City of Gonzales, TX ZONING LAND USE REGULATIONS

The following conditional development standards shall apply:

Accessory Dwelling Unit Standards.

See section 14.407, Accessory Buildings and Uses, for standards.

Dwelling, Single-Family.

Industrialized (Modular) Housing Standards.

An industrialized (modular) home shall meet the following requirements:

The industrialized (modular) home meets or exceeds all building code requirements that apply to other dwelling units concerning on-site construction.

The industrialized (modular) home conforms to all applicable zoning standards for the respective zoning district.

The city manager is so notified in writing for the purpose of establishing procedures for the inspection, issuing of building permits, and compliance with the Texas Occupations Code chapter 1202, Industrialized Housing and Buildings.

The industrialized (modular) home is placed on an approved platted lot.

(v)

Per the Texas Occupations Code section 1202.253, single-family and duplex industrialized (modular) homes shall:

Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized (modular) home is proposed to be located, as determined by the most recent county certified tax appraisal roll;

Have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized (modular) home is proposed to be located;

Comply with municipal building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings; and

Be securely affixed to an approved permanent foundation.

(vi)

For purposes of the above subsection “value” means the taxable value of the industrialized housing and the lot after installation of the housing.

Dwelling, Single-Family (attached–townhouse).

Minimum Front Yard:

Twenty-five (25) feet.

Minimum Side Yard.

No side yard is required providing a firewall is installed in accordance with the city building code, except that no contiguous attached structure shall exceed one hundred eighty (180) feet in length and the minimum separation between noncontiguous, adjacent structures shall be thirty (30) feet.

Five (5) feet from a side property line when adjacent to open space lots or amenity center lots.

Fifteen (15) feet from a side property line when adjacent to detached residential dwelling units.

Twenty (20) feet from a side property line when adjacent to a dedicated street.

Minimum Rear Yard.

Twenty (20) feet; sixty (60) feet when the building is in excess of one story and adjacent to a single-family zoning district.

Structure Separation.

Structures on the same parcel shall have the following setbacks and/or minimum distance between structures.

Minimum Front Yard:

Twenty-five (25) feet.

Minimum Side Yard:

Ten (10) feet between buildings without openings (windows); fifteen (15) feet between buildings with openings and when adjacent to side street; sixty (60) feet when building is in excess of one story in height and adjacent to single-family zoning district.

Minimum Rear Yard:

Twenty (20) feet; sixty (60) feet when the building is in excess of one story and adjacent to a single-family zoning district.

Amusement, Commercial (Outdoors) Standards.

All exterior light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries and so installed as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets.

No intermittent or flashing lights shall be permitted.

Luminaries shall be mounted at a height not to exceed thirty (30) feet as measured vertically from the horizontal surface of the nearest parking pavement.

No exterior auditory devices shall be permitted.

(5)

Automobile or Other Motorized Vehicle Sales and Service Standards.

No intermittent or flashing lights shall be permitted.

Luminaries shall be mounted at a height not to exceed thirty (30) feet as measured vertically from the horizontal surface of the nearest parking pavement.

No exterior auditory devices shall be permitted.

(6)

Fueling Pumps.

Gasoline pumps, pump islands, canopies, or car washes, where adjacent to property zoned as single-family residential uses shall maintain a minimum setback of at least one hundred twenty-five feet (125').

The hours of any car wash operation may be limited when located adjacent to property zoned for single-family residential uses.

No exterior illumination (either direct or indirect) shall cross a residential property line nor be a nuisance to traffic.

No outside/outdoor vending machines, such as soda, video rental, or newspaper vending machines, are permitted.

(7)

Heliport or Helistop Standards.

Allowed by specific use permit.

No heliport or helistop shall be located within 1,000 feet of any church, school, hospital, library, public park or within 1,000 feet of any dwelling unless:

Noise attenuation methods are implemented to achieve noise levels no greater than if the heliport or helistop were located 1,000 feet from any such property in an unprotected state;

The Federal Aviation Administration has approved approach and departure paths for the proposed heliport or helistop which require all departures to be made at an angle of more than 90 degrees from any boundary or any such property which is less than 1,000 feet from the proposed heliport or helistop; and

No substantial adverse impact exists on residences or businesses within the 1,000 foot requirement.

(8)

Home-Based Business Standards.

A home-based business shall meet the following requirements:

No persons other than members of the family residing on the premises shall be engaged in such business;

The use of the dwelling unit for the home-based business shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 500 square feet or ten percent (10%) of the square footage of the dwelling area, whichever is greater, shall be used in the conduct of the home-based business;

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home-based business;

No sign advertising shall be placed on property where a home-based business is conducted. Only one vehicle (motorized or non-motorized), one ton carrying capacity or less may advertise for the home-based business;

No home-based business shall be conducted in an accessory building;

Any sales in connection with such home-based business shall be clearly secondary to occupancy. Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made by telephone or at a sales party may be filled on the premises;

No traffic shall be generated by a home-based business in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of a home-based business shall be met off the street and other than in a required front yard;

No equipment, process or work shall be used or conducted in such home-based business that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment, process or work shall be used or conducted which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;

The operation of beauty culture schools, beauty parlors, barber shops, vehicle repair, lawn mower or other small or large engine repair, and any boarding house/rooming house shall not be permitted as a home-based business or as an accessory use; and

(J)

No outside storage or outside display of any type shall be permitted with any home-based business.

(9)

Kennel/Veterinary Office Standards.

All commercial kennels with indoor and/or outdoor pens and runs (except where related to indoor medical treatment) shall be located a minimum of fifty (50) feet from adjacent residential properties to minimize noise and odor nuisances.

Disposal of all waste materials shall be in accordance with the Texas Department of Health regulations.

(10)

Outside Display Standards.

Outside display areas shall not be placed or located more than thirty feet (30') from the main building and shall not exceed fifty (50) percent of the linear frontage of the building.

Outside display areas shall be permitted year-round.

Outside display areas shall be additionally restricted in regards to occupying required parking spaces. Outside display areas shall not occupy any of the parking spaces that are required by this zoning ordinance for the primary use(s) of the property, except on a temporary basis only, which is a maximum of 45 days per display and a maximum of two (2) displays per calendar year.

Outside display areas shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.

Outside display areas shall not extend into public right-of-way or onto adjacent property.

Outside display items shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

Outside display is permitted only as an accessory use and is not a permitted principal use.

(11)

Outside Storage Standards.

Allowed by specific use permit.

The use “wrecking or auto salvage yard” shall not require a specific use permit unless indicated on the use chart. Screening for wrecking or auto salvage yards is detailed in section 14.405(c).

Outside storage is limited to a maximum of ten (10) percent of the total lot area, shall not be located in front of or on top of the building, and must be screened.

This requirement above does not apply to wrecking or auto salvage yards.

Outside storage screening shall be required only for those areas surrounding outside storage.

A six foot (6') screening fence or wall shall be provided and maintained at either the surrounding outside storage or at the property line or street adjacent to the area to be screened by one or a combination of the following methods:

Solid masonry consisting of rock, stone, or other material that is equivalent, visually and qualitatively;

Wrought iron in conjunction with solid landscape screening;

Wood or wood vinyl in conjunction with solid landscape screening; and

An equivalent alternative screening method approved by the city manager.

Outside storage of materials, commodities, or equipment shall be screened with a minimum six foot (6') screening fence or wall, and shall not be visible from the street or from adjacent property.

No outside storage may exceed the height of the screening wall or fence.

(12)

Sexually Oriented Business Standards.

For location, licensing and other requirements, see the Code of Ordinances, article 4.600, as amended.

(13)

Temporary Building for New Construction Standards.

Temporary buildings and temporary building material storage areas to be used for construction purposes may be permitted for two (2) years in accordance with a permit issued by the city manager. A six (6) month extension may be approved by the city manager. After the initial extension is given, the city manager may approve a second six (6) month extension.

Upon completion or abandonment of construction or expiration of permit, the temporary field offices and buildings shall be removed.

(14)

Tower/Antenna: TV, Radio, Microwave, Telephone, or Cellular Standards.

Purpose.

The purpose of this section is to establish regulations for the siting of towers and antennas on public and private property. The goals of this section are to:

Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community;

Encourage strongly the joint use of new and existing tower sites;

Require users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

Require users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and

(v)

Enhance the ability of the providers of telecommunication services to provide such services to the community quickly, effectively, and efficiently.

Application Requirements.

The proponent of a new tower site other than a radio, television or microwave broadcasting or transmission facility shall provide the following documentation for review by the city manager or designee:

Inventory of Existing Sites.

Each applicant of one (1) or more towers shall provide to the city an inventory of its existing towers, including specific information about the location, height, and design of each tower. The city shall maintain an inventory of existing towers, including specific information about the location, height, and design of each tower. The city may share such information with other persons, organizations or governmental authorities seeking to locate antennas within the city limits.

Availability of Suitable Existing Towers or Other Structures.

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city that no existing tower or structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’s proposed antenna may consist of any of the following:

No existing towers or structures are located within the geographic area required to meet applicant’s engineering requirements.

Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.

Existing towers or structures do not have sufficient structural strength to support the applicant’s proposed antenna and related equipment and cannot be reinforced to provide sufficient structural strength.

The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna.

The fees or costs required to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs below new tower development are presumed reasonable.

Property owners or owners of existing towers or structures are unwilling to accommodate the applicant’s needs.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

Site Plan.

Each applicant requesting a permit under this section shall submit a scaled site plan and a sealed elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate professional engineers, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information necessary to assess compliance with this chapter.

Residential Setback.

Towers must be set back a distance equal to the height of the tower from any off-site residential structure.

(v)

Yard Setback.

Towers and accessory facilities must satisfy the minimum yard setback requirements for the zoning district in which they are located.

(vi)

Security Fencing.

Towers shall be enclosed by security fencing not less than six (6) feet in height and shall be equipped with an appropriate anti-climbing device.

(vii)

Aesthetics.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted sky blue or gray, so as to reduce visual obtrusiveness. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and building environment. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(viii)

Federal Requirements.

All towers must meet or exceed current standards and regulations of the FAA, and FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations.

(ix)

Building Codes; Safety Standards.

To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the tower fails to comply with such codes and standards and constitutes a danger to persons and property, then, upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such codes and standards. If the owner fails to bring such tower into compliance within the thirty (30) days, the city may remove such tower or cause such tower to be removed at the owner’s expense.

Removal of Abandoned Antennas and Towers.

Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the city notifying the owner of such abandonment. If such antenna or tower is not removed within the ninety (90) days, the city may cause such antenna or tower to be removed at the owner’s expense. If there are two (2) or more uses of a single tower, then this provision shall not become effective until all users cease using the tower.

(15)

Dwelling, Downtown.

Residential uses in the downtown mixed use district shall only occupy a portion of a building. A specific use permit is required for a residential use in the downtown mixed use district that is not accompanied by a nonresidential use.

A residential use located on the ground floor of a building in the downtown mixed use district may not occupy more than 50% of the gross floor area of the ground floor of the building. A specific use permit is required for a residential use that exceeds 50% of the ground floor.

(16)

Mobile Food Vending Court.

All mobile food vending court land uses, except as provided herein, shall comply with the following requirements; however, all mobile food vendors in a mobile food vending court are also subject to state law provisions applicable to mobile food units and as provided in 25 Texas Administrative Code Chapters 228 and 229 and Texas Health and Safety Code Chapters 437 and 438, as all may be amended ("state law"). In the event of a conflict between this Section and state law, state law shall govern.

Maximum Number of Mobile Food Vendors:

There shall be a maximum of ten (10) mobile food vendors allowed in a mobile food vending court. A specific use permit may be granted by the city council to allow more than ten (10) mobile food vendors in a mobile food vending court.

Location:

All activities associated with a mobile food vending court must be located at least fifty (50) feet away from any single-family residential use or residential zoning district. A specific use permit may be granted by the city council to reduce the fifty (50) foot setback.

Fire Lanes:

Fire lanes and adequate fire protection shall be provided to serve the mobile food vending court as required by applicable city, state, or international regulations or codes.

No mobile food vendor nor any associated seating areas are allowed to be located in any required zoning setback, buffer yard, easement, or fire lane.

Utility Connections:

Electricity, water, and sanitary sewer temporary connections may be provided to each mobile food vendor site but are not required. Electricity to the mobile food vendor may be provided through the use of portable generators in compliance with applicable noise nuisance ordinances.

Restrooms:

Restroom facilities are required and may be provided using either of the following options:

A permanent restroom building equipped with flush type toilets and properly plumbed to a sanitary sewage system with sufficient capacity to meet the needs of the mobile food vending court's mobile food units and customers shall be conveniently located on the property and accessible to employees and customers. Restrooms shall also be compliant with city building codes and 25 TAC 228, as may be amended.

Portable restroom facility conveniently located on the property and accessible to employees and customers with a contract for weekly maintenance with a company duly licensed to perform the service.

In-lieu of a perminant restroom building or portable restroom facility, written proof of availability of restrooms with flushable toilets connected to a public water and wastewater system for the use of the mobile food vendors' employees and customers located in a business establishment within 500 feet.

Seating and eating areas:

All mobile food vending courts may provide shaded seating and eating areas.

All mobile food vendors shall be parked on designated locations paved with a durable hard surface treatment including asphalt, concrete, pavers, chip seal, caliche, decomposed granite, or other similar material customarily used for parking vehicles.

Drive-Through Service:

Vehicular drive-through service of food and/or beverages shall not be permitted except through a specific use permit granted by the city council.

(J)

Trash Enclosure:

All mobile food vending courts shall provide trash and refuse containers and shall be screened in accordance with this chapter.

(K)

All existing lots operating as mobile food vending courts and holding a valid itinerant merchant permit on March 14, 2024, shall be considered legal nonconforming lots and subject to the nonconforming regulations of this chapter. Mobile food units shall be subject to all applicable city, county and state health and food safety regulations.

(17)

Accessory Mobile Food Vending.

All accessory mobile food vending land uses shall comply with the following requirements; however, all accessory mobile food vending is also subject to state law provisions applicable to mobile food units and as provided in 25 Texas Administrative Code Chapters 228 and 229 and Texas Health and Safety Code Chapters 437 and 438, as all may be amended ("state law"). In the event of a conflict between this section and state law, state law shall govern.

Accessory Use Only:

Accessory mobile food vending shall only permitted as an accessory use when a primary use of the property is established and operating with a valid certificate of occupancy.

Maximum Number of Accessory Mobile Food Vendors:

There shall be a maximum of one (1) accessory mobile food vendor per site. A specific use permit may be granted by the city council to allow more than one (1) accessory mobile food vendor per site.

Location:

All activities associated with accessory mobile food vending must be located at least fifty (50) feet away from any single-family residential use or residential zoning district. A specific use permit may be granted by the city council to reduce the fifty (50) foot setback.

Mobile food vendors shall be parked on designated locations paved with a durable hard surface treatment including asphalt, concrete, pavers, chip seal, caliche, decomposed granite, or other similar material customarily used for parking vehicles.

Mobile food vendors shall not be placed in required parking spaces nor block or impede the safe and orderly flow of traffic through the site.

No mobile food vendor nor any seating areas are allowed to be located in any required zoning setback, buffer yard, easement, or fire lane.

Utility Connections:

Electricity, water, and sanitary sewer temporary connections may be provided to the mobile food vendor site but are not required. Electricity to the mobile food vendor may be provided through the use of portable generators in compliance with applicable noise nuisance ordinances.

Restrooms:

Restrooms are not required to be provided.

Drive-Through Service:

Vehicular drive-through service of food and/or beverages shall not be permitted except through a specific use permit granted by the city council.

(J)

All existing lots operating with an accessory mobile food vending land use and holding a valid itinerant merchants permit on March 14, 2024, shall be considered legal nonconforming lots and subject to the nonconforming regulations of this chapter. Individual mobile food vendors shall be subject to all applicable City and state health and food safety regulations.

(Ordinance 2021-08 adopted 2/11/21; Ordinance 2024-4 adopted 2/8/2024; Ordinance 2024-8 adopted 3/14/2024)

§ 14.405 Regulations of Specific Uses.

Location and Arrangement of Residential Buildings on Lots for Single-Family or Duplex Uses.

Only one (1) main building for single-family or duplex use may be located upon a lot.

Every dwelling shall face or front upon a public street or approved access easement, other than an alley.

(b)

Location and Arrangement of Buildings on Lots for Multi-Family, Retail, Commercial, or Industrial Uses.

Where a lot is used for multi-family, retail, commercial, or industrial purposes, more than one (1) main building may be located upon the lot, but only when such additional main buildings conform to all the open space, parking and density requirements applicable to the uses and districts.

All main buildings shall face upon a public street or approved access easement other than an alley, unless approved by a site plan in accordance with section 14.405(b)(2) below.

In cases where two (2) or more main buildings are desired to be placed upon a single lot or tract and such buildings will not face upon a public street or approved access easement, these cases may be permitted when the site plan for such development is approved and complies with the platting requirements, such as access.

No parking area, storage area, or required open space for one building shall be computed as being the open space yard or area requirements for any other building or other use.

(c)

Wrecking or Auto Salvage Yard.

Wrecking or auto salvage yards shall be completely enclosed by an opaque wall, screen, or fence at least eight (8) feet high around those portions of such tract in which the wrecking or auto salvage yard operations are conducted. Such establishments shall also be in conformance with the standards and requirements of applicable state and federal laws and regulations.

(d)

Uses with Flammable, Toxic, and Hazardous Materials.

The storage, manufacture, utilization, or dispensing of substances which may constitute or may cause danger to public health, safety, or welfare shall be conducted only within the limits and conditions specified in the latest addition [edition] of both the International Fire Code and International Building Code.

The emission of toxic or explosive vapors, dusts, or aerosols into the atmosphere shall not exceed, at the facility property line, more than fifty (50) percent of the limit of such as is given in “threshold limit values” as adopted at the most recent International Fire Code and International Building Code.

No form of flammable, toxic, or other hazardous material shall be released into or upon any utility line, pit, dump, open ground, stream, or drainage way.

The container size, location, design, and construction of any storage tank, building, or facility for any flammable, toxic, or other hazardous material shall be approved by the fire marshal and the city manager as a part of the building permit application and shall be based upon the requirements of the International Fire Code and International Building Code.

(e)

Pollution Prevention.

No operation or activity shall discharge or cause to be released into public waters any liquid or solid waste unless in conformance with the latest provisions of the (TCEQ) Texas Commission on Environmental Quality, the Texas Department of Health, and/or the Texas Railroad Commission.

No operation or activity shall discharge or cause to be released into the atmosphere any smoke or particulate matter which exceeds the limits permitted by the latest requirements of (TCEQ) Texas Commission on Environmental Quality Commission.

(Ordinance 2021-08 adopted 2/11/21)

§ 14.406 Nonconforming Uses and Structures.

Intent of Provisions.

Existence of Nonconformities.

The city council has determined that it is in the best interest of the city for nonconforming uses and structures to be brought into conformance with the zoning ordinance at the earliest reasonable time. The purpose of this section 14.406, Nonconforming Uses and Structures, is to establish provisions for the allowance and potential alteration of uses, lots and/or structures that do not conform to currently applicable zoning standards or regulations, but which were in conformance with standards in place at the time of their inception, and have been rendered nonconforming due to a change in the applicable standards and regulations.

Nonconformities occur in three (3) general categories, or combination thereof.

Nonconforming uses.

Nonconforming structures. For example, a nonconforming structure can be nonconforming as to setback, yard, or height lot area or dimension requirement.

Nonconforming lots. For example, a nonconforming lot can be nonconforming as to lot area or dimension requirement.

It is the declared intent of this section that nonconforming uses and structures eventually be eliminated and be required to comply with the regulations of the zoning ordinance, having due regard for the property rights of the person affected, the public welfare, and the character of the surrounding area.

Limit Incompatibility.

It is further the intent of this section to limit nonconformities.

Incompatible Uses.

Notwithstanding anything to the contrary, nonconformities are hereby declared incompatible with the permitted uses in the districts involved.

(b)

Establishment of Legal Nonconforming Status.

Legal Nonconformities.

Legal nonconformities include the following: Those uses, structures, or lots which in whole or part do not conform to current zoning standards, but were legally established prior to the date of adoption of this zoning ordinance, at which time they were in conformance with applicable standards. Such uses, structures, or lots may be maintained or potentially altered subject to the provisions of this section 14.406, Nonconforming Uses and Structures.

Illegal Nonconforming Status.

Those uses, structures, or lots, other than residential accessory buildings, which in whole or part are not in conformance with current zoning standards and were not in conformance with applicable standards at the time of their inception are not considered nonconforming, but are considered illegal uses, structures, or lots and shall not be approved for any alteration or expansion, and shall undertake necessary remedial measures to reach conformance with current standards, or be discontinued.

Time of Adoption.

Any use, platted lot, and/or structure [that] is a lawful use at the time of the adoption of any amendment to this zoning ordinance but by such amendment is placed in a district wherein such use, platted lot, and/or structure is not otherwise permitted shall be deemed legal nonconforming.

Annexation.

If a use, platted lot and/or structure was in existence at the time of annexation to the city and has since been in regular and continuous use [it] shall be deemed legally nonconforming.

(c)

Burden of Demonstration.

The burden of establishing that any nonconformity is a legal nonconformity as defined in this section shall be borne by the owner or proponent of such nonconformity.

(d)

Abandonment of Use of Property and Structures.

A nonconforming use, when abandoned, shall not be resumed and any further use shall be in conformity with the provisions of this zoning ordinance.

Any nonconforming use that does not involve a permanent type of structure or operation and which is moved from the premises shall be considered to have been abandoned.

A nonconforming use right shall be considered abandoned and surrendered, forfeited, and lost when evidence presented to the city manager indicates that a structure designed or arranged for a nonconforming use has ceased to be used in a bona fide manner as a nonconforming use for a period of one hundred and eighty (180) consecutive calendar days. For purposes of calculating the one hundred and eighty (180) day period, a use is abandoned upon the occurrence of the first of any of the following events:

On the date when the use of land is physically vacated;

On the date the use ceases to be actively involved in the sale of merchandise or the provision of services;

On the date of termination of any lease or contract under which the nonconforming use has occupied the land; or

On the date a final reading of water and/or power meters is made by the applicable utility provider(s).

Abandonment of a nonconforming use does not require intent.

(5)

Unless the zoning board of adjustment reinstates the nonconforming rights pursuant to section 14.406(j), Reinstatement of Nonconforming Rights, an abandoned use shall not be instituted on that parcel or other parcel in any district which does not permit the abandoned use.

(6)

Prohibited Expansion or Reoccupation.

A nonconforming use or nonconforming structure shall not be expanded, reoccupied with another nonconforming use, or increased as of the adoption date of this zoning ordinance, except as provided in section 14.406(f), Expansion of Nonconforming Uses and Structures.

(7)

Single-Family Residential Uses.

Conforming single-family residential uses on platted lots approved prior to the zoning ordinance adoption date, which may now be nonconforming due to stricter standards, shall be deemed in conformance with this zoning ordinance as long as the use of the lot is allowed in the respective district.

Only the lot size, depth, width, and setbacks shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this zoning ordinance shall be met, or the lot shall be considered nonconforming.

(8)

Existing Platted Lots are Conforming Lots.

Any existing vacant lot platted prior to the zoning ordinance adoption date that was legally conforming, shall be deemed a conforming lot.

(e)

Changing Uses and Nonconforming Rights.

Nonconforming Use to Conforming Use.

Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a nonconforming use.

Nonconforming Use to Another Nonconforming Use.

A nonconforming use may not be changed to another nonconforming use.

Conforming Use in a Nonconforming Structure.

Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by the process outlined in section 14.406(f), Expansion of Nonconforming Uses and Structures.

(f)

Expansion of Nonconforming Uses and Structures.

An expansion of a nonconforming use or nonconforming structure is allowed in accordance with the following.

Nonconforming Use Expansion in Existing Building.

A nonconforming use may be enlarged, increased, or extended within an existing building provided:

No structural alteration may be made on or in the existing building except those required by law to preserve such building in a structurally sound condition.

Work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding fifty percent (50%) of the current replacement value of the building.

The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a nonconforming use.

Nonconforming Use Prohibited From Expansion Beyond Existing Building.

A nonconforming use within a building shall not be extended to occupy any land outside the building.

Off-Street Loading and Parking.

A nonconforming use shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use, except to provide off-street loading or off-street parking space.

Residential Lot Exemption.

The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less area than herein required which was an official lot of record prior to the zoning ordinance adoption date may be used for a single-family dwelling.

(5)

Expansion of Nonconforming Structures with Conforming Uses.

Buildings or structures that do not conform to the area regulations or development standards in this ordinance but where the uses are deemed conforming shall not increase the gross floor area greater than ten (10) percent from the date when the building became nonconforming.

(6)

Reuse of Nonconforming Structure by Conforming Uses Allowed.

Nonconforming structures that have been abandoned and do not meet the current area regulations or development standards shall be allowed to be re-occupied by a conforming use.

If re-occupied by a conforming use, then the new conforming use shall meet the applicable landscaping, parking, and fire lane requirements for health, safety, and welfare reasons.

(g)

Restoration of Nonconforming Structures.

Total or Partial Destruction.

If a nonconforming structure is destroyed by fire, the elements, or other natural catastrophic event, it may be rebuilt, but the existing square footage or function of the nonconforming structure cannot be expanded. The construction must comply with all current building codes, and the zoning regulations in effect at the time the structure was permitted. The construction must commence within twelve (12) months of the date of destruction. The failure of the owner to start such reconstruction within twelve (12) months shall forfeit the owner’s right to restore or reconstruct the structure except in conformance with this ordinance.

If the owner of a nonconforming structure has a nonconforming use and fails to begin reconstruction of the destroyed structure within twelve (12) months of the date of destruction, then the nonconforming structure and nonconforming use shall be deemed to be discontinued or abandoned.

(h)

Movement of Nonconforming Structures.

Relocation of a Nonconforming Structure within a Platted Lot.

Nonconforming structures may be relocated within the same platted lot.

Compliance.

Relocated nonconforming structures shall comply with all setback and screening requirements.

Completion of Structures.

Nothing herein contained shall require any change in the plans, construction, or designated use of the following.

Approved Building.

A building or structure for which a building permit has been issued or a site plan approved prior to the zoning ordinance adoption date, provided that the permit or site plan shall expire in accordance with the time periods set forth in this zoning ordinance.

Building in the Approval Process.

A building or structure for which a complete application for a building permit was accepted by the city manager on or before the adoption date of this zoning ordinance, provided however, that such building permit shall comply with all applicable ordinances in effect on the date such application was filed.

(j)

Reinstatement of Nonconforming Rights.

Loss of Nonconforming Rights Status.

If the city manager determines that a nonconforming use has met the definition of abandonment and has lost its nonconforming rights, the use shall not be instituted on that parcel or other parcel in any district that does not permit the discontinued use.

Any nonconforming use that does not involve a permanent type of structure or operation and that is moved from the premises shall be considered to have been abandoned.

Application for Nonconforming Rights Reinstatement.

The owner and/or operator of the abandoned nonconforming use may submit a written application to the zoning board of adjustment to have the nonconforming rights reinstated.

Written application for reinstatement of nonconforming rights must be made within ten (10) business days after the city manager issues the written notice of determination that a use has been permanently abandoned.

Zoning Board of Adjustment Decision.

The zoning board of adjustment may reinstate nonconforming rights only if the zoning board of adjustment finds that the use was not discontinued for six (6) months or more. The failure of the owner and/or operator to remove on-premise signs shall not be considered (on its own) evidence of a continuing use.

(k)

Registration and Certificate of Occupancy.

A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this code. The owner or lessee of the building or land occupied by the nonconforming use or structure shall apply for registration of a nonconforming use or nonconforming structure to the city manager within one year of the adoption date of this zoning ordinance. The form of registration shall be established by the city manager and shall include a photograph of the nonconformity. Upon determination that the use or structure is legal nonconforming, the city manager shall issue a certificate of occupancy.

(l)

Nonconforming Use Created by Acquisition of Right-of-Way.

Deeming of a Lawful Conforming Structure.

Where a lot, tract, or parcel is occupied by a lawful structure, and where the acquisition of right-of-way by eminent domain proceedings, dedication, or purchase by the city, the county, the state, or a federal agency creates a nonconforming structure, lot, or setback, the structure shall be deemed a lawful conforming structure, to the extent the nonconformity results from the acquisition of the right-of-way. In the event the structure is partially or totally destroyed by natural causes, the structure may be rebuilt.

Cases in which the Owner Receives Compensation for Screening or Landscaping.

In the event the owner of an interest in real property receives compensation for screening or landscaping in the form of curative measures or damages to the remainder in a right-of-way acquisition, the owner shall relocate required fencing or landscaping originally located on the acquired property to the remainder of the tract as closely as practicable to the required setback.

Cases in which the Owner Receives Compensation for Demolition.

A certificate of occupancy shall not be issued for any structure for which compensation has been paid for the demolition of the structure or for other curative measures until such time that the structure meets all applicable ordinances or the curative measures for which the compensation was paid have been completed. For purposes of this section, “curative measures” are those actions, corrections, repairs and/or improvements identified in an appraisal or similar valuation analysis prepared in the context of considering damages to the remainder suffered as a result of the acquisition of a portion of property.

(m)

Pre-Existing Residential Lots and Structures.

Pre-Existing Lots and Parcels.

A lot or unplatted tract in a residential zoning district that is the same size and configuration as existed on or before January 1, 1990 shall be deemed conforming with lot size requirements. This exception does not eliminate the requirement for a subdivision plat as required by the subdivision ordinance.

Pre-Existing Structures.

Existing residential structures that are the same size and configuration as existed on or before January 1, 1990 shall be deemed conforming with building setbacks, but shall not be expanded except in conformance with this section. This is not intended to authorize encroachments of structures onto adjacent properties or into public rights-of-way.

Multiple Principal Structures.

A lot or tract that includes two or more principal residential structures that are the same size and configuration as existed on or before January 1, 1990 may be subdivided to separate the principal structures onto individual lots even if the resulting lots do not meet the minimum size requirements for lots in the applicable zoning district. However, in no case shall a lot be created that is less than 3,000 square feet in area. Lots created under this provision shall maximize setbacks to new lot lines to the extent possible.

(Ordinance 2021-08 adopted 2/11/21; Ordinance 2024-5 adopted 2/8/2024)

§ 14.407 Accessory Buildings and Uses.

Residential Accessory Buildings and Uses.

The following regulations apply to accessory buildings servicing lots zoned for residential uses.

Table 4.2: Residential Accessory Building Requirements
Standard	Lots Up To 21,999 S.F.	Lots 22,000 S.F. and Greater
Maximum height of accessory buildings	15'	Equal to or less than main building
Maximum number of accessory buildings	3	4
Maximum allowed building area coverage	Main and accessory buildings shall not exceed the allowable coverage percentage of the zoning district in which they are located.
Minimum side and rear setback	5'	5'
Minimum setbacks for corner lots	5'*	5'*
Prohibited locations	Accessory buildings in front yards or in easements are prohibited
Barns and other types livestock housing	Barns and other types of livestock housing shall not be counted toward the maximum number of accessory buildings, when used in conjunction with an agricultural use.
* No accessory building shall be placed so as to protrude in front of the main building.

The following regulations apply to accessory dwelling units operating as accessory buildings or as a use attached to the main building.

An accessory dwelling unit shall not be less than five hundred (500) square feet and shall not contain more than one thousand (1,000) square feet of living area.

An accessory dwelling unit may not be larger than the main dwelling.

An accessory dwelling unit may be constructed as a part of the main building.

Any accessory building for human habitation shall not be occupied until the main dwelling has been completed.

Only one (1) accessory dwelling unit shall be allowed on any individual tract of land.

Accessory Building and Use Limitations in Association With Dwelling, Single-Family (Attached–Townhouse) Development.

Only the following accessory buildings and uses are permitted for dwelling, single-family (attached–townhouse) developments:

One attached garage (garage, private (attached)) with one or more compartments and with front and side walls complying with the requirements of the front and side walls of the main portion of the building as to distance, etc.; or

One detached private garage (garage, private (detached)) with one or more compartments and located within the prescribed building lines.

Accessory Buildings and Use Limitations Within the MH, Manufactured Home District.

An accessory building necessary to store equipment for several dwelling units or provide a service function for several dwelling units shall not be occupied as a place of abode.

Any accessory building that is not a part of the main building shall be separated from the main building by a minimum of ten feet (10').

(b)

Nonresidential Accessory Buildings.

In the nonresidential districts, an accessory building shall not exceed the height of the main building and shall not exceed fifty percent (50%) of the floor area of the main building, and shall be used for purposes accessory and incidental to the main use.

(c)

Small Wind Energy Systems.

Accessory Use.

A small wind energy system is allowed as an accessory use in all residential zoning districts.

General Standards.

Small wind energy systems are permitted only in the rear yard.

The minimum distance between the ground and any part of a rotor blade must be at least twenty (20) feet.

Small wind energy systems may not be illuminated, nor may they bear any signs or advertising.

Small wind energy systems must have an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the support structure, rotor blades, and turbine components.

All wiring serving small wind energy systems must be underground.

Noise produced by small wind energy systems may not exceed 55 dBA measured at the property line.

Small wind energy systems must not cause any interference with normal radio and television reception in the surrounding area, with any public safety agency or organization (including but not limited to police, fire, and ambulance) radio transmissions, or with any microwave communications link. The owner shall bear the cost to conduct a study to determine interference, and of immediately eliminating any such interference should any occur, or must immediately shut down the system or parts of the system causing the interference.

A finish (paint/surface) must be provided for the small wind energy system that reduces the visibility of the facility, including the rotors. In most circumstances this condition may be satisfied by painting the support structure and rotors with flat light haze gray paint. If the support structure is unpainted it must be of a single color throughout its height. The owner must maintain the finish, painted or unpainted, so that no discoloration is allowed to occur.

The diameter of the area swept by the rotors may not exceed twelve (12) feet.

Freestanding Systems–Additional Standards.

Small wind energy systems may be mounted on a tower detached from other structures on the lot.

Setback.

The minimum setback from any property line, overhead utility line, or public right-of-way shall be a distance equal to the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point unless the affected utility, property owner, or governmental entity grants written permission for a lesser setback. In addition to the system’s structures, guy wires associated with towers shall meet applicable setbacks for the zoning district.

Height.

Freestanding systems measured from the top blade may not exceed the lesser of five (5) feet over the maximum allowed height for the structures in the applicable zoning district or forty-five (45) feet in height.

Security.

Support structures for freestanding systems must be unclimbable from the ground to a height of at least fifteen (15) feet.

Number.

A maximum of one (1) freestanding small wind generator system may be allowed on a building site.

Roof-Mounted Systems–Additional Standards.

Small wind energy systems may be mounted on the roof of a structure as an appurtenance.

Height.

Roof-mounted systems measured from the top blade may not be more than five (5) feet over the maximum allowed height for the structure.

Number.

A maximum of one (1) roof-mounted small wind generator system may be allowed on a building site.