The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Block
means an area of land bounded by streets, or by a combination of streets and public parks, cemeteries, rights-of-way, airport boundaries, watercourses, city boundaries, or other man-made or natural boundaries.
Block face
means a side of a block in which lots or tracts face an abutting street; provided, however a block face shall not exceed 2,640 feet.
Change of use
means:
(1) 
The cessation or conversion of the use of structure from a private residence or single-family dwelling unit to some other nonresidential use or combination of nonresidential or multifamily residential uses; or
(2) 
Any continuation of any pre-existing nonresidential use or combination of nonresidential or multifamily uses if such nonresidential or multifamily uses ceased to operate for a continuous period of one year.
Private residence
means a dwelling structure designed for occupancy by a single family, whether occupied or not.
Project
means any construction or expansion of a new or existing structure or improvement within a residential neighborhood, or the renovation or repair an existing structure in more than 50 percent of the value of the structure that is located within a residential area.
Residential neighborhood
means:
(1) 
A subdivision for which a plat is recorded in the real property records of the county and that contains or is bounded by public streets or parts of public streets that are abutted by residential property occupying at least 75 percent of the front footage along the block face;
(2) 
A subdivision for which a plat is recorded in the real property records of the county and a majority of the lots of which are subject to deed restrictions limiting the lots to residential use;
(3) 
A block that is divided into four of more lots or tracts and in which 75 percent or more of the lots or tracts are contain a private residence; or
(4) 
A block face that has been divided into at least four or more lots or tracts and at least 75 percent of the front footage along the block face are lots or tracts on which there is a private residence.
(Ordinance 08-655, sec. 1, adopted 4/10/08; Ordinance 10-683, sec. 2, adopted 1/14/10; 2007 Code, sec. 12-350)
(a) 
No plat or development plat shall be approved for a project unless the project complies with the requirements of this article.
(b) 
The building official shall not issue any permit for any project unless the project complies with the requirements of this article.
(Ordinance 08-655, sec. 1, adopted 4/10/08; 2007 Code, sec. 12-351)
(a) 
Construction of any project that is not a private residence or a single-family accessory building as defined in section 9.06.002 is not permissible within a residential neighborhood.
(b) 
If a project involves a change of use, then the project shall comply with the following requirements that may be provided for by this code or other law:
(1) 
The front building line for the project shall be the greater of either:
(A) 
Twenty-five feet; or
(B) 
The average front setback of the existing private residences or single-family dwelling units on the block face in which the project is located.
(2) 
The side building lines for the project shall be the greater of either:
(A) 
Seven and one-half feet; or
(B) 
The average side setback of the existing private residences or single-family dwelling units on the block face in which the project is located.
(3) 
No parking, including no off-street parking, shall be allowed between the building and the side property lines of the lot or tract on which the project is located.
(4) 
A minimum of 20 percent of the lot or tract on which the project is located shall be made and maintained as green or open space.
(5) 
No building or other enclosed structure on the lot or tract on which the project is located shall be made and maintained as green or open space.
(6) 
Online [Only] one on-premises sign shall be allowed and such sign shall not exceed 12 square feet in size; provided, however, that the sign may not be illuminated or have any moving elements.
(7) 
No outdoor display of merchandise shall be allowed.
(Ordinance 08-655, sec. 1, adopted 4/10/08; 2007 Code, sec. 12-352; Ordinance 24-975 adopted 8/22/2024)
(a) 
A person commits an offense if the person constructs or improves a project that does not comply with the requirements of this article.
(b) 
A person commits an offense if the person occupies or maintains a project in violation of the requirements of this article.
(Ordinance 08-655, sec. 1, adopted 4/10/08; 2007 Code, sec. 12-353)