HomeMy WebLinkAbout19-3690 ordORDINANCE NO. 19-3690
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS: ADOPTING A COMPREHENSIVE LAND USE
PLAN AND ZONING ORDINANCE INCLUDING A ZONING MAP FOR
THE CITY OF PLAINVIEW; ESTABLISHING ZONING REGULATIONS
AND ZONING DISTRICTS THROUGHOUT THE MUNICIPAL LIMITS
OF THE CITY OF PLAINVIEW; PROVIDING AN ADMINISTRATIVE
REVIEW AND PERMIT APPROVAL PROCESS; PROVIDING FOR
SPECIAL EXCEPTIONS AND PROCEDURES FOR VARIANCES;
ESTABLISHING ADMINISTRATIVE BODIES INCLUDING A
PLANNING AND ZONING COMMISSION AND ZONING BOARD OF
ADJUSTMENT; PROVIDING A NON -JUDICIAL AND JUDICIAL
APPEAL PROCESS; PROVIDING FOR CONTINUATION OF PRIOR
ORDINANCE FOR PENDING PROCEEDINGS; REPEALING THE
CURRENT ZONING ORDINANCE AND MAP; RECLASSIFYING
ARTICLE 14.03 "AIRPORTS" AS ARTICLE 1.14; PROVIDING FOR A
PENALTY OF UP TO $2,000.00 FOR VIOLATIONS; PROVIDING AN
EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the City Council for the City of Plainview, Texas pursuant to the constitution
and laws of the State of Texas including, but not limited to, Article 11, Section 5 of the Texas
Constitution as a home rule city, the Plainview City Charter and Texas Local Government Code
Chapters 211, 213, 214 and 216 and Texas Water Code Section 16.315, has the authority to set
forth zoning ordinances and regulations and exercise its police powers for the public health, safety,
morals, or general welfare of the citizens of the City of Plainview and for protecting and preserving
places and areas of historical, cultural, or architectural importance and significance and to promote
a harmonious, convenient, workable relationship among land uses; and
WHEREAS, the City Council of the City of Plainview, Texas previously approved
Ordinance 89-2798, adopted by the city on July 25, 1989, as amended, a comprehensive zoning
ordinance, codified in Plainview Code of Ordinances and found in Chapter 14, Articles 14.01,
14.02 and Exhibit A thereto respectively; and
WHEREAS, city staff and professional consultants reviewed the City of Plainview's
comprehensive zoning ordinance and zoning map and after conducting numerous meetings with
interested parties including the City Council, the Planning and Zoning Committee, citizen advisory
groups and members of the public, determined that a new comprehensive zoning ordinance and
zoning map needed to be developed in order to simplify the City's zoning, update the ordinance to
comply with current legal standards, to better reflect the development of the City of Plainview and
to provide a better regulatory framework for the future development of the City of Plainview; and
WHEREAS, the Planning and Zoning Commission, published notice of the time and place
of a public hearing in the official newspaper of the City of Plainview, the Plainview Daily Herald
at least fifteen (15) days prior to conducting a public hearing on the proposed new comprehensive
zoning ordinance and zoning map which occurred on March 28, 2019, in accordance with the
Ordinance No. 19-3690
112
applicable provisions of the City of Plainview Code of Ordinances and Chapter 211 of the Texas
Local Government Code; and 0
WHEREAS, at the conclusion of the public hearing, the Planning and Zoning Commission
considered the new comprehensive zoning ordinance and zoning map attached hereto and voted to
recommend to the City Council to adopt the new proposed comprehensive Zoning Ordinance and
Zoning Map as outlined herein; and
WHEREAS, notice of the time and place of a public hearing on the proposal before the
City Council was published in the Plainview Daily Herald at least fifteen (15) days prior to the
date of the public hearing in accordance with the applicable provisions of the City of Plainview
Code of Ordinances and Chapter 211 of the Texas Local Government Code; and
WHEREAS, on April 9, 2019, the City Council of the City of Plainview conducted a
public hearing for the new comprehensive zoning ordinance and zoning map at a regular council
meeting and all interested persons were given an opportunity to speak on such recommendation;
and
WHEREAS, after conducting the public hearing and considering the matter, the City
Council now finds that the following zoning ordinance and zoning map to be reasonable and
beneficial for the public health, safety, morals, general welfare and public interest of the citizens
of Plainview and protects and preserves places and areas of historical, cultural, or architectural
importance and significance and promotes the a harmonious, convenient, workable relationship
among land uses; 0
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLAINVIEW HEREBY
ORDAINS THAT:
SECTION 1. The recitals set forth above are hereby found to be true and correct and are
incorporated into the body of this Ordinance for all purposes as if fully set forth herein.
SECTION 2. That the prior Zoning Ordinance and Zoning Map of the City of Plainview, Texas,
adopted by Ordinance 89-2798, adopted by the city on July 25, 1989, as amended and codified as
Articles 14.01, 14.02 and Exhibit A of Chapter 14 of the Code of Ordinances, City of Plainview,
including the official zoning map, is hereby repealed and rescinded in its entirety and this
Ordinance No. 19-3690 and corresponding zoning map be and is hereby adopted and enacted as
the comprehensive Plainview Zoning Ordinance and official Zoning Map of the City of Plainview,
and is attached hereto as Exhibit A and incorporated herein as though set forth fully herein.
SECTION 3. For the limited purposes of any pending legal proceedings, vested rights, or accrued
causes of action under the prior Zoning Ordinance and Zoning Map, such Ordinance and Map are
continued in effect for those limited purposes just mentioned after final passage of this ordinance.
SECTION 4. Subsequent additions or amendments to the Zoning Ordinance and Zoning Map
when passed in such form as to indicate the intention of the Planning & Zoning Commission and
City Council to make these same additions or amendments a part of the Zoning Ordinance and
Ordinance No. 19-3690
Zoning Map shall be deemed to be incorporated into this Zoning Ordinance and Zoning Map, so
that reference to the ordinance includes the additions and amendments.
SECTION 5. Article 14.03 of Chapter 14 of the Code of Ordinances, City of Plainview, entitled
"Airports", is hereby reclassified as, and hereby is created, Article 1.14 of Chapter 1 of the Code
of Ordinances, City of Plainview with each division, section and subsection thereof being
renumbered to reflect this reclassification and reference to Article 1.14.
SECTION 6. With the exception of the reclassification from Article 14.03 to Article 1. 14, all the
terms, provisions, regulations and conditions of the Airport Zoning Board and the Airport Zoning
Regulations and Regulation of Aircraft Activity are not amended by this Ordinance and remain in
full force and effect.
SECTION 7. Severability. If any provision, section, subsection, sentence, clause or the
application of same to any person or set of circumstances for any reason is held to be
unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining
portions of this ordinance or the application thereby shall remain in effect, it being the intent of
the City Council of the City of Plainview, Texas in adopting this Ordinance, that no portion thereof
or provision contained herein shall become inoperative or fail by any reasons of unconstitutionality
of any other portion or provision.
SECTION 8. Penalty. Any person violating this Ordinance, or any portion thereof shall upon
conviction be guilty of a misdemeanor and, in accordance with Section 1.01.009 of the Code of
Ordinances, City of Plainview, Texas, shall be fined any sum not exceeding $2,000 and each day
that such violation continues shall be considered a separate offense and punishable accordingly.
SECTION 9. Effective Date. This ordinance shall take effect immediately from and after its
passage and publication as may be required by governing law.
SECTION 10. Repealed. All other terms and provisions of the Code of Ordinances, City of
Plainview, Texas not in conflict herewith and not hereby amended shall remain in full force and
effect.
SECTION 11. Publication. The City Secretary of the City of Plainview is hereby authorized and
directed to cause publication of the descriptive caption of this Ordinance as an alternative method
provided by law.
Passed and approved on first reading this 91h day of April, 2019.
Passed and approved on second reading this 23`d day of April, 2019.
/-/j -
endell Dunlap, Mayor
Ordinance No. 19-3690
113
114
ATTEST:
I
AIA
Belinda Hinojosa, 2ity Secr t
APPROVED AS TO CONTENT:
( nA
Jeffrey yder, Ci anager
APPROVED AS TO FORM:
GNU
Mat ew L. Wade, City Attorney
Ordinance No. 19-3690
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CHAPTER14 ZONING.............................................................................................................................................................................2
Article 14.01- Authority, Purpose, Jurisdiction, Applicability........................................................................................2
Article14.02 - Zoning Districts....................................................................................................................................................4
Article14.03 - Land Uses................................................................................................................................................................9
Article 14.04 - Limited, Special, and Temporary Use Standards.................................................................................18
Article 14.05 - Lot, Density, Design and Historic Standards.........................................................................................
28
Article14.06 - Parking and Loading........................................................................................................................................
37
Article 14.07 - Landscaping and Buffering...........................................................................................................................48
Article14.08 - Signs.......................................................................................................................................................................
53
Article14.09 - Nonconformities...............................................................................................................................................
66
Article14.10 - Administrative Bodies.....................................................................................................................................
69
Article 14.11- Standardized Development Procedures..................................................................................................
73
Article 14.12 - Administrative Approvals: Permits and Procedures..........................................................................
78
Article 14.13 - Public Body Approvals: Permits and Procedures................................................................................
81
Article 14.14 - Enforcement and Remedies.........................................................................................................................
88
Article 14.15 - Rules of Construction and Definitions......................................................................................................
90
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CHAPTER 14 ZONING
Article 14.01— Authority, Purpose, Jurisdiction, Applicability
Sec. 14.01.001 Title
The City of Plainview Zoning Ordinance shall be known as, and may be referred to as "the Plainview Zoning
Ordinance" or "this Chapter."
Sec. 14.01.002 Authority
The Plainview Zoning Ordinance is adopted:
a. Under the authority of the Constitution and laws of the State of Texas, including but not limited to the
following chapters of the Texas Local Government Code (TLGC) and the Texas Water Code (TWC), as
amended:
1. TLGC Chapter 211, Municipal Zoning Authority;
2. TLGC Chapter 213, Municipal Comprehensive Plans;
3. TLGC Chapter 214, Municipal Regulation of Housing and Other Structures;
4. TLGC Chapter 216, Regulation of Signs by Municipalities; and
5. TWC Section 16.315, Political Subdivisions.
b. Pursuant to the provisions of the City's Home Rule Charter.
Sec. 14.01.003 Purposes
The purposes of this ordinance and the continued presence of zoning within the city limits are to:
a. Promote and protect the health, safety, comfort, convenience, prosperity and general welfare of the
citizens of Plainview by assuring quality development and allowing for proper economic growth which
conforms to the City's Comprehensive Plan.
b. Promote the stability of existing land uses that conform with the City's Comprehensive Plan and protect
these uses from unharmonious influences and harmful intrusions;
c. Promote a harmonious, convenient, workable relationship among land uses;
d. Encourage quality development through effective planning which utilizes modern innovations of urban
design;
e. Promote and protect the aesthetic quality of the city, by conserving and enhancing the taxable values of
land and buildings throughout the city;
f. Protect and enhance areas of scenic, historic or cultural importance;
g. Provide adequate light and air;
h. Encourage proper population densities and prevent the overcrowding of structures;
L Provide adequate protection for community investments in water, sewer, streets, schools, parks, and
other community facilities;
j. Promote a safe, effective traffic circulation system;
k. Provide safety from fire and other dangers;
1. Regulate the intensity of the use of lot areas;
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m. Establish setback lines designed for all districts;
n. Fix standards to which buildings or structures shall conform;
o. Prohibit uses, buildings, or structures incompatible with the character of such districts; and
p. Provide for the gradual elimination of nonconforming uses of land, buildings and structures.
Sec. 14.01.004 Applicability
a. jurisdiction.
1. Unless otherwise noted all provisions of this Chapter apply within the corporate limits of the
City of Plainview, Texas.
2. No provision of this Chapter shall apply within the Extraterritorial Jurisdiction (ETJ) of the City.
b. Zoning Districts. This ordinance divides the City into zones or districts which restrict and regulate the
location, construction, alteration, and redevelopment of the usage of all buildings for trade, industry
residence, and other specified uses.
c. Comprehensive Plan. All approvals made by either City Staff, the Planning and Zoning Commission,
and the City Council shall be consistent with the most recent edition of the City's Comprehensive Plan.
Sec. 14.01.005 Enactment, Effective Date and Repeal
a. Enactment. The enactment of this Chapter shall repeal and replace the City of Plainview Zoning
Ordinance, as adopted on July 25, 1989, by Ordinance 89-2798, replaced by Ordinance 19-3690,
hereafter titled the City of Plainview Zoning Ordinance.
b. Effective Date. The effective date of April 29, 2019 shall be the date when this Chapter enters into the
full force of law.
Sec. 14.01.006 Transition Standards
a. Development Approvals Predating Code's Effective Date.
1. It is the City's intent to respect existing zoning and land development approvals. Approved
development may be carried out within the scope of the development approval, including
applicable standards in effect at the time of approval, provided that the approval was valid and
has not lapsed per Sec. 14.11.005, Inactive and Expired Applications. This specifically includes
any specific use permits which were granted prior to the adoption of this ordinance.
2. This section does not prevent the City from:
a. Adopting or enforcing building codes; or
b. Prohibiting the use of building materials that have been proven to be inherently
dangerous.
b. Pending Applications.
1. Except as provided in subsection b(2) below, each application for development approval shall
be evaluated only by the zoning regulations and adopted ordinances in effect at the time that
each complete application is submitted.
2. Applications that are not pursued with due diligence may expire pursuant to Sec. 14.11.005,
Inactive and Expired Applications.
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Article 14.02 — Zoning Districts
Sec. 14.02.001, Purpose and Applicability
a. Purpose. The purpose of this Article is to establish zoning districts which will provide for both
development and redevelopment opportunities within the City and which correspond to the specific
purpose statements set out in Table 14.02.002, Zoning Districts and Purposes.
b. Applicability. Set out in Sec. 14.02.002, Zoning Districts Established, are the separate and unique zoning
districts that exist within the City limits. The zoning districts are shown on the official zoning map,
which is established in Sec. 14.02.003, Official Zoning Map.
Sec. 14.02.002, Zoning Districts Established
Table- 00
Zoning Districts and Purposes
Districts
Prior Districts The purpose of the district is ..
Name Consolidated
Renamed
Rural/Agricultural
The preservation and continuation of agricultural use of land where adequate infrastructure is
(RA)
i.
A either not available and/or urban development is premature or inappropriate.
PTO -nn
.
R -1L
Suburban
The development and preservation of single-family detached residential neighborhoods with a
Residential (SR)
R-1
suburban low-density character.
R-2
2F
The development and preservation of single-family detached and single-family attached
Mixed Residential
residential neighborhoods (i.e. duplexes and townhomes) with a suburban character. This district
SF -A
(MR)
may provide a "buffer" between the low-density SR district and the nonresidential districts.
MF -1
A variety of different housing options within a single medium density zoning district. Such housing
Multifamily
options include a variety of single-family attached (i.e. duplexes and townhomes), single-family
Residential
Real (MF)
detached and multi -family y residential uses.
Manufactured
tune(MH
MH -1
To provide locations with the City for properly maintained manufactured home parks.
MH -2
Housing
College and
Locations for the development of and activities associated with the operations of an accredited
University (CU)
U
college or university.
Commercial and mixed-use development within the City's original downtown. Development
within the Downtown District is urban in character (i.e., buildings are built to the street and
Downtown (DT)
D -H Overlay
parking is generally provided on -street or in public or private parking lots which may include
structured parking). Additionally, the purpose of this district is to provide for protection and
enhancement of designated areas which have historical, architectural or cultural merit.
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Sec. 14.02.003, Official Zoning Map
a. Generally. An up-to-date and official copy of the City of Plainview Zoning Map is maintained by the
Administrator and is available for inspection during regular business hours at City Hall.
b. Force and Effect. The Zoning Map and all notations, references, and other information shown on the
map are a part of this Chapter and have the same force and effect as this Chapter's text.
c. Omitted Land. It is the intent of this Chapter for the entire area of the City to be zoned. This includes
all land and water areas, rivers, streets, alleys, railroads, and other rights-of-way. Any area not shown
on the Zoning Map as being included in a specific zone shall be classified as Rural/Agricultural (RA).
d. Annexed and Undesignated Property. For the purposes of ensuring that all land within the municipal
limits has a zoning designation, any land that is not assigned a zoning district on the Official Zoning Map
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Table 00
Zoning Districts and Purposes
Name
Prior Districts
Consolidated
purposeDistricts
The provide for:
Mixed Use (MU)
Renamed
CB (except D -H
A mix of residential, retail, service, office and general commercial uses. This broad range of
Overlay)
permitted uses is intended to promote revitalization of the area surrounding downtown.
Limited and non -intrusive commercial uses within a .25 mile to .5 mile radius to residential
O
neighborhoods. This provides citizens the ability to obtain essential goods and services within
Neighborhood
both walking and biking distance to their homes. Additionally, office uses that create minor
Commercial (NC)
automobile traffic are also appropriate located in this district. Such districts should be adjacent to
C-1
collector or arterial streets and may serve as an area of transition between residential and
commercial uses.
General
C-2
General commercial uses. The character of this district is intended to be auto -urban.
Commercial (GC)
C-3
Light Industrial
M-1
Industrial, warehousing, and commercial uses requiring indoor and outside storage and display.
(LI)
Heavy Industrial
Heavy industrial and/or manufacturing uses which will or may produce off-site noise, odor, dust
(HI)
M-2
and/or other visible and sensory impacts.
Airport Overlay
_
Protection against the encroachment of incompatible uses to protect safe airport operations.
District (AP)
Floodplain
The minimization of land uses which could create adverse emergency management response
issues in the advent of a major flood. The land uses to be excluded from this overlay district
Overlay District
FP
include those uses that would create a significant burden to emergency management personnel
(FP)
when a significant flooding event does occur.
The unified and coordinated development of parcels or tracts of land. Certain freedom of choice
Planned
as to intended land uses shall be permitted, provided that the essential site development
Development (PD)
PD
regulations are complied with and that the intended uses are not in conflict with the general
purpose and intent of either this ordinance or the City's Comprehensive Plan.
Sec. 14.02.003, Official Zoning Map
a. Generally. An up-to-date and official copy of the City of Plainview Zoning Map is maintained by the
Administrator and is available for inspection during regular business hours at City Hall.
b. Force and Effect. The Zoning Map and all notations, references, and other information shown on the
map are a part of this Chapter and have the same force and effect as this Chapter's text.
c. Omitted Land. It is the intent of this Chapter for the entire area of the City to be zoned. This includes
all land and water areas, rivers, streets, alleys, railroads, and other rights-of-way. Any area not shown
on the Zoning Map as being included in a specific zone shall be classified as Rural/Agricultural (RA).
d. Annexed and Undesignated Property. For the purposes of ensuring that all land within the municipal
limits has a zoning designation, any land that is not assigned a zoning district on the Official Zoning Map
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or any land that is annexed into the City, without an express zoning district designated within the
annexation ordinance, shall be zoned as Rural/Agricultural (RA).
e. Rezoning. Any amendment to the zoning classification (rezoning) on the Zoning Map shall include the
legal description of the land involved extending to the centerline of abutting rights-of-way.
f. Interpreting the Zoning Map. Where the Zoning Map appears to be unclear regarding the location of
district boundaries, the Administrator, or at the Administrator's discretion, the Planning and Zoning
Commission, shall make a determination using the following criteria:
1. Rights -of -Way or Easements. Where boundary lines appear to follow existing streets, alleys,
railroad tracks, utility lines, or similar features, the zoning boundary shall be construed to
follow the center line of such features. Where the location of these features on the ground differ
from that shown on the Zoning Map, the features on the ground control.
2. Property Lines. Where the boundaries are indicated as approximately following property or
other lot lines, such lines shall be construed to be the boundaries.
3. Watercourses. Boundaries shown as following, or approximately following, the shoreline or
centerline of drainage ways, rivers, streams, water bodies, or other watercourses shall be
construed as following the channel shoreline or centerline. In the event of a natural change in
the location of such streams or other watercourses, the zoning district boundary shall be
construed as moving with the channel shoreline or centerline.
4. Un -subdivided Land or No Identifiable Feature. Where un -subdivided land, or where a zoning
district boundary follows no identifiable feature, the location of the boundary, unless the same
is indicated by dimensions, shall be determined by applying, in order, the following rules:
a. Legal Description. The boundary shall be according to the legal description in the
ordinance establishing the district boundaries;
b. Text Dimensions. The boundary shall be located by reference to dimensions shown in the
text on the Zoning Map.
c. Map Scale. The boundary shall be located using the map scale appearing on the Zoning
Map.
5. Floodplain Boundaries. When not otherwise determined, the boundaries of flood zones shall
follow contour or elevation lines at the elevation above sea level indicated on the official Flood
Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM). Elevations between
stream cross-sections on the FHBM or FIRM shall be determined by proportional interpolation.
6. Vacation or Abandonment. Where a public street, alley, or parcel of land is officially vacated or
abandoned, the regulations applicable to the abutting property apply equally to the vacated or
abandoned street, alley, or parcel of land.
Sec. 14.02.004, Airport (AP) Overlay District
See City of Plainview Code of Ordinances, Article 1.14, Airports.
Sec. 14.02.005, Floodplain (FP) Overlay District
a. Purpose and Intent. It has been determined that within the City of Plainview corporate limits there
exist flood hazard areas which are subject to periodic inundation and which can result in loss of life and
property and in general adversely affect the public health, safety, and general welfare.
b. Establishment of Overlay District. To minimize the potential adverse effects of flooding and
associated problems, a Floodplain (FP) Overlay District is established which delineates the floodway
encroachment lines which are still subject to inundation by the regulatory 100 -year flood. This district
is superimposed on the City of Plainview Official Zoning Map and its provisions apply to all lands, water
areas and watercourses within the City of Plainview. 0
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c. Designation of Floodplain District Boundaries. The floodplain overlay district boundary is
determined by the Federal Emergency Management Administration's Flood Hazard Boundary Map.
Where interpretation is required as to the exact location of the boundaries of said districts then
reference to the current FEMA Flood Hazard Boundary Map or other updated surveys and studies,
using controlling floodwater surface and land elevation data therefrom, plus interpretation and review
by the Administrator, shall be made for more exact determination.
d. Relationship to Articles on Wet Weather Lakes and Flood Prevention. Nothing in this Chapter
shall supersede the requirements found within Article 3.12, Wet Weather Lake Areas, and Article 3.13,
Flood Prevention.
Sec. 14.02.006, Planned Development (PD) District Regulations
a. Purposes. In order that the public health, safety, integrity, and general welfare may be furthered to
meet shifting market demands, the Planned Development (PD) zone is established to provide project
variety and diversity through the modification of standards within this Ordinance, so that maximum
long-range neighborhood and community benefits can be gained for the following purposes:
1. To encourage a pattern of development that enhances the landscape in a manner which could
not otherwise be accomplished using a different zone, such that placement and construction of
buildings, paths, and roads tend to enhance the natural assets, and unique landforms which are
already present on-site;
2. To encourage innovations in residential, commercial, recreational, and industrial development
so that the demands of the population may be met by greater variety in type, design, and layout
of buildings; and
3. To provide for necessary commercial, recreational, and educational facilities conveniently
located in proximity to residential uses.
b. Applicability.
1. Threshold. No PD zone shall be created unless it is demonstrated that the zone materially
advances the purposes set out in subsection (a) above.
2. Higher Quality Development Required. Any development approved through the use of the PD
zone shall be of a higher quality than would otherwise be achieved through the application of
this Ordinance. PD zones shall not be used to avoid the intent of requirements of this Ordinance
which provides for community benefit that more than offsets the impacts of the development
allowed with a PD.
c. Historic Standards and Overlay Districts. All planned developments must in conformance with the
requirements of the historic standards and overlay districts where they are located. This is to include,
but not limited to:
1. Sec.14.02.004, Airport (AP) Overlay District,
2. Sec.14.02.005, Floodplain (FP) Overlay District,
3. Sec. 14.05.005, Historic Standards for the Downtown District;
d. Use Regulations. A building or premise in this zoning district may be used for any use allowed in any
district contained in this ordinance, except:
1. Those uses specifically prohibited by this ordinance, including but not limited to the three
overlay districts cited in subsection (c) of this section; and
2. Any use that is shown to not conform with the purpose and intent of the City's Comprehensive
Plan.
e. Height, Lot, and Yard Requirements. The height, lot, and yard requirements shall conform to those
requirements of the appropriate subsections of this ordinance for the appropriate intended use, except
that modifications in these regulations may be granted if it shall be found that such modifications will
not adversely affect nearby properties and provides a higher standard of built environment than what
is presently permitted.
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f. Area Requirements.
1. 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 75
dwelling units, one acre of land shall be designated and appropriately developed as recreational
or open space.
2. A minimum land area of 10 acres shall be required before application for a PD will be approved.
g. Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements
for specific uses set forth in Article 14.06, Parking and Loading.
h. Subdivision Regulations. All requirements of Chapter 10, Subdivision Regulations, shall be complied
with, except for height, lot, yard, and area requirements should it found that the proposed development
provides a higher standard of built environment.
i. Lighting. No provisions of Sec. 14.06.003, Lighting, are to be waived via a PD application.
j. Noise. No provisions of Art. 8.04, Noise, are to be waived via a PD application.
k. Common Areas.
1. Joint Ownership. Any and all developments which create joint ownership of property shall be
developed through the PD process of this section.
2. Legal Instrument. A legal instrument detailing the legal and maintenance responsibilities of the
Property Owners Association shall be developed pursuant to, Sec. 10.03.003, Property Owner
Associations, which will be strictly adhered to by the City, the developer, and owners of the
property.
1. Procedural Process. See Sec. 14.13.006, Zoning Map Amendment (Rezoning).
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Article 14.03 — Land Uses
Sec. 14.03.001, Generally
The tables in this Article describe which land uses are prohibited, permitted, limited, special, and
temporary within the zoning districts identified in Table 14.02.002, Zoning Districts and Purposes.
Sec. 14.03.002, Legend
a. Using the Tables. The tables in this Section list the applicable land uses in rows, organized by general
land use category. The zoning districts are arranged in columns. Where rows and columns intersect, a
letter indicates if the use is permitted, limited, special, temporary, or prohibited in the district, as set
out below.
b. Symbols. All the tables in this section use the following symbols:
1. "P" means that the land use is a Permitted Use. The use is permitted as of right subject to:
a. The standards identified in Article, 14.05, Lot, Density and Design Standards; and
b. The procedures set out in Article 14.12, Administrative Approvals: Permits and
Procedures.
2. "L" means that the land use is a Limited Use, which is permitted and may be administratively
approved by the Administrator, subject to:
a. The applicable limited use standards provided in Sec. 14.04.002, Limited Use Standards;
b. The standards identified in Article, 14.05, Lot, Density and Design Standards; and
c. The procedures set out in Article 14.12, Administrative Approvals: Permits and
Procedures.
3. "S" means that the use is allowed only as a Special Use, which may be approved only after a
public hearing and consideration by the Planning and Zoning Commission and a subsequent
public hearing and determination by the City Council, and are subject to:
a. The standards identified in Sec. 14.04.003, Special Use Standards;
b. The standards identified in Article, 14.05, Lot, Density and Design Standards; and
c. The procedures set out in Article 14.13, Public Meeting Approvals: Permits and
Procedures.
4. "T" means that the use is allowed only for a fixed duration of time as a Temporary Use, which is
permitted and may be administratively approved by the Administrator, subject to:
a. The standards identified in Sec. 14.04.004, Temporary Use Standards; and
b. The procedures set out in Article 14.12, Administrative Approvals: Permits and
Procedures.
5. "B" means that the use is unaffected by the presence of the Floodplain Overlay District (See Sec.
14.02.005, Floodplain Overlay District). The permissibility of the use is determined by its base
zoning district designation.
6. "-" means that the use is a Prohibited Use in the specified zoning district. Uses listed as
prohibited within an overlay district are prohibited regardless of their base zoning district
designation.
1 PL. INVIEW,TX
explore the oppoilunittes
Sec. 14.03.003, Residential Uses and Commercial Uses of the Home
Table
14.03.003,
Residential
Uses
by Zoning District
Prohibited;
StandardsLimited Use
.0.00
Zoning Districts
Rural
Land Use
Residential
Nonresidential /
Mixed
Use
Overlay
Special
RA
SR
MR MF
MH
CU
MU DT NC
GC
Ll
HI
AP' FP PD 2
MAC.
Single Family Residential; ..
IFM
MR MF
MH
CU
MU NC
GC
LI
HI
API MM
Single Family Detached Dwelling
P
P
P
P
P
-
1
B
2
Duplex (2 du)
-
-
P
P
-
P
P
-
-
-
-
-
B
Townhouse (3 to 10 du)
P
P
P
P
-
-
-
rB�
Multiple -Family Residential
RA
SR
MR
MF
MH
CU
MU
DT
NC
GC
LI
HI
API
FP
PD2
Apartment (> 3 du)
-
L
-
L
L
L
-
-
Dormitory
-
-
-
L
-
L
L
-
-
-
-
-
1
2
Manufactured Home Park
-
-
L
-
Retirement Housing
-
-
-
L
-
-
L
-
L
L
-
-
Residential Accessory
RA
SR
MR
MF
MH
CU
MU
DT
NC
GC
LI
HI
API
FP
PD2
Accessory Building
L
L
L
L
L
L
-
-
-
-
B
Attached Accessory Dwelling Unit
L
-
L
L I
L
-
L
-
-
-
B
1
2
Detached Accessory Dwelling Unit
L
-
L
-
-
L
-
-
-
B
Downtown Loft
-
-
-
-
-
-
L
-
-
-
-
MB
Commercial Uses of the Home
RA
SR
MR
MF
MH
CU
MU
DT
NC
GC
LI
HI
API
FP
PD2
Bed and Breakfast
L
-
L
L
-
L
-
1
2
Home Occupation
L
L
L
L
L
-
-
-
-
-
-
-
B
Registered Family Home
L
L
L
L
-
(Child Care)
Notes: I See Art. 1.14, Airport Overlay District. This overlay district affects the height of structures within a close proximity to the airport.
2See Planned Development section for use and standards.
3 Group Homes. Group homes are permitted within all three subtypes of Single -Family Residential: single-family dwelling; duplex;
and townhouse as required per federal law.
10
0 PL- INVIEW,TX 125
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Sec. 14.03.004, Nonresidential Uses
w
Table004
Nonresidential
.• ..Prohibited;
Limited Use Standards
— Sec. 14.04.002;
Special Use
Standards — Sec. 14.04.003;
Temporary Use
Standards
— Sec. 14.04.004
Zoning Districts
Land Use
Rural
Residential
Nonresidential
/ Mixed
Use
Overlay
Special
RA SIR
MR MF
MH CU MU DT
NC GC
Ll
HI ..
.,
Agricultural Uses and
"MR7MFMH
Agricultural Support
RA SR
CU MU DT
NC GC
LI
HI API FP
PD2
Services
Animal Husbandry
L
_
L
B
B
Community Garden
-
P
P
P
P
P
P
P
P
Farm, Ranch, or Orchard
P
-
-
-
-
-
B
1
2
Farming, Landscaping, and
Horticultural Sales &
L
-
-
-
-
-
P
P
-
P
P
B
Services
Greenhouse / Nursery
L
L
-
-
L
L
B
Automobile and Related
RA
SR
MR
MF
MH
CU
MU
DT
NC
GC
LI
HI
API
FP
PD2
Service Uses
Automobile and Vehicle
P
L
L
B
Wash
Automobile Structured
Parking
-
-
-
-
S
L
L
-
L
L
L
B
(Primary Use)
B
Automobile Parking Lot
P
P
P
P
P
P
(Primary Use)
Automobile / Vehicle Parts
and/or Accessories
L
L
L
B
1
2
Automobile / Vehicle Sales
and Rental
L
-
L
L
-
B
Automobile / Vehicle
Repair & Auto Body
Automobile / Vehicle
_
S
L
-
L
L
B
Service
Truck Parking Lot (Primary
Use)
-
-
-
-
-
-
-
-
-
P
P
-
B
w
1 PI-INVIEW,TX
explore the oppo►tu►►►tie�.
12
Ll
14.03.004, Nonresidential
Uses by Zoning District
Temporary;Table
Prohibited;
Use Standards
— Sec. 14.04.002; Special Use
Standards
— Sec. 14.04.003; Temporary Use
Standards
— Sec.
14.04.004
Zoning Districts
Land Use
ResidentialLimited
Rural
.-
Special
•.
•D
ivic, Institutional,
1
MH
CU
0 F
Health Care Uses
Adult Day Care Center
-
-
-
P
P
P
Cemetery / Funeral
_
_
_
P
-
P
-
B
Services
Correctional Institution
-
-
-
S
Child -Care, Day Care
_
_
_
P
L
L
L
-
-
Center
Educational Services
L
L
L
L
L
L
L
L
L
L
P
Hospital / Rehabilitative
P
P
-
-
Care
1
2
Library, Museum, or
P
P
P
P
P
Gallery
Medical and Diagnostic
_
P
P
P
P
P
P
P
-
Laboratories
Medical Office / Clinic
-
P
P
I P
P
I P
-
-
Place of Public Assembly,
L
L
L
-
P
L
L
P
P
-
Indoor
Governmental Service
(Police, Fire, Emergency
P
-
P
P
P
P
P
P
P
Medical Services)
Commercial Uses
RA
SR
MR
MF
MH
CU
MU
DT
NC
GC
LI
HI
AP'
FP
PDZ
Bank, Credit Union, and
_
_
P
P
P
P
P
Financial Services
Building Materials and
-
-
-
-
P
L
_
P
P
P
8
Hardware Store
I
2
Dance Hall / Nightclub
-
-
-
L
-
L
-
B
Gasoline Station
-
-
-
-
-
L
L
L
i.
-
12
Ll
0 PL- INV'IEW,TX 127
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13
Table 14.03.004,
Nonresidential
Uses by Zoning
District
P = Permitted;
L = Limited;
S = Special;
T = Temporary;
- = Prohibited;
B = Base
Limited Use Standards
— Sec. 14.04.002;
Special Use
Standards
— Sec.
14.04.003;
Temporary
Use Standards
— Sec. 14.04.004
Zoning Districts
Land Use
Rural
Residential
Nonresidential
/
Mixed Use
Overlay
Special
/
RA SR
MR MF
MH
CU
MU DT
NC
GC LI
HI AP' FP
PDz
Grocery (Food Sales)
Heavy Machinery Sales
and Rentals
Home Furnishing Store
Motel / Hotel
office, Genera I
Personal Services
and Campgrounds
Repair Service
Restaurant
Retail Sales
Self -storage,
warehouse
I
-EINNEEMENEIR
Sexually Oriented
dio or Shop
Recording)Crafts, or
and/orVeterinary Clinic
Service, Small Animal
Veterinary Clinic, Large
Animal
13
1 PLA- 1NVIEW,TX
explore the opporlunities
14
14.03.004, Nonresidential
Uses by Zoning
District
Temporary;Table
Prohibited;
Use Standards
— Sec. 14.04.002; Special Use
Standards
— Sec. 14.04.003; Temporary
Use
Standards
— Sec.
14.04.004
Zoning Districts
Land Use
ResidentialLimited
Rural
Special
., SR MR MF
MH
CU MU DT
NC GC
Ll
HI
..
.D
FMaonuEctouringUses
MF
"T
MH
PD
7
1.CUMUDTNCGCLIHIAP1FP
11
Bakery, Wholesale
-
-
P
P
P
B
Batch Plant, Permanent
-
-
-
-
-
-
-
-
S
Contractor's Shop and/or
_
_
L
L
Service Yard
Industrial and
Manufacturing Product
-
-
-
-
-
-
-
-
L
L
B
Sales and Supply
Junkyard / Salvage Yard
-
-
S
-
Manufacturing, Heavy
(includes handling of
L
-
explosive and/or foul
materials)
Manufacturing, Light
(includes product
-
-
-
L
L
1
B
Z
assembly and processing)
Publishing Services
-
-
-
-
-
P
-
-
P
P
P
B
Resource Extraction
-
-
-
-
L
B
Warehousing and Storage
-
-
-
-
-
-
-
L
L
B
Recreation and
RA
SR
MR
MF
MH
CU
MU
DT
NC
GC
LI
HI
APl
FP
PDz
Entertainment Uses
Commercial Amusement,
_
P
P
P
P
P
B
Indoor
Commercial Amusement,
L
-
-
-
L
L
-
L
L
-
B
Outdoor
1
2
Outdoor Shooting /
S
-
-
-
B
Archery Range
Park & Recreation Facility
P
P
P
P
P
P
P
P
P
P
P
-
B
14
0 PLnINVIEW,TX 129
e\plo►e the oppo►tunities
1a
Table004
Nonresidential
.•
..Prohibited;
Use Standards
- Sec. 14.04.002;
Special Use
Standards
- Sec. 14.04.003; Temporary Use
Standards
4
- Sec. 14.04.004
Zoning Districts
0
Land Use
Rural
ResidentialLimited
Ove r la y
Special
i al
., SIR
MR MF
MH
CU MU DT NC GC
LI
HI AP1 FP
.D
NCGC
LIFP
emweamemal
Cargo Terminal
P
_
p
P
Landfill
S
-
-
-
-
-
-
S
Passenger Terminal
-
-
P
P
P
P
P
Power Generation,
Transmission, and
Distribution (includes large
L
-
-
-
-
-
-
-
-
-
L
L
B
solar collectors and
1
2
windmills)
Water and Sewage
P
P
B
Treatment
$
Water Storage
L
L
L
L
L
L
L
L
L
L
L
L
Wireless
Telecommunications
L
-
L
L
L
n
Tower
Accessory Uses
RA
SR
MR
MF
MH
CU
MU
DT
NC
GC
Ll
HI
API
FP
PD2
Alcohol Sales (Off -Site
_
_
L
L
B
Consumption)°
Alcohol Sales (On -Site
_
_
_
_
L
-
L
L
B
Consumption)°
Automated Teller Machine
P
P
P
P
P
P
B
(ATM), Non -Freestanding
1
7
Donation Bin / Recycling
_
_
_
P
P
P
P
P
P
B
Collection, Drop -Off
Drive -In or Drive -Through
_
L
L
L
B
Facility
Garden Center
-
-
-
-
-
-
-
L
-
B
1a
110 PLAINVIEW,TX
explo►e (lie oppo►tunities
u
M
14.03.004, Nonresidential
Uses by Zoning District
Temporary;Table
Use Standards
— Sec. 14.04.002; Special Use Standards
— Sec. 14.04.003; Temporary Use
Standards — Sec.
14.04.004
Zoning Districts
Land Use
ResidentialLimited
Rural
.-
Special
RA SR MR MF MH
CU MU DT NC GC
Ll HI
AP' FP
•D
Helipad
-
- - L
-
B
B
Solar Collectors (small
L
L
L
L
L
L
L
L
L
L
L
L
accessory structures)
B
B
B
Utility Line
P
P
P
P
P
P
P
P
P
P
P
P
Utility Transfer Station
P
P
P
P
P
P
P
P
P
P
P
P
Vending Kiosk
-
-
L
L
L
L
L
L
-
Temporary Uses
RA
SR
MR
MF
MH
CU
MU
DT
NC
j GC
LI
j HI
API-
FP
PDZ
Asphalt/Concrete Batching
T
T
T
T
T
T
T
T
T
T
T
T
B
Plant (Temporary)
Construction Buildings and
T
T
T
T
T
T
T
T
T
T
T
T
B
Structures (Temporary)
Construction Dumpsters
T
T
T
T
T
T
T
T
T
T
T
T
B
(Temporary)
1
Z
Construction Yard
_
_
_
_
_
_
T
T
(Temporary)
Model Homes and On -Site
T
T
T
T
T
-
B
Real Estate Offices
Special Event
T
T
T
T
T
_q
T
T
T
T
T
T
8
Notes:
' See Art. 1.14, Airports. This overlay district affects the height of structures within a close proximity to the airport.
2See Planned Development section for use and standards.
3 All Sexually Oriented Businesses are required to comply with Art. 4.08, Sexually Oriented Businesses, of the City's Code of Ordinances.
4 All alcohol sales including on-site and off-site are required to comply with Art. 4.03, Alcoholic Beverages, of the City's Code of
Ordinances.
u
M
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Sec. 14.03.005, New and Unspecified Uses
a. Authorization of Proposed Use.
1. Administrator Discretion. If a proposed use is not specified in either Table 14.03.003, Residential
Uses by Zoning District, or Table 14.03.004, Nonresidential Uses by Zoning District, the
Administrator shall make a determination as to whether the use is either a subcategory or
functionally similar to a specifically identified use.
2. Referral to Planning and Zoning Commission. Should the administrator feel that it is necessary,
he or she may refer the determination of whether a use is a subcategory or functionally similar
to a specified use to the Planning and Zoning Commission.
b. If Not Authorized Then Prohibited. If the Administrator determines that a proposed use is not a
subcategory of, or functionally similar to a listed use in either Table 14.03.003, Residential Uses by
Zoning District, or Table 14.03.007, Nonresidential Uses by Zoning District then the use is a prohibited
use.
c. Decision Criteria. The following decision criteria shall be evaluated by the Administrator, or at the
Administrator's discretion, the Planning and Zoning Commission, to decide whether a proposed use is a
subcategory of, or is functionally comparable to, a use specifically identified in either Table 14.03.003,
Residential Uses by Zoning District, or Table 14.03.004, Nonresidential Uses by Zoning District:
1. Parking demand;
2. Average daily and peak hour trip generation (cars and trucks);
3. Impervious surface;
4. Regulated air or water emissions;
5. Noise;
6. Lighting;
7. Dust;
8. Odors;
9. Solid waste generation;
10. Potentially hazardous conditions, such as projectiles leaving the site;
11. Use and storage of hazardous materials;
12. Character of buildings and structures;
13. Nature and impacts of operation; and
14. Hours of operation.
d. Industrialized Housing. In accordance with Chapter 1202 of the Texas Local Government Code (TLGC)
Industrialized (Modular) Housing and Buildings are permitted within each land use type provided that
all building materials are in strict compliance with Art. 3.03, Buildings, of the City's Code of Ordinances.
11) PLA. INVIEW,TX
explore the oppoHandies
Article 14.04 — Limited, Special, and Temporary Use Standards
Sec. 14.04.001, Purpose and Applicability
a. Purpose. The purpose of this Article is to promote compatibility among land uses in the City by
establishing specific standards for the establishment of limited, special, and temporary uses which are
indicated in the use tables in Art. 14.03, Land Uses.
b. Applicability.
1. Generally. Uses shown as Limited (L), Special (S), or Temporary (T) can be approved only if they
meet the standards of this Article and other applicable standards and requirements of this
Ordinance.
2. Timing of Compliance. The standards of this Article apply at the time a limited, special, or
temporary use is requested to be established in an existing or new structure, or when an
existing limited or special use is proposed to be expanded by more than 10 percent of the
existing square footage currently devoted to the use. This section applies to an expansion of use
whether it is to or within an existing building, in an outdoor area devoted to the use, or a
combination of thereof.
3. Uses Not Listed. If there are limited and special uses specified in Art. 14.03, Land Uses, that are
not included in this section, all applicable standards of this Chapter and all conditions of
approval that may be determined by the Planning and Zoning Commission and the City Council
shall apply.
4. Procedures.
a. For limited uses and temporary uses, the Administrator shall use the criteria set out in
Sec. 14.04.002, Limited Use Standards, and Sec. 14.04.004, Temporary Use Standards, to
determine whether to approve a land use requested by the applicant.
b. For special uses, the procedures set out in Sec. 14.13.003, Special Use Permit, shall apply.
5. OtherApplicable Standards. The standards of this Section are applied in addition to the other
applicable standards of this Code, specifically including: Art. 14.05, Lot, Density, and Design
Standards; Art. 14.06, Parking and Loading; Art. 14.07, Landscaping and Buffering; and
Art. 14.08, Signs;
Sec. 14.04.002, Limited Use Standards
a. Generally. The standards of this Section apply to all temporary uses set out in Sec. 14.03.003,
Residential Uses and Commercial Uses of the Home and Sec. 14.03.004, Nonresidential Uses.
b. Residential Uses and Commercial Uses of the Home. The limited use standards below correspond to
the uses identified as limited per Table 14.03.003, Residential Uses by Zoning District. Unless otherwise
specifically stated an applicant must meet all of the limited use standards within each land use category
in order to receive approval by the Administrator.
1. Accessory Building. Shall not be built until the foundation of the primary building has been laid
and framing of the primary building is substantially complete.
2. Apartment.
a. Courtyards.
1. Where an apartment building is erected so as to create a courtyard, the faces of
all opposite walls shall be a minimum distance of 30 feet apart.
2. No balcony or canopy shall extend into a courtyard area for a distance greater
than five feet.
b. Height Regulations. Apartment buildings built within:
1. 60 feet of an SR zoning district may not be more than two stories in height.
PLA- INVIEW,TX
eylo►e the oppo►lumbe%
2. 100 feet of an SR zoning district may not be more than three stories in height.
b. Required Bufferyard. Apartments shall be separated from nonresidential uses by a Type
B Bufferyard (See Table 14.07.004.A, Bufferyard Classifications).
3. Attached Accessory Dwelling Unit. Shall be no larger than 25 percent of the size of the principal
dwelling.
4. Bed and Breakfast. Occupancy of the unit shall not exceed eight guests at any given time.
5. Child -Care, Registered Family Home.
a. Provides care for not more than:
1. 12 children at any given time (includes children related to caretaker); and
2. Six children under the age of under of 14 (excluding children related to the
caretaker);
b. The operator for the use meets all the certification, licensing, and/or monitoring
requirements of the State of Texas;
c. The operator meets all of the applicable home occupation requirements;
d. Signage will be limited to a single non -illuminated placard or nameplate with a
maximum size of two square feet that must be affixed securely and flat; and
e. The home is a minimum of 600 feet from another child-care registered home.
6. Detached Accessory Dwelling Unit. Shall be no larger than 25 percent of the size of the principal
dwelling.
7. Dormitory. Apartment.
a. Courtyards.
1. Where an apartment building is erected so as to create a courtyard, the faces of
all opposite walls shall be a minimum distance of 30 feet apart.
2. No balcony or canopy shall extend into a courtyard area for a distance greater
than five feet.
b. Height Regulations. Apartment buildings built within:
1. 60 feet of an SR zoning district may not be more than two stories in height.
2. 100 feet of an SR zoning district may not be more than three stories in height.
c. Required Bufferyard. Apartments shall be separated from nonresidential uses by a
Type B Bufferyard (See Table 14.07.004.A, Bufferyard Classifications).
8. Downtown Loft.
a. The first floor of the unit shall be used solely for commercial purposes;
b. The second floor and any additional floors shall be used solely for residential
purposes; and
c. Required parking for the dwelling units shall be provided via an alley, parking
structure, or parking court.
9. Home Occupation.
a. No person other than members of a family who reside in the single-family residential
dwelling shall be engaged in a home occupation.
b. The use shall remain subordinate to the principal use of the single-family residential
dwelling as a family residence and the area utilized for home occupation shall never
exceed 25% of the total of the floor area or 400 square feet (whichever is less) shall be
devoted to the home occupation.
1. This measurement excludes the floor area of an attached or detached garage
and/or accessory dwelling unit.
2. This measurement includes any accessory buildings or structures used as part of
the home occupation.
c. To prevent increased traffic congestion in residential areas, no advertising of the
home occupation is to be conducted by means of any commercial communication
133
1 PLA- INVIEW,TX
e\ploie the oppo►lunilies
media, or by the use of any other device such as a sign or other visible indication
thereof displayed inside or outside the single-family residential dwelling.
d. The residential dwelling shall maintain its residential character and shall not be
altered or remodeled in order to create any type of exterior commercial appeal.
e. No exterior storage of material, equipment and/or supplies used in conjunction with
the home occupation shall be placed, permitted or allowed on the premises occupied
by the single-family residential dwelling.
f. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare beyond
the property lines.
g. The home occupation shall be wholly within the residential dwelling and no accessory
building shall be used.
h. No stock, goods, wares or merchandise shall be sold to on-site customers on the
premise.
L Unless otherwise required by law, no entrance is specifically dedicated for the home
occupation.
j. Prohibited Home Occupations:
1. Private schools for children in first grade or above;
2. Child-care facilities that exceed the required number of enrolled children to be
eligible for approval as a Child -Care, Registered Family Home.
10. Manufactured Home Park. The use must be compliant with the U.S. Housing and Urban
Development (HUD) Code and built on a permanent foundation. Mobile homes are prohibited
within Manufactured Home Parks.
11. Retirement Housing.
a. If the capacity of the use is more than 15 residents, primary access to the site shall be
from collector or arterial streets;
b. The operator for the use meets all certification, licensing, and/or monitoring
requirements of the state; and
c. The use is separated from single-family detached dwelling units by a Type B
Bufferyard per Sec. 14.07.004, Bufferyards.
c. Nonresidential Uses. The limited use standards below correspond to the uses identified as limited per
Table 14.03.004, Nonresidential Uses by Zoning District.
1. Alcohol Sales (Off -Site Consumption). All requirements of Art. 4.03, Alcoholic Beverages, of the
City's Code of Ordinances have been met.
2. Alcohol Sales (On -Site Consumption). All requirements of Art. 4.03, Alcoholic Beverages, of the
City's Code of Ordinances have been met.
3. Animal Husbandry.
a. If the capacity of the use is more than 15 residents, primary access to the site shall be
from collector or arterial streets;
b. All activities will take place entirely within an enclosed building; and
c. The use is not allowed on property that is located within 300 feet of any residential
district or use, as measured along a straight line from the closest lot lines.
4. Automobile and Vehicle Wash. Car washes shall be set back a minimum of 50 feet from any front,
side or back yard adjacent to a residential district.
S. Automobile Structured Parking. (Primary Use). A minimum of one car length shall be provided
between an exit control gate and the inside edge of a sidewalk to minimize conflicts between
exiting cars and pedestrians.
6. Automobile/ Vehicle Parts and/or Accessories. No inoperable vehicles or materials are stored
on-site, unless within an enclosed building, or otherwise totally screened from view.
Z Automobile/ Vehicle Sales and Rental.
a. All outdoor display areas for rental or sales of vehicles shall:
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1. Be located on an improved hard surface;
2. Be located in areas that are outside of the minimum required parking spaces for
the use;
3. Be located outside of the right-of-way; and
4. Include no more than one elevated display which raises the vehicle no more
than three feet off the ground.
b. No inoperable vehicles or materials are stored on-site, unless within an enclosed
building, or otherwise totally screened from view.
8. Automobile/ Vehicle Repair and Auto Body. No inoperable vehicles or materials are stored on-
site, unless within an enclosed building, or otherwise totally screened from view.
9. Automobile/ Vehicle Service. No inoperable vehicles or materials are stored on-site, unless
within an enclosed building, or otherwise totally screened from view.
10. Building Materials and Hardware. Outdoor display areas:
a. Shall not be larger than 30 percent of the footprint of the principal building;
b. Must be enclosed by a structure that screens the merchandise; and
c. Shall not be located on a location that is also counted to meet the minimum parking
requirements.
11. Child -Care, Day Care Center.
a. No portion of a day care center site may be located within 300 feet of gasoline pumps
or underground gasoline storage tanks, or any other storage area for explosive or
highly combustible materials.
b. The facility shall have at least one building entrance dedicated solely for its use.
c. All outdoor activities shall be located a minimum of 100 feet from any residentially
zoned property or separated by a Type B Bufferyard (See Table 14.07.004.A,
Bufferyard Classifications)
12. Commercial Amusement, Indoor.
a. The minimum area of the parcel proposed for development is one acre.
b. If the use is located within 400 feet from a residentially zoned property then the use
shall be prohibited from operating between 10:00 PM and 8:00 PM.
13. Commercial Amusement, Outdoor.
a. The minimum area of the parcel proposed for development is one acre.
b. Amphitheater stages and drive-in screens shall face away from the nearest residential
uses.
c. If the use is located within 400 feet from a residentially zoned property then the use
shall be prohibited from operating between 10:00 PM and 8:00 PM.
14. Contractor's Shop and/or Service Yard.
a. The use shall be enclosed by a Type A bufferyard (See Table 14.07.004.A, Bufferyard
Classifications) that includes a fence to provide security;
b. Liquids, gels, and pastes (e.g. paints, sealers, etc.) shall be stored only in enclosed
buildings; and
c. The disposal or storage of inoperable machines or wastes is prohibited.
15. Dance Hall /Nightclub.
a. No entrance faces a residential district or use unless it is at least 100 feet from a
property line.
b. Lighting is shielded so as to prevent the direct glare of beams onto any adjacent
residential district or use.
16. Drive-in or Drive -Through Facility.
a. The facility shall not be located within the front yard.
b. Ordering stations facing abutting residentially zoned or used property shall be
buffered with a Type B bufferyard (See Table 14.07.004.A, Bufferyard Classifications).
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c. A stacking space shall be an area on a site measuring eight feet by 20 feet with direct
forward access to a service window or station of a drive-through facility which does
not constitute space for any other circulation driveway, parking space, or
maneuvering area.
d. Each service window or station, human or mechanical, shall be provided with a
minimum of five stacking spaces.
17. Educational Services.
a. For All Zoning Districts Labeled as Limited Use. Outdoor instruction for truck and
automobile driving is prohibited.
b. For All Rural and Residential Districts (RA, SR, MR, MF, MH). Instruction is limited to
facilities for minors; not adults (i.e. nursery through high school).
18. Farming, Landscaping, and Horticultural Sales & Services. All sales must be products created
and/or produced on-site. Off-site shipments of products are expressly prohibited.
19. Garden Center (Accessory Use). Outdoor display areas:
a. Shall not be larger than 30 percent of the footprint of the principal building;
b. Must be enclosed by a structure that screens the merchandise; and
c. Shall not be located on a location that is also counted to meet the minimum parking
requirements.
20. Gasoline Station.
a. Lighting is shielded so as to prevent the direct glare of beams onto any abutting
residential district or use;
b. The use is separated from all residential districts and uses by a Type B Bufferyard
(See Table 14.07.004.A, Bufferyard Classifications); and
c. A truck routing plan shows that the ingress and egress to the site does not use a minor
residential street.
21. Greenhouse/ Nursery.
a. Outdoor display areas are enclosed with a fence or wall that is in compliance with Sec.
14.05.006, Standards forAccessory Buildings and Structures.
b. Bags of mulch, sand, pebbles, rock, or other non -vegetative ground covers will not be
stacked to a height in excess of six feet.
c. Bulk sales of mulch, sand, pebbles, rock, or other non -vegetative ground covers will
not be stored or sold on-site.
d. The display of goods, materials, and merchandise will not be located in a parking lot
or reduce the minimum required parking or loading for the use.
22. Grocery (Food Sales). The use may not be housed in a building that is larger than 15,000 square
feet.
23. Helipad (Hospital/ Public Safety).
a. No helipad shall be located within 1,000 feet of any church, school, library, public
park, residential zoning district, or any lot, tract or parcel upon which a residence or
dwelling is located.
b. Notwithstanding the foregoing, the City Council may approve a proposed helipad
situated less than 1,000 feet from the above delineated property if the Council first
finds as a matter of fact that all of the following criteria have been met:
1. Structures or natural terrain features between the proposed helipad and any
such property within the 1,000 foot requirement lessens the noise impact of
the use to a level lower than that which would be experienced if the helipad
were located 1,000 feet from all such property with no structures or terrain
intervening;
2. The Federal Aviation Administration (FAA) has approved approach and
departure paths for the proposed helipad which requires all departures to be
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made at an angle of more than 90 degrees from any boundary of any such
property which is less than 1,000 feet from the proposed helipad; and
3. That no substantial adverse impact exists on residences or businesses within
the 1,000 foot requirement.
24. Home Furnishing Store. Outdoor merchandise display areas are prohibited.
25. Industrial and Manufacturing Product Sales and Supply.
a. All activities shall take place entirely within an enclosed building.
b. Loading bays shall be located behind the principal building unless it is demonstrated
that:
1. Front -facing bays would have less impact on the function of the surrounding
land uses; and
2. The front property line is buffered with a Type A Bufferyard (See Table
14.07.004.A, Bufferyard Classifications).
26. Kennel. Outdoor animal living facilities and cages are prohibited.
27. Manufacturing, Heavy.
a. All activities shall take place entirely within an enclosed building.
b. The use shall be separated from the following uses by at least 500 feet:
1. Any residential zoning district or use;
2. Places of public assembly, indoor;
3. Child-care, registered family homes;
4. Child-care, day care center;
5. Hospital / rehabilitative care;
6. Library, museum, or gallery; and
7. Medical and diagnostic laboratories.
28. Manufacturing, Light. All activities shall take place entirely within an enclosed building.
29. Manufactured Home Sales. All outdoor display areas for sales of manufactured homes shall:
a. Be located on an improved hard surface;
b. Be located in areas that are outside of the minimum required parking spaces for the
use;
c. Be located outside of the right-of-way; and
d. Include no more than one elevated display which raises the manufactured home no
more than three feet off the ground.
30. Motel / Hotel.
a. Entrance to all guest rooms must be from the interior of the building.
b. Any surface parking shall be located behind the building.
c. Any parking structure shall be located behind the building or below the use.
d. The facility shall have a minimum of 1,200 square feet of meeting space.
31. Office, General. The use may not be housed in a building that is larger than 5,000 square feet.
32. Personal Services. The use may not be housed in a building that is larger than 15,000 square
feet.
33. Place of Public Assembly, Indoor.
a. For new uses:
1. The use has a minimum site area that is three times the minimum lot size of the
respective district.
2. The parcel proposed for development is located along an arterial or collector
street.
3. Parking shall be provided on-site without requiring parking on contiguous or
noncontiguous parcels.
b. For the expansion of existing uses:
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1. The expansion will allow the use to take access from an arterial or collector
street.
2. The owner of the property also owned the abutting lot onto which the expansion
is proposed.
c. For the conversion of existing structures: New construction is prohibited however the
conversion of existing buildings which have existing parking facilities present is
permitted.
34. Recreational Vehicle Parks and Campgrounds.
a. The use shall occur on a site of at least five acres;
b. Exposed ground surfaces in all parts of every park shall be paved, covered with solid
material, or protected with a vegetative growth that is capable of preventing soil
erosion and eliminating dust;
c. The park owner shall be responsible for the maintenance of the ground cover or other
vegetation when used; and
d. With the exception of points of ingress and egress, the use shall be surrounded by a
Type C Bufferyard (See Table 14.07.004.A, Bufferyard Classifications).
35. Repair Service. All activities will take place entirely within an enclosed building.
36. Resource Extraction.
a. The use shall not be found to be within a cone of influence around a wellhead;
b. The use shall be separated from the following uses by at least 1,000 feet:
1. Any residential zoning district or use;
2. Places of public assembly, indoor;
3. Child-care, registered family homes;
4. Child-care, day care center;
5. Hospital / rehabilitative care;
6. Library, museum, or gallery; and
7. Medical and diagnostic laboratories.
c. With the exception of points of ingress and egress, the use shall be surrounded by a
Type C Bufferyard (See Table 14.07.004.A, Bufferyard Classifications); and
d. The use shall be shown to not cause a substantial risk of polluting ground or surface
waters due to residual or waste materials from extraction.
37. Restaurant. The use may not be housed in a building that is larger than 15,000 square feet.
38. Retail Sales. The use may not be housed in a building that is larger than 15,000 square feet.
39. Solar Collectors (small accessory structures). The use must only capture energy for the buildings
on the same lot that it is located on. Commercial production of energy is expressly prohibited.
40. Studio or Shop (Arts, Crafts, or Recordings). The use may not be housed in a building that is
larger than 5,000 square feet.
41. Veterinary Clinic and/or Service, Small Animal.
a. No boarding facility or dog runs shall be located within 100 feet from any lot line or
within 300 feet of any type of, educational service or child-care facility (day care or
registered family home).
b. Outdoor dog runs and animal exercise areas will be screened by a Type C Bufferyard
(See Table 14.07.004.A, Bufferyard Classifications) around the facilities or at the
property lines so as to prevent distracting or exciting the animals.
c. With the exception of Subsection (b) above, the use is conducted within a fully
enclosed building which is designed with noise resistant materials. Plans and
specifications for noise reduction materials shall be approved by the City through the
site plan approval process.
42. Veterinary Clinic, Large Animal.
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a. No boarding facility shall be located within 100 feet from any lot line or within 300
feet of any type of educational service or child-care facility (day care or registered
family home).
b. The use is conducted within a fully enclosed building, which is designed with noise
resistant materials. Plans and specifications for noise reduction materials shall be
approved by the City through the site plan approval process.
43. Warehousing and Storage.
a. The use is not allowed on property that is located within 300 feet of any residential
district or use.
b. The use shall have access to an expressway, arterial or collector street. (See Chapter
10, Subdivision Regulations: Appendix A: Thoroughfare Map.
c. Loading bays shall be located behind the principal building unless it is demonstrated
that:
1. Front -facing bays would have less impact on the function of the surrounding
land uses; and
2. The front property line is buffered with a Type A Bufferyard (See Table
14.07.004.A, Bufferyard Classifications).
d. A truck routing plan shows that the ingress and egress to the site does not use a minor
residential street.
e. All activities will take place entirely within an enclosed building.
f. The use does not involve hazardous materials or wastes.
44. Water Storage. All newly installed water storage facilities must be municipally owned.
45. Wireless Telecommunications Tower.
a. No new Tower shall be built, constructed, or erected in the City unless the Tower is
capable of supporting another Person's operating Telecommunications Facilities
comparable in weight, size, and surface area to the Telecommunications Facilities
installed by the Applicant on the Tower within six months of the completion of the
Tower construction.
b. All Towers up to 100 feet in height shall be set back on all sides a distance equal to the
underlying setback requirement in the applicable zoning district. Towers in excess of
100 feet in height shall be set back one additional foot per each foot of Tower height in
excess of 100 feet.
c. Towers shall be separated from all residential structures and residentially zoned
lands by a minimum of 200 feet or 200 percent of the height of the proposed Tower,
whichever is greater.
d. All Towers must be designed and certified by an Engineer to be structurally sound
and, at minimum, in conformance with the current adopted edition of the
International Building Code (IBC), and any other standards outlined in this Ordinance.
All Towers in operation shall be fixed to land.
e. Towers not requiring FAA painting or marking shall have an exterior finish which
enhances compatibility with adjacent land uses, as approved by the Administrator.
f. All landscaping on a parcel of land containing Towers, Antenna Support Structures, or
Telecommunications Facilities shall be in accordance with the applicable landscaping
requirements in the zoning district where the Tower, Antenna Support Structure, or
Telecommunications Facilities are located. The City may require landscaping in excess
of the requirements in the City Code in order to enhance compatibility with adjacent
land uses. Landscaping shall be installed on the outside of any fencing.
g. To secure the obligation set forth in this Section the Applicant (and/or owner) shall
post a bond in an amount which shall be determined by the City Council based on the
anticipated cost of removal of the Tower.
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h. All commercial signs, flags, lights and attachments other than those required for
communication operations, structural stability, or as required for flight visibility by
the Federal Aviation Administration (FAA) and Federal Communications Commission
(FCC) shall be prohibited.
Sec. 14.04.003, Special Use Standards
a. Generally. The standards of this Section apply to all special uses set out in Sec. 14.03.004,
Nonresidential Uses.
b. Permit Required. A Special Use Permit is required for:
1. All land uses identified as a Special Use (S) in either Table 14.03.003, Residential Uses by Zoning
District, and Table 14.03.004, Nonresidential Uses by Zoning District; or
2. A land use that is being proposed to be transferred from a legally nonconforming use to be
legally conforming per Sec. 14.09.007, Mitigation of Nonconforming Uses.
c. Standards. In review of Special Use Permit applications pursuant to either Table 14.03.003, Residential
Uses by Zoning District or Table 14.03.004, Nonresidential Uses by Zoning District, the Administrator, the
Planning and Zoning Commission, and the City Council shall utilize the following standards:
1. The proposed special use will operate or be designed in a manner that does not diminish the
use or functionality of surrounding properties;
2. Provisions for hours of operation, parking and loading areas, driveways, lighting, signs,
landscaping, buffering, and other site improvements have been provided;
3. Adequate public services (such as: streets, off-street parking, pedestrian facilities, water, sewer,
gas, electricity, police and fire protection) must be available without the reduction of services to
any existing uses;
4. The proposed use will incorporate design features to sufficiently protect adjacent uses
including but not limited to: service areas, pedestrian and vehicular circulation, safety
provisions, access ways to and from the site, buffering, fencing and site building placement; and
5. The proposed use is compatible with adjacent existing uses. Compatibility shall be expressed in
terms of appearance, architectural scale and features, site design and scope, landscaping, as
well as the control of adverse environmental impacts, including noise and lighting, or other
undesirable conditions.
d. Additional Standards for Sexually Oriented Businesses. In addition to complying with all provisions
within this section, all land uses that qualify as a sexually oriented business must fully comply with Art.
4.08, Sexually Oriented Businesses, of the City's Code of Ordinances.
e. Conditional Approval. The City Council may require additional conditions above the standards listed
in subsection (c) to reasonably mitigate any adverse impacts upon surrounding properties in the
zoning district of the property for which the special use is requested.
Sec. 14.04.004, Temporary Use Standards
a. Permit Required. A temporary use permit is required per Sec. 14.12.007 for the approval of a
temporary use.
b. Standards. The standards set out in Table 14.04.004, Temporary Use Standards apply to all temporary
uses set out in Sec. 14.03.004, Nonresidential Uses.
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Asphalt /
Concrete
Batching Plant
(Temporary)
Construction
Buildings
(Temporary)
Construction
Dumpsters
(Temporary)
Construction
Yard
(Temporary)
Not less than 500 feet
from any residential
property.
On lot or parcel
proposed for
development set back at
least 10 feet from all lot
lines.
8:00 AM to 8:00 PM
On lot or parcel
Established by approval to
if within 1,000 feet
The facility shall be used only
coincide with the use of the
of residential
for a project within the City
facility for a specified
property; or 6:00
limits.
construction project. Shall be
AM to 10:00 PM in
accommodate the
removed immediately upon
all other locations.
Events
project completion.
On-site real estate offices
May be used by construction
Shall be removed prior to the
Not limited,
superintendent, construction
issuance of a certificate of
however, the
'workers, contractors, and
occupancy for the last
building may not be
other personnel on a
building as detailed on the
used as a residence.
construction team or as a
site plan.
security office.
On lot or parcel using
dumpster, set back at
least 10 feet from the lot
line, and placed on an
w mproved hard surface.
jln nonresidential and
imixed-use districts, Not limited
dumpsters shall be
located behind buildings
(where possible) and
shall not obstruct
required parking lot
requirements.
Only on a property zoned 7:00 AM to
Light Industrial (LI) or 10:00 PM
Heavy Industrial (HI)
Model Homes
On lot or parcel
and On -Site
1proposed for Not limited
(Real Estate
development.
Offices
dumpster by wind or wildlife.
for another purpose, 10 days.
The size of the site shall
I
be large enough to
Established to coincide with
accommodate the
Public Special
expected attendance in a 7:00 AM to
Events
manner that is safe for 10:00 PM
On-site real estate offices
the site, neighborhood,
shall be removed upon
Istreet, or other
within model homes shall
infrastructure
I
T
Refuse shall be contained
'If used for construction or
within the dumpster, and shall renovation, may remain in
be secured to prevent it from
place for one week after
being removed from the
project completion. if used
dumpster by wind or wildlife.
for another purpose, 10 days.
I
The facility shall be used only
Established to coincide with
for a construction site within
the use of the facility for a
the City limits.
Specified construction project
Sales limited to units located
On-site real estate offices
on the lot or parcel proposed
shall be removed upon
for development; sales offices Icompletion of model home or
within model homes shall
suitable permanent floor area
meet applicable building code on-site; shall be removed by
issuance of last certificate of
criteria.
occupancy for development.
A review of electric and Shall not be held on a lot or
lighting facilities for electrical parcel more than four times
;code compliance and
per calendar year, and shall
compliance with the
be limited to no more than
;standards for lighting prior to
five consecutive days, not
issuing a temporary use
lincluding set-up and tear -
!down.
permit for the special event.
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Article 14.05 — Lot, Density, Design and Historic Standards
Sec. 14.05.001, Purpose
The purpose of this Article is to establish the standards for the character, scale, density, and historic
properties that are allowed within each zoning district as set out in Sec. 14.02.002, Zoning Districts
Established.
Sec. 14.05.002, Standards for Rural and Residential Development
a. Generally. The minimum lot area, minimum area dwelling unit; minimum lot width; maximum ground
coverage; maximum building height; and minimum setbacks for each residential district are as set out
in Table 14.05.002, Rural and Residential Development Standards.
b. Application. These standards apply to all primary buildings and structures located within the RA, SR,
MR, MF, and MH zoning districts.
c. Interpretation of Table. The table columns shall be interpreted as follows:
1. Minimum Area per Dwelling Unit (DU) sets out the minimum lot size per dwelling unit. For
example, if a developer desires to build a duplex in a MR District, the minimum area per
dwelling unit is 3,500 sq. ft. meaning that 7,000 sq. ft. is needed to build this building.
2. Maximum Ground Coverage sets out the maximum amount of land area that may be built upon
per lot. This is calculated as a total of the primary structure and any accessory buildings or
structures proposed for a lot.
Table 00
Rural and Residential Development
StandardsLot and Building ..
CoverageZoning Minimum Lot Minimum Min . m Maximum Maximum Interior Street
Dist r ict Imu Ground Building Front Rear
Area Area per DU Lot Width
RA 1 acre 1 acre 100 ft. 10% 45 ft. 50 ft. 50 ft. 50 ft. 50 ft.
SR 6,000 sq. ft. 6,000 sq. ft. 50 ft. 55% 35 ft. 25 ft. 10 ft. 15 ft. 25 ft.
MR 6,000 sq. ft. 3,500 sq. ft. 50 ft. 60% 35 ft. 25 ft. 10 ft. 15 ft. 25 ft.
MF 10,00.0 sq. ft. 1,500 sq. ft. 100 ft. 65% 45 ft. 50 ft. 50 ft. 50 ft. 50 ft.
MH" 10 acres 4,500 sq. ft. 45 ft. 50% 35 ft. 30 ft. 1 30 ft. 1 30 ft. 1 30 ft.
Notes:
1 Should an applicant not meet the setback requirements of this table. It is possible that an alternative standard could be
met. See Sec. 14.05.004(b), Alternative Setback Compliance: Setback Averaging.
Z Some accessory buildings and structures are exempt from the setback requirements of this table. See Sec. 14.05.006,
Standards for Accessory Buildings and Structures.
3 Maximum building height exceptions are found in Sec. 14.05.005, Height and Area Exceptions.
"Additional requirements for Manufactured Housing are found in subsection (d).
d. Additional Manufacturing Housing (MH) District Standards.
1. No manufactured home unit shall be located less than a minimum of 20 feet between a
neighboring unit.
2. The minimum floor area per dwelling unit shall be 480 square feet.
3. Whenever street names are to be given to public streets or private drives in manufactured home
development, such street names shall be approved with approval of a site development plan.
4. A minimum of two parking spaces shall be provided for each dwelling unit.
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143
e. Permitted Encroachments.
1. Eaves may extend no more than two feet into a required yard, except that eaves may encroach up
to three feet into a required yard when such yard is 10 feet or more in width or depth.
2. Solar energy collectors and heat storage units may extend two feet into any side or rear yard.
3. Air-conditioning condensers may extend four feet into any side or rear yard.
4. Open, uncovered porches or terraces that are no higher than the floor level of the first floor above
grade on the side of the building to which they are attached, may extend no closer than five feet to
the rear property line, or three feet to a side property line, provided there is compliance with all
building, fire, and life safety code requirements.
Sec. 14.05.003, Standards for Nonresidential and Mixed Use Development
a. Generally. The minimum lot area; minimum street frontage; minimum landscape ratio; maximum
building height; maximum building stories; and minimum setbacks for each nonresidential and mixed
use district are as set out in Table 14.05.003, Nonresidential and Mixed Use Development Standards.
b. Application. These standards apply to all primary buildings and structures located within the CU, MU,
DT, NC, GC, Ll, and HI zoning districts.
c. Interpretation of Table. The table columns shall be interpreted as follows:
1. Minimum Street Frontage sets out the minimum lot width as measured from the street that a
building faces onto.
2. Maximum Ground Coverage sets out the maximum amount of land area that may be built upon
per lot. This is calculated as a total of the primary structure and any accessory buildings and
structures proposed for a lot.
29
Table
14.05.003
Nonresidential
and
Mixed Use Development
Standards
Lot and Building
Standards
Minimum
Setbacks',
2
Residential
Zoning
District
Minimum
Minimum
Street
Maximum
Ground
Maximum
Building
Front
Interior
Street
Rear
District
Lot Area
Frontage
Coverage
Heigh t3
Side
Side
Boundary
6,000
10,000
10,000
29
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Notes:
' Additional setback requirements are found in Sec. 14.05.004(b), Alternative Setback Compliance: Setback Averaging.
2 Some accessory buildings and structures are exempt from the minimum setback requirements as shown here.
Regulations for these setbacks may be found at Sec. 14.05.006, Standards for Accessory Buildings and Structures.
3 Maximum building height exceptions are found in Sec. 14.05.005, Height and Area Exceptions.
° Maximum Building Size in the Neighborhood Commercial (NC) District. All buildings and structures in the NC District
shall be either:
a. The size of the existing building footprint on a specific lot; or
b. A maximum of 15,000 square feet.
Sec. 14.05.004, Special Setback and Lot Standards
a. Two or More Zoning Districts on a Single Lot. Where the frontage on one side of a street between
two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the
requirements, including the setback requirements, of the most restrictive district for the entire
frontage.
b. Alternative Setback Compliance: Setback Averaging. If the primary buildings along the frontage of
any street segment located between two intersecting streets in any residential zoning district has an
average setback which is lesser in dimension than the minimum front setback established for the
zoning district in which the street frontage is located then an average setback of all buildings fronting
upon such street may be used as the front setback requirement.
Sec. 14.05.005, Height and Area Exceptions
a. Maximum Height Exceptions for Primary Structures. Utility poles and towers, publicly -owned
sports lighting, and publicly -owned water storage tanks are exempt from height restrictions.
b. Maximum Height Exceptions for Attachments.
1. 65 Feet Requirement" The attachments listed below may exceed the prescribed height limits up
to a maximum height of 65 feet provided that will be functionally used for the proposed
principal building.
a. Steeple, bell tower, chimney, or other decorative architectural elements;
b. Flagpole or monument; or
c. Any accessory structure necessary for business operations and zoned within the Heavy
Industrial (HI) District.
2. 35 Feet Requirement Solar arrays, collectors, condensers, heat storage units, or necessary
mechanical equipment for home functionality may exceed the prescribed height limit up to a
maximum of 35 feet provided that they will be functionally used for the proposed principal
building.
c. Projections into Yard. Open and unenclosed building projections such as outside stairways and fire
escapes, balconies, terraces or porches, awnings, eave and roof extensions, and ornamental features
may project into the required yards for a distance not to exceed three feet. In no case shall such
projections be located closer than three feet from any lot line.
Sec. 14.05.006, Standards for Accessory Buildings and Structures
a. Accessory Buildings. Accessory buildings detached from, or attached to the main building by an
enclosed or unenclosed structure, may be permitted within the allowable building area of any lot
defined by the required front, side and rear building lines under the following conditions:
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1. No accessory buildings shall be permitted in a front yard.
2. Accessory buildings maybe permitted in a rear yard or side yard, provided:
a. The main building or structure is separated from any and all accessory buildings or
structures by a distance of not less than ten feet;
b. The height of the building shall be no greater than 12 feet;
c. The side yard setback is not less than three feet; and
d. The use meets all anchoring requirements of the International Building Code (IBC).
3. No accessory building shall be allowed to aerially encroach in an alleyway.
4. In no case shall the total floor area of all accessory buildings or portions thereof within the
required rear yard exceed 30 percent of the area of the required rear yard.
5. Where an accessory building is adjacent to a side street, the minimum side yard setback from
said street shall be ten feet.
b. Carports.
1. Generally. Carports shall meet all applicable setback requirements as provided in Sec.
14.05.002, Standards for Rural and Residential Development, Sec.14.05.003, Standards for
Accessory Buildings and Structures; and Sec. 14.05.004, Special Setback and Lot Standards unless
a special exception is permitted per the approval requirements of subsection (b)(2) below and
the procedures set forth in Sec. 14.13.007, Special Exception Carport Approval.
2. Special Exception Approval Requirements. Carports, detached or attached to a primary building
shall be permitted as a special exception per Sec. 14.13.007, Special Exception Carport Approval,
provided that:
a. A site development plan is submitted in accordance with Sec. 14.12.006, Site Development
Plans;
b.
c. The structure must be located on the side yard of the property unless it is functionally
impracticable to build in this location;
d. The structure does not exceed the lesser of:
1. 20 feet in length by 20 feet in width; or
2. 20 percent of the required front yard;
e. The structure is open on all sides with the exception of one side that may be attached to a
principal building;
f. The structure shall be no lower than seven feet as measured from the floor or bottom, to
the lowest edge of the carport eave;
g. The structure or any components thereof (roof, eaves, and support members) must
1. Be setback at least three feet from a side property line; and
2. Not block or overhang or intrude into any public easement, including but not
limited to sidewalks.
h. The area beneath the carport must be paved with an impermeable surface such as asphalt
or concrete prior to or contemporaneous to the construction of the carport or structure;
i. The structure is built and designed for the sole purpose of vehicle parking and protection
and not for any other purpose including but not limited to outside storage;
j. The minimum setback of any carport shall be 20 feet from the right-of-way. In no case
shall the carport be located closer than five feet from the property line;
k. The structure must be built in such a manner that water does not drain onto any adjacent
property; and
1. The structure must be consistent in both character and form with the other buildings and
structures that exist on both the same side of the street and the opposite side of the street
between two intersecting streets.
m. All porte-cocheres must be part of the original primary building and meet the existing
setbacks for the lot without exception.
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c. Fence and Wall Regulations.
1. Obstruction Prohibited.
a. No fence, screen, wall, or other visual barrier shall be so located or placed that it obstructs
the vision of a motor vehicle driver approaching within 30 feet of any street intersection.
b. Where an alley intersects with a street, no fence or plant taller than 30 inches may be
placed within a sight visibility triangle defined by measuring fifteen feet to a point along
the property lines and joining said points to form the hypotenuse of the triangle.
2. Wall Finish. All required screening walls shall be equally finished on both sides of the wall.
3. Rural and Residential District Maximums. In any rural or residential district (RA, SR, MR, MF,
MH) or along the common boundary between any residential and nonresidential district where
a wall, fence, or screening separation is erected, the following standards for height, location, and
design shall be observed:
a. Rear Yard and Side Yard. No fence or wall located to the rear or side lot line shall exceed
eight feet in height above the grade of the adjacent property.
b. Front Yard.
1. Generally. The maximum height of a fence or wall shall not exceed three feet.
2. Exception. Fences in the Manufactured Home (MH) District shall not exceed four
feet in height.
c. Corner Lot. Where a corner lot is platted with two front yards, and a house is constructed
facing one of the front yards, the second front yard shall also be deemed to be a front yard.
4. Nonresidential and Multifamily Uses.
a. Contiguous to Residential. Where the side or rear yard of a multifamily use or a
nonresidential use is contiguous to a parcel of property zoned either SR or MR, a solid
screening wall or fence of not less than six nor more than eight feet in height shall be
erected on or near the property line separating these districts.
b. Adjacent to Public Street. When the rear or service side of a nonresidential use is adjacent
to a public street, screening of at least six feet and no more than eight feet in height shall
be erected.
Sec. 14.05.007, Historic Standards for Downtown District
a. Purpose. The purpose of this section is to ensure, insofar, as possible, that any development,
redevelopment, or substantial improvement of property within this district is in harmony with its
architectural and historic character.
b. Applicability.
1. All properties within the Downtown (DT) Zoning District shall comply with the standards
within this section.
2. The regulations of this section are solely limited to the exterior of all buildings within the DT
Zoning District.
c. Certificate of Appropriateness.
1. Exterior Architectural Features. No person or entity shall construct, reconstruct, alter, change,
restore, remove or demolish any exterior architectural feature of a building within the
Downtown (DT) Zoning District, unless application is submitted to the Planning and Zoning
Commission for a Certificate of Appropriateness and such a certificate is granted.
2. 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 requiring a
Certificate of Appropriateness.
3. Procedures. See Sec. 14.13.001, Certificate ofAppropriateness.
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d. Certificate of Demolition or Removal.
1. Application. An application to the Planning and Zoning Commission is required for all properties
within the DT Zoning District to demolish or remove an existing building within the boundaries
of the district.
2. Procedures. See Sec. 14.13.002, Certificate of Demolition or Removal.
e. Rehabilitation of Historic Buildings.
1. Certificate of AppropriatenessApplications. When making a decision concerning applications for
Certificates of Appropriateness within the DT Zoning District for new construction, alteration,
repair, or restoration, the Planning and Zoning Commission shall use:
a. The Secretary of Interior's Standards for Rehabilitation, found within the Code of Federal
Regulations at 36 CFR 67.7 and as displayed in subsection (e)(2) below; and
b. The Specific Design Standards for Exterior Rehabilitation, set out in subsection (e)(3).
2. Standards for Rehabilitation (as codified at 36 CFR 67.7).
a. A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment.
b. The historic character of a property shall be retained and preserved. The removal of
historic materials or alteration of features and spaces that characterize a property shall
be avoided.
c. Each property shall be recognized as a physical record of its time, place, and use. Changes
that create a false sense of historical development, such as adding conjectural features or
architectural elements from other buildings, shall not be undertaken.
d. Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
e. Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a historic property shall be preserved.
f. Deteriorated historic features shall be repaired rather than replaced. Where the severity
of deterioration requires replacement of a distinctive feature, the new feature shall
match the old in design, color, texture, and other visual qualities and, where possible,
materials. Replacement of missing features shall be substantiated by documentary,
physical, or pictorial evidence.
g. Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
h. Significant archeological resources affected by a project shall be protected and
preserved. If such resources must be disturbed, mitigation measures shall be
undertaken.
i. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the
old and shall be compatible with the massing, size, scale, and architectural features to
protect the historic integrity of the property and its environment.
j. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
3. Specific Design Standards for Exterior Rehabilitation. The following standards elaborate on and
set out a means for implementing the Secretary of the Interior's Standards for Rehabilitation.
a. Foundations.
1. The size and shape of original door and window openings in the foundation shall be
maintained.
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2. Any repair or new construction shall match, to the greatest extent practicable, the
original materials in size, color, texture, composition, and joint profile.
3. Masonry or concrete foundations shall not be painted or covered with cement
plaster or stucco.
b. Masonry.
1. Any repair, restoration, or new construction shall match, to the greatest extent
practicable, the color of the original masonry and mortar.
2. Historic masonry shall not be painted.
3. Masonry features that are essential to the historic character of a building and are
structurally sound shall not be removed or significantly changed.
c. Architectural Metals. Architectural metal features that are in a condition that may be
restored shall be retained and preserved, to the greatest extent practicable.
d. Doorways and Windows.
1. The repair or replacement of deteriorated doorways or windows shall match, to
the greatest extent practicable, the size, materials, and appearance of the original
doorways and windows.
2. Original doorway and window openings shall not be removed or sealed off.
e. Storefronts.
1. Non -historic materials (e.g. plaster, stucco, siding, etc.) shall not be used to cover or
conceal the original historic materials.
2. Storefronts shall be designed using a palette of piers, columns, pilaster, and/or trim
to frame display windows.
3. Facades at street level shall have large window openings that comprise no less than
50 percent of the first floor wall area.
4. Doors and entryways shall be designed as an integral part of the storefront system.
f. Signs.
1. The types, sizes, and locations of signs shall conform to the standards set out in Art.
14.08, Signs.
2. Signs shall not obscure any architectural features on historic buildings.
3. There shall be no off-site signage.
g. Awnings. All awnings shall:
1. Extend no more than seven feet from the building facade;
2. Be attached and integral to the principal structure;
3. Not obstruct any window (transom windows may be located under awnings and
canopies);
4. Have columns, beams, and/or brackets of adequate size to give both structural
support and visible means for support;
5. Be constructed of durable, protective, and water repellant materials [e.g., cloth,
fabric, canvas, glass, steel, standing seam metal, architectural metal, and/or
perforated metal (not corrugated)];
6. Not be constructed of vinyl or fiberglass;
7. Not be back lit or internally illuminated;
8. Only be illuminated by:
a. Recessed fixtures incorporating a lens cover that is either recessed or flush
with the bottom surface (ceiling) of the canopy; or
b. Indirect lighting where light is beamed upward and then reflected down
from the underside of the canopy. Indirect lighting fixtures shall be shielded
such that direct illumination is focused exclusively on the underside of the
canopy.
9. Not be longer than a single storefront;
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10. Be compatible with the overall color scheme of the facade from which it projects;
11. Not encroach to within two feet of a curb line; and
12. Have a minimum clearance of eight feet from finished grade to the bottom of the
awning
h. Fire Exits. Fire exits shall not be installed on a front building fagade.
Standards for New Construction and Building Additions.
1. Building Additions. Additions shall:
a. Be subordinate to the historic principal building relative to its size and scale.
b. Only be located on the side or rear elevations.
c. Be wholly compatible with, yet distinguishable from, the historic building in terms of the
building materials, color(s), and the mass and proportion of windows and doors.
2. Massing and Scale.
a. Building Height Buildings shall not exceed 115 percent or be less than 85 percent of the
average height of the buildings on the two nearest developed lots or buildings on either
side of the subject lot or building. A greater variation will require review and an
affirmative recommendation by the Planning and Zoning Commission and approval by
the City Council.
b. Roof Lines. Roof lines of each vertical bay shall be individually distinguishable with
variations of height of no less than two feet. Roofs shall relate to the articulations of the
building facades. For flat roofs with a horizontal eave, fascia, or parapet, the roof line
shall be changed so that no un -modulated segment of roof exceeds 25 feet in horizontal
dimension. The minimum vertical dimension of the roofline modulations shall be the
greater of two feet or 10 percent of the wall height (measured from finish grade to the
top of the wall), whichever is greater.
3. Colors. Colors shall be reviewed for their historic context for which the following may be
considered:
a. Facade colors shall be non -reflective and subtle. The use of primary, high intensity,
fluorescent, or metallic colors is prohibited (other than for the sign face).
b. Metallic (except copper and silver metallic -colored roofs) and colors are prohibited on
any fagade or roof.
c. Any activity that involves changing color or refreshing color shall be pre -approved by the
Planning and Zoning Commission.
4. Materials.
a. Permitted decorative materials include, but are not limited to the following:
1. Brick, including thin brick;
2. Stone, including cast stone, limestone, granite, or other native or naturally
occurring stone;
3. Portland cement stucco; and
4. Architectural (textured) concrete masonry units, including split face, weathered
face, sandblasted face, and ground face blocks.
b. Prohibited materials on front or street -side elevations include: cultured stone, fake brick,
rough textured wood siding, wooden shingles on mansard roofs, gravel aggregate
materials, exterior insulation finishing system (EIFS), plywood sheathing, plastic,
fiberglass, and stucco.
c. Windows on the ground floor shall be comprised of clear, non -reflective glass.
Architecture.
a. Form. The general form of structures in Downtown is to be simple, three-dimensional
forms characteristic of the appearance and scale of early 1900's main streets that orient
to and participate in the activities of the street. (See Figure 14.05.006, Historical Building
Features)
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b. Detailing.
1. Buildings shall contain architectural details that promote design, but are not
limited to the following:
a. Flourishes (building tops);
b. Pier and spandrel;
c. Recessed panels and projected bands or string courses;
d. Recessed windows and projecting planes;
e. Expressive sculptural forms;
f. Ornamentation; and
g. Towers.
2. Large panels or a deep cornice expression at the top of the storefront may serve as
an area for signage and awnings.
c. Corporate Identity. Logo buildings and logo building elements, except signage, are
prohibited in this district.
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Article 14.06 — Parking and Loading
Sec. 14.06.001, Purpose and Applicability
a. Purpose. The purpose of this Article is to ensure that:
1. Adequate off-street parking is provided by this Ordinance.
2. Sufficient parking is provided in nonresidential areas that are near residential neighborhoods, so
that the character and quality of life in the residential neighborhoods are protected from overflow
parking;
3. Adequate loading areas are provided that do not interfere with the function of other vehicular use
areas;
4. Access to sites are managed to maintain the desired function and safety of the adjacent street(s);
and
5. Vehicular use areas and sites are designed and lighted to promote public safety without creating
undue light pollution and off-site glare.
b. Applicability.
1. All new development shall provide the quantity of parking spaces required by Sec. 14.06.005,
Required Off -Street Parking, and comply with all other provisions of this Article.
2. Redevelopment, significant improvements, and expansions of existing development and changes in
the use(s) of existing buildings that require additional parking shall provide parking to the extent
of the new demand created by the improvement, expansion, or change in use(s).
3. Changes in the use(s) of existing buildings that result in fewer required parking spaces shall not be
required to provide additional parking spaces.
4. Timing of Compliance. No change of use permit, building permit, occupational license, or certificate
of occupancy shall be issued unless and until off-street parking and loading is provided in
accordance with this Chapter.
Sec. 14.06.002, Surfacing and Striping
a. Surfacing.
1. Generally. Parking lots shall be paved with an all-weather surface that provides effective drainage
and protection against potholes, erosion, and dust in accordance with the City's Street and Parking
Design Technical Standards.
2. Maintenance. All paved parking locations shall be maintained to ensure that should a pothole or
erosion occur, it will be repaired.
3. Exemption to Paving Requirement. Permitted establishments that meet the definition of Heavy
Machinery Sales and Rentals and are classified as such per Sec. 14.03.004, Nonresidential Uses, are
partially exempt from the required paving requirement of this section under the following
conditions:
a. Pavement is required for all locations where customer parking is required per the parking
requirement of one space per 250 sf. PFA (See Table 14.06.005, Required Off -Street Parking
by Land Use; and
b. Gravel or a pervious payment as described in subsection (a)(4) is used as cover for all
display locations of vehicles or equipment provided that such vehicle and/or equipment
meets the definition of a "covered farm vehicle as defined in Part 390 of the Federal Motor
Carrier Safety Regulations.
4. Pervious Pavement. All development with paved parking shall be encouraged, but not required, to
use pervious pavement or pervious pavement systems. From the standpoint of complying with
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Subsection a.1., above, pervious pavement shall be considered "paved" if it complies with the
following:
a. The pervious pavement or pervious pavement system shall be designed and certified by a
registered engineer or landscape architect to carry a wheel load of 4,000 pounds.
b. In nonresidential and mixed-use developments, pervious pavement or pervious pavement
systems, except pervious asphalt or pervious concrete, shall not be used for access and
circulation drives, driveways, parking aisles, disabled parking spaces, or loading spaces.
c. Pervious pavement or pervious pavement systems that utilize turf grass shall be limited to
overflow parking which is not typically used on a daily or regular basis.
d. The use of pervious pavement or pervious pavement systems shall not count as
landscaping.
e. The use of pervious pavement or pervious pavement systems shall be prohibited in areas on
a lot used for the dispensing of gasoline or other engine fuels or where hazardous liquids
may be absorbed into the soil.
f. The use of pervious pavement or pervious pavement systems shall be adequately
maintained so that the specified level of perviousness continues overtime.
b. Striping.
1. Clearly Identified. Except for single family uses and for the display locations of establishments that
are defined and classified as Heavy Machinery Sales and Rental, parking spaces shall be
permanently and clearly identified by any methods approved as part of the City's Street and Parking
Design Technical Standards.
2. Maintenance. Nonpermanent type marking, such as paint, shall be regularly maintained to ensure
continuous clear identification of the space.
Sec. 14.06.003, Lighting
a. Fixture Type.
1. Light fixtures shall be: (see Figure 14.06.003, Types of Light Fixtures)
a. "Cut-off' fixtures that limit lighting that is visible or measurable at the property line;
b. Of constant intensity;
c. Reflected or shielded so as not to:
1. Be of excessive brightness;
2. Cause glare hazardous to pedestrians or drivers;
3. Create any public or private nuisance; or
4. Unreasonably interfere with an abutting property owner's right to enjoy their
property.
2. "No cut-off' fixtures used only for decorative purposes, provided:
a. They have light fixtures that produce no more than 1,500 lumens (approximately equal to a
100 watt incandescent bulb);
b. They have a maximum height of 15 feet; and
c. They use energy-efficient bulbs, such as compact fluorescent (CF) and light -emitting diode
(LED).
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LUMINAIRE PEAK
CANDLEPONJER
NO CUT-OFF
LIMINAIRE
CUT-OFF FIXTURE
TOTAL `..uT--OFF
r 90 ,peq
k
. �Nol�p°wFR
100% OF
LIGHT OUTPUT
CUT-OFF FIXTURE
LESS THAN 90
153
b. Maximum Freestanding Fixture Height. No freestanding light fixture shall be greater than 25 feet in
height.
c. Prohibited Lighting.
1. General Regulations. No outdoor lighting may be used in any manner that is likely to:
a. Interfere with the safe movement of motor vehicles on public thoroughfares; or
b. Reflect or shine on neighboring properties in such a manner as to be a nuisance.
2. Specific Prohibitions. The following are prohibited:
a. Any fixed light not designed for roadway illumination that produces incident or reflected light
that could impair the operator of a motor vehicle;
b. The installation, use, or maintenance of beacons or searchlights; and
c. Exposed strip lighting or neon tubing used to illuminate building fagades or outline buildings or
windows or flickering or flashing lights installed in a like fashion, except for temporary
decorative seasonal lighting.
Sec. 14.06.004, Parking Lot and Parking Space Dimensions
Parking spaces shall have the following dimensions:
a. Generally. Nine feet in width by 20 feet standard stall depth, which equals 180 total square feet.
b. 90 -degree Parking Spaces that Abut a Curb or the Edge of Pavement (allowing an overhang). Nine
feet in width by 18 feet reduced stall depth provided
1. There is a six foot wide sidewalk; or
2. A minimum eight foot landscape area (see Figure 4.06.004, Parking Space Dimensions).
c. Parallel Parking Spaces. Eight feet width by 20 feet standard stall depth.
d. Space for Entering and Exiting. Parking spaces shall be provided with sufficient space for entering and
exiting without backing onto a public street. Parking spaces on the perimeter of the parking lot and
abutting a property line shall have a wheel stop two feet from the end of the parking space.
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SIDEWALK OR LANDSCAPED AREA
<> OVERHANG
Sec. 14.06.005, Required Off -Street Parking by Land Use
WIDTH
a. Generally. The minimum off-street parking regulations shall be provided for the land uses specified in
Table 14.06.005, Required Off -Street Parking by Land Use.
b. Calculation of Spaces. The number of required parking spaces is calculated according to the formulas
set out in this section. The variables used for parking calculations are as follows:
1. Sum of Specific Uses. In computing the parking requirements for any development the total
parking requirements shall be the sum of the specific parking space requirements, per Table
14.06.005, Required Off -Street Parking, for each use included in the development except as
provided in Sec. 14.06.008, Allowances for Off -Street, Off -Site Parking and Sec. 14.06.009, Shared
Parking.
2. Rounding. If the final calculation of the number of required parking spaces includes a fractional
space, the number of required parking spaces is rounded up to the nearest whole number,
regardless of the fraction.
3. Per Square Foot (sf.) of Parking Floor Area (PFA). The phrase "per sf. of PFA" means that the
number of parking spaces is calculated based on the number of "parking -related" square feet of
floor area per the use. The "PFA" is 85 percent of the gross floor area, plus the area of any parts
of the parcel proposed for development that are delineated and used in a manner that is
comparable in function and intensity to the use of the inside of the building (e.g., outdoor dining
areas).
4. Per Dwelling Unit (DU). The phrase "per DU" means that the number of parking spaces is
calculated based on the number of dwelling units.
S. Per Bedroom (BR). The phrase "per 1311" means the number of parking spaces is calculated based
on the number of bedrooms.
6. Per Bed. The phrase "per bed" means that the number of parking spaces is based on the total
number of beds in any given facility. Per bed calculations are normally applied to uses that offer
residential care or overnight accommodations with shared rooms.
7. Per Employee. The phrase "per employee" means that the number of parking spaces is based on
the number of employees during the shift in which the maximum number of employees is
present.
8. Uses Involving Fleets or Vehicle Inventory. Uses that involve fleets of vehicles (e.g. police stations
fire stations, etc.) and uses that involve vehicle inventories (e.g. passenger vehicle sales or
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rental) shall provide parking for the fleet or inventory. Such parking shall not count toward the
requirements of Table 14.06.005, Required Off -Street Parking by Land Use.
9. New and Unspecified Uses. Where a determination of the minimum parking and/or loading
requirements cannot be readily ascertained for new or unspecified uses or where uncertainty
exists, the minimum off-street parking and/or loading requirements shall be established by the
same process as provided for classifying new and unspecified uses. See Sec. 14.03.005, New and
Unspecified Uses.
41
Table 14.06.005
Off -Street
Required Off- treat Parking Space
2 spaces per dwelling unit (DU)
Required
Residential
Single -Family Detached Residential
Single Family Dwelling
Duplex (2 du)
2 spaces per DU
Townhouse (3 to 10 du)
2 spaces per DU
Industrialized Housing
2 spaces per DU
Multiple -Family Residential'
Required Off -Street Parking Spaces
Apartment (> 3 du)
2 spaces for efficiency unit or 1 bedroom (BR); 3 spaces per du for 2 BR; 4
spaces per du for 3 BR plus
Dormitory
1 space per DU
Manufactured Home Park
2 spaces per DU
Retirement Housing
1 space per 3 beds
Residential Accessory
Required Additional Off -Street Parking Spaces
Attached Accessory Dwelling Unit
1 space per BR
Detached Accessory Dwelling Unit
1 space per BR
Downtown Loft
1 space per BR
Commercial Uses of the Home
Required Off -Street Parking Spaces
Bed and Breakfast
1 space per BR designated for the use
Home Occupations
No additional parking required
Registered Family Home (Child Care)
2 spaces per DU + additional space for drop-off / pick-up
Nonresidential Uses
Agricultural Uses and Support Services
Required Off -Street Parking Spaces
Animal Husbandry
1 space per 5,000 sf. of the use
Community Garden
1 space per 5,000 sf. of the use
Farm, Ranch, or Orchard
1 space per 5,000 sf. of the use
Farming, Landscaping and Horticultural Sales
& Services
1 space per 5,000 sf. of the use
Greenhouse / Nursery
1 space per 5,000 sf. of the use
Automobile and Related Service Uses
Required Off -Street Parking Spaces
Automobile and Vehicle Wash
1 space per 2 bays for self-service vehicle washes (not including the bays);
1 space per unattended automated wash;
spaces per attended, automated wash with detail or hand -finishing
services
Automobile / Vehicle Parts and/or
Accessories
1 space per 300 sf. PFA
Automobile /Vehicle Sales
1 space per 1,000 sf. PFA of showroom + 1 space per 20,000 sf. of
inventory storage
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Table.
Requiredf
Automobile / Vehicle Rental 5 spaces, plus spaces for rental car inventory
Automobile / Vehicle Repair & Auto Body
4 spaces per service bay
Automobile /Vehicle Service
spaces per service bay
Civic, Institutional, and Health Care Uses
Required Off -Street Parking Spaces
Adult Day Care Center
1 space per 300 sf. PFA
Cemetery / Funeral Services
1 space per 200 sf. PFA + 2 spaces per acre
Correctional Institution
1 space per 500 sf. PFA
Child Care, Day Care Center
1 space per employee + 1 space per 5 students + 5 spaces for short-term
loading and unloading
Educational Services
1 space per 65 sq. ft. of classroom space + 1 space per 300 sq. ft. of office
pace
Hospital / Rehabilitative Care
1 space per bed
Library, museum, or gallery
1 space per 300 sf. PFA
Medical and Diagnostic Laboratories
1 space per 300 sf. PFA
Medical Office / Clinic
1 space per 300 sf. PFA
Place of Assembly, Indoor
1 space per 100 sf. PFA
Governmental Service (Police, Fire,
Emergency Medical Services)
1 space per 300 sf. PFA
Commercial Uses
Required Off -Street Parking Spaces
Bank, Credit Union, and Financial Services
1 space per 300 sf. PFA
Building Materials and Hardware
1 space per 300 sf. PFA
Dance Hall / Nightclub
1 space per 75 sf. PFA
Gasoline Station
1 space per 4 pump stations or Level 3 charging stations plus 3 spaces
per service bay, plus 1 space per 200 sf. PFA for an attached convenience
store
Grocery (Food Sales)
1 space per 200 sf. PFA
Heavy Machinery Sales and Rentals
1 space per 250 sf. PFA
Home Furnishing Store
1 space per 250 sf. PFA
Kennel
1 space per 400 sf. PFA
Manufactured Home Sales
1 space per 500 sf. PFA + 1 space per 10,000 sf. outdoor storage area
Motel
1 space per guest room + 1 space per 300 sf. of meeting rooms,
ballrooms, and administrative offices + 1 space per 100 sf. PFA of
integrated restaurants and bars that are open to the public (if applicable)
Office, General
1 space per 300 sf. PFA
Pawn Shop
1 space per 200 sf. PFA
Personal Services
1 space per 200 sf. PFA
Recreational Vehicle Parks and Campgrounds
1 space per campsite
Repair Service
1 space per 300 sf. PFA
Restaurant
1 space per 75 sf. PFA
Retail Sales
1 space per 200 sf. PFA
Self -storage, mini -warehouse
1 space per 25 storage units + 1 space per 300 sf. of office space
Sexually Oriented Business
1 space per 300 sf. PFA
Studio or Shop (Arts, Crafts, or Recording)
1 space per 200 sf. PFA
Veterinary Clinic and/or Service, Small
Animal
1 space per 300 sf. PFA
Veterinary Clinic, Large Animal
1 space per 300 sf. PFA
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Table 14.06.005
Required Off -Street
Industrial and Manufacturin Uses `'Off -Street Parking Spaces
Bakery, Wholesale
1 space per 300 sf. of office area + 1 space per 1,000 sf. of warehouse
Batch Plant, Permanent
1 space per 300 sf of PFA
Contractor's Shop and/or Service Yard
1 space per 500 sf. of storage yard
Industrial and Manufacturing Product Sales
and Supply
1 space per 300 sf of PFA
Junkyard / Salvage Yard
1 space per 10,000 sf. of storage yard
Laundries, Commercial
1 space per 300 sf of PFA
Manufacturing, Heavy (includes handling of
explosive and/or foul materials)
1 space per 500 sf of PFA
Manufacturing, Light (includes product
assembly and processing)
1 space per 400 sf of PFA
Publishing Services
1 space per 300 sf of PFA
Resource Extraction
1 space per employee on the largest shift
Warehousing and Storage
1 space per 300 sf. of office area + 1 space per 1,000 sf. of warehouse
Recreation and Entertainment Uses
Required Off -Street Parking Spaces
Commercial Amusement, Indoor
1 space per 4 seats; or if no seats: 1 space per 150 sf. PFA
Commercial Amusement, Outdoor
1 space per 4 seats; or if no seats: 1 space per 150 sf. PFA
Outdoor Shooting / Archery Range
1 space per station + 1 space per employee
Park & Recreation Facility or Center
5 spaces per acre
Transportation, Utility, and Communication
Required Off -Street Parking Spaces
Cargo Terminal
1 space per 400 sf of PFA
Landfill
1 space per employee on largest shift
Passenger Terminal
1 space per 400 sf of PFA
Power Generation, Transmission, and
Distribution (includes large solar collectors
and windmills
1 space per employee on largest shift
Water and Sewage Treatment
1 space per employee on largest shift
Water Storage
1 space per employee on largest shift
Wireless Telecommunications Tower
1 space per tower
Notes: 1 The off-street parking spaces designated for each apartment (multiple -family) dwelling unit shall be located
within 100 feet of the dwelling unit served by such spaces.
Sec. 14.06.006, Additional Parking Requirements in Residential Districts
a. Parking Lots Adjacent to Residential. Wherever a parking lot is located across the street from or
adjacent to a residentially zoned property (SR, MR, MF, or MH), and is designed so that headlight beams
will shine into residences (whether or not such residences have been built at the time the parking lot is
constructed), a Type B Bufferyard (See Table 14.07.004.A, Bufferyard Classifications) shall be erected
and maintained so as to provide a headlight screen for the residential district.
b. Prohibition on Large Vehicles Parking Two or More Days. In all residential districts (SR, MR, MF, or
MH), no heavy load vehicle, truck trailer, truck tractor, mobile home, motor home, camper, trailer, boat,
machinery, farm equipment or machinery or any other similar equipment or machinery shall be parked
or left standing for more than two days out of any consecutive seven day period within the front yard
between the front building line and the front property line or within the side yard of a corner lot
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between the side building line and the side property line on the side of the lot abutting a street or
public right-of-way.
Sec. 14.06.007, Parking for Persons with Disabilities
a. Number of Spaces Permitted. As required by the American with Disabilities Act (ADA), a certain
number of required disabled parking spaces are required as part of new development and
redevelopment. The disabled parking spaces shall be incorporated into, rather than in addition to, the
overall number of parking spaces required via Table 14.06.005, Required Off -Street Parking by Land Use.
The minimum number of required disabled parking spaces is set out in Table 14.06.007(A), Parking for
Persons with Disabilities.
Numbe r of Req u i red Parki ng
Spaces
1 to 25
Table14-06,007(A), Parkinr for Persons
Number of Standard Automobile
Spaces
1
with Disabllit�es
Number of Disabled Spaces that
Must be Van Accessible
1
26 to 50
2
1
51 to 75
3
1
76 to 100
4
1
101 to 150
5
1
151 to 200
6
1
201 to 300
7
1
301 to 400
8
1
401 to 500
9
2
501 to 1,000
2 percent of total
1 out of 8 disabled parking spaces, rounded up
1,001 and over
20, plus 1 for each 100 over 1,000
1 out of 8 disabled parking spaces, rounded up
b. Parking Space Size Specifications. Figure 14.06.007(B), ADA Parking Space Specifications, details the
specific size requirements for both standard automobile and van accessible ADA accessible parking
spaces.
4FT
20 FT.
FT
;p n
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Sec. 14.06.008, Allowances for Off -Street, Off -Site Parking
a. All Zoning Districts. Off-site, off-street parking spaces may be permitted with site plan approval in any
district subject to all of the following requirements:
1. That a permanent and irrevocable easement of the parking facilities in favor of the premises to
be benefited shall be dedicated and recorded as a condition of such use;
2. That the nearest point of the premises utilized for such parking spaces shall be not more than
300 feet in a straight line from the nearest point of the premises to be benefited; and
3. No such parking space may be located on the same lot as a residential dwelling.
b. DT and MU Zoning Districts. Within the Downtown (DT) and Mixed Use (MU) zoning districts remote
parking including structured parking may be provided on another parcel and qualify for off-street
parking, subject to:
1. The distance from the parcel proposed for development to the remote parking lot shall not
exceed 600 feet;
2. Access to the parcel proposed for development shall be on property that is reasonably
accessible to the parcel proposed for development; and
3. The limited use standards for Automobile Structured Parking (Primary Use) per subsection
(d)(3) of Sec. 14.04.002, Limited Use Standards.
Sec. 14.06.009, Shared Parking
With approval of a site plan per Sec. 14.12.006, Site Development Plan, off-street parking facilities for
different buildings, structures, or uses, or for mixed uses, may be provided and used collectively or jointly
in any zoning district in which separate off-street parking facilities for each constituent use would be
permitted, subject to the following provisions:
a. Legal Document Required. A legally sufficient written agreement assuring the perpetual joint usage of
said common parking for the combination of uses or buildings is properly drawn and executed by the
parties concerned, approved as to form and execution by the City Attorney, and filed with and made
part of the application for a building permit.
b. Percentage Reduction. A reduction in parking requirements is permitted up to 60 percent for land
uses that have opposite peak usage timeframes.
1. Any combination of land uses selected one from Group A and one from Group B is permitted.
a. Group A.
1. Commercial Amusement, Indoor;
2. Commercial Amusement, Outdoor;
3. Park & Recreation Facility or Center;
4. Dance Hall / Nightclub;
S. Place of Public Assembly, Indoor
b. Group B.
1. Adult Day Care Center;
2. Child -Care, Day Care Center;
3. Bank, Credit Union, and Financial Services;
4. Office, General
2. Additional land use combinations will only be permitted by specific evidence that proves that
the peak usage of the parking facility will not have any overlapping timeframes.
Sec. 14.06.010, Structured Parking
See Table 14.03.004, Nonresidential Uses and Sec. 14.04.002, Limited Use Standards.
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Sec. 14.06.011, Site Access
a. Ingress and Egress. Adequate provision for ingress and egress to all parking spaces shall be provided
by driveways or maneuvering areas with direct access to a public street or to a private right-of-way
easement. A private right-of-way easement shall be legally binding in form and substance and shall be
recorded in the office of the register of deeds of Hale County, and a certified copy of the same, with
evidence of recording thereon, shall be filed with the Administrator.
b. Required Driveway Design. One-way driveways shall be at least 12 feet wide when the angle of
parking is 45 degrees and 17 feet, six inches when the angle of parking is 60 degrees.
Sec. 14.06.012, Off -Street Loading
a. Number of Loading Spaces. All Nonresidential Uses having at least 10,000 square feet of gross floor
area shall provide and maintain off-street facilities for the loading and unloading of merchandise and
goods within the building or on the lot adjacent to a private service drive. Where such loading space is
located adjacent to a residential district, the space shall be enclosed on three sides. Loading spaces
shall be provided in accordance with the table below and any regulations in subsection (b) may
change the general regulation.
b. Loading Requirements for Special Areas and Uses. The requirements below vary from the general
requirements set forth in Table 14.06.012, Required Loading Spaces for Nonresidential Uses with at
least 10,000 Square Feet. These requirements are applicable regardless of the total amount of square
footage of floor area.
1. Private Drives for Elementary Schools, Kindergartens, and Child -Care, Day Care Center.
Elementary schools, kindergartens, day care centers (child-care), and similar child training and
care establishments shall provide loading and unloading space on a private drive, off-street to
accommodate one motor vehicle for each 10 students or children cared for by the
establishment.
2. Loading Docks Adjacent to Residential. Loading docks for any establishment which customarily
receives goods between the hours of 9:00 p.m. and 8:00 a.m. and is adjacent to a residential
use or zoning district shall be designed and constructed so as to fully enclose the loading
operation, in order to reduce the effects of the noise of the operation on adjacent residences.
3. Screening Adjacent to Residential. Where adjacent to residential uses or districts, off-street
loading areas shall be screened with a Type B Bufferyard (See Table 14.07.004.A, Bufferyard
Classifications) from view of the residential use or district.
4. Downtown (DT) District. Uses in the DT district are not required to provide loading spaces on-
site. Loading is allowed from alleys or over -the -curb along street rights-of-way at times and
locations approved by the Administrator.
46
Table 14.06.012
Loading
Spaces for Nonresidential Uses with at least 10,000 Square Feet
FloorRequired
Square Feet of Gross
..
0 to 10,000
None
10,000 to 50,000
1
50,000 to 100,000
2
100,000 to 200,000
3
Each additional 100,000
1 additional
'The specific land uses identified in subsection (b)(5) shall require one additional loading space for each classification of Square Feet
of Gross Floor Area.
b. Loading Requirements for Special Areas and Uses. The requirements below vary from the general
requirements set forth in Table 14.06.012, Required Loading Spaces for Nonresidential Uses with at
least 10,000 Square Feet. These requirements are applicable regardless of the total amount of square
footage of floor area.
1. Private Drives for Elementary Schools, Kindergartens, and Child -Care, Day Care Center.
Elementary schools, kindergartens, day care centers (child-care), and similar child training and
care establishments shall provide loading and unloading space on a private drive, off-street to
accommodate one motor vehicle for each 10 students or children cared for by the
establishment.
2. Loading Docks Adjacent to Residential. Loading docks for any establishment which customarily
receives goods between the hours of 9:00 p.m. and 8:00 a.m. and is adjacent to a residential
use or zoning district shall be designed and constructed so as to fully enclose the loading
operation, in order to reduce the effects of the noise of the operation on adjacent residences.
3. Screening Adjacent to Residential. Where adjacent to residential uses or districts, off-street
loading areas shall be screened with a Type B Bufferyard (See Table 14.07.004.A, Bufferyard
Classifications) from view of the residential use or district.
4. Downtown (DT) District. Uses in the DT district are not required to provide loading spaces on-
site. Loading is allowed from alleys or over -the -curb along street rights-of-way at times and
locations approved by the Administrator.
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Loading Space Always Required for Land Use. The following land uses require at least one
additional loading space per each Square Feet of Gross Floor Area classification as set out in
Table 14.06.012, Off -Street Loading:
a. Cemetery / Funeral Services.
b. Dormitory.
c. Multiple -Family Development.
d. Motel.
e. Industrial and Manufacturing Uses.
Sec. 14.06.013, Reduction of Parking and Loading Requirements
a. Approval of Parking or Loading Reduction. The Administrator may approve a reduction in the
number of required parking spaces or loading spaces per this Article if the applicant demonstrates that
such a reduction is appropriate and warranted based on specific parking demand forecasts for the
proposed use, provided that:
1. Such forecasts are made by a qualified, certified traffic engineer, and are based upon a peak
parking analysis of at least five comparable uses; and
2. The comparability of the uses shall be documented in detail, which includes their location, gross
floor area, street access, use types and restrictions, hours of operation, peak parking demand
periods, and all other factors that were considered by the traffic engineer that could affect
parking demand.
b. Review of Reduction Request. The City may retain a qualified, certified traffic engineer, at the
applicant's and/or owner's expense, to review the parking demand forecast and provide
recommendations to the City.
c. Approval of Reduction Request. The Administrator may approve a reduction in parking only if the
requirements of this section are met.
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Article 14.07 — Landscaping and Buffering
Sec. 14.07.001, Purpose and Applicability 0
a. Purpose. The purpose of this Article is to:
1. Establish landscaping standards that preserve and enhance the character of the City;
2. Improve the compatibility between different adjoining uses; and
3. Conserve water by promoting the use of native and drought -resistant trees and shrubs.
b. Applicability.
1. The requirements of this Article apply to all land in the City. All site development plans, plats,
and land development proposals are subject to the minimum regulations and policies of this
Article.
Exception. The requirement of this Article are not applicable for modifications to nonresidential
buildings where a building expansion or redevelopment does not exceed the gross floor area of
the existing building by more than 10 percent or 3,000 square feet, whichever is less.
Sec. 14.07.002, General Requirements
a. Irrigation.
1. General Requirement. All landscaping must be irrigated or located within 100 feet of a private
water outlet to which a hose may be connected.
2. Waivers of General Requirement. The Administrator shall have the authority to waive or delay
implementation of the requirements of subsection (a)(1):
a. When public improvements (e.g., water, sanitary sewer, drainage, street facilities) have
been authorized and scheduled which would affect landscaping on a lot or tract; or
b. For a temporary use which will be in operation for period of one year or less.
b. Public Right -of -Ways.
1. Generally. It shall be unlawful to set out, construct, maintain or permit to be maintained any
shrub or plant (excluding trees) sign or structure, or any other obstruction having a height of
greater than three feet, as measured from the top of the curb of the adjacent street, in the public
right-of-way.
2. Exemption. Subsection (b)(1) shall not apply to any government owned traffic control sign or
signal, street sign, or mailbox provided that the structure does not:
a. Interfere with the free passage of vehicles on the street;
b. Interfere with pedestrian access on a sidewalk;
c. Obscure the view of motor vehicle driver; or
d. Otherwise create a traffic hazard.
3. Trees in the Public Right -of -Way. All trees with a trunk diameter greater than two inches
measured three feet above ground level that are within any of the parkway area shall be
trimmed so that no foliage is less than six feet above the top of the curb of the adjacent street.
No evergreen or coniferous species of tree shall be allowed in the public right-of-way.
c. Street Tree Planting and Spacing. Street trees planted to fulfill the requirements of this Article shall
be:
1. Planted no closer 10 feet from curb, curb lines, sidewalks, fire hydrants, underground utility,
overhead transmission lines, other utilities; and
2. Planted no closer than 20 feet from any street corner, measured from the point of nearest
intersection of curb or pavement lines;
d. Prohibited Plant Species. Plant species that require extensive irrigation, are invasive, or are not
drought tolerant are prohibited.
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e. Recommended Plant List. See City of Plainview Recommended Planting List
Sec. 14.07.003, Development Landscaping
163
a. Landscaping Required.
1. General Requirements.
a. New nonresidential uses and apartment developments shall be required to have 10% of
the development site landscaped.
b. Landscaping, including all calculations used as the basis for the plan, shall be approved
as part of Sec. 14.12.006, Site Development Plan.
2. Exception to General Requirement. The 10 percent landscaping requirement set forth in
subsection (a)(1)(a) may be reduced by up to 5 percent with site plan approval setting forth a
plan for xeriscape landscape treatments, preservation of existing vegetation, and Water -Wise
irrigation systems for at least two-thirds of total area of the development.
3. Recommended Plantings. The City highly recommends that all landscaping that is planted as part
of a new development shall be from the recommended plant list per Sec. 14.07.002(e),
Recommended Plant List, however the City requires that no plants shall require extensive
irrigation, are invasive, or are not drought tolerant as per Sec. 14.07.002(d), Prohibited Plant
Species.
b. Landscaping Location Requirements.
1. At least 50 percent of all required landscaping shall be located between the front of a primary
building and the street right-of-way.
2. Landscaping shall be comprised of a mixture of native trees, shrubs, and succulent plants, using
methods that promote water conservation and plant sustainability.
3. Landscaping may be clustered or placed in smaller islands, provided that the landscaping is
sustainable when located in parking lots and near streets.
4. The Administrator may approve a deviation from the 50 percent criteria in order to:
a. Preserve existing vegetation on another side of the site;
b. Provide additional buffering in a critical location where it may be required, such as
along a rear property line; or
c. To create an amenity area in another portion of the site.
c. Downtown District The 50 percent requirement of Subsection (b)(1), above, shall not apply to the
Downtown District (DT) due to the "build to" setback requirement. In the Downtown District,
landscaping may be dispersed across the entire site.
d. Landscaping Calculation Guidelines.
1. Clustering of Vegetation.
a. The 50 percent landscaping requirement of Subsection (b)(1), above, does not preclude
the clustering of vegetation or the even distribution of landscaping. Landscaping should
be placed within areas that will ensure the longevity of the landscaping and efficient
irrigation that promotes water conservation;
b. Where practical, it is the preference of the City to maintain existing trees and other
vegetation.
c. Bufferyard landscaping located between the front building facade and a street shall be
counted toward fulfilling the bufferyard and 50 percent landscaping requirements.
2. Location of Vegetation. Landscaping will be strategically located, and vegetation preserved, in
locations that simultaneously satisfy the requirements of multiple landscaping requirements;
and
3. Site Development Plans. Any landscape plan submitted via Sec. 14.12.006, Site Development
Plans, must contain calculations and planting schedules that demonstrate how each landscaping
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requirement has been satisfied and the amount of existing vegetation credits that are proposed.
Existing areas to be preserved shall be adequately denoted and described on the landscape
plan, with details provided about the preservation of these areas during construction.
e. Landscape Design Criteria.
1. All plant material must meet specifications of the American Association of Nurserymen (AAN)
for No.1 grade.
2. All plants shall be sized as set out in Table 14.07.003, Minimum Planting Size Requirements, with
the exception of plants required in order to satisfy the bufferyard requirements set out in Sec.
14.07.004, Bufferyards.
a. When opaque screening or a bufferyard is required to be a specific height, the size of
landscaping shall be sufficient to satisfy that requirement at the time of planting.
b. Required plant height necessary to satisfy the applicable bufferyard requirements may
be reduced by the height of an earthen berm, if landscaping is installed on the berm or
above the natural grade.
3. Where larger sized plants are required to satisfy bufferyard requirements, the minimum
required plant size shall comply with the more stringent requirement.
Standard deciduous trees
Small ornamental and flowering trees
Evergreen trees
Shrubs/ground covers
Adequate size to be consistent with design intent
Sec. 14.07.004, Bufferyards
a. Generally. The bufferyards required by this Chapter are based on the amount of screening they
provide, which are classified from less screening (Type A) to more screening (Type D), depending on
the types and intensity the adjacent land uses and/or zoning district.
b. Bufferyard Types.
1. There are four types of bufferyards, each of which vary in the width of the bufferyard and the
numbers and types of plants that are required per 100 linear feet, or portion thereof.
2. The minimum planting requirements for each type and composition of bufferyard are set out in
Table 14.07.004.A, Bufferyard Classifications.
c. Classification of Bufferyards. Bufferyards may be classified as:
1. Structural Bufferyards. Structural bufferyards are those that include a fence or wall to achieve
the required level of screening or preferred for privacy or security; and
2. Natural Bufferyards. Natural bufferyards are those that include an earthen berm, a geologic
grade change, an arroyo, or a higher density of plant materials to achieve the required level of
screening.
11
Type A 1 5 ft. 1
Type B -F10 ft.
1/2
2/3
1/2
2/3
1 1/3
2/6
1 10/15 4 -
20/30T -
Type C F25 ft. ;
3/6
3/6
3/9
I 30/40 i 6 ft.
Type D 35 ft. r
4/8
4/8
T 4/12
1 40/55—T 8 ft.
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Table 14.07.004.A Bufferyard Classifications
Table Notes:
1. An earthen berm, wall, or fence is not required for natural bufferyard.
2. Special Use Permit approval may require additional bufferyard requirements as a condition of approval.
d. Bufferyards in Specific Locations.
1. Between Districts. Structural bufferyards are the preferred composition along a district
boundary that is not a street, or where there is a specific privacy or security need that requires
a wall or fence.
2. Between Mixed Housing Types and Uses. Structural or natural bufferyards may be used between
mixed housing types and mixed uses within a development.
3. Adjacent to Land Zoned Single -Family Residential (R-1). Natural bufferyards are preferred where
practical to reinforce the rural or suburban character of the district.
4. Along Resource Features and Recreation Uses. Natural bufferyards are desired along natural
areas and floodplains to provide open space and enhance water quality and public safety.
e. Exemptions. A parcel proposed for development, redevelopment, or substantial improvement may be
exempt from the requirement to provide a bufferyard under the following conditions:
1. When there is an elevation difference between two adjacent properties that is six feet or
greater; or
2. When the parcel proposed for development, redevelopment, or substantial improvement is
separated from the adjacent property by a natural or man-made area that meets or exceeds the
level of screening required by the applicable bufferyard.
f. Credits for Existing Landscaping Improvements.
1. Generally. Existing trees, fences, and landscape or retaining walls that meet, in part but not in
whole, the bufferyard requirements set out herein, may be counted toward a bufferyard
requirement, provided that the trees and landscaping are in good health or the fences or walls
are structurally sound.
2. Existing Landscaping Credit. Credit shall be given for existing trees and landscaping within
bufferyards and perimeter yards.
g. Zoning District Boundary Bufferyard Standards.
1. Generally. Set out in Table 14.07.004.13, Zoning District Boundary Bufferyard Standards, is the
classification of bufferyards that are required between zoning districts that are not separated
by a public street right-of-way.
2. Interpretation of the Table.
a. The Table is a matrix in which all zoning districts are grouped into categories of similar
land use intensities.
b. The rows indicate the zoning of the parcel proposed for development and the columns
indicate the zoning of the adjacent property or properties.
c. Where "-" is found, no bufferyard is required.
Proposed for
Development RA, SR MR, MF, MH CU, DT, MU, NC GC, LI HI
RA, SIR
--
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3. Relationship to Other Bufferyard Requirements. If bufferyards are required by another section of
this Chapter along property boundaries that are also district boundaries, then the greater
bufferyard requirement shall prevail.
h. Bufferyard Fencing and Screening.
1. Orientation. Where a fence is used to provide a buffer, the finished side of all fences shall face
outward toward any adjacent rights-of-way or the property that is being buffered. All support
posts and stringers shall face inward toward the property upon which the fence is located, or
the development being screened.
2. Construction Materials. Any screening wall or fence qualifying as a bufferyard, shall be
constructed of wood, masonry or reinforced concrete which does not contain openings
constituting more than 40 square inches in each one square foot of wall or fence surface, and
the surface of such wall or fence shall constitute a visual barrier. All wall or fence openings shall
be equipped with gates equal in height and screening characteristics to the wall or fence.
Sec. 14.07.005, Maintenance
a. Generally. All plant material shall be maintained at all times in a living and growing condition. Any
landscaping material that dies shall be replaced with healthy material.
b. Trimming. Any tree or other form of landscaping overhanging a public alley, street, or highway, shall:
1. Be trimmed by the owner, agent or occupant of the property on which the landscaping is
planted so that there is a clear height of 18 feet above the surface of the street, alley or highway
and eight feet above the sidewalk surface; that is unobstructed;
2. If a tree or any other landscaping in any way causes a hindrance to the general public, or in any
way endangers the security or usefulness of any public street, right-of-way, highway, alley,
utility, or sidewalk, it may be declared to be a public nuisance; and
3. If the owner of such tree or landscaping does not correct or remove such nuisance within 30
days of written notification, the City shall cause the nuisance to be corrected in accordance with
the requirements set out in Art. 14.14, Enforcement and Remedies.
c. See Also Sec. 14.02.006, Planned Development (PD) District Regulations and Sec. 10.03.003, Property
Owner Associations.
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Article 14.08 — Signs
Sec. 14.08.001, Purpose and Applicability
a. Purpose. The purpose of this Article is to:
1. Set out reasonable regulations for the design, location, installation, operation, repair, and
maintenance of signs;
2. Provide for reasonable regulation while also safeguarding the constitutionally protected right of
free speech;
3. Create content neutral sign regulations which balance the legitimate needs of individuals,
entities, and organizations to convey messages with the legitimate objectives of the City to
promote public safety, enhance community character and enhance private property values;
4. Create reasonable regulations as permitted by federal law on signage that could be viewed as
obscene in order to protect the community, especially minors, from explicit messages which are
harmful;
5. Prevent and reduce sign clutter which can have the negative consequences to the City which
include, but are not limited to the following:
a. Undue visual distractions which may create a public safety hazard for motorists,
bicyclists, and pedestrians;
b. Degrading the aesthetic character of the City and therefore making the City less
attractive for residents, visitors, commerce, and private investment; and
c. Physical obstructions within the public right-of-way which create public safety
hazards.
6. Provide timely, fair, and consistent permitting and enforcement of signage throughout the City;
b. Applicability.
1. Generally.
a. All construction, relocation, enlargement, alteration, and modification of signs within
the City shall conform to the requirements of this Article.
b. This Article applies only to signs that are integrated into, attached to, installed upon,
or set upon the ground, a structure, landscaping, or a building.
2. Exemptions. The following signs are exempt from the regulations of this Article:
a. Signage affixed to or painted on vehicles;
b. Signage carried by people;
c. Signage posted by the City on property owned, leased, or licensed by the City;
d. Signage posted by governmental entities that are not subject to City jurisdiction,
located on property owned, leased, or licensed by the governmental entity; and
e. Signage regulated by law or regulation in furtherance of the performance of a public
duty or function (e.g., temporary or permanent traffic controls and street signs); or to
give legal notice (e.g., notices of pending action pursuant to City ordinances).
Sec. 14.08.002, Permit Required; Exceptions
a. Permit Required. A Sign Permit is required prior to the erection, installation, or substantial
modification of any sign that is not an Excepted Sign as defined in Subsection (b), below. Sign Permits are
issued by the Administrator, per Sec. 14.12.005, for signs that comply with all of the applicable standards
of this Article.
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b. Exceptions. The following signs must be installed, maintained, displayed, and removed according to the
requirements of this Article, but do not require a sign permit prior to installation or display:
1. Bulletin boards attached to building walls, provided that the sign area is 12 square feet or less,
and there is not more than one bulletin board per principal public entrance to the building.
2. Signs that are required in order to comply with building codes or other laws or regulations (e.g.,
address numbers).
3. Signs that are six square feet or less in sign area, and if detached, four feet or less in height,
provided that such signs do not require any building permits for electrical or structural
systems.
4. Applied wall signs.
5. Temporary signs that are subject to the requirements of Sec. 14.08.008(b), Permits.
Sec. 14.08.003, Prohibited Signage
a. Content Based Categories of Signage.
1. Generally. Except as provided in this Section, no sign shall be approved or disapproved based on
the content or message it displays.
2. Prohibition on Certain Types of Unprotected Speech. The following content is prohibited without
reference to the content or viewpoint of the individual speaker:
a. Text or graphics of an indecent or immoral nature that is harmful to minors under
state or federal law;
b. Text or graphics that advertise unlawful activity;
c. Text or graphics that are obscene, fighting words, defamation, incitement to
imminent lawless action, or true threats; or
d. Text or graphics that present a clear and present danger due to their potential
confusion with traffic control signs; or signs that provide false information related to
public safety (for example, signs that use the words "Stop," "Yield," "Caution," or
"Danger," or comparable words, phrases, symbols, or characters that are presented in
a manner as to imply a safety hazard or governmental regulation that does not exist).
b. Maintenance Required.
1. Generally. Sign and sign structures of all types (permanent and temporary) shall be maintained
in a safe, representable, and good structural condition at all times, including replacement of
defective parts (except when a weathered or natural surface is intended), repainting, cleaning,
and other acts required for the maintenance of such sign.
2. Immediate Threat of Collapse. If the Administrator finds that a sign regulated by this Article is an
immediate threat of collapse due to its physical condition to persons or property, the
Administrator shall cause it to be removed immediately and without notice.
3. Unsafe Signs. Signs determined to be unsafe or insecure due to a physical condition shall be
removed within five calendar days after written notification is provided to the owner or
occupant of the building or property. Removal of an unsafe sign by the Administrator shall be at
the expense of the owner of the sign and/or the owner of the property on which the sign is
located.
4. Code Compliance. All signs shall be constructed and installed in accordance with applicable
provisions of this Chapter, as well as all other chapters of this Code of Ordinances.
5. Materials. The materials of the sign face shall be maintained in a condition that is not broken,
cracked, chipped, torn, discolored, or excessively weathered whereby the sign is unsightly or
difficult to read.
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6. Paint and Finishes. Paint and other finishes shall be maintained in good condition to prevent
peeling, corrosion, or rust.
7. Ground Area. The ground area around any freestanding (detached) sign shall be kept free and
clean of weeds, trash, and other debris.
c. Prohibited Sign Types. The following sign structures and designs are prohibited:
1. Substandard signs as determined by Sec. 14.08.010, Removal of Substandard Signage.
2. Animated or moving signs, including any moving, swinging, rotating, flashing, blinking,
scintillating, fluctuating, or otherwise animated light or appendage, except as specifically
permitted in Sec. 14.08.005, Electronic Message Centers and Manual Changeable Copy Centers;
and
3. Portable signs, except as specifically permitted in Sec. 14.08.008, Temporary Signs.
4. All off-site advertising is prohibited except for:
a. Temporary signage that is permitted pursuant to Sec. 14.08.008, Temporary signs;
and
b. Signage that is permitted pursuant to Sec. 14.09.006, Nonconforming Signs and
Billboards.
d. Prohibited Design Elements. The following shall not be incorporated as an element of any sign or sign
structure:
1. Flags, banners, or comparable elements designed to move in the wind, except flags attached to
flagpoles.
2. Flashing lights, except as part of holiday displays, or electronic signs per Sec. 14.08.005,
Electronic Message Centers (EMC) and Changeable Copy Centers (CCC).
3. Motor vehicles, unless:
a. The vehicles are operational and either new (e.g., automobile dealer inventory) or
regularly used as motor vehicles, with current registration and tags;
b. The display of signage on the motor vehicle does not interfere with the immediate
operation of the motor vehicle (e.g., signs that are held in place by an open hood or
trunk are not allowed; signs that cover windows (blocking reasonable visibility) are
not allowed; and signs that would fall off of the vehicle while the vehicle is in motion
are not allowed); and
c. The motor vehicle is legally parked in a designated off-street parking space.
4. Semi -trailers, shipping containers, or portable storage units, unless:
a. The trailers, containers, or portable storage units are:
1. Structurally sound and capable of being transported;
2. Used for their primary purpose (e.g., storage, pick-up, or delivery); and
3. If subject to registration, have current registration and tags; and
b. Text or graphics of an indecent or immoral nature that is harmful to minors under
state or federal law;
c. The display of signage is incidental to the primary purpose; and
d. The semi -trailer, shipping container, or portable storage unit is parked or placed in a
designated loading area or on a construction site at which it is being used for its
primary purpose.
5. Spinning or moving parts.
6. Unshielded bare light bulbs that are larger than C9 format or brighter than 50 lumens per bulb,
except that neither neon tubing nor LED bulbs that compose an electronic message center
display shall be considered a "bare light bulb" for the purposes of this standard (note that
illumination of signs in any manner is subject to Sec. 14.08.004, Sign Illumination, and electronic
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message centers are subject to Sec. 14.08.005, Electronic Message Centers and Manual
Changeable Copy Centers.).
7. Materials with a high degree of specular reflectivity, such as polished metal or mirrors, installed
in a manner that creates substantial glare from headlights, street lights, or sunlight. This
prohibition does not include retro -reflective materials that comply with MUTCD Criteria.
e. Prohibited Obstructions. In no event shall a sign obstruct:
1. Building ingress or egress, including doors, egress windows, and fire escapes.
2. Sidewalks, driveways, and alleys.
3. Equipment, structures, or architectural elements that are related to public safety, building
operations, or utility service (e.g., standpipes, fire hydrants, vents, and meters).
4. Visibility to any traffic control device or street sign from traffic lanes to which the traffic control
device or street sign is directed.
5. A driver's ability to safely see all vehicular and pedestrian traffic.
f. Prohibited Mounts. In no event shall a sign mount, bracket, or obstruct:
1. Building ingress or egress, including doors, egress windows, and fire escapes.
2. Sidewalks, driveways, and alleys.
3. Equipment, structures, or architectural elements that are related to public safety, building
operations, or utility service (e.g., standpipes, fire hydrants, vents, and meters).
4. Visibility to any traffic control device or street sign from traffic lanes to which the traffic control
device or street sign is directed.
g. Prohibited Locations. In addition to applicable setback requirements and other restrictions of this
Article, no sign shall be located in or over public rights-of-way (which, in addition to streets, may
include other sidewalks, parkways, retaining walls, utility poles, traffic control devices, medians, and
center islands that are within public rights-of-way), except:
1. Projecting Signs within the Downtown Zoning (DT) District;
2. Temporary or permanent signs posted by or under the authority of the City or governmental
entity with jurisdiction over the right-of-way;
3. Temporary signs posted in connection with authorized work within the right-of-way, as
authorized or required by the City or governmental entity with jurisdiction over the right-of-
way;
4. Signs painted on or affixed to transit shelters and bus benches as authorized by the provider of
the shelter or bench, but not extending beyond the physical structure of the shelter or bench; or
5. Signs that are the subject of a revocable license agreement with the City, installed and
maintained in accordance with the terms of that agreement.
6. In locations that have less horizontal or vertical clearance from authorized communication or
energized electrical power lines than the minimum clearance required by the laws of the State
of Texas and the regulations duly promulgated by agencies thereof.
Sec. 14.08.004, Sign Illumination
a. Generally. Illumination of signs using internal or external light sources is allowed only for permanent
signage; in a nonresidential or mixed use zoning district (CU, DT, MU, NC, GC, Ll, or HI); and subject to
the provisions and limitations of this section.
b. Wiring and Electrical Components. Junction boxes, conduits, switches, sensors, transformers, wires,
and other electrical or electronic components used to illuminate signs shall be hidden from view and
shall comply with Article 3.04, Electricity.
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c. Off -Site Illuminance. No off-site light trespass allowed. If the installation of the best available
technology to minimize light trespass is not completely successful, then the illuminance levels on
horizontal or vertical planes resulting from on-site light sources shall not exceed 0.2 footcandles at the
property line.
d. On -Site Illuminance.
1. Parking lots and other spaces shall be illuminated as unobtrusively as possible while meeting
the functional needs of circulation and safety. All pole -mounted lights located on or near the
parking lot perimeter shall have full cut-off fixtures installed or shall be designed to prevent
light trespass onto adjoining property. The average level of illumination within parking lots
shall not exceed 2.0 footcandles.
2. The average level of illumination for entrance drives for parking lots shall be 1.5 footcandles.
3. The average level of illumination for building facades and service areas shall be 2.0 footcandles.
4. The average level of illumination for front merchandise sales and display areas shall be 3.0
footcandles, while all other display areas shall be 2.0 footcandles.
5. Foreground spaces, such as building entrances and outside seating areas, shall utilize lighting
that defines the space without glare and not to exceed 5.0 footcandles.
6. Pedestrian -level, bollard lighting not exceeding three feet in height, ground -mounted lighting,
or other low, glare -control fixtures mounted on landscape walls shall be used to light
pedestrian sidewalks and walkways. Pedestrian areas shall be illuminated to a maximum of 1.0
footcandle. Pedestrian lighting required by this section shall meet all lighting standards
contained elsewhere in this Article.
7. Service stations and other fueling facilities shall not exceed a maximum of 5.0 footcandles in the
area immediately surrounding the fueling islands. The parking lots shall be illuminated as set
out in Subsection (d)(1), above. Drop -lens fixtures are prohibited, whether mounted under
canopies or on poles. All light fixtures shall be recessed into overhead canopies.
8. Sales lots where merchandise (including automobiles) are displayed at night shall not exceed a
maximum of 5.0 footcandles.
Sec. 14.08.005, Electronic Message Centers (EMC) and Changeable Copy Centers (CCC)
a. Generally. Electronic Message Centers (EMC) and Changeable Copy Centers (CCC) signs must be:
1. Permanent signage that conforms to the requirements of this Article; and
2. Must meet all applicable Texas Department of Transportation standards.
b. Location.
1. EMCs are not allowed in residential zoning districts.
2. EMCs are not allowed closer than 50 feet to residential zoning districts, existing single-family
dwelling or duplex dwelling if the EMC display faces the residential property.
c. Number of EMCs and CCCs.
1. Not more than one sign per property shall contain an EMC or CCC.
2. Ground signs or projecting signs that have two sign faces may include one EMC or manual
changeable copy center per sign face. However, EMCs and CCCs shall not be installed upon the
same sign structure.
d. Enclosure Required. EMCs and CCCs that are a component of ground signs, wall signs, or projecting
signs shall be enclosed on all sides with a finish of brick, stone, stucco, finished metal, or other durable
material that is used for that portion of surface of the sign face that is not an EMC or CCC, and the EMC
or CCC appear to be either recessed into the frame or flush with it. The enclosure shall extend not less
than 4 inches outward from the EMC display or CCC component on all sides.
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e. Design.
1. Generally. EMCs or CCCs on ground signs, cabinet wall signs, or projecting signs shall be
designed as an integral part of the sign. See Figure 14.08.005(A), Electronic Message Center
Design Requirements and Figure 14.08.005(B), Changeable Copy Center Design Requirements.
2. Size and Proportions.
a. An EMC or CCC that is incorporated into a ground sign shall not occupy more than
50percent of the sign area of the sign into which it is incorporated.
b. An EMC or CCC that is incorporated into a projecting sign or wall sign shall not
exceed the 50 percent of the sign area of the sign into which it is integrated.
c. An EMC that is displayed through a building window is exempt from this Subsection
(e) and Subsection (f)(1), but its sign area shall not exceed six square feet.
Figure 14.08.005(A)
Electronic Message Center Design Requirements
LETTERS AND REQUIRED ENCLOSURE
GRAPHICS MUST (MINIMUM 6")
BE DIMENSIONAL;
CHANGEABLE I SIGN FACE
COPY ELEMENTS COUNTS IN
ARE NOT — CALCULATION
OF FRAMING
ALLOWED 1 REQUIREMENT
Y
MINIMUM 6 IN. MINIMUM 6 IN
F
SIGN BASE
COUNTS IN
CALCULATION
OF FRAMING
REQUIREMENT
PALIP0211UVW/" Vi4 VLT
SIGN
123
AL
CHMAILE COPY
MESSAGE
E
SBI
Note: EMCs and manual changeable copy signs may be internally illuminated if they use opaque inserts with translucent
letters, numbers, or symbols, as displayed by "A" above. These signs shall not be internally illuminated if they use clear or
translucent inserts with opaque or translucent letters, numbers, or symbols, as displayed by "B" above.
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3. Maximum Pixel Pitch for EMCs. The pixel pitch of an EMC shall not be greater than 19 mm.
4. Brightness.
a. EMCs shall be equipped with ambient light sensors and programmed to
automatically dim when ambient light levels drop.
b. The maximum brightness of an EMC or internally illuminated CCC shall be calibrated
with the on-site and off-site illumination requirements of Sec. 14.08.004, Sign
Illumination.
EMC Operation. EMCs shall be programmed, maintained, and / or operated as follows:
1. EMCs shall display only static images (messages and / or graphics without motion, flashing,
animation, or frame effects).
2. Images shall be displayed for a period of not less than eight seconds.
3. If the EMC is damaged or malfunctions such that image data is not properly displayed the EMC
shall automatically turn off.
g. Sign Permits. A sign permit is required for an EMC or a CCC. See Sec. 14.12.005, Sign Permits.
Sec. 14.08.006, Off --Site Advertising and Billboard Regulations
a. Generally. Off-site advertising is prohibited within the municipal limits of the City with the exception
of billboards that are located only in the specific locations as designated in subsection (b).
b. Designated Billboard Locations.
1. Interstate Billboards. Billboards, along the I-27 Interstate Corridor are permitted if the
proposed billboard:
a. Is to be located on a property directly frontingI-27;
b. Conforms to 23 U.S. Code § 131, Control of Outdoor Advertising, and all Federal
Highway Administration Standards;
c. Has a maximum height of 70 ft.;
d. Is to be located at least 1,500 feet from an existing billboard; and
e. Is granted a permit per Sec. 14.12.001, Billboard Permit.
2. State Highway Billboards. Billboards are permitted along state highway corridors if the
billboard:
a. Is to be located on a property directly fronting a state highway;
b. Conforms to Title 43, Chapter 21, Division 1, of the Texas Administrative Code and all
Texas Department of Transportation requirements.
c. Has a maximum height of 35 ft.;
d. Is to be located at least 1,500 feet from an existing billboard;
e. Is to be located in the CU, GC, LI, or HI Zoning District; and
f. Is granted a permit per Sec. 14.12.001, Billboard Permit.
3. Existing Billboards. Existing billboards are permitted to operate as a nonconforming billboard if
they continue to be in conformance with Sec. 14.09.006, Nonconforming Signs and Billboards.
Sec. 14.08.007, Permanent Sign Standards
Permanent signs are subject to the standards set out in this section and the procedures of Sec. 14.13.004,
Sign Permits.
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A
•, istrict
Zoning
Sign Type and Standard Rural and Residential Districts Nonresidential and Mixed Use Districts
..
NOW
r.
One sign for each side a building faces
Max. Number
1 per building facade
a public street
Two square feet per lineal foot of
street frontage; Should the property in
question have less than 25 feet of
Max. Sign Areal
2 square feet
linear street footage then the
maximum sign area shall be 50 square
feet.
Sign Permit Required
Yes
Yes
Cgr
FEa:ts
�I
Max. Number
Prohibited Sign Type
11 per principal pubic entrance
Max. Sign Area
16 square feet
Min. Sign Clearance
8 feet above grade
Max. Distance From Building
6 feet
Facade
Sign Permit Required
Yes
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61
F
Max Number
Prohibited Sign Type
1 per building3
Max. Height
36 feet°
Max. Width
18 feet
Sign Permit Required
IYes
F.at.
Max. Number
Prohibited Sign Type
11 per building'
Max. Height10
feet
Max. Width
24 feet
Sign Permit Required
Yes
Notes:
1 Other than as designated in Note #2 below, wall signs are only permitted in the Rural and Residential Zoning Districts in
conjunction with a land use designated as a Commercial Use of the Home per Table 14.03.003, Residential Uses by Zoning
District.
3 As it pertains to maximum sign area regulations for wall signs, properties in the MF Zoning District shall follow the
regulations as set forth in the Nonresidential and Mixed Use Districts.
3 A lot may either have a pole sign or a monument sign but not both.
4 Pole signs which are oriented towards 1-27 traffic and are on properties adjacent to the 1-27 right-of-way are permitted a
maximum height of 70 feet.
5 Properties in the MF Zoning District shall follow the regulations as set forth in the Nonresidential and Mixed Use Districts
as it pertains to the installation of monument signs.
6 One monument sign, meeting the size requirements of the Nonresidential and Mixed Use District regulations and that is
placed along an entrance roadway into a legal, recorded, multi -lot, multi -sectioned, or master -planned subdivision shall be
permitted within the SR District.
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Sec. 14.08.008, Temporary Sign Standards
a. Location A temporary sign shall not be located on a public right-of-way.
b. Permits. Temporary Signs do not require a permit.
c. Standards.
1. The administrator has the authority to remove any temporary signage that does not meet any
and all of the requirements of this Article.
2. Temporary Signs are divided into three different types of signage: banner, flag, and stake signs,
each of which has specific requirements per Table 14.08.008, Temporary Sign Standards.
3. Additional Banner Sign Standards.
a. Banner signs must be affixed, mounted, and/or secured to a building.
b. Banner signs may not be affixed to any other permanent or temporary structure,
motor vehicle or fixture.
d. Procedures. See Sec. 14.12.005, Sign Permits.
Zoning
Sign •- and
Rural • Residential Districts Nonresidential
unTt CNS
Max. Number 1 double faced, or 2 single -faced, signs per auto 1 per 600 linear foot (If) of street frontage
access to a development.
Max. Sign Area 60 sf. 1 sf. per If. of street frontage, not to exceed 150 sf.
Max. Sign 6 ft. 18 ft.
Height
Display Periods 30 days, with not less than 30 days between display 30 days, with not less than 30 days between display
periods and more than two times annually periods
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Table0: 00:
Temporary.. .
Zoning District
Sign Type and
Standard Rural and Residential Districts Nonresidential and Mixed Use- Districts
•.
-
Max. Allowed
Prohibited Sign Type
One Every Ten Yards; Max. of 5
Max. Height
Display Periods
112 ft.
30 days, with not less than 30 days between display
periods
r.,57...-.5515
R
Max. Allowed Not Applicable One Every Ten Yards; Max. of 5
days, with not less than 30 days between display
Display Periods FNotpplicable rperiods
Max. Sign Area 6 sf. 119 sf.
Max. Height
4 ft.
14 ft.
Sec. 14.08.009, Master Sign Program
a. Purpose. The purpose of a master sign program is, to allow for a unified presentation of signage
throughout parcels proposed for development, as well as flexibility to provide for unique
environments.
b. Applicability. The master sign program alternative is applicable to a single -tenant development that
exceeds 25,000 square feet of gross floor area or a multi -tenant development that exceeds 10,000
square feet of gross floor area in the following zoning districts:
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1. College and University (CU);
2. General Commercial (GC);
3. Light Industrial (LI); or
4. Heavy Industrial (HI).
c. Approval Criteria. The Administrator may approve a master sign program for a multi -tenant or mixed
use development if as proposed it will result in a substantially improved, comprehensive, and unified
proposal, as provided in Subsections a through h below, compared to what is allowed through strict
compliance with all other provisions of this Article. The Administrator shall review all sign types (e.g.,
attached, freestanding, or temporary, etc.) for the parcel or parcels proposed for development, to
determine the degree of compliance with this Article as a supplement to, or in lieu of the sign standards
otherwise applicable. Any deviations to the number, dimensions, locations, or design characteristics of
attached or freestanding signs that are sought by an applicant shall be justified in writing, and shall
clearly demonstrate a standard of design and quality that exceeds those set out in this Article. Such
demonstration may include any or all of the following:
1. Construction of brick or natural stone;
2. Consistent sizes, styles, and colors across the development;
3. Use of landscaping around the sign base;
4. Use of channel lettering;
5. Greater spacing between signs along street frontages;
6. Fewer total number of signs; and/or
7. Signs of reduced heights and areas.
d. Standards for all Master Sign Programs. Standards and permissions of master sign programs are as
follows:
1. Generally. Subject to compliance with a master sign program that is approved according to the
flexibility criteria set out in this Articles, signs that are proposed as part of a master sign
program may deviate from the standards of this Chapter in terms of the:
a. Types and numbers of signs allowed;
b. Maximum sign area; and
c. Materials and illumination standards (including electronic message centers),
2. Prohibited Signs and Sign Elements. Prohibited signs and sign elements are not eligible for
inclusion in a master sign program unless specifically indicated in this Chapter.
3. Architectural Theme. All signs shall be architecturally integrated into or complimentary to the
design of the buildings and character of the site, and shall use similar and coordinated design
features, materials, and colors. The master sign program shall establish an integrated
architectural vocabulary and cohesive theme for the parcel(s) proposed for development.
e. Conditions of Approval. The Administrator may impose reasonable conditions on the master sign
program relating to the design, materials, locations, placements or orientations, and sign
specifications that are not related to the content of the signs or the viewpoints of the sign users, in
order to ensure continuing compliance with the standards of this Article.
E Submittal Requirements. See Sec. 14.12.005(d), Master Sign Program Application Requirements.
Sec. 14.08.010, Removal of Substandard Signage
a. Generally. Any and all signs determined to be substandard within the municipal limits of the City shall
be removed.
b. Determination of a Substandard Sign. A sign is determined by the City to be substandard when in
the opinion of the Administrator the sign fails to meet any of the following requirements: 0
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1. The structure supporting the sign is damaged or frame members are visibly bent,
broken, dented, or torn;
2. The sign face is visibly torn, cracked or splintered;
3. The sign or its elements are not in compliance with the requirements of the current
electrical code and/or the building code of the City;
4. The sign or its supporting structure is twisted or leaning or at angles other than those
at which it was originally erected (such as may result from being blown or the failure
of a structural support);
5. Any portion of a sign's message or wording cannot be clearly read by a person with
normal eyesight under normal viewing conditions;
6. There is visible rust or any other visible deterioration of the sign that creates an
unsightly image for the viewer; or
7. The sign is missing any component or portion of a component that existed when it
was originally permitted by the City.
Sec. 14.08.011, Nonconforming Signs and Billboards
See Sec. 14.09.006, Nonconforming Signs and Billboards.
Sec. 14.08.012, Murals
a. Generally. Any and all paintings on a wall, regardless of whether or not the intent is to advertise or not,
shall be considered a mural. Murals require a sign permit, however the City has limited review in
permitting.
b. Approval Criteria. Approving or denying a proposed sign permit considered to be a mural shall be
limited to ensuring that the proposed mural is not an obscenity.
c. Submittal Requirements. See Sec. 14.12.005, Sign Permits.
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Article 14.09 — Nonconformities
Sec. 14.09.001, Purpose and Applicability
a. Purpose. Because there are locations within the City where development has existed for generations,
the application of new regulations to existing development will create situations in which existing lot
dimensions, land uses, building, structures, and signs do not strictly comply with the new ordinance,
even though they complied with the regulations at the time they were permitted and constructed. The
fact that these nonconformities were at one time conforming means that they are now considered
"legally nonconforming" and therefore will be permitted to continue without immediate retrofit or
removal until significant site or land use changes are proposed. This Article sets out equitable rules for
whether, when, and how the regulations of this Chapter apply to existing development.
b. Applicability. This article applies to uses, buildings, structures, lots, and signs that were lawfully
constructed or established, but do not conform to the requirements of this Chapter or Chapter 10,
Subdivision Regulations.
Sec. 14.09.002, General Regulations
a. No Enlargement of Nonconformity. There shall be no enlargement or extension of any type of
nonconformity. This shall apply to all nonconforming uses, buildings, structures, lots, and signs.
b. Repair, Maintenance, and Restoration. Any and all necessary repairs and maintenance work on any
building or structure which is nonconforming or building or structure housing a nonconforming use is
permitted provided that the repairs and construction work completed on said building complies with
Art. 3.03, Buildings, of the City Code.
c. Abandonment of Premise. When a nonconforming use of a structure, or structure and premises in
combination, is abandoned for six consecutive months or for 18 months during any three-year period,
the structure, or structure and premises in combination, shall not thereafter be used except in
conformance with the current regulations of the district and this Chapter.
Sec. 14.09.003, Nonconforming Uses
a. No Movement on Lot. A nonconforming use shall not be moved in whole or in part to any other
portion of the lot occupied by such use at the effective date of adoption of this ordinance.
b. Cessation of Use. If any nonconforming use of land ceases for any reason for a period of more than 60
days, any subsequent use of such land shall conform to the regulations specified by this ordinance for
the district in which such land is located.
c. Transfer of Ownership. Change in ownership does not affect the new owner's ability to continue a
nonconforming use provided that he or she is in compliance with this Article
Sec. 14.09.004, Nonconforming Buildings and Structures
a. Generally. Where a lawful structure exists at the effective date of adoption of this Chapter that could
not be built under the terms of this Chapter by reason of restrictions on area, lot coverage, height,
yards, or other characteristics of the structure or its location on the lot, such structure may be
continued so long as it remains otherwise lawful, subject to the following provisions:
1. Increase in Nonconformity Prohibited. No such structure may be enlarged or altered in any way
which increases its nonconformity.
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181
2. Movement of Structure. Should any on-site structure be moved for any reason for any distance
whatever, it shall thereafter conform to the regulations for the district in which it is located after
it is moved.
3. Minimum Floor Area. A residential dwelling unit having a lesser floor area at the time of the
passage of this ordinance than the minimum floor area required for the district in which it is
located shall not be construed to be nonconforming.
b. Effect of Fire or Natural Destruction.
1. Complete Destruction. A nonconforming use shall not be extended or rebuilt in case of
obsolescence or total destruction by fire or other causes.
2. Partial Destruction.
a. Less than 50 Percent Destruction. In the case of partial destruction by fire or other causes
not exceeding 50 percent of its value, the Administrator shall issue a permit for
reconstruction if a permit is requested by the landowner.
b. Greater than 50 Percent Destruction. If the destruction of the nonconforming building or
structure is greater than 50 percent of its value, it shall be removed and any replacement
shall be a conforming structure.
Sec. 14.09.005, Nonconforming Lots
a. Generally. A lot shall be deemed to be nonconforming if the lot does not meet any lot requirement that
is not zoning district specific (See Tables 14.05.002, Rural and Residential Development Standards and
Table 14.05.003, Nonresidential and Mixed Use Standards.)
b. Lots Not in Compliance with Zoning Specific Regulations. A legal lot that does not meet the
minimum district requirements of either Sec. 14.05.002, Standards for Residential Development or Sec.
14.05.003, Standards for Nonresidential and Mixed Use Development, with respect to minimum lot area
or minimum lot width may have a primary structure built upon it if:
1. The use is permitted in the zoning district in which the lot is located;
2. The lot has sufficient frontage on a public street to provide access that is appropriate for the
proposed use; and
3. The proposed development will comply with all other applicable development standards of this
Chapter.
Sec. 14.09.006, Nonconforming Signs and Billboards
a. Generally. Any permanent signor billboard that does not conform to the provisions of Art. 14.08, Signs,
is a "legally nonconforming" sign or billboard, provided that the sign or billboard was:
1. Authorized by a sign permit prior to the effective date of this Chapter;
2. Not subject to an applicable law, when it was installed; or
3. Installed prior to the sign being annexed into the City.
b. Standards.
1. Sign Damage. A nonconforming sign or billboard damaged by fire, wind, age, obsolescence, or
other cause in excess of 50 percent of its replacement cost shall be considered to have been
destroyed and may not be restored except in conformance with Art. 14.08, Signs.
2. Removal of Signs and Billboards other than for reasons of Repair or Maintenance.
a. Generally. If a nonconforming sign is removed for any reason other than routine repair
or maintenance, it shall, thereafter, conform to Art. 14.08, Signs.
b. One Time Exemption. A billboard may be replaced or upgraded one time subsequent to
the effective date of this ordinance without being required to come into full compliance
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with this Chapter. Prior to completion of the upgrade an applicant must file and receive
approval for the one-time upgrade via Sec. 14.12.005, Sign Permit.
3. Danger to Public Safety. Nonconforming signs or nonconforming billboards that are a danger to
public safety due to damage or wear shall be removed replaced in accordance with Art. 14.08,
Signs.
c. Temporary Signs. Signs are temporary in nature and not in compliance with Sec. 14.08.008,
Temporary Signs, shall be removed.
Sec. 14.09.007, Mitigation of Nonconforming Uses
a. Generally. Many nonconforming uses have existed for a period of time, and some may have only
recently become nonconforming. In some instances, a nonconforming use is an integral part of the
neighborhood's character and function. One of the purposes of zoning regulations is to protect
neighborhoods. Therefore, if the community is comfortable with a particular use, the classification
"nonconformity" and restriction on investment may not be what the community desires. Under such
conditions, the use may be mitigated and made conforming to remove the stigma associated with the
designation as a "nonconformity." The provisions of this section establish procedures for bringing
nonconformities into conformance.
b. Procedure. An owner of a nonconforming use may apply for a special use permit which has the effect
of making the nonconforming use conforming.
c. Criteria for Approval. A nonconformity shall be approved as a conformity, if, in addition to the criteria
for approval of a special use permit (See Sec. 14.13.004), the following is demonstrated:
1. Minimal Nonconformity. The use, as conducted and managed, has been integrated into the
neighborhood's function. Evaluation criteria include:
a. The neighborhood residents regularly patronize or are employed at said use (for
nonresidential uses).
b. Management practices eliminate nuisances such as noise, light, waste materials, congested
on -street parking, or similar conflicts. A history of complaints is justification for denying a
special use permit request unless the conditions of the permit will eliminate the nuisances.
c. The use has been maintained in good condition or its classification as a nonconformity
represents a disincentive for such maintenance.
2. Conditional Approval. Conditions may be imposed relative to the expansion of bufferyards,
landscaping, or other site design provisions, or other limitations necessary to ensure that, as a
conforming use, the use will not become a nuisance. Such conditions may relate to the lot,
buildings, structures, or the operation of the use.
d. Public Notice. See special use permit requirements under Sec. 14.11.006, Public Notice.
e. Post -Approval Letter. Should the application be granted conforming status, the applicant shall be
provided with a letter in writing confirming the Board's decision.
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Article 14.10 — Administrative Bodies
Sec. 14.10.001, Administrator
a. Right of Inspection. The Administrator is empowered to enter any building, structure, or premises in
the City upon which a development or land use is located, as follows:
1. Entry shall be for the purpose of inspection to ensure compliance;
2. Inspection shall be performed during business hours, unless an emergency exists; and
3. Inspection shall be made only after:
a. Contact and permission is granted by the owner or tenant; or
b. An order from a court of competent jurisdiction.
b. Recommendations. The Administrator shall make a report and recommendations with regard to all
applications requiring approval from the Zoning Ordinance.
c. Decisions. The Administrator shall:
1. Establish deadlines for how far in advance an initial application must be submitted to be
reviewed by either the City Council and/or the Planning and Zoning Commission;
2. Provide application materials for applicants;
3. Schedule all Development Review Committee (DRC) meetings;
4. Decide all approvals as defined in Sec. 14.11.001, Table ofAdministrative and Public Meeting
Approvals; and
5. Submit in writing to an applicant and specific conditions required as a part of conditional
approval for any and all applications.
Sec. 14.10.002, Airport Zoning Board
See City of Plainview Code of Ordinances, Art. 1.14, Airports.
Sec. 14.10.003, City Council
a. Home Rule Charter. The City Council is established by City of Plainview Home Rule Charter, Article IL
City Council.
b. Powers and Duties. The City Council reserves to itself all of the powers and duties that are not
expressly delegated within this Chapter of the Code of Ordinances.
Sec. 14.10.004, Development Review Committee
a. Generally. A regulatory body to be known as the Development Review Committee (DRC) is hereby
established for the purpose of:
1. Administering the requirements of this Chapter of the Code of Ordinances;
2. Ensure that all information necessary to determine compliance with this Chapter of the Code of
Ordinances has been provided;
3. Formulating staff recommendations;
4. Rectifying review comments between City departments and referral agencies; and
5. Providing cohesive and timely review of subdivision applications.
b. Membership.
1. The DRC shall be comprised of the City staff designated by the Administrator and
representatives from each referral agency that reviews development projects in conjunction
with the City.
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2. Based on the nature of a development, DRC meetings can be limited to those staff and agencies
affected by the development, or can be expanded to include additional agencies or staff with
review responsibilities.
c. Powers. The DRC shall have the role to review and provide technical recommendations concerning any
application specified in this Chapter of the Code of Ordinances. It does not have the power to grant a
variance or change zoning classification.
d. Meetings. DRC meetings shall be convened by the Administrator, as necessary.
Sec. 14.10.005, Planning and Zoning Commission
a. Creation. The City Council adopted Ordinance 19-3690, creating an advisory board known as the
Planning and Zoning Commission to monitor and implement the City's Zoning Ordinance.
b. Membership.
1. Generally. The Commission shall consist of seven members, each to be appointed by the City
Council for a term of two years and serve at the pleasure of the council.
2. Vacancies. Vacancies shall be filled for the unexpired term of any member, whose place becomes
vacant for any cause, in the same manner as the original appointment was made.
3. Terms of Service. Four members shall serve until January 1 of odd -numbered years, and three
members shall serve until January 1 of even -numbered years, and thereafter each member
reappointed or each new appointee shall serve for a full term of two years unless removed as
hereinabove provided.
4. Alternate Members. The City Council may also appoint alternate members to the Commission
who shall serve in the absence of one or more of the regular members when requested to do so
by the chairman of the Commission. These alternate members, when appointed, shall serve for
the same period as the regular members, which is for a term of two years, and any vacancy shall
be filled in the same manner and they shall be subject to removal by the same means and under
the same procedures as the regular members.
c. Rules and Regulations.
1. Minutes. The Commission shall keep minutes of its proceedings, showing the vote of each
member upon each question or, if absent or failing to vote, indicating such fact, and shall keep
records of its examinations and other official actions, all of which shall be immediately filed in
the office of the Commission and shall be public record.
2. Action. The Commission shall act by resolution in which, at least, four members must concur to
grant approval of the applicant's request.
3. Attendance. Each member of the Commission shall attend no less than 75 percent of the regular
meetings called by the officers of the Commission. The secretary of the Commission shall make
a quarterly report to the Mayor and City Council showing the attendance of each member of the
Commission. Any representative failing to attend 75 percent of the regular meetings legally
called during any calendar year without an excused absence, as determined by a majority vote
of the Commission members, shall be automatically disqualified for service on the Commission
and shall be replaced by the City Council.
4. Membership Disqualification. Should any member of the Commission move from the City or
otherwise become disqualified for any reason, he/she shall be deemed to have vacated the
office.
5. Terms of Service. There shall be no limit on the number of terms a member may serve, provided
the member is reappointed by the City Council.
6. Open Meetings. All business shall be conducted in accordance with the State of Texas Open
Meetings Act and other laws applicable to local public bodies.
d. Duties and Responsibilities. The Planning and Zoning Commission is hereby charged with the duty
and invested with the authority to:
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1. Comprehensive Plan. Recommend to the City Council for its adoption updates to its
Comprehensive Plan to facilitate the movement of people and goods, and the health, recreation,
safety and general welfare of the citizens of the City.
2. Zoning Ordinance Amendments. Recommend Zoning Ordinance Amendments to carry out the
goals of the City's plan; hold public hearings and make recommendations to the City Council
relating to the creation, amendment, and implementation of Zoning Ordinance Amendments as
authorized under state law.
3. Decisions. Decide all approvals as defined in Sec. 14.11.001, Table ofAdministrative and Public
Meeting Approvals;
4. Other Duties. Work on any other planning and zoning related issue as deemed necessary by the
City Council.
5. Subdivision Regulations. See Sec. 10.04.006, Planning and Zoning Commission.
Sec. 14.10.006, Zoning Board of Adjustment (ZBA)
a. Creation. A Zoning Board of Adjustment (ZBA) was reestablished by Ordinance 19-3690 in accordance
with the provisions of Texas Local Government Code, § 211.008 - 211.010.
b. Membership.
1. Generally. The ZBA- shall consist of five members, each to be appointed by the City Council for a
term of two years and removable for cause by the appointing authority upon written charges
and after public hearing.
2. Vacancies. Vacancies shall be filled for the unexpired term of any member, whose place becomes
vacant for any cause, in the same manner as the original appointment was made. Three
members shall serve until January 1 of odd -numbered years, as heretofore appointed, and two
members, as heretofore appointed, shall serve until January 1 of even -numbered years, and
thereafter each member reappointed or each new appointee shall serve for a full term of two
years unless removed as hereinabove provided.
3. Alternate Members. The City Council may also appoint alternate members of the Board who
shall serve in the absence of one or more of the regular members when requested to do so by
the chairman of the Board, so that all cases to be heard by the Board will always be heard by a
minimum number of four members. These alternate members shall serve for a term of two
years. Any vacancy shall be filled in the same manner and they shall be subject to removal by
the same means and under the same procedures as the regular members.
c. Rules and Regulations.
1. Minutes. The Board shall keep minutes of its proceedings, showing the vote of each member
upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of
its examinations and other official actions, all of which shall be immediately filed in the office of
the Board and shall be public record.
2. Action. The Board shall act by resolution in which at least four members must concur to:
a. Reverse an order, requirement, decision or determination of an administrative official;
b. Decide in favor of an applicant on a matter on which the board is required to approve; or
c. Authorize a variation from the terms of a zoning ordinance that is permitted with Board
approval.
3. Attendance. Each member of the Commission shall attend no less than 75 percent of the regular
meetings. Any representative failing to attend 75 percent of the regular meetings legally called
during any calendar year without an excused absence, as determined by a majority vote of the
Commission members, shall be automatically disqualified for service on the Commission and
shall be replaced by the City Council.
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4. Membership Disqualification. Should any member of the Commission move from the City or
otherwise become disqualified for any reason, he/she shall be deemed to have vacated the
office.
5. Terms of Service. There shall be no limit on the number of terms a member may serve, provided
the member is reappointed by the City Council.
d. Powers and Duties of the Board.
1. Decisions. Decide all approvals as defined in Sec. 14.11.001, Table ofAdministrative and Public
Meeting Approvals.
2. Appeals. The Board shall have the power to hear and decide appeals where it is alleged there is
error of law or interpretation of this ordinance in any requirement or determination made by
the Administrator in regards to this Chapter.
3. Limitation on Reapplications. When the Board has denied a proposal, no new applications of
similar nature shall be accepted by the Board or scheduled for 12 months after the date of
Board denial. Applications which have been withdrawn at or before the Board meeting may be
resubmitted at any time for hearing before the Board.
4. Limitation of Board's Authority. The Board shall have no authority to change any provisions of
any ordinance. Its jurisdiction is limited to hardship and borderline cases which may arise. The
Board may not change the district designation of any land either to a more or less restrictive
zone.
5. Administrator Decision Required Prior to Any Board Action.
a. All development applications and questions of interpretation and enforcement shall be
first presented to the Administrator who shall have officially replied to the applicant
prior to any request being presented to the Board.
b. An applicant shall have the right to appeal any decision of the Board to the courts as
provided by the laws of the State of Texas.
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Article 14.11— Standardized Development Procedures
Sec. 14.11.001, Table of Administrative and Public Body Approvals
Table 14.11.001
Administrative and Public Body Approvals
Cross -
Permit Plan Required For Tirning Exceptions Issued By reference'
Installation or Prior to installing or Sec. 14.12.001,
substantial
Billboard Permit modification of any substantially None Administrator $50 Billboard Permit
modifying a billboard
billboard
Construction,
reconstruction,
See Sec.
Art. 3.03,
improvement, or
Prior to
3.03.004,
Buildings, and
Building Permit
repair of any building
commencement of
None
Administrator
Building
Sec. 10.06.002,
or structure for which
construction
Permit Fees
Building Permit
an additional permit or
approval is required.
Occupancy of buildings
and structures
including new,
Sec. 14.12.003,
Certificate of
reconstruction, and
Prior to Occupancy
None
Administrator
$25
Certificate of
Occupancy
the conversion of
Occupancyresidential
to non-
residential and vice -
versa
Floodplain
Development
See Sec. 3.13.032, Permit Development Procedures
Permit
Installation or
substantial
Prior to installing or
See Sec.
Sec. 14.12.005,
Sign Permit
modification of any
substantially
14.08.002(b),
Administrator
$25
Sign Permit
sign that is not
modifying a sign
Exceptions
exempt.
All new development,
redevelopment,
expansion, or
Sec. 14.12.006,
Site Development
substantial
improvement for
Prior to issuance of a
None
Administrator
$50
Site
Development
P
building permit
Plans
mixed-use, multi-
Plans
family residential, and
non-residential
development types
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Table 14,11.001
RequiredAdministrative and Public Body Approvals
For Timing Exceptions
The operation of any
land use that is Prior to the operation Sec. 14.12.007,
Temporary Use regulated by of any Temporary None Administrator $50 Temporary Use
Permit Temporary Use Use Permit
Standards per Table
14.04.004.
Prior to any building
Changes to the
or structure
modifications or
Planning and
Sec. 14.13.001,
Certificate of
exterior of any building
redevelopment
None
Zoning
$50
Certificate of
Appropriateness
or structure within the
where changes to the
Commission
Appropriateness
DT Zoning District
exterior appearance
will occur.
Demolition or removal
of any building or
Certificate of
structure either
Prior to any
Planning and
See Sec.
Sec. 14.13.002,
Demolition or
located within the
Downtown (DT) Zoning
demolition or
None
Zoning
3.03.004,
Building
Certificate of
Demolition or
Removal
District or designated
removal
Commission
Permit Fees
Removal
as a historic building or
landmark.
Prior to any land
Sec. 14.13.003,
Comprehensive
Applications that are in
development
application requiring
None
City Council
$50
Comprehensive
Plan Amendment
conflict with the plan.
conformance with
plan
Amendment
the plan
The operation of any
Prior to the operation
land use that is
of any land use that is
Sec. 14.13.004,
Special Use Permit
regulated by Special
designated as a
None
City Council
$50
Special Use
Use Standards per Sec.
special use
Permit
14.04.004.
Text additions and
Sec. 14.13.005,
Text Amendment
changes to this
N/A
None
City Council
$50
Text
Chapter
Amendment
Prior to any change in
Zoning MapChanges
to the City's
land use other than
Sec. 14.13.006,
Amendment
those that are
None
City Council
$100
Zoning Map
(Rezoning)
Zoning Map
permitted in the
Amendment
respective district
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Sec. 14.11.002, Pre -application Conference
a. Applicant Responsibilities. An applicant shall:
1. Consult early and informally with the Administrator; and
2. Avail himself to the advice and assistance of the Administrator;
b. Administrator Responsibilities. The Administrator shall:
1. Informally confer with the applicant.
2. Advise and assist the applicant in procedure for approval of plats and on regulations and policies
of the City regarding development either within the corporate limits of the City or within the
City's ETj.
Sec. 14.11.003, Application Filing Process
a. Generally. Every process established by this Chapter of the Code of Ordinances shall be submitted on a
form approved by the City with the appropriate application fee in accordance with the City's Schedule
of Fees.
b. Revision of Form. The City may revise any applicable form to comply with any new or revised
requirements of this Chapter.
Table
00
Permit / Plan
Administrative
Required For
and Public
Timing
Body Approvals
Exceptions Issued By
Fee
Cross -
reference'
Prior to a building
permit for
Approval of a setback
improvements where
Sec. 14.13.007,
Special Exception
requirement that is
a special exception is
N/A
Zoning Board
$50
Special
Carport Approval
not met via Article
required;
of Adjustment
Exception
14.05.
concurrently with
other development
Deviation from the
Prior to a building
standards of this
permit for
Chapter when literal
improvements which
Zoning Board
Sec. 14.13.008,
Variance
enforcement of the
a variance is
None
of Adjustment
$50
Variances
ordinance would result
required;
in unnecessary
concurrently with
hardship
other development
Appeals to
Appeals from decisions
Planning and
Planning and
of City Staff
Within 15 days of the
None
Zoning
$200
Sec. 14.13.009,
Zoning
(Administrator, Public
decision
Commission
Appeals
Commission
Works Director, etc.)
Appeals to Zoning
Appeals from decisions
Within 15 days of the
Zoning Board
$200
Sec. 14.13.009,
Board of
of the Planning and
decision
None
of Adjustment
Appeals
Adjustment
Zoning Commission
TABLE NOTES:
1 Cross-references are provided for convenience only and do not exempt the application from complying with all applicable standards
of this Chapter, any other provision within the City's Code of Ordinances, or state law.
Sec. 14.11.002, Pre -application Conference
a. Applicant Responsibilities. An applicant shall:
1. Consult early and informally with the Administrator; and
2. Avail himself to the advice and assistance of the Administrator;
b. Administrator Responsibilities. The Administrator shall:
1. Informally confer with the applicant.
2. Advise and assist the applicant in procedure for approval of plats and on regulations and policies
of the City regarding development either within the corporate limits of the City or within the
City's ETj.
Sec. 14.11.003, Application Filing Process
a. Generally. Every process established by this Chapter of the Code of Ordinances shall be submitted on a
form approved by the City with the appropriate application fee in accordance with the City's Schedule
of Fees.
b. Revision of Form. The City may revise any applicable form to comply with any new or revised
requirements of this Chapter.
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c. Schedule of Fees. No permit, certificate, special exception, or variance shall be issued unless and until
such costs, charges, fees, or expenses, as set out in Table 14.11.001, Table ofAdministrative and Public
Meeting Approvals, are paid.
Sec. 14.11.004, Application Completeness Review
a. General. Upon receipt of an application pursuant to this Chapter, the Administrator shall provide the
applicant with a dated receipt. Within 10 business days of receipt of an application, the Administrator
shall review the application and determine if:
1. The application includes all required materials and information; and
2. Those parts of the application which are required to be prepared by licensed professionals are,
in fact, prepared by such professionals.
b. Determination of Completeness.
1. If the application is complete, the Administrator shall notify the applicant in writing of this
determination and require the applicant to provide a sufficient number of copies of the
application.
2. No application is complete until all up -front fees for review are paid. The time period for
processing an application after completeness review does not start unless the fees are paid.
3. Once an application has been accepted by the Administrator, the filing fee is non-refundable.
c. Determination of Incompleteness. If the application is incomplete, the Administrator shall notify the
applicant in writing, specifying the additional materials or information required to complete the
application. The applicant shall provide these materials within 10 business days of the request or the
application will be withdrawn. An application that is withdrawn may be re -filed at a future date
however a new filing fee will be required.
Sec. 14.11.005, Inactive and Expired Applications
a. Generally. Applications must be diligently pursued by the applicant. This Section extinguishes
applications that become stale due to applicant inaction.
b. Expiration of Inactive Applications.
1. An application becomes an "inactive application" for failure to comply with this Chapter,
preventing it from being docketed for action or approved.
2. Inactive applications become "stale" after 90 days of the filing of the application if the applicant
fails to address staff or referral agency review comments to allow further processing of an
application, unless the applicant is actively pursuing action to address comments with staff, in
which case the application shall become stale after 180 days of the date when the action was
originally requested.
3. Stale applications are automatically voided six months after the original date when the action
was requested if the applicant fails to take action or requests an extension of time for cause.
4. Application fees will not be refunded for any inactive or expired application. A full resubmittal
shall be required including a new application and fees.
c. Extension of Time.
1. Prior to the expiration of an inactive plat, the application may be extended for up to six months
upon written request of the applicant for cause only; and
2. If the City amends this Chapter or adopts other regulations during the period of time when the
application was inactive or stale, the application shall:
a. Not be subject to compliance to the new regulations until the original application is
considered to be voided; and
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b. The application shall be subject to the new regulations and ordinances if the period of
time to request an extension lapses.
3. A stale application shall expire after a six month extension lapses and if an extension was not
requested.
d. Effect of Expiration. Applications that expire pursuant to this Section are automatically null and void
without further notice or action by the City.
Sec. 14.11.006, Public Notice
a. Generally.
1. Notice by Publication, when required, shall be provided in accordance with the requirements of
the Texas Local Government Code (TLGC).
2. Notice by Mail, when required, shall be provided to each owner, as indicated by the most
recently approved municipal tax roll of real property.
3. Table 14.11.006, Required Notice, sets out the specific notice requirement for each type of
application where notice is required.
b. Content of Notice. Notice shall include:
1. The date, time, and place of the hearing;
2. Staff contact and phone number, a description, address, or location of the matter to be heard,
and a statement that the public is invited to review and comment on the application.
c. Time of Hearing. For all matters properly brought before the City Council or the Planning and Zoning
Commission, the City shall select a reasonable time and place for such hearing provided; however, that
such time shall be no later than 45 days following the submission of a complete application per Sec.
14.11.004, Application Completeness Review.
d. Computation of Time. In computing the time periods for notice, the day of mailing, publication, or
posting shall not be counted, but the day of the public hearing shall be counted.
e. Constructive Notice.
1. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the
notice in a bona fide attempt to comply with applicable notice requirements. Minor defects in
notice shall be limited to errors in a location map, typographic or grammatical errors, or errors
of actual acreage that do not impede communication of the notice to affected parties.
2. If questions arise at the public hearing regarding the adequacy of notice, the administrative
body shall direct City staff to make a formal finding as to whether there was substantial
compliance with the notice requirements of this Chapter and the TLGC. City staffs findings
shall be made available to the administrative body prior to final action on the request.
191
Table 14.11.006 ' Required Notice
.• of Application
Certificate of Appropriateness
Not Required
Required
Certificate of Demolition or Removal
Not Required
Required
Comprehensive Plan Amendment
Not Required
Required
(TLGC 213.003)
Text Amendment
Not Required
Required
(TLGC 211.006)
—
Special Use Permit
Required'
Required
Zoning Map Amendment
Required 1
Required
(TLGC 211.006)
Variance (TLGC 211.009)
Not Required
Required
Appeals (TLGC 211.010)
Required2
Required
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Table 14.11.006, Required Notice
TABLE NOTES:
1. To owners of property within 200 feet.
2. TLGC § 211.010(d) requires "due notice to the parties in interest". At a minimum, this shall include the original applicant and the
persons who are the party to the appeal.
Article 14.12 — Administrative Approvals: Permits and Procedures
Sec. 14.12.001, Billboard Permit
a. Permit Required. A billboard shall not hereafter be erected, altered or maintained except as provided
by Sec. 14.08.002, Off -Site Advertising and Billboard Regulations, and after a permit has been issued by
the Administrator.
b. Application for Permit. Billboard permit applications shall:
1. Be made in writing on forms furnished by the Administrator;
2. Contain the location by street and number of the proposed billboard; and
3. Contain the name and address of the owner of both the property and the proposed billboard.
Sec. 14.12.002, Building Permit
No building permit shall be granted unless an applicant is in compliance with all applicable provisions of
this Chapter, including Art. 3.13, Floodplain Development, and Sec. 14.12.006, Site Development Plans, and
all other applicable provisions of the City's Code of Ordinances.
Cross References - Sec. 10.06.002, Building Permit, Arc 3.03, Buildings, Sec. 14.13.001, Certificate of
Appropriateness
Sec. 14.12.003, Certificate of Occu
a. Generally.
1. No building may be occupied in the City without a Certificate of Occupancy permit as required
by this Section.
2. No building shall be changed from a residential to a nonresidential use or vice -versa until a
Certificate of Occupancy has been issued by the Administrator.
b. Application. Each application for a Certificate of Occupancy permit shall be accompanied by a final plat
in duplicate, drawn to scale, showing:
1. The name of the person making the application;
2. The actual dimensions of the lot to be built upon;
3. The size, shape, and location of the building to be erected; and
4. Such other information as may be necessary to provide for the enforcement of this Chapter.
c. Decision Criteria. Certificate of occupancy permits shall be issued only upon a finding that all
requirements of this Chapter and all other applicable portions of the City's Code of Ordinances have
been met.
d. Records. A record of all Certificates of Occupancy shall be kept on file in the office of the Administrator
and copies shall be furnished on request to any interested person.
Sec. 14.12.004, Floodplain Development
Cross -Reference - Art. 3.13, Flood Prevention
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Sec. 14.12.005, Sign Permits
a. Permits Required. A sign shall not hereafter be erected, altered or maintained except as provided by
Sec. 14.08.002, Permit Required, Exceptions, and after a permit has been issued by the Administrator. A
separate permit shall be required for a sign or signs for each business entity, and a separate permit
shall be required for each group of signs on a single supporting structure.
b. Application for Permit. Sign permit applications shall:
1. Be made in writing on forms furnished by the Administrator;
2. Contain the location by street and number of the proposed sign structure; and
3. Contain the name and address of the owner of the property where the sign is proposed to be
located.
c. Master Sign Program Application Requirements.
1. Generally. A master sign program application shall set out a master plan for signage for an
entire parcel or parcels proposed for development. For example, shopping center master sign
programs shall include all tenants and out parcels; and office or industrial parks shall include
all types of signs for way -finding and tenants or uses within the development.
2. Specific Submittal Requirements. Master sign programs shall include:
a. A depiction of all the signs that the applicant is requesting to deviate from the underlying
sign regulations;
b. Size, location and number of all signs, including area, letter height, and height.
c. Materials, styles (letter colors, background colors, text, fonts, etc.) and colors for all signs
subject to the master sign plan, including context of where signs are to be placed on any
given facade;
d. Proposed illumination (external, internal, etc.), including illumination levels;
e. Maximum numbers of items of information per sign face;
f. A design theme with illustrative examples of each sign type and the proposed general
locations of each sign type;
g. A demonstration that the master sign program will improve the aesthetics of the
development and will not have an adverse impact on the use, enjoyment, or value of
property in adjacent or nearby residential uses or districts; and
h. Landscaping and/or ornamental structures including fences, fountains, public art,
ground cover, and other landscaping elements that are intended to complement those
proposed signs that would deviate from the underlying sign regulations.
3. Duration. An approved master sign program shall expire two years from the date of such
approval if no progress has been made towards completion of the project, pursuant to Section
245.005 of the Texas Local Government Code, as amended.
4. Amendment Prior to expiration of the master sign program, the applicant may apply for an
amendment that alters the design, materials, locations, placements and orientations, and
specifications of the signs. The Sign Administrator may approve the amended master sign
program if it is consistent with this Section and does not increase the area or height of any
freestanding or wall sign subject to the original master sign program by more than 10 percent.
d. Billboard Permits. See Sec. 14.12.001, Billboard Permit
Sec. 14.12.006, Site Development Plans
a. Generally. A site development plan is required for all development, redevelopment, and substantial
improvement within the municipal boundaries of the City of Plainview.
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b. Application. All applications shall state the name(s) and address(es) of the owner, developer, and
applicant (if applicable) for the parcel proposed for development, and shall include all applicable fees
as required per Table 14.11.001, Table of Administrative and Public Meeting Approvals.
c. Submittal Requirements.
1. Format. A site development plan application shall be submitted in the following format:
a. Scale. One inch equals 100 feet;
b. Size. 24 x 36 inches;
c. Method of Submittal. Electronic PDF file format;
2. Locations Identified. The following showing items shall be accurately depicted on the plan:
a. All existing or proposed buildings, structures, or improvements;
b. All existing front, side, and back setback locations;
c. All proposed modifications to the external configuration of each building, structure, or
improvement (including all carports);
d. Open spaces and landscaped areas; and
e. Parking and loading with vehicular and pedestrian circulation.
3. Supplemental Plans Required.
a. Grading Plan. Grading plan showing the proposed grading of all land disturbing activities
on the site tied to existing grades with cut and fill slopes that shall be no greater than a
three to one ratio, except as approved by the City to meet other community or
environmental objectives.
b. Engineering Plan. Engineering plans for water, sewer, and other utilities, as well as
street(s) and parking construction.
c. Drainage Plan. Drainage plan showing all detention/retention facilities providing for a
100 -year storm and storm sewers or surface drainage providing for a 25 -year storm.
d. Landscaping Plan. Landscaping plan showing trees to be removed or preserved, and new
landscaping delineating and annotating canopy, shrub, and ground covering plantings
along with any additional buffering requirements per Art. 14.07, Landscaping and
Buffering.
e. Lighting Plan. A lighting plan showing the location and design of fixtures and illumination
levels across the property and into neighboring properties is required in accordance
with Sec. 14.06.003, Lighting.
d. Exceptions. A site development plan is not required for the following activities:
1. Construction of a building addition that does not exceed 15 percent of the gross floor area or
that does not require an expansion in the number of parking spaces exceeding 15 percent;
2. Any emergency activity that is immediately necessary for the protection of life, property, or
natural resources; and
3. Existing nursery and agricultural operations conducted as a permitted principal and/or
accessory use.
Sec. 14.12.007, Temporary Use Permit
a. Permit Required. No person shall operate a temporary use in accordance with Table 14.04.004,
Temporary Use Standards within the corporate limits of the City without first obtaining a temporary use
permit.
b. Premises; Building Inspections. All temporary uses per Table 14.04.004, Temporary Use Standards,
shall be inspected by the administrator or his designee prior to the issuance of a temporary use permit.
c. Application Required. Any person desiring a temporary use permit for any temporary use in
accordance with Table 14.04.004, Temporary Use Standards shall make a written application no less
than 14 days prior to the starting date of the event or installation of the use, to the Administrator.
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Article 14.13 — Public Body Approvals: Permits and Procedures
Sec. 14.13.001, Certificate of Appropriateness
a. Generally. Land development applications within the Downtown (DT) Zoning District require a
Certificate of Appropriateness to ensure that all new development on the exterior of all buildings and
structures within the district are compatible with the requirements set out in Sec. 14.05.007, Historic
Standards for Downtown District.
b. Submittal Requirements. The applicant shall submit an electronic copy in PDF format which can be
easily printed clearly showing all detailed plans, elevations, perspectives, specifications and other
documents to the Administrator for work on the exterior of a building within the DT Zoning District
regardless of whether or not a building permit is required.
c. Public Hearing.
1. Next Available Regular Meeting. The Planning and Zoning Commission shall hold a public
hearing on the application at its next available regular meeting.
2. Approval Criteria. If the Commission finds the proposed work of a nature which will not
adversely affect any significant architectural or historical feature of the designated DT District;
and is appropriate and consistent with the spirit and purposes of this section, it shall forward
its recommendations to the applicant and to the administrator within five days after the Public
Hearing.
3. Disapproval Criteria. If the Commission finds that the proposed work will adversely affect or
destroy any significant architectural or historical feature within the DT District or is
inappropriate or inconsistent with the spirit and purposes of this section the Administrator
shall within five days of the public hearing, notify the applicant of the disapproval and of
changes in the application which are necessary for future approval.
4. Failure to Act. If no action has been taken by the Planning and Zoning Commission within 30
days of original receipt by the Commission, approval shall be deemed issued by the
Commission, and the Administrator shall so advise the applicant.
5. Notification Requirements. See Sec. 14.11.006, Public Notice.
d. Resubmittal. After a decision is reached by the Planning and Zoning Commission denying an
application for a Certificate of Appropriateness, a resubmittal of application will not be accepted for
additional hearing within 12 months from the date of final decision, except upon written request by the
applicant indicating that there has been a change in conditions or that all changes in the application as
recommended by the Commission have been made.
Sec. 14.13.002, Certificate of Demolition or Removal
a. Generally. A Certificate of Demolition or Removal is required prior to the commencement of removal
or demolition of any building or structure:
1. Located within the Downtown (DT) Zoning District; or
2. Designated by either the state or federal government as a historic building or landmark and
located within the municipal boundary of the City.
b. Public Hearing. The Commission shall hold a public hearing on the application at its next available
regular meeting.
c. Decision Criteria. In determining whether to grant or deny a request for a Certificate of Demolition or
Removal, the Commission shall consider:
1. The state of repair of the building;
2. The reasonableness of the cost of restoration or repair,
3. The existing and/or potential usefulness, including economic usefulness of the building;
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4. The purposes behind preserving the structure as a historic landmark;
5. The character of the neighborhood; and
6. All other factors the Commission deems it finds appropriate.
d. Disapproval Procedure. If the Commission determines that, in the interest of preserving historical
values, the structure should not be demolished or removed, it shall notify the Administrator that the
application has been disapproved; and the Administrator shall notify the applicant in writing of the
Commission's decision.
e. Failure to Act. If no action has been taken by the Planning and Zoning Commission within 60 days of
original receipt by the Commission of the application, a Certificate of Demolition or Removal shall be
deemed issued by the Commission; and the Administrator shall notify the applicant in writing.
f. Resubmittal Requirements. After a decision is reached by the Planning and Zoning Commission
denying an application for a Certificate of Demolition or Removal, the resubmittal of an application for
such a certificate will not be accepted for additional hearing within a 12 month period from the date of
final decision.
g. Appeals. Any applicant aggrieved by a ruling of the Commission under the provisions of this section
may, within 60 days after the ruling of the Planning and Zoning Commission, appeal to the City Council.
Following an appropriate public hearing within at least 30 days of the filing of a notice of appeal with
the City Clerk, the City Council may uphold or overturn the ruling of the Commission by a simple
majority vote.
Sec. 14.13.003, Comprehensive Plan Amendment
a. Purpose. Amendments to the Comprehensive Plan are for the general purpose of guiding coordinated
development of the City and its needs, and public health and safety.
b. Comprehensive Plan Amendments. Comprehensive Plan Amendments may be requested to amend to
a map or written text.
c. Criteria for Review of Plan Amendments. The following criteria shall be used to determine if an
amendment should be approved.
1. Amendment to a Plan Map. Sufficient evidence has been provided that the Plan Map amendment
meets the following criteria:
a. The proposed amendment is compatible with existing or planned land uses on adjacent
properties;
b. Adequate public utilities, facilities, and services are available or may be extended in an
efficient manner; and
c. The amendment is either
1. Warranted by changing conditions;
2. To correct an error;
3. To provide for the changes because of annexation; or
4. To address an unforeseen circumstance.
2. Amendment to the Plan Text. Sufficient evidence is provided showing that the text amendment
will:
a. Advance the goals, objectives, and policies of the Comprehensive Plan;
b. Address a legitimate public need; or
c. Is warranted by changing community conditions.
d. Amendment Procedures.
1. Initiation ofAmendment. The Commission, Council, or City staff may initiate a study or propose
amendments. Additionally, any person having a proprietary interest in property may make an
application for an amendment.
2. Application. A Comprehensive Plan Amendment, if filed by any person having a proprietary
interest in any property, shall include an application that clearly states the requested
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amendment along with a summary of the applicant's argument for why the amendment should
be approved.
3. Notice of Public Hearings. The City shall publish notice asset out in Sec. 14.11.006, Public Notice.
e. Planning and Zoning Commission Action.
1. The Commission shall hold a public hearing prior to taking action on the proposed amendment
to the Comprehensive Plan;
2. The proposed amendment shall be reviewed subject to the criteria set out in subsection c,
Criteria for Review of Plan Amendments, above;
3. The Commission shall make a written recommendation regarding a proposed amendment to
the City Council;
4. An affirmative vote of two-thirds of the entire voting membership of the Commission is
required to advance the proposed amendment to the City Council; and
5. In the event of an unfavorable recommendation, the Commission shall adopt Findings of Fact as
the basis for that decision.
f. Action by the City Council. The Council, upon receiving the written recommendation of the
Commission, shall determine whether to approve or denial the application using the procedures and
criteria as set out in subsection (c), Criteria for Review of Plan Amendments, and subsection (d),
Amendment Procedures.
g. Notification Requirements. See Sec. 14.11.006, Public Notice.
Sec. 14.13.004, Special Use Permit
a. Applicability. A Special Use Permit is required to:
1. Grant identified land uses in specific zoning districts to ensure that the use will be compatible
with surrounding land uses and appropriate at the proposed locations as set out in Sec. 2.02.03,
Residential Uses and Commercial Uses of the Home, and Sec. 2.02.04, Nonresidential Uses; or
2. Convert a nonconforming land use to become conforming per Sec. 14.09.007, Mitigation of
Nonconforming Uses.
b. Pre -Application Conference. Prior to filing a Special Use Permit, applicants shall schedule a Pre -
Application Conference, as set out in Sec. 14.11.002, Pre -Application Conference.
c. Submittal Requirements. The applicant shall submit the following minimum information in order to
apply for a Special Use Permit:
1. Completed application and the application fee;
2. The street address, location, legal description of the property affected, or a certified boundary
survey, plat, or site development plan of land area subject to the Special Use Permit;
3. A statement explaining the rationale for the Special Use Permit relative to the approval criteria
of Sec. 14.04.003, Special Use Standards, and if applicable, Sec. 14.09.007, Mitigation of
Nonconforming Uses; and
4. Any plans, operating data, and expert evaluation to explain the proposed use and to
demonstrate why the Special Use Permit, if granted, would be compatible with surrounding
development.
d. Staff Review Process. The Development Administrator shall formulate a staff report and
recommendation based on the applicable standards of either Sec. 14.04.003, Special Use Standards or
Sec. 14.09.00, Mitigation of Nonconforming Uses.
e. Review by the Planning and Zoning Commission.
1. Upon conducting a public hearing, the Commission shall consider and review the staff
recommendation and will formulate a recommendation for City Council consideration.
2. The Commission may establish conditions of operation, location, arrangement, or other aspects
of the land use deemed to be in the public interest and/or to assure compatibility with
surrounding development.
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3. If the Commission recommends denial, the Commission shall adopt findings of fact citing
specific approval criteria that were not satisfied.
E Records. The City shall maintain a file containing all documents relevant to the application and
disposition of Special Use Permit applications.
g. Notification Requirements. See Sec. 14.11.006, Public Notice.
Sec. 14.13.005, Text Amendment
a. Generally. Requests for amendments to the text of this Chapter maybe initiated by the request of the
Planning and Zoning Commission, City Council, or City Manager to amend, supplement, change, modify,
or repeal any portion of this Chapter that is not expressly required by Texas or Federal Law.
b. Processing of Application and Decision.
1. Notice of Public Hearings. The City shall comply with all notice requirements set out in Sec.
14.11.006, Public Notice.
2. Planning and Zoning Commission Recommendation.
a. The Planning and Zoning Commission shall hold a public hearing prior to taking action
on the proposed text amendment; and
b. The Commission shall make a recommendation regarding the proposed amendment to
the City Council.
c. Decision by City Council. The City Council shall:
1. Receive the written recommendation of the Commission and staff regarding the proposed
amendment.
2. Hold a public hearing prior to taking action on the proposed amendment.
3. By majority vote, approve or deny the amendment, or continue the item to a future meeting.
d. Criteria for Approval. The following criteria should be considered by the Commission and Council:
The proposed amendment:
1. Promotes the health, safety, and general welfare of the City;
2. Is consistent with other regulations within the City's Code of Ordinances; and
3. Is consistent with the policies of the most recent Comprehensive Plan for the City.
e. Non -Substantive Amendments. Notwithstanding the other provisions of this section, the City Council
may, by resolution:
1. Correct spelling or punctuation errors:
2. Cross-reference modifications (because another area of City Code has been moved or
amended);
3. Cross-reference errors; and
4. Other matters herein determined by the City Attorney to be non -substantive without be
required by law to comply any public notice requirement per either state law or Sec. 14.11.006,
Public Notice.
f. Nonconformities and Retroactive Cure of Violations.
1. The amendment of the text of this Chapter may transform a legally non -conforming situation
into a conforming one.
2. No petition for a text amendment shall be used expressly to cure, or to create, a violation of any
part of this Chapter.
g. Notification Requirements. See Sec. 14.11.006, Public Notice.
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Sec. 14.13.006, Zoning Map Amendment (Rezoning)
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a. Application.
1. Applicant Information. Amendment(s) may be initiated by the City Council or the Planning and
Zoning Commission or by an application of one or more owners of property affected by the
proposed amendment(s).
2. Pre -Application Conference. Prior to filing an application, applicants shall schedule a Pre -
Application Conference, as set out in Sec. 14.11.002.
3. Submittal Requirements.
a. A completed application form which describes the requested Zoning Map Amendment and
the rationale for the request;
b. Complete application fee;
c. The legal description and survey plat of the subject property; and
d. Any data requested by either the City Council or the Planning and Zoning Commission
necessary to demonstrate that the proposed zoning map amendment is in general
conformance with the most recently adopted version of the City's Comprehensive Plan.
b. Staff Review Process. The Administrator shall:
1. Ensure the application is complete, asset out in Sec. 14.11.004, Application Completeness
Review; and
2. In review of the application shall utilize the Approval Criteria listed in Subsection (c), below to
create a staff report to be presented to the Planning and Zoning Commission.
c. General Rezoning Approval Criteria. The City Staff, the Planning and Zoning Commission, and the
City Council shall use the following criteria when determining whether to approve or deny a zoning
map amendment (rezoning) request:
1. The character of the surrounding area is transitioning or being affected by other factors, such as
traffic, a new school, adjoining uses, or environmental issues;
2. The rezoning is necessary to allow a land use not anticipated by either this Chapter or
Comprehensive Plan;
3. The rezoning is consistent with the most recent Future Land Use Map adopted by the City
Council;
4. There will be benefits derived by the community and in the area where the amendment is
proposed; and
5. The amendment, if approved, would be compatible with the surrounding area and would not
constitute "spot zoning".
d. Requirements for Rezoning to Manufactured Housing (MH). Any applicant who wishes to rezone
property to the MH District must not be located:
1. Adjacent to any Suburban Residential (SR) or Mixed Residential (MR) Zoning District; or
2. On a local street as per Appendix A, Thoroughfare Map of Chapter 10, Subdivision Regulations.
e. Requirements for Rezoning from Suburban Residential (SR) to Neighborhood Commercial (NC).
Any applicant who wishes to rezone their property from Suburban Residential (SR) to Neighborhood
Commercial (NC) shall meet the following requirements:
1. The parcel proposed for rezoning must be on corner lot with one of the fronting streets being
classified as a collector or above as per Appendix A, Thoroughfare Map, of Chapter 10,
Subdivision Regulations;
2. Existing infrastructure including parking, loading, lighting, and adequate site access exist to
accommodate any and all of the permitted, limited, or temporary uses allowed in the NC Zoning
District per Table 14.03.004, Nonresidential Uses;
3. The proposed parcel of property is on the Eastern side of I-27; and
4. The proposed parcel of property must be consistent with the NC District requirements within
Art. 14.05, Lot, Density, Design, and Historic Standards.
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5. All requirements of Article 14.07, Landscaping and Buffering, shall be met.
f. Submittal of Plan and Agreement to Create a New Planned Development (PD). An application to
rezone a property must be accompanied with specific plans for the parcel of property that:
1. Meet the requirements of Sec. 14.02.006, Planned Development District Regulations; and
2. Approval of said plans by the Planning and Zoning Commission must be done so either
concurrently or prior to approval of the rezoning application.
g. Planning and Zoning Commission Action.
1. The Planning and Zoning Commission shall hold a public hearing prior to taking action on the
proposed text amendment; and
2. The Commission shall make a recommendation regarding the proposed amendment to the City
Council.
h. City Council Action.
1. When Planning Commission has Recommended Approval. If the Planning and Zoning Commission
has recommended to the City Council that a proposed amendment be either approved or
disapproved, the City Council may approve or disapprove by a simple majority vote of the City
Council members present and voting.
2. When Official Petition Submitted. In the case of an official petition against a proposed text
amendment to this Chapter signed by 20% or more of the property owners whom are either
directly included within the area of the proposed change or within an area extending (200) feet
from the area directly affected, such amendment shall not become effective except by the
favorable vote of three-fourths of all members of the City Council.
i. Notification Requirements. See Sec. 14.11.006, Public Notice.
Sec. 14.13.007, Special Exception Carport Approval
a. Generally. A special exception to build a carport that does not meet the setback requirements of this
Chapter may be authorized by the Zoning Board of Adjustment (ZBA) in accordance with the
requirements and procedures of Sec. 14.10.006, Zoning Board ofAdjustment.
b. Applicability. A special exception may only be considered for approval of a setback requirement that is
not met via Sec. 14.05.002, Standards for Rural and Residential Development; Sec. 14.05.003, Standards
for Accessory Buildings and Structures; and Sec. 14.05.004, Special Setback and Lot Standards.
c. Standard for Approval of Special Exception. The ZBA may grant a special exception to build a carport
provided that the requirements of Sec. 14.05.006(b)(2), Special Exception Approval Requirements have
been met.
Sec. 14.13.008, Variances
a. Generally. Variances to the requirements of selected provisions of this Chapter may be authorized by
the ZBA in accordance with the requirements and procedures of Sec. 14.10.006, Zoning Board of
Adjustment.
b. Applicability. Variances may only be considered for approval for provisions relating to the following
articles and/or sections of this Chapter:
1. Sec. 14.05.002, Standards for Residential Development,
2. Sec. 14.05.003, Standards for Nonresidential and Mixed Use Development;
3. Sec. 14.05.006, Standards forAccessory Standards;
4. Art. 14.06, Parking and Loading;
5. Art. 14.07, Landscaping and Buffering; and
6. Art. 14.08, Signs.
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c. Unnecessary Hardship Standard. When an applicant can show that a provision of these regulations
would cause unnecessary hardship if strictly adhered to and where, because of some physical condition
peculiar to the land, the ZBA may authorize a variance. The unnecessary hardship may not be of a
financial nature.
d. Procedural Requirements.
1. Any variance authorized is required to be entered in writing into the minutes of the ZBA
meeting specifically stating the reason(s) for which the variance was approved.
2. Four affirmative votes of the five person ZBA is required to approve the request.
e. Notification Requirements. See Sec. 14.11.006, Public Notice.
Sec. 14.13.009, Appeals
a. Generally.
1. Purpose. The purpose of the appeals process is to provide an opportunity for affected parties to
seek review of a decision of a responsible official or the Planning and Zoning Commission in a
timely and inexpensive way.
2. Administrator Decisions. All decisions of the Administrator pertaining to this Chapter may be
appealed to the Zoning Board of Adjustment (ZBA).
3. Planning and Zoning Commission Decisions. All decisions of the Planning and Zoning Commission
pertaining to this Chapter may be appealed to the City Council.
4. Zoning Board of Adjustment Decisions. All decisions of the ZBA pertaining to this Chapter, may
be appealed to a court of competent jurisdiction.
5. City Council Decisions. All decisions of the City Council pertaining to this Chapter, may be
appealed to a court of competent jurisdiction.
b. Deadline to Appeal. All appeals must be fully completed and submitted to the City 30 days after an
official decision by any city official, committee, or governing body.
c. Eligibility to Appeal. Appeals may be taken to the ZBA by:
1. Any person aggrieved whom resides in the City and can show that they were harmed by the
Board's decision; or
2. Any applicant who has applied to the City for a permit or approval via this Chapter.
3. Such appeal shall be made by filing the appropriate form and delivering it via mail or in person
to the Department of Community Services. All of the grounds for the appeal shall be stated in
the application.
d. Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from
unless the Administrator certifies to the ZBA that a stay would cause imminent peril to life or property.
e. Notice of Hearing. The Board shall fix a reasonable time for the appellate hearing and shall mail
notices of such hearing to the petitioner and to the owners of property lying within 200 feet of any
point of the lot at issue. Depositing of such written notice in the mail shall be deemed sufficient
compliance.
f. Decision by Board. The Board shall decide the appeal within a reasonable time. Upon the hearing, any
party may appear in person or by agent or attorney. The Board may reverse or affirm wholly or partly
or may modify the determination as in its opinion ought to be made.
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Article 14.14 — Enforcement and Remedies
Sec. 14.14.001, Non -Judicial Remedies
The City may enforce any violation of this Chapter prior to, and without, judicial process by:
a. Withholding Permits. The City may deny or withhold permits, approvals, or other forms of
authorization for failure to comply with the requirements of the Chapter or those of a referral agency.
b. Temporary Revocation of Permits. The City may temporarily revoke permits for due cause to
address an imminent danger to public health, public safety, or public or private property or to prevent
irreparable harm.
c. Suspension of Permits. The City may suspend any permits to allow for the correction of a violation or
in response to a judgment of a court of competent jurisdiction.
d. Revocation of Permits and Approvals.
1. Generally. Any permit or other approval required by this Chapter may be revoked when it is
determined that:
a. There is a violation of any provision of this Chapter;
b. The permit or approval was issued in error or based on false representation;
C. Upon the request of a referral agency with jurisdiction and due cause; or
d. There is a departure from the approved plans required under the permit, this Chapter,
or the construction requirements.
2. Notice. Written notice of revocation shall state a time frame to correct the violation.
3. Effect of Notice. No work or construction may proceed after service of the revocation notice
except work necessary to correct a violation.
4. Failure to Correct. After the period to correct the violation lapses, and arrangements acceptable
to the City have not been made, the City may:
a. File litigation in a court of competent jurisdiction; and/or
b. Remove or correct such violation and cause to be placed a lien upon the property or
improvements to the property in an amount to cover all costs related to correction or
abatement of the violation.
e. Stopping Work. The Administrator shall have the authority to stop any or all construction activity
necessary to halt, correct, or prevent a violation of this Chapter by issuing a written stop work order.
1. The permittee and/or operator shall immediately stop all activity until authorized, in writing,
by the City to proceed.
2. With or without revoking permits, the City may stop work on any building or structure in
which there is an uncorrected violation of this Chapter, a permit, or other form of authorization
issued by the City.
3. Stop work orders, when issued, will be executed in accordance with the procedures and
authorities to stop work under Article 3.03, Buildings.
f. Cease and Desist Orders. The City may issue a cease and desist order to close unlawful uses or to halt
a violation of this Chapter.
Sec. 14.14.002, Judicial Remedies
The City may seek the following judicial remedies or any other judicial remedy as permitted by law to
enforce this Chapter in any court of competent jurisdiction:
a. Injunctive Relief. The City may seek an injunction to stop any violation granted under this Chapter.
Such relief may include revocation or termination of permits, including limited and special use permits.
In any court proceedings in which the City seeks a preliminary injunction, it shall be presumed that a
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violation of this Chapter is, or may be, an injury to the public health, safety or general welfare or that
public health, safety or general welfare may be irreparably injured.
b. Abatement. The City may seek a court order in the nature of mandamus, abatement, or other action to
abate or remove a violation, or to otherwise restore the premises in question to the condition in which
they existed prior to a violation.
c. Civil Liability. The Administrator, or his or her designee:
1. Has the authority to issue citations and deliver it to a person believed to be committing a civil
violation; and
2. Is declared to be the official with the duty of enforcing this Chapter with respect to:
a. Appearing and testifying in any trial held with respect to the citation.
b. Notifying the court of competent jurisdiction of any notice of intention to stand trial or
any request for adjudication when a fine is not paid after formal notice has occurred.
c. Mailing formal notices of the violation to persons who do not give notice of intention to
stand trial or pay the established fine within the time set in the citation; and
d. Receiving and filing a copy of each original citation and any fines or notices of intention
to stand trial.
d. Criminal Liability.
1. Punishment. Upon conviction, any person in violation of, or showing failure to comply with, any
of the provisions of this Chapter may be punished by fines and / or imprisonment, as prescribed
by law, for each week or portion thereof, that the violation or noncompliance has continued.
2. Responsible Parties. Every person concerned in the violation of, or showing failure to comply
with this Chapter, whether the person directly commits the act, or aids or abets the same, and
whether present or absent, shall be proceeded against and held as a principal.
Sec. 14.14.003, Penalties
Any person violating this Chapter or any portion thereof shall upon conviction be guilty of a misdemeanor
and shall be fined any sum not exceeding $2,000 and each day that such violation continues shall be
considered a separate offense and punishable accordingly. See Sec. 1.01.009, General penaltyfor violations
of code, continuing violations & Sec. 1.01.010, Provisions considered as continuation of existing ordinances.
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Article 14.15 — Rules of Construction and Definitions
Sec. 14.15.001, Rules of Construction
a. "Shall," "will," "should," and "may."
1. The words "shall' and "will" are always mandatory.
2. The words "should" and "may" are discretionary.
b. Representative of the City. Any office referred to in this Chapter by title means the person employed
or appointed by the City in that position, or his duly authorized representative, and includes any person
designated to perform the duties of such office.
c. Customary Usage. Definitions not expressly prescribed in this Chapter are to be construed in
accordance with customary usage in municipal planning and engineering practices.
Sec. 14.15.002, Definitions
A
ABUTTING: Property where two adjoining lots have a common boundary line including lots that are
separated by a street or alley.
ACCESSORY BUILDING: A building detached from a principal building located on the same lot and which is
incidental and subordinate to the principal building.
ACCESSORY STRUCTURE: A structure detached from a principal building located on the same lot and
which is incidental and subordinate to the principal building.
ACCESSORY USE: A use of a building or land which serves an incidental function to and is customarily
associated with, and located on the same lot or premises as, the main use of the premises.
ADJACENT: "Next to" or "closest to" but shall not necessarily mean "touching".
ADMINISTRATOR: The Director of Community Services or appointee designated by the City to administer
the regulations and provisions of this Chapter of the Code of Ordinances.
ADULT DAY CARE CENTER: A facility that provides services under an Adult Day Care Program on a daily
or regular basis, but not overnight, to four or more elderly or handicapped persons who are not related by
blood, marriage or adoption to the owner of the facility. Adult Day Care Centers must be licensed by the
Texas Department of Human Services.
ALLEY: A minor public way which extends only secondary means of access to properties otherwise
abutting on a street.
ALCOHOL SALES (OFF-SITE CONSUMPTION): The use of a site for the retail sale of any alcohol beverage
for off -premise consumption.
ALCOHOL SALES (ON-SITE CONSUMPTION): The use of a site for the retail sale of any alcohol beverage
for on premise consumption.
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ANIMAL HUSBANDRY: The keeping or raising of livestock or any other animal for agricultural purposes,
whether it be commercial or non-commercial.
ANTENNA SUPPORT STRUCTURE: Any structure, mast, pole, tripod, box frame or tower utilized for the
purpose of transmission, retransmission, or reception of electromagnetic, radio, or microwave signals.
APARTMENT: Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to
be occupied as three or more dwelling units or which is occupied as the home or residence of three or more
families living independently of each other and maintaining separate cooking facilities.
ASPHALT OR CONCRETE BATCHING PLANT: A temporary light manufacturing facility used for the
production of asphalt or concrete, or asphalt or concrete products, used in building or construction of a
specific site or project, and includes facilities for the administration and management of the business, the
stockpiling of bulk materials used in the production process or of finished products manufactured on the
premises, and the storage and maintenance of required equipment. This facility does not include the retail
sale of finished asphalt or concrete products.
ATTACHED ACCESSORY DWELLING UNIT: A dwelling unit that is structurally attached to a principal
building which has separate front and/or rear access and separate kitchen facilities and does not include a
downtown loft.
AUTOMATED TELLER MACHINE (ATM), NON -FREESTANDING: An automated mechanized consumer
banking device operated by a financial institution for the convenience of its customers, whether inside or
outside of a financial institution, or located in a structure unrelated to the financial institution operating it.
Such uses may not serve as the principal use of a parcel of land or site.
AUTOMOBILE AND VEHICLE WASH: Any area or business using self-service, in -bay automatic, or
conveyor equipment for cleaning and washing motor vehicles, whether as a part of another business
operation (e.g., as an accessory use to an automobile fueling or charging station, automobile sales, rental,
and service), or as a stand-alone operation, of any type, on a commercial basis.
AUTOMOBILE PARKING LOT (PRIMARY USE): Surface lots designed and built for the parking of small to
medium sized motor vehicles, not including large trucks such as semi -trailers that are designed to move
large quantities of goods.
AUTOMOBILE STRUCTURED PARKING (PRIMARY USE): A garage that is available to the public for free
or for a fee, or to residents, tenants or guests of a building. Structured parking is also frequently referred to
as a parking garage.
AUTOMOBILE / VEHICLE PARTS AND/OR ACCESSORIES: Retail sales of automobile related parts and
accessories.
AUTOMOBILE / VEHICLE SALES AND RENTAL: Premises on which new or used passenger automobiles,
trailers, recreational vehicles, or light trucks in operating condition are displayed for sale, lease, or rental.
AUTOMOBILE / VEHICLE REPAIR & AUTO BODY: Any land, building, structure, or premises used for the
general repair of automobiles including but not limited to engine rebuilding or reconditioning of motor
vehicles; engine steam cleaning; transmission welding or rebuilding and installation; collision service such
as body, frame and fender straightening and repair; and painting of motor vehicle after a collision, fire
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damage, water damage, or other natural disaster or for the purpose of restoration. Automobile
Repair/Body Shop may also include Automobile / Vehicle Service, as defined.
AUTOMOBILE / VEHICLE SERVICE: Any land, building, structure, or premises used for the routine
maintenance of automobiles and limited servicing of automobiles including but not limited to the sale and
installation of oil, lubricants, filters, batteries, tires, brakes, belts, and other similar activities or for
installing or repairing parts and accessories but not to include the activities of Automobile Repair / Body
Shop as defined.
AWNING: A roof -like cover of a temporary nature that projects from the wall or roof of a building.
B
BAKERY, WHOLESALE: A place for preparing, cooking or baking of products primarily intended for off -
premise distribution.
BANK, CREDIT UNION, AND FINANCIAL SERVICES: Any of the class of business in a freestanding building,
kiosk or automated teller machines; that provides financial services and the transmission of funds.
BANNER, FLAG OR PENNANT: Any sign exposed to the weather and which is made from or on cloth or
other limp material. A flag shall be any such sign which is flown from one flag staff. Any sign made from or
on cloth or other limp material and which is displayed behind glass and within a building shall be deemed a
wall sign.
BASEMENT: A story partly or wholly underground. For purposes of height measurement, a basement shall
be counted as a story where more than one-half of its height is above the average level of the adjoining
ground, using measurements taken at each corner of the building which meets the ground.
BATCH PLANT, PERMANENT: A use where cement, mortar, or asphalt is manufactured.
BED AND BREAKFAST: A portion of an owner -occupied dwelling unit or detached accessory building
offering transient lodging, with or without breakfast, to paying guests on an overnight basis, usually staying
less than seven days.
BILLBOARD: Any portion of a large outdoor off-site advertising structure that promotes or otherwise
disseminates information pertaining to goods, products or services. For a structure to qualify as a billboard
for the purposes of this Chapter, the structure must be steel -framed and mounted on a poll that is at least
20 ft. above the ground.
BLOCK: An area enclosed by streets and occupied by or intended for buildings
BOARD: Shall mean the Zoning Board of Adjustment.
BUILDABLE WIDTH: The width of the building site left to be built upon after the required side yards are
provided.
BUILDING: Any structure having a roof supported by columns or walls and designed or intended for the
shelter, support, enclosure or protection of persons, animals, or personal property, except for tents and
canopies. 0
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BUILDING, DETACHED: A building surrounded by yards or open space on the same building lot.
BUILDING LOT: 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.
BUILDING LINE: A line parallel or approximately parallel to the front, back, and/or side lot line at a specific
distance marking the minimum distance from the lot line that a building may be erected.
BUILDING MATERIALS AND HARDWARE STORE: The retail sale, rental, or lease of durable consumer
goods, or in the retail sale, rental, or lease of such goods in combination with repair and maintenance
services and the sale of replacement parts and accessories. Stores which include in part the sale of raw
materials such as lumber and/or brick are included within this definition and land use category.
BUILDING, MAIN OR PRIMARY: A building in which the principal use of the lot on which it is situated.
BUILDING, MIXED USE: A building used partly for residential use and partly for community facility and/or
commercial use. The primary use of a mixed use building is considered to be commercial with the
accessory use being residential.
BUILDING, RESIDENTIAL: A building which is arranged, designed, used or intended to be used for
residential occupancy by one or more families or lodgers.
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CANOPY: Any structure of a permanent fixed nature attached to or independent of the main structure, built
and designed for the purpose of shielding from the elements, persons or chattels or a roof -like structure of
a permanent nature which is supported by or projects from the wall of a structure.
CARGO TERMINAL: A facility used for the loading and unloading of materials to be distributed by either
truck or train.
CARPORT: A roofed structure that is open on two or more sides, designed to provide shelter for an
automobile, and provides for a parking space where an automobile may only enter or exit from one
direction.
CEMETERY / FUNERAL SERVICES: Land used or intended to be used for the burial of the dead, whether
human or animal, including crematoriums and mausoleums and buildings where funeral services may be
held.
CERTIFICATE OF OCCUPANCY: An official certificate issued by the city through the enforcing official
which indicates conformance with or an approved conditional waiver from the zoning regulations and
authorized legal use of the premises for which it is issued.
CHANGEABLE COPY CENTERS: A sign on which copy is changed manually in the field, i.e., reader boards
with changeable letters or changeable pictorial panels.
CHILD CARE, DAY CARE CENTER: A child-care facility that provides care at a location other than the
residence of the director, owner, or operator of the child-care facility for seven or more children under 14
years of age for less than 24 hours a day, but at least two hours a day, three or more days a week.
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CITY COUNCIL: The governing body of the City of Plainview, Texas.
CITY MANAGER: The chief administrative officer of the City of Plainview, Texas.
COMMERCIAL AMUSEMENT, INDOOR: Uses that provide commercial amusement indoors (except
sexually oriented businesses), including, but not limited to: Bowling alleys and pool rooms; Indoor sports
arenas; Movie theaters and live theaters; Indoor skating rinks (ice or roller); and Video arcades.
COMMERCIAL AMUSEMENT, OUTDOOR: Uses that provide commercial amusement outdoors (except
sexually oriented businesses), including, but not limited to: outdoor arenas or stadiums (including, but not
limited to, amphitheaters, sports stadiums, concert facilities, rodeos, and racing facilities); amusement
parks or theme parks; fairgrounds; miniature golf establishments; golf driving ranges; water slides; and
batting cages.
COMMISSION: The Planning and Zoning Commission of Plainview, Texas.
COMMUNITY GARDEN: Privately or publicly owned land used for the cultivation of fruits, vegetables,
plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots for
cultivation by one or more individuals or may be farmed collectively by members of the group and may
include common areas maintained or used by group members.
COMPREHENSIVE PLAN: The most recently adopted Comprehensive Plan for the City of Plainview which
serves as a policy guide to be used in interpretation and amendments to this Chapter.
CONSTRUCTION BUILDINGS AND STRUCTURES (TEMPORARY). Temporary buildings used for project
management proposes during a construction project.
CONSTRUCTION DUMPSTERS (TEMPORARY): Temporary dumpsters at a construction site for the
disposal of garbage during a construction site.
CONSTRUCTION YARD (TEMPORARY): An area used temporarily to stage construction of a site or
infrastructure and may include storage of materials and associated activities only for the duration of the
construction project.
CONTIGUOUS: A parcel of property that directly touches another parcel of property. A parcel of property
that is on the opposite side of the street from another parcel is not contiguous.
CONTRACTOR'S SHOP AND/OR SERVICE YARD: An area used to store and maintain construction
equipment and other materials customarily used in the trade carried on by the construction contractor.
This definition excludes temporary contractors storage associated with the site of an on-going construction
project.
CORRECTIONAL INSTITUTION: A facility providing housing and care for individuals legally confined for
violations of law.
COUNCIL: The City Council of Plainview, Texas.
COURT: An open, unoccupied space, bounded on more than two sides by the walls of a building.
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FBI
DANCE HALL / NIGHTCLUB: A commercial establishment where alcoholic beverages may be served for
consumption on the premises and in which dancing, musical entertainment, comedy, or other types of
performances and activities are presented.
DETACHED ACCESSORY DWELLING UNIT: A secondary dwelling unit on the same parcel of property that
does not have a wall, roof or other structural component in common with the primary structure on the
property.
DEVELOPMENT LOT: A parcel or abutting parcels of land, having definite boundaries, which is improved
as a single unit of use.
DISTRICT: Shall mean zoning district which is a section of the City of Plainview for which the regulations
governing the areas, heights or uses of buildings or lots are uniform for each type and class of structure.
DONATION BIN / RECYCLING CENTER: Containers dedicated for the purpose of collecting discarded
materials for recycling or reuse for the benefit of nonprofit charitable organizations.
DORMITORY: A building in which housing is provided for individual students under the general
supervision or regulation of an accredited college or university and as distinguished from an apartment,
hotel, motel.
DOWNTOWN LOFT: An accessory use located on the second floor of a building in the Downtown District
where the first floor of the building is used for nonresidential purposes.
DUPLEX: A detached building having separate accommodations for and occupied by not more than two
families.
DRIVE-IN OR DRIVE-THROUGH FACILITY: A place of business being operated for the retail sale of food
and other goods, services, or entertainment wherein patrons may be served or otherwise conduct their
business while remaining in their automobiles.
DWELLING: A building or portion thereof designed exclusively for residential occupancy, including single-
family, duplex, and multiple -family dwellings, except for buildings designed and used as hotels, boarding
houses, rooming houses and motels.
DWELLING, SINGLEFAMILY: A detached building having accommodations for and occupied by not more
than one family. A single-family dwelling shall not include a HUD Code manufactured home or mobile
home.
DWELLING, MULTIPLE -FAMILY: See Apartment.
DWELLING UNIT: One or more rooms in a dwelling designed for occupancy by one individual or family
living independently as a single housekeeping unit, with no more than one kitchen unit.
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E
EDUCATIONAL SERVICES: Any use devoted to learning, regardless of whether it is public, private,
commercial or noncommercial or for children or adults. Playground equipment, athletic fields, athletic
stadiums, cafeterias, gymnasiums, parking (including bus parking), and libraries are considered a valid
accessory use of this land use definition.
ELECTRONIC MESSAGE CENTER: A sign that is electronically or electrically controlled that displays a
message center or reader board composed of a series of lights that may be changed through electronic
means.
EFFICIENCY UNIT: An apartment having a combination living and bedroom, designed for occupancy by
one person, containing not less than220 square feet of net floor area, which may include kitchen facilities
within the room.
EXTERIOR ARCHITECTURAL FEATURE: The architectural style and general arrangement of the exterior
of a structure as is designated to be open to view from a public right-of-way.
F
FAMILY: An individual or group of two or more persons related by blood, marriage, adoption or
guardianship including foster children, exchange students, and servants together with not more than two
additional persons not related by blood, marriage, or adoption to the previously identified individual or
group, living together as a single housekeeping unit in a dwelling unit.
FARM, RANCH, OR ORCHARD: Land used for growing of usual farm products and/or raising of usual farm
poultry and farm animals and including the necessary accessory uses for raising, treating, and storing
products raised on the premises, but not including the commercial feeding of offal or garbage to swine or
other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance
or law.
FARMING, LANDSCAPING, AND HORTICULTURAL SALES & SERVICES: The sale of products either
cultivated by agricultural methods or sold to assist with the cultivation of agriculture.
FLAGPOLE: A freestanding structure or a structure attached to a building or to the roof of a building used
for the sole purpose of displaying flags.
FLOODPLAIN: An area of land subject to inundation by a 100 -year frequency flood, as shown on the flood
plain map of the City of Plainview. The term "flood plain" is interchangeable with the term "flood hazard
area".
FLOOR AREA: The total square feet of floor space within the outside dimensions of a building including
each floor level, but excluding cellars, carports, or garages.
FOOTCANDLE: A unit of light intensity used to calculate lighting levels.
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GARAGE, PRIVATE: A detached accessory building or portion of the main building for the parking or
temporary storage of automobiles of the occupants of the premises.
GARDEN CENTER: An establishment primarily engaged in the retail sales of horticultural specialties, such
as flowers, shrubs and trees, intended for ornamental or landscaping purposes.
GASOLINE STATION: Any building, land area, premises or portion thereof, where petroleum-based fuels or
other petroleum products are sold and light maintenance activities such as engine tune-ups, lubrication,
minor repairs, and carburetor cleaning may be conducted and convenience goods or services may be
offered.
GOVERNMENTAL SERVICE (POLICE, FIRE, EMERGENCY MEDICAL SERVICES): A local government
facility for conduct of public safety and emergency services, including fire and police protection services
and emergency medical and ambulance services.
GRADE: A term having particular reference under the following conditions:
a. For buildings having walls adjoining one street only, it is the elevation of the sidewalk at the center of
the wall adjoining the street.
b. For buildings having walls adjoining more than one street, it is the average of the elevation of the
sidewalk at the center of all walls adjoining the street.
c. For buildings have no wall adjoining the street, it is the average level of the finished surface of the
ground adjacent to the exterior wall of the building.
d. Any wall approximately parallel to and not more than five feet from a street line is to be considered as
adjoining the street.
e. Where no sidewalk has been constructed, the Administrator shall establish such sidewalk level or its
equivalent for the purpose of these regulations.
GREENHOUSE / NURSERY: An establishment primarily engaged on the propagation (for sale at retail or
wholesale) of horticultural specialties, such as flowers, shrubs and trees, intended for ornamental or
landscaping purposes.
GROCERY (FOOD SALES): An establishment engaged in retail and/or wholesale sale of food, foodstuffs,
sundries, or other common household items to members of the public.
GROSS FLOOR AREA: The gross floor area of a building shall be measured by taking outside dimensions of
the building at each floor level.
GROUP HOMES: A dwelling occupied by persons with a disability who need not be related by blood or
marriage to each other or to the residents, which dwelling is licensed by the state.
H
HEAVY MACHINERY SALES AND RENTALS: An establishment providing for the sales and rental of
equipment to be used for farming and construction.
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HELIPAD (HOSPITAL / PUBLIC SAFETY): Any landing area for helicopters on public or private lands,
which, in addition, includes all necessary facilities for the picking up and discharging of passengers or
cargo.
HOME FURNISHING STORE: Retail or service activities for the selling of home furnishings and appliances
that can either be easily installed or are intended to be used as furniture. Stores that sell a substantial
amount of raw materials such as lumber and/ brick are not included within this definition and land use
category.
HOME OCCUPATION: An occupation, profession, domestic craft or economic enterprise which is
customarily conducted in a residential dwelling. This includes, but is not limited to the use of a home for
cottage food production operations.
HOSPITAL / REHABILITATIVE CARE: An institution providing primary health services and medical or
surgical care to persons, primarily inpatients, suffering from illness, disease, injury, disability, and other
physical or mental conditions and including, as an integral part of the institution, related facilities, such as
laboratories, outpatient facilities, training facilities, medical offices, and staff residences.
HOUSING, INDUSTRIALIZED: See "Industrialized Housing'.
HOUSING, MANUFACTURED: See "Manufactured Housing".
INDUSTRIAL AND MANUFACTURING PRODUCT SALES AND SUPPLY: The sale and supply of petroleum
products and large scale industrial and manufacturing products typically sold and shipped in large
quantities.
INDUSTRIALIZED HOUSING: A residential structure designed for use and occupancy of one or more
families, constructed in one or more modules or constructed using one or more modular components built
at a location other than the permanent residential site, designed to be used as a permanent residential
structure when the modules or modular components are transported to the permanent residential site and
are erected or installed on a permanent foundation system.
JUNKYARD / SALVAGE YARD: A place or a business that owns junk and/or salvage, and is operated to
store, buy, or sell said junk and/or salvage. Typically all or part of the junk and/or storage is stored
outdoors.
KENNEL: A place primarily for the keeping of three or more dogs, cats, or other small animals of at least
four months of age that are housed, groomed, bred, boarded, trained, and/or sold. Veterinarian services
are not included in the definition of a kennel.
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L
LANDFILL: A solid waste disposal facility consisting of an area of land or an excavation used for disposal of
any solid waste resulting from the operation of residential, commercial, industrial, governmental, or
institutional establishments that would normally be collected, processed, and disposed of through a public
or private solid waste management service.
LANDSCAPING: Creating an aesthetic effect by the use of a combination of plant material, including but not
limited to grass, trees and shrubs, planters, brick, stone, natural forms, water forms, aggregate and other
landscape features. Landscaping shall not include the use of smooth concrete or asphalt.
LANDSCAPE SCREEN: Plant material of the evergreen variety, a minimum of six feet in height at the time of
installation and planted on four foot centers. All such landscape screens shall be permanently maintained.
Adequate facilities shall be provided for watering at the time of installation.
LEGAL NONCONFORMING SIGN, USE, BUILDING OR LOT: A use, sign, building or lot existing legally at the
time of the passage of this ordinance which does not by reason of design, use, or dimensions conform to the
regulations of the district in which it is situated.
LIBRARY, MUSEUM, OR GALLERY: An institution for the collection, display, and distribution of books,
objects of art or science, and which is sponsored by a public or quasi -public agency, and which facilities are
open to the general public.
LOADING SPACE: An off-street space used for the temporary parking of a vehicle while loading or
unloading merchandise or materials which abuts upon a street or other appropriate means of access.
LOT: An undivided tract or parcel of land under one ownership having frontage upon a public street or
officially approved place, either occupied or to be occupied by a building or building group, which is
designated as a separate and distinct tract and is identified by a tract or lot number or symbol in a duly
approved subdivision plat of record.
LOT AREA: The total horizontal area within the lot lines of a lot that shall not include portions of streets or
alleys.
LOT, CORNER: A lot abutting upon two or more streets at their intersection or upon two parts of the same
street forming an interior angle of less than 135 degrees. A corner lot shall be deemed to front on the street
which the front of the primary structure faces or if there is no structure on the lot then the street on which
it has its least dimension.
LOT COVERAGE: The percentage of the total area of a lot occupied by the base (first story or floor) of
buildings located on the lot.
LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a building lot
measured at the respective mid -points of the front lot line and rear lot line within the lot boundary.
LOT, INTERIOR: A building lot other than a corner lot.
LOT LINES: The lines designated on a plat as being the boundaries of a lot.
LOT, THROUGH: An interior lot having frontage on two streets.
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LOT WIDTH: The horizontal distance measured between side lot lines parallel to the front lot line and
measured from the point on the building line which is closest to the front lot line.
LUMEN: The unit of luminous flux, the total amount of light falling uniformly on or passing through an area
of one square foot, each point of which is one foot from a one -candela source.
M
MANUFACTURED, HEAVY: A use category which includes the following specific manufacturing uses:
Acetylene gas manufacture or storage; Acid manufacture; Alcohol manufacture; Ammonia, bleach or
chlorine manufacture; Arsenal; Asphalt manufacturing or refining; Bag cleaning; Blast furnace; Boiler
works; Brick, tile, pottery or terra cotta manufacturer, other than handcraft; Celluloid manufacture or
cleaning; Chemical manufacturing; Cotton seed oil manufacture; Creosote treatment; Disinfectant
manufacture; Dyestuff manufacture; Emery cloth and sandpaper manufacture; Explosives or fireworks
manufacture or storage; Fat rendering; Fertilizer manufacture; Fiberglass manufacture; Forage plant;
Foundry, (iron, steel, brass or copper); Garbage, offal or dead animal reduction or dumping; Gas
manufacture; Glue or gelatin manufacture; Herbicide manufacture; Insect poison manufacture; Metal
fabrication; Oilcloth or linoleum manufacture; Ore reduction; Paint, oil, shellac, turpentine or varnish
manufacture; Paper products manufacture; and Steel fabrication.
MANUFACTURED, LIGHT: Advertising displays manufacture; Apparel and other products assembled from
finished textiles; Bookbinding (except hand binding); Bottling works; Brooms, brushes, manufacture;
Cameras or other photographic equipment; Candle manufacture; Carpet manufacture or cleaning; Cement,
lime, gypsum or plaster of paris manufacture; Ceramics, stone, glass, marble, or porcelain products
manufacture; Cosmetic manufacture; Cotton gin; Dairy products processing, manufacturing; Drugs or
pharmaceutical products manufacturing; Electrical appliances, supplies, machinery assembly or
manufacture; Electronic products, assembly; Electronic products, manufacturing; Fish smoking and curing;
Food products processing; Fur good manufacture (not including tanning or dying); Furniture and
upholstery manufacture; Glass products, from previously manufactured glass; Household appliance
products assembly & manufacture from prefabricated parts; Ice production, dry or natural; jute, sisal, or
oakum products manufacturing; Light manufacturing; Mattress manufacture or renovation; Meat
processing/locker plant/frozen food products; Mill (grain, flour, food products); Musical instrument
manufacture; Orthopedic or medical application manufacturing; Plastic products manufacture (not
including processing of raw materials); Sporting and athletic equipment manufacture; Tire recapping and
vulcanizing; Tools or hardware manufacture; Toys and novelty products manufacture; Window shade,
awnings, Venetian blinds manufacture; and Yeast manufacture.
MANUFACTURED HOME PARK: An area of land designed for the placement of manufactured homes or
mobile homes with two or more improved pads or spaces for manufactured homes or mobile homes
providing connections for, but not limited to, water, sewer, and electricity service.
MANUFACTURED HOME SALES: A business engaged in the sales or rental of manufactured homes.
MANUFACTURED HOUSING (OR MANUFACTURED HOME): A structure constructed on or after June 15,
1976, according to the rules of the United States Department of Housing and Urban Development,
transportable in one or move sections, built on a permanent chassis and designed to be used as a dwelling
with permanent foundation when connected to the required utilities, and includes the plumbing, heating,
air-conditioning, and electrical systems. The term does not include a recreational vehicle.
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MANUFACTURED HOUSING (OR MANUFACTURED HOME) SITE: That part of a manufactured home park
which has been reserved for the placement of one HUD Code manufactured home.
MEDICAL AND DIAGNOSTIC LABORATORIES: A facility that is used for the express purpose of the design,
fabrication and repair of dental and optical goods, and / or a laboratory where tests are performed on
biological specimens in order to obtain information about the health of a patient.
MEDICAL OFFICE / CLINIC: A use where medical, dental, psychiatric, psychological, chiropractic, and other
outpatient services are performed.
MOBILE HOME: A structure that is similar in appearance to a Manufactured Home but is not constructed in
conformance with the Manufacturing Housing Construction and Safety Standards Act of 1974.
MODEL HOMES AND ON-SITE REAL ESTATE OFFICES: A dwelling unit temporarily used as a sales office
for on-site sale of individual units within the same residential subdivision or other residential project that
is under development.
MOTEL: A building in which lodging is offered with or without meals principally to transient guests and
that provides each unit with individual entrances from the outdoors.
MOTOR VEHICLE: Any vehicle designed to carry one or more persons which is propelled or drawn by
mechanical power, such as automobile, truck, motorcycle, and bus.
N
NONCONFORMING BUILDING OR USE: A building, structure or use of land or portion thereof lawfully
existing or occupied at the time this ordinance became effective, which was designed, erected, or
structurally altered for a use that does not conform to the use regulations of the district in which it is
located.
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OFFICE, GENERAL: A room or group of rooms used for the provision of executive, management or
administrative services. Typical uses include administrative offices and services including real estate,
insurance, property management, investment, personnel, travel, secretarial services, telephone answering
and business offices of public utilities, organizations and association but excluding medical offices.
OFF-STREET PARKING SPACE: An area for the temporary storage of an automobile which shall be
permanently reserved for such purpose and which shall not be within or on any public street, alley or other
right-of-way.
OPEN SPACE: That part of a building lot, including courts or yards that is open and unobstructed from its
lowest level to the sky; accessible to all residents upon a building lot; and not part of the roof of any
building on the lot.
OUTDOOR SHOOTING / ARCHERY RANGE: The use of land for archery and/or the discharging of firearms
for the purposes of target practice, skeet and trap shooting, mock war games (paintball), or temporary
competitions, such as turkey shoots. Excluded from this use type shall be general hunting and unstructured
and nonrecurring discharging of firearms on private property with the property owner's permission.
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P
PARK & RECREATION FACILITY: An area containing a building or complex of buildings housing
community recreation facilities owned, operated, or leased for operation by a public entity.
PARKING LOT: An open area, other than a private parking lot, street or alley, used for the parking of
automobiles and available for public or quasi -public use.
PARKING SPACE, OFF-STREET: See Off -Street Parking Space.
PARKWAY: Any part of the public right-of-way lying between the curb or grade line of any public street
and the abutting private property line.
PASSENGER TERMINAL: A facility that receives and discharges passengers and at which facilities and
equipment required for their operation are provided. Examples include terminals for bus, trolley, taxi,
railroad, shuttle van, or other similar vehicular services.
PAWN SHOP: An establishment where money is loaned on the security of personal property pledged in the
keeping of the owner (pawnbroker).
PERMANENTLY MAINTAINED: A constant and continuing state of maintenance, thereby preserving the
installation as similar to the original as possible.
PERSON: When used in this ordinance shall mean every natural person, firm, co -partnership, association,
partnership, corporation or society; and the term "person" shall include both singular and plural.
PERSONAL SERVICES: An establishment primarily engaged in providing services generally involving the
care of the person or his apparel including but not limited to barber and beauty shops, dry cleaning and
laundry pick-up stations and reducing salons/health clubs.
PLACE: An open, unoccupied space other than a street or alley permanently established or dedicated as the
principal means of access to property abutting thereon.
PLACE OF PUBLIC ASSEMBLY, INDOOR: A building in which people assemble for civic, educational,
religious, or cultural purposes. This use includes event facilities, meeting halls, fraternal organizations,
places of worship and private clubs. This use does not include residential buildings.
PLANNING AND ZONING COMMISSION: The agency appointed by the City Council as an advisory body to
it on matters related to planning and zoning.
PLAT: A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions
and other information essential to comply with the subdivision standards of the City of Plainview.
PORTE-COCHERE: A covered porch -like structure located at the primary entrance to a building which can
provide shelter for both automobiles or persons and where automobiles can enter and exit from two
different directions.
POWER GENERATION, TRANSMISSION, AND DISTRIBUTION: Large scale creation of power which
includes large solar collectors and windmills and more forms of utility power generation.
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PUBLIC PARK: Any publicly owned park, playground, beach, parkway, greenbelt, or roadway within the
jurisdiction and control of the City.
PUBLISHING SERVICES: An establishment primarily engaged in the production of books, magazines,
newspapers and other printed matter.
R
RECREATIONAL VEHICLE PARKS AND CAMPGROUNDS: A parcel in single ownership on which two or
more recreational vehicle sites and/or camping sites are located, established, or maintained for occupancy
by recreational vehicles or camp units as temporary living for recreation, education, or vacation purposes.
REGISTERED FAMILY HOME (CHILD CARE): A home that provides regular care in the caretaker's own
residence for not more than six children under 14 years of age, excluding children who are related to the
caretaker, and that provide care after school hours for not more than six additional elementary school
children, but the total number of children, including children who are related to the caretaker, does not
exceed 12 at any given time. The term does not include a home that provides care exclusively for any
number of children who are related to the caretaker.
REPAIR SERVICE: Establishments primarily engaged in the provision of repair services to individuals and
households, rather than businesses, but excluding automotive repair use types. Typical uses include
jewelry, clock, radio and television repair, small appliance repair, bicycle repair and services of a similar
nature.
RESOURCE EXTRACTION: The removal or recovery by any means whatsoever of sand, gravel, soil, rock,
minerals, mineral substances, or organic substances, other than vegetation, from water or land on or
beneath the surface thereof, exposed or submerged.
RESTAURANT: A building or portion of a building, not operated as a dining room in connection with a
hotel or boarding house, where food is served for pay and for consumption in the building, and where
provisions may be made for serving food on the premises outside the building.
RETAIL SALES: The sale of goods, merchandise, services, and/or commodities to the general public.
RETIREMENT HOUSING: The use of a site for one or more dwelling units designed for independent living
and marketed specifically for the elderly, persons with physical disabilities or both.
S
SELF -STORAGE, MINI -WAREHOUSE: A building or group of buildings that are used for the storage of
personal property or records, where individual owners or tenants control individual storage spaces.
SETBACK: The minimum horizontal distance between a building, excluding steps and unenclosed porch to
the street line.
SETBACK, FRONT: The setback required between a building and the rear property line of the lot on which
the building is located, extending along the full length of the rear property line between the side property
lines.
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SETBACK, INTERIOR SIDE: The setback measured from any interior lot line.
SETBACK, REAR: A setback from an interior property line lying on the opposite side of the lot from the
front street setback.
SETBACK, STREET SIDE: The required minimum horizontal distance between the use or structure and the
street -facing side lot line on a corner lot,
SEXUALLY ORIENTED BUSINESS: An establishment providing, featuring or offering employees or
entertainment personnel who appear on the premises while in a state of nudity or simulated nudity and
provide live performances or entertainment for customers; or provides, features or offers non -live,
sexually -explicit entertainment, materials, or items for sale or rental to customers; or provides materials or
items that are intended to provide sexual stimulation or sexual gratification to its customers.
SIGN: A name, identification, description, display, or illustration which is affixed to, or represented directly
or indirectly upon a building, structure, or piece of land.
SIGN AREA: The area of any free-standing sign or billboard shall be the sum of the areas enclosed by the
minimum imaginary rectangles, triangles, or circles which fully contain all extremities of the sign, including
the frame but excluding any supports. Sign area for all other signs shall be the sum of the areas of the
minimum imaginary rectangles, triangles, or circles which fully contain all words, numbers, figures,
devices, designs, or trademarks by which anything is made known.
SIGN, BANNER: A type of temporary sign that is made or composed of a flexible piece of fabric, plastic,
canvass, vinyl, paper, or another non -rigid material that does not include any enclosing framework and
which is commonly mounted to a building, structure, fence, railing, or wall with rope, or mounted to the
ground with stakes.
SIGN, BILLBOARD: See 'Billboard".
SIGN FACE: The area or display surface used for the message.
SIGN, FLASHING: A sign which has illumination that is alternately turned on and off at a rate equivalent to
or greater than twice an hour, excluding time and temperature signs.
SIGN, FRAME: A type of temporary sign with two faces attached at one surface on each face to form a
triangle with one side parallel to the grade.
SIGN, FREESTANDING: Any sign permanently affixed to the ground and which is not affixed to a building
and which is not used for off-site advertising.
SIGN HEIGHT: Sign height shall be the vertical distance between the highest part of the sign or its
supporting structure, whichever is higher, and the average established ground level beneath the sign.
SIGN, ILLUMINATED: Any sign designed to give forth any artificial light, or designed to reflect light from
one or more sources, natural or artificial.
SIGN, POLE: A freestanding structure used for on-site advertising that is supported by braces, and columns,
poles and that does not qualify as a billboard.
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SIGN, PORTABLE: Any sign not permanently affixed to the ground, a building or other fixed structure or
object. Portable signs include those signs installed on wheels, trailers, skids and similar mobile structures.
SIGN, SETBACK: Sign setback shall be the horizontal distance between a sign and the front lot line, as
measured from that part of the sign, including its extremities and supports, nearest to any point on any
imaginary vertical plane projecting from the front lot line.
SIGN, STAKE: A type of temporary sign that does not exceed six square feet in area with a base/stake
commonly made of metal, wood, or other similar material with an end for driving into the ground.
SIGN, SUBSTANDARD: A sign that in the opinion of the Administrator does not meet all of the
requirements of Sec. 14.08.010, Removal of Substandard Signage.
SIGN, TEMPORARY: A sign not permanently affixed to a building, structure, or the ground.
SIGN, WALL: Any sign affixed flat against and parallel to a building wall and having the sign face not more
than 12 inches from the wall surface. Neon tubing attached directly to a wall surface shall be considered a
"wall sign". For the purposes of this definition, wall shall include window areas.
SITE PLAN: A scaled plan for mixed use, multi -family and/or non-residential development showing uses
and structures proposed for a parcel of land as required by the City's Code of Ordinances. Generally this
will include lot lines, streets, building sites, reserved open space, buildings, landscaping, screening,
buffering, and the location of proposed utilities and infrastructure improvements.
SINGLE-FAMILY DETACHED DWELLING: A building or structure containing only one dwelling unit that is
not attached by a common wall to another dwelling unit.
SOLAR COLLECTORS / WINDMILLS (SMALL ACCESSORY STRUCTURES): Alternative and
environmentally -friendly energy sources which collect or create power on-site for an individual home or
group of homes. The mass production and/or selling of energy is prohibited within this definition.
SPECIAL USE: A use, which because of its potential impacts, may be permitted in a given zoning district,
only after public hearing review by the Planning and Zoning Commission and the City Council and issuance
of a special use permit.
SPECIAL EVENT: A temporary, short-term use of property, signage or promotional devices occurring
outside of a permanent building and not otherwise included as a permitted or accessory use by these
zoning regulations.
STREET: A public way which extends primary means of access to abutting properties.
STREET, LOCAL: A street designed to serve properties abutting and in the immediate vicinity of the street.
STREET, ARTERIAL: A street designed to serve the entire community or substantial portions of the
community.
STREET, COLLECTOR: A street designed to serve as a connector between a local street and an arterial
street.
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STREET WIDTH: The horizontal distance between the side lines of a street, measured at right angles to the
side lines.
STRUCTURE: Any constructed or erected man-made object having an ascertainable stationary location on
land or in water, whether or not affixed to the land.
STUDIO OR SHOP (ARTS, CRAFTS, OR RECORDING): A place designed to be used, or used as, both a
dwelling place and a place of work by an artist, artisan, or craftsperson, including persons engaging in the
application, teaching, or performance of fine arts such as but not limited to drawing, vocal or instrumental
music, painting, sculpture, and writing.
SUBSTANDARD SIGN: See Sign, Substandard.
T
TOWNHOUSE: One of a series of not less than three nor more than10 attached single-family dwellings
under a common roof with a common exterior wall, and separated from one another by single partition
walls without openings from basement to roof. No townhouse dwelling unit is to be constructed above
another townhouse dwelling unit.
TRUCK PARKING LOT (PRIMARY USE): Surface lots designed and built for large trucks such as semi-
trailers that are designed to move large quantities of goods.
U
USE: The purpose for which land or building is arranged, designed or intended, or for which either land or
building is or may be occupied or maintained.
UTILITY LINE: The extension of water or wastewater lines and related facilities constructed in accordance
with engineering standards and accepted by the City for ownership, maintenance, and use.
UTILITY TRANSFER STATION: A solid waste processing facility where solid waste is transferred from
collection vehicles and placed in other vehicles for transportation.
V
VARIANCE: A modification or variation of the provisions of this ordinance as applied to a specific piece of
property.
VEHICLE: Every device in, upon or by which any person or property is or may be transported or drawn
upon a street or highway, except devices moved by human power or used exclusively upon stationary rails
or tracks.
VENDING KIOSK: A self-service, interactive device that is located on the outer side of a principal building
(or as a stand-alone unit outside and independent of the principal building), which is accessible to the
general public for the purposes of dispensing product or information.
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VETERINARY CLINIC AND/OR SERVICE, SMALL ANIMAL: Any establishment maintained and operated by
a licensed veterinarian for the diagnosis and treatment of disease and injury of household pets. The term
does not include medical care for livestock.
VETERINARY CLINIC, LARGE ANIMAL: An animal hospital or clinic that provides medical care services for
large or livestock animals, including but not limited to: horses, cows, bison, elk, deer, llamas, alpacas, sheep,
goats, chickens, turkeys, ducks, and pigs.
W
WAREHOUSING AND STORAGE: A building used primarily for the storage of goods and materials
WATER AND SEWAGE TREATMENT: A facility, or group of facilities, used for the treatment of industrial
or domestic wastewater for sewer systems and for the reduction and handling of solids and gases removed
from such wastes; and facilities used for the storage and distribution of potable and gray water to
customers.
WATER STORAGE: Facilities and infrastructure provided by a public agency, utility, or franchise which
convey water facilities including regional water storage tanks and reservoirs.
WIRELESS TELECOMMUNICATIONS TOWER: Radio or television broadcasting towers,
telecommunications towers, and antenna arrays.
WHEEL STOP: A stone or concrete barrier that keeps a car from moving forward beyond a parking space.
WHOLESALE: The sale of goods, merchandise, services and/or commodities for resale by the purchaser
and does not offer retail sales to the general public.
Y
YARD: An open space at grade between a building and the adjoining lot lines, unoccupied, and
unobstructed by any portion of a structure from the ground upward.
YARD, FRONT: The yard between the front setback and the front lot line.
YARD, REAR: The yard between the rear setback and the rear lot line.
YARD, SIDE: The yard between the side building line and the side lot line.
Z
ZONING DISTRICT MAP: The map or maps incorporated into this ordinance as a part hereof by reference
thereto.
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