(a)
Conformity to Zoning District Required.
No building shall be erected and no existing buildings shall be moved, structurally altered, added to or enlarged, nor shall any land, building or premises be used, or designated for use for any purpose or in any manner other than provided for hereinafter in the district in which the building, land or premises is located; provided, however, that necessary structural repairs may be made where health and safety are endangered. Furthermore, no open space surrounding any building shall be encroached upon by a structure or reduced in any manner, unless the same shall conform to the regulations hereinafter designated for the District in which such building or open space is located.
(b)
Structures and Buildings.
No building, structure or accessory structure shall be erected, converted or enlarged, nor shall any such existing building or structure be structurally altered or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, unless the same shall be done and completed in a manner to comply with all applicable City codes and ordinances, and such work and structure shall:
(i)
Conform to the setback, building site area, building location and land use regulations hereinafter designated for the district in which such building or open space is located.
(ii)
Not exceed the height limit herein established for the district in which such building is located, except as specifically authorized as follows:
(A)
The height limits prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers, scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, necessary public or private utilities, conveyors, flag poles, and necessary mechanical appurtenances. The height limits and other applicable regulations for television, radio and communications towers and antennas may be established by separate ordinance.
(B)
Public or semi-public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding sixty (60) feet and churches and other places of worship may be erected to a height not exceeding seventy-five (75) feet when each of the required yards is increased by one (1) foot for each two (2) feet of additional building height above the height limits for the district in which the building is located.
(c)
Accessory Structures and Uses.
Accessory structures designed, constructed and located for a use permitted in the district, in compliance with this Ordinance and all other applicable City ordinances, are permitted in each zoning district.
(d)
Conformity to Construction Plan Requirements.
No structure or building shall be erected, converted, enlarged, reconstructed or structurally altered unless Construction Plans meeting the requirements of this Ordinance have been approved by the City Engineer and/or City Building Official.
(e)
Conformity to Building Setback Requirements.
No yard or other open space provided around any structure or building for the purpose of complying with provisions of this section shall be considered as providing a yard or open space for a building on any other lot.
(f)
Outdoor Lighting.
All outdoor lighting shall be installed and maintained in compliance with all applicable city ordinances. Such lighting shall be located and maintained in a manner as to not be directed onto any public street or adjacent property; provided that such lighting may be directed directly down upon a public street as provided for streetlights.
(i)
Multifamily and Business.
Outdoor lighting for multifamily, general retail, commercial and office will be in accordance with the provisions of this Ordinance and the City building codes. A lighting plan shall be included with the site plan submitted for a building permit.
(ii)
Residential.
Outdoor lighting on residential property will be installed in accordance with applicable City ordinances. It will be located so as not to be directed directly upon adjoining property or create a nuisance for adjoining property owners. Lighting used for security purposes, which will be operated during night hours will be located as close as is practicable to main dwellings[.]
(g)
Uses Noncumulative.
Uses within each District are restricted solely to those uses expressly permitted in each District, and are not cumulative unless so stated.
(h)
Exceptions.
Nothing in this section shall prohibit the approval of a comprehensive zero-lot-line residential development or other innovative housing development in compliance with the other terms and provisions of this Ordinance.
(i)
Mandated Exceptions.
To the extent required by state or federal law, a Personal Care Facility is an additional permitted use in any zoning district; provided that:
(i)
Homes and residential units not designated and constructed in compliance with the ordinance and code requirements applicable to multiple-occupancy residential buildings and nursing homes, shall meet the following requirements:
(A)
the structure shall comply with provisions of the Fire Code, Electrical Code and Building Code that are applicable to nursing homes;
(B)
There shall be two (2) parking spaces, plus one additional space for each three residents;
(C)
There shall be not less than fifty square feet of living space within a sleeping room for each occupant assigned to such room;
(D)
There shall be not less than 175 square feet of living area in the structure for each occupant/resident of the structure, and attendant on duty; and
(E)
The structure and operations shall comply with the standards established by the Texas Department of Human Services as licensing standards for personal care facilities for a Type B facility.
(ii)
The Home must meet all applicable State licensing requirements;
(iii)
A Personal Care Facility must have at least one paid staff member on duty 24 hours per day, and one supervisor for each six (6) residents during waking hours;
(iv)
A Personal Care Facility may not have more than fifteen (15) residents.
(Ordinance 2017-07-27-01 adopted 7/27/17)