This ordinance shall be known and may be cited as “The City of Cameron, Texas, Zoning Ordinance.”
(1986 Code, ch. 12, sec. 1)
For the purpose of this ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word “building” shall include the word “structure”; the word “shall” is mandatory and not directive; the word “lot” includes the word “plot”; and the term “used for” includes the meaning “designed for” or “intended for.” Said words and terms are as follows:
(1)
Accessory building or use -
One which: (a) is subordinate to and serves a principal building or principal use; (b) is subordinate in area, extent or purpose to the principal building or principal use served; (c) contributed to the comfort, convenience and necessity of occupants of the principal building or principal use served; and (d) is located on the same building lot as the principal building or principal use served. “Accessory,” when used in the text, shall have the same meaning as accessory use. An accessory building may be a part of the principal building. Servants’ quarters, as defined, are an accessory building or use.
(2)
Alley -
A public right-of-way which affords a secondary means of access to abutting property.
(3)
Apartment -
A dwelling unit in an apartment house.
(4)
Apartment house -
A building or any portion thereof, which contains three (3) or more dwelling units.
(5)
Auto laundry -
A building or portion thereof containing facilities for washing automobiles using production line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices.
(6)
Awning -
A roof-like cover of a temporary nature that projects from the wall of a building.
(7)
Basement or cellar -
A story wholly or partly (at least 50%) measured from floor to ceiling, below the average level of the ground surrounding the building. A basement or cellar is not counted when measuring the height of a building.
(8)
Block -
A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, airport boundaries or corporate boundary lines.
(9)
Block face -
A side of a block facing upon a street within which lots face the abutting street.
(10)
Board -
The board of adjustment established in section 17 of this ordinance.
(11)
Boarding house -
A building other than a hotel, motel or apartment house where, for compensation and by prearrangement for a definite period, meals or lodging and meals are provided for three (3) or more persons.
(12)
Build -
To erect, convert, enlarge, reconstruct or alter a building or structure.
(13)
Buildable width -
The width of the building site left to be built upon after the required side yards are provided.
(14)
Building -
Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind.
(15)
Building, detached -
A building surrounded by yards or open space on the same building lot.
(16)
Building, height -
The number of stories contained in a building.
(17)
Building line -
The rear line of a required front yard which is generally parallel to the street line forming the front lot line.
(18)
Building lot -
A single tract of land located within a single block which (at the time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. It shall front upon a street or approved place. Therefore, a building lot may not coincide with a lot of record. A building lot may be subsequently subdivided into two (2) or more building lots, subject to the provisions of this ordinance.
(19)
Building, mixed -
A building used partly for residential use and partly for community facility and/or commercial use. A mixed building is a commercial use.
(20)
Building, principal -
A building in which the principal use of the lot on which it is located is conducted. All residential uses, except bona fide servants’ quarters, are principal uses.
(21)
Building, residential -
A building which is arranged, designed, used or intended to be used for residential occupancy by one or more families or lodgers.
(22)
Cellar -
See basement.
(23)
City -
The City of Cameron, Texas.
(24)
Clinic -
The office of one or more medical doctors who may or may not have associated in the practice of their professions.
(26)
Council -
The city council of the City of Cameron, Texas.
(27)
Court -
An open, unoccupied space, bounded on more than two (2) sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanent open space.
(28)
Developments, to develop -
Includes the construction of a new building or any structure on a building lot, the relocation of an existing building on another building lot, or the use of open land for a new use. To develop is to create a development.
(29)
District -
A zoning district which is a part of the city wherein regulation of this ordinance is uniform.
(30)
Dwelling -
A building or portion thereof, but not a Mobile Home or HUD-code manufactured home, designed and used exclusively for residential occupancy, including Industrial Housing and one-family dwellings, two-family dwellings and multifamily dwellings, but not including hotels, motels or lodging houses.
(31)
Dwelling, attached -
One which is joined to another dwelling at one or more sides by a part [party] wall or walls.
(32)
Dwelling, detached -
One which is entirely surrounded by open space on the same building lot.
(33)
Dwelling, multiple-family -
A building or portion thereof constructed for and/or occupied by three (3) or more families and containing three (3) or more dwelling units.
(34)
Dwelling, single-family -
A building containing only one (1) dwelling unit and/or occupied by only one (1) family.
(35)
Dwelling, two-family -
A building containing two (2) dwelling units and/or occupied by two (2) families.
(36)
Dwelling unit -
One or more rooms which are arranged, designed, used or intended to be used for occupancy by a single family or a group of persons living together as a family or by a single individual person.
(37)
Family -
Consists of one or more persons, each related to the other by blood, marriage or adoption; or a group of not more than five (5) persons (excluding servants) who are living together in a dwelling unit.
(38)
Filling station -
Any building or premises used for the dispensing, sale or offering for sale at retail of any automobile fuels or oils. If the dispensing, sale or offering for sale is incidental to a public garage, the premises shall be classified as a public garage.
(39)
Garage, private -
An accessory building designed or used for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory.
(40)
Garage, public -
A building or portion thereof, other than a private or storage garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor-driven vehicles.
(41)
Health service -
A charitable or government operated facility offering to the public medical examinations, diagnosis and limited treatment not for profit.
(42)
Hospital -
A legally authorized institution in which there are complete facilities for diagnosis, treatment, surgery, laboratory, x-ray and the prolonged care of bed patients. Clinics may have some but not all of these facilities.
(43)
Hotel -
An establishment offering lodging to the transient public for compensation. A hotel is distinguished from a motel in that access to the majority of the guest rooms is through a common entrance and lobby. A hotel is a nonresidential use.
(44)
Hotel, apartment -
A hotel in which a majority of the dwelling units or guest rooms are occupied by permanent guests. Dwelling units or guest rooms may include kitchen or cooking facilities. An apartment hotel may contain public banquet halls, ballrooms or meeting rooms, restaurants and lounges accessible to the public only through the lobby and having no exterior display. An apartment hotel is a residential use.
(45)
HUD-code 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 more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems.
(46)
Industrial building -
A commercial structure that is constructed on one or more modules or constructed using one or more modular components built at a location other than the permanent commercial site, and that is designed to be used as a commercial building when the modules or modular components are transported to the permanent commercial site and are erected or installed on a permanent foundation system and connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.
(47)
Industrial housing -
A residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is 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 and connected to the required utilities and includes the plumbing, heating, air-conditioning, and electric systems.
(48)
Junk or salvage yard -
A lot upon which waste or scrap materials are bought, sold, exchanged, stored, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A junk yard includes an automobile wrecking yard and automobile parts yard. A junk yard does not include such uses conducted entirely within an enclosed building.
(49)
Lodging house -
A residential building or portion thereof containing lodging rooms which accommodate persons who are not members of the keeper’s family. Lodging, but not meals, is provided for compensation.
(50)
Loading space -
A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks and having a minimum dimension of twelve feet (12') by thirty-five feet (35') and a vertical clearance of at least fourteen feet (14').
(51)
Lot area -
The area of a horizontal plane intercepted by the vertical projections of the front, side and rear lot lines of a building lot.
(52)
Lot area per dwelling unit -
The lot area required for each dwelling unit located on a building lot.
(53)
Lot, corner -
A building lot situated at the intersection of two (2) streets, the interior angle of such intersection not to exceed 135 degrees.
(54)
Lot depth -
The mean horizontal distance between the front lot line and the rear lot line of building lot measured within the lot boundary.
(55)
Lot, interior -
A building lot other than a corner lot.
(56)
Lot line -
A boundary of a building lot.
(57)
Lot line, front -
That boundary of a building lot which is the line of an existing or dedicated street. Upon corner lots, either street line may be selected as the front lot line, providing a front and rear yard are provided adjacent and opposite, respectively to the front lot line.
(58)
Lot line, rear -
That boundary of a building lot which is most distant from and is, or is most nearly, parallel to the front lot line.
(59)
Lot line, side -
Any boundary of a building lot which is not a front lot line or a rear lot line.
(60)
Lot of record -
An area of land designated as a lot on a plat of a subdivision recorded pursuant to statutes of the State of Texas with the county clerk (of the County of Milam, Texas) or an area of land held in single ownership described by metes and bounds upon a deed recorded or registered with the county clerk.
(61)
Lot, reverse corner -
A corner lot, rear lot line of the street which abuts the side lot line of the lot to its rear.
(62)
Lot, through -
A building lot, not a corner lot, both the front and rear lot lines which adjoin street lines. On a through lot, both streets lines shall be deemed front lot line.
(63)
Lot width -
The minimum distance measured in a straight line between the side lot lines of a building lot along a straight line, which shall be on the side of the building line opposite from the front lot line and one which must touch the building line at one point.
(64)
Marquee or canopy -
A roof-like structure or [of] a permanent nature which projects from a wall of a building or overhangs a public way.
(65)
Mobile homes -
A structure that was constructed before June 15, 19[76] transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.
(66)
Motel, motor hotel or tourist court -
An establishment offering to the transient public the use of guest rooms or sleeping accommodations for compensation. Such an establishment consists of a group of attached or detached guest rooms or sleeping accommodations, the majority of which have private and direct access from parking areas not through a common entrance and lobby. The establishment furnishes customary hotel services and may contain a restaurant, club, lounge banquet hall and/or meeting rooms. A motel is a nonresidential use.
(67)
Motor freight terminal -
A building or area in which freight brought by motor truck is assembled and/or stored for shipping in interstate and intrastate commerce by motor truck. A motor freight terminal is a truck terminal.
(68)
Nonconforming use -
Any building or land lawfully occupied by a use at the time of the original adoption of this ordinance or amendments thereto, not permitted by the use regulations, lot requirements or other regulations of the district in which it is located.
(69)
Noxious matter -
A material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being or comfort of humans.
(71)
Open storage -
The storage of any equipment, machinery, commodities, raw, semifinished materials and building materials not accessory to a residential use which is visible from any point on the building lot line when viewed from ground level to six feet (6') above ground level.
(72)
Parking space -
A surface area, enclosed or unenclosed, sufficient in size to store one (1) automobile together with a surfaced driveway connecting the parking space with the street or alley and permitting ingress or egress of an automobile. A parking space shall not occupy any public land.
(73)
Public parks -
Any publicly owned park, playground, beach, parkway or roadway within the jurisdiction and control of the city.
(74)
Rest home or nursing home -
A private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders. Such homes do not contain facilities for surgical care or the treatment of disease or injury.
(75)
Screening device -
Shall consist of a barrier of stone, brick, pierced brick or block, uniformly colored wood or other permanent material of equal character, density and acceptable design at least six feet (6') in height, where the solid area equals at least sixty-five percent (65%) of the wall surface, including an entrance gate or gates. Such screening device shall be continuously maintained.
(76)
Servants’ quarters -
An accessory building or portion of a main building located on the same lot as the principal building, occupied only by such persons and their families as are employed full time by the occupants of the principal residence.
(77)
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 and which directs attention to an object, product, place, activity, institution or business. A sign is not a display of official court or public office notices, nor is it a flag, emblem or insignia of a nation, political unit, school or religious group. A sign shall not include a sign located completely within an enclosed building.
(78)
Sign, advertising -
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed.
(79)
Sign, business -
A sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered upon the premises.
(80)
Sign, flashing -
An illuminated sign on which the .artificial light is not maintained stationarily, or in constant intensity or color at all times when such sign is in use. For the purpose of this ordinance, any revolving illuminated sign shall be considered a flashing sign.
(81)
Sign, illuminated -
Any sign designed to give forth any artificial light or designed to reflect light from one or more sources, natural or artificial.
(82)
Story -
That part of a building between the surface of a floor and the ceiling immediately above.
(83)
Street -
A public right-of-way which affords a primary means of access to abutting property. A driveway or alley which serves only to give secondary vehicular access to a building lot or to an accessory parking or loading facility or to allow vehicles to take or discharge passengers at the entrance to a building shall not be considered a street.
(84)
Street line -
The right-of-way line of a street.
(85)
Toxic materials -
Those materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.
(86)
Trailer camp, mobile home camp and/or trailer park or mobile home park -
Any premises on which one or more house trailers and/or mobile homes are parked or situated and used for living purposes, or any premises used or held out for the purpose of supplying to the public a park space for one or more house trailers and/or mobile homes whether such house trailers and/or mobile homes stand on wheels or rigid supports. The items defined herein can be located only under the terms of section 13 of this ordinance and in the locations and with the restrictions therein specified.
(87)
Use -
The use of property is the purpose or activity for which the land or building thereon is designed, arranged or intended, for which it is occupied or maintained, and shall include any manner of such activity with respect to the standards of this ordinance.
(88)
Use, principal -
The main use of land or buildings, as distinguished from a subordinate or accessory use.
(89)
Visual screen -
A wall, not of living plant material, permanently affixed to the ground in which the area of all openings and cracks in each square foot of wall and entrance gates shall not exceed fourteen (14) square inches, and the wall is of sufficient height so that the objects being screened are not visible from any point on the lot line when viewed from any height between ground level and seven feet (7') above ground level. No wall shall exceed ten feet (10') in height.
(89.5)
Wrecker storage yard -
Any lot upon which three (3) or more motor vehicles of any kind, which are incapable of being operated due to condition or lack of license, have been placed for the purpose of storage. Dismantling vehicles to obtain parts for recycling or resale shall only be allowed if incidental to the operations of the wrecker storage yard.
(90)
Yard -
An open space on the same building lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a rear yard, and the depth of a front yard, the minimum horizontal distance between the building site and the lot line shall be used. A yard extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations of the zoning district in which such building is located.
(91)
Yard, front -
A yard extending along the whole length of the front lot line between the side lot lines, and being the minimum horizontal distance between the street line and the main building or any projections thereof, other than steps, planter boxes and unenclosed porches.
(92)
Yard, rear -
A yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projections thereof, other than steps, unenclosed balconies or unenclosed porches.
(93)
Yard, side -
A yard extending along the side lot line from the front yard to the rear yard, being the minimum horizontal distance between any building or projections thereof, except steps and the side lot line.
(94)
Zoning district map -
The map or maps incorporated into this ordinance as a part hereof by reference thereto.
(1986 Code, ch. 12, sec. 2; Ordinance 2020-08-03-006, sec. 2, adopted 8/3/20)
For the purpose of this ordinance, the city is hereby divided into five (5) districts as follows:
District R-1 | Single-family residential district |
District R-2 | Multiple-family residential district |
District B | Business district |
District C | Commercial district |
District M | Industrial district |
The location and boundaries of the districts herein established are shown upon the official zoning map, which is hereby incorporated into this ordinance. Said zoning map, together with all notations, references and other information shown thereon and all amendments thereto, shall be as much a part of this ordinance as if fully set forth and described herein. Said zoning map, properly attested, is on file in the office of the city secretary.
(1986 Code, ch. 12, sec. 3)
Where uncertainty exists with respect to the boundaries of any of the aforesaid district shown on the zoning map, the following rules shall apply:
A.
Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or highway right-of-way lines, such centerlines, street lines or highway right-of-way lines shall be construed to be said boundaries;
B.
Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries;
C.
Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines of right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale of said zoning map;
D.
In unsubdivided property, the district boundary lines on the zoning map shall be determined by the use of the scale appearing on the map;
E.
In the case of a district boundary line dividing a property into two (2) parts, the district boundary line shall be construed to be the property line nearest the district boundary line as shown;
F.
Whenever any street, alley or other public way is vacated by official action of the city council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts; and
G.
Where the streets or alleys on the ground differ from the streets or alleys as shown on the zoning map, the streets or alleys on the ground shall control.
(1986 Code, ch. 12, sec. 4)
Except as hereinafter specifically provided:
A.
No land shall be used except for a purpose permitting [permitted] in the district in which it is located;
B.
No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted in the district in which such building is located;
C.
No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which such building is located;
D.
No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which such building is located;
E.
No building shall be erected or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the district in which such building is located;
F.
The minimum yards, parking spaces and open spaces, including lot area per family, required by this ordinance for each and every building existing at the time of original passage of this ordinance or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements for the district in which such lot is located.
(1986 Code, ch. 12, sec. 5)
A.
Use regulations.
A building or premises shall be used only for the following purposes:
(1)
One-family dwellings;
(2)
Churches or other places of worship;
(3)
Colleges, universities or other institutions of higher learning;
(4)
Country clubs or golf courses, but not including miniature golf courses, driving ranges or similar forms of commercial amusement;
(5)
Farms, nurseries, green houses or truck gardens, limited to the propagation and cultivation of plants, provided no retail or wholesale business is conducted on the premises;
(6)
Parks, playgrounds, community buildings and other public recreational facilities, owned and/or operated by the municipality or other public agency.
(7)
Public buildings, including libraries, museums, police and fire stations;
(8)
Real estate sales offices during the development of residential subdivisions, but not to exceed two (2) years;
(9)
Schools, public, elementary or high;
(10)
Schools, private, with curriculum equivalent to that of a public elementary or high school;
(11)
Temporary buildings for uses incidental to construction work on the premises, which buildings shall be removed upon the completion or abandonment of construction work;
(12)
Water supply reservoirs, pumping plants and towers;
(13)
Accessory buildings and uses, customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a retail business:
(a)
The term “accessory use” shall include customary home occupations such as the office of a milliner, dressmaker, musician or artist, provided that such uses are located in the dwelling used by such a person as his or her private resident [residence], and provided that no assistant not a member of the family residing on the premises is employed, and no window display or sign is used to advertise the same;
(b)
A billboard, signboard or advertising sign shall not be permitted as an accessory use, except that the placing of an unilluminated “for sale” or “for rent” sign not more than eight (8) square feet in area may be permitted as an accessory use, and except that churches and other institutions may display signs showing names, activities and services therein provided, and that during construction of a building one (1) unilluminated sign advertising contractors or architects on such premises shall be permitted, provided that such sign shall not be more than eight (8) square feet in area and shall be set back of the established or customary building line, and such sign shall be removed immediately upon completion of the building; and
(c)
A private garage with or without storeroom and/or utility room shall be permitted as an accessory building, provided that such garage shall be located not less than twenty-five feet (25') from the front lot line nor less than five feet (5') from any side or rear lot line and in the case of corner lots not less than the distance required for residences from side streets. A garage constructed as an integral part of the main building shall be subject to the regulations affecting the main building; and
(14)
Such uses as may be permitted under the provisions of Section 13, special use permits.
B.
Height regulations.
No building shall exceed thirty-five feet (35') or two and one-half (2-1/2) stories in height.
C.
Area regulations.
(1)
Size of yards.
(a)
Front yard:
There shall be a front yard having a depth of not less than twenty-five feet (25'). Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. No parking shall be allowed within the required front yard.
(b)
Side yard:
There shall be a side yard on each side of the lot having a width of not less than ten feet (10'). A side yard adjacent to a side street shall not be less than fifteen feet (15'). No side yard for allowable nonresidential uses shall be less than twenty-five feet (25').
(c)
Rear yard:
There shall be a rear yard having a depth of not less than twenty-five feet (25').
(2)
Size of lot.
(a)
Lot area:
No building shall be constructed on any lot of less than four thousand (4,000) square feet.
(b)
Lot width:
The width of the lot shall be not less than fifty feet (50') at the front street building line, nor shall its average width be less than fifty feet (50').
(c)
Lot depth:
The average depth of the lot shall not be less than eighty feet (80').
(d)
Where a lot having less area, width and/or depth than herein required existed in separate ownership upon the original effective date of this ordinance, the above regulations shall not prohibit the erection of a one-family dwelling thereon.
(3)
Lot coverage.
In no case shall more than fifty percent (50%) of the total lot area be covered by the combined area of the main buildings and accessory buildings.
D.
Parking regulations.
Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 11.
(1986 Code, ch. 12, sec. 6)
A.
Use regulations.
A building or premises shall be used only for the following purposes:
(1)
Any use permitted in district R-1;
(2)
Two-family dwellings or duplexes;
(3)
Multifamily dwellings;
(4)
Boarding and lodging houses;
(5)
Day nurseries;
(6)
Dormitories for students;
(7)
Fraternity or sorority houses;
(8)
Hospitals, clinics and sanitariums, except a criminal, mental or animal hospital;
(9)
Institutions of a religious, educational, charitable or philanthropic nature, but not a penal or mental institution;
(10)
Nursing and convalescent homes;
(11)
Private clubs and fraternal orders when not operated for private profit;
(12)
Accessory buildings and uses customarily incident to the above uses and located on the same lot therewith, not involving the conduct or a retail business; and
(13)
Such uses as may be permitted under the provision of section 13, special use permits.
B.
Height regulations.
No building shall exceed forty-five feet (45') or three (3) stories in height without a special permit from the city council.
C.
Area regulations.
(1)
Size of yards.
(a)
Front yard:
Same as district R-1.
(b)
Side yard:
There shall be a side yard on each side of the lot having a width of not less than ten feet (10'). A side yard adjacent to a side street shall not be less than fifteen feet (15'). No side yard for allowable nonresidential uses shall be less than fifteen feet (15').
(c)
Rear yard:
Same as district R-1.
(2)
Size of lot.
(a)
Lot area:
No building shall be constructed on any lot of less than four thousand (4,000) square feet. No building containing two (2) or more dwelling units shall be constructed on any lot of less than five thousand (5,000) square feet. No lot shall contain less than fifteen hundred (1,500) square feet per dwelling unit, providing, however, that this regulation shall not apply to hotels, apartment hotels or motels where no cooking is done in any individual room.
(b)
Lot width:
The width of the lot shall not be less than fifty feet (50') at the front street building line, nor shall its average width be less than fifty feet (50').
(c)
Lot depth:
The average depth of the lot shall not be less than eighty feet (80').
(d)
Where a lot having less area, width and/or depth than herein required existed in separate ownership upon the original effective date of this ordinance, the above regulations shall not. prohibit the erection of a one-family dwelling thereon, or a two-family or three-family dwelling on a lot containing not less than five thousand (5,000) square feet.
(3)
Lot coverage.
In no case shall more than fifty percent (50%) of the total lot area be covered by the combined area of the main buildings and accessory buildings.
D.
Parking regulations.
Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 11.
(1986 Code, ch. 12, sec. 7)
A.
Permitted uses.
Attached single-family structures with a minimum of 500 square feet of living area and permitted accessory structures generally known as apartments, with buildings not exceeding 3 stories, not more than 21 units per acre.
B.
Conditions and limitations.
(i)
More than one building or structure may be located upon a lot.
(ii)
All buildings and structures shall be separated by a minimum horizontal distance of ten (10) feet.
(iii)
Parking:
(A)
There shall be a minimum five (5) foot setback from the rear most wall of any garage, and from the curb line of any parking area, to the nearest property line.
(B)
Private garages and covered parking, if any, may be attached or detached.
(C)
A minimum of two (2) off-street parking spaces shall be provided for each living unit. All off-street parking and driveways shall be improved with all weather asphalt, concrete, or paving stones, and curb and gutter.
(iv)
The commission and the council may consider number of units proposed, the availability of mass-transit and the impact the development may have on existing traffic patterns, with respect to any application for multifamily zoning.
(v)
[Reserved.]
(Ordinance 2002-07-01-013 adopted 7/1/02)
A.
Use regulations.
A building or premises shall be used only for the following purposes:
(1)
Any use permitted in district R-2.
(2)
Automobile parking lots;
(3)
Bakeries, retail sales only;
(4)
Banks;
(5)
Bowling alleys, drive-in restaurants, other similar places of entertainment or amusement, provided such use is located no less than one hundred feet (100') from any R district;
(6)
Dancing or music academies;
(7)
Florist shops or greenhouses;
(8)
Frozen food lockers, for individual or family use;
(9)
Gasoline service station, provided that the activities permitted do not include major automobile repairs, the storage or dismantling of old or wrecked motor vehicles, the sale of used automobile parts or the sale of new or used motor vehicles;
(10)
Hotels and motels;
(11)
Laundries, self-service;
(12)
Offices and office buildings;
(13)
Personal service uses including barber shops, beauty parlors, photographic or artist studios, messengers, taxicabs, newspaper or telegraphic service stations, dry-cleaning and pressing, dressmaking, tailoring, shoe repairing, repair of household appliances and bicycles, catering, restaurants and other personal service uses of a similar character;
(14)
Retail stores and other local business uses, subject to the following conditions:
(a)
That it be conducted wholly within an enclosed building;
(b)
That sidewalk be not used for display, sale or storage of merchandise or for the storage of vehicles, equipment, containers or waste material; and
(c)
That such use be not objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance;
(15)
Signs (advertising) used in connection with and on the same lot as the business establishments to which they refer;
(16)
Theaters;
(17)
Accessory buildings and uses customarily incident to any of the above uses, provided that such be not objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance: and
(18)
Such uses as may be permitted under the provisions of Section 13, special use permits.
B.
Height regulations.
Same as district R-2.
D.
Parking and loading regulations.
Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 11.
(1986 Code, ch. 12, sec. 8; Ordinance 2003-03-03-010, sec. 2, adopted 3/3/03)
A.
Use regulations.
A building or premises shall be used only for the following purposes:
(1)
Any use permitted in District B.
(2)
Automobile or trailer display and sales, repair garages, tire and seat cover shops, car wash;
(3)
Bakeries;
(4)
Building material storage yards;
(5)
Business or commercial school;
(6)
Candy and jewelry manufacturing;
(7)
Carpentry, painting, plumbing or tinsmithing shop;
(8)
Cleaning and dyeing plants, laundry;
(9)
Creamery, ice cream manufacturing and dairy operations;
(10)
Farm implement display and sales room;
(11)
Ice plants;
(12)
Milk distributing station;
(13)
Mortuaries;
(14)
Pet shops, retail;
(15)
Printing, engraving and newspaper plants;
(16)
Public utilities substations;
(17)
Radio or television broadcasting station or studio;
(18)
Retail stores;
(19)
Upholstering shop and furniture manufacturing;
(20)
Veterinarian or animal hospital, provided that no such building, kennel or exercise runway shall be closer than twenty-five [feet] (25') to any R district;
(21)
Wholesale establishments and warehouses;
(22)
Industrial building;
(23)
Uses similar to the above mentioned permitted uses, provided activities conducted observe the requirements of all city ordinances and regulations;
(24)
Accessory buildings and uses customarily incident to any of the above uses, provided such be not objectionable because of odor, smoke, dust, noise, vibration or similar nuisance; and
(25)
Such uses as may be permitted under the provisions of article [section] 13, special use permits.
B.
Height regulations.
Same as district R-2.
C.
Area regulations.
(1)
Size of yards.
(b)
Side yard.
(i)
Residential:
There shall be a side yard on each side of the lot having a width of not less than ten feet (10'). A side yard adjacent to a side street shall not be less than fifteen feet (15').
(ii)
Other use:
A side yard of not less than fifteen feet (15') in width shall be provided on the side of a lot adjoining a side street. A side yard of not less than ten feet (10') in width shall be provided on the side of a lot adjoining an R district. Otherwise, no side yard is required. No parking, storage or similar use shall be allowed in any required side yard or in any required side street yard adjoining an R district.
D.
Parking and loading regulations.
Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 11.
(Ordinance 2003-03-03-010, sec. 3, adopted 3/3/03; 1986 Code, ch. 12, sec. 9; Ordinance 2016-03-07-011 adopted 3/7/16)
A.
Use regulations.
The following uses are permitted in the M district:
(1)
Any use permitted in any of the aforementioned districts, with the exception of HUD-code manufactured homes, provided that all requirements of the R-2 district shall apply to dwelling units.
(2)
Apparel and other products assembled from finished textiles;
(3)
Bottling works;
(4)
Carting, express, hauling or storage yard;
(5)
Coal, coke or wood yard;
(6)
Contractor’s yard;
(7)
Cosmetic manufacturer;
(8)
Drugs and pharmaceutical products manufacturing;
(9)
Electronic products manufacturing;
(10)
Fur goods manufacture, but not including tanning or dyeing;
(11)
Glass products, from previously manufactured glass;
(12)
Household appliance products assembly and manufacture from pre-fabricated parts;
(13)
Industrial and manufacturing plants including the processing or assembling of parts for production of finished equipment where the process of manufacturing or treatment of materials is such that only a nominal amount of dust, odor, gas, smoke or noise is emitted and not more than ten percent (10%) of the lot or tract is used for the open storage of products, material or equipment;
(14)
Musical instruments assembly and manufacture;
(15)
Planing mills;
(16)
Plastic products manufacture, but not including the processing of raw materials;
(17)
Sporting and athletic equipment manufacture;
(18)
Testing and research laboratories;
(19)
Hatcheries (poultry);
(20)
Slaughter houses and meat processing plants; and
(21)
Other uses similar to the above listed uses, except that the following uses are specifically prohibited:
(a)
Acetylene gas manufacture or storage;
(b)
Acid manufacture;
(c)
Alcohol manufacture;
(d)
Ammonia, bleaching powder or chlorine manufacture;
(e)
Arsenal;
(f)
Asphalt manufacture or refining;
(g)
Blast furnace;
(h)
Bag cleaning, unless clearly accessory to the manufacture of bags;
(i)
Boiler works;
(j)
Brick, tile, pottery or terra cotta manufacture other than the manufacture of handcraft or concrete products;
(k)
Celluloid manufacture or treatment;
(l)
Cement, lime, gypsum or plaster of paris manufacture;
(m)
Central mixing plant for cement, mortar, plaster or paving materials;
(n)
Coke ovens;
(o)
Cotton gins;
(p)
Cotton seed oil manufacture;
(q)
Creosote manufacture or treatment;
(r)
Disinfectants manufacture;
(s)
Distillation of bones, coal or wood;
(t)
Dyestuff manufacture;
(u)
Exterminator and insect poison manufacture;
(v)
Emery cloth and sandpaper manufacture;
(w)
Explosives or fireworks manufacture or storage;
(x)
Fat rendering;
(y)
Fertilizer manufacture;
(z)
Fish smoking and curing;
(aa)
Forge plant;
(bb)
Garbage, offal or dead animals reduction or dumping;
(cc)
Gas manufacture or storage, for heating or illuminating purposes;
(dd)
Glue, size or gelatin manufacture;
(ee)
Iron, steel, brass or copper foundry or fabrication plant;
(ff)
Junk, iron or rag storage or baling, junk or salvage yards;
(gg)
Match manufacture;
(hh)
Lampblack manufacture;
(ii)
Magnesium manufacture or processing;
(jj)
Oilcloth or linoleum manufacture;
(kk)
Oiled rubber goods manufacture;
(ll)
Ore reduction;
(mm)
Paint, oil, shellac, turpentine or varnish manufacture;
(nn)
Paper and pulp manufacture;
(oo)
Petroleum or its products, refining;
(pp)
Pickle manufacturing;
(qq)
Potash works;
(rr)
Pyroxline [Pyroxyline] manufacture;
(ss)
Rock crusher;
(tt)
Rolling mill;
(uu)
Rubber or gutta-percha manufacture or treatment but not the making of articles out of rubber;
(vv)
Sauerkraut manufacture;
(ww)
Salt works;
(xx)
Shoe polish manufacture;
(yy)
Smelting of tin, copper, zinc or iron ores;
(zz)
Soap manufacture other than liquid soap;
(aaa)
Soda and compound manufacture;
(bbb)
Stone mill or quarry;
(ccc)
Stove polish manufacture;
(ddd)
Tallow grease or lard manufacture or refining from, or of, animal fat;
(eee)
Tanning, curing or storage of raw hides or skins;
(fff)
Tar distillation or manufacture;
(ggg)
Tar roofing or waterproofing manufacture;
(hhh)
Tobacco (chewing) manufacture or treatment;
(iii)
Vinegar manufacture;
(jjj)
Wool pulling or scouring; and
(kkk)
Yeast plant.
B.
Height regulations.
No building shall exceed in height the width of the street on which it faces plus the depth of the front yard.
C.
Area regulations.
(1)
Size of yards.
(a)
Front yard.
Where none of the frontage on either side of the street between two intersecting streets is located in an R district, no front yard is required. Where the frontage on one side of the street between two intersecting streets is located partly in district M and partly in an R district, the front yard shall conform to the R district regulations for a distance of not less than three hundred feet (300') from the district boundary. Where a front yard is required along the frontage on one side of a street, the front yard requirements of the property directly opposite on the other side of the street shall be not less than twenty-five feet (25'). No parking, storage or similar use shall be allowed in required front yards in district M.
(b)
Side yard.
No side yard is required except that a side street yard of not less than twenty-five feet (25') in width shall be provided on the side of the lot adjoining or across a side street from an R district. No parking, storage or similar use shall be allowed in required side yards or side street yard in district M.
(c)
Rear yard.
No rear yard is required except that a rear yard of not less than fifty feet (50') in depth shall be provided upon that portion of a lot abutting or across a rear street from an R district, except that such yard requirement shall not apply where the property in the R district also backs up to the rear street. No parking, storage or similar use shall be allowed in required rear yards in district M within twenty-five feet (25') of the rear property line.
(2)
Size of lot.
No minimum lot size is required in the M district.
(3)
Lot coverage.
No minimum coverage is required in the M district.
D.
Parking and loading regulations.
Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 11.
(1986 Code, ch. 12, sec. 10; Ordinance 2003-03-03-010, sec. 4, adopted 3/3/03)
A.
Parking requirements based on use.
In all districts, with the exception of district B, there shall be provided at the time any building or structure is erected or structurally altered (except as provided in section 11.B) off-street parking spaces in accordance with the following requirements:
(1)
Bowling alley: Three (3) parking spaces for each alley;
(2)
Business or professional office, studio, bank, medical or dental clinic: Three (3) parking spaces plus one (1) additional parking space for each five hundred (500) square feet of floor area over five hundred (500);
(3)
Church or other place of worship: One (1) parking space for each ten (10) seats in the main auditorium;
(4)
Community center, library, museum or art gallery: Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one (1) space for each ten (10) seats that is contains;
(5)
Dance hall, assembly or exhibition hall without fixed seats: One (1) parking space for each two hundred (200) square feet of floor area used thereof;
(6)
Dwellings, including single, two-family and multifamily: One (1) parking space for each dwelling unit;
(7)
Fraternity, sorority or dormitory: One (1) parking space for each six (6) beds;
(8)
Furniture or appliance store, hardware store, wholesale establishments, machinery or equipment sales and service, clothing or shoe repair or service shop: Two (2) parking spaces plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1,000);
(9)
Hospital: Four (4) parking spaces plus one (1) additional parking space for each four (4) beds;
(10)
Hotel: One (1) parking space for each two (2) sleeping rooms or suites plus (1) space for each two hundred (200) square feet of commercial floor area contained therein;
(11)
Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse, printing, or plumbing shop or similar establishment: One (1) parking space for each three (3) employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith;
(12)
Motor vehicle salesrooms and used car lots: One (1) parking space for each eight hundred (800) square feet of sales floor;
(13)
Private club, lodge, country club or golf club: One (1) parking space for each one hundred fifty (150) square feet of floor area or for every five (5) members, whichever is greater;
(14)
Retail store or personal service establishment, except as otherwise specified herein: One (1) parking space for each three hundred (300) square feet of floor area;
(15)
Restaurant, night club, cafe or similar recreation or amusement establishment: One (1) parking space for each one hundred fifty (150) square feet of floor area;
(16)
Rooming or boarding house: One (1) parking space for each two (2) sleeping rooms;
(17)
Sanitarium, convalescent home, home for the aged or similar institution: One (1) parking space for each six (6) beds;
(18)
School, elementary: One (1) parking space for each ten (10) seats in the auditorium or main assembly room, or one (1) space for each classroom, whichever is greater;
(19)
School, secondary or college: One (1) parking space for each eight (8) seats in the main auditorium or three (3) spaces for each classroom, whichever is greater;
(20)
Theater, auditorium (except school), sports arena, stadium or gymnasium: One (1) parking space for each four (4) seats or bench seating spaces; and
(21)
Tourist home, cabin or motel: One (1) parking space for each sleeping room or suite.
B.
Rules for computing number of parking spaces.
In computing the number of parking spaces required for each of the above uses, the following rules shall govern:
(1)
Floor area shall mean the gross floor area of the specific use;
(2)
Where fractional spaces result, the parking spaces required shall be constructed [construed] to be the nearest whole number;
(3)
The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature;
(4)
Whenever a building or use constructed or established after the original effective date of this ordinance is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the original effective date of this ordinance is enlarged to the extent of fifty percent (50%) or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein; and
(5)
In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
C.
Location of parking spaces.
All parking spaces required herein shall be located on the same lot with the building or use served, except as follows:
(1)
Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located not to exceed three hundred feet (300') from an institutional building served and not to exceed five hundred feet (500') from any other nonresidential building served; and
(2)
Not more than fifty percent (50%) of the parking spaces required for (a) theaters, bowling alleys, dance halls, night clubs or cafes, and not more than eighty percent (80%) of the parking spaces required for a church or school auditorium may be provided and used jointly by (b) similar uses not normally open, used or operated during the same hours as those listed in (a); provided, however, that written agreement thereto is properly executed and filed as specified below:
In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form by the city attorney and shall be filed with the application for a building permit.
D.
Minimum dimensions for off-street parking.
(1)
Ninety degree (90°) angle parking:
Each parking space shall be not less than eight feet (8') wide nor less than eighteen feet (18') in length. Maneuvering space shall be in addition to parking space and shall be not less than twenty-four feet (24') perpendicular to the building or parking line.
(2)
Sixty degree (60°) angle parking:
Each parking space shall be not less than eight feet (8') wide perpendicular to the parking angle nor less than seventeen feet (17') in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than twenty feet (20') perpendicular to the building or parking line.
(3)
Forty-five degree (45°) angle parking:
Each parking space shall be not less than eight feet (8') wide perpendicular to the parking angle nor less than sixteen feet (16') in length when measured at right angles to the building or parking lines. Maneuvering space shall be in addition to parking space and shall be not less than eighteen feet (18') perpendicular to the building or parking line.
(4)
When off-street parking facilities are located adjacent to a public alley, the width of said alley may be assumed to be a portion of the maneuvering space requirement.
(5)
Where off-street parking facilities are provided in excess of the minimum amounts herein specified, or when off-street parking facilities are provided but not required by this ordinance, said off-street parking facilities shall comply with the minimum requirements for parking and maneuvering space herein specified.
E.
Off-street loading space.
Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary or any other use similarly involving the receipt or distribution by vehicles of materials or merchandise, shall provide and maintain on the same premises loading space in accordance with the following requirements:
(1)
In district M, one (1) loading space for each ten thousand feet (10,000'), or fraction thereof, of floor area in the building;
(2)
In district C, one (1) loading space for the first five thousand (5,000) to fifteen thousand (15,000) square feet of floor area in the building and one (1) additional loading space for each fifteen thousand (15,000) square feet, or fraction thereof, of floor area in excess of fifteen thousand (15,000) square feet; and
(3)
Each required loading space shall have a minimum size of ten feet (10') by twenty-five feet (25').
(1986 Code, ch. 12, sec. 11)
A.
Height.
(1)
The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors, flagpoles, electric display signs and necessary mechanical appurtenances.
(2)
Public or semipublic service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding sixty feet (60'), and churches and other places or worship may be erected to a height not exceeding seventy-five feet (75') when each of the required yards are increased by one foot (1') for each foot of additional building height above the height regulations for the district in which the building is located.
(3)
No structure may be erected to a height in excess of that permitted by the regulations of such airfield zoning regulations as may exist at the time and whose regulations apply to the area in which the structure is being erected.
B.
Front yards.
(1)
Where twenty-five percent (25%) or more of the frontage upon the same side of a street between two intersecting streets is occupied or partially occupied by a building or buildings with front yards of less depth than required by this ordinance, or where the configuration of the ground is such that conformity with the front yard provisions of this ordinance would work a hardship, the board of adjustment may permit modifications of the front yard requirements.
(2)
In district R-1 or R-2 where twenty-five percent (25%) or more of the frontage upon the same side of a street between intersecting streets is occupied or partially occupied by a building or buildings having front yards of greater depth than is required by this ordinance, no other lot upon the same side of such street between such intersecting streets shall be occupied by a building with a front yard of less than the least depth of any such existing front yards, unless by permission of the board of adjustment.
(3)
In a residential district no fence, structure or planting higher than three and one-half feet (3-1/2') above the established street grades shall be maintained within twenty feet (20') of any street intersection.
(4)
Open and unenclosed terraces or porches and eave and roof extensions may project into the required front yard for a distance not to exceed four feet (4'); provided, however, that no supporting structure for such extensions may be located within the required front yard. An unenclosed canopy for a gasoline filling station may extend beyond the building line but shall never be closer to the property line than twelve feet (12'). The building line of a gasoline filling station shall mean the actual wall of the building and shall not be interpreted as being the curb of a walk or driveway or as the front of a canopy or the columns supporting same.
(5)
Where an official line has been established for future widening or opening of street upon which a lot abuts, then the width of a front or side yard shall be measured from such official line of the building.
C.
Side yards.
(1)
On a corner lot the width of the yard along the side street shall not be less than any required front yard on the same side of such street between intersecting streets, provided, however, that the buildable width of a lot of record shall not be reduced to less than thirty feet (30').
(2)
No accessory building shall project beyond a required yard line along any street.
(3)
For the purpose of side yard regulations, a two-family dwelling or multifamily dwelling shall be considered as one (1) building occupying one (1) lot.
(4)
Where a lot of record at the time of the original effective date of this ordinance is less than fifty feet (50') in width, the required side yard may be reduced to provide a minimum buildable width of thirty feet (30'), provided, however, that no side yard shall be less than five feet (5').
(5)
The area required in a yard shall be open to the sky, unobstructed except for the ordinary projections of window sills, cornices or other ornamental features.
(6)
A roof overhang, an open fire escape or an outside stairway may project not more than three feet (3') into a required side yard, but no closer than three feet (3') to a property line.
D.
Rear yards.
An accessory building not exceeding twenty feet (20') in height may occupy not to exceed twenty-five percent (25%), and unenclosed parking spaces may occupy not to exceed eighty percent (80%) of the area of a required rear yard but no accessory building shall be closer than five feet (5') to any rear or side lot line.
(1986 Code, ch. 12, sec. 12)
A.
Special uses.
The city manager and/or city secretary, may, after proper notice to all parties affected, and in accordance with current city council policy, authorize the location of any of the following uses in the special district, provided the application shall be accompanied by a site plan drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities, size, height and construction of signs, location of buildings on the property and the uses to be permitted, means of ingress and egress to public streets, and the type of visual screening such as walls, plantings and fences:
(1)
Institutions of an educational, philanthropic or religious nature in any district;
(2)
Radio broadcasting towers and stations, television towers and television transmitting stations in any district;
(3)
Any installation of a public utility, either privately or publicly owned, in any district (but not including offices);
(4)
Private clubs on a site of three (3) acres or more in any district;
(5)
Hospitals on a site of five (5) acres or more in any district;
(6)
Shopping centers or related commercial developments on a site of three (3) acres or more in any district;
(7)
Apartment projects on a minimum site of two and one-half (2-1/2) acres or on one (1) block of a street frontage between intersecting streets, whichever is smaller, in any district;
(8)
Professional offices for architects, engineers, landscape architects, attorneys, interior decorators and certified public accountants in any R-2 district;
(9)
Public stables or riding academies on a site of ten (10) acres or more in any district;
(10)
Hotels and motels with related uses, on a site of five (5) acres or more in any district;
(11)
Circuses, carnivals and other similar transient amusement enterprises in the business, commercial or industrial districts, but not within three hundred feet (300') of any R district;
(12)
Greenhouses or plant nurseries on a site of three (3) acres or more in any district;
(13)
Beauty parlors and barbershops, neighborhood grocery stores and drug stores, washaterias and any other neighborhood services and businesses;
(14)
A tourist or trailer camp and/or trailer park and/or mobile home camp and/or mobile home park may be located in a business, commercial and/or industrial district and its extension into an abutting residential district. Individual trailer houses and/or individual mobile homes may be located as a single unit in any district of the City of Cameron under the terms of this section. Providing, however, such tourist or trailer camps, trailer parks, mobile home camps, mobile home parks, individual trailer houses and/or individual mobile homes shall comply with the following, where applicable, and such additional requirements as may be deemed necessary for proper development and the protection of the surrounding area:
(a)
All appropriate state and county sanitation regulations shall be strictly observed;
(b)
At least fifteen hundred (1,500) square feet of lot area per trailer shall be provided; no trailer or mobile home shall be parked closer to the street than the required front yard setback, nor closer than thirty feet (30') to any property line abutting or lying within an R District, nor closer than twenty feet (20') to any other property line. A clearance of not less than fifteen feet (15') shall be maintained between trailer coaches or mobile homes on all sides;
(c)
Trailer coach or mobile home spaces shall abut upon a hard surfaced driveway or accessway of not less than twenty-five (25') in width;
(d)
No service building or other facilities for bathing, laundry and sanitation as required by the state and local health regulations, shall be located closer to the street than the required front yard setback, nor closer than thirty feet (30') to any property line abutting or lying within an R district, nor closer than twenty feet (20') to any other property line. Such buildings or facilities shall be accessible to all trailer coaches by means of the access drives or hard surfaced walks;
(e)
Wherever practical, space shall be reserved for recreation and a playground; and
(f)
All appropriate regulations contained in the mobile home regulations of the City of Cameron, Texas;
(15)
Mobile homes, provided the owner of the mobile home must be the owner of record of the real property on which it is to be placed and ad valorem taxes assessed to the real property must have been paid prior to such placement;
(16)
HUD-code manufactured homes, provided the owner of the HUD-code manufactured home must be the owner of record of the real property on which it is to be placed and ad valorem taxes assessed to the real property must have been paid prior to such placement;
(17)
Poultry or livestock.
(18)
Wrecker storage yard in a C or M District.
B.
Special use permit regulations.
(1)
When considering that a special use permit be granted, the city manager and/or city secretary shall determine that such uses are harmonious with and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and may issue directives as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking and protective screening and open spaces.
(2)
Every special use permit granted under these provisions shall be considered as an amendment to the zoning regulations as applicable to such property under consideration. In granting such permit, the city council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building inspector for use of the building on such property pursuant to such special use permit; and such conditions shall not be construed as conditions precedent to the granting of a special use permit, of [or] the change in zoning of such property, but shall be construed as conditions precedent to the granting of the certificate of occupancy. Certificates of occupancy, when issued, does not apply to the owner or grantee, but applies to the property for the specific use requested. Special use permits cannot be applied for on the same property or on property that encompasses the original property within 180 days of the prior request.
(3)
No special use permit shall be granted unless the applicant, owner and grantee of the special use permit shall be willing to accept and agree to be bound by and comply with the written requirements of the special use permit, as attached to the site plan drawing(s).
(4)
A building permit shall be applied for and secured within six (6) months from the time of granting the special use permit provided, however, that the city council may authorize an extension of this time.
(5)
The board of adjustment shall not have jurisdiction to hear, review, reverse or modify any decision, determination or ruling with respect to the granting, extension, revocation, modification or any other action relating to such special use permit.
(6)
When the city council authorized [authorizes] granting of a special use permit, the zoning map shall be amended according to its legend to indicate that the affected area has conditions and limited uses.
(1986 Code, ch. 12, sec. 13; Ordinance adopted 9/7/99; Ordinance adopted 5/1/00; Ordinance 2020-08-03-006, sec. 4, adopted 8/3/20)
A.
Purpose and intent.
It is the purpose of this section of the zoning ordinance to regulate sexually oriented businesses to promote the public health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene materials.
B.
Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning.
(i)
“Adult arcade” means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically operated still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
(ii)
“Adult bookstore” or “adult video store” means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(A)
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, compact disc visual discs, digital visual discs, computer pictures, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
(B)
Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
(C)
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as either:
(1)
Two percent (2%) or more of its gross revenue is derived from the sale or rental of the specified materials which depict or describe specified sexual activities or specified anatomical areas; or
(2)
Two percent (2%) or more of its inventory consists of the specified materials which depict or describe specified sexual activities or specified anatomical areas.
(iii)
“Adult cabaret” means a nightclub, bar, restaurant or similar commercial establishment that regularly features:
(A)
Persons who appear in a state of total nudity or seminudity; or
(B)
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(C)
Films, motion pictures, video cassettes, compact visual discs, digital visual discs, computer pictures, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(iv)
“Adult motel” means a hotel, motel or similar commercial establishment which:
(A)
Offers accommodations to the public for any form of consideration; [and] provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, compact visual discs, digital visual discs, computer pictures, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; including those that have a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or
(B)
Offers a sleeping room for rent for a period of time that is less than ten (10) hours or based on an hourly rate; or
(C)
Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours or based on an hourly rate.
(v)
“Adult motion picture theater” means commercial establishments where, for any form of consideration, films, motion pictures, video cassettes, compact visual discs, digital visual discs, computer pictures, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(vi)
“Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity and/or seminudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
(vii)
“Escort” means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a body rub, bathing of the body, or striptease for another person for the purpose of sexual arousal.
(viii)
“Escort agency” means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
(ix)
“Establishment” means and includes any of the following;
(A)
The opening or commencement of any sexually oriented business as a new business;
(B)
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(C)
The addition of any sexually oriented business to any other existing sexually oriented business; or
(D)
The relocation of any sexually oriented business.
(x)
“Permittee” means a person in whose name a special use permit to operate a sexually oriented business has been issued and the person who owns the building and/or land on which the business is located, as well as the individual listed as an applicant on the application for a permit.
(xi)
“Nude model studio” means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
(xii)
“Nudity” or a “state of nudity” means the appearance of a human bare buttock, anus, male genitals, female genitals, or areola of the breast.
(xiii)
“Person” shall mean and include an individual human, partnership, co-partnership[,] firm, company, limited liability partnership or other partnership or other such company, joint venture, joint stock company, trust, estate, governmental entity, association or corporation or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
(xiv)
“Seminude” means a state of dress in which clothing covers no more than the genitals, pubic region, and/or areola of the breast, as well as portions of the body covered by supporting straps or devices.
(xv)
“Sexual encounter center” means a business or commercial enterprise that, as one of its primary business purposes, offers any of the following for consideration:
(xvi)
“Sexually oriented business” means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
(xvii)
“Specified anatomical areas” means the male genitals in a state of sexual arousal and/or the vulva or more internal portion of the female genitals.
(xviii)
“Specified sexual activities” means and includes any of the following:
(A)
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(B)
Sex acts, normal or perverted, actual or stimulated, including intercourse, oral copulation, or sodomy;
(C)
Masturbation, actual or simulated; or
(D)
Excretory functions as part of or in connection with any of the activities set forth in (A) through (C) above.
(xix)
“Substantial enlargement” of a sexually oriented business means the increase in floor area occupied by the business by more than twenty-five (25%) percent, as the floor area existed on the effective date of this ordinance, or under a certificate of occupancy therefor.
(xx)
“Transfer of ownership or control” of a sexually oriented business means and includes any of the following:
(A)
The sale, leasing or subleasing of the business;
(B)
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(C)
The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
C.
Classification.
Sexually oriented businesses are classified as follows:
D.
Location.
This ordinance allows the opportunity for consideration of special use permits to be issued for sexually oriented businesses in the industrial district (herein “M”) zoning districts only.
(i)
The following uses may be permitted within the city by special use permit only in the “M” zoning district.
(ii)
No use listed in subsection D.(i) above shall be established within one thousand (1,000) feet of any of the following uses in existence prior to the beginning of such business:
(A)
A church, chapel, or other regular place of religious worship;
(B)
A public or private day-care, elementary, secondary school or institute of higher learning;
(C)
A boundary of any residentially zoned district;
(D)
A public park, library, or playground;
(E)
The property line of a lot used for residential purposes; or
(F)
Within one thousand (1,000) feet of another sexually oriented business, whether located within or outside of the city limits.
(iii)
For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises as described in D.(ii) above; or to the nearest boundary of any residentially zoned district; or from the closest exterior wall of the structure in which a sexually oriented business is proposed to be located to the nearest exterior wall of any other sexually oriented business.
(iv)
For the purposes of this section, if sexually oriented businesses cannot be located within a minimum of 3% of the existing zoning districts within the city limits, including all nonconforming use sexually oriented businesses, due to limitations as set forth in this section, the city will upon written request from an applicant review the current zoning districts and shall allow zoning alterations as necessary so that a minimum of 3% of the citywide zoning, cumulatively within the city limits, can be occupied by a special use permitted sexually oriented business, including all nonconforming use sexually oriented business.
E.
Sexually explicit films and videos.
(i)
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, compact visual disc, digital visual disc, computer picture, slide, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(A)
The application for a special use permit for a sexually oriented business shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus one (1) foot. The building official may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises is correct and has not been altered since it was prepared.
(B)
The application shall be sworn to be true and correct by the applicant.
(C)
No alteration in the configuration or location of a manager’s station may be made without the prior approval of an amendment to the special use permit.
(D)
It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises.
(E)
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.
(F)
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in the above subsection (E) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (A) of this subsection.
(G)
No viewing room may be occupied by more than one person at any time.
(H)
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1.0) foot-candle as measured at the floor level.
(I)
It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(ii)
A person having a duty under subsection (A) through (I) of subsection (i) above commits a misdemeanor if he or she knowingly fails to fulfill that duty.
F.
Exemptions.
It is a defense to prosecution under this section that a person appearing in a state of nudity did so in a modeling class operated:
(i)
By a proprietary school, licensed by the State of Texas; a college, junior college or university supported entirely or partly by taxation;
(ii)
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(iii)
In a structure:
(A)
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
(B)
Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
(C)
Where no more than one nude model is on the premises at any one time.
G.
Permits.
All sexually oriented businesses located within the city limits must have a special use permit or qualify as a nonconforming use and have a permit to operate as provided herein. Each person having ownership interest, control or owning the property upon which the sexually oriented business is to be located must have filled out an application and his or her name must appear on the permit.
(i)
Permits required.
A commercial establishment that is a sexually oriented business as herein defined, shall at all times of operation within the city limits have a valid permit.
(A)
A person commits an offense if that person conducts business as a sexually oriented business within the city unless a valid special use permit has been issued by the city for the conduct of such business.
(B)
A person commits an offense if that person conducts business as a sexually oriented business within the city limits unless the person has a valid permit which is posted at or near the principal public entrance to the business in such a manner that it will be conspicuous to patrons who enter the premises, or behind the bar in a conspicuous manner.
(C)
Every permittee shall have and maintain exclusive occupancy and control of the entire permitted premises in every phase of the operation of the sexually oriented business on the permitted premises. A permittee commits an offense if the permittee attempts to avoid such responsibility by creating any device, scheme or plan which surrenders control of the employees, premises or business of the permittee to persons other than the permittee.
(ii)
Issuance or denial of any permit.
A permit, renewal or transfer permit shall be issued unless one (1) or more of the following conditions exists:
(A)
The applicant has located the sexually oriented business in violation of this ordinance. Unless the business is a nonconforming use as defined herein.
(B)
The applicant(s) failed to supply all of the information required on the application.
(C)
The applicant, or any one applicant, gave fraudulent or untruthful information on the application. This does not apply to clerical errors.
(D)
The applicant, or any one applicant, has been convicted of a felony for which not less than ten (10) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, or a misdemeanor for which less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever date is the later date, of a crime in any state involving:
(1)
Public lewdness, indecent exposure, or indecency with a child as described in the Texas Penal Code;
(2)
Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in the Texas Penal Code;
(3)
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography as defined in the Texas Penal Code;
(4)
Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses; or
(5)
Any similar offense to those described above under the criminal or penal code of another state.
(E)
Any applicant, or any one applicant, refuses to provide a complete and current NCIC and TCIC criminal history of applicant obtained by applicant from the Texas Department of Public Safety. The criminal history must be completed within 15 days of the date the application is submitted to the building official.
(F)
Permit fees are not paid in full.
(iii)
Application requirements.
Initial permit requests for a special use permit require each owner, having 10% or more interest in the sexually oriented business, to submit a complete application and to update the application as changes in ownership occur (herein the “applicant” or “permittee”). The information required in this subsection must be provided with each application and, as changes occur, updated information within ten (10) days of any change in the information required in the application.
(A)
The following information must be provided on the application form:
(1)
The name, street address (and mailing address if different) of the applicant and each and every owner with greater than 10% ownership interest;
(2)
Two copies each of recent photographs of the applicant showing full face and each side face profile;
(3)
A complete set of fingerprints on forms from the police department;
(4)
A complete and current NCIC and TCIC criminal history of applicant obtained by applicant from the Texas Department of Public Safety. The criminal history must be completed within 15 days of the date the application is submitted to the building official.
(5)
The applicant’s driver’s license number, social security number, and, if applicable, his/her state or federally issued tax identification number;
(6)
The name under which the establishment is to be operated and a general description of the services to be provided;
(7)
If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he or she must state (a) the sexually oriented business’s assumed name and (b) submit the required registration documents;
(8)
Whether the applicant has ever been convicted, or is awaiting trial on pending charges, of a crime specified in section 13.1.G.(ii)(D) and, if so, the nature of the offense(s) and the date, place, and jurisdiction of each offense;
(9)
Whether the applicant has had a previous license or special use permit under this ordinance or other similarly sexually oriented business ordinance from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the license or special use permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant is or has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is or was licensed under a sexually oriented business ordinance whose license or special use permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the license or special use permit was denied, suspended or revoked, as well as the date of denial, suspension or revocation;
(10)
Whether the applicant holds any other license or special use permit under this ordinance or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses;
(11)
The address, and legal description of the tract of land on which the establishment is to be located;
(12)
If the establishment is in operation, the date on which the owner(s) acquired the establishment for which the license or special use permit is sought, and the date on which the establishment began operations as a sexually oriented business at the location for which the special use permit is sought; and
(13)
If the establishment is not in operation, the expected startup date (which must be expressed in number of days from the date of issuance of the special use permit). If the expected startup date is to be more than ten days following the date of issuance of the special use permit then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner’s time schedule and plan for accomplishing the construction, repair or remodeling work.
(B)
All applications for a special use permit must include the following:
(2)
If the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto.
(3)
If the establishment is a limited partnership formed under the laws of the State of Texas, a certified copy of the certificate of limited partnership, together with all amendments thereto.
(4)
If the establishment is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto.
(5)
Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed along with the current address(es) and telephone number(s) of the owner(s).
(6)
If the person(s) identified as the fee owner(s) of the tract of land are not also the owners of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owners or proposed owners of the establishment to have or obtain the use and possession of the tract or portion thereof that is to be used for the purpose of the operation of the establishment together with the correct address and telephone number of each person with an ownership interest in the property.
(7)
If the property is owned by other than a natural person, the complete name, address and telephone of each person with an interest in the entity must be included in the application.
(8)
A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines of any established use listed in Section 13.1.D.(ii) within 1,000 feet of the property to be certified. For purposes of this section, a use is considered existing or established if it is in existence at the time an application is submitted.
(9)
The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale no smaller than 1/4 inch equals one foot and with marked dimensions of the placement of the building on the tract of land, and the interior of the premises to an accuracy of plus or minus six inches. All locational requirements must be approved by the building official within 60 days from the time the application is filed.
(10)
Any of items (1) through (9) above will not be required for a renewal application if they were previously presented and the applicant states that the documents previously furnished to the building official with the original application or previous renewals thereof remain correct and current.
(C)
Every application for a special use permit must contain a statement made under oath that:
(D)
The applicant for a sexually oriented business special use permit must be qualified according to the provisions of this ordinance.
(E)
If the applicant who wishes to operate a sexually oriented business is an individual, that individual must sign the application for a special use permit as applicant. If the applicant who wishes to operate a sexually oriented business is other than an individual, each individual who has greater than a 10% interest in the business must sign and provide all the information required by the application for a special use permit as an applicant and will be considered an operator if a special use permit is granted.
(F)
The fact that a person possesses any other valid license, certificate or permit required by law does not exempt him from the requirement of obtaining a sexually oriented business special use permit. A person who operates a sexually oriented business and possesses another business license, certificate or permit must comply with the requirements and provisions of this ordinance as well as the requirements and provisions of the law concerning the other license, certificate or permit.
(G)
All applications must include a nonrefundable application fee of $2,500.00. An application will not be considered to have been filed until all applicable fees are paid and all information required by the application form has been submitted.
(H)
The applicant must supplement an application with new information received after the date the application was deemed completed. Permittees must supplement application information within ten (10) days of any change in information provided in the application.
(I)
All sexually oriented businesses located within the city and in operation as a lawful use conforming to the zoning ordinance before the effective date of this ordinance are granted a one-time waiver of the application fee. Upon satisfactory completion of the application and surrender of the existing business’s current certificate of occupancy, a new special use permit will be issued.
(J)
A copy of all applications and supporting documentation for special use permits will be maintained by the building official.
(K)
Upon receipt of an application or supplemental information, the building official will review the application to determine if all required and necessary information has been submitted. The building official will issue a letter within a reasonable time after receipt of the application or supplemental information and advise the applicant whether supplemental information must be submitted. The applicant must provide any supplemental information within 30 days or the application will be returned and the filing fee forfeited.
(iv)
Public notice of pending application.
(A)
After the building official has issued a letter advising the applicant that the application is complete, the building official will cause signs (at least 24 inches by 36 inches in size) to be placed on the property subject to the proposed special use permit of occupancy that provide notification by specifically stating, with letters at least three inches wide and six inches tall, “SEXUALLY ORIENTED BUSINESS LICENSE APPLICATION PENDING.” All lettering on the signs other than above described, will be at least 1 and 1/2 inches x 2 inches in size for each letter on the sign. The sign will also include the name, city and state of residence of each applicant, the date on which the application was filed, and the time and place of the hearings. The signs will be placed on the property in sufficient quantities and locations to identify the property as being subject to a proposed sexually oriented special use permit of occupancy. One sign will be erected on each lot corner to identify the boundaries of the property in addition to one sign for each 300 foot increment of each public road or highway frontage on the property existing or any part thereof. The signs will be erected within seven days after the building official has issued a letter advising the applicant that the application is complete and will remain erected until the application has been approved or denied by the city council.
(B)
The city will give notice of the application and scheduled public hearings by publication in two consecutive issues of the city’s official newspaper. The notices will be printed in 10-point boldface type and will:
(1)
Include the fact that a sexually oriented business special use permit has been applied for;
(2)
Include the exact location, including the street address, of the place of business for which the certificate is sought;
(3)
Include the names of each owner of the business and, if the business is operated under an assumed name, the trade name together with the names of all owners;
(4)
Include, if the applicant is a corporation, the names and titles of all officers, directors and shareholders of 10% or more of the corporation;
(5)
Include the dates and times of the public hearings; and
(6)
Be published at least 15 days before each public hearing.
(iv.1)
Renewal of permit.
Permits shall be valid for one (1) year from the issuance of the permit. Permits must be renewed annually by all persons having ownership interest or control of the sexually oriented business and all persons owning the property upon which the sexually oriented business is located. Failure to renew the permit voids the permit.
(v)
Permit transfers.
A permit is personal to the persons designated in the application. A permit may not be transferred except pursuant to and in compliance with this section. A transfer application must be filed within thirty (30) days of any change of persons designated on the current permit. A transfer application shall allow continuation of business under an existing permit while a new application is being processed. Any transfer application shall require and be treated in all respects as an original permit application. In the event that a transfer application is not timely filed, then the existing permit shall be invalid for any purpose relating to the operation of business. Provided, however, that nothing in this section shall affect the nonconforming use provisions herein.
(v.1)
Revocation of permit.
Any violation of this ordinance shall constitute grounds for revocation of a permit. A permit shall be revoked for any of the following violations:
(A)
The permittee(s) have located the sexually oriented business in violation of this ordinance. Unless the business is a nonconforming use as defined herein.
(B)
The permittee(s) failed to supply all of the information required on the application.
(C)
The permittee(s) gave fraudulent or untruthful information on the application. This does not apply to clerical errors.
(D)
The permittee, or any one permittee, has been convicted of a felony for which not less than ten (10) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, or a misdemeanor for which less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever date is the later date, of a crime in any state involving:
(1)
Public lewdness, indecent exposure, or indecency with a child as described in the Texas Penal Code;
(2)
Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in the Texas Penal Code;
(3)
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography as defined in the Texas Penal Code;
(4)
Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses; or
(5)
Any similar offense to those described above under the criminal or penal code of another state.
(E)
More than four criminal offenses are committed on the permitted premises in any consecutive twelve month period which fall in one or more of the following categories:
(1)
Public lewdness, indecent exposure, or indecency with a child as described in the Texas Penal Code;
(2)
Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in the Texas Penal Code;
(3)
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography as defined in the Texas Penal Code; or
(4)
Facilitation, attempt, conspiracy or solicitation to commit any of the foregoing offenses.
(F)
Any person under the age of eighteen, not otherwise permitted by the laws of Texas to view the material contained on the premises is permitted to enter the premises.
(vi)
Appeal.
All denials and revocations of permit applications and renewals must be appealed to the city council.
(A)
If an application for issuance or renewal of a permit is denied a permit or a permit is revoked, upon notice of the denial or revocation of a permit, the aggrieved applicant or permittee shall have ten (10) days to appeal to the decision to the city council.
(B)
The appeal of a revocation of a permit to the city council shall abate the revocation of the permit until such time as the city council may hold a public hearing.
(vii)
Permit fee.
Each application for a permit, including renewal or transfer, shall be accompanied by a $2,500.00 application fee. In addition to the fees required for an initial license, the applicant at the time of making an initial application shall pay a nonrefundable fee of $750.00 for the city to conduct a survey to ensure the proposed sexually oriented business is in compliance with the location restrictions set forth in section 13.1.D. Additionally, for each applicant identified thereon, there shall be an additional $25.00 fee.
H.
Specific violations.
(i)
A person commits a misdemeanor if he or she:
(A)
Operates or causes to be operated a sexually oriented business without a special use permit. All sexually oriented businesses shall be located within the “M” zoning district unless such business qualifies as a nonconforming use.
(B)
Operates or causes to be operated a sexually oriented business without a permit to operate a sexually oriented business.
(C)
Operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of any of the following uses in existence prior to the beginning of such business:
(1)
A church, chapel, or other regular place of religious worship;
(2)
A public or private day-care, elementary, secondary school or institute of higher learning;
(3)
A boundary of any residentially zoned district;
(4)
A public park, library, or playground; or
(5)
The property line of a lot used for residential purposes.
(D)
Causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within one thousand (1,000) feet of another sexually oriented business.
(E)
Causes or permits the operation, establishment or maintenance of more than one sexually oriented business, as defined herein, in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
(ii)
For the purpose of subsection H.(i)(C) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure in which any, or any part of any, sexually oriented business is conducted, to the nearest property line of the premises described in subsection H.(i.)(C).
(iii)
For purposes of subsection H.(i)(D) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
I.
Nonconforming uses.
(i)
Any sexually oriented business lawfully operating on the effective date of this ordinance that is in violation of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed 10 years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming.
(ii)
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant of a special use permit for a sexually oriented business, of a church, public or private day-care, elementary or secondary school, institute of higher learning, public park, library, or playground, or a residential lot within one thousand (1,000) feet of the sexually oriented business. This provision applies only to the renewal of a valid permit, and does not apply when an application for a permit is submitted after a permit and/or license has expired or has been revoked.
(iii)
All nonconforming sexually oriented business uses in existence at the time of passage of this ordinance within the city limits shall have sixty (60) days to apply for a permit to operate such sexually oriented business.
(Ordinance 2002-07-01-012, sec. 2, adopted 7/1/02)
The lawful use of land existing upon the original effective date of this ordinance or upon annexation, although such use does not conform to the provisions hereof, may be continued, subject to the provisions hereof.
The lawful use of a building or premises existing upon the original date of this ordinance or upon annexation may be continued, although such use does not conform to the provisions hereof. Such use may be extended throughout such portions of the buildings as are arranged or designed for such use, provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. If such nonconforming building is voluntarily removed, the future use of such premises shall be in conformity with the provisions of this ordinance.
Premises occupied by poultry or livestock, upon the effective date of this ordinance or upon the annexation, may continue to have on the premises that type of poultry or livestock only. Hogs or pigs are expressly forbidden to be kept within the city limits of Cameron, Texas, and are not protected under the “grandfather” clause of this ordinance.
In the event a nonconforming use of any building or premises is voluntarily discontinued for a period of one (1) year, the use of the same shall thereafter conform to the provisions of the district in which it is located.
A nonconforming use, if changed to a conforming use or a more restricted nonconforming use, may not thereafter be changed back to a less restricted use than that to which it was changed.
If, by amendment to this ordinance, any property is hereafter transferred to a more restricted district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification, the provisions of this ordinance relating to the nonconforming use of buildings or premises existing upon the original effective date of this ordinance shall apply to buildings or premises occupied or used upon the effective date of such amendment.
Repairs and alterations may be made to a nonconforming building, provided that no structural alterations or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming use.
A nonconforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other causes. In the case of partial destruction by fire or other causes not exceeding fifty percent (50%) of its value, the building inspector shall issue a permit for reconstruction. If destruction is greater than fifty percent (50%) of its value, the board of adjustment may grant a permit for repair or replacement after public hearing and having due regard for the property right so [of] the persons affected when considered in the light of public welfare and the character of the areas surrounding the designated nonconforming use and the purposes of this ordinance.
(1986 Code, ch. 12, sec. 14)
The official zoning map shall be kept in the office of the city secretary and one (1) copy shall be maintained in the office of the building inspector.
It shall be the duty of the city secretary to keep the official map current and the copies thereof, therein provided for, by entering on such maps any changes which the city council may from time to time order by amendments to the zoning regulations and map.
The city secretary, upon the original adoption of this ordinance, shall affix a certificate identifying the map in his office as the official zoning map of the city. He shall likewise officially identify the copies directed to be kept by the zoning commission and in the office of the city secretary. All amendments of the map shall be made immediately after their enactment and the date of the change shall be noted on the certificate.
(1986 Code, ch. 12, sec. 15)
A.
Administrative official.
The provisions of this ordinance shall be administered and enforced by the building inspector.
The building inspector or any duly authorized person shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this ordinance.
Whenever any construction work is being done contrary to the provisions of this ordinance, the building inspector may order the work stopped by notice in writing served on the owner or contractor doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the building inspector to proceed with the work.
B.
Requirements for building permit.
All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, showing:
(1)
The actual shape and dimensions of the lot to be built upon;
(2)
The exact sizes and locations on the lot of the buildings and accessory buildings then existing;
(3)
The lines within which the proposed building and structure shall be erected or altered;
(4)
The existing and intended use of each building or part of building;
(5)
The number of families or dwelling units the building is designed to accommodate; and
(6)
Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this ordinance, or if the provisions of section 13 have been complied with.
One (1) copy of such plot plans will be returned to the owner when such plans have been approved. |
All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey by a qualified registered surveyor and the lot shall be staked out on the ground before construction is started, if deemed necessary by the building inspector or any duly authorized person. |
D.
Preserving rights in pending litigation and violations under existing ordinances.
By the original passage of this ordinance, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is the further intent and declared purpose of this ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the original adoption of this ordinance; but prosecutions and suits for such offenses, liabilities or penalties, [or] forfeitures may be instituted or causes presently pending be proceeded with in all respects as if such prior ordinance had not been repealed.
E.
Completion of authorized buildings.
Nothing in these regulations nor in any amendments hereto which change district boundaries shall require any change in the plans, construction or designated use of a building which shall be completed in its entirety within two (2) years from the date of the original passage of this ordinance, provided such building was authorized by building permit before the original passage of this ordinance and, further provided, construction shall have been started within ninety (90) days of the original passage of this ordinance.
Commitments with reference to construction of public utility buildings necessary for proposed expansion of the city made prior to the original passage of this ordinance shall be observed.
F.
Newly annexed areas.
(1)
Zoning annexed areas.
All territory annexed to the city hereafter shall be temporarily classified as district R-1, single-family residential, only until permanently zoned by the city council. The zoning commission shall, within sixty (60) days after annexation of any territory, recommend to the city council a plan for permanent zoning in the area. The procedure to be followed for adoption shall be the same as is provided by law for the adoption of original zoning regulations.
(2)
Permits in temporary zoned areas.
In an area temporarily classified as district R-1, single-family residential, no permit for the construction of a building or use of land other than types of buildings or land use allowed in said district under these zoning regulations shall be issued by the building inspector until such permit has been specifically authorized by the city council after receipt of recommendation from the zoning commission. Permits for the construction of buildings in a newly annexed territory prior to permanent zoning may be authorized under the following conditions. An application for any use shall be made to the building inspector, said application to show the use contemplated, and a plat showing the size and type of buildings to be constructed; and if such application is for other than a building allowed in district R-1, single-family residential, it shall be referred to the zoning commission for recommendation to the city council, which shall grant or deny the permit; provided, that a favorable vote of a three-fourths (3/4) majority of all members of the city council shall be required if the recommendations of the zoning commission are not followed.
(3)
Unplatted property.
The zoning commission shall not approve any plat or any subdivision within the city limits until the area covered by the proposed plat shall have been permanently zoned by the city council.
(1986 Code, ch. 12, sec. 16)
The word “board,” when used in this ordinance, shall be construed to mean the city council of Cameron, Texas.
A.
Organization and procedure.
(1)
Establishment.
A board of adjustment is hereby established in accordance with the provisions of article 1011g, Revised Civil Statutes of Texas, regarding the zoning of cities and with the powers and duties as provided in said statutes.
(2)
Membership.
The board shall consist of the councilmembers of the city and their term be the same as their elected term to the city council. The mayor shall serve as chairperson of the board.
(3)
Meetings.
Meetings of the board shall be held as needed in conjunction with the regular scheduled meetings of the city council, as established by the charter of the City of Cameron, Texas.
(4)
Hearings.
The hearings of the board of adjustment shall be public; however, the board may go into executive session for discussion but not for a vote on any case before it. The board shall hear the intervention of any owner of property adjacent to, in the rear of or across the street from a lot as to which the granting of any building permit is pending, and shall also hear any other parties in interest. All hearings are to be heard by at least four (4) members of the board.
(5)
Rules and regulations.
The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. The board of adjustment shall act by resolution in which four (4) members must concur. The board shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of this ordinance, and shall furnish a copy of the same to the building inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.
B.
Appeals.
(1)
Procedure.
Appeals may be taken to and before the board of adjustment by any person aggrieved, or by any officer, department, board or bureau of the city. Such appeal shall be made by filing with the office of the board a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the board of adjustment all of the papers constituting the record upon which the action appealed from was taken.
(2)
Stay of proceedings.
An appeal stays all proceedings in furtherance of the action appealed from unless the building inspector shall certify to the board of adjustment after the notice of appeal shall have been filed with him that by reason of facts in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application and after notice to the office from whom the appeal is taken and on due cause shown.
(3)
Notice of hearing on appeal.
The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within two hundred feet (200') less street frontage of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the board to be affected thereby, such owners and persons being determined according to the current tax rolls of the city and depositing of such written notice in the mail shall be deemed sufficient compliance therewith.
(4)
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 order, requirements, decision or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.
C.
Powers and duties of board.
(1)
Subpoena witnesses, etc.
The board shall have the power to subpoena witnesses, administer oaths and punish for contempt and may require the production of documents, under such regulations as it may establish.
(2)
Appeals based on error.
The board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision or determination made by the building inspector in the enforcement of this ordinance.
(3)
Special exceptions.
The board shall have the power to hear and decide special exceptions to the terms of this ordinance upon which the board is required to pass as follows or elsewhere in this ordinance:
(a)
Permit the erection and use of a building or the use of premises for railroads;
(b)
To permit a public utility or public service or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety or general welfare;
(c)
To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the original effective date of this ordinance;
(d)
Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God or the public enemy, to the extent of more than fifty percent (50%) of its fair market value, where the board finds some compelling necessity requiring a continuance of the nonconforming use is not to continue a monopoly;
(e)
Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience;
(f)
Permit land within three hundred feet (300') of a multifamily dwelling to be improved for the parking spaces required in connection with a multifamily dwelling, but only when there is positive assurance that such land will be used for such purpose during the existence of the multifamily dwelling;
(g)
To determine whether an industry should be permitted within the industrial district, because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning district; and
(h)
To determine in cases of uncertainty the classification of any use not specifically named in this ordinance.
(4)
Variances.
The board shall have the power to authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done, including the following:
(a)
Permit a variance in the yard requirement of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not affect any adjoining property or the general welfare, and further provided, however, that a variance exceeding forty percent (40%) of the yard requirements for any district will not be authorized and therefore the permit notification system will not be initiated for request in excess of forty percent (40%) of the yard requirement. Variance request of forty percent (40%) or less of the yard requirement will be considered at a public hearing for that purpose, but only those requesting no more than one (1) yard requirement variance will be heard. Multiple yard requirement variances will not be brought to a public hearing; and
(b)
Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this ordinance relating to the construction or alterations of buildings or structures will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this ordinance as are in harmony with its general purpose and intent, but only when the board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the comprehensive plan as established by this ordinance, and at the same time, the surrounding property will be properly protected.
(5)
Changes.
The city council may from time to time amend, supplement or change by ordinance the regulations herein established.
(1986 Code, ch. 12, sec. 17)
A.
Required for:
(1)
Occupancy and use of a building hereafter erected or structurally altered;
(2)
Change in use of an existing building to a use of a different classification;
(3)
Occupancy and use of vacant land, except agricultural use;
(4)
Change in the use of land to a use of a different classification; and
(5)
Any change in the use of a nonconforming use.
No such occupancy, use or change of use shall take place until a certificate of occupancy therefor shall have been issued by the inspector of buildings. |
B.
Procedure for new or altered buildings.
Written application for a certificate of occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the building permit for such building. Said certificate shall be issued within three (3) days after a written request for the same has been made to said building inspector or his agent after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this ordinance.
C.
Procedure for vacant land or a change in use.
Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in a nonconforming use, as herein provided, shall be made to said building inspector. If the proposed use is in conformity with the provisions of this ordinance, the certificate of occupancy therefor shall be issued within three (3) days after the application for same has been made.
D.
Contents.
Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of law. A record of all certificates of occupancy shall be kept on file in the office of the building inspector or his agent and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.
E.
Temporary certificate.
Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the building inspector for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations of the owner or of the city relating to the use or occupancy of the premises or any other matter covered by this ordinance.
F.
Certificates for nonconforming uses.
A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by the original adoption of this ordinance or by annexation. Application for such certificate of occupancy for a nonconforming use shall be filed with the city secretary by the owner or lessee of the building or land occupied by such nonconforming use within one (1) year of the original effective date of this ordinance or within one (1) year of the effective date of annexation into the city limits of the city. It shall be the duty of the city secretary to issue a certificate of occupancy for a lawful nonconforming use, but failure to apply for such certificate of occupancy for a nonconforming use, or refusal of the city secretary to issue a certificate of occupancy for such nonconforming use shall be evidence that said nonconforming use was either illegal or did not lawfully exist at the original effective date of this ordinance or on the effective date of annexation.
(1986 Code, ch. 12, sec. 18)
A.
Authority.
Under the provision of article 1011e, the city council may from time to time amend[,] supplement or change by ordinance the boundaries of the districts or the regulations herein established.
B.
Submission to zoning commission.
In the event that the zoning commission has recommended against a proposed amendment, supplement, change or modification in the boundaries of any zoning district, and such amendment or change has not been approved by the city council as required above, such amendment, supplement, change or modification in the boundaries of such zoning district shall neither be submitted nor considered for recommendation by the zoning commission prior to the expiration of twelve (12) months from the date of the order or decisions by the zoning commission recommending against such zone change, unless conditions pertaining to property considered in the original application and/or property in the area have in the opinion of the zoning commission changed to such an extent as to justify a subsequent application prior to the expiration of twelve (12) months from the date of the original order or decision of the zoning commission.
C.
Public hearing.
A public hearing shall be held by the city council before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication one (1) time in a paper of general circulation in the city, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the first date of publication.
D.
In case of protest.
Unless such proposed amendment, supplement or change has been approved by the zoning commission or in case of a protest, signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending two hundred feet (200') therefrom, or of those directly opposite thereto extending two hundred feet (200') from the street frontage of such opposite lots, or from those immediately adjacent on either side of the area of said lots extending two hundred feet (200') therefrom, such change shall not become effective except by the favorable vote of three-fourths (3/4) of all the members of the city council.
E.
Limitation on resubmission of petition.
No amendment, supplement, change or repeal of any section of this ordinance which has been legally rejected by both the city council and the zoning commission shall be again considered either by the city council or the zoning commission on an appeal or petition by an appellant or application before the expiration of one (1) year from the date of the original action.
(1986 Code, ch. 12, sec. 19)
Any person who shall violate any of the provisions of this ordinance or who shall fail to comply therewith or with any of the requirements thereof, or who shall erect or alter any building, or who shall commence to erect or alter any building in violation of any detailed statement of plan submitted or approved thereunder, shall for each and every violation or noncompliance be deemed guilty of a misdemeanor and shall be fined not more than one thousand dollars ($1,000.00) and each day such violation shall be permitted to exist shall constitute a separate offense. The owner of that building or premises or part thereof where anything in violation of this ordinance shall be placed or shall exist, and any architect, builder, contractor, agent or corporation employed in connection therewith who may have assisted in the commission of any such violation shall each be guilty of a separate offense and upon conviction shall be subject to the penalties herein provided. The enumeration of the penalties in this section in no way precludes the proper legal authorities of the City of Cameron from exercising any other appropriate action or proceedings authorized by article 1011h, V.A.T.S. to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate any violation, to prevent the occupancy of any building, structure or land, or to prevent any illegal act, conduct[,] business or use in or about the premises involved in the violation.
(1986 Code, ch. 12, sec. 20)
In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any easement, covenant or other agreement between parties provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon height of building or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this ordinance shall govern.
(1986 Code, ch. 12, sec. 21)