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.
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One (1) copy of such plot plans will be returned to the owner
when such plans have been approved.
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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.
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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.
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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.
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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)
