No land, building, structure, or improvement shall be used and
no building, structure or improvement shall be made, erected, constructed,
moved, altered, enlarged, or rebuilt which is designed, arranged,
or intended to be used or maintained for any purpose or in any manner
except in accordance with the use, height, area, coverage, yard, space,
and other requirements established in the district in which such land,
building, structure, or improvement is located, and such use is authorized,
except as provided by Article V, Nonconformities.
Whenever the specific district regulations pertaining to one
district permit the uses of a more restricted district, such uses
shall be subject to the conditions set forth in the regulations of
the more restricted district, unless otherwise specified.
It is intended that these regulations be interpreted as not
permitting a dwelling unit to be located on the same lot with or within
a structure used or intended to be used primarily for nonresidential
purposes except that one accessory residential unit may be provided
for a night watchman, motel manager, or similar purpose where essential
to the main use of the lot.
An improved lot shall not hereafter be divided into two (2)
or more lots unless all lots resulting from such division comply with
all the applicable yard, space, area, parking and loading regulations
of the zoning district in which located.
No building, structure or improvement shall be permitted to
encroach upon required yard spaces set forth in the provisions of
this ordinance; provided, however, that surfaced parking facilities,
signs, fences, child-care large-muscle activity equipment such as
a slide, swing, see-saw, volleyball and net, badminton sets, tetherballs,
and ping-pong sets, and gasoline pumping service units may be permitted
to occupy required yard space unless otherwise prohibited in those
districts permitting such improvements and provided that no inoperable
vehicle may be stored in the front yard of a lot in a residential
district.
The words “inoperable vehicle” as used hereinabove
shall apply to vehicles, motor or otherwise, not maintained in an
operative condition due to partial destruction, depreciation, obsolescence
or having missing parts, or being parts of automobiles, trucks, tractors,
trailers, campers or other mobile units, self-propelled or otherwise,
unless stored or held by a city licensed and permitted yard operating
under Ordinance No. 56 (Code section 9-26 [4.05.031]).
(Ordinance 365, sec. 1, adopted 10/12/81)
Obstructions are permitted in required yards as follows:
(A)
Cornices,
canopies, eaves, fireplaces and similar architectural features may
project no more than two (2) feet into a required yard.
(B)
Fire
escapes may project not more than four and one-half (4-1/2) feet into
a required yard.
(C)
Fences,
hedges, plant materials and walls may be located in any yard provided
they are set back off the front property line a distance of ten (10)
feet and corner traffic visibility is maintained in accordance with
the City of Iowa Park’s traffic code. (Chapter 18 [12] of the
Code of Ordinances)
(D)
Signs
which are permitted as necessary uses in residential districts, may
be located within any yard which is bounded by a public street.
(E)
In residential
districts, detached accessory buildings may be located in a required
rear yard provided the building does not cover more than twenty percent
(20%) of the area of the minimum required rear yard.
(F)
Swimming
pools, tennis courts, and fallout or tornado shelters.
(G)
Mobile
home hitches.
(H)
Carports.
(I)
Customary
accessory structures, such as clothes lines, barbecue pits, and playground
equipment.
(Ordinance 364, sec. l, adopted 10/12/81; Ordinance 818 adopted 12/14/98)
(A)
An accessory
building erected as an integral part of the principal building shall
be made structurally a part thereof, shall have a common wall therewith,
and shall comply with the requirements applicable to the principal
building.
(B)
A detached
accessory building shall not be located in front or side yard or encroach
upon a minimum building setback line, but this limitation shall not
apply to carports, provided the minimum required from [front] yard
or setback line is observed.
(C)
Within
the rear yard, a detached accessory building shall be located at least
three (3) feet from any interior lot line.
(Ordinance 364, sec l, adopted 10/12/81)
It is the purpose of these provisions to recognize the necessity
of child-care facilities in residential and other districts and to
promote the public safety and enjoyment of property rights by establishing
rules and regulations governing the use of yards whether privately,
publicly, or commercially owned and operated.
(A)
Permits
and approval:
No yard shall be used or furnished with
large-muscle activity equipment until a zoning clearance permit has
been issued. No permit shall be issued unless the proposed use of
the yard and equipment shall comply with applicable local and state
department of human resources regulations.
(B)
Requirements:
A yard may contain large-muscle activity equipment in accordance
with the following requirements:
(1)
Equipment
must comply with the Texas Department of Human Resources regulations.
(2)
Equipment
shall not infringe upon applicable minimum yard setback space.
(3)
A
wall or fence shall be constructed not less than six (6) feet in height
with at least two (2) exits. One exit shall be away from the house.
(4)
When
a swimming pool or hot tub is provided, the same shall be enclosed
by a fence at least six (6) feet high and shall be built so that children
cannot climb over it. Gates shall be locked at all times. Machinery
rooms near all pools shall be locked.
(5)
All
lighting of the yard shall be shielded or directed to face away from
adjoining residences. Direct rays form [from] the lights shall not
be visible from adjacent properties.
(6)
No
broadcasting system shall be used for the operation of the child-care
facility.
(7)
The
home grounds and equipment shall be clean, and in good repair, and
kept with the children’s health and safety in mind.
(8)
The
house and yard shall be kept free of stray animals.
(9)
A
protected parking area shall be provided for vehicles where loading
and unloading children takes place.
(Ordinance 365, sec. 1, adopted 10/12/81)
It is the purpose of these provisions to recognize an outdoor
swimming pool as a potential attractive business and to promote the
public safety and enjoyment of property rights by establishing rules
and regulations governing the location and improvements of swimming
pools or hot tubs, whether privately, publicly or commercially owned
or operated.
(A)
Permits
and approvals:
No swimming pool or hot tub shall be constructed
or used until a swimming pool or hot tub building permit and a zoning
clearance permit have been issued therefor. No building permit and
no final zoning clearance permit shall be issued unless the proposed
sanitary facilities and water supply comply with applicable local
and state health department regulations.
(B)
Requirements:
A swimming pool may be constructed and operated when:
(1)
The
pool does not infringe upon any applicable minimum yard setback space;
(2)
A
wall or fence, not less than six (6) feet in height, with self-latching
gates at all entrances, completely encloses either the pool area or
the surrounding yard area;
(3)
All
lighting of the pool is shielded or directed to face away from adjoining
residences. If lights are not individually shielded, they shall be
so placed, or the enclosing wall or fence shall be so designed, that
direct rays from the lights shall not be visible from adjacent properties;
and
(4)
No
broadcasting system is used for the purpose of advertising the operation
of the pool or hot tub, or for the attraction of persons to the premises.
This shall not prevent a public address system necessary or useful
to the supervising of the pool and safety of swimmers.
(Ordinance 375 adopted 4/12/82)
No principal building shall hereafter be constructed on a lot
which does not abut a public dedicated street.
Commercial vehicles, trailers, and roll-off-containers or equipment as defined in Section 301 of this article, of all types, shall not be parked or stored on any residential street, any lot occupied by a dwelling or on any lot in any residential district except in accordance with the following provisions:
(A)
No more
than one (1) commercial vehicle, which does not exceed one and one-half
(1-1/2) tons rated capacity, per family living on the premises shall
be permitted; and in no case shall a commercial vehicle used for hauling
explosives, gasoline, or liquefied petroleum products be permitted.
(B)
No more
than one (1) trailer of any type or recreation vehicle per family
living on the premises shall be permitted upon the public right-of-way
and/or between the street and the front and/or side yard building
limit line, and said trailer or recreation vehicle shall not be parked
or stored for more than forty-eight (48) hours during a ninety (90)
day period, unless it is parked behind the front and/or side yard
building limit line. A recreation vehicle or trailer shall not be
occupied permanently while it is parked or stored in any area within
the incorporated limits, except in a mobile home park authorized under
the ordinance of the City of Iowa Park, Texas however; a recreation
vehicle or trailer may be occupied temporarily for a period not to
exceed fourteen (14) days during a ninety (90) day period, subject
to the parking and storage requirements stated in this section.
(C)
Commercial
vehicles and trailers used for demolition or to haul or store building,
electrical, mechanical or plumbing supplies and equipment may be parked
or stored on a lot or on the adjacent public right-of-way of a lot
in which there is an open permit for demolition, construction or maintenance.
(E)
Any
roll-off container used as a pre-fabricated accessory building, and
not mounted to a roll-off truck or trailer, may be placed on a lot
with a building permit and in accordance with all zoning and set-back
regulations for the district in which it is placed.
(Ordinance 375 adopted 4/12/82; Ordinance 380, sec. l, adopted 7/12/82; Ordinance 1055 adopted 6/23/08; Ordinance 1256, sec. 2, adopted 11/12/18)
Commercial vehicles and trailers of all types may be displayed
in such commercial districts allowing sales of said vehicles or in
such industrial districts allowing their manufacture; provided, however,
said vehicles may not be used for dwelling purposes except in a mobile
home park authorized under the ordinances of the City of Iowa Park,
Texas. Temporary occupancy of commercial vehicles may be allowed at
construction sites as field offices, subject to the city’s approval.
(Ordinance 380, sec. 1, adopted 7/12/82)
It is the intent of these requirements that adequate parking
and loading facilities be provided on off-the-street areas for each
use of land within the City of Iowa Park. Requirements are intended
to be based on the demand created by each use. These requirements
shall apply to all uses in all districts.
Off-street parking space may be a part of the required open
space associated with the permitted use, unless otherwise prohibited;
provided, however, the off-street parking requirements shall not be
reduced or encroached upon in any manner.
The off-street parking lot shall be located within two hundred
(200) feet, exclusive of street and alley widths, of the principal
use and shall have direct access to a street or alley.
Whenever two (2) or more uses are located together in a common
building, shopping center or other integrated building complex, the
parking requirements may be complied with by providing a permanent
common parking facility, cooperatively established and operated, which
contains the requisite number of spaces, for each use. Owners of two
(2) or more businesses and/or other uses on separate lots may jointly
provide for their individual parking needs through a joint facility
and/or facilities, provided that the total number of spaces so provided
shall not be less than the sum of the individual requirements and
that each business and/or other use is within two hundred (200) feet
of the parking facility.
The size of a parking space for one vehicle shall consist of
a rectangular area having dimensions of not less than ten (10) feet
by twenty (20) feet plus adequate area for ingress and egress.
Off-street parking and loading facilities shall be provided
in all districts in accordance with the following schedule:
(A)
Dwelling,
single-family or duplex:
Two (2) parking spaces for each
separate dwelling unit within the structure.
(B)
Dwelling,
multifamily:
The number of spaces provided shall not
be less than one and one-half (1-1/2) times the number of units in
the dwelling.
(C)
Boarding
or rooming house or hotel:
One (1) parking space for
each sleeping room.
(D)
Hospitals:
One (1) space for each four (4) patient beds, exclusive of bassinets,
plus one (1) space for each staff or visiting doctor, plus one (1)
space for each three (3) employees including nurses, plus adequate
area for the parking of emergency vehicles.
(E)
Medical
or dental clinics or offices:
Six (6) spaces per doctor
plus one (1) space for each two (2) employees.
(F)
Convalescent
or nursing homes:
One (1) space for each six (6) patient
beds plus one (1) space for each staff or visiting doctor plus one
(1) space for each two (2) employees including nurses.
(G)
Community
center, theater, auditorium, church sanctuary:
One (1)
parking space for each four (4) permanent seats, based on maximum
seating capacity, or each fifty (50) square feet of floor area in
rooms without permanent seating but intended to be used for assembly
purposes.
(H)
Convention
hall, lodge, club, library, museum, place of amusement or recreation:
One (1) parking space for each fifty (50) square feet of floor
area used for assembly or recreation in the building.
(I)
Office
building:
One (1) parking space for each three hundred
(300) square feet of gross floor area in the building, exclusive of
the area used for storage, utilities and building service.
(J)
Commercial
establishments not otherwise classified:
One (1) parking
space for each one hundred fifty (150) square feet of floor space
used for retail trade in the building and including all areas used
by the public.
(K)
Industrial
establishments:
One (1) off-street parking space for
each five hundred (500) square feet of gross floor area or one (1)
off-street parking space for each two (2) employees, whichever is
greater, and one (1) loading or unloading berth for each twenty-five
thousand (25,000) square feet or fraction thereof of gross floor area.
(Ordinance 375 adopted 4/12/82)
All parking spaces shall be paved with a sealed surface permanent
pavement and maintained in a manner that no dust will result from
continued use.
Whenever off-street parking lots for more than six (6) vehicles
are to be located within or adjacent to a residential district, the
following provisions shall apply:
(B)
No parking
shall be permitted within a front yard when the parking lot is located
in a residential district.
(C)
Driveways
used for ingress and egress shall be confined to and shall not exceed
twenty-five (25) feet in width, exclusive of curb returns.
(D)
All
of the lot used for parking and driveway purposes shall be paved with
a sealed surface pavement and maintained in such a manner that no
dust will be produced by continued use.
(E)
Whenever
lighting is provided, it shall be arranged so that all light is deflected
from adjoining residential uses.
(F)
No sign
of any kind shall be erected except information signs used to guide
traffic and to state the condition and terms of the use of the lots.
Only non-intermittent white lighting of signs shall be permitted.
When the provisions of this ordinance require the construction
of a screening wall or fence as a condition for the initiation and
subsequent continuance of a use, the screening wall or fence:
The screening wall or fence shall be maintained by the owner
of the zoning lot containing the use requiring the construction of
the screening. Failure to maintain after notice by the City Secretary
shall constitute an offense hereunder.
No structure or use in any district shall be erected or commenced
which does not have a connection to the public sewer system, unless
and until the county public health officer certifies that a septic
tank or any substitute disposal system can be installed and operated
effectively. As a basis for making his decision, the public health
officer may require such percolation tests as he deems to be necessary.
Such tests are to be made at the expense of the property owner.
Uses in all territory hereafter annexed to the City shall be
subjected to the regulations of the most restrictive district until
the original zoning district of such territory is established by council.
The planning and zoning commission shall, as soon as practicable after
annexation of any territory, institute proceeding on its own motion
to establish original zoning districts throughout the newly annexed
territory; and the procedure to be followed shall be the same as is
provided by law for the adopting of original zoning districts governing
other parts of the municipality.
(Ordinance 375 adopted 4/12/82)
(A)
In connection
with the residential occupancy of a dwelling and/or the property on
which the dwelling is located, the tenants thereof may offer their
personal belongings and household effects for sale to the general
public; provided, however, the interval between such sales shall be
at least six (6) months, and no sale period shall extend for more
than three (3) consecutive calendar days.
(B)
In addition
to the sales permitted by this section, an individual may conduct
a sale of the type described in this section if the sale is specifically
authorized by the City Council on behalf of a community organization
and the sale is conducted in accordance with the authority granted
by the City Council.
(Ordinance 375 adopted 4/12/82; Ordinance 935, sec. 1, adopted 3/8/04)
Small Wind Energy Systems shall be a permitted use in all zoning
classifications where structures of any type are allowed, subject
to the following requirements:
(A)
A building
construction permit shall be required for the installation of a small
wind energy system.
(B)
Notice
of an application for permit to install a small wind energy system
shall be provided to property owners within two hundred feet (200')
of the property on which the system is to be located. Proof of said
notice will become a part of the construction/installation permit.
(C)
Tower
heights of not more than one hundred and forty feet (140') shall be
allowed on parcels or tracts of land between one and five acres in
size. For property sizes larger than five acres, there is no limitation
on tower height, except as imposed by FAA regulations, provided that
the application includes evidence that the proposed height does not
exceed the height recommendation by the manufacturer or distributor
of the system.
(D)
Setbacks
for the system tower shall be no closer to the property line than
one and one-tenth (1-1/10) times the height of the system and no part
of the system, including guy wire anchors, may extend closer than
ten feet (10') to the property boundary. Additionally, the outer and
innermost guy wires must be marked and clearly visible to a height
of six feet (6') above the guy wire anchors.
(E)
Building
construction/installation permit applications for small wind energy
systems shall be accompanied by a line drawing of the electrical components
in sufficient detail as to allow for a determination that the manner
of installation conforms to the National Electric Code.
(F)
Decibel
levels for the system shall not exceed fifty decibels (50 dBA) measured
at the closest neighboring inhabited dwelling, except during short-term
events such as utility outages and severe windstorms.
(G)
The
building construction/installation permit application must also include
standard drawings and an engineering analysis of the system’s
tower along with certification by a professional, mechanical, civil
or structural engineer.
(H)
The
wind energy system shall comply with all applicable Federal Aviation
Administration requirements including Part 77 of Title 14 of the Code
of Federal Aviation Regulations regarding installations close to airports.
(I)
No grid-interconnected
wind energy system shall be installed until evidence has been given
that the utility company has been informed of the customer’s
intent to install a grid-connected customer-owned generator. Off-grid
wind energy systems shall be exempt of this requirement.
(J)
The
tower shall be designed and installed so as to not provide step bolts
or a ladder readily accessible to the public for a minimum height
of eight feet (8') above the ground.
(K)
All
signs, other than the manufacturer’s or the installer’s
identification, appropriate warning signs or owner identification
on a wind generator, tower, building or any other structure associated
with a small wind energy system visible from any public right-of-way
shall be prohibited.
(L)
A small
wind energy system tower and generator shall not be artificially lighted
unless such lighting is required by the Federal Aviation Administration.
(M)
The
Owner of the property on which a small wind energy system is located
shall maintain a current homeowner’s insurance policy with general
liability coverage for bodily injury and property damage with limits
of at least three hundred thousand dollars per occurrence and three
hundred thousand dollars in the aggregate. Certificates shall be made
available to the City of Iowa Park upon request.
(N)
If the proposed small wind energy system meets the criteria outlined in subsections (A) through (L), this regulation requires the City’s Division of Code Compliance and Chief Building Official to approve the permit application for the small wind energy system by right and no public hearing will be required. For those proposed small wind energy systems that do not meet the criteria of these subsections, a zoning variance from the City’s Board of Adjustment and a public hearing will be required. The City’s variance request fees will be applicable for those small wind energy systems requiring a construction/installation variance.
(O)
A small
wind energy system that is out-of-service for a continuous twelve
(12) month period will be deemed to have been abandoned. The Chief
Building Official may issue a Notice of Abandonment to the owner of
a small wind energy system that it has been deemed to be abandoned.
The owner shall have the right to respond to the Notice of Abandonment
within thirty (30) days from the Notice receipt date. The Chief Building
Official shall withdraw the Notice of Abandonment and notify the owner
that the Notice has been withdrawn if the owner provides information
that demonstrates the small wind energy system has not been abandoned.
(P)
If the
small wind energy system is determined to be abandoned, the owner
of said small wind energy system shall remove the wind generator from
the tower at the owner’s sole expense within three (3) months
of receipt of Notice of Abandonment. If the owner fails to remove
the wind generator from the tower, the Chief Building Official may
pursue a legal action to have said wind generator removed at the owner’s
sole expense.
(Ordinance 1064, sec. 2, adopted 9/22/08)
