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)
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conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinance are hereby repealed.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.
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.
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. |
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.
The City Council may reduce the setbacks and separation requirements if the purposes of this section would be better served thereby. |
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:
Number of Bedrooms or Sleeping Rooms | Usable Open Space Requirement |
|---|---|
1 or Less | 600 Sq. Ft. |
Each Additional Bedroom Over 1 | 300 Sq. Ft. |
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)