ORDINANCE A-358
AN ORDINANCE AMENDING THE CITY OF NEWARK ZONING ORDINANCE (#A-222)
TO DELETE REFERENCES TO THE PLANNING AND ZONING COMMISSION; ESTABLISHING
NEW PROCEDURES WITHOUT THE PLANNING AND ZONING COMMISSION; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Newark, Texas is a type A general-law municipality
located in Tarrant and Wise Counties, created in accordance with the
provisions of Chapter 6 of the Local Government Code and operating
pursuant to the enabling legislation of the State of Texas; and
WHEREAS, the City has previously adopted a Zoning Ordinance
(#A-222); and
WHEREAS, the City has previously created, but now desires to
dissolve the Planning and Zoning Commission by separate ordinance;
and
WHEREAS, the dissolution of the Planning and Zoning Commission
necessitates amendments to the City of Newark Zoning Ordinance; and
WHEREAS, the City Council has given published notice and held
a public hearing with respect to the amendment of the Zoning Ordinance
as required by law;
SECTION
1
The City of Newark Zoning Ordinance #A-222, is hereby amended
to delete references to the Planning and Zoning Commission and to
establish new procedures without the Planning and Zoning Commission
in accordance with state law, deleting sections 34.2.78, 36.4, 36.4.1,
36.3.5, and 36.5.3. Such deletions require renumbering of certain
sections as reflected in Exhibit “A”, attached hereto
and incorporated by reference as if written herein. Further, the City
of Newark Ordinance #A-222 shall be amended by revising sections 7.2,
24.1.3, 24.1.5.3, 24.6.2, 25.1, 25.2.1, 29.1.1, 29.1.2, 34.2.79, 36.2,
36.3.1, 36.3.2, 36.5.2, 36.5.6, 36.6, and 37 so that the Ordinance
reads in its entirety as set forth in Exhibit “A”, attached
hereto.
SECTION
2
CUMULATIVE
CLAUSE
This ordinance shall be cumulative of all provisions of ordinances
of the City of Newark, Texas, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances,
in which event the conflicting provisions of such ordinance are hereby
repealed.
SECTION
3
SEVERANCE
CLAUSE
It is hereby declared to be the intention of the City Council
that the phrases, clauses, sentences, paragraphs, and sections of
this ordinance are severable, and if any phrase, clause[,] sentence,
paragraph or section of this ordinance shall be declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation
in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION
4
SAVINGS
CLAUSE
All rights and remedies of the City of Newark are expressly
saved as to any and all violations of the provisions of the City of
Newark Zoning Ordinance or any other ordinances or code provisions
affecting zoning regulations which have accrued at the time of the
effective date of this ordinance; and, as to such accrued violations
and all pending litigation, both civil and criminal, whether pending
in court or not, under such ordinances, same shall not be affected
by this ordinance but may be prosecuted until final disposition by
the courts.
SECTION
5
EFFECTIVE
DATE
This ordinance shall be in full force and effect from and after
its passage and publication as required by law, and it is so ordained.
This ordinance shall be known and may be cited as “The
City of Newark Zoning Ordinance.”
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11)
Zoning Regulations and Districts are herein established in accordance
with a Comprehensive Plan for the purpose of promoting the health,
safety, morals and general welfare of the citizens of the City. They
are designed to lessen congestion in the streets; to secure safety
from fire, panic and other dangers; to provide adequate light and
air; to prevent the overcrowding of land, and to avoid undue concentration
of population; to facilitate the adequate provision of transportation,
water, sewerage, schools, parks and other public requirements. They
have been established with reasonable consideration for the character
of each district and its peculiar suitability for the particular uses
specified; and with a view to conserving the value of buildings and
encouraging the most appropriate use of land throughout the City.
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11)
3.1
Zoning
Districts Identified
The City of Newark, Texas, is hereby divided into zoning districts
as listed in the [this] section.
|
Abbreviated Designation
|
Zoning District Name
|
|---|---|
|
A
|
Agricultural District
|
|
SF-E
|
Single-Family Residential District - Estate
|
|
SF-1
|
Single-Family Residential District - 1
|
|
SF-2
|
Single-Family Residential District - 2
|
|
TF
|
Two-Family Residential (Duplex) District
|
|
MH-1
|
Manufactured Home District
|
|
MH-2
|
Manufactured Home Park District
|
|
MF
|
Multifamily District
|
|
C-1
|
Commercial District - Office, Light Retail, and Neighborhood
Services
|
|
C-2
|
Commercial District - General
|
|
M-1
|
Manufacturing/Industrial District - Light
|
|
PD
|
Planned Development District
|
|
FP
|
Flood Plain District
|
3.2
Description
and Purpose of Zoning Districts
A - Agricultural District: This district provides for the continuance of farming, ranching, and gardening activities on land being utilized for these purposes. When land in an Agricultural District is needed for urban purposes, it is anticipated the zoning will be changed to the appropriate zoning district(s) to provide for orderly growth and development in accordance with the Comprehensive Plan. See Section 8 for A - Agricultural District regulations.
SF-E - Single-Family Residential District - Estate: The SF-E district provides for residential development on large lots with a minimum building site of 35,000 square feet. Density in this district will be no greater than one (1) unit per gross acre. See Section 9 for SF-E - Single-Family Residential District - Estate regulations.
SF-1 - Single-Family Residential District - 1: The SF-1 district provides for a minimum residential building site of 7,500 square feet. Density in this district will be no greater than four (4) units per gross acre. See Section 10 for SF-1 - Single-Family Residential District regulations.
SF-2 - Single-Family Residential District - 2: The SF-2 district provides for a minimum residential building site of 6,000 square feet and permits residential development of densities ranging from four (4) to six (6) units per gross acre. See Section 11 for SF-2 - Single-Family Residential District regulations.
TF - Two-Family Residential (Duplex) District: The TF district provides for stable, quality residential development, including duplex, garden (patio) home, and similar residential development with densities ranging from four (4) to twelve (12) units per gross acre. See Section 12 for TF - Two-Family Residential (Duplex) District regulations.
MH-1 - Manufactured Home District. The MH-1 district provides an area for the placement of manufactured home and modular home units in subdivisions in which most lots and housing units are owner-occupied. Densities in this district will be comparable to that of the SF-2 District. See Section 13 for MH-1 - Manufactured Home Subdivision District regulations.
MH-2 - Manufactured Home Park District. The MH-2 district establishes a category in which manufactured home park development with a maximum density of approximately five (5) - six (6) units per gross acre can occur. See Section 14 for MH-2 - Manufactured Home Park District regulations.
MF - Multifamily District. The MF district permits multifamily developments of maximum densities of fifteen (15) units per acre, except under special mitigation conditions. See Section 15 for MF - Multiple-Family Dwelling District regulations.
C-1 - Commercial District - Office, Light, Retail,
and Neighborhood Services. Retail, commercial, and office uses developed under the standards of the C-1 District are designed to provide a compatible relationship between the C-1 development and adjacent residential areas. See Section 16 for C-1 Commercial District - Office, Light Retail, and Neighborhood Services regulations.
C-2 - Commercial District - General: Uses which require considerable space for display, sales, or open storage, or by the nature of the use are generally not compatible with residential uses are located in the C-2 Commercial District. See Section 17 for C-2 - General Commercial District regulations.
M-1 - Manufacturing/Industrial District - Light: The Light Manufacturing/Industrial District is established to accommodate uses of a non-nuisance type located in relative proximity to residential and C-1 business areas. Development in the M-1 district is limited primarily to certain wholesale, jobbing and warehouse uses and certain specialized manufacturing and research uses of a type which will not create nuisances. See Section 18 for M-1 - Manufacturing/Industrial District - Light regulations.
M-2 - Manufacturing/Industrial District - Heavy: The Heavy Manufacturing/Industrial District is established to accommodate industrial uses not appropriate for inclusion in the M-1 district and likely to create noise, traffic, odor and/or other conditions incompatible with most residential and commercial uses. See Section 19 for M-2 - Manufacturing/Industrial District - Heavy regulations.
PD - Planned Development District: The Planned Development District provides a zoning category for the planning and development of larger tracts of land for tracts of land with unique characteristics for a single use or combination of uses requiring flexibility and variety in design to achieve orderly development with due respect to the protection of surrounding property. See Section 20 for PD - Planned Development District regulations.
FP - Flood Plain District: Zoning districts located in flood hazard areas which are subject to periodic inundation shall be preceded by the prefix FP, indicating a subdistrict. Areas designated FP may be used only for those uses listed in the provisions of Section 21 until a use in any area or any portion thereof located in FP subdistrict has been approved by the City Council. Approval shall only be given after engineering studies determine that the area, or any portion thereof, is suitable for uses in the district, and building construction or development would not create an obstruction to drainage nor a hazard to life or property, and that such construction is not contrary to the public interest. See Section 21 for FP - Flood Plain District regulations.
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11)
4.1
Zoning
District Boundaries Delineated on Zoning District Map
The boundaries of the zoning districts set out herein are delineated
upon the Zoning District Map of the City of Newark, Texas, said map
being hereby adopted as part of this ordinance as fully as if the
same were set forth herein in detail.
4.2
Regulations
for Maintaining Zoning District Map
Two (2) original,
official, and identical copies of the Zoning District Map are hereby
adopted bearing the signature of the Mayor and attestation of the
City Secretary and shall be filed and maintained as follows:
4.2.1
One
copy shall be filed with the City Secretary, to be retained as the
original record and shall not be changed in any manner.
4.2.2
One
copy shall be filed with the Building Official and shall be maintained
up-to-date by posting thereon all changes and subsequent amendments
for observation in issuing building permits and for enforcing the
Zoning Ordinance. A written record (logbook) shall be kept by the
Building Official of all changes made to the Zoning District Map.
4.2.3
Reproductions
of the official Zoning District Map may be made for information purposes.
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11)
5.1
Rules
for Determining District Boundaries
The district boundary
lines shown on the zoning district map are usually along streets,
alleys, property lines, or extensions thereof. Where uncertainty exists
as to the boundaries of districts as shown on the official zoning
map, the following rules shall apply:
5.1.1
Boundaries
indicated as approximately following streets, highways, or alleys
shall be construed to follow the centerline of such street, highway,
or alley.
5.1.2
Boundaries
indicated as approximately following platted lot lines shall be construed
as following such lines.
5.1.3
Boundaries
indicted as approximately following city limits shall be construed
as following city limits.
5.1.4
Boundaries
indicated as following railroad or utility lines shall be construed
to be the centerline of the right-of-way; if no centerline is established,
the boundary shall be interpreted to be midway between the right-of-way
lines.
5.1.5
Boundaries
indicated as parallel to or extensions of features indicated in 5.1.1.
through 5.1.5. above shall be [so] construed. Distances not specifically
indicated on the original Zoning Map shall be determined for the graphic
scale on the map.
5.1.6
Boundaries
indicated as parallel to or extensions of features indicated in 5.1.1.
through 5.1.5. above shall be construed. Distances not specifically
indicated on the original Zoning Map shall be determined from the
graphic scale on the map.
5.1.7
Whenever
a street, alley or other public way is vacated by official action
of the City Council, or whenever a street or alley area is franchised
for building purposes, the zoning district line adjoining each side
of such street, alley, or other public way shall be automatically
extended to the centerline of such vacated street, alley, or way,
and all areas so involved shall then and henceforth be subject to
all regulations of the extended districts.
5.1.8
Where physical features of the ground are at variance with information shown on the official zoning district map, or if there arises a question as to how a parcel of property is zoned and such question cannot be resolved by the application of subsections 5.1.1. through 5.1.7., or the zoning of property is invalidated by a final judgment of a court of competent jurisdiction, the property shall be considered as classified A - Agricultural District, temporarily. In an area determined to be temporarily classified as A - Agricultural District, no person shall construct, add or to alter any building or structure or cause the sale [same] to be done, nor shall any use be located therein or on the land which is not permitted in an A - Agricultural District, unless and until such territory has been zoned to permit such use by the City Council. It shall be the duty of the City Council to determine a permanent zoning for such area as soon as practicable.
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11)
6.1
Permanent
Zoning Concurrent With Zoning
An area or areas being
annexed to the City of Newark shall ordinarily be given permanent
zoning concurrently with the annexation.
6.2
Temporary
Classification
In instances in which the zoning of an
annexed territory concurrently with the annexation is impractical,
the annexed territory shall be temporarily classified as A - Agricultural
District, until permanent zoning is established by the City Council.
The procedure for establishing permanent zoning on annexed territory
shall conform to the procedure established by law for the adoption
of original zoning regulations. The City Council shall determine a
permanent zoning for such area as soon as practicable after annexation.
6.3
Regulations
in Areas Temporarily Classified
In an area temporarily
classified as A - Agricultural District:
6.3.1
No
person shall erect, construct, or proceed or continue with the erection
or construction of any building or structure or cause the same to
be done in any newly annexed territory to the City of Newark without
first applying for and obtaining a building permit or certificate
of occupancy from the building official or the City Council, as may
be required.
6.3.2
No
permit for the construction of a building or use of land shall be
issued by the Building Official other than a permit which will allow
the construction of a building permitted in a zoning district other
than the Agricultural District by the City Council in the manner prescribed
by law.
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11)
7.1
Compliance
With Zoning Regulations Required
All land, buildings,
structures, or appurtenances thereon located within the City of Newark
which are hereafter occupied, used, erected, altered, removed, placed,
demolished, or converted shall be occupied, used, erected, altered,
removed, placed, demolished, or converted in conformance with the
zoning regulations prescribed for the zoning district in which such
land or building is located as hereinafter provided.
7.2
Building
Permits Prohibited Without Plat
No permit for the construction
of [or] placement of a building or buildings upon any tract or plot
shall be issued unless the plot or tract is part of a plat of record,
properly approved by the City Council and filed in the Plat Records
of county or counties in which the plot or tract is located.
7.3
Exclusions
Nothing herein contained shall require any change in the plans,
construction, or designated use of a building under construction at
the time of the passage of this ordinance and which entire building
shall be completed within one (1) year from the date of passage of
this ordinance.
7.4
One Main
Building on a Lot or Tract
Only one main building for
one-family or two-family use with permitted accessory buildings may
be located upon a lot or tract. Every dwelling shall face or front
upon a public street or approved place other than an alley, which
street or approved place shall have a minimum width of twenty-five
(25) feet. Where a lot is used for retail and dwelling purposes, more
than one main building may be located upon the lot but only when such
buildings conform to all the open space, parking, and density requirements
applicable to the uses and districts. Whenever two or more main buildings,
or portions thereof, are placed upon a single lot or tract and such
buildings will not face upon a public street, the same may be permitted
when the site plan for such development is approved by the City Council.
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 dwelling or other use.
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11)
8.1
General
Purpose and Description
The Agricultural District is
intended to apply to land situated on the fringe of an urban area,
used for agricultural purposes, and which may become an urban area
in the future. Therefore, the agricultural activities conducted in
the Agricultural District should not be detrimental to urban land
uses and intensity of use permitted in this district is intended to
encourage and protect agricultural uses until urbanization is warranted
and the appropriate change in district classification is made.
8.2
Permitted
Uses
A building or premise shall be used only for the
following purposes:
8.2.1
Single-family
dwellings on building lots of two (2) acres or more in areas where
said dwellings can be adequately served by city utilities or septic
tanks located on the building lot.
8.2.2
Telephone
exchange and utility service building, provided no public business
and repair or outside storage facilities are maintained; gas lines;
and gas regulating stations.
8.2.3
Accessory
buildings and structures clearly incidental to agricultural operations,
including but not limited to barns, stables, equipment sheds, granaries,
private garages, pump houses, and servant’s quarters not for
rent, provided that the total area of buildings and structures shall
be limited to ten percent (10%) of the gross land area of tract.
8.2.4
Temporary
metal buildings of less than six hundred (600) square feet which are
used for tool and supply storage.
8.2.5
Riding
academy or other equestrian related activities.
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11)
9.1
General
Purpose and Description
The Single-Family Residential
- Estate District is designed to accommodate single-family residential
development on large lots. The district can be appropriately located
in proximity to agricultural and standard single-family residential
uses.
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11)
10.1
General
Purpose and Description
The Single-Family Residential
District - 1 is designed to accommodate the standard low density single-family
residential development. The district can be appropriately located
in proximity to multifamily residential areas and certain neighborhood
local retail and office uses, with appropriate screening or buffering.
Densities in this district will not exceed four (4) units per gross
acre.
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11)
11.1
General
Purpose and Description
The Single-Family Residential
District - 2 is intended to provide for medium density single-family
residential development. This district functions as a buffer or transition
between major streets, nonresidential areas and lower density residential
areas. Density in this district will range between four (4) and six
(6) units per gross acre.
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11)
12.1
General
Purpose and Description
The purpose of the Two-Family
Residential (Duplex) District is to promote stable, quality residential
development of slightly increased densities. Consistent with the city’s
Comprehensive Plan, this district may be used as a “buffer”
district between low density and high density districts or between
residential and nonresidential districts.
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11)
13.1
General
Purpose and Description
The Manufactured Home District
is intended to provide for quality mobile home subdivision development
containing many of the characteristics and the atmosphere of a standard
single-family subdivision.
13.5
Parking
Requirements
Two (2) spaces shall be provided per unit located on the lot plus additional spaces for accessory uses as required in Section 26.
13.6
Additional
Restrictions Applicable to MH-1 District
13.6.1
Manufactured
housing design and construction will comply with construction and
safety standards published by the Department of Housing and Urban
Development pursuant to the requirements of the National Mobile Home
and Safety Standards Act of 1974 and all manufactured homes will be
subject to inspection by the Building Official.
13.6.2
All
manufactured homes shall be set on a permanent foundation, as defined
by Title 10, Section 80.52 of the Texas Administrative Code.
13.6.3
Tie-downs
will be required and will be secured prior to occupancy.
13.6.4
Underpinning
and skirting of like material and color or better is required and
will be installed prior to occupancy.
13.6.5
Accessory
buildings will be either manufactured or constructed in accordance
with city codes.
13.6.6
All
manufactured homes and modular homes shall comply with all regulations
of the State of Texas and such regulations are hereby incorporated
into this section.
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11)
14.1
General
Purpose and Description
The Manufactured Home Park District
is intended to provide for quality mobile home park development and
maintenance. Manufactured home parks are defined as tracts or units
of land under sole ownership where lots are rented or leased as space
to be used for placement of a manufactured home.
14.2
Permitted
Uses
A building or lot shall be used only for the following
purposes:
14.2.1
Manufactured
home park of not less than one-half (1/2) nor more than ten (10) acres
in size.
14.2.2
Uses
normally accessory to a manufactured home park, including office and/or
maintenance buildings for management and maintenance of the park only,
recreation buildings and swimming pools, private clubs, laundry facilities,
storage facilities, and recreation areas for use by the resident[s]
of the park.
14.3
Permitted
Specific Uses
The following specific uses shall be permitted in the MH-2 District when granted in accordance with Section 25:
14.5
Parking
Requirements
Two (2) spaces shall be provided per unit located on the lot plus additional spaces for accessory uses as required in Section 26.
14.6
Additional
Restrictions Applicable to Mobile Home Park District
14.6.1
Manufactured
housing design and construction will comply with construction and
safety standards published by the Department of Housing and Urban
Development pursuant to the requirements of the National Mobile Home
and Safety Standards Act of 1974 and all manufactured homes will be
subject to inspection by the Building Official.
14.6.2
Tie-downs
will be required and will be secured prior to occupancy.
14.6.3
Underpinning
and skirting of like material and color or better will be required
and will be installed prior to occupancy.
14.6.4
Accessory
buildings will be either manufactured or constructed in accordance
with city codes.
14.6.5
All
manufactured homes and modular homes shall comply with all regulations
of the State of Texas and such regulations are hereby incorporated
into this section.
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11)
15.1
General
Purpose and Description
The Multifamily Residential District is intended to provide for medium to higher density residential development. This district functions as a buffer or transition between major streets, nonresidential areas, or higher density residential areas and lower density residential areas. Density in this district does not ordinarily exceed fifteen (15) units per gross acre but can reach a maximum of twenty-five (25) units per gross acre if special fire protection requirements are observed (see Section 15.8).
15.2
Permitted
Uses
A building or premise shall be used only for the
following purposes:
15.4
Height
and Area Regulations
See Appendix 1, Area, Setback, Height, and Coverage Regulations.
When buildings exceed one (1) story in height, such buildings
shall be constructed in accordance with existing building and fire
codes.
15.5
Parking
Regulations
Two and one-half (2.5) off-street parking spaces shall be provided per dwelling unit. Required parking may not be provided within the required front yard. Other off-street parking spaces regulations are set forth in Section 26.
15.6
Refuse
Facilities
Every dwelling unit in a multifamily complex
shall be located within two hundred fifty (250) feet of a refuse facility,
measured along the designated pedestrian and vehicular travelway.
There shall be available at all times at least six (6) cubic yards
of refuse container per thirty (30) multifamily dwelling units. For
complexes with less than thirty (30) units, no less than four (4)
cubic yards of refuse container shall be provided. Each refuse facility
shall be screened for view on three (3) sides from persons standing
at ground level on the site or immediately adjoining property, by
an opaque fence or wall of wood or masonry not less than six (6) feet
nor more than eight (8) feet in height or by an enclosure within a
building. Refuse containers shall be provided and maintained in a
manner to satisfy city public health and sanitary regulations. Each
refuse facility shall be located so as to provide safe and convenient
pickup by refuse collection agencies.
15.7
Screening
Fence
Border fencing of wood or masonry of not less than
six (6) feet in height shall be installed by the builder at the time
of construction of any multifamily complex, along the property line
on any perimeter not abutting a public street or right-of-way. This
fence shall be maintained throughout the existence of the multifamily
complex by the owner of the complex.
15.8
Special
Fire Protection Requirements
Whenever densities of greater
than fifteen (15) units per acre are present, each building in the
development shall at the time of the construction, and thereafter
be operated in accordance with currently applicable building and fire
safety codes.
(Ordinance A-358 adopted 7/16/09; Ordinance A-363, sec. 1, adopted 4/22/10)
16.1
General
Purpose and Description
The Commercial District - 1 is
intended for office facilities, neighborhood shopping facilities,
and retain [retail] and commercial facilities of a service character.
The C-1 District is established to accommodate the daily and frequent
needs of the community. The following regulations shall be applicable
to all uses in the district:
16.1.1
The
business shall be conducted wholly within an enclosed building;
16.1.2
Required
yards shall not be used for display, sale, or storage or [of] merchandise
or for the storage of vehicles, equipment, containers, or waste material;
16.1.3
All
merchandise shall be sold at retail on the premises; and
16.1.4
Such
use shall not be objectionable because of odor, excessive light, smoke,
dust, noise, vibration, or similar nuisance.
16.2
Permitted
Uses
A building or premise shall be used only for the
following purposes:
(Ordinance A-358 adopted 7/16/09; Ordinance A-363, sec. 1, adopted 4/22/10)
17.1
General
Purpose and Description
The General Commercial District
is intended to provide a zoning category similar to the C-1 District,
except that additional uses are permitted which are not generally
carried on completely within a building or structure and an expanded
range of service and repair uses is permitted.
(Ordinance A-358 adopted 7/16/09; Ordinance A-363, sec. 1, adopted 4/22/10)
18.1
General
Purpose and Description
The Light Manufacturing/Industrial
District is established to accommodate those uses which are a non-nuisance
type located in relative proximity to residential areas, and to preserve
and protect land designated on the Comprehensive Plan for industrial
development and use from the intrusion of certain incompatible uses
which might impede the development and use of lands for industrial
purposes. Development in the M-1 District is limited primarily to
certain storage, wholesale, and industrial uses, such as the fabrication
of materials, and specialized manufacturing and research institutions,
all of a non-nuisance type. No use or types of uses specifically limited
to the M-2 District may be permitted in the M-1 District.
Uses permitted in the M-1 District are subject to the following
conditions:
18.1.1
All
business, servicing, or processing, except for off-street loading,
display or merchandise for sale to the public, and establishments
of the “drive-in” type, shall be conducted within completely
enclosed areas.
18.1.2
All
storage within one hundred (100) feet of a residential district, except
for motor vehicles in operable condition, shall be within completely
enclosed buildings or effectively screened with screening not less
than six (6) feet nor more than eight (8) feet in height, provided
no storage located within fifty (50) feet of such screening shall
exceed the maximum height of screening.
18.1.3
Permitted
uses in the M-1 District shall not disseminate dust, fumes, gas, noxious
odor, smoke, glare, or other atmospheric influence.
18.1.4
Permitted
uses in the M-1 District shall produce no noise exceeding in intensity,
at the boundary of the property, the average intensity of noise of
street traffic.
18.1.5
Permitted
uses in the M-1 District shall not create fire hazards on surrounding
property.
18.3
Permitted
Specific Uses
The following specific uses shall be permitted in the M-1 District when granted in accordance with Section 25:
18.3.1
Machine
shops and fabrication of metal not more than ten (10) gauge in thickness.
18.3.2
Accessory
uses, including but not limited to temporary buildings for construction
purpose for a period not to exceed the duration of such construction.
18.3.3
Factory
outlet retail or wholesale store for the sales and servicing of goods
or materials on the same premises as the manufacturing company to
which they are related, including sales and service in a separate
building or buildings.
18.3.4
Railroad
freight terminals, railroad switching and classification yards, repair
shops, and roundhouses.
(Ordinance A-358 adopted 7/16/09; Ordinance A-363, sec. 1, adopted 4/22/10)
19.1
General
Purpose and Description
The Heavy Manufacturing/Industrial
District is established to accommodate most industrial uses and protect
such areas from the intrusion of certain incompatible uses which might
impede the development and use of lands for industrial purposes.
Uses permitted in the M-2 District are subject to the following
conditions:
19.1.1
All
business, servicing, or processing, except for off-street parking,
off-street loading, display of merchandise for sale to the public,
and establishments of the “drive-in” type, shall be conducted
within completely enclosed buildings unless otherwise indicated.
19.1.2
All
storage within one hundred (100) feet of a residential district, except
for motor vehicles in operable condition, shall be within completely
enclosed buildings or effectively, screened with screening not less
than six (6) feet nor more than eight (8) feet in height, provided
no storage located within fifty (50) feet of such screening shall
exceed the maximum height of such screening.
19.1.3
All
uses permitted in the M-2 district must meet the following performance
standards and any appropriate city ordinances:
19.1.3.a
Smoke:
No operation shall be conducted unless it conforms
to the standards established by any applicable state and federal health
rules and regulations pertaining to emission of particulate matter;
19.1.3.b
Particulate Matter:
No operation shall be conducted
unless it conforms to the standards established by applicable state
and federal health rules and regulations pertaining to emission of
particulate matter;
19.1.3.c
Dust, Odor, Gas, Fumes, Glare, or Vibration:
No emission
of these matters shall result in a concentration at or beyond the
property line which is detrimental to the public health, safety or
general welfare or which causes injury or damage to property; said
emissions shall in all cases conform to the standards established
by applicable state and federal health rules and regulations pertaining
to said emissions;
19.1.3.d
Radiation Hazards and Electrical Disturbances:
No operation
shall be conducted unless it conforms to the standards established
by applicable state and federal health rules and regulations pertaining
to radiation control;
19.1.3.e
Noise.
No operation shall be conducted in a manner so
that any noise produced is objectionable due to intermittence, beat
frequency, or shrillness. Sound levels of noise at the property line
shall not exceed 75 db(A) permitted for a maximum of fifteen (15)
minutes in any one (1) hour; said operation shall in all cases conform
to the standards established by applicable state and federal health
rules and regulations and to other city ordinances pertaining to noise;
and
19.1.3.f
Water Pollution:
No water pollution shall be emitted
by manufacturing or other processing. In a case in which potential
hazards exist, it shall be necessary to install safeguards acceptable
to the appropriate State and national health and environmental protection
agencies prior to issuance of a certificate of occupancy. The applicant
shall have the burden of establishing that said safeguards are acceptable
to said agency or agencies.
19.3
Permitted
Specific Uses
The following specific uses shall be permitted in the M-2 District when granted in accordance with Section 25:
19.3.1
Uses as listed in Section 22 of this ordinance.
Other manufacturing and industrial uses which do not meet the general definition for manufacturing processes may be permitted by the City Council after public hearing and review of the particular operational characteristics of each such use, and other pertinent data affecting the community’s general welfare. Approval of uses under this section shall be made in accordance with Section 33.2.2.6 [33.2.2.7].
(Ordinance A-358 adopted 7/16/09; Ordinance A-363, sec. 2, adopted 4/22/10)
20.1
General
Purpose and Description
The Planned Development District
“PD” prefix is intended to provide for combining and mixing
of uses allowed in various districts with appropriate regulations
and to permit flexibility in the use and design of land and buildings
in situations where modification of specific provisions of this ordinance
is not contrary to its intent and purpose or significantly inconsistent
with the planning on which it is based and will not be harmful to
the community. A PD District may be used to permit new and innovative
concepts in land utilization. While great flexibility is given to
provide special restrictions which will allow development not otherwise
permitted, procedures are established herein to insure against misuse
of the increased flexibility.
20.2
Permitted
Uses
Any use specified in the ordinance granting a Planned
Development District shall be permitted in that district. The size,
location, appearance, and method of operation may be specified to
the extent necessary to insure compliance with the purpose of this
ordinance.
20.3
Development
Standards
20.3.1
Development
standards for each separate PD District shall be set forth in the
ordinance granting the PD District and may include but shall not be
limited to uses, density, lot area, lot width, lot depth, yard depths
and widths, building height, building elevations, coverage, floor
area ratio, parking, access, screening, landscaping, accessory buildings,
signs, lighting, management associations, and other requirements as
the City Council may deem appropriate.
20.3.2
In
the PD District, the particular district(s) to which uses specified
in the PD are most similar shall be stated in the granting ordinance.
All PD applications shall list all requested variances from the standard
requirements set forth throughout this ordinance (applications without
this list will be considered incomplete).
20.3.3
The
ordinance granting a PD District shall include a statement as to the
purpose and intent of the PD granted therein. A specific list is required
of variances in each district or districts and a general statement
citing the reason for the PD request.
20.3.4
The
Planned Development District shall conform to all other sections of
the ordinance unless specifically exempted in the granting ordinance.
20.4
Conceptual
and Development Plan
In establishing a Planned Development
District, the City Council shall approve and file as part of the amending
ordinance appropriate plans and standard[s] for each Planned Development
District. During the review and public hearing process, the City Council
shall require a conceptual plan and a development plan (or detail
site plan).
20.4.1
Conceptual Plan
This plan shall be submitted by the
applicant. The plan shall show the applicant’s intent for the
use of the land within the proposed Planned Development District in
a graphic manner and shall be supported by written documentation of
proposals and standards for development.
20.4.1.1
A conceptual plan for residential land use shall show general use,
thoroughfares, and preliminary lot arrangements. For residential development
which does not propose platted lots, the conceptual plan shall set
forth the size, type, and location of buildings and building sites,
access, density, building height, fire lanes, screening, parking areas,
landscaped areas, and other pertinent development data.
20.4.1.2
A conceptual plan for uses other than residential uses shall set
forth the land use proposals in a manner to adequately illustrate
the type and nature of the proposed development. Data which may be
submitted by the applicant, or required by the City Council, may include
but is not limited to the types of use(s), topography, and boundary
of the PD area, physical features of the site, existing streets, alleys,
and easements, location of future public facilities, building heights
and locations, parking ratios, and other information to adequately
describe the proposed development and to provide data for approval
which is to be used in drafting the final development plan.
20.4.1.3
Changes of detail which do not alter the basic relationship of the
proposed development to adjacent property and which do not alter the
uses permitted or increase the density, building height, or coverage
of the site and which do not decrease the off-street parking ratio,
reduce the yards provided at the boundary of the site, or significantly
alter the landscape plans as indicated on the approved conceptual
plan may be authorized by the building official or his designated
representative. If an agreement cannot be reached regarding whether
or not a detail site plan conforms to the original concept plan, the
City Council shall determine the conformity.
20.4.2
Development Plan or Detailed Site Plan
This plan shall set forth the final plans for development of the Planned Development District and shall conform to the data presented and approved on the conceptual plan. Approval of the development plan shall be the basis for issuance of a building permit. The development plan may be submitted for the total area of the PD or for any section by the City Council. A public hearing on approval of the development plan shall be required at the Council level, unless such a hearing is waived pursuant to Section 20.4.3.1. at the time of conceptual plan approval in the original amending ordinance. The development plan shall include:
20.4.2.1
A site inventory analysis including a scale drawing [showing] existing
vegetation, natural watercourses, creeks or bodies of water, and an
analysis of planned changes in such natural features as a result of
the development. This should include a delineation of any floodprone
areas.
20.4.2.2
A scale drawing showing any proposed public or private streets and
alleys; building sites or lots; and areas reserved as parks, parkways,
playgrounds, utility easements, school sites, street widening and
street changes; the points of ingress and egress from existing streets;
general location and description of existing and proposed utility
services, including size of water and sewer mains; the location and
width for all curb cuts and the land area of all abutting sites and
the zoning classification thereof on an accurate survey of the tract
with the topographical contour interval of not more than five (5)
feet.
20.4.2.3
A site plan for proposed building complexes showing the location
of separate buildings, and between buildings and property lines, street
lines, and alley lines. Also to be included on the site plan is a
plan showing the arrangement and provision of off-street parking.
20.4.2.4
A landscape plan showing screening walls, ornamental planting, wooded
areas, and trees to be planted.
20.4.2.5
An architectural plan showing elevations and signage style to be
used throughout the development in all districts except single-family
and two-family may be required by the City Council if deemed appropriate.
Any or all of the required information may be incorporated on a single
drawing if such drawing is clear and can be evaluated by the building
official or his designated representative.
20.4.3
Procedure for Establishment
The procedure for establishing a Planned Development District shall follow the procedure for zoning amendments as set forth in Section 36. This procedure is expanded as follows for approval of conceptual and development plans.
20.4.3.1
Separate public hearings shall be held by City Council for the approval
of the conceptual plan and the development plan or any section of
the development plan, unless such requirement is waived by the City
Council upon a determination that a single public hearing is adequate.
A single public hearing is adequate when:
(a)
The applicant submits adequate data with the request for the Planned
Development District to fulfill the requirements for both plans; or
(b)
Information on the concept plan is sufficient to determine the appropriate
use of the land and the detail site plan will not deviate substantially
from it; and
(c)
The requirement is waived at the time the amending ordinance is approved.
If the requirement is waived, the conditions shall be specifically
stated in the amending ordinance.
20.4.3.2
The ordinance establishing the Planned Development District shall
not be approved until the conceptual plan is approved.
20.4.3.3
The development plan may be approved in sections. When the plan is
approved in sections, the [then] separate approvals by the City Council
for the initial and subsequent sections will be required.
20.4.3.4
An initial development plan shall be submitted for approval within
six (6) months from the approval of the conceptual plan or some portion
of the conceptual plan. If the development plan is not submitted within
six (6) months, the conceptual plan is subject to reapproval by the
City Council. If the entire project is not completed within two (2)
years, the City Council may review the original conceptual plan to
ensure its continued validity.
20.4.3.5
Regardless of whether the public hearing is waived for the development
plan, approval by the City Council is still required.
20.5
Written
Report May Be Required
When a PD is being considered,
a written report may be requested of the applicant discussing the
impact on planning, engineering, water utilities, electric, sanitation,
building inspection, tax, police, fire, and traffic. Written comments
from the applicable public school district and from private utilities
may be submitted to the City Council.
20.6
Planned
Developments To Be Recorded
All Planned Development Districts
approved in accordance with the provisions of this ordinance in its
original form, or by subsequent amendment thereto, shall be referenced
on the Zoning District Map, and a list of such Planned Development
Districts, together with the category of uses permitted therein, shall
be maintained in an appendix of this ordinance.
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11)
21.1
General
Purpose and Description
The Flood Plain District is designed
to provide for the appropriate use of land which has a history of
inundation or is determined to be subject to flood hazard, and to
promote the general welfare and provide protection from flooding portions
of certain districts. Such areas are designated with a Flood Plain
Prefix, FP.
21.2
Permitted
Uses
The permitted uses in that portion of any district
having a Flood Plain (FP) prefix shall be limited to the following:
21.2.1
Agricultural
activities including the ordinary cultivation or grazing of land and
legal types of animal husbandry but excluding construction of barns
or other outbuildings.
21.2.2
Off-street
parking incidental to any adjacent main use permitted in the district.
21.2.3
Electrical
substation.
21.2.4
All
types of local utilities including those requiring specific use permits.
21.2.5
Parks,
playgrounds, public golf courses (no structures), and other recreational
areas.
21.2.6
Private
open space as part of a Planned Residential Development.
21.2.7
Structures,
installations, and facilities installed, operated, and maintained
by public agencies for flood control purposes.
21.2.8
Bridle
trail, bicycle, or nature trial.
21.3
City
Council Approval Required
No structure shall be erected
in that portion of any district designated with a Flood Plain, FP,
prefix until and unless such structure has been approved by the City
Council after engineering studies have been made and it is ascertained
that such building or structure is not subject to damage by flooding
and would not constitute an encroachment, hazard, or obstacle to the
movement of floodwaters and that such construction would not endanger
the value and safety of other property or public health and welfare.
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11)
No land shall hereafter be used and no building or structure
shall hereafter be occupied, used, erected, altered, removed, placed,
demolished or converted which is arranged or designed to be used for
other than those uses specified for the district in which it is located
as set forth by the [following tables:]
|
SCHEDULE OF USES - TABLE 1
| |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
ACCESSORY AND INCIDENTAL USES
| |||||||||||||
|
Type of Use
|
Note*
|
A
|
SF-E
|
SF-1
|
SF-2
|
TF
|
MF
|
MH-1
|
MH-2
|
C-1
|
C-2
|
M-1
|
M-2
|
|
Accessory building to main use
|
23.7.1
|
+
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Boat; boat trailer
|
|
Y
|
Y++
|
Y++
|
Y++
|
Y++
|
Y++
|
Y++
|
Y++
|
|
|
|
|
|
Carport
|
23.7.2
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Construction yard (temporary) (1)
|
23.7.3
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Customary home occupation
|
23.7.4 [23.7.5]
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
|
|
|
|
Field or sales office, (temporary) (1)
|
23.7.5 [23.7.4]
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Garage, private
|
23.7.6
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
|
|
|
|
Motor home
|
|
Y
|
Y++
|
Y++
|
Y++
|
Y++
|
Y++
|
Y++
|
Y++
|
|
|
|
|
|
Trailer, travel trailer, cattle trailer, etc.
|
|
Y
|
Y++
|
Y++
|
Y++
|
Y++
|
Y++
|
Y++
|
Y++
|
|
|
|
|
|
RESIDENTIAL USES
| |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Type of Use
|
Note*
|
A
|
SF-E
|
SF-1
|
SF-2
|
TF
|
MF
|
MH-1
|
MH-2
|
C-1
|
C-2
|
M-1
|
M-2
|
|
Boarding or rooming house
|
23.1.1
|
|
|
|
|
|
S
|
|
|
Y
|
S
|
|
|
|
Dormitory
|
23.1.2
|
|
|
|
|
|
S
|
|
|
|
|
|
|
|
Duplex (see Two-family dwelling)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Garden (patio home) (1)
|
23.1.4
|
|
|
S
|
Y
|
Y
|
S
|
|
|
|
|
|
|
|
Guest house
|
23.1.5
|
Y
|
Y
|
S
|
S
|
S
|
|
|
|
|
|
|
|
|
Manufactured housing, HUD-Code
|
23.1.6
|
|
|
|
|
|
|
Y
|
Y
|
|
|
|
|
|
Manufactured home park
|
23.1.7
|
|
|
|
|
|
|
|
+++
|
|
|
|
|
|
Manufactured home subdivision
|
23.1.8
|
|
|
|
|
|
|
Y
|
|
|
|
|
|
|
Mobile home
|
23.1.9
|
|
|
|
|
|
|
S
|
S
|
|
|
|
|
|
Motel, motor hotel, or motor lodge
|
23.1.10
|
|
|
|
|
|
|
|
|
|
Y
|
|
|
|
Multiple-family residence (2)
|
23.1.11
|
|
|
|
S
|
S
|
Y
|
|
|
|
|
|
|
|
Residence hotel (3)
|
23.1.12
|
|
|
|
|
|
Y
|
|
|
|
|
|
|
|
Retirement housing
|
23.1.13
|
|
|
|
|
|
Y
|
|
|
|
|
|
|
|
Servant’s, caretaker’s or guard’s residence
|
23.1.14
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Single-family dwelling, attached
|
23.1.15
|
|
|
|
S
|
|
++
|
|
|
|
|
|
|
|
Single-family dwelling, detached
|
23.1.16
|
+
|
Y
|
Y
|
Y
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Townhouse or row dwelling
|
23.1.17
|
|
|
|
|
S
|
Y
|
|
|
|
|
|
|
|
Travel trailer park
|
23.1.19
|
|
|
|
|
|
|
|
++++
|
|
Y
|
|
|
|
Two-family dwelling
|
23.1.20
|
|
|
|
|
Y
|
S
|
|
|
|
|
|
|
|
Zero lot line house
|
23.1.21
|
|
|
|
S
|
Y
|
Y
|
|
|
|
|
|
|
|
*The number in this column references the description/definition listed in Section 23.1.
|
|
(1) See Section 24.5 for additional regulations.
|
|
(2) See Section 24.6 for additional regulations.
|
|
(3) See Section 24.4 for additional regulations.
|
|
+ See Section 8.2.1 of this ordinance.
|
|
++ See Section 15.2.1 of this ordinance.
|
|
SCHEDULE OF USES - TABLE 2
| |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
EDUCATIONAL, INSTITUTIONAL, AND SPECIAL USES
| |||||||||||||
|
Type of Use
|
Note*
|
A
|
SF-E
|
SF-1
|
SF-2
|
TF
|
MF
|
MH-1
|
MH-2
|
C-1
|
C-2
|
M-1
|
M-2
|
|
Athletic field (See Stadium or playfield, public)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Cemetery or mausoleum
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Child care center (1)
|
23.2.1
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
Y
|
|
|
|
Church, rectory, place of worship
|
23.2.2
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
Y
|
Y
|
|
|
|
Civic center
|
23.2.3
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
|
College or university
|
23.2.4
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Community center, public
|
23.2.5
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
Y
|
Y
|
|
|
Community center, private
|
23.2.6
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
Y
|
Y
|
Y
|
|
|
Continuing care facility
|
23.2.7
|
|
|
|
|
|
Y
|
S
|
S
|
Y
|
Y
|
|
|
|
Country club (private)
|
23.2.8
|
Y
|
S
|
S
|
S
|
S
|
S
|
S
|
|
|
|
Y
|
|
|
Exhibition area
|
23.2.10
|
S
|
|
|
|
|
|
|
|
|
Y
|
Y
|
S
|
|
Fairgrounds
|
23.2.11
|
S
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
Family home (2)
|
23.2.12
|
S
|
S
|
S
|
Y
|
Y
|
Y
|
Y
|
S
|
|
|
|
|
|
Farm, ranch, or orchard
|
23.2.13
|
Y
|
S
|
S
|
S
|
|
|
S
|
|
|
|
Y
|
Y
|
|
Feedlot, livestock
|
|
S
|
|
|
|
|
|
|
|
|
|
|
|
|
Fraternal organization, lodge or civic club
|
23.2.14
|
S
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
S
|
|
Golf course
|
23.2.15
|
Y
|
Y
|
S
|
S
|
S
|
S
|
S
|
|
|
|
Y
|
Y
|
|
Golf driving range
|
|
S
|
|
|
|
|
|
|
|
|
S
|
Y
|
S
|
|
Greenhouse, commercial
|
23.2.16A [23.2.16]
|
Y
|
S
|
|
|
|
|
|
|
S
|
Y
|
Y
|
Y
|
|
Greenhouse or plant nursery, noncommercial
|
23.2.16B [23.2.17]
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
|
|
S
|
Y
|
Y
|
Y
|
|
Health club; gymnasium
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
|
|
Hospital (chronic care); long-term health care fac.
|
23.2.17 [23.2.18]
|
|
|
|
|
|
S
|
|
|
Y
|
Y
|
Y
|
S
|
|
Hospital (acute care)
|
23.2.18
|
|
|
|
|
|
S
|
|
|
S
|
Y
|
Y
|
S
|
|
Household care facility
|
23.2.19
|
|
|
|
|
|
Y
|
S
|
|
|
|
|
|
|
Household care institution
|
23.2.20 [sic]
|
|
|
|
|
|
Y
|
|
|
|
|
|
|
|
Kennel (no outside pens)
|
23.2.21 [23.2.20]
|
S
|
|
|
|
|
|
|
|
S
|
S
|
Y
|
Y
|
|
Kennel (outside pens)
|
23.2.21 [23.2.20]
|
S
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
Library
|
23.2.22 [23.2.21]
|
|
S
|
S
|
S
|
S
|
S
|
|
|
Y
|
Y
|
Y
|
|
|
Museum or art gallery
|
23.2.23 [23.2.22]
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
Nursery school, kindergarten
|
23.2.24 [23.2.23]
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
Y
|
|
|
|
Park, playg’d, or rec center (public)
|
23.2.26 [23.2.25]
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Park, playg’d, or rec center (private)
|
23.2.27 [23.2.26]
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
|
|
|
|
Personal care home (custodial care)
|
23.2.28 [23.2.27]
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
|
|
|
|
Prison, jail, place of incarceration
|
|
S
|
|
|
|
|
|
|
|
S
|
S
|
S
|
S
|
|
Racetrack
|
23.2.30 [23.2.29]
|
S
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Registered family home
|
23.2.31 [23.2.30]
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
|
|
Rehabilitation care facility
|
23.2.32 [23.2.31]
|
S
|
|
|
|
|
|
|
|
|
|
S
|
S
|
|
Rehabilitation care institution
|
23.2.33 [23.2.32]
|
S
|
|
|
|
|
|
|
|
|
S
|
S
|
S
|
|
Rest home or nursing home
|
23.2.34 [23.2.33]
|
S
|
S
|
S
|
S
|
S
|
S
|
|
|
S
|
Y
|
|
|
|
Rodeo arena and grounds
|
|
S
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
|
School, private (prim. and/or second.)
|
23.2.35 [23.2.34]
|
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Y
|
Y
|
S
|
|
|
School, trade or commercial
|
23.2.37 [23.2.36]
|
S
|
|
|
|
|
|
|
|
S
|
S
|
Y
|
Y
|
|
Shooting range, target range
|
|
S
|
|
|
|
|
|
|
|
|
|
S
|
S
|
|
Stable, commercial
|
23.2.38a [23.2.37a]
|
Y
|
|
|
|
|
|
|
|
|
|
|
S
|
|
Stable, private
|
23.2.38b [23.2.37b]
|
Y
|
S
|
|
|
|
|
|
|
|
|
|
|
|
Stadium or playfield, public
|
23.2.39 [23.2.38]
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
Y
|
S
|
|
|
|
Swimming pool, commercial (1)
|
23.2.40 [23.2.39]
|
|
|
S
|
S
|
S
|
Y
|
|
|
S
|
Y
|
S
|
S
|
|
Swimming pool, private
|
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
S
|
S
|
S
|
S
|
|
SCHEDULE OF USES - TABLE 3
| |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
TRANSPORTATION, UTILITY, AND COMMUNICATIONS USES
| |||||||||||||
|
Type of Use
|
Note*
|
A
|
SF-E
|
SF-1
|
SF-2
|
TF
|
MF
|
MH-1
|
MH-2
|
C-1
|
C-2
|
M-1
|
M-2
|
|
Airport, landing field
|
23.3.1
|
S
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
Electric power generating plant
|
|
S
|
|
|
|
|
|
|
|
|
S
|
S
|
Y
|
|
Electrical substation
|
23.3.2
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
Y
|
Y
|
Y
|
Y
|
|
Electrical transmission line
|
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Gas metering station
|
23.3.3
|
Y
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
Y
|
|
Gas transmission line
|
|
+
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Heliport or helistop
|
23.3.4
|
S
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
Y
|
|
Landfill
|
|
S
|
|
|
|
|
|
|
|
|
|
|
|
|
Liquefied petroleum gas, storage & sales (no bulk plants)
|
|
S
|
|
|
|
|
|
|
|
|
|
|
|
|
Local utility distribution lines
|
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Public or private franchised utility (1)
|
23.3.5
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
Y
|
Y
|
Y
|
|
Radio, TV, or microwave oper, amateur (2)
|
23.3.6 [23.3.5]
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
++
|
Y
|
Y
|
Y
|
|
Radio, TV, or microwave oper., commer. (2)
|
23.3.7 [23.3.6]
|
S
|
|
|
|
|
|
|
|
++
|
Y
|
Y
|
Y
|
|
Railroad station
|
23.3.8 [23.3.7]
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
|
Railroad team track & right-of-way
|
23.3.9 [23.3.8]
|
Y
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
|
Railroad track and right-of-way
|
23.3.10 [23.3.9]
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Service yards of government agency
|
23.3.11 [23.3.10]
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
Y
|
Y
|
|
Sewage pumping station
|
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Sewage treatment plant
|
|
S
|
|
|
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Shops, office and/or storage area of public or private utility
|
23.3.12 [23.3.11]
|
S
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
|
Solid waste transfer station
|
23.3.13 [23.3.12]
|
S
|
|
|
|
|
|
|
|
|
S
|
S
|
Y
|
|
Telephone exchange
|
23.3.14 [23.3.13]
|
+
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
Y
|
|
Telephone line
|
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Transit station or turnaround
|
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Water pumping station or well
|
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
|
Water storage, elevated
|
|
Y
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
Y
|
Y
|
Y
|
|
Water storage, ground
|
|
Y
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
Y
|
Y
|
Y
|
Y
|
|
Water treatment plant
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
Y
|
Y
|
Y
|
|
SCHEDULE OF USES - TABLE 4
| |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
AUTOMOBILE AND RELATED SERVICE USES
| |||||||||||||
|
Type of Use
|
Note*
|
A
|
SF-E
|
SF-1
|
SF-2
|
TF
|
MF
|
MH-1
|
MH-2
|
C-1
|
C-2
|
M-1
|
M-2
|
|
Auto laundry
|
23.4.1
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
|
Auto leasing
|
23.4.2
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
|
|
Auto paint and body shop
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Auto parts sales (inside)
|
23.4.3
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
|
|
Auto parts sales (outside)
|
23.4.4
|
|
|
|
|
|
|
|
|
|
|
Y
|
S
|
|
Auto repair, major
|
23.4.5
|
|
|
|
|
|
|
|
|
|
|
Y
|
S
|
|
Auto repair, minor
|
23.4.6
|
|
|
|
|
|
|
|
|
S
|
Y
|
S
|
S
|
|
Automobile and trailer sales area, new
|
23.4.7
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
Y
|
|
Automobile and trailer sales area, used
|
23.4.8
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
Y
|
|
Automobile service station
|
23.4.9
|
|
|
|
|
|
|
|
|
+
|
Y
|
S
|
S
|
|
Auto storage
|
23.4.10
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Auto wrecking yard or junkyard
|
23.4.11
|
|
|
|
|
|
|
|
|
|
|
S
|
S
|
|
Bus terminal
|
23.4.12
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
Carwash
|
23.4.13
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
|
Motorcycle sales and service
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
|
Parking lot or parking garage, automobile
|
23.4.14
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
Y
|
|
Parking lot or parking garage, truck
|
23.4.15
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Quick oil change facility
|
23.4.16
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
Quick tune-up facility
|
23.4.17
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
Tire dealer (no outside storage)
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
S
|
|
Tire dealer (with outside storage)
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
S
|
|
Tire retreading and recapping
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
Truck and bus leasing
|
23.4.18
|
|
|
|
|
|
|
|
|
|
S
|
S
|
S
|
|
Truck and bus repair
|
23.4.19
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Truck or motor freight terminal
|
23.4.20
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
Truck sales
|
23.4.21
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
|
SCHEDULE OF USES - TABLE 5
| |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
OFFICE, RETAIL, COMMERCIAL, AND SERVICE TYPE USES
| |||||||||||||
|
Type of Use
|
Note*
|
A
|
SF-E
|
SF-1
|
SF-2
|
TF
|
MF
|
MH-1
|
MH-2
|
C-1
|
C-2
|
M-1
|
M-2
|
|
Air conditioning & refrigeration contractor
|
23.5.1
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
Amusement, commercial (indoor)
|
23.5.2a
|
|
|
|
|
|
|
|
|
S
|
S
|
Y
|
Y
|
|
Amusement, commercial (outdoor)
|
23.5.2b
|
|
|
|
|
|
|
|
|
|
|
Y
|
S
|
|
Antique shop
|
23.5.3
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
|
Arcade
|
23.5.4
|
|
|
|
|
|
|
|
|
S
|
S
|
S
|
S
|
|
Arts, crafts store (inside sales)
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
|
Arts, crafts store (outside sales)
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
Bakery and confectionery, retail sales
|
23.5.5a
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
|
Bakery and confectionery, commercial sales
|
23.5.5b
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Bank, savings and loan, credit union
|
23.5.6
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
|
Boat sales and storage
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
Barbershop
|
23.5.7a
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
|
Barber school or college
|
23.5.7b
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
|
|
Beauty culture school, cosmetology spec. shop
|
23.5.7c
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
|
|
Beauty shop
|
23.5.7d
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
|
Bowling alley
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
|
|
Bldg. materials hardware (inside storage)
|
23.5.8
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
S
|
|
Bldg. materials hardware (outside storage)
|
23.5.8
|
|
|
|
|
|
|
|
|
S
|
S
|
Y
|
Y
|
|
Business service
|
23.5.9
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
Y
|
|
Cabinet and upholstery shop
|
23.5.10
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
Cleaning and dyeing, small shop
|
23.5.11
|
|
|
|
|
|
|
|
|
S
|
S
|
Y
|
Y
|
|
Clinic, medical or dental
|
23.5.12
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
|
Convenience store
|
23.5.13
|
|
|
|
|
|
|
|
|
Y
|
Y
|
S
|
|
|
Custom personal service shop
|
23.5.14
|
|
|
|
|
|
|
|
|
Y
|
Y
|
S
|
|
|
Discount, variety, or department store
|
23.5.15
|
|
|
|
|
|
|
|
|
+
|
Y
|
S
|
|
|
Drapery, needlework, or weaving shop
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
|
|
Engine or motor repair
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
|
Farm equipment, sales & service
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
|
Feed and farm supply (inside sales/storage)
|
23.5.16
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
|
Feed and farm supply (outside sales/storage)
|
23.5.16
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
|
Flea market
|
23.5.17
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
Florist
|
23.5.18
|
|
|
|
|
|
|
|
|
Y
|
Y
|
S
|
|
|
Food store; grocery store
|
23.5.19
|
|
|
|
|
|
|
|
|
++
|
Y
|
|
|
|
Furniture, appliance store
|
23.5.20
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
|
Garden center (retail store)
|
23.5.21
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
|
General merchandise store
|
23.5.22
|
|
|
|
|
|
|
|
|
|
Y
|
|
|
|
Gymnastic or dance studio
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
S
|
|
|
Handcraft shop
|
|
|
|
|
|
|
|
|
|
|
Y
|
S
|
|
|
Heavy machinery sales
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
Hotel, motel, motor hotel, or motor lodge
|
23.1.10
|
|
|
|
|
|
|
|
|
|
Y
|
|
|
|
Household appliance service and repair
|
23.5.23
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
|
Laboratory, medical or dental
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
S
|
|
|
Laboratory, scientific or research
|
23.5.24
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Laundry and cleaning, self-service
|
23.5.25
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
Y
|
|
Laundry and cleaning, commercial
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
|
Metal dealer, secondhand
|
23.5.26a
|
|
|
|
|
|
|
|
|
|
Y
|
S
|
|
|
Metal dealer, crafted precious
|
23.5.26b
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Miscellaneous retail stores
|
23.5.27 [sic]
|
|
|
|
|
|
|
|
|
S
|
S
|
|
|
|
Mortuary or funeral home
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
|
Motel (see Hotel ... above)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Office center
|
23.5.28
|
|
|
|
|
|
|
|
|
S
|
S
|
|
|
|
Office, prof. or general administrative
|
23.5.29
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
|
Office - showroom/warehouse
|
23.5.30
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
Y
|
|
Pawnshop
|
23.5.31
|
|
|
|
|
|
|
|
|
|
Y
|
S
|
|
|
Personal service shop
|
23.5.32
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
|
Pet shop
|
23.5.33
|
|
|
|
|
|
|
|
|
S
|
Y
|
|
|
|
Medical supplies, sales & service
|
|
|
|
|
|
|
|
|
|
S
|
S
|
Y
|
|
|
Newspaper printing
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
Pharmacy
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
|
Plumbing, heating, refrig. or air cond. bus.
|
23.5.34
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
S
|
|
Plumbing service
|
23.5.35
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
Portable building sales
|
23.5.36
|
|
|
|
|
|
|
|
|
|
|
Y
|
S
|
|
Post office, government or private
|
23.5.37
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
Y
|
|
Print shop
|
23.5.38
|
|
|
|
|
|
|
|
|
S
|
S
|
Y
|
Y
|
|
Racquetball facilities
|
23.5.39
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
|
Restaurant or cafeteria, with drive-in or drive-through service
|
23.5.40a [sic]
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
|
|
Restaurant or cafeteria, without drive-in or drive-through service
|
23.5.40b [sic]
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
|
|
Restaurant, with drive-in service
|
23.5.40c [sic]
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
|
|
Restaurant, with drive-through service
|
23.5.40d [sic]
|
|
|
|
|
|
|
|
|
Y
|
Y
|
Y
|
|
|
Retail shops and stores other than listed
|
23.5.41 [23.5.40]
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
|
Secondhand store, furniture/clothing
|
23.5.42 [23.5.41]
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
|
Service, retail
|
23.5.43 [23.5.42]
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
|
Shopping center
|
23.5.44 [23.5.43]
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
S
|
|
Storage, repair of furn. & appl. (inside)
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
S
|
|
Storage, repair of furn. & appl. (outside)
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
|
Studio (photographer, musician, artist)
|
|
|
|
|
|
|
|
|
|
|
Y
|
S
|
|
|
Studio for radio and television
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
|
Tanning salon
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
S
|
|
|
Taxidermist
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
S
|
|
|
Theater (indoor)
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
S
|
|
Theater (outdoor)
|
23.5.45 [23.5.44]
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
S
|
|
Tool rental shop
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Trailer, manufactured housing or mobile home display and sales
|
23.5.46 [23.5.45]
|
|
|
|
|
|
|
|
S
|
|
S
|
Y
|
S
|
|
Trailer rental
|
23.5.47 [23.5.46]
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
S
|
|
Veterinarian clinic (no outside pens)
|
|
|
|
|
|
|
|
|
|
S
|
S
|
Y
|
S
|
|
Veterinarian clinic (outside pens)
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
S
|
|
Washateria
|
23.5.48 [23.5.47]
|
|
|
|
|
|
|
|
|
S
|
Y
|
S
|
|
|
SCHEDULE OF USES - TABLE 6
| |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
MANUFACTURING, STORAGE, AND WAREHOUSING USES
| |||||||||||||
|
Type of Use
|
Note *
|
A
|
SF-E
|
SF-1
|
SF-2
|
TF
|
MF
|
MH-1
|
MH-2
|
C-1
|
C-2
|
M-1
|
M-2
|
|
Acetylene gas manufacture or storage
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Acid manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Advertising displays manufacture
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Alcohol manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Ammonia, bleach or chlorine manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Apparel and other products assembled from finished textiles
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Arsenal
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Asphalt manufacture or refining
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Bag cleaning
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Blast furnace
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Boats, building or repair
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Boiler works
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Bookbinding, except hand binding
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Bottling works
|
23.6.1
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Brick, tile, pottery or terra cotta manufacture, other than
hand craft
|
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
|
Brooms or brushes, manufacture
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Building materials (inside storage)
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Building materials (outside storage)
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Cameras or other photographic equipment
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Candle manufacture
|
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
|
Carpet manufacture or cleaning
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Celluloid manufacture or treatment
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Cement, lime, gypsum or plaster of paris manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Ceramics, stone, glass, marble or porcelain products manufacture
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Chemical manufacturing
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
Cleaning and dyeing; dry cleaning plant
|
23.6.2
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Coal, coke, or wood yard
|
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
|
Concrete, asphalt batching plant (perm.)
|
|
|
|
|
|
|
|
|
|
|
|
S
|
S
|
|
Concrete, asphalt batching plant (temp.)
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Contractor’s shop and storage yard
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Cosmetic manufacture
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Cotton gin
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
Cottonseed oil manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Creosote treatment
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
Dairy products processing, manufacturing
|
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
|
Disinfectant manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Distillation of bones, coal or wood
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Drugs or pharmaceutical products manufacture
|
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
|
Dyestuff manufacture
|
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
|
Electrical appliances, supplies, and machinery, assembly or
manufacture
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Electronic products, assembly
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Electronic products, manufacturing
|
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
|
Emery cloth and sandpaper manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Explosive or fireworks manufacture or storage
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
Farm supply, feed, seed, fertilizer sales (inside)
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
Farm supply, feed, seed, fertilizer sales (outside)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Fat rendering
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Fertilizer manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
Fiberglass manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
Fish smoking and curing
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Food products processing
|
|
|
|
|
|
|
|
|
|
|
S
|
S
|
Y
|
|
Forge plant
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Foundry (iron, steel, brass or copper)
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Fur good manufacture (not including tanning or dyeing)
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Furniture and upholstery manufacture
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Garbage, offal or dead animal reduction
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
Gas manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
General commercial plant
|
23.6.3
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
General manufacturing
|
23.6.4
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Glass products
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Glue or gelatin manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Grain elevator
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
Hatchery
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
|
Herbicide manufacture
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
|
Household appliance products assembly & manufacture from
prefabricated parts
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Ice production, dry or natural
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Industrial park
|
21.6.5 [23.6.5]
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Insect poison manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
Junk or salvage yard
|
21.6.6 [23.6.6]
|
|
|
|
|
|
|
|
|
|
|
S
|
S
|
|
Jute, hemp, sisal or oakum products manufacture
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Laundry plant
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Light manufacturing
|
21.6.7 [23.6.7]
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Livestock feed yards
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
Mattress manufacture or renovation
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Meat processing/locker plant/frozen food products
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Metal fabrication
|
|
|
|
|
|
|
|
|
|
|
|
+
|
Y
|
|
Mill (grain, flour, food products)
|
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
|
Oilfield service
|
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
Oil, gas, other mineral extraction
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Oilcloth or linoleum manufacture
|
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
|
Ore reduction
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Orthopedic or medical appliance manufacture
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Paint, oil, shellac, turpentine or varnish manufacture
|
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
|
Paper products manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Petroleum products, sales (wholesale)
|
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
|
Petroleum products, bulk quantities
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Pipe sales and supply
|
|
|
|
|
|
|
|
|
|
|
S
|
S
|
Y
|
|
Plastic products manufacture (not including processing of raw
material)
|
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
|
Pump sales, repair and maintenance
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
Scrap metal sales and storage
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
|
Self-storage; mini-warehouse
|
23.6.8
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
Sporting and athletic equipment manufacture
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Steel fabrication
|
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
|
Storage/wholesale warehouse, light
|
23.6.9
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
Y
|
|
Storage/wholesale warehouse, heavy
|
23.6.10
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
|
Tire recapping, vulcanizing
|
|
|
|
|
|
|
|
|
|
|
|
S
|
Y
|
|
Tools or hardware manufacture
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Toys and novelty products manufacture
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Window shade, awnings, Venetian blind manufacture
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
Y
|
|
Wrecking yard (junk or salvage yard)
|
23.6.6
|
|
|
|
|
|
|
|
|
|
|
|
S
|
|
Yeast manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
Y
|
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11)
[1]
Editor’s note–In Ord. A-358, the “Note” column in the tables in section 22 contained a parenthetical number identifying the page number of the description/definition for that use. Those numbers have been deleted. Also, as printed herein, tables 2A and 2B have been combined as table 2, tables 5A, 5B and 5C have been combined as table 5, and tables 6A, 6B, 6C and 6D have been combined as table 6.
23.1
Residential
Users
23.1.1
Boarding or Rooming House:
A building, other than hotel
or multiple-family dwelling, where lodging is provided to persons
for compensation, and where facilities for food preparation are not
provided in individual rooms. Facilities usually referred to as “bed
and breakfast” arrangements are included in this definition.
23.1.2
Dormitory:
A building in which housing is provided for
individual students under the general supervision or regulation of
an accredited college or university and as distinguished from an apartment,
hotel, motel, or rooming house. A dormitory may provide apartment
units for guests, faculty, or supervisory personnel on a ratio not
to exceed one (1) such apartment unit for each fifty (50) students
for which the building is designed. Individual rooms or suites of
rooms may have cooking facilities. The dormitory may include facilities
such as a commissary and/or snack bar, lounge, and study area, dining
halls, and accessory kitchen, recreation facilities, and laundry,
provided that these facilities are for the benefit and use of the
occupants and their guests and not open to the general public.
23.1.3
Duplex.
See Two-Family Dwelling, Sec. 23.1.20.
23.1.4
Garden (Patio) Home:
A freestanding, detached structure used for residential purposes, built in accordance with standards set out in Section 24.5.
23.1.5
Guest House:
Living quarters within a detached accessory
building located on the same premises with the main building, for
use by temporary guests of the occupants of the premises, such quarters
having kitchen facilities and not rented or otherwise used as a separate
dwelling.
23.1.6
Manufactured Housing, HUD-Code:
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
(1) or more sections, which, in the traveling mode, is eight (8) body
feet or more in width or forty (40) body feet or more in length, or,
when erected on-site, is three hundred twenty (320) or more square
feet, and which is built on a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air
conditioning, and electrical systems. All references in this ordinance
to manufactured housing or manufactured home(s) shall be references
to HUD-Code Manufactured Housing, unless otherwise specified.
23.1.7
Manufactured Home Park:
Any tract of land under single
ownership of not less than one-half (1/2) acres and not more than
ten (10) acres approved for occupancy by manufactured housing and
accessory structures related thereto and designed and operated in
accordance with standards herein set forth or as set forth in any
other ordinance of the City of Newark relating to the location, use,
construction, operation, or maintenance of manufactured housing.
23.1.8
Manufactured Home Subdivision:
A tract of land of not
less than two (2) acres which has been final platted of record in
its entirety in accordance with the subdivision regulations of the
City for occupancy primarily by HUD-Code manufactured housing and
industrialized housing.
23.1.9
Mobile Home:
A structure constructed before June 15
1976, transportable in one or more sections which, in the traveling
mode, is eight (8) body feet or more in width or forty (40) body feet
or more in length, or, when erected on-site, is three hundred twenty
(320) or more square feet, and which is built on a permanent foundation
when connected to the required utilities, and includes the plumbing,
heating, air conditioning, and electrical systems.
23.1.10
Motel, Motor Hotel, or Motor Lodge:
A building or group
of buildings designed for and occupied as a temporary dwelling place,
providing four (4) or more room units for compensation. Units provided
for the customers and where the operation is supervised by a person
or persons in charge at all hours. A motel, motor hotel, or motor
lodge may include restaurants, club rooms, banquet halls, ballrooms
and meeting rooms as accessory uses.
23.1.11
Multiple-Family Residence.
Any building or portion thereof
which is designed, built, rented, leased, or let to be occupied as
three (3) or more dwelling units or apartments or which is occupied
as a home or place of residence by three (3) or more families living
in independent dwelling units.
23.1.12
Residence Hotel.
A multi-dwelling unit extended stay
lodging facility consisting of efficiency units or suites with a complete
kitchen suitable for long-term occupancy. Customary hotel services
such as linen, maid service, telephone, and upkeep of furniture shall
be provided. Meeting room, club house and recreational facilities
intended for the use of residents and their guests are permitted.
This definition shall not include other dwelling units as defined
in this ordinance.
23.1.13
Retirement Housing:
A development
providing dwelling units specifically designed for the needs of ambulatory
or retired persons. The following subsidiary uses shall be permitted
to provide on-site goods and services for residents and their guests,
but are not intended for use by the general public:
a)
cafeteria
and/or dining room
b)
library
c)
game
room
d)
swimming
pool and/or Jacuzzi
e)
exercise
room
f)
arts
and crafts facilities
g)
greenhouse
h)
housekeeping
service
i)
transportation
service
j)
snack
bar with a maximum of 350 square feet per 100 dwelling units
k)
beauty/barber
shop with a maximum of 250 square feet per 100 dwelling units or a
maximum of 450 square feet per 100 dwelling units
l)
convenience
retail shop with maximum of 350 square feet per 100 dwelling units
to provide for sale of food items, non-prescription drugs, small household
items, and gifts.
23.1.14
Servant’s, Caretaker’s, or Guards’ Residence:
An accessory building or portion of an accessory building located
on the same lot or grounds with the main building, containing not
more than one kitchen and at least one bathroom facility and used
as living quarters for a person or person employed on the premises
for not less than fifty percent (50%) of his/her actual working time,
and not otherwise used or designed as a separate place of abode, provided
the living area of such quarters shall not exceed six hundred (600)
square feet.
23.1.15
Single-Family Dwelling Attached:
A dwelling that is
part of a structure containing three (3) or more dwellings, each designed
and constructed for occupancy by one family, with each dwelling unit
attached by a common wall to another with a minimum length of attachment
of twenty (20) feet, in which each dwelling is located on a separate
platted lot.
23.1.16
Single-Family Dwelling, Detached:
A detached building
designed exclusively for occupancy by one (1) family, excluding manufactured
housing and modular homes.
23.1.17
Townhouse or Row Dwelling:
One of a series of not less
than three (3) nor more than ten (10) attached one (1) family dwellings
under common roof with common exterior wall, and separated from one
another by single partition walls without openings from basement to
roof. No townhouse dwelling unit is to be constructed above another
townhouse dwelling unit.
23.1.18
Reserved for future use.
23.1.19
Travel Trailer Park:
Any tract of land under single
ownership, two (2) acres or more, where accommodations are provided
for travel trailer use.
23.1.20
Two-Family Dwelling:
A building designed for occupancy
by two (2) individuals or families living independently of each other
within separate units which have a common wall and are under one (1)
roof.
23.1.21
Zero Lot Line House:
A residence allowed to have little
or no side yard on one side, where the wall on that side has no doors,
windows, or other openings and which otherwise qualifies for a one-hour
fire rating as defined in the building code.
23.2
Educational,
Institutional, and Special Uses
23.2.1
Child Care Center:
An establishment where four (4) or
more children are provided care, training, education, custody, treatment,
or supervision for less than 24 hours a day. The term “day care
center” shall not include overnight lodging, medical treatment,
counseling, or rehabilitative services and does not apply to any school.
(Also see Registered Family Home.)
23.2.2
Church, Rectory, or Place of Worship:
A building for
regular assembly for religious worship which is used primarily for
such purpose and customary accessory activities including a place
of residence for ministers, priests, rabbis, teachers, or directors
on the premises.
23.2.3
Civic Center:
A building or complex of buildings that
houses municipal offices and services and which may include cultural,
convention and/or entertainment facilities owned and/or operated by
a governmental agency.
23.2.4
College or University.
An institution established for
educational purposes offering courses of study beyond the secondary
education level, but excluding trade and commercial schools.
23.2.5
Community Center, Public:
A building or buildings dedicated
to social and/or recreational activities, serving the city or a neighborhood
and owned and operated by the city or by a nonprofit organization
dedicated to promoting the health, safety, morals, or general welfare
of the city.
23.2.6
Community Center, Private:
A building or buildings dedicated
to social and/or recreational activities serving residents of a subdivision
or development which is operated by an association or incorporated
group for their use and benefit.
23.2.7
Continuing Care Facility:
A place as defined in the
Texas Continuing Care Facility Disclosure and Rehabilitation Act in
which a person provides board and lodging, together with personal
care services and nursing services, medical services, or other health-related
services, regardless of whether the services and lodging are provided
at the same location, under an agreement that requires the payment
of a fee and that is effective for the life of the individual or for
a period of more than one (1) year, such individual or individuals
being cared for not being related by consanguinity or affinity to
the person providing the care. (Also see Household Care Facility and
Household Care Institution, and Personal Care Home.)
23.2.8
Country Club (Private):
Land and buildings customarily
containing a golf course and a clubhouse and available only to specific
private membership; such a club may contain adjunct facilities such
as private club, dining room, swimming pool, tennis courts, and similar
recreational or service facilities.
23.2.9
Reserved
for future use.
23.2.10
Exhibition Area:
An area or space either outside or
within a building for the display of topic-specific goods or information.
23.2.11
Fairgrounds:
An area where outdoor fairs, circuses or
exhibitions are held.
23.2.12
Family Home:
A community-based
residential home operated by either the State of Texas, a nonprofit
corporation, a community center organized pursuant to State statute,
or an entity which is certified by the State as a provider for a program
for the mentally retarded. Family homes provide care for persons who
have mental and/or physical impairments that substantially limit one
or more major life activities. To qualify as a family home, a home
must meet the following requirements:
23.2.13
Farm, Ranch, or Orchard:
An area of five (5) acres or
more which is used for growing of usual farms products and/or raising
of usual farm products and animals and including the necessary accessory
uses for raising, treating, and storing products raised on the premises,
but not including the commercial feeding of offal or garbage to swine
or other animals and not including any type of agriculture or husbandry
specifically prohibited by ordinance of law. Farm, ranch, or orchard
use shall not cause a hazard to health by reason of unsanitary conditions
and shall not be offensive by reason of odors, dust, fumes, noise,
or vibrations or be otherwise detrimental to the public welfare.
23.2.14
Fraternal Organization, Lodge, or Civic Club:
An organized
group having a restricted membership and specific purpose related
to the welfare of the members.
23.2.15
Golf Course:
An area of twenty (20) acres or more improved
with trees, greens, fairways, hazards and which may include clubhouses.
23.2.16
Greenhouse or Plant Nursery, Commercial:
A place, often
including artificially heated and/or cooled buildings, where trees
or plants are raised and/or sold including relate[d] storage of equipment
for landscape contracting.
23.2.17
Greenhouse, Noncommercial:
A building, often artificially
heated and/or cooled, used as a location for cultivating plants which
are used by the grower and not sold as a commercial activity.
23.2.18
Hospital (Chronic and Acute Care); Long-Term Health Care Facility:
An institution providing both inpatient health, personal care,
or rehabilitative services over a long period of time to persons chronically
ill, aged, or disabled due to injury and disease or to injured patients
who need medical or surgical treatment intended to restore them to
health and an active life and which is licensed by the State of Texas.
23.2.19
Household Care Facility:
A dwelling unit which provides
residence and care to not more than nine (9) persons, regardless of
legal relationship, who are elderly; disabled; orphaned, abandoned,
abused, or neglected children; victims of domestic violence; or rendered
temporarily homeless due to fire, natural disaster, or financial adversity;
living together with no more than two supervisory personnel as a single
housekeeping unit. (See also Household Care Facility, Personal Care
Home and Continuing Care Facility.)
23.2.20
Kennel:
Any lot or premises on which four (4) or more
dogs, cats or other domestic animals more than four (4) months of
age are housed or accepted for boarding, breeding, training, selling,
grooming and/or bathing for which remuneration is received.
23.2.21
Library:
Any institution for the loan or display of
books, tapes, objects of art or science which is sponsored by a public
or responsible quasi-public agency and which institution is open and
available to the general public.
23.2.22
Museum or Art Gallery:
An institution for the collection,
display and distribution of objects of art or science and which is
sponsored by a public or quasi-public agency and which facility is
open to the general public.
23.2.23
Nursery School; Kindergarten:
A child care facility
offering a program four (4) hours or less per day for children who
have passed their second birthday but who are under seven years old.
23.2.24
Nursing Home:
See Rest Home or Nursing Home.
23.2.25
Park, Playground, or Recreation Center (Public):
An
open recreation facility or park owned and operated by a public agency
and available to the general public.
23.2.26
Park, Playground, or Recreation Center (Private):
A
privately owned park, playground, open space or building dedicated
to recreational activities, maintained by a community club, property
owner’s association, or similar organization.
23.2.27
Personal Care Home (Custodial Care):
An owner-occupied,
home-operated non-licensed facility for the elderly providing custodial
care to not more than three (3) individuals not related to the provider
of such care. Custodial care is that [type] of care which assists
elderly persons who are incapable because of physical or mental limitations
of performing routine daily activities and which do not require the
continuing attention of trained medical or paramedical personnel.
(Also see Continuing Care Facility.)
23.2.28
Reserved for future use.
23.2.29
Racetrack:
A facility used for the racing of motor-driven
vehicles and/or animals.
23.2.30
Registered Family Home:
A child care facility that regularly
provides care in the caretaker’s own residence for not more
than six (6) children under 14 years of age, excluding the caretaker’s
own children, and that provides care after school hours for not more
than six (6) additional elementary school siblings of the other children
given care, but the total number of children, including the caretaker’s
own, does not exceed twelve (12) at any given time. (Also see Child
Care Center.)
23.2.31
Rehabilitation Care Facility:
A dwelling unit which
provides residence and care to not more than four (4) persons, regardless
of legal relationship, who have demonstrated a tendency towards alcoholism,
drug abuse, mental illness or antisocial or criminal conduct living
together with not more than two supervisory personnel as a single
housekeeping unit.
23.2.32
Rehabilitation Care Institution:
A facility which provides
residence and care to five (5) or more persons, regardless of legal
relationship, who have demonstrated a tendency towards alcoholism,
drug abuse, mental illness or antisocial or criminal conduct together
with supervisory personnel.
23.2.33
Rest Home or Nursing Home:
A place of residence or care
for persons suffering from infirmities of age or illness where care
is provided on a prolonged or permanent basis. This term shall include
a convalescent home.
23.2.34
School, Private (Primary or Secondary):
An institution
of learning having a curriculum equivalent to public schools but not
including specialty schools such as dancing, music, beauty, mechanical,
trade, or commercial schools.
23.2.35
School, Public (Primary or Secondary):
An institution
under the sponsorship of a public agency which offers instruction
in the several branches of learning and study required to be taught
in the public schools by the Education Code of the State of Texas
but not including specialty schools such as dancing, music, beauty,
mechanical, trade, or commercial schools.
23.2.36
School, Trade or Commercial: Establishments, other than public or
parochial schools, private primary and secondary schools or colleges,
offering training or instruction on a trade, art, or occupation.
23.2.37a
Stable, Commercial:
A structure housing horses which are boarded or rented to the public
or any stable other than a private stable, but not including a sale
barn, auction or similar trading activity.
23.2.37b
Stable, Private:
An accessory building
set back from adjacent property lines a minimum distance of one hundred
(100) feet and used for quartering horses, not to exceed one (1) horse
per one acre area of a farm or lot. (See Exhibit “C”)
Editor’s note–Exhibit “C”
is not printed herein.
Horses, limited to one (1) full sized per acre and three (3)
miniature per acre with associated shelters to be a minimum 35 feet
from any property line.
23.2.38
Stadium or Playfield, Public:
An athletic field or stadium
owned and operated by a public agency for the general public including
a baseball field, golf course, football field or stadium which may
be lighted for nighttime play.
23.2.39
Swimming Pool, Commercial:
A swimming pool with accessory
facilities, part of the facilities are available to the general public
for a fee.
23.3
Transportation,
Utility and Communications Uses
23.3.1
Airport, Landing Field:
A place where an aircraft can
land and take off, usually equipped with hangars, facilities for refueling
and repair, and various accommodations for passengers and/or freight.
23.3.2
Electrical Substation:
A subsidiary station in which
electric current is transformed.
23.3.3
Gas Metering Station:
Facility at which natural gas
flows are regulated and recorded.
23.3.4
Heliport or Helistop:
A landing facility for rotary
wind [wing] aircraft which may include fueling or servicing facilities
for such craft.
23.3.5
Radio, Television, or Microwave Communications Operators, Amateur:
The transmission, retransmission, or reception of radio, electromagnetic,
or microwave signals for private or personal use and not for the purpose
of operating a business and/or financial gain.
23.3.6
Radio, Television, or Microwave Communications Operations, Commercial:
The transmission, retransmission, or reception of radio, electromagnetic,
or microwave signals primarily for the purpose of operating a business
and/or financial gain.
23.3.7
Railroad Station:
Any premises for the transient parking
of trains and the loading and unloading of passengers.
23.3.8
Railroad Team Track and Right-Of-Way:
A facility/place
for the loading and unloading of materials on trains.
23.3.9
Railroad Track and Right-Of-Way:
Includes track and
undeveloped right-of-way, but does not include railroad stations,
sidings, team tracks, loading facilities, dock yards, or maintenance
areas.
23.3.10
Service Yard of Governmental Agency:
An area for the
servicing and storage of vehicles or other property of a governmental
agency.
23.3.11
Shops, Office, and/or Storage Area of Public or Private Utility:
The pole yard, maintenance yard, and/or administrative offices
of a municipality or franchised utility.
23.3.12
Solid Waste Transfer Station:
A facility and/or premises
at which solid waste is temporarily deposited prior to ultimate removal
to a permanent solid waste storage site.
23.3.13
Telephone Exchange:
A switching or transmitting station
owned by a public utility but not including business offices, storage,
or repair shops or yards.
23.4
Automobile
and Related Service Uses
23.4.1
Auto Laundry:
See Carwash.
23.4.2
Auto Leasing:
Storage and leasing of automobiles, motorcycles,
and light load vehicles.
23.4.3
Auto Parts Sales (Inside):
The use of any building or
other premise for the display and sale of new or used parts for automobiles,
panel trucks, vans, tractor-trailers, or recreational vehicles.
23.4.4
Auto Parts Sales (Outside):
The use of any land area
for the display and sale of new or used parts for automobiles, panel
trucks, vans, tractor-trailers, or recreation vehicles.
23.4.5
Automobile Repair, Major:
General repair or reconditioning
of engines and air conditioning systems for motor vehicles; wrecker
service; collision services including body, frame or fender straightening
or repair; customizing; overall painting or paint shop; vehicle steam
cleaning; those uses listed under “automobile repair, minor,”
and other similar uses.
23.4.6
Automobile Repair, Minor:
Minor repair or replacement
of parts, tires, tubes, and batteries; diagnostic services; minor
motor services such as grease, oil, spark plug, and filter changing;
tune-ups; emergency road service; replacement of starters, alternators,
hoses, brake parts; automobile washing and polishing; performing state
inspections and making minor repairs necessary to pass said inspection;
normal servicing of air conditioning systems, and other similar minor
services for light load vehicles, but not including any operation
named under “automobile repair, major” or any other similar
use.
23.4.7
Automobile and Trailer Sales, New:
Building(s) and associated
open area other than a street or required automobile parking space
used for the display or sale of primarily new automobiles, light trucks,
and trailers, to be displayed and sold on-premises, and where no repair
work is done except minor reconditioning of the automobiles and trailers
to be displayed and sold on the premises, and no dismantling of automobiles
or trailers for sale or keeping of used automobile and trailer parts
or junk on the premises.
23.4.8
Automobile and Trailer Sales, Used:
Building(s) and
associated open area other than a street or required automobile parking
space used for the display and sale of used automobiles, light trucks,
or trailers in operating condition and where no repair work is done
except the minor adjustments of the vehicles to be displayed or sold
on the premises. A used car sale area shall not be used for the storage
of wrecked automobiles or the dismantling of automobiles or the storage
of automobile parts or junk on the premises.
23.4.9
Automobile Service Station:
A building or place arranged,
designed, used, or intended to be used for the primary purpose of
dispensing gasoline, oil, diesel fuel, liquefied petroleum gases,
greases, batteries, and other automobile accessories at retail direct
to the on-premise motor vehicle trade provided that the above services
shall not be construed to include major overhaul, the removal and/or
rebuilding of an engine, cylinder head, oil pan, transmission, differential,
radiator springs, or axles; steam cleaning, body or frame work, painting,
upholstering and replacement of glass. If the dispensing or offering
for sale of auto fuel at retail is incidental, the premises shall
be classified as a public garage. Service stations shall not allow
automobiles which are inoperative or are being repaired to remain
outside such service station for a period greater than seven (7) days.
23.4.10
Auto Storage:
The storage on a lot or tract of operable
automobiles for the purpose of holding such vehicles for sale, distribution,
or storage.
23.4.11
Automobile Wrecking Yard of [or] Junkyard:
Any building,
structure, or open area used for the dismantling or wrecking of any
type of used vehicles or the storage, sale, or dumping of dismounted
or wrecked vehicles or their parts and accessories, including any
farm vehicles or farm machinery or parts thereof, stored in the open
and not being restored to operating condition, including the commercial
salvaging, storage, and scraping of any other goods, articles, or
merchandise.
23.4.12
Bus Terminal:
Any premises for the transient housing
or parking of motor-driven buses and the loading and unloading of
passengers.
23.4.13
Carwash:
Facility or structure used to wash motorcycles,
automobiles, vehicles and trucks.
23.4.14
Parking Lot or Parking Garage, Automobile:
Area for
parking light load vehicles.
23.4.15
Parking Lot or Parking Garage, Truck:
Area for parking
heavy load vehicles.
23.4.16
Quick Oil Change Facility:
A business engaging in the
changing of oil, oil filters, and the chassis lubrication of motor
vehicles. All new oil shall be dispensed from drums and all old oil
shall be kept in sumps until removed by pumper trucks.
23.4.17
Quick Tune-up Facility:
A business engaging in engine
adjustment and minor part replacement for motor vehicles, limited
to spark plugs, condensers, spark plug wires, distributor caps, distributor
points, PVC valves, air cleaners, fan belts and radiator hoses. Such
a facility shall not repair or replace carburetors, starters, alternators,
generators, radiators, water pumps, or other major engine parts, brake
shoes, or mufflers.
23.4.18
Truck and Bus Leasing:
The rental of new or used panel
trucks, vans, trailers, recreational vehicles, or motor-driven buses
in operable condition and where no repair work is done.
23.4.19
Truck and Bus Repair:
An establishment providing major
and minor automobile repair services to heavy load vehicles.
23.4.20
Truck or Motor Freight Terminal:
A building or area
in which freight brought by motor truck is assembled and/or stored
for shipping by motor truck.
23.4.21
Truck Sales:
Building(s) and associated open area other
than a street or required automobile parking space used for the display
or sale of primarily new heavy load vehicles, to be displayed and
sold on-premises, and where no repair work is done except minor reconditioning
of the vehicles to be displayed and sold on the premises, and no dismantling
of vehicles for sale or keeping of used vehicle parts or junk on the
premises.
23.5
Retail
and Service Type Uses
23.5.1
Air Conditioning and Refrigeration Contractor:
A place
from which a person performs design, installation, construction, maintenance,
service, repair, alteration or modification of a product or of equipment
in environmental air conditioning, commercial refrigeration, or process
cooling or heating systems, under terms and conditions described in
the Texas Air Conditioning and Refrigeration Contractor License Law,
Vernon’s Ann. Civ. St., art. 8861.
23.5.2a
Amusement, Commercial (Indoor):
An establishment providing for activities, services and instruction
for the entertainment, exercise and improvement of fitness and health
of customers, clients or members but not including hospitals, clinics,
massage parlors or arcades. Uses would typically include bowling alleys,
ice or roller skating rinks, racquetball and handball courts, indoor
tennis courts, weight lifting and nautilus facilities, exercise areas,
swimming pools and spas, bingo parlors, martial arts, classrooms and/or
practice areas, gymnasiums and indoor running or jogging tracks.
23.5.2b
Amusement, Commercial (Outdoor):
An outdoor area
or structure, open to the public, which provides entertainment or
amusement for a fee or admission charge, including but not limited
to batting cages, miniature golf, go-kart tracks and carnivals.
23.5.3
Antique Shop:
A retail establishment engaged in the
selling of works of art, furniture or other artifacts of an earlier
period, with all sale and storage occurring inside a building.
23.5.4
Arcade:
An establishment in which there are located
six (6) or more coin-operated skill or pleasure machines.
23.5.5a
Bakery and Confectionery, Retail
Sales:
A place for preparing, cooking, baking and selling
of products on the premises.
23.5.5b
Bakery and Confectionery, Commercial:
A place
for preparing, cooking or baking of products primarily intended for
off-premise distribution.
23.5.6
Bank, Savings and Loan, Credit Union:
An establishment
for the custody, loan, exchange or issue of money, the extension of
credit, and/or facilitating the transmission of funds.
23.5.7a
Barbershop:
A place
where barbering, as defined in Texas Barber Act, Vernon’s Annotated
Civil Statutes (Vernon’s Ann. Civ. St.), art. 8407, is practiced,
offered, or attempted to be practiced, except when such place is duly
licensed as a barber school or college.
23.5.7b
Barber School or College:
A place of training for practice of barbering, as defined in Texas Barber Act, Vernon’s Ann. Civ. St., art. 8407, meeting standards established in Section 9 of said Texas Barber Act.
23.5.7c
Beauty Culture School; Cosmetology Specialty Shop:
A specialized place of training, as defined in the Cosmetology Regulatory
Act, Vernon’s Ann. Civ. St., art. 8451.
23.5.7d
Beauty Shop:
A place where cosmetology, as defined
in the Cosmetology Regulatory Act, Vernon’s Ann. Civ. St., art.
8451, is practiced.
23.5.8
Building Materials, Hardware Sales:
The sale of new
building materials and supplied indoors with related sales for hardware,
carpet, plants, electrical and plumbing supplies all of which are
oriented to the retail customer, rather than contractor or wholesale
customer.
23.5.9
Business Service.
Establishments primarily engaged in
providing services not elsewhere classified to business enterprises
on a fee contract basis including but not limited to advertising agencies,
computer programming and software services, and office equipment rental
or leasing.
23.5.10
Cabinet and Upholstering Shop:
An establishment used
for the production, display and sale of furniture and soft coverings
for furniture.
23.5.11
Cleaning and Dyeing, Small Plant or Shop:
A custom cleaning
shop not exceeding five thousand (5,000) square feet of floor area
or a pickup station. (Also see Cleaning and Dyeing; Dry Cleaning Plant.)
23.5.12
Clinic, Medical or Dental:
A facility or station designed
and used for the examination and treatment of persons seeking medical
care as outpatients who do not remain on the premises overnight.
23.5.13
Convenience Store:
A retail establishment providing
for the sale of food items, nonprescription drugs, small household
items, and gifts. Gasoline and diesel fuel may be offered for sale
provided they are not the primary source of income for the store and
that no more than six (6) pumps are offered. Maximum size of the establishment
will be no more than 2,500 square feet not including storage areas
and administrative offices.
23.5.14
Custom Personal Service Shop:
Includes such uses as
tailor, shoe repair, barber/beauty shop, health studio, or travel
consultant.
23.5.15
Discount, Variety, or Department Store:
A retail store
offering a wide variety of merchandise in departments and exceeding
7,000 square feet of floor area.
23.5.16
Feed and Farm Supply Store:
An establishment for the
selling of foodstuffs for animals and including implements and goods
related to agricultural processes but not including farm machinery.
23.5.17
Flea Market:
A site where space inside or outside a
building is rented to vendors on a short-term basis for the sale of
merchandise. The principal sales shall include new and used household
goods[,] personal effects, tools, artwork, small household appliances,
and similar merchandise, objects or equipment in small quantities.
The term flea market shall not be deemed to include wholesale sales
establishments or rental services establishments, but shall be deemed
to include personal services establishments, food services establishments,
retail sales establishments, and auction establishments.
23.5.18
Florist:
An establishment displaying plants, flowers,
floral supplies, and similar items.
23.5.19
Food Store, Grocery Store:
An establishment that displays
and sells consumable goods that are not to be eaten on the premises.
23.5.20
Furniture, Appliance Store:
Retail stores selling goods
used for furnishing the home, including but not limited to furniture,
floor coverings, draperies, glass and chinaware, domestic stoves,
refrigerators and other household electrical and gas appliances.
23.5.21
Garden Center (Retail Sales):
Location including land
and buildings at which plants, trees, shrubs, horticultural supplies,
and similar items are displayed for sale to the general public. All
such displays shall be located behind the front yard line established
in the district in which the garden center is located.
23.5.22
General Merchandise Store:
Retail stores which sell
a number of lines of merchandise including but not limited to dry
goods apparel and accessories, furniture and home furnishings, small
wares, hardware, and food. The stores included in this group are known
as department stores, variety stores, general stores, and other similar
stores.
23.5.23
Household Appliance Service and Repair:
The maintenance
and rehabilitation of appliances customarily used in the home including
but not limited to washing and drying machines, refrigerators, dishwashers,
trash compactors, ovens and ranges, kitchen appliances, vacuum cleaners,
and hair dryers.
23.5.24
Laboratory, Scientific or Research:
Facilities for research
including laboratories, experimental equipment, and operations involving
compounding or testing of materials or equipment.
23.5.25
Laundry and Cleaning Self-Service:
An establishment
including facilities for laundering and cleaning of clothing and similar
items to be operated by the patron; not a commercial laundry or cleaning
plant.
23.5.26a
Metal Dealer,
Secondhand:
A place of business in which a person purchases, gathers, collects,
solicits or procures scrap metal or where scrap metal is gathered
together or kept for shipment, sale, or transfer, under terms and
conditions found in Vernon’s Ann. Civ. St., art. 9009. (Also
see Junk or Salvage Yard.)
23.5.26b
Metal Dealer, Crafted Precious:
A place
of business in which a person engages in the business of purchasing
and selling crafted precious metals, including jewelry, silverware,
art objects, or any other thing or object made in whole or in part
from gold, silver, platinum, palladium, iridium, rhodium, osmium,
ruthenium, or their alloys, including coins and commemorative medallions,
under terms and conditions found in Vernon’s Ann. Civ. St.,
art. 990a.
23.5.27
Ornamental Metal Shop:
An establishment where ornamental or light architectural metal fabrication is conducted. Outside storage is prohibited except for temporary storage of primarily finished product or goods intended for packaging and/or shipment. Temporary outside storage of any type shall not exceed 60 days. Any outside storage must be completely screened from public view in accordance with this ordinance and screening shall be aesthetically consistent with buildings in the area. Fencing and/or screening shall be aesthetically consistent with buildings in the area. Fencing and/or screening shall not exceed eight (8) feet in height and must be equally finished on both sides and maintained in good condition. Any metal fencing shall be approved in writing by the Newark City Council prior to installation. All off-street loading shall be in accordance with section 26 of this ordinance and shall not impede or restrict access to any other business. Activities conducted shall not disseminate dust, fumes, gas, noxious odor, smoke, glare or other atmospheric influence. Noise generated shall not exceed in intensity at the boundary of the property, the average intensity of noise or street traffic.
23.5.28
Office Center.
A building or complex of buildings used
primarily for conducting the affairs of a business, profession, service,
industry, or government, or like activity that may include ancillary
services for office workers such as a restaurant, coffee shop, newspaper,
or candy stand.
23.5.29
Office, Professional or General Administrative:
A room
or group of rooms used for the provision of executive management,
or administrative services. Typical uses include administrative offices
and services including real estate, insurance, property management,
investment, personnel, travel, secretarial services, telephone answering,
and business offices of public utilities, organizations, and association[s]
but excluding medical offices.
23.5.30
Office - Showroom/Warehouse:
An establishment with a
minimum of seventy-five percent (75%) of its total floor area devoted
to storage and warehousing not accessible to the public. The remaining
area may include retail and wholesale sales areas, sales offices,
and display areas for products sold and distributed from the storage
and warehousing areas.
23.5.31
Pawnshop:
An establishment where money is loaned on
the security of personal property pledged in the keeping of the owner
(pawnbroker).
23.5.32
Personal Service Shop:
An establishment primarily engaged
in providing services generally involving the area of the person or
his apparel including but not limited to barber and beauty shops,
dry cleaning and laundry pickup stations and reducing salons/health
clubs.
23.5.33
Pet Shop or Animal Salon:
A retail establishment offering
small animals, fish, or birds for sale as pets and where all such
creatures are housed within the building.
23.5.34
Plumbing, Heating, Refrigeration, or Air Conditioning Business:
An establishment primarily engaged in the sales, service, or
installation of equipment pertaining to plumbing, heating, refrigeration,
or air conditioning. (Also see Air Conditioning and Refrigeration
Contractor.)
23.5.35
Plumbing Service:
The operation of a business which
involves only retail sales and off-premises service, installation,
and repair of units and fixtures. The premises shall not include a
workshop for repair or fabrication of parts, fixtures, or units. Sheetmetal
work of any type shall not be permitted. Storage shall be permitted
for units and supplies incidental to retail sales, off-premises service
and repair only. No outside storage shall be permitted. This section
shall not be interpreted to allow a plumbing, heating, refrigeration,
or air conditioning contractor or similar type wholesale operation.
23.5.36
Portable Building Sales:
An establishment which displays
and sells structures which are capable of being carried and transported
to another location, not including mobile homes or manufactured housing.
23.5.37
Post Office, Government or Private:
Local branch of
the United States Postal Service or private commercial venture engaged
in the distribution of mail and incidental services.
23.5.38
Print Shop:
An establishment which reproduces printed
or photographic impressions including but not limited to the process
of composition, binding, plate-making, microform, type casting, press
work, and printmaking.
23.5.39
Racquetball Facilities:
Courts housed in an acoustically
treated building and designed for one (1) to four (4) persons to play
racquetball, plus subsidiary uses to include office, pro shops, locker
rooms, sauna, exercise rooms, waiting area, child nursery, and related
uses up to a maximum of forty percent (40%) of the total floor area.
23.5.40
Retail Stores and Shops:
Establishments offering all
types of consumer goods for sale, not elsewhere classified, but excluding
the display and sale in the open outside a building of new or used
automobiles, heavy machinery, building materials, used appliances,
furniture, or salvage materials.
23.5.41
Secondhand Store, Furniture or Clothing:
An establishment
offering for sale used merchandise, with the storage and display of
such items wholly contained inside a building or structure.
23.5.42
Service, Retail:
An establishment engaged in the selling
and/or servicing of goods where a minimum of eighty percent (80%)
of the floor area is devoted to service, repair or fabrication of
such goods. The service area must not be accessible to the general
public. Automotive uses and rental stores are specifically excluded.
23.5.43
Shopping Center:
A group of primarily retail and service
commercial establishments planned, constructed and managed as a total
entity with customer and employee parking provided on-site, provision
for goods delivery separated from customer access, provision of aesthetically
appropriate design and protection from the elements.
23.5.44
Theater (Outdoor):
An open lot with its appurtenant
facilities devoted primarily to the showing of motion picture or theatrical
productions on a paid admission basis to patrons seated in automobiles.
23.5.45
Trailer, Manufactured Housing, or Mobile Home Display and Sales:
The offering for sale, storage, or display of trailers, manufactured
housing, or mobile homes on a parcel of land but excluding the use
of such facilities as dwellings either on a temporary or permanent
basis.
23.5.46
Trailer Rental:
The display and offering for rent of
trailers designed to be towed by passenger cars or other prime movers.
23.5.47
Washateria:
A building or place where clothes and linens
are washed and thoroughly dried by the use of not exceeding three
(3) employees and four (4) automatic single-family machines and where
the operation of washing and/or drying and/or mangle machines is done
exclusively by the customer on a self-service basis, and where the
fuel and power for the heating of water and drying shall be smokeless
and odorless. (See Laundry and Cleaning, Self-Service.)
23.6
Manufacturing,
Storage, and Warehousing Uses
23.6.1
Bottling Works:
A manufacturing facility designed to
place a product into a bottle for distribution.
23.6.2
Cleaning and Dyeing: Dry Cleaning Plant:
An industrial facility where fabrics are cleaned and [in] substantially nonaqueous organic solvents. (Also see Cleaning and Dyeing, Small Plant or Shop, Section 23.5.11.)
23.6.3
General Commercial Plant:
An establishment other than
a personal service shop for the treatment and/or processing of products
as a service on a for-profit basis including but not limited to newspaper
printing, laundry plant, or cleaning and dyeing plant.
23.6.4
General Manufacturing:
Manufacturing of finished products
and component products or parts from the transformation, treatment,
or processing of materials or substances, including basic industrial
processing. Such operations must meet the performance standards, bulk
controls, and other requirements in this ordinance.
23.6.5
Industrial Park:
A large tract of land that has been
planned, developed, and operated as an integrated facility for a number
of individual industrial uses, with special attention to circulation,
parking, utility needs, aesthetics, and compatibility.
23.6.6
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 “junkyard” includes
an automobile wrecking yard and automobile parts yard. A “junkyard”
does not include such uses conducted entirely within an enclosed building.
(Also see Metal Dealer, Secondhand)
23.6.7
Light Manufacturing:
Manufacturing of finished products
or parts, predominantly from previously prepared materials, including
fabrication, assembly, and packaging of such products, and incidental
storage, sales, and distribution of such products, but excluding basic
industrial processing.
23.6.8
Self-Storage, Mini-Warehouse:
A facility used for storage
of goods and/or materials with separate access to individual storage
units by persons renting the individual units.
23.6.9
Storage or Wholesale Warehouse, Light:
A building used
primarily for the storage of goods and materials, containing less
than 5,000 square feet of floor space.
23.6.10
Storage or Wholesale Warehouse, Heavy:
A building used
primarily for the storage of goods and materials, containing more
than 5,000 square feet of floor space.
23.7
Accessory
Uses
23.7.1
Accessory Building or Use:
An accessory building or
use is one which: (a) is subordinate to and serves a principal building
or principal use; and (b) is subordinate in area, extent, or purpose
to the principal building or principal use served; and (c) contributes
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 use served.
23.7.2
Carport:
A structure open on a minimum of three (3)
sides designed or used to shelter vehicles, not to exceed thirty-six
(36) feet on its longest dimension.
23.7.3
Construction Yard (Temporary):
A storage yard or assembly yard for building materials and equipment directly related to a construction project and subject to removal at completion of construction and subject to same restrictions as Field Office. (Also see Section 24.2.)
23.7.4
Field or Sales Office (Temporary):
A building or structure, of either permanent or temporary construction, used in connection with a development or construction project for display purposes or for housing temporary supervisory or administrative functions related to development, construction or the sale of real estate properties within the active development or construction project. Permits for “temporary buildings” shall be issued for a period of time not to exceed eighteen (18) months. Extensions may be granted only by the City Council, any such permits granted may be revoked if the City Council finds the use of the building or structure is contrary to the intent of this section or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard. (Also see Section 23.7.3. above.)
23.7.5
Customary Home Occupation:
An occupation, profession, domestic craft, or economic enterprise
which is customarily conducted in a “residential dwelling”
as hereinafter defined, subject to compliance with each of the following
conditions:
a)
“Residential
dwelling” shall mean a detached building designed, used and
occupied exclusively by members of one (1) family as a residence.
b)
Such
use shall be and remain incidental and subordinate to the principal
use of the residential dwelling as a family residence and the area
utilized for such occupation, profession, domestic craft, or economic
enterprise shall never exceed twenty-five percent (25%) of the total
of the floor area of the residential dwelling.
c)
Not
more than one (1) non-illuminated sign advertising the home occupation
shall be allowed; said sign shall be not more than one (1) square
foot in area and shall be mounted on the building in which the home
occupation is being conducted.
d)
The
residential dwelling shall maintain its residential character and
shall not be altered or remodeled in order to create any type of exterior
commercial appeal.
e)
No
exterior storage of material, equipment, and/or supplies used in conjunction
with such occupation, profession, domestic craft, or enterprise shall
be placed, permitted, or allowed on the premises occupied by the residential
dwelling.
f)
No
offensive noise, vibration, smoke, dust, odors, heat, or glare generated
by or associated with the home occupation shall extend beyond the
property line of the lot or tract on which the home occupation is
being conducted.
g)
The
occupation, profession, domestic craft, or enterprise shall be conducted
wholly within the residential dwelling and no accessory building shall
be used in conjunction therewith.
h)
The
only equipment to be used in such occupation, profession, domestic
craft, or enterprise shall be that which is ordinarily used in a private
home in a like amount and kind.
i)
A home
occupation shall not generate such additional traffic as to create
a traffic hazard or disturbance to nearby residents.
23.7.6
Garage, Private:
A detached accessory building or portion
of the main building for the parking or temporary storage of automobiles
of the occupants of the premises; if occupied by vehicles of others,
it is a storage space.
(Ordinance A-358 adopted 7/16/09; Ordinance A-377, adopted 7/21/11)
24.1
Child
Care Centers
24.1.1
No
portion of a child care center site may be located within three hundred
(300) feet of gasoline pumps or underground gasoline storage tanks,
or any other storage area for explosive or highly combustible materials.
24.1.2
Child
care centers shall be located adjacent to a street having a pavement
width of twenty-seven (27) feet or greater.
24.1.3
Site
plan approval by the City Council shall be required for all child
care center sites, whether or not a Specific Use Permit is required.
24.1.4
Child
care centers located within any single-family or two-family residential
district shall be required to plat in multiples of the minimum lot
width of the district classification requirements. The lot depth shall
meet the minimum district requirements and must be platted in a configuration
which can be converted into standard lots for residential development.
24.1.5
All
child care centers shall comply with the following standards:
24.1.5.1
All vehicular entrances and exits shall be clearly visible from the
street.
24.1.5.2
All passenger loading and unloading areas shall be located so as
to avoid safety hazards from vehicular traffic and adequate walkways
shall be provided.
24.1.5.3
Outdoor play areas shall be provided at a rate of 65 square feet
per child based on maximum design capacity of the center. This requirement
may be waived by the City Council if the child care is provided for
less than four (4) hours per day for an individual person.
24.1.5.4
In residential districts, a maximum of one-half of the required outdoor
play space may be provided off-site. When off-premises outdoor play
area is utilized, it must be located within one hundred (100) feet
of the child care facility premises and safely accessible without
crossing, at-grade, any major or secondary thoroughfare.
24.1.5.5
No child care center shall be part of a one-family or two-family
dwelling.
24.2
Construction
Yards, Field Offices, and Other Temporary Buildings.
Temporary permits for construction yards and field offices and special
use permits or variances regulating temporary buildings shall be issued
for a period of time not to exceed eighteen (18) months. Extensions
may be granted by the City Council. Upon due notice and hearing before
the City Council, any such permit may be revoked if the City Council
finds the use of the building or structure is contrary to the intent
of this ordinance or results in increased noise, traffic, or other
conditions considered to be a nuisance or hazard.
24.3
Telecommunication
Towers and Antennas
24.3.1
Purpose:
The purpose of this section is to:
24.3.1.1
establish regulations for the siting of towers and antennas;
24.3.1.2
minimize the total number of towers throughout the community;
24.3.1.3
encourage the joint use of new and existing tower sites;
24.3.1.4
encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal;
24.3.1.5
encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and antennas;
24.3.1.6
encourage using existing facilities as primary option sites for new
antennas; and
24.3.1.7
enhance the ability of the providers of telecommunications services
to provide services to the community quickly, effectively, and efficiently.
24.3.2
Definitions:
As used in this subsection:
24.3.2.1
Antenna:
Any exterior apparatus designed for telephonic,
radio, or television communications through the sending or receiving
or [of] electromagnetic waves.
24.3.2.2
FAA:
The Federal Aviation Administration.
24.3.2.3
FCC:
The Federal Communications Commission.
24.3.2.4
City Council:
The city council of the City of Newark.
24.3.2.5
Height:
When referring to a tower or other structure,
the distance measured from ground level to the highest point on the
tower or other structure, even if the highest point is an antenna.
24.3.2.6
Monopole:
A support structure for an antenna composed
of a single spire; guide wires shall not be permitted upon such structures.
24.3.2.7
Tower:
Any structure that is designed and constructed
primarily for the purpose of supporting one or more antennas, including
self-supporting lattice towers, guy towers, or monopole towers. The
term includes radio and television transmission towers, microwave
towers, common-carrier towers, cellular telephone towers and similar
structures.
24.3.3
Applicability.
24.3.3.1
Generally:
The requirements of this section govern the
location of towers that exceed, and antennas that are installed at
a height in excess of, the height limitations specified for the zoning
district in which the tower or antenna is to be located.
24.3.3.2
Exemptions:
Except for the requirements of subsections e. 7. and 8. [24.3.5.7 and 24.3.5.8] below, this section does not apply to:
(a)
antennas or towers located on property owned, leased, or otherwise
controlled by the city; provided, a license or lease authorizing the
antenna or tower has been approved by the City Council;
(b)
amateur radio and TV antennas, including ham radio and CB’s;
however, commercial use shall not be permitted, and the height of
the antenna shall not be more than 10 feet higher than the building
it is attached to;
(c)
a tower or antenna for which a permit has been properly issued prior
to the effective date of this article, which is referred to in this
article as a “preexisting tower” or “preexisting
antenna”; or
24.3.4
Site Plan:
24.3.4.1
Requirement:
An approval for constructing any telecommunications
tower or antenna shall require submission of a site plan to the City
Council. A site plan must be approved prior to issuance of a building
permit by the City.
24.3.4.2
Factors Considered in Approving Site Plan:
The City Council shall consider the following
factors in determining whether to approve a site plan:
(a)
Height of the proposed tower;
(b)
Capability of the tower to structurally accommodate the number of
shared users proposed by the applicant as certified by a licensed
professional engineer;
(c)
Proximity of the tower to residential structures and residential
district boundaries;
(d)
Nature of uses on adjacent and nearby properties;
(e)
Surrounding topography;
(f)
Surrounding tree coverage and foliage;
(g)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
(h)
Proposed ingress and egress;
(i)
Availability of suitable existing towers and other structures as
discussed in subsection e.1 [24.3.5.1];
(j)
Compliance with this section and other applicable ordinances of the
city; and
(k)
Any additional terms and conditions, including design standards,
that the City Council deems necessary.
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When approving a site plan, the City Council may impose conditions
to the extent the City Council concludes that conditions are necessary
to minimize any adverse effects of the proposed tower or antenna or
adjoining properties. The City Council may also waive or reduce the
burden on the applicant of one or more of these criteria if the City
Council concludes that the purposes of this section are better served
thereby.
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24.3.4.3
Written Report Upon Denial of Site Plan:
The City of
Newark shall document in writing any denial of a site plan to place,
construct, or modify personal wireless service facilities, stating
the reason for denial and including substantial evidence that supports
the denial.
24.3.5
Requirements for the Installation of Towers and Antennas:
24.3.5.1
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 Council 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:
(a)
No existing towers or structures are located within the geographic
area required to meet applicant’s engineering requirements.
(b)
Existing towers or structures are not of sufficient height to meet
applicant’s engineering requirements.
(c)
Existing towers or structures do not have sufficient structural strength
to support applicant’s proposed antenna and related equipment.
(d)
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 electromagnetic
interference with the applicant’s proposed antenna.
(e)
The fees, costs, or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
(f)
Other limiting factors that render existing towers and structures
unsuitable.
24.3.5.2
Setbacks and Separation:
The following setbacks and separation requirements shall apply to
all towers:
(a)
Towers must be set back a distance equal to the height of the tower
from any off-site residential structure.
(b)
Towers, guys, and accessory facilities must satisfy the minimum zoning
district setback requirements.
(c)
Towers over 90 feet in height shall not be located within one-quarter
of a mile from any existing tower that is over 90 feet in height.
Distances shall be measured in a straight line between the nearest
points on the bases of the towers.
(d)
Only one tower shall be permitted upon each platted lot.
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The City Council may reduce the setbacks and separation requirements
if the purposes of this section would be better served thereby.
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24.3.5.3
Height Restrictions:
A
tower must meet the following height and usage criteria:
24.3.5.4
Security Fencing:
Towers shall be enclosed by security
fencing not less than six feet in height and shall also be equipped
with an appropriate anti-climbing device.
24.3.5.5
Landscaping:
The following
requirements shall govern the landscaping surrounding towers.
(a)
Tower facilities shall be landscaped with a buffer of plant materials
that effectively screens the view of the tower compound from adjacent
residential property. The standard buffer shall consist of a landscaped
strip at least four feet wide outside the perimeter of the compound.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived.
(c)
Existing mature tree growth and natural land forms on the site shall
be preserved to the maximum extent possible. In some cases, such as
towers sited on large, wooded lots, natural growth around the property
perimeter may be a sufficient buffer.
24.3.5.6
Visual Characteristics:
(a)
Towers shall be maintained with either a galvanized steel finish
or, subject to any applicable standards of the FAA, be painted a neutral
color, so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, be maintained with materials, color,
textures, screening, and landscaping that will blend the tower facilities
to the natural setting and built environment.
(c)
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.
(d)
Towers shall not be artificially lighted, unless required by the
FAA or other applicable authority. If lighting is required, the city
may review the available lighting alternatives and approve the design
that would cause the least disturbance to the surrounding views.
(e)
Advertisement signs, flags, and banners shall be prohibited from
towers.
24.3.5.7
Federal Requirements:
All towers must meet or exceed
current standards and regulations of the FAA, the FCC, and any other
agency of the federal government with the authority to regulate towers
and antennas. If applicable federal standards and regulations are
changed, then the owners of the towers and antennas governed by this
article shall bring the towers and antennas into compliance with the
revised standards and regulations within six months of the effective
date of the standards and regulations, unless a more stringent compliance
schedule is mandated by the controlling federal agency. Failure to
bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner’s expense.
24.3.5.8
Building Codes; Safety Standards:
To ensure the structural
integrity of towers, the owner of a tower shall construct and maintain
the tower 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 city concludes that a tower fails to
comply with these codes and standards and constitutes a danger to
persons or property, then upon notice being provided to the owner
of the tower, the owner shall have 30 days to bring the tower into
compliance with the standards. If the owner fails to bring the tower
into compliance with 30 days, the city may remove the tower at the
owner’s expense.
24.3.6
Removal of Abandoned Antennas and Towers:
Any antenna
or tower that is not operated for a continuous period of 12 months
shall be considered abandoned, and the owner of the antenna or tower
shall remove it within 90 days of receipt of notice from the city
notifying the owner of the abandonment. If the antenna or tower is
not removed within the 90 days, the city may remove the antenna or
tower at the owner’s expense. If there are two or more users
of a single tower, then this provision shall not become effective
until all users cease using the tower.
24.4
Residence
Hotels
Residential hotels shall be designed to allow for their potential conversion to multifamily residences and as such shall comply with all minimum standards set forth in Section 15. Residence hotels constructed in the MF district shall comply with the MF district requirements. Open space shall be provided in sufficient quantity and locations to allow for required additional parking should the residence hotel convert to multifamily residences.
24.5
Garden
(Patio) Homes
24.5.1
Location on Lot:
Garden (patio) home developments shall
be developed as zero lot line homes. One side yard shall be reduced
to zero feet, while the other side yard shall be increased to a minimum
of ten feet. A minimum three-foot-wide maintenance easement shall
be placed on the adjacent lot to enable the property owner to maintain
his house. Side yards and maintenance easements shall be placed on
the subdivision plat. A minimum separation between patio homes of
ten (10) feet shall be provided. The combined area of all structures
shall not exceed sixty-five (65) percent of the lot area.
24.5.2
Front Yard Setback:
The minimum front yard shall be
fifteen (15) feet, provided that in no case shall a garage or carport
fronting onto a street be less than twenty (20) feet from the property
line adjacent to the street. The front yard setback may be staggered,
varied, or reduced to a minimum setback of ten (10) feet for lots
facing cul-de-sac or loop streets not exceeding four hundred (400)
feet in length, with the approval of a site plan or subdivision plat.
Under this provision the maximum setback shall be twenty-five (25)
feet. A minimum lot depth of sixty-five (65) feet, as measured from
front building line to the rear lot line, shall be maintained.
24.5.3
Rear Yard Setback:
The minimum rear yard shall be five
(5) feet for a single-story structure and fifteen (15) feet for any
two-story structure. If access is from an alley, the minimum setback
will be twenty (20) feet for garages or carports.
24.5.4
Side Yard Setback:
The minimum side yard shall be zero
(0) feet except that there shall be at least ten (10) feet of separation
between structures. When garden (patio) homes are constructed with
a zero (0) side yard, five (5) feet on the lot adjacent to the zero
(0) setback shall be dedicated as an access easement for the zero
(0) setback garden (patio) home. There shall be a minimum of twenty
(20) feet from any property line adjacent to a street.
24.5.5
Lot Frontage:
The minimum frontage of any garden (patio)
home shall be twenty-five (25) feet on residential streets and thirty-five
(35) feet on collector and thoroughfare streets.
24.5.6
Lot Area:
The minimum lot area for any development lot
for garden (patio) homes shall be two thousand eight hundred (2,800)
feet.
24.5.7
Maximum Length of Structures:
No zero lot line structure
shall have an overall length exceeding two hundred and fifty (250)
feet.
24.5.8
Maximum Height of Structures:
No structure shall exceed
two (2) stories or thirty-five (35) feet in height.
24.5.9
Parking:
Two (2) off-street spaces per dwelling unit
plus one-half (1/2) space per dwelling unit for visitor parking within
six hundred (600) feet of each dwelling unit. The visitor parking
requirements may be eliminated or reduced at the time of site plan
or subdivision plat approval with a finding that there is adequate
on-street parking for visitors.
24.5.10
Common Area Maintenance:
To insure the long-term maintenance of common land and facilities
in patio home developments, the following shall be required:
(a)
Plats and site plans shall be approved subject to the submission
of a legal instrument setting forth a plan or manner of permanent
area and maintenance of open spaces, recreational areas and other
communally owned facilities. No such instrument shall be acceptable
until approved by the City Attorney as to legal form and effect. A
Homeowners’ Association (HOA) is the most widely accepted technique
for managing commonly owned property. Such association shall provide
proof of incorporation prior to issuance of a construction permit.
(b)
The HOA or other similar management entity shall be organized as
a nonprofit corporation with automatic membership in the management
entity when property is purchased. This shall be specified in the
covenants which run with the land and which bind all subsequent owners.
Covenants for maintenance assessments shall also run with the land.
Included in the maintenance covenants shall be procedures for changing
them at stated intervals. Deeds shall also reference the rights and
responsibilities of property owners to the management entity. The
management entity shall also be responsible for liability insurance,
local taxes, and the maintenance of all commonly held facilities through
the use of a pro-rate formula for all property owners.
24.5.11
Usable Open Space Requirements:
Each parcel of land
developed under patio home standards shall provide usable open space
totaling fifteen percent (15%) of the area of a patio home development.
Such open space shall have a maximum slope of ten percent (10%) and
shall be exclusive of street and alley rights-of-way and/or easements,
individually platted lots without open space easements, private yards
and patios. The fifteen percent (15%) shall be computed on the percentage
of total platted area in a patio home subdivision, excluding right-of-way
for major and secondary thoroughfares (as described in the current
Comprehensive Plan). At the time of site plan and/or subdivision plat
approval, the City Council may give full or partial credit for open
areas that exceed the maximum slope or which are otherwise unusable
if it is determined that such areas are environmentally or aesthetically
significant and that their existence enhances the development.
24.5.12
Additional Landscaping:
In addition to any required
landscaping for common areas, the front yard and parkway areas shall
be landscaped and permanently maintained.
24.6
Multifamily
Residence:
24.6.1
Courts:
Where an apartment building is erected so as
to create inner courts, the faces of all opposite walls in such courts
shall be a minimum distance of thirty (30) feet apart and no balcony
or canopy shall extend into such court area for a distance greater
than five (5) feet.
24.6.2
Usable Open Space:
Each lot or parcel of land which is used for multiple-family residences shall provide on the same lot or parcel of land usable open space (as defined in Section 34.2.101), in accordance with the table below:
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Number of Bedrooms or Sleeping Rooms
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Usable Open Space Requirement
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|---|---|
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1 or Less
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600 Sq. Ft.
|
|
Each Additional Bedroom Over 1
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300 Sq. Ft.
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In those instances where a parcel of land has been zoned
for multifamily use with a Specific Use Permit or Planned Development
classification and the permitted densities do not conform exactly
with those permitted in the MF District, usable open space shall be
provided in accordance with that required for the multifamily zoning
district which most closely approximates the density permitted under
the SUP or PD.
In meeting this requirement, a credit of three (3) square feet
may be applied for each square foot utilized for swimming pools and
adjacent decks, patios, or lounge areas within ten (10) feet of a
pool; developed and equipped children’s play areas; and usable
portions of recreational buildings. Tennis courts are specifically
excluded from this increased credit allowance. At the time of site
plan approval, the City Council may allow a credit not to exceed ten
percent (10%) of the total required usable open space for adjacent
and immediately accessible public parks. The combined credit for areas
calculated at a three-to-one basis and for public parks shall not
exceed fifty percent (50%) of the total usable open space for an individual
lot or parcel of land.
At the time of site plan approval, the City Council may give
full or partial credit for open areas that exceed the maximum slope,
if it is determined that such areas are environmental significant
and that their preservation would enhance the development.
24.7
Service
Stations
Gasoline service station pump islands may not
be located nearer than eighteen (18) feet to the front property line.
An unenclosed canopy for a gasoline filling station may extend beyond
the front building line but shall not be closer than ten (10) feet
to the property line.
24.8
Swimming
Pools
It is the purpose of the following provisions to
recognize an outdoor swimming pool as a potentially attractive nuisance
and to promote the safety and enjoyment of property rights by establishing
rules and regulations governing the location and improvement of swimming
pools whether privately, publicly, or commercially owned or operated.
24.8.1
No
swimming pool shall be constructed or used until a swimming pool building
permit has been issued therefor. No building permit shall be issued
unless the proposed sanitary facilities and water supply comply with
applicable local and State health departments regulations.
24.8.2
A
swimming pool erected below ground or above ground with a depth of
two (2) feet or greater may be constructed and operated when:
24.8.2.1
the pool is not located in any required front or side yard abutting
a street;
24.8.2.2
a wall or fence, not less than six (6) feet in height, with self-enclosing
and self-latching gates that are lockable at all entrances, completely
encloses either the pool area or the surrounding yard area;
24.8.2.3
all lighting of the pool is shielded or directed to face away from
adjoining residence. If lights are not individually shielded they
shall be so placed, or the enclosing wall or fence shall be so designed,
that direct rays from the lights shall not be visible for adjacent
properties;
24.8.2.4
no broadcasting system is used for the purpose of advertising the
operation of the pool or for the attraction of persons to the premises.
This shall not prevent a public address system necessary or useful
to the supervision of the pool and the safety of swimmers; and
24.8.2.5
the swimming pool is no closer then eight (8) feet from any property
line.
24.9
Fencing,
Walls, and Screening Requirements
24.9.1
Purpose:
The purpose of fencing, walls, and screening
requirements is to encourage the most appropriate use of land and
conserve and protect the privacy and value of adjacent permitted uses.
Regulations are prescribed for the location and type of various screening
devices to be used when required in the various zoning districts or
in this section in accordance with the following standards.
24.9.2
Walls and Screening:
The
following are requirements for screening of all Nonresidential (excluding
Agricultural District), Multifamily (MF), Manufactured Home District
(MH-1) and Manufactured Home Park District (MH-2) Areas:
24.9.2.1
In the event that nonresidential, MF, MH-1, or MH-2 abuts any side
or back of a SF, TF or Residential Planned Development District, a
solid screening wall of not less than six feet (6') nor more than
eight feet (8') in height shall be erected on the property line separating
these districts. The purpose of the screening wall or fence is to
provide a visual and protective barrier between the properties.
24.9.2.2
The owner of the nonresidential, MF, MH-1, or MH-2 property shall
be responsible for and shall build the required wall on the property
line dividing the property from any SF, TF, or PD residential districts.
This construction requirement applies only when MF, MH-1, or MH-2
is adjacent to other residential uses. When screening is required
between nonresidential and residential uses, it shall be the responsibility
of the nonresidential use to construct the screening wall.
24.9.2.3
Any screening wall or fence required under the provisions of this
section, under a Specific Use Permit, Planned Development District,
or other requirement shall be constructed of masonry, reinforced [concrete,
or other similar suitable permanent materials, which do not] contain
openings. All walls or fence openings shall be equipped with self-latching
gates equal in height and screening characteristics to the wall or
fence.
24.9.2.4
Alternative equivalent screening may be approved through the site plan approval process, section 30.
24.9.2.5
All required screening walls shall be equally finished on both sides
of the wall.
24.9.2.7
In all districts, screening shall be required only for those areas
used for open storage. A six (6') foot fence or wall shall be provided
and maintained at the property line adjacent to the area to be screened.
24.9.2.8
Refuse storage areas not adjacent to an alley or rear service area
which are visible from a public right-of-way for all nonresidential
MF, MH-1, and MH-2 uses shall be visually screened by a six-foot (6')
masonry wall, or an eight-foot (8') masonry wall for storage containers
over 6 yards in volume, on all sides except the side used for garbage
pickup service, which side shall provide a gate.
24.9.3
Fences
24.9.3.1
Fences or Hedges in the required front yard of any nonresidential
district shall not exceed three feet (3') in height and shall be at
least 50% open.
24.9.3.2
No fence shall exceed eight feet (8') in height.
24.9.3.3
Fences shall be constructed of customary urban fencing materials
and shall be aesthetically consistent with buildings and fences in
the area.
24.9.3.4
All fences require permits.
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11)
25.1
General
Provision
25.1.1
As
permitted under the provisions of this ordinance, a property owner
may petition the City for a specific use of property, as authorized
by the zoning district in which the property is located. Such petition
shall be considered by the City Council after proper notice and a
public hearing.
25.1.2
An
application for a Specific Use Permit (SUP) shall be accompanied by
a site plan drawn to scale and showing the general arrangements of
the project, together with essential requirements such as off-street
parking facilities; size, height, construction materials and locations
of buildings; the uses to be permitted; location and construction
of signs; means of ingress and egress to public streets; visual screening
such as walls, landscaping, and fences; and the relationship of the
intended use to all existing properties and land uses in all directions
to minimum distance of two hundred (200) feet.
25.1.3
After
proper notice and a public hearing, the City Council may grant a permit
for a specific use of property as authorized by the zoning district
in which the property is situated. The City Council may require information,
operating data, and expert evaluation concerning the location and
function and characteristics of any building or use proposed.
25.2
Specific
Use Permit Regulations
25.2.1
In
recommending that a specific use permit for the premises under consideration
be granted, the City Council shall determine whether such use or uses
are harmonious and adaptable to building structures and uses of adjacent
property and other property in the vicinity of the premises under
consideration.
25.2.2
The
City Council shall authorize issuance of a Specific Use Permit only
after determining that the proposed use or uses are harmonious and
adaptable to building structures and uses of adjacent property and
other property in the vicinity of the premises under consideration.
25.2.3
The
City Council shall authorize issuance of a Specific Use Permit only
after determining that adequate provisions have been made for the
paving of streets, alleys, and sidewalks, means of access to public
streets, provisions for drainage, adequate off-street parking, protective
screening and open space, heights of structures, and compatibility
of buildings.
25.2.4
No
Specific Use Permit shall be granted unless the applicant, owner,
and grantee of the Specific Use Permit shall be willing to accept
and agree to be bound by and comply with the written requirements
of the permit, as attached to the site plan drawing (or drawings)
and approved by the City Council. No public hearing is necessary for
site plan approval.
25.2.5
Whenever
regulations or restrictions imposed by this ordinance are either more
or less restrictive than regulations imposed by any governmental authority
through legislation, rule, or regulation, the regulations, rules or
restrictions which are more restrictive or impose higher standards
or requirements shall govern. Regardless of any other provision of
this ordinance, no land shall be used and no structure erected or
maintained in violation of any State or Federal pollution control
or environmental protection law or regulation.
25.2.6
When
the City Council authorizes granting of a Specific Use Permit, the
Zoning Map shall be amended according to its legend to indicate that
the affected area has conditional and limited uses.
25.2.7
No
Specific Use Permit shall be granted for any establishment that derives
seventy-five percent (75%) or more of the establishment’s gross
revenues from the on-premise sale of alcoholic beverages; unless that
such establishment meets the following conditions:
a.
Such
establishment must be located in a Light Manufacturing/Industrial
District “M-1” or Manufacturing/Industrial District -
Heavy “M-2” zoned district; zoned district; [sic]
b.
Such
establishment shall not be located within one thousand five hundred
(1,500) feet of a church, public or private school, public hospital,
day care center, child care facility, public park or recreational
facility;
c.
Such
establishment shall meet the following parking requirements:
i.
One
(1) parking space is required for every three (3) seats or for every
one hundred (100) square feet of floor area, whichever is greater;
ii.
All driveways, approaches and surfaces of parking areas must be constructed
of concrete, hot mix asphalt paving, or other hard surface material
approved by the City Council;
iii.
Safety barriers, protective bumpers or curbing shall be provided
to prevent encroachment onto adjoining public or private property;
iv.
The location and traffic direction of all access drives, and internal
circulation patterns, shall be designed and maintained in accordance
with accepted principles of traffic engineering and traffic safety;
and
v.
Lights
must be provided to illuminate any parking facility or paved area,
and shall be designed to reflect away from adjoining public or private
property.
d.
The
exterior building wall construction of such establishment must be
one hundred percent (100%) masonry, exclusive of all windows, doors,
roofs and glass construction material;
e.
Such
establishment must meet all fire protection requirements of all applicable
codes, including fire suppression/sprinkler system requirements;
f.
No pole
signs shall be permitted;
g.
No illuminated,
moving, flashing or neon signs shall be permitted in any windows or
otherwise visible from the right-of-way;
h.
No signs
advertising or depicting alcohol or tobacco shall be visible from
the right-of-way;
i.
All
required state licenses or permits must be valid and in effect;
j.
All
sales and consumption must be within permanent walls of the establishment
covered by a roof; no outside consumption of an alcoholic beverage
is permitted.
k.
No amplified
music or loudspeakers outside the building is permitted;
l.
Such
establishment must be at least four thousand (4,000) square feet in
size and must meet all applicable codes;
m.
A specific
use permit will terminate upon change of ownership of the holder of
the specific use permit, and is not transferable; and n. The City
Council may impose additional restrictions to protect adjacent properties
from the impact of the specific use.
(Ordinance A-358 adopted 7/16/09; Ordinance A-363, sec. 3, adopted 4/22/10)
26.1
Purpose
To secure safety from fire, panic and other dangers; to lessen
congestion in the streets; to facilitate the adequate provisions of
transportation; to conserve the value of buildings; and to encourage
the most appropriate use of land, minimum off-street parking and loading
shall be provided as set forth in the following schedules and provisions.
26.2
Special
Off-Street Parking Provisions - Residential Districts
26.2.1
Required
off-street parking shall be provided on the same site as the use it
serves.
26.2.2
No
parking shall be allowed except on a paved concrete or bituminous
parking space surface. A bituminous parking surface shall include
any covered surface but shall specifically exclude any earth or grass
surface.
26.2.3
No
parking structure, including garages, carports, or similar structures,
shall be located within the required front, side, or rear yards of
a lot or tract (Exception: Ten (10) feet from your property line where
paved alleys are provided by developer.)
26.3
Size
of Space
26.3.1
Each
standard off-street surface parking space shall measure not less than
nine (9) feet by twenty (20) feet, exclusive of access drives and
aisles, and shall be of usable shape and condition. Where it is possible
for a vehicle to overhang the front of a parking space above a paved,
stoned, mulched, or grassed area other than a sidewalk, street, right-of-way,
or adjacent property, the length of the standard space may be reduced
to eighteen (18) feet.
26.3.2
Each
small car off-street parking space shall measure not less than eight
and one-half (8.5) feet by sixteen (16) feet, exclusive of access
drives and aisles, and shall be of usable shape and condition. Where
it is possible for a vehicle to overhang the front of a parking space
above a paved, stoned, mulched, or grassed area other than a sidewalk,
street right-of-way or adjacent property, the length of the small
car space may be reduced to fifteen (15) feet. All small car parking
spaces shall be grouped and located in specific areas so as not to
be scattered throughout a parking lot.
26.3.3
A
maximum of fifty percent (50%) of the required parking for a general
office or light manufacturing plant may be permitted as small car
spaces upon approval of a site plan but only when both of the following
conditions are met:
26.3.4
Each
parking space (on-street or off-street) designed for parallel parking
shall have a minimum dimension of eight (8) feet by twenty-two (22)
feet.
26.3.5
Each
standard parking space located in a parking garage shall measure not
less than nine (9) feet by eighteen (18) feet, exclusive of access
drives or aisles.
26.4
Parking
Area Standards
26.4.1
To
prevent nuisance situations, all parking area lighting shall be designed
and operated so as not to reflect or shine on adjacent properties.
For safety and firefighting purposes, free access through to adjacent
parking areas shall be provided where practical.
26.4.2
Except
for single-family and duplex uses, parking spaces shall be permanently
and clearly identified by stripes, buttons, tiles, curbs, barriers,
or other approved methods. Nonpermanent type marking, such as paint,
shall be regularly maintained to ensure continuous clear identification
of the space.
26.5
Off-Street
Parking Incidental to Main Use
Off-street parking shall be provided in accordance with the requirements specified by this ordinance and located on the lot or tract occupied by the main use or in accordance with Section 26.9 and located within the same zoning district as the main use.
26.6
Schedule
of Parking Requirements Based on Use
Off-street parking
shall be provided in sufficient quantities to provide the following
ratio of vehicle spaces for the uses specified in the districts designated.
(Where a calculation results in requiring a fractional space, one
additional space shall be required.)
26.6.1
Bank, savings and loan or similar financial establishment:
One (1) space for each two hundred (200) square feet of total
floor area.
26.6.2
Business or professional office, studio, medical or dental clinic:
Three (3) parking spaces plus one (1) additional parking space
for each two hundred (200) square feet of floor area over five hundred
(500) feet.
26.6.3
Church or other place of worship:
One (1) parking space
for each (4) seats in the main auditorium.
26.6.4
Clinic of doctor’s or dentist’s office:
One (1) space for each two hundred (200) square feet of total floor
area.
26.6.5
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 as [on] the basis of one (1) space for each four (4) seats
that it contains.
26.6.6
College or university:
One (1) space for each two (2)
students, plus one (1) space for each classroom, laboratory or instruction
area.
26.6.7
Commercial Amusement (indoor):
26.6.7a
Bowling Alley - 6 spaces for each lane;
26.6.7b
Racquetball or handball courts - 4 spaces for each court;
26.6.7c
Indoor tennis courts - 6 spaces for each court;
26.6.7d
Gymnasium, skating rinks, and martial arts schools or areas -1 space
for each 3 seats at maximum seating capacity, plus 1 space for each
two hundred (200) square feet;
26.6.7e
Swimming Pool - 1 space for each one hundred (100) square feet of
gross water surface and deck area;
26.6.7f
Weight lifting or exercise areas - 1 space for each one hundred (100)
square feet;
26.6.7g
Bingo Parlors - 1 space for 3 seats (design capacity) or 1 per one
hundred (100) square feet of total floor area, whichever is greater;
26.6.7h
Indoor jogging or running tracks - 1 space for each one hundred (100)
linear feet;
26.6.7i
All areas for subsidiary uses not listed above or in other parts of Section 25:6 [26.6] (those uses such as restaurants, offices, etc., shall be calculated with the minimum specified for those individual uses) - 1 space for each one thousand (1,000) square feet.
26.6.7j
Other - 1 space for each three (3) persons accommodated (design capacity).
26.6.8
Dance hall, assembly or exhibition hall (without fixed seats):
One (1) parking space for each one hundred (100) square feet
of floor area used thereof.
26.6.9
Day nursery, day care, kindergarten school:
One (1)
space per ten (10) pupils/clients (design capacity).
26.6.10
Dwellings, single-family attached or detached.
Two (2)
parking spaces for each dwelling unit.
26.6.11
Dwellings, multifamily:
One (1) parking space for each
dwelling unit plus one-half (.5) space for each individual bedroom
in all dwelling units.
26.6.12
Flea market:
One and one-half (1.5) spaces for each
two hundred (200) square feet of floor area or market area.
26.6.13
Fraternity, sorority or dormitory:
One (1) parking space
for each two (2) beds.
26.6.14
Furniture or appliance store, hardware store, wholesale establishments,
machinery or equipment sales and service, clothing
or shoe repair or service: Two (2) parking spaces plus
one (1) additional parking space for each five hundred (500) square
feet of floor area over one thousand (1,000) square feet.
26.6.15
Gasoline service station:
Minimum of thirty (30) spaces.
26.6.16
Golf course:
Minimum of thirty (30) spaces.
26.6.17
Health care facility:
One (1) space for each four (4)
rooms or beds, whichever is greater.
26.6.18
Hospital:
One (1) space for each two (2) beds.
26.6.19
Hotel or motel:
One (1) parking space for each sleeping
room, unit, or guest accommodation plus one (1) space for each three
hundred (300) square feet of commercial floor area contained therein.
26.6.20
Lodge, or fraternal organization:
One and one-fourth
(1.25) spaces per two hundred (200) square feet.
26.6.21
Manufacturing, processing or repairing:
One (1) parking
space for each two (2) employees on the maximum working shift, plus
space to accommodate all vehicles used in connection therewith, but
not less than one (1) parking space for each 1,000 square feet of
floor area, whichever is greater.
26.6.22
Massage establishment:
One (1) space for each two hundred
(200) square feet of floor area.
26.6.23
Mini-warehouse:
Four (4) spaces per complex plus one
(1) space per five thousand (5,000) square feet of storage area.
26.6.24
Mortuary or funeral home:
One (1) parking space for
each fifty (50) square feet of floor space in slumber rooms, parlors,
or individual funeral service rooms.
26.6.25
Motor vehicle salesrooms and used car lots:
One (1)
parking space for each five hundred (500) square feet of sales floor
for indoor uses, or one (1) parking space for each one thousand (1,000)
square feet of lot area for outdoor uses.
26.6.26
Office, general:
One (1) space for each three hundred
(300) square feet of total floor area.
26.6.27
Office, medical:
One (1) space for each one hundred
seventy-five (175) square feet of floor area.
26.6.28
Office-showroom or office-warehouse:
One (1) space for
each one thousand (1,000) square feet of floor area for storage and
warehousing, plus one (1) space for each one hundred (100) square
feet of office, sales or display area.
26.6.29
Private club:
26.6.29a
If freestanding or located in a shopping center of 150,000 square
feet or less, one (1) space for each ten (10) square feet of bar,
lounge and waiting areas, plus one (1) space for each one hundred
(100) square feet of remaining floor area.
26.6.29b
If located in a shopping center of greater than 150,000 square feet,
one (1) space for each one hundred (100) square feet of gross floor
area.
26.6.30
Private country club or golf club:
One (1) parking space
for each two hundred fifty (250) square feet of floor area or for
every five (5) members, whichever is greater.
26.6.31
Recreational area or building (other than listed):
One
(1) space for each two (2) persons to be normally accommodated in
the establishment.
26.6.32
Restaurant, cafeteria, cafe or similar establishment:
One (1) parking space for every one hundred (100) square feet of
floor area.
26.6.33
Retail store or personal service establishment, except as otherwise
specified
herein: One (1) parking
space for each two hundred (200) square feet of floor area.
26.6.34
Sanitarium, convalescent home, home for the aged or similar institutions:
One (1) parking space for each six (6) beds.
26.6.35
School, elementary and middle:
One (1) parking space
for each five (5) seats in the auditorium or main assembly room, or
one (1) space for each classroom plus ten (10) spaces, whichever is
greater.
26.6.36
School, secondary (grades 9 - 12):
One (1) parking space
for each four (4) seats in the main auditorium, or one (1) space for
each classroom plus one (1) space for each two (2) students accommodated
in the institution, whichever is greater.
26.6.37
Shopping center:
One (1) space for each two hundred
(200) square feet of floor area. The total floor area used for restaurants
and cafeterias (but not including private clubs) which exceeds ten
percent (10%) of the shopping center floor area, shall require additional
parking to be provided in accordance with the requirements for restaurants.
26.6.37[a]
Storage or warehousing:
One (1) space for each two (2) employees, or one (1) space for
each one thousand (1,000) square feet of total floor area, whichever
is greater.
26.6.38
Theater, auditorium (except school), meeting room, sports arena,
stadium,
gymnasium, or other places of public
assembly: One (1) parking space for each four (4) seats
or bench seating spaces.
26.6.39
Vehicle repair garage:
Three (3) spaces per service
bay, plus one (1) space per employee (maximum shift), plus one (1)
space per tow truck or other service vehicle.
26.7
Off-Street
Parking Requirements for Uses Not Listed
For those uses
which are not matched with a parking requirement in 26.6, the following
standards shall apply:
|
|
General Use Category
|
Parking Space Requirements
|
|---|---|---|
|
a.
|
Educational & Institutional
|
One space per employee
|
|
b.
|
Transportation, Utility & Communications Uses
|
One space per employee plus one space per stored vehicle
|
|
c.
|
Accessory & Incidental Uses
|
One space per employee
|
|
d.
|
Office & Professional Uses
|
One space per 300 square feet of gross floor area
|
|
e.
|
Automobile & Related Uses
|
One space per employee plus one space per stored vehicle
|
|
f.
|
Retail Uses
|
One space per 200 square feet of gross floor area
|
|
g.
|
Service Uses
|
One space per 200 square feet of gross floor area
|
|
h.
|
Wholesale Uses
|
Same as for “Storage or warehousing”
|
|
i.
|
Contract Construction Uses
|
One space per employee
|
|
j.
|
Commercial, Manufacturing, & Industrial Uses
|
Same as for “Manufacturing, processing, or repairing”
|
26.8
Rules
for Computing Number of Parking Spaces
In computing the number of parking spaces required for each of the uses in Sections 26.1 - 26.7), the following rules shall govern:
26.8.1
“Floor
Area” shall mean the gross floor area of the specific use.
26.8.2
Where
fractional spaces result, the parking spaces required shall be rounded
to the nearest whole number.
26.8.3
The
parking space requirement for a use not specifically mentioned herein
shall be the same as required for a use of similar nature.
26.8.4
In
the case of mixed uses, the parking spaces required shall equal the
sum of the requirements of the various uses computed separately.
26.9
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:
26.9.1
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 more than three hundred (300) feet from an institutional
building served and not more than three hundred (300) feet from any
other nonresidential building served.
26.9.2
Not
more than fifty percent (50%) of the parking spaces required for theaters,
bowling alleys, cafes, or similar uses and not more than eighty percent
(80%) of the parking spaces required for a church or school auditorium
or similar uses may be provided and used jointly by similar uses not
normally open, used or operated during the same hours as those listed;
provided, however, that written agreement thereto is properly executed
and filed as specified below.
26.9.3
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 and executed by the parties concerned, and shall be filed with
the application for a building permit.
26.10
Use
of Parking Spaces - All Districts
Required off-street
parking and loading spaces shall be used only for these respective
purposes and shall not be used for storage or display of boats, trailers,
campers, motor vehicles or other goods, materials, products for sale.
26.11
Special
Off-Street Parking Regulations
26.11.1
In computing the parking requirements for any development, the total
parking requirements shall be the sum of the specific parking space
requirements for each use included in the development. Where multiple
uses are proposed for a building, the parking requirements shall be
calculated on the basis of the most restrictive requirements unless
specific areas of different uses are delineated by floor or building
segment.
26.11.2
Wherever a parking lot is located across the street from or adjacent
or [to] residentially zoned property, and is designed so that headlight
beams will shine into residences (whether or not such residences have
been built at the time the parking lot is constructed), and [an] irrigated
earthen berm or a solid masonry wall or reinforced concrete fence
of not less than three (3) nor more than four (4) feet in height above
the finished grade of the off-street parking area shall be erected
and maintained so as to provide a headlight screen for the residential
district.
26.11.3
The off-street parking spaces designated for each apartment (multifamily)
dwelling unit shall be located within one hundred (100) feet of the
dwelling unit served by such spaces.
26.11.4
In all residential district[s], no heavy load vehicle, truck trailer,
truck tractor, mobile home, motor home, camper, trailer, boat, machinery,
farm equipment or machinery or any other similar equipment or machinery
(called collectively “equipment”) shall be parked or left
standing for more than two (2) days out of any consecutive seven (7)
day period within the required front yard or within the side yard
of a corner lot between the side building line and side property line
on the side of the lot abutting a street or public right-of-way.
In no event shall equipment, including motor vehicles, trucks,
and vans be parked or left standing at any time on a surface other
than a paved or gravel driveway or paved parking lot. The driveway
shall be located either:
1)
between
the street or alley on the one hand, and on the other a garage or
carport;
2)
in
the side yard adjacent to the mail [main] building; or
3)
as
a circular driveway serving the main entrance of the premises;
|
The driveway shall be no wider than the width of the garage,
carport (or 20 feet whichever is greater) or parking space which it
serves. No more than fifty percent (50%) of the front yard shall be
a driveway. In no event shall vehicles or equipment be parked or left
standing closer than five (5) feet from the front property line.
|
26.11.5
Parking spaces in nonresidential districts shall be provided with
sufficient space for entering and exiting without backing onto a public
street. Parking spaces on the perimeter of the parking lot and abutting
a property line shall have a wheel stop barrier two (2) feet from
the end of the parking space.
26.12
Design
Standards For Parking Structures
26.12.1
In all districts, above-grade parking structures shall conform to
height restrictions for zoning districts in which they are located.
26.12.2
The distance from parking structure entry and exit points to a corner
of a street intersection shall conform to standards contained in the
Subdivision Ordinance.
26.12.3
Ramps shall not be constructed with slopes exceeding fifteen percent
(15%) and single lane entrances shall not be less than twelve (12)
feet wide at the street.
26.12.4
A minimum of one (1) car length shall be provided between an exit
control gate and the inside edge of a sidewalk to minimize conflicts
between exiting cars and pedestrians.
26.12.5
Parking structure facades shall be left fifty percent (50%) open
and interior light levels shall be maintained at ten (10) footcandles
to enhance security and safety. All parking structure lighting shall
be designed so as not to reflect or shine on adjacent properties.
26.12.6
Full enclosure of any level of a parking structure may be permitted
only if such structure is fully sprinklered and mechanically ventilated.
26.13
Off-Street
Loading
26.13.1
All retail, commercial, and industrial structures shall provide and
maintain off-street facilities for the loading and unloading of merchandise
and goods within the building or on the lot adjacent to a private
service drive.
At least one-half of such loading spaces shall have a minimum
dimension of ten (10) feet by forty (40) feet, and the remaining spaces
shall have a minimum dimension of ten (10) feet by twenty (20) feet.
Where such loading space is located adjacent to a residential
district, the space shall be enclosed on three (3) sides.
Loading spaces shall be provided in accordance with the following
schedule:
|
FOR ALL RETAIL, COMMERCIAL AND INDUSTRIAL USES
| |
|---|---|
|
Square Feet of Gross Floor Area in Structure
|
Minimum Required Spaces or Berths
|
|
0 to 10,000
|
None
|
|
10,000 to 50,000
|
1
|
|
50,000 to 100,000
|
2
|
|
100,000 to 200,000
|
3
|
|
Each additional 100,000
|
1 additional
|
|
FOR ALL HOTELS, OFFICE BUILDINGS, RESTAURANTS, SIMILAR ESTABLISHMENT
| |
|---|---|
|
Square Feet of Gross Floor Area in Structure
|
Minimum Required Spaces or Berths
|
|
0 to 50,000
|
None
|
|
50,000 to 150,000
|
1
|
|
150,000 to 300,000
|
2
|
|
300,000 to 500,000
|
3
|
|
500,000 to 1,000,000
|
4
|
|
Each additional 500,000
|
1 additional
|
26.13.2
Kindergartens, day schools, and similar child training and care establishments
shall provide loading and unloading space on a private drive, off-street,
to accommodate one (1) motor vehicle for each ten (10) students or
children cared for by the establishment.
26.13.3
Loading docks for any establishment which customarily receives goods
between the hours of 9:00 p.m. and 8:00 a.m., and is adjacent to a
residential use or district, shall be designed and constructed so
as to fully enclose the loading operation in order to reduce the effects
of the noise of the operation on adjacent residences.
26.13.4
Where adjacent to residential uses or district, off-street loading
areas shall be screened from view of the residential use or district.
26.14
Stacking
Requirements for Drive-Through Facilities
26.14.1
A stacking space shall be an area on a site measuring eight (8) feet
by twenty (20) feet with direct forward access to a service window
or station of a drive-through facility which does not constitute space
for any other circulation driveway, parking space, or maneuvering
area.
26.14.2
For financial institutions with drive-through facilities, each teller
window or station, human or mechanical, shall be provided with a minimum
of five (5) stacking spaces (from the right-of-way line).
26.14.3
For each service window of a drive-through restaurant, a minimum
of seven (7) stacking spaces (from the right-of-way line) shall be
provided.
26.14.4
For kiosks, a minimum of two (2) stacking spaces (from the right-of-way)
for each service window shall be provided.
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11)
27.1
Height
No accessory building shall exceed twenty-five (25) feet in
height, nor shall it be greater in height than the main structure.
27.2
Area
Regulations for Accessory Buildings or Structures in Residential and
Apartment Districts
27.2.1
Front Yard:
Attached accessory buildings, including
garages and carports, shall have a front yard not less than the main
building, or as specified in the particular district. Detached accessory
buildings, except carports, shall be located in the area defined as
the side yard or rear yard.
27.2.2
Side Yard:
There shall be a side yard not less than
eight (8) feet from any side lot line, alley line, or easement line,
except that adjacent to a side street, the side yard shall never be
less than twenty (20) feet.
27.2.3
Rear Yard:
There shall be a rear yard not less than
ten (10) feet from any lot line, alley line, or easement line. Carports,
garages, or other accessory buildings located within the rear portion
of a lot, as heretofore described, shall not be located closer than
fifteen (15) feet to the main building nor nearer than eight (8) feet
to any side lot line.
(Ordinance A-358 adopted 7/16/09; Ordinance A-377 adopted 7/21/11; Ordinance
A-516 adopted 1/20/22; Ordinance A-544 adopted 5/18/2023)
28.1
Zoning
Required Prior to Approval of Plat
The City Council shall
not approve any plat of any subdivision within the city limits until
the area covered by the proposed plat shall have been permanently
zoned by the City Council.
28.2
Annexation
Prior to Approval of Plat
The City Council shall not
approve any plat or any subdivision within any area where a petition
or ordinance for annexation or a recommendation for annexation to
the city is pending before the City Council unless and until such
annexation shall have been approved by ordinance by the City Council.
28.3
Contemporaneous
Action on Zoning and Annexation
In the event the City
Council holds a hearing on proposed annexation, it may, at its discretion,
hold a contemporaneous hearing upon the permanent zoning that is to
be applied to the area or tract to be annexed. The City Council may,
at its discretion, act contemporaneously on the matters of permanent
zoning and annexation.
(Ordinance A-358 adopted 7/16/09)
29.1
Procedure
For Classifying New/Unlisted Uses
It is recognized that
new types of land use will develop and forms of land use not anticipated
may seek to locate the city. In order to provide for such changes
and contingencies, a determination as to the appropriate classification
of any new or unlisted form of land use shall be made as follows:
29.1.1
The
Zoning Administrator shall refer the question concerning any new or
unlisted use to the City Council as to the zoning classification(s)
into which such use should be placed. The referral of the use interpretation
question shall be accompanied by a statement of facts listing the
nature of the use and whether it involves dwelling activity, sales,
processing, type of product, storage and amount and nature thereof,
enclosed or open storage, anticipated employment, transportation requirements,
the amount of noise, odor, fumes, dust, toxic material, and vibration
likely to be generated and the general requirements for public utilities
such as water and sanitary sewer.
29.1.2
The
City Council shall consider the nature and described performance of
the proposed use and its compatibility with the uses permitted in
the various districts, in determining the zoning district or districts
within which such use should be permitted.
29.1.3
The
City Council shall by ordinance approve or make such determination
concerning the classification of such use as is determined appropriate,
based upon its findings.
(Ordinance A-358 adopted 7/16/09)
30.1
Procedure
for Creating Building Site/Lot
No permit for the construction
of a building or buildings upon any tract or plot shall be issued
until a building site, building tract, or building lot has been created
by compliance with one of the following conditions:
30.1.1
The
lot or tract is part of a plat of record, properly approved by the
City Council and signed by the Mayor, and filed in the plat records
of the county and counties in which the lot or tract is located.
30.1.2
The
plot, tract or lot faces upon a dedicated street and was separately
owned prior to the effective date of this ordinance or prior to annexation
to the City, whichever is applicable, in which event a building permit
for only one main building conforming to all the requirements of this
ordinance may be issued on each such original separately owned parcel.
30.1.3
The
plot or tract is all or part of a site plan officially approved by
the City Council and compliance has been made with provisions and
improvements approved on such site plan for all utility and drainage
easements, dedication of streets, alleys and other public improvements
required to meet the standards established for the platting of land.
Any and all plots, tracts, or lots must be provided access via a public
street or drive.
(Ordinance A-358 adopted 7/16/09)
31.1
INTENT
Within the districts established by this ordinance or amendments
thereto that may later be adopted, there exists lots, structures,
and uses of land and structures which were lawful before this ordinance
was passed or amended, but which would be prohibited, regulated, or
restricted under the terms of this ordinance or future amendments.
It is the intent of this ordinance to permit these nonconformities
to continue (whether by the same or different owners or tenants) until
they are removed, but not to encourage their survival. Such uses are
declared by this ordinance to be incompatible with permitted uses
in the districts involved. It is further the intent of this ordinance
that nonconformities shall not be enlarged upon, expanded or extended,
not be used as grounds for adding other structures or uses prohibited
elsewhere within the same district. A nonconforming use of a structure
or land shall not be extended or enlarged after passage of this ordinance
by the addition of uses of a nature which would be prohibited generally
in the district involved.
31.2
EXISTING
BUILDING PERMITS
To avoid undue hardship, nothing in
this ordinance shall be deemed to require a change in the plans, construction,
or designated use of any building or land development project for
which a building permit was lawfully issued no more than six months
prior to the date of adoption or amendment of this ordinance. Construction
on a building permit issued prior to the adoption of this ordinance
must be begun within six months of the adoption date and must be completed
within two years of adoption. Such permit shall not be renewed or
extended without all other conditions of this ordinance having been
met.
31.3
SIZE
NONCONFORMITY OF LOTS [OF] RECORD
In any district in
which a single-family dwellings or commercial buildings are permitted,
notwithstanding limitations imposed by other provisions of this ordinance,
a single-family dwelling or commercial building and customary accessory
buildings may be erected on any single lot at the effective date of
adoption or amendment of this ordinance where zoning under this ordinance
is otherwise proper. This provision shall apply even though such lot
fails to meet requirements for width or area, or both, that are generally
applicable in the district, provided that yard dimensions and other
requirements not involving area or width, or both, of the lot shall
conform to the regulations for the district in which such lot is located.
Variance of yard requirements shall be obtained only through action
of the Board of Adjustment.
31.4
NONCONFORMING
USES OF LAND
Where, at the effective date of adoption
or amendment of this ordinance, or upon annexation, lawful use of
land exists that is made no longer permissible under the terms of
this ordinance as enacted or amended, such use may be continued, so
long as it remains otherwise lawful, subject to the following provisions:
31.4.1
No
such nonconforming use shall be enlarged or increased, nor extended
to occupy a greater area of land than was occupied at the effective
date of adoption or amendment of this ordinance;
31.4.2
A
nonconforming use, if changed to a conforming use, may not thereafter
be changed back to a nonconforming use. A nonconforming use, if changed
to a more restrictive nonconforming use, may not thereafter be changed
except to an equal or a more restricted use;
31.4.3
No
such nonconforming use shall be moved in whole or in part to any other
portion of the lot or parcel occupied by such use at the effective
date of adoption or amendment of this ordinance;
31.4.4
No
additional structures shall be erected in connection with such nonconforming
use of land.
31.5
NONCONFORMING
STRUCTURES
Where a lawful structure exists at the effective
date of this ordinance or amendment thereof that could not be built
under the terms of this ordinance by reason of restrictions on area,
lot coverage, height, yards, or other characteristics of the structure
or its location on the lot, such structure may be continued so long
as it remains otherwise lawful, subject to the following provisions:
31.5.1
Such
structure may not be enlarged in a way which increases its nonconformity;
31.5.2
Such
structure may not be altered in a way which increases its nonconformity;
31.5.3
Should
such structure be moved for any reason for any distance whatever,
it shall thereafter conform to the regulations of the district in
which it is located after it is moved.
31.6
NONCONFORMING
USES OF STRUCTURES
If a lawful use of a structure exists
at the effective date of adoption or amendment of this ordinance,
that would not be allowed in the district under the terms of this
ordinance, the lawful use may be continued so long as it remains otherwise
lawful, subject to the following provisions:
31.6.1
No
existing structure devoted to a use not permitted by this ordinance
in the district in which it is located shall be enlarged, extended,
constructed, reconstructed, moved, or structurally altered except
in changing the use of the structure to a use permitted in the district
in which it is located;
31.6.2
A
nonconforming use, if changed to a conforming use, may not thereafter
be changed back to a nonconforming use. A nonconforming use, if changed
to a more restrictive nonconforming use, may not be thereafter changed
except to an equal or a more restricted use;
31.6.3
Any
nonconforming use may be extended throughout any parts of a structure
which were manifestly arranged or designed for such use at the time
of adoption or amendment of this ordinance, but no such use shall
be extended to occupy any land outside such structure.
31.7
REPAIRS
AND MAINTENANCE
On any building devoted in whole or in part to any nonconforming
use, 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 twenty-five percent
(25%) of the current replacement value of the building, provided that
the cubic content of the building as it existed at the time of passage
or amendment of this ordinance shall not be increased.
If a building or portion of a building containing a nonconforming
use becomes physically unsafe or unlawful due to lack of repairs and
maintenance, and is declared by and [any] duly authorized City official
to be unsafe or unlawful by reason of physical condition, it shall
not thereafter be restored, repaired, or rebuilt except in conformity
with the regulations of the district in which it is located.
Nothing in this ordinance shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by any official charged with protecting the public safety,
upon order of such official.
31.8
SPECIAL
EXCEPTION USES/SPECIFIC USE PERMITS: NOT NONCONFORMING USES
Any use for which a special exception or specific use permit
is granted pursuant to this ordinance shall not be deemed a nonconforming
use, but shall, without further action be deemed a conforming use
in such district only for the single property granted such special
exception or specific use permit.
Any special exception or specific use permit heretofore granted
by the Board of Adjustment or City Council which was lawfully existing
at the effective date of this ordinance but which is no longer permitted
under this ordinance or amendment thereof shall be considered a nonconforming
use and shall be subject to all terms of this ordinance relating to
nonconforming uses, unless the zoning classification under this ordinance
for the property to which the special use attaches allows that particular
use. Any special exception or specific use permit which has expired
or which is not in compliance with the conditions placed upon such
use shall not be permitted to continue.
31.9
DISCONTINUANCE
OR ABANDONMENT
31.9.1
A
nonconforming use, when discontinued or abandoned, shall not be resumed
and any further use shall be in conformity with the provisions of
this ordinance. Discontinuance or abandonment shall be defined as
follows:
31.9.1.1
When land used for a nonconforming use shall cease to be used in
a bona fide manner for the nonconforming use for six (6) consecutive
months or for a total of eighteen (18) months during any three (3)
year period.
31.9.1.2
When a structure designed or arranged for a nonconforming use shall
cease to be used in a bona fide manner as a nonconforming use for
a period of six (6) consecutive calendar months or for a total of
eighteen (18) months during any three (3) year period.
31.9.1.3
When a structure designed or arranged for a conforming use shall
cease to be used in a bona fide manner as a nonconforming use for
a period of three (3) consecutive calendar months.
31.9.1.4
When land or a structure used only on a seasonal basis is not used
in a bona fide manner as a nonconforming use during such season.
31.9.2
Discontinuance
or abandonment shall be conclusively deemed to have occurred irrespective
of the intent of the property owner if the nonconforming use was dilapidated,
substandard, or was not maintained in a suitable condition for occupancy
during the above time periods.
31.9.3
Upon
evidence of hardship, the Board of Adjustment shall have the power
to extend the time limits in paragraph a [31.9.1] not to exceed one
(1) year.
31.10
DESTRUCTION
OF NONCONFORMING USE
31.10.1
If a nonconforming structure or a structure occupied by a nonconforming
use is destroyed by fire, the elements or otherwise, it may not be
reconstructed or rebuilt except to conform with the provisions of
this ordinance unless the destruction amounts to less than fifty percent
(50%) of its fair market value at the time of destruction.
31.10.2
If the destruction is greater than fifty percent (50%), the Board
of Adjustment may, after a public hearing, authorize repair, taking
into consideration the property owner’s circumstances and the
effect on surrounding properties.
31.10.3
Where an individual structure or structures are destroyed by more
than fifty percent (50%), upon submission by the owner of sufficient
evidence to prove that the destruction amounts to less than fifty
percent (50%) of the total value of the entire nonconforming use and
that the destroyed structure or structures constituted an integral
part of the nonconforming use, without which the nonconforming use
cannot be profitably operated, the Board of Adjustment may permit
the reconstruction of such destroyed structure or structures under
conditions which reasonably allow the owner to recoup his original
investment.
31.10.4
Notwithstanding anything herein to the contrary, a single-family
residence which is destroyed shall be permitted to be reconstructed
without Board of Adjustment approval regardless of the extent of destruction
provided that the construction complies with all current building
codes and is commenced within six (6) months of the date of destruction.
The failure of the owner to start such reconstruction within six (6)
months shall forfeit the owner’s right to restore or reconstruct
the dwelling except in conformance with this ordinance.
31.10.5
If the owner of a nonconforming use fails to begin reconstruction of the destroyed structure (when permitted to do so by the terms of this ordinance) within six (6) months of the date of destruction or approval by the Board of Adjustment, the nonconforming structure or use shall be deemed to be discontinued or abandoned as provided in Section 31.9 above.
31.11
AMORTIZATION
OF NONCONFORMING USES
The Board of Adjustment may from
time to time on its own motion or upon cause presented by interested
persons inquire into the existence, continuation or maintenance of
any nonconforming use within the City. The Board of Adjustment may
take specific action to abate, remove, limit or terminate any nonconforming
use or structure under reasonable plan whereby the owner’s investment
in the nonconforming use or structure can be recouped through amortization
over a defined period of time, taking into consideration the general
character of the neighborhood and the necessity for all property to
conform to the regulations of the ordinance. The concurring vote of
four (4) members of the Board shall be necessary to take any such
action.
31.12
Nonconforming
Mobile Homes or HUD-Code Manufactured Homes Used as Dwelling
The use of a mobile home or HUD-Code manufactured home previously
legally permitted and occupied as a residential dwelling, which no
longer conform to the requirements of this ordinance shall be nonconforming,
and may be continued only in accordance with this subsection. A mobile
home occupied for residential use may be replaced with a HUD-Code
manufactured home, in compliance with all development requirements
except minimum living space requirements. A HUD-Code manufactured
home may not be replaced, but the City Council shall have the authority
to permit the expansion of an HUD-Code manufactured home, not to exceed
twenty-five percent (25%) of the existing floor area.
(Ordinance A-358 adopted 7/16/09)
32.1
Purpose
-
Landscaping is accepted as adding value to property
and is in the general welfare of the City. Therefore, landscaping
is hereafter required of new development, except single-family and
agricultural uses, adjacent to public streets. Single-family uses
are generally not required to provide extensive landscaping at the
time of development because they rarely fail to comply with requirements
set forth herein.
32.2
Scope
and Criteria
32.2.1
Standards and Criteria:
The standards and criteria contained
within this section are deemed to be minimum standards and shall apply
to all new, altered, or repaired-construction occurring within the
City, except as provided below. Additionally, any use requiring a
Special Use Permit or a PD zoning designation must comply with these
landscape standards. The provisions of this section shall be administered
and enforced by the City Secretary or his/her designee. The landscape
standards in this section apply only to nonresidential (excluding
agricultural) and multifamily parcels (MH-1, MH-2, & MF).
32.2.2
Enforcement Procedures:
If at any time after the issuance
of a certificate of occupancy, the approved landscaping is found to
be in nonconformance to the standards and criteria of this section,
the City Secretary shall issue notice to the owner, citing the violation
and describing what action is required to comply with this section.
The owner, tenant or agent shall have thirty (30) days from date of
said notice to restore the landscaping as required. If the landscaping
is not restored within the allotted time, such person shall be in
violation of this ordinance.
32.3
Permits
32.3.1
Landscape Plan:
No permits shall be issued for building, paving, grading or construction until a detailed landscape plan is submitted and approved by the City Secretary. A conceptual or generalized landscape plan shall be shown as part of the site plan as required in Section 20. Prior to the issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan.
32.3.2
Temporary Certificate of Occupancy:
In any case in which
a certificate of occupancy is sought at a season of the year in which
the City Secretary determines that it would be impractical to plant
trees, shrubs or grass, or to lay turf, a temporary certificate of
occupancy may be issued. Such temporary permit shall be conditioned
upon the installation of all landscaping required by the landscaping
plan within six (6) months of the date of the approval of the landscape
plan.
32.4
Contents
and Preparation of Landscape Plan:
Landscaping plans shall be prepared by a person knowledgeable
in plant material usage and landscape design (e.g. landscape architect,
landscape contractor or landscape designer) and shall contain the
minimum following information:
(a)
Minimum
scale of one inch (1") equals fifty feet (50').
(b)
Location,
size, and species of all trees to be preserved (do not use “tree
stamps” unless they indicate true size and location of trees).
(c)
Location
of all plant and landscaping material to be used, including plants,
paving, benches, screens, fountains, statues, earthen ponds (to include
depth of water), topography of site, or other landscape features.
(d)
Species
of all plant material to be used.
(e)
Size
of all plant material to be used.
(f)
Spacing
of plant material where appropriate.
(g)
Layout
and description of irrigation, sprinkler, or water systems including
placement of water sources.
(h)
Description
of maintenance provision.
(i)
Person(s)
responsible for the preparation of the landscape plan.
(j)
Mark
indicating North.
(k)
Date
of the landscape plan.
32.5
Maintenance
32.5.1
Requirements:
The owner, tenant and agent, if any, shall
be jointly and severally responsible for the maintenance of all landscaping.
All required landscaping shall be maintained in a neat and orderly
manner at all times. This shall include, but not be limited to, mowing
(grass of six (6) inches or higher), edging, pruning, fertilizing,
watering, weeding, and other such activities common to the maintenance
of landscaping. Landscaped areas shall be kept free of trash, litter,
weeds, and other such material or plants not a part of the landscaping.
All plant material shall be maintained in a healthy and growing condition
as is appropriate for the season of the year. Plant materials which
die shall be replaced with plant material of similar variety and size,
within ninety (90) days. Trees with a trunk diameter in excess of
six (6) inches measured twenty-four (24) inches above ground may be
replaced with ones of similar variety having a trunk diameter of no
less than three (3) inches measured twenty-four (24) inches above
the ground. However, if said landscape areas are above the minimum
required landscape provisions, death of a plant or plant material
which may still result in the requirements of the minimum standards
being met does not necessitate replacement, except as required to
maintain the integrity of the landscaping design. A time extension
may be granted by the City Secretary if substantial evidence is presented
to indicate abnormal circumstances beyond the control of the owner
or his agent.
32.5.2
Failure to Maintain:
Failure to maintain any landscape
area in compliance with this section shall result in the disapproval
and revocation of any issued certificate of occupancy associated with
the occupancy associated with the occupancy [sic] of said area.
32.6
General
Standards
The following criteria and standards shall
apply to landscape materials and installation:
32.6.1
All
required landscaped open area shall be completely covered with living
plant material. Artificial landscaping materials such as wood chips
and gravel may be used under trees, shrubs and other plants.
32.6.2
Plant
materials shall conform to the standards of the American Standard
for Nursery Stock. Grass, seed, sod and other material shall be clean
and reasonably free of weeds and noxious pests and insects.
32.6.3
Trees
shall have an average spread of crown of greater than fifteen (15)
feet at maturity. Trees having a lesser average mature crown of fifteen
(15) feet may be substituted by grouping the same so as to create
the equivalent of fifteen (15) feet crown of spread. Trees shall be
of a minimum of three (3) inches in caliper (measured six (6) inches
above the ground) and seven (7) feet in height at time of planting.
32.6.4
Shrubs
not of the dwarf variety shall be a minimum of two (2) feet in height
when measured immediately after planting. Hedges, where installed,
shall be planted and maintained so as to form a continuous, unbroken,
solid visual screen which will be three (3) feet high within one (1)
year after time of planting.
32.6.5
Vines
not intended as ground cover shall be a minimum of two (2) feet in
height immediately after planting and may be used in conjunction with
fences, screens, or walls to meet landscape screening requirements
as set forth.
32.6.6
Grass
areas shall be sodden [sodded], plugged, sprigged, hydro-mulched or
seeded except that solid sod shall be used in swales, earthen berms
or other areas subject to erosion.
32.6.7
Ground
covers used in lieu of grass in whole and in part shall be planted
in such a manner as to present a finished appearance and reasonably
completed coverage within one (1) year of planting.
32.6.8
All
required landscaped open space shall be provided with adequate and
inconspicuous irrigation systems.
32.6.9
Any
trees preserved on a site meeting the herein specifications may be
credited toward meeting the tree requirement of any landscaping provision
of this section according to the following table:
|
Circumference of Existing Tree
|
Credit Against Tree Requirement
|
|---|---|
|
6" to 8"
|
1.0 tree
|
|
9" to 30"
|
1.5 trees
|
|
31" to 46"
|
2.0 trees
|
|
47" or more
|
3.0 trees
|
Due to their limited height and size, mesquite trees
will receive only fifty (50) percent of the above credit for tree
preservation. All other existing trees may receive credit if they
are approved by the City Secretary. Should any required tree designated
for preservation in the landscape plan die, the owner shall replace
the tree with a three (3) inch minimum caliper tree in accordance
with the credits listed above. Tree circumference shall be measured
four and one-half (4.5) feet above natural grade.
32.6.10
Earthen berms shall have side slopes not to exceed 33.3 percent (three
(3) feet of horizontal distance for each one (1) foot of height).
All berms shall contain necessary drainage provisions as may be required
by the City Secretary.
32.7
Minimum
Landscaping Requirements for Nonresidential Multifamily MH-1, MH-2,
MF
32.7.1
Nonresidential Parcels:
For all nonresidential, MH-1,
MH-2, and MF parcels with less than two hundred fifty (250) feet of
frontage adjacent to a dedicated public right-of-way, at least fifteen
(15%) percent of the street yard shall be permanent landscape area.
Nonresidential and multifamily parcels having two hundred fifty feet
(250') or more of frontage shall have at least twenty percent (20%)
of the street yard in permanent landscape area. A minimum of ten percent
(10%) of the entire site shall be devoted to living landscape which
shall include grass, ground cover, plants, shrubs or trees. The street
yard shall be defined as the area between the building front and the
front property line. For gasoline service stations, a requirement
of a minimum ten (10%) percent landscape area for the entire site,
including a six hundred (600) square foot landscape area at appropriate
intersection corners, if applicable.
32.7.2
Interior Parkways:
A minimum fifteen (15) foot landscape buffer “interior parkway” adjacent to right-of-ways of any street is required. If the lot is a corner lot, two frontages shall be required to observe the fifteen (15) foot buffer. If more than two frontages exist, then the other right-of-way frontages shall be required to have no more than seven and one-half (7.5) feet of landscaped area. Developers shall be required to plant one large tree, as prescribed in Section 32.6.3, per forty (40) linear feet or portion thereof of street frontage. The landscaped portion of interior parkways may be included in the required landscape area percentage. The interior parkway is defined as that area on private property between the street right-of-way line and the curb of the parking area or building area.
32.7.3
Parking Lots Generally:
Landscape areas within parking
lots should generally be at least one parking space in size, with
no landscape area less than fifty (50) square feet in area. There
shall be minimum of (1) tree planted in the parking area for every
four hundred (400) square feet or fraction thereof of landscaped area
in the parking lot. Within parking lots, landscape areas should be
located to define parking areas and assist in clarifying appropriate
circulation patterns. Landscape islands shall be located at the terminus
of all parking rows, and should contain at least one tree. All landscape
areas shall be protected by a monolithic curb or wheel stops and remain
free of trash, liner [litter], and car bumper overhangs. Landscape
areas shall be no less than five (5) feet wide and shall equal a total
of at least sixteen (16) square feet per parking space. There shall
be a landscaped area with at least one (1) tree within sixty (60)
feet of every parking space.
32.7.4
Existing and New Trees:
All existing trees which are
to be preserved shall be provided with a permeable surface under the
existing dripline of the tree. All new trees shall be provided with
a permeable surface under the dripline a minimum of four (4) feet
by four (4) feet.
32.7.5
Frontage of Parking Lots:
At least seventy-five (75)
percent of the frontage of parking lots, adjacent to a public right-of-way,
within the street yard, shall be screened from public streets with
evergreen shrubs obtaining a minimum height of three (3) feet or a
low masonry wall of equal height. Use of a wall for parking lot screening
should be accompanied with landscape planting in the form of low shrubs
and ground cover to soften the appearance of the wall.
32.7.6
Small and Large Trees:
A minimum of fifty (50) percent of the total trees required for the property shall be large trees as specified in section 32.6.3. Small trees shall be used under existing or proposed overhead utility lines.
32.7.7
Necessary Driveways:
Necessary driveways from the public
right-of-way shall be permitted through all required landscaping.
The maximum width for driveways shall be: forty (40) feet for multifamily
and nonresidential two-way movements; thirty (30) feet for multifamily
two-way movements; twenty-five (25) feet for multifamily and nonresidential
one-way movements; and fifteen (15) feet for multifamily one-way movements.
32.7.8
Off-street Parking Area Abutting Adjacent Property Line:
Whenever an off-street parking area or vehicular use area abuts an
adjacent property line, a perimeter landscape area of at least five
(5) feet shall be maintained between the edge of the parking area
and the adjacent property line. Whenever the adjacent property is
used or zoned for residential use, a landscaped area of at least ten
(10) feet shall be provided and planted with one large tree for each
forty (40) linear feet or portion thereof of adjacent exposure.
32.8
Tree
Preservation
32.8.1
Markings and Equipment During Construction:
During any
construction or land development, the developer shall clearly mark
all trees to be maintained and may be required to erect and maintain
protective barriers around all such trees or groups of trees. The
developer shall not allow the movement of equipment or the storage
of equipment, materials, debris or fill to be placed within the dripline
of any trees.
32.8.2
Cleaning Equipment and Waste Disposal During Construction:
During the construction stage of development, the developer
shall not allow cleaning of equipment or material under the canopy
of any tree or group of trees to remain. Neither shall the developer
allow the disposal of any waste material such as, but not limited
to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the
canopy of any tree or groups of trees to remain.
32.9
Sight,
Distance, and Visibility
32.9.1
Compliance:
Rigid compliance
with these landscaping requirements shall not be such as to cause
visibility obstructions and/or blind corners at intersections. Whenever
an accessway abuts the intersection of two (2) or more public rights-of-way,
a triangular visibility area, as described below, shall be created.
Landscaping within the triangular visibility area shall be designed
to provide unobstructed cross-visibility at a level between three
(3) and six (6) feet. Trees may be permitted in this area provided
they are trimmed in such a manner that no limbs or foliage extend
into the cross-visibility area. The triangular areas are:
(a)
The
areas of property located at a corner formed by the intersection of
an accessway and public right-of-way shall have a triangular visibility
area with two (2) sides of each triangle being a minimum of ten (10)
feet in length from the point of intersection and the third side being
a line connecting the ends of the other two (2) sides.
(b)
The
areas of property located at a corner formed by the intersection of
two (2) or more public right-of-ways shall have a triangular visibility
area with two (2) sides of each triangle being a minimum of twenty-five
(25) feet in length from the point of the intersection and the third
side being a line connecting the ends of the other two (2) sides.
32.9.2
Landscaping Location:
Landscaping, except required grass
and low ground cover, shall not be located closer than three (3) feet
from the edge of any accessway pavement.
32.9.3
Other Visibility Obstructions and Conflict:
In the event
other visibility obstructions are apparent in the proposed landscape
plan, as determined by the City Secretary, the requirements set forth
herein may be reduced to the extent to remove the conflict.
(Ordinance A-377 adopted 7/21/11)
33.1
Creation,
Membership and Procedures:
33.1.1
Zoning Board of Adjustment Established:
A Zoning Board
of Adjustment is hereby reestablished in accordance with the provisions
of Texas Local Government Code, § 211.008, as amended, regarding
the zoning of cities and with the powers and duties as provided in
said Code.
33.1.2
Membership:
The members of the City Council shall act
as and carry out all duties of the Zoning Board of Adjustment.
33.1.3
Hearings:
The hearings of the Board shall be public.
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 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.
33.1.4
Meetings:
Regular meetings of the Board shall be held
at such times as the Board may determine. Special meetings of the
Board shall be held at the call of the chairman or at the written
request of two regular members of the Board, or city staff, and said
request to be submitted to the Chairman.
33.1.5
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 vote, and shall
keep records of its examinations and other official actions, all of
which shall be immediately filed in the office of the City Secretary
and shall be public record. The Board shall act by resolution in which
four (4) members must occur [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 the ordinance, and shall furnish
a copy of the same to the Zoning Administrator and 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.
33.2
Powers
and Duties of Board
33.2.1
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, requirement, decision or determination made by an administrative
official of the city of the enforcement of this ordinance.
33.2.2
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:
33.2.2.1
Permit the erection and use a building or the use of premises for
railroads if such uses are in general conformity with the Master Plan
and present no conflict or nuisance to adjacent properties.
33.2.2.2
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 service building is permitted to be located, when
found reasonably necessary for the public health, convenience, safety,
or general welfare.
33.2.2.3
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 effective date of this
ordinance.
33.2.2.4
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 and primary purpose of continuing the nonconforming use is not to continue a monopoly, and provided such reconstruction does not, in the judgment of the Board prevent the return of the property to a conforming use or increase the nonconformity of a nonconforming structure beyond what is permitted by Section 31 of this ordinance. Such actions of the Board shall have due regard for the property rights of persons affected when considered in the right [light] of public welfare, the character of the area surrounding such structure and the conservation, preservation and protection of surrounding properties and their values.
33.2.2.5
Waive or reduce the parking and loading requirements of 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.
33.2.2.6
RESUMPTION OF ABANDONED NONCONFORMING USE
Within the limits prescribed in Section 31.9, the Board may review nonconforming uses which have been abandoned or discontinued to determine whether such uses should be allowed to continue operation. Such action by the Board shall consider any unnecessary hardship on the property owner if the use is discontinued and shall have due regard for the public welfare, character of the area surrounding such use, and the conservation, preservation and protection of surrounding properties and their values.
33.2.2.7
Determine whether an industry should be permitted within the M-1
- Light Industrial District and M-2 - Heavy Industrial District because
[of] the methods by which it would be operated and because of its
effect upon uses within surrounding zoning districts.
33.2.2.8
Rule on all applications on siting of manufactured homes in districts
not so zoned. Approval shall only be allowed in cases of extreme hardship
under guidelines established by the Board.
33.2.3
Limitation on Reapplications:
When the Board has denied
a proposal, no new applications of similar nature shall be accepted
by the Board or scheduled for twelve (12) months after the date of
Board denial, unless the Board’s decision is specifically made
without prejudice. Applications which have been withdrawn at or before
the Board meeting may be resubmitted at any time for hearing before
the Board.
33.2.4
Vote of Four Members Required:
The concurring vote of four members of the Board is necessary
to:
33.3
Appeals
33.3.1
Procedure:
Appeals may be taken to and before the Zoning
Board of Adjustment by any person aggrieved, or by any officer, department,
board or bureau in the city. Such appeal shall be made by filing in
the office of the City Secretary 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 all of the papers constituting
the record from which the action appealed was taken.
33.3.2
Stay of Proceedings:
An appeal shall stay all proceedings
in furtherance of the action appealed from unless the Building Inspector
shall certify to the Zoning Board of Adjustment that, by reason of
facts in the certificate, a stay would cause imminent peril to life
or property, in which case proceedings shall not be stayed otherwise
than by a restraining order which may be granted or [sic] by a court
of equity, after notice to the office from whom the appeal was taken.
33.3.3
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 (200) feet 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. Depositing of such written notice in the mail shall be
deemed sufficient compliance therewith.
33.3.4
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.
33.4
Variances
The Board shall have the power to authorize upon appeal in specific
cases such variances 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:
33.4.1
Permit
a variance in the yard requirements of any district where there are
unusual and practical difficulties or unnecessary hardships in the
carrying out of the provisions due to an irregular shape of the lot
or topographical or other conditions, provided such variance will
not seriously affect any adjoining property or the general welfare.
33.4.2
Authorize,
upon appeal, whenever a property owner can show that a strict application
of the terms of this ordinance relating to the construction or alteration
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 own general purpose and intent, but only when the Board is satisfied
that 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.
33.4.3
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. Except as otherwise provided herein, the Board
shall have, in addition, the following specific powers:
33.4.3.1
To permit the erection and use of a building or the use of premises
for railroads if such uses are in general conformance with the Master
Plan and present no conflict or nuisance to adjacent properties.
33.4.3.2
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.
33.4.3.3
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 effective date of this
ordinance.
33.4.3.4
To 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.
33.4.3.5
To waive or reduce the parking and loading requirements in any of
the districts, when (i) the character or use of the building is such
as to make unnecessary the full provision of parking or loading facilities;
or (ii) when such regulations would impose an unreasonable hardship
upon the use of the lot. The Board shall not waive or reduce such
requirements merely for the purpose of granting an advantage or a
convenience.
33.4.4
A
written application for variance shall be submitted together with
the required fee, accompanied by an accurate legal description, maps,
site plans, drawings and any necessary data, demonstrating:
33.4.4.1
that special conditions and circumstances exist which are peculiar
to the land, structure or building involved and which are not applicable
to other lands, structures, or buildings in the same district;
33.4.4.2
that literal interpretation of the provisions of this ordinance would
deprive the applicant of rights commonly enjoyed by other properties
in the same district under the terms of this ordinance;
33.4.4.3
that the special conditions and circumstances do not result from
the actions of the applicant;
33.4.4.4
that granting the variance requested will not confer on the applicant
any special privilege that is denied by this ordinance to other lands,
structures or buildings in the same district; and
33.4.4.5
no nonconforming use of neighboring lands, structures, or buildings
in the same district and no permitted use of lands, structures, or
buildings in other districts shall be considered grounds for the issuance
of a variance.
33.5
Changes
The Board shall have no authority to change any provisions of
this ordinance and its jurisdiction is limited to hardship and borderline
cases which may arise from time to time. The Board may not change
the district designation of any land either to a more or less restrictive
zone.
It is the intent of this ordinance that all questions of interpretation
and enforcement shall be first presented to the administrative official,
that such questions shall be presented to the Board only on appeal
from the decision of the Building Official and that recourse from
the decisions of the Zoning Board of Adjustment shall be to the courts
as provided by the laws of the State of Texas.
(Ordinance A-358 adopted 7/16/09)
34.1
General
Rules of Construction:
The following rules of construction
shall apply to the interpretation of words used in this ordinance:
34.1.1
words
used in the present tense include the future tense;
34.1.2
words
used in the singular number include the plural number;
34.1.3
words
in the plural number include the singular number;
34.1.4
the
words “building” and “structure” are synonymous;
34.1.5
the
words “lot,” “plot” and “tract”
are synonymous; and
34.1.6
the
word “shall” is mandatory and not discretionary.
34.2
Special
Definitions
Except to the extent a particular provision
specifies otherwise, the following definitions shall apply throughout
this ordinance:
34.2.1
Abutting Property -
Property abutting upon a street
shall also be understood as abutting property on the other side of
the street.
34.2.2
Accessory Use or Building -
A use or building subordinate
to and detached from the main building and used for purposes customarily
incidental to the primary use of the premises.
34.2.3
Adjacent -
Shall mean “next to” or “closest
to” but shall not necessarily mean “touching.”
34.2.4
Alley -
A public space or thoroughfare which affords
only secondary means of access to property abutting thereon.
34.2.6
Antenna, Radio or Television -
The arrangement of wires
or metal rods used in sending and/or receiving of electromagnetic
waves.
34.2.7
Apartment -
A room or suite of rooms in a multifamily
dwelling or apartment house designed or occupied as a place of residence
by a single family, individual or group of individuals.
34.2.8
Apartment House -
Any building or portion thereof, which
is designed, built, rented, leased or let to be occupied as a home
or place of residence by three (3) or more families living in independent
dwelling units.
34.2.9
Area of the Lot or Building Site -
The area shall be
the net area of the lot or site and shall not include portions of
streets and alleys.
34.2.10
Basement -
A building story which is partly underground,
but having a least one-half of its height above the average level
of the adjoining ground. A basement shall not be counted as a story
in computing building height.
34.2.11
[Reserved]
34.2.12
Block -
An area enclosed by streets and occupied by
or intended for buildings; where this word is used [as] a term of
measurement, it shall mean the distance along a side of a street between
the nearest two (2) streets which intersect said street on said side.
34.2.13
Board of Adjustment -
The Zoning Board of Adjustment
of the City of Newark.
34.2.14
Buildable Width -
The width of the building site left
to be built upon after the required side yards are provided.
34.2.15
Building -
Any structure built for the support, shelter
and enclosure of persons, animals, chattels or movable property of
any kind. When subdivided in a manner sufficient to prevent the spread
of fire, each portion so subdivided may be deemed a separate building.
34.2.16
Building, Detached -
A building surrounded by yard or
open space on the same building lot.
34.2.17
Building Ends -
Those sides of a building having the
least dimension as compared to the front or rear of a building. As
used in the building space regulations for multiple-family dwelling,
the term “building end” shall mean the narrowest side
of a building regardless of whether it front[s] upon a street, faces
the rear of the lot or adjoins the side lot line or another building.
34.2.18
Building, Front Of -
The side of a building most nearly
parallel with and adjacent to the front of the lot on which it is
situated.
34.2.19
Building Inspector -
The Building Official or person
charged with the enforcement of the zoning and building codes of the
city.
34.2.20
(Reserved)
34.2.21
Building Line -
A line parallel or approximately parallel
to the street line at a specified distance therefrom constituting
the minimum distance from the street line that a building may be erected.
34.2.22
Building Lot -
A single tract of land located within
a single block which (at 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,” and a number of “building lots” may be cumulated
into one “building lot,” subject to the provisions of
this ordinance.
34.2.23
Building, Main or Primary -
A building in which is conducted
the principal use of the lot on which it is situated.
34.2.24
Building Official -
The Building Inspector.
34.2.25
Canopy -
Any structure of a permanent fixed nature attached
to or independent of the main structure, built and designed for the
purpose of shielding from the elements, persons or chattels or a roof-like
structure of a permanent nature which is supported by or projects
from the wall of a structure.
34.2.26
Cellar -
A building story with more than one-half (1/2)
its height below the average level of the adjoining ground. A cellar
shall not be counted as a story in computing building height.
34.2.27
Certificate of Occupancy and Compliance -
An official
certificate issued by the city through the enforcing official indicating
conformance with or approved conditional waiver from the zoning regulations
and authorizing legal use of the premises for which it is issued.
34.2.28
Contiguous -
Shall mean “touching” or “in
contact.”
34.2.29
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 (1) side open to a street, alley, yard
or other permanent space.
34.2.30
Coverage -
The percent of a lot or tract covered by
the roof or first floor of a building.
34.2.31
Depth of Lot -
The mean horizontal distance between
the front and rear lot lines.
34.2.32
Depth of Rear Yard -
The mean horizontal distance between
the rear line of a building other than an accessory building and the
rear lot line except as modified in the text of any section in this
ordinance.
34.2.33
District -
A section of the city for which the regulations
governing the area, height or use of the land and buildings are uniform.
34.2.34
Duplex -
A building designed for occupancy by two families
living independently of each other within separate units which have
a common wall and are under one roof.
34.2.35
Dwelling Unit -
A building or portion thereof designed
exclusively for residential occupancy, including one (1) family, two
(2) family, and multiple-family dwellings, except for buildings designed
and used as hotels, boarding houses, rooming houses, and motels.
34.2.36
Family -
An individual or group of two or more persons
related by blood, marriage, adoption or guardianship including foster
children, exchange students, and servants together with not more than
two (2) additional persons not related by blood, marriage or adoption
to the previously identified individual or group, living together
as a single housekeeping unit in a dwelling unit or a Family Home
for the Disabled as defined by the Community Homes for Disabled Persons
Location Act, Article 1011n of V.A.C.S., as it presently exists or
may be amended in the future, but not including household care or
rehabilitation care facilities.
34.2.37
Floodplain -
An area of land subject to inundation by
a 100-year frequency flood, as shown on the floodplain map of the
City of Newark. The term “floodplain” is interchangeable
with the term “flood hazard area.”
34.2.38
Floor Area -
The total square feet of floor space within
the outside dimensions of a building including each floor level, but
excluding cellars, carports, garages or porches.
34.2.39
Floor Area Ratio -
The ratio of total building floor
area to lot area.
34.2.40
(Reserved)
34.2.42
Garage Sale -
The sale
of items normally accumulated by a household subject to compliance
with each of the following conditions:
34.2.43
Gross Floor Area -
The gross floor area of a building
shall be measured by taking outside dimensions of the building at
each floor level.
34.2.44
Heavy Load Vehicle (HLV) -
A self-propelled vehicle
having a Manufacturer’s Recommended Gross Vehicle Weight (GVW)
of greater than 11,000 pounds, such as large recreational vehicles,
tractor-trailers, buses, vans, and other similar vehicles. The term
“truck” shall be construed to mean “heavy load vehicle”
unless specifically stated otherwise.
34.2.45
Height -
The vertical distance of a building measured
from the average established grade at the street line or from the
average natural front yard ground level, whichever is higher, to (1)
the highest point of the roof’s surface if a flat surface, (2)
to the deck line of mansard roofs, or (3) to the mean height level
between eaves and edge [ridge] for hip and gable roofs and, in any
event, excluding chimneys, cooling towers, elevator bulkheads, penthouses,
tanks, water towers, radio towers, ornamental cupolas, domes or spires,
and parapet walls not exceeding ten (10) feet. If the street grade
has not be [been] officially established, the average front yard grade
shall be used for a base level.
34.2.46
Industrialized Housing -
A residential structure designed
for use and occupancy by one (1) or more families, constructed in
one (1) or more modular components built at a location other than
the permanent residential site, 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. The term shall not mean or apply to
(a) housing constructed of sectional or panalized systems not utilizing
modular components; or (b) any ready-built home which is constructed
so that the entire living area is contained in a single unit or section
at a temporary location for the purpose of selling it and moving it
to another location.
34.2.47
Landscape Screen -
Plant material of the evergreen variety,
a minimum of six (6) feet in height at the time of installation and
planted on four (4) foot centers. All such landscape screens shall
be permanently maintained. Adequate facilities shall be provided for
permanent watering at the time of installation.
34.2.48
Light Load Vehicles (LLV) -
A self-propelled vehicle
having a Manufacturer’s Recommended Gross Vehicle Weight not
greater than 11,000 pounds, and having no more than two (2) axles,
such as pickup trucks, vans, recreational vehicles, campers and other
similar vehicles, but not including automobiles and motorcycles.
34.2.49
Living Unit -
The room or rooms occupied by a family
and which includes cooking facilities.
34.2.50
(Reserved)
34.2.51
Lot -
An undivided tract or parcel of land under one
(1) ownership having frontage upon a public street or officially approved
place, either occupied or to be occupied by a building or building
group, together with accessory buildings, and used together with such
yards and other open spaces as are required by this ordinance, which
parcel of land is designated as a separate and distinct tract and
is identified by a tract or lot number or symbol in a duly approved
subdivision plat of record.
34.2.52
Lot, Corner -
A lot abutting upon two (2) or more streets
at their intersection or upon two (2) parts of the same street forming
an interior angle of less than 135 degrees. A corner lot shall be
deemed to front on that street on which it has its least dimension,
unless otherwise specified by the Building Inspector.
34.2.53
Lot Coverage -
The percentage of the total area of a
lot occupied by the base (first story of [or] floor) of a building
located on the lot or the area determined as the maximum cross-sectional
area of the building.
34.2.54
Reserved for future use.
34.2.55
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.
34.2.56
Lot Line, Rear -
That boundary of a building lot which
is most distant from or is most nearly parallel to the front lot line.
34.2.57
Lot Line, Side -
That boundary of a building lot which
is not a front lot line or a rear lot line.
34.2.58
Lot Lines -
The line bounding a lot as defined herein.
34.2.59
Lot of Record -
A lot which is part of a subdivision,
a plat of which has been recorded in the office of the county clerk
of Wise County; or a parcel of land the deed for which is recorded
in the office of the county clerk of Wise County prior to the adoption
of this ordinance.
34.2.60
(Reserved)
34.2.61
Lot or Building Site -
Land occupied or to be occupied
by a building and its accessory building, and including such open
spaces as are required under this ordinance, and having its principal
frontage upon a public street or officially approved place.
34.2.62
Lot Width -
The width of a lot at the front building
lines.
34.2.63
Main Building -
The building or buildings on a lot which
are occupied by the primary use.
34.2.64
Manufactured Home (HUD-Code) Park -
Any tract of land,
under single ownership, of not less than one-half (1/2) acres and
not more than ten (10) acres, approved for occupancy by manufactured
housing and accessory structures related thereto and designed and
operated in accordance with standards herein set forth or as set forth
in any other ordinance of the City of Newark relating to the location,
use, construction, operation or maintenance of manufactured housing.
34.2.65
Manufactured Home (HUD-Code) Subdivision -
A tract of land of not less than two (2) acres to be used as a location primarily for owner-occupied HUD-Code manufactured homes and which has been final platted of record in its entirety in accordance with the City of Newark Subdivision Regulations and in accordance with the Section 25 of this ordinance.
34.2.66
Manufactured Modular Homes -
“Modular Home”
means a structure or building module as defined by statute and under
the jurisdiction and control of the Texas Department of Labor and
Standards, installed and used as a residence by a consumer, transportable
in one (1) or more sections on a temporary chassis or other conveyance
device, and designed to be used on a permanent foundation system.
The term includes the plumbing, heating, air conditioning, and electrical
systems contained in the structure. The term does not include a mobile
home as defined by statute; nor does it include building modules incorporating
concrete or masonry as the primary structural component.
34.2.67
Manufacturing Processes -
Uses restricted from other
zoning districts but permitted in the M-1 and M-2 districts under
this definition are manufacturing and industrial uses which do not
emit dust, smoke, odor gas, fumes, or present a possible hazard beyond
the bounding property lines of the lot or tract upon which the use
or uses are located, and which do not generate noise or vibration
at the boundary of the lot or tract which is generally perceptible
in frequency or pressure above the ambient level of noise or vibration
in the adjacent area.
34.2.68
Mobile Home Park -
See Manufactured Home (HUD-Code)
Park.
34.2.69
Mobile Home Subdivision -
See Manufactured Home (HUD-Code)
Subdivision.
34.2.70
(Reserved)
34.2.71
Nonconforming Building or Use -
A building, structure
or use of land lawfully occupied at the time of the effective date
of this ordinance or amendments thereto, and which does not conform
to the use regulations of the district in which it is located.
34.2.72
Occupancy -
The use or intended use of the land or buildings
by proprietors or tenants.
34.2.73
Off-Street Parking Incidental to Main Use -
Off-street
parking spaces provided in accordance with the requirements specified
by this ordinance and located on the lot or tract occupied by the
main use or within two hundred (200) feet of such lot or tract and
located within the same zoning district as the main use or in an adjacent
parking district.
34.2.74
Off-Street Parking Space -
An area for the temporary storage of an automobile which shall be permanently reserved for such purpose and which shall not be within or on any public street, alley or other right-of-way. (See Section 26 for detailed descriptions and regulations.)
34.2.75
Open Space -
Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches and plant material. Also see “Usable Open Space” (Section 34.2.101).
34.2.76
Open Storage -
The storage of any equipment, machinery,
commodities, raw, semi-finished 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 (6)
feet above ground level, for more than twenty-four (24) hours.
34.2.77
Parking Space -
An all-weather surfaced area used for
parking a vehicle, not on a public street or alley, together with
an all-weather surfaced driveway connecting the area with a street,
permitting free ingress and egress without encroachment on the street.
34.2.78
(Reserved)
34.2.79
Plat -
A plan of a subdivision of land creating building
lots or tracts and showing all essential dimensions and other information
essential to comply with the subdivision standards of the City of
Newark and subject to approval by the City Council.
34.2.80
(Reserved)
34.2.81
Radio, Television and Microwave Towers -
Structures
supporting antenna for transmitting or receiving any portion of the
radio spectrum but excluding noncommercial antenna installations for
home use of radio or television.
34.2.82
Residence -
Same as dwelling; when used with district,
an area of residential regulations.
34.2.83
Residential District -
Any zoning district included
in this ordinance in which residential use constitutes the primary
permitted use classification, including the SF-E, SF-1, SF-2, MF,
MH-1 and MH-2 district classification.
34.2.84
Room -
A building or portion of a building which is
arranged, occupied, or intended to be occupied as living or sleeping
quarters, but not including toilet or cooking facilities.
34.2.85
Screening Device -
See “Landscape Screen.”
34.2.86
Setback -
The minimum horizontal distance between the
front wall of any projection of the building, excluding steps and
unenclosed porch and the side street.
34.2.87
Sign -
An outdoor advertising device that is a structure,
or that is attached to or painted on a building, or that is leaned
against a structure for display on premises.
34.2.88
Site Plan -
A detailed
line drawing, to scale, showing scale used, north arrow, date and
title of project, clearly describing the project and showing the following
information:
a)
Property
lines, location and widths of all streets, alleys and easements.
b)
Proper
dimensions on all fundamental features such as lots, buildings, parking
spaces and landscaped areas.
c)
The
location of setback lines, driveway openings and sidewalks.
d)
All
proposed buildings, freestanding sign locations, parking areas and
open spaces.
e)
All
required landscaping, together with a description of type of material
to be used.
f)
A
cross-section of any required or proposed screening.
g)
Total
square footage of the development lot; total square footage of proposed
structures; total footage of landscaped areas; total percentage of
coverage; density of floor area ratio where applicable; height of
all structures; number of parking spaces; square footage and design
features of all signs; and solid waste collection facilities.
h)
Name,
address and telephone number of the proponent.
34.2.89
Story -
The height between the successive floors of
a building from the top floor to the roof. The standard height for
a story is eleven (11) feet, six (6) inches.
34.2.90
Street -
Any thoroughfare or public driveway, other
than an alley, more than thirty (30) feet in width, which has been
dedicated or deeded to the public or public use.
34.2.91
Street Line -
A dividing line between a lot, tract or
parcel of land and a contiguous street; the right-of-way.
34.2.92
Street, Local or Residential -
A street designed to
serve properties abutting and in the immediate vicinity of the street,
having a minimum right-of-way width of fifty (50) feet in single-family
residential districts and seventy-five (75) feet in all other districts.
34.2.93
Street, Major -
A street designed to serve the entire
community or substantial portions of the community, as well as traffic
of non-local origin and destination, having a minimum right-of-way
width of one hundred (100) feet.
34.2.94
Street, Secondary or Collector -
A street designed to
serve an area roughly one quarter (1/4) mile distant from each side
of the street, having minimum right-of-way width of seventy-five (75)
feet.
34.2.95
Structural Alterations -
Any change in the supporting
member of a building, such as a bearing wall, column, beams or girders.
34.2.96
Structure -
(Same as Building.)
34.2.97
Swimming Pool (Private) -
A swimming pool constructed
for the exclusive use of the residents of a single-family, two-family
or apartment dwelling and located within the required side or rear
yards; however, a pool shall not be located closer than eight (8)
feet to any property line.
34.2.98
Tennis Court (Private) -
A surface designed and constructed
for playing the game of tennis along with all fencing, nets and related
appurtenances but excluding lighting for night play in residential
areas except as may be otherwise provided or restricted by the Specific
Use Permit.
34.2.99
Thoroughfare -
(Same as Street.)
34.2.100
Two-Family Dwelling -
A building designed for occupancy
by two families living independently of each other within separate
units which have a common wall and are under one roof.
34.2.101
Usable Open Space -
An open area which is designed and
intended to be used for outdoor living and/or recreation. An area
of common usable open space shall have a slope not exceeding ten percent
(10%), shall have no dimension of less than ten (10) feet, and may
include landscaping, walks, water features and decorative objects.
Usable open space shall not include rooftops, accessory buildings,
parking areas, driveways, turnaround areas, or right-of-way or easement
for streets or alleys.
34.2.102
Variance -
An adjustment in the application of the specific
regulations of the Zoning Ordinance to a particular parcel of property
which, because of special conditions or circumstances peculiar to
the particular parcel, is necessary to prevent the property from being
deprived of rights and privileges enjoyed by other parcels in the
same vicinity and zoning district.
34.2.103
Wholesale -
The sale of goods, merchandise, services
and/or commodities for resale by the purchaser and does not offer
retail sales to the general public.
34.2.104
Yard -
An open space, other than a court, on the lot
in which a building is situated and which is not obstructed from a
point forty (40) inches above the general ground level of the graded
lot to the sky, except as provided for roof overhang and similar special
architectural features and plant material.
34.2.104a
Yard, Front -
An open, unoccupied space
on a lot facing a street extending across the front of a lot between
the side lot lines and from the main building to the front lot or
street line with the minimum horizontal distance between the street
line and the main building line as specified for the district in which
it is located.
34.2.104b
Yard, Rear -
An open, unoccupied space,
except for accessory buildings as herein permitted extending across
the rear of a lot from one (1) side lot line to the other side lot
line.
34.2.104c
Yard, Side -
An open, unoccupied space
or spaces on one (1) side or two (2) sides of a main building and
on the same lot with the building, situated between the building and
a side line of the lot and extending through from the front yard to
the rear yard. Any lot line not the rear line or front line shall
be deemed a side line.
34.2.105
Zoning District Map -
The official certified map upon
which the boundaries of the various zoning districts are drawn.
34.2.106
Zoning Ordinance -
This ordinance containing land use
regulations for the City of Newark.
(Ordinance A-358 adopted 7/16/09)
35.1
General
Requirements
No permanent structure may be constructed
or otherwise located within the city limits prior to issuance of a
Building Permit by the Building Inspector. No permanent structure
constructed or otherwise located within the city limits may be occupied
prior to issuance of a Certificate of Occupancy by the Building Inspector.
No change in the existing conforming use of a permanent structure,
or of land to a use of a different classification under this ordinance,
and no change in the legally conforming use of a permanent structure
or of land may take place prior to issuance of a Certificate of Occupancy
by the Building Inspector.
35.2
Procedure
for New or Altered Buildings
Plans for any permanent
structure to be constructed or otherwise located within the city limits
must be approved by the Building Inspector who, upon approval, shall
issue a Building Permit. A complete application for a Building Permit
shall contain details of foundation and structure sufficient to determine
compliance with applicable provisions of the Building Code. Upon submission
of a complete application, the Building Inspector shall issue a Building
Permit. After issuance of a Building Permit and prior to issuance
of a Certificate of Occupancy, the Building Inspector shall conduct
a foundation, plumbing, electrical and framing inspection. After such
inspection, the Building Inspector shall issue a Certificate of Occupancy
if the plans and the results of the inspection comply with the provisions
of all applicable ordinances and regulations.
35.3
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 with [within]
ten (10) days after the application for same has been made.
35.4
Contents
of Certificate of Occupancy
Every Certificate of Occupancy
shall state that the building or the proposed use of a building or
land complies with all provisions of the building and fire laws and
ordinances. 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.
35.5
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. Issuance of a temporary certificate shall not be construed
to alter 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.
35.6
Certificates
for Nonconforming Uses
A Certificate of Occupancy shall
be required for all lawful nonconforming uses of land or buildings
created by adoption of this ordinance. Application for such Certificate
of Occupancy for a nonconforming use shall be filed with the Building
Inspector by the owner or lessee of the building or land occupied
by such nonconforming use within one (1) year of the effective date
of this ordinance. It shall be the duty of the Building Inspector
to issue a Certificate of Occupancy for a lawful nonconforming use,
but failure to apply for such Certificate of Occupancy for a nonconforming
use shall be evidence that said nonconforming use was either illegal
or did not lawfully exist at the effective date of this ordinance.
(Ordinance A-358 adopted 7/16/09)
36.1
Declaration
of Policy
The City declares the enactment of these regulations
governing the use and development of land, buildings, and structures
to be a measure necessary to the orderly development of the community.
Therefore, no change shall be made in these regulations or in the
boundaries of the zoning districts except:
36.2
Authority
to Amend Ordinance
The City Council may from time to
time, after public hearings required by law, amend, supplement, or
change the regulations herein provided or the classification or boundaries
of the zoning districts. Any amendment, supplement, or change to the
text of the Zoning Ordinance and/or the zoning map [or] any change
in the classification or boundaries of the zoning districts may be
ordered for consideration by the City Council, may be initiated by
the City Council, or may be requested by the owner of the affected
real property or the authorized representative of an owner of affected
real property.
36.3
Public
Hearing and Notice
36.3.1
Upon
filing of an application for an amendment to the zoning ordinance
and map, the City Council shall hold a public hearing on said application.
36.3.2
Written
notice of the public hearing before the City Council shall be sent
to the owner of the property or his agent and to all owners of real
property lying within two hundred (200) feet of the property on which
the change in classification is proposed, such notice, mailed first-class
return receipt requested, to be given not less than thirty (30) days
before the date of such hearing, to all owners who have rendered their
said property for City taxes as the ownership appears on the last
approved City tax roll. Such notice may be served by depositing the
same, properly addressed and postage paid, in the City Post Office.
Where property lying within two hundred (200) feet of the property
proposed to be changed is located in territory which was annexed to
the City after the final date for making the renditions which are
included on the last approved City tax roll, notice to such owners
shall be given by one publication in the official newspaper at least
thirty (30) days before the time of the hearing if the addresses of
such owners cannot be ascertained by other means. Also, the City Secretary
may have the property, lot or tract posted with a sign at least eighteen
(18) by twenty-four (24) inches in size which shall state “Zoning
Change Requested for Information call City Hall” and the telephone
number shall be listed. Failure of owners to receive notice of hearing
shall in no way affect the validity of the action taken.
36.4
Action
of the City Council
36.4.1
The
City Council may adopt or refuse to adopt the amendment by a simple
majority vote of the Councilmen present and voting. In the event of
a tie vote of the city council members present, the Mayor may cast
the deciding vote.
36.4.2
In
the case of a protest against an amendment to the ordinance signed
by the owners of twenty percent (20%) or more either of the area of
the lots or land immediately adjoining the area included in the proposed
change and extending two hundred (200) feet from that area, such amendment
shall not become effective except by an affirmative vote of at least
three-fourths of all members of the City Council of the City of Newark.
36.4.3
In
making its determination, the City Council shall consider the following
factors:
36.4.3.1
Whether the uses permitted by the proposed change will be appropriate
in the immediate area concerned and their relationship to the general
area and the city as a whole.
36.4.3.2
Whether the proposed change is in accord with any existing or proposed
plans for providing public schools, streets, water supply, sanitary
sewers and other utilities to the area and shall note the findings.
36.4.3.3
The amount of vacant land currently classified for similar development
in the vicinity and elsewhere in the city, and any special circumstances
which may make a substantial part of such vacant land unsuitable for
development.
36.4.3.4
The recent rate at which land is being developed in the same zoning
classification as the request, particularly in the vicinity of the
proposed changes.
36.4.3.5
The manner in which other areas designated for similar development
will be, or are likely to be, affected if the proposed amendment is
approved, and whether such designation for other areas should also
be modified.
36.4.3.6
Any other factors which will substantially affect the public health,
safety, morals or general welfare.
36.4.4
In
considering a motion to deny a zoning application, or upon voting
to deny a zoning application, the City Council shall further consider
whether said application shall be denied with or without prejudice
against refiling. If the City Council shall deny the application and
fail to clearly state the same is being denied with prejudice, then
it shall be deemed that said application is being denied without prejudice
against refiling. If an application is denied with prejudice, no application
may be filed for all or part of the subject tract of land for a period
of one (1) year from the date of denial by the City Council. If it
is determined by the City Council that there has been a sufficient
change in circumstances regarding the property or in the zoning application
itself, it may waive the waiting period and grant a new hearing. Newly
annexed land which has been given Agricultural zoning is exempt from
the one (1) year waiting period.
36.5
Effect
of Denial of Petition
Subject to subsection 36.4.4, in case the application for an amendment to the Zoning Ordinance is denied by the City Council, said application shall not be eligible for reconsideration for one (1) year subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the City Council, to be eligible for consideration within one (1) year of the denial of the original application.
In the event of a reapplication affecting the same land is for
a zone that will permit the same use of the property as that which
would have been permitted under the denied application, the same shall
not be considered to be substantially different from the application
denied.
36.6
Final
approval and Ordinance Adoption
If the amending ordinance
is not approved within six (6) months from the time of its original
consideration, the zoning request, at the option of the City Council,
may be recalled for a new public hearing.
36.7
Changes
in Zoning Regulations
Amendments to the Zoning Ordinance
not involving a particular property but involving change in the zoning
regulations generally do not require notice to individual property
owners. In such cases, notice of the required public hearing shall
be given by publication in the official newspaper of the city, stating
the time and location of the public hearing, which time shall not
be earlier than fifteen (15) days from the date of such publication.
(Ordinance A-358 adopted 7/16/09)
The City Council shall establish a schedule of fees, charges,
and expenses, and a collection procedure for building permits, certificates
of zoning compliance, appeals, and other matters pertaining to this
ordinance. The schedule shall be posted in the office of the administration
official and may be altered or amended only by the City Council.
No permits, certificates, special exception, or variance shall
be issued unless and until such costs, charges, fees, or expenses
have been paid in full, nor shall any action [be] taken on proceedings
before the Board of Adjustment unless or until preliminary charges
and fees have been paid in full.
The exact charge for the following services will be established
by separate ordinance:
a.
For docketing
a zoning petition with the City Council of the City of Newark.
b.
For docketing
an application for relief with the Board of Adjustment of the City
of Newark.
(Ordinance A-358 adopted 7/16/09)
Any person or corporation violating any of the provisions of
this ordinance shall upon conviction be fined a sum not to exceed
two thousand dollars ($2000.00) per day and each and every day that
the provisions of this ordinance are violated shall constitute a separate
and distinct offense. In addition to the said penalty provided for,
the right is hereby conferred and extended upon any property owner
owning property in any district where such property owner may be affected
or invaded by a violation of the terms of the ordinance to bring suit
in such court or courts having jurisdiction thereof and obtain such
remedies as may be available at law and equity in the protection of
the rights of such property owners.
(Ordinance A-358 adopted 7/16/09)
If any section, paragraph, subdivision, clause, phrase or provision
of this ordinance shall be adjudged invalid or held unconstitutional,
the same shall be severed from and shall not affect the validity of
this ordinance as a whole or any part or provision thereof other than
the part so dedicated to be invalid or unconstitutional. To the extent
any provision of this ordinance conflicts with other ordinances of
the City of Newark the terms of this ordinance shall control.
(Ordinance A-358 adopted 7/16/09)
This ordinance shall be effective upon the posting and/or publication
of its caption as required by law and the City Secretary is hereby
directed to implement such posting and/or publication.
(Ordinance A-358 adopted 7/16/09)
