ORDINANCE NO. 173
AN ORDINANCE CREATING THE BASIC ZONING ORDINANCE NO. 173 OF
THE CITY OF ITALY, TEXAS, AS PASSED AND APPROVED BY THE CITY COUNCIL
ON THE 7th DAY OF JUNE, 1988 AND ENACTING THE ORDINANCE ESTABLISHING
AND PROVIDING FOR ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE
WITH AN APPROVED COMPREHENSIVE PLAN (RESOLUTION NUMBER 5071, JULY
7, 1987); REGULATING WITHIN SUCH DISTRICTS THE HEIGHT OF BUILDINGS
AND STRUCTURES, SIZE OF YARDS, COURTS AND OPEN SPACES, THE HEIGHT,
BULK AND USE OF BUILDINGS AND LAND FOR TRADE, INDUSTRY, RESIDENCE
AND OTHER PURPOSES; PROVIDING FOR SPECIFIC USE PERMITS; SPECIFYING
MINIMUM REQUIREMENTS FOR OFF-STREET PARKING OF MOTOR VEHICLES AND
OFF-STREET LOADING AREAS; REGULATING THE DENSITY OF DWELLINGS AND
OTHER STRUCTURES AND THE PERCENTAGE OF A LOT THAT MAY BE OCCUPIED
BY STRUCTURES; ESTABLISHING THE BASIS FOR CREATING A BUILDING SITE,
PROVIDING FOR SITE PLAN APPROVAL; CREATING REGULATIONS FOR
THE PLACEMENT OF ACCESSORY BUILDINGS; PROVIDING FENCE AND WALL
REGULATIONS; PROVIDING SPECIAL ACCESS STANDARDS; ADOPTING A ZONING
DISTRICT MAP AND MAKING IT A PART OF THIS ORDINANCE, TOGETHER WITH
ALL SYMBOLS, MARKINGS AND TABLES APPEARING ON SAID MAP AND IN THE
ORDINANCE; CREATING A PLANNING AND ZONING COMMISSION; CREATING A BOARD
OF ADJUSTMENT AND DEFINING ITS POWERS AND DUTIES; PROVIDING A PENALTY
FOR VIOLATION; PROVIDING FOR NONCONFORMING USES AND A METHOD OF DISCONTINUANCE
THEREOF; DEFINING CERTAIN ITEMS; SPECIFYING APPENDIX ILLUSTRATIONS;
CREATING A PENALTY CLAUSE PROVIDING FOR A PENALTY NOT TO EXCEED ONE
THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; PROVIDING A SAVINGS
CLAUSE AND PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS
UNDER THE EXISTING ORDINANCE.
WHEREAS, under the laws of the State of Texas, Article 1011a-j,
Texas Revised Civil Statutes, authority is conferred upon the City
of Italy to establish zoning districts within the City for the purpose
of regulating the use of land in accordance with a Comprehensive Plan
and controlling the density of population to the end that congestion
may be lessened in the public streets and that the public health,
safety, convenience and general welfare be promoted; and,
WHEREAS, City Council thoroughly studied and did recommend that
a public hearing be held by the City Council concerning creation of
the Zoning Ordinance; and,
WHEREAS, pursuant to such recommendation, a public hearing was
held on April 26, 1988 after written notice was mailed to all owners
of real property as their names appeared upon the last approved tax
roll, at least fifteen days before the date set for hearing in accordance
with Article 1011e, Texas Revised Civil Statutes and notice was published
in a paper of general circulation in the City of Italy in accordance
with Article 1011d, Texas Revised Civil Statutes; and,
WHEREAS, after public hearing and review of all testimony and
requests, the City Council recommends the Zoning Ordinance in its
final form for adoption:
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF ITALY, TEXAS:
That the Zoning Ordinance of the City of Italy, Texas, as passed
and approved on the 7th day of June, 1988, in its entirety to read
as follows:
(Ordinance 173 adopted 6/7/88)
THE ZONING REGULATIONS AND DISTRICTS AS HEREIN ESTABLISHED HAVE
BEEN MADE IN ACCORDANCE WITH AN ADOPTED COMPREHENSIVE PLAN FOR THE
PURPOSE OF PROMOTING THE HEALTH, SAFETY, MORALS AND GENERAL WELFARE
OF THE CITY. THEY HAVE BEEN DESIGNED TO LESSEN THE CONGESTION IN THE
STREETS; TO SECURE SAFETY FROM FIRE, PANIC AND OTHER DANGERS; TO INSURE
ADEQUATE LIGHT AND AIR; TO PREVENT THE OVERCROWDING OF LAND, TO AVOID
UNDUE CONCENTRATION OF POPULATION; TO FACILITATE THE ADEQUATE PROVISION
OF TRANSPORTATION, CIRCULATION, WATER, SEWERAGE, SCHOOLS, PARKS, AND
OTHER PUBLIC REQUIREMENTS. THEY HAVE BEEN MADE WITH REASONABLE CONSIDERATION,
AMONG OTHER THINGS, FOR THE CHARACTER OF THE 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 173 adopted 6/7/88)
THE BOUNDARIES OF ZONING DISTRICTS SET OUT HEREIN ARE DELINEATED
UPON A ZONING DISTRICT MAP OF THE CITY, ADOPTED AS PART OF THIS ORDINANCE
AS FULLY AS IF THE SAME WERE SET FORTH HEREIN IN DETAIL.
3.1
One original
of the Zoning District Map shall be filed in the office of the City
Secretary and labeled as “Exhibit A.” This copy shall
be the official Zoning District Map and shall bear the signature of
the Mayor and attestation of the City Secretary. This copy shall not
be changed in any manner. In case of any question, this copy, together
with amending ordinances, shall be controlling[.]
3.2
An additional
copy of the original Zoning District Map shall be placed in the office
of the Secretary. The copy shall be used for reference and shall be
maintained up-to-date by posting thereon all subsequent amendments.
Reproductions for informational purposes may be made of the official
Zoning District Map[.]
(Ordinance 173 adopted 6/7/88)
4.1
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:
A.
Boundaries
indicated as approximately following the centerlines of streets, highways
or alleys shall be construed to follow such centerlines.
B.
Boundaries
indicated as approximately following platted lot lines shall be construed
as following such lot lines.
C.
Boundaries
indicated as approximately following city limits shall be construed
as following city limits.
D.
Boundaries
indicated as following railroad lines shall be construed to be midway
between the right-of-way lines.
E.
Boundaries
indicated as following shorelines shall be construed to follow such
shorelines, and in the event of change in the shoreline shall be construed
as moving with the actual shoreline; boundaries indicated as approximately
following the centerlines of all bodies of water shall be construed
to follow such centerlines, and in the event of change in the centerline,
shall be construed to move with such centerline.
F.
Boundaries
indicated as parallel to or extensions of features indicated in Subsections
A through E above shall be so construed. Distances not specifically
indicated on the original zoning maps shall be determined by the scale
of the map.
G.
Whenever any
street, alley, or other public way is vacated by official action of
the City Council or whenever such 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 by subject to all regulations of
the extended districts[.]
H.
The zoning
classification applied to a tract of land adjacent to a street shall
extend to the centerline of the street, unless as a condition of zoning
approval, it is stated that the zoning classification shall not apply
to the street.
I.
Where physical
features on the ground are at variance with information shown on the
official zoning district map or when there arises a question as to
how or whether a parcel of property is zoned and such question cannot
be resolved by the application of Subsections A through I, the property
shall be considered as classified, AG, Agricultural District, in the
same manner as provided for newly annexed territory.
J.
For exact
legal descriptions refer to adopting ordinances for each particular
permanent zoning change.
(Ordinance 173 adopted 6/7/88)
All land, buildings, structures or appurtenances thereon located
within the City of Italy, Texas, 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.
(Ordinance 173 adopted 6/7/88)
All territory hereinafter annexed to the City of Italy shall be temporarily classified as “AG”, Agricultural District, until permanent zoning is established by the City Council of the City of Italy. The procedure for annexation shall be in conformance with Article 970a, V.A.C.S., Municipal Annexation Act. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law and Section 33 of this Ordinance.
6.1
In an area
temporarily classified as “AG”, Agricultural District:
A.
No person
shall erect, construct, 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 Italy without first applying for
and obtaining a Building Permit or Certificate of Occupancy from the
City Secretary or the City Council as may be required.
B.
No permit
for the construction of a building or use of land shall be issued
by the City Secretary other than a permit which will allow the construction
of a building permitted in the “AG”, Agricultural District,
unless and until such territory has been classified in a zoning district
other than the “AG”, Agricultural District, by the City
Council in the manner prescribed by law except as provided in 6-1-C
following.
C.
An application
for a permit for any other use than that specified in paragraph B.
above shall be made to the City Secretary of the City of Italy and
within three (3) months after annexation and referred to the Planning
and Zoning Commission for consideration and recommendation to the
City Council. The action and recommendation of each body concerning
any such permit shall take into consideration the appropriate land
use for the area. The City Council, after receiving and reviewing
the recommendations of the Planning and Zoning Commission may, by
majority vote, authorize the issuance of a Building Permit or Certificate
of Occupancy or may disapprove the application pending permanent zoning.
(Ordinance 173 adopted 6/7/88)
7.1
The City of
Italy, Texas, is hereby divided into fourteen (14) zoning districts.
The use, height and area regulations as set out herein are uniform
in each district. The districts established herein shall be known
as:
|
Abbreviated Designation
|
Zoning District Name
|
|---|---|
|
AG
|
Agricultural District
|
|
RE
|
Residential Estate District
|
|
SF-1
|
Single-Family Residential District - 1
|
|
SF-2
|
Single-Family Residential District - 2
|
|
SF-3
|
Single-Family Residential District - 3
|
|
2F
|
Two-Family Residential District
|
|
MF-1
|
Multiple-Family District - 1
|
|
MH
|
Mobile Home District
|
|
CBD
|
Central Business District
|
|
R-1
|
Retail District - 1
|
|
CH
|
Commercial Highway District
|
|
C
|
Commercial District
|
|
LI
|
Light Industrial District
|
|
PD
|
Planned Development District
|
7.2
AG - Agricultural District:
RE - Residential Estate District:
SF-1 - Single-Family Residential District - 1:
SF-2 - Single-Family Residential District - 2:
SF-3 - Single-Family Residential District - 3:
2F - Two-Family Residential District
MF-1 - Multiple-Family Dwelling District - 1:
MH - Mobile Home Park District:
CBD - Central Business District:
R-1 - Retail District 1:
CH - Commercial Highway District:
C - Commercial District:
LI - Light Industrial District:
PD - Planned Development District:
DEFINITIONS
AND PURPOSE OF ZONING DISTRICTS
This District provides for the continuance of farming, ranching
and gardening on land now utilized for these purposes. When land in
the “AG” category is needed for urban purposes, it is
anticipated the zoning will be changed to the appropriate zoning categories
to provide for orderly growth and development in accordance with the
Comprehensive Plan.
This District is intended to be composed of single-family
detached dwellings on lots of not less than twenty-two thousand square
feet (22,000 sq. ft.).
This District is intended to be composed of single-family
detached dwellings on lots of not less than nine thousand square feet
(9,000 sq. ft.).
This District is intended to be composed of single-family
detached dwellings on lots of not less than seven thousand, five hundred
square feet (7,500 sq. ft.).
This District is intended to be composed of single-family
detached dwellings on lot of not less than six thousand square feet
(6,000 sq. ft.).
- The 2F Dwelling District is designed to provide for a
low-density dwelling classification in the form of two-family or duplex
dwellings and to facilitate and encourage individual ownership of
each unit.
This District is intended to be comprised of attached dwellings
for more than two families. The maximum density is eighteen (18) dwelling
units per acre.
This District is intended for the management and maintenance
of a Mobile Home Park, recreational building, swimming pool, private
club, laundry and storage facilities for the use of residents of the
mobile home park.
The Central Business District is established to accommodate
the existing development in the central downtown area of the City,
and to protect the character of the area by recognizing the unique
characteristics of the downtown and its space limitations.
This District provides for areas of convenience shopping
and other residential service-oriented businesses.
This District is intended to provide for uses oriented to
Interstate Highway 35 that would not be appropriate for other areas
of the City.
This District concentrates business, warehouse and service
activities not normally located within retail service centers.
The LI Light Industrial District provides for a wide range
of commercial and industrial uses, all of which should be comparatively
nuisance free. The District specifically excludes residences on the
basis that the mixture of residential use and public services and
facilities for residences with those for industry is contrary to the
purpose of these regulations.
This District is intended to provide flexibility in the
planning and construction of development projects by allowing a combination
of land uses and development not allowed in other zoning districts
of the City under a uniform plan that protects contiguous land uses
and preserves significant natural features.
(Ordinance 173 adopted 6/7/88; Ordinance 040706, sec. 1, adopted 7/13/04; Ordinance 040706, sec. 2, adopted 7/13/04)
8.1
General Purpose
and Description:
This District is intended to provide
a location for land situated on the fringe of an urban area and used
for agricultural purposes, but may become an urban area in the future.
Generally, the “AG”, Agricultural District, will be near
development; therefore, the agricultural activities conducted in the
“AG”, Agricultural District, should not be detrimental
to urban land uses. The types of uses and the area and intensity of
uses permitted in this District shall encourage and protect agricultural
uses until urbanization is warranted and the appropriate change in
district classification is made. The “AG”, Agricultural
District is also intended to protect areas that may be unsuitable
for development because of physical problems or potential health or
safety hazards such as flooding, as well as providing for a system
of permanent greenbelts to preserve natural areas and open space buffers.
8.2
Permitted
Uses:
1.
Single-family
dwellings, pertaining to agricultural operations, on building lots
of three (3) acres or more in area where said dwellings can be adequately
served by water wells and septic tanks located on the building lot
2.
Farm, ranch,
and agricultural operations, including field crops or orchards, horticulture,
animal husbandry, subject to the rules and regulations of the State
Health Department, but not including feedlots, poultry farms, and
kennels
3.
Park, recreation,
and open space areas operated by the City of Italy
4.
Recreational
areas operated by public, charitable or religious organizations
5.
All municipally
owned or controlled facilities, utilities and uses
6.
Servant’s
quarters and quarters used by bona fide farm workers, or other accessory
buildings such as barns, sheds, and other structures necessary for
farming operations may be permitted, provided however, that no such
accessory building or quarters to be used by servants or farm workers
shall be occupied as a place of abode or dwelling by anyone other
than a bona fide servant or farm worker and actually and regularly
employed by the land owner or occupant of the main building
7.
Accessory
Uses, which shall include the following where the primary use is residential:
a.
Customary
home occupation, such as dressmaking, babysitting, seamstress, tailoring,
millinery, tutoring, when engaged in by members of the resident family
and employing not more than one (1) person not a member of the resident
family
b.
A detached
private garage or an attached private garage in a compartment as a
part of the main building, having a capacity of not more than four
(4) automobiles
c.
Antenna
(amateur radio or CB radio)
d.
Private
swimming pools
8.
Stable, Private
9.
Schools and
related uses, operated by a public independent school district
10.
Telephone
exchange
11.
Family home
12.
A temporary
bulletin board or sign appertaining to the lease or sale of land or
acreage
8.3
Height Regulations:
Minimum Height - Forty feet (40')
(Ordinance 173 adopted 6/7/88; Ordinance 990905 adopted 9/28/99)
9.1
General Purpose
and Description:
The “RE”, Residential Estate
Zoning District is designed to promote and encourage a suitable environment
for family life on large parcels of land used only for suburban-style,
single-family homes and their community services and facilities.
9.2
Permitted
Uses:
1.
Single-family
detached dwellings
2.
Farms, nurseries,
greenhouses or gardens, limited to the propagation and cultivation
of plants, provided no retail or wholesale business is conducted on
the premises
3.
The keeping
of dogs, cats, and other normal domestic household pets, but limited
to four (4) animals over six (6) months old. No more than two (2)
large animals, specifically horses, cattle and sheep, can be maintained
per acre of lot area. Swine and poultry are expressly prohibited
4.
Parks, playgrounds,
community buildings, museums and other public recreational facilities,
owned and/or operated by the municipality or other public agency,
and privately owned and maintained recreation areas
5.
Public buildings,
including libraries, museums, police and fire stations, and similar
public uses or facilities
6.
Real estate
sales offices during the development of residential subdivisions,
but not to exceed two (2) years
7.
Public schools
(kindergarten through high school)
8.
Temporary
buildings for uses incidental to construction work on the premises,
which said buildings shall be removed upon the completion or abandonment
of construction work by order of the City
9.
Water supply
reservoirs, pumping plants and towers
10.
Accessory
buildings and uses, customarily incidental to the above uses and located
on the same lot therewith, but not involving the conduct of a retail
business, except as provided herein:
a.
The term
“accessory use” shall include customary home occupations
as herein defined. Accessory buildings, including a private garage,
bona fide servant quarters, not for rent but for the use of servants
employed on the premises, when located not less than sixty feet (60')
from the front lot line, nor less than five feet (5') from either
side line, provided said accessory building shall not occupy more
than fifty percent (50%) of the minimum required rear yard in the
case of a one-story building. When the accessory building is directly
attached to the main building, it shall be considered an integral
part of the main building. When the accessory building is attached
to the main building by a breezeway, the breezeway is considered a
part of the accessory building. Temporary metal buildings less than
six hundred (600) square feet which are used for tool and supply storage
are permitted. (See Section 24.3 for additional regulations)
b.
A detached
private garage or an attached private garage, in a compartment as
a part of the main building, having a capacity of not more than four
(4) automobiles
c.
Antenna
(amateur or CB radio)
d.
Servant’s
quarters and quarters used by bona fide farm workers, or other accessory
buildings such as barns, sheds, and other structures necessary for
farming operations may be permitted, provided however, that no such
accessory building or quarters shall be used or occupied as a place
of abode or dwelling by anyone other than a bona fide servant or farm
worker and actually and regularly employed by the land owner or occupant
of the main building
11.
Telephone
exchange, provided no public business and no repair or outside storage
facilities are maintained
12.
Sewage treatment
plant (public operated)
13.
Swimming
Pool (private)
14.
Water treatment
plant
15.
Private
noncommercial stables as an accessory use to the housing of animals
owned by the resident
16.
A temporary
bulletin board or sign, not exceeding fifty (50) square feet in area
appertaining to the lease, hire or sale of a building, premise or
acreage
17.
Church or
Rectory (and uses incidental to their function)
18.
Family Home
9.3
Height Regulations:
Maximum Height - Thirty-five feet (35'),
or two and one-half (2-1/2) stories
9.4
Area Regulations:
C.
Maximum Lot
Coverage:
Forty percent (40%) by main buildings; sixty
percent (60%) including accessory buildings, driveways and parking
areas
(Ordinance 173 adopted 6/7/88; Ordinance 990905 adopted 9/28/99)
10.1
General
Purpose and Description:
This District is considered
to be the proper zoning classification for large lot developments
for single-family dwelling use. The District is intended to be composed
of single-family dwellings, together with public, denominational and
private schools, churches, parks, water, wastewater, drainage facilities
and access required by the allowed density[.]
10.2
Permitted
Uses:
1.
Single-family
detached dwellings
2.
Greenhouses
and gardens, limited to the propagation and cultivation of plants,
provided no retail or wholesale business is conducted on the premises
3.
The keeping
of dogs, cats, and other normal household pets, but limited to four
(4) animals over six (6) months old
4.
Parks, playgrounds,
community buildings, museums and other public recreational facilities,
owned and/or operated by the municipality or other public agency,
and privately owned and maintained recreation areas
5.
Public buildings,
including libraries, museums, police and fire stations, and similar
public uses or facilities
6.
Real estate
sales offices during the development of residential subdivisions,
but not to exceed two (2) years
7.
Public schools
(kindergarten through high school)
8.
Temporary
buildings for uses incidental to construction work on the premises,
which said buildings shall be removed upon the completion or abandonment
of construction work by order of the building official
9.
Water supply
reservoirs, pumping plants and towers
10.
Accessory
buildings and uses, customarily incidental to the above uses and located
on the same lot therewith, but not involving the conduct of a retail
business except as provided herein:
a.
The term
accessory use shall include customary home occupations as herein defined.
Accessory buildings, including a private garage, bona fide servant
quarters, not for rent but for the use of servants employed on the
premises, when located not less than sixty feet (60') from the front
lot line, nor less than five feet (5') from either side line, provided
said accessory building shall not occupy more than fifty percent (50%)
of the minimum required rear yard in the case of a one-story building.
When the accessory building is directly attached to the main building,
it shall be considered an integral part of the main building. When
the accessory building is attached to the main building by a breezeway,
the breezeway is considered a part of the accessory building. Temporary
metal buildings less than six hundred (600) square feet which are
used for tool and supply storage are permitted
b.
Antenna
(amateur or CB radio)
11.
Telephone
exchange, provided no public business and no repair or outside storage
facilities are maintained
12.
Sewage
treatment plant (public operated)
13.
Swimming
pool (private)
14.
Water treatment
plant
15.
Noncommercial
stables as an accessory use to the housing of animals owned by the
resident
16.
Church
or rectory (and uses incidental to their function)
17.
Family
Home
10.3
Height
Regulations:
Maximum Height - Thirty-five feet (35')
or two and one-half (2-1/2) stories
10.4
Area Regulations:
C.
Maximum
Lot Coverage:
Forty percent (40%) by main buildings;
sixty percent (60%) including accessory buildings, driveways and parking
areas
10.5
Minimum
Dwelling Units -
No less than 1600 square feet of living
area with a concrete driveway to be 18 feet wide and no less than
30 feet in length.
Editor’s note–Ord. 990905 amended section 10 by adding provisions setting forth minimum square footage for dwelling units, but did not specify the numbering of such provisions. Inclusion as subsection 10.5 was at the discretion of the editor.
(Ordinance 173 adopted 6/7/88; Ordinance 990905 adopted 9/28/99)
11.1
General
Purpose and Description:
This District is slightly less
restrictive than the “RE” or “SF-1” Districts.
The principal use of the land is for single-family dwellings and related
recreational, religious and educational facilities normally required
to provide an orderly and attractive residential area.
11.3
Height
Regulations:
Maximum Height - Thirty-five feet (35')
or two and one-half (2-1/2) stories
11.4
11.5
Minimum
Dwellings -
No less than 1200 square feet of living area
with a concrete driveway to be 18 feet wide and at least 25 feet in
length.
Editor’s note–Ord. 990905 amended section 11 by adding provisions setting forth minimum square footage for dwelling units, but did not specify the numbering of such provisions. Inclusion as subsection 11.5 was at the discretion of the editor.
(Ordinance 173 adopted 6/7/88; Ordinance 990905 adopted 9/28/99)
12.1
General
Purpose and Description:
The “SF-3” Single-Family
Residential District - 3 is designed to provide for a suitable residential
environment for family life on smaller, more compact parcels of land
while limiting the uses to single-family residences and their community
services and facilities.
12.3
Height
Regulations:
Maximum Height - Thirty-five feet (35')
or two and one-half (2-1/2) stories
12.4
12.5
Minimum
Dwelling -
No less than 1000 square feet of living area
with a concrete driveway to be 18 feet wide and at least 25 feet in
length.
Editor’s note–Ord. 990905 amended section 12 by adding provisions setting forth minimum square footage for dwelling units, but did not specify the numbering of such provisions. Inclusion as subsection 12.5 was at the discretion of the editor.
(Ordinance 173 adopted 6/7/88; Ordinance 990905 adopted 9/28/99)
13.1
General
Purpose and Description:
The 2F District is intended
to provide the opportunity to have development which is two-family
(duplex) in character, but which encourages individual ownership of
all dwelling units. This is permitted by dividing the typical duplex
lot from front to back, thus encouraging the sale of each dwelling
unit, and the land upon which it sits, to the occupant[.]
13.3
Height
Regulations:
Maximum Height - Thirty-five feet (35')
or two and one-half (2-1/2) stories
13.4
13.5
Special
District Requirements:
A.
Lots in the
2-F District may be platted in pairs such that a duplex may be placed
on each pair of lots. The subdivision plat shall designate the pairs
of lots and which lot lines are to be outside lot lines of each pair.
There shall be only one dwelling unit per lot, and no dwelling unit
shall cross a designated outside lot line. No single-family dwelling
may be constructed on one of the designated pair of lots.
B.
Where lots
in the 2-F District are not platted in pairs, the lots may be further
resubdivided into two separate lots (but no such further resubdivision
shall be permitted) by metes and bounds survey prepared by a licensed
surveyor of the State of Texas, such resubdivision to accomplish the
division of said lots into two separate parcels so as to allow the
separate use of each portion of the property as an individual dwelling.
There shall be only one dwelling unit per parcel, and no single-family
dwelling may be constructed on one of the resubdivided parcels.
C.
All utilities
shall be provided separately to each duplex in a 2-F District such
that each unit is individually metered.
D.
Single-family
dwellings constructed in this District shall conform to the standards
as set forth in the SF-3 District.
(Ordinance 173 adopted 6/7/88; Ordinance 031018 adopted 10/14/03; Ordinance
090112, sec. 3, adopted 1/22/09)
14.1
General
Purpose and Description:
The “MF-1”, Multiple-Family
District is a residential attached district intended to provide for
the highest residential density of up to eighteen (18) dwelling units
per acre. The principal use of land in this District is for a wide
variety of dwelling types, including four- and eight-plex units, low-rise
multiple-family dwellings, garden apartments, and townhouses. Recreational,
religious, health and educational uses normally located to service
residential areas are permitted in this District in order to provide
convenient and attractive residential areas. The District is usually
located adjacent to a major street and serves as a buffer or transition
between nonresidential development or major thoroughfares, and medium
or low density residential development.
14.3
Height
Regulations:
Maximum Height - Thirty-five feet (35')
or two and one-half (2-1/2) stories
14.4
Area Regulations:
A.
Size of
Yards:
1.
Minimum
Front Yard - Twenty-five feet (25')
2.
Minimum
Side Yard - Eight feet (8'); ten feet (10') between buildings without
openings (windows); fifteen feet (15') between buildings with openings
and when adjacent to side street; sixty feet (60') when building is
in excess of one story in height and adjacent to Single-Family Zoning
District or single-family use
3.
Minimum
Rear Yard - Twenty feet (20')
B.
Size of
Lots:
1.
Minimum
Lot Area -
Two thousand, four hundred twenty (2,420)
square feet per dwelling unit, not to exceed eighteen (18) dwelling
units her acre (calculated on gross acreage). The minimum lot size
shall be ten thousand (10,000) square feet
2.
Minimum
Lot Width -
Eighty feet (80')
3.
Minimum
Lot Depth -
One hundred twenty feet (120')
C.
Maximum
Lot Coverage:
Forty percent (40%) total, including main
and accessory buildings
14.5
Refuse
Facilities:
A.
Every dwelling
unit shall be located within two hundred fifty feet (250') of a refuse
facility, measured along the designed pedestrian and vehicular travel
way. There shall be available at all times at least six (6) cubic
yards of refuse container per thirty (30) multiple-family dwelling
units. For complexes less than thirty (30) units, no less than four
(4) cubic yards shall be provided.
B.
Each refuse
facility shall be screened from 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, but no 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 local public health and sanitary regulations.
Each refuse facility shall be located so as to provide safe and convenient
pickup by refuse collection agencies.
(Ordinance 173 adopted 6/7/88; Ordinance 031018 adopted 10/14/03; Ordinance
090112, sec. 3, adopted 1/22/09)
15.1
General
Purpose and Description:
The “MH”, Mobile
Home District is designed to provide for mobile home parks and development
facilities and other uses which have the characteristics similar to
those found suitable for Mobile Home residential developments
15.2
Permitted
Uses:
15.3
Permitted
Accessory Uses:
1.
Farms, nurseries,
greenhouses or gardens, limited to the propagation and cultivation
of plants, provided no retail or wholesale business is conducted on
the premises
2.
The keeping
of dogs, cats, and other normal domestic household pets, but limited
to four (4) animals over six (6) months old. No more than two (2)
large animals, specifically horses, cattle and sheep, can be maintained
per one-half (1/2) acre of lot area. Swine and poultry are expressly
prohibited
3.
Parks, playgrounds,
community buildings, museums and other public recreational facilities,
owned and/or operated by the municipality or other public agency;
and privately owned and maintained recreation areas
4.
Public buildings,
including libraries, museums, police and fire stations, and similar
public uses or facilities
5.
Real estate
sales offices during the development of residential subdivisions,
but not to exceed two (2) years
6.
Public schools
(kindergarten through high school)
7.
Temporary
buildings for uses incidental to construction work on the premises,
which said buildings shall be removed upon the completion or abandonment
of construction work by order of the building official
8.
Water supply
reservoirs, pumping plants and towers
9.
Accessory
buildings and uses, customarily incidental to the above uses and located
on the same lot therewith, but not involving the conduct of a retail
business except as provided herein:
a.
A part
of the accessory building. Temporary metal buildings less than one
hundred twenty (120) square feet which are used for tool and supply
storage are permitted
b.
A detached
private garage or an attached private garage, in a compartment as
a part of the main building, having a capacity of not more than two
(2) automobiles
c.
Antenna
(amateur or CB radio)
10.
Telephone
exchange, provided no public business and no repair or outside storage
facilities are maintained
11.
Sewage
treatment plant (publicly operated)
12.
Swimming
Pool (private)
13.
Water treatment
plant
14.
Private
noncommercial stables as an accessory use to the housing of animals
owned by the resident
15.
A temporary
bulletin board or sign, not exceeding fifty (50) square feet in area
appertaining to the lease, hire or sale of a building, premise or
acreage
16.
Church
or Rectory (and uses incidental to their function)
17.
Family
Home
15.4
Area Regulations:
A.
Minimum
Mobile Home Park Size:
A site to be a minimum area of
five (5) acres. Each mobile home space shall have a minimum area of
three thousand, five hundred (3,500) square feet; however, no mobile
home space shall have dimensions of less than forty feet (40') narrow
dimension or eighty fee (80') in length, including off-street, required
parking.
B.
Individual
Mobile Home Lots:
Any person desiring to place a mobile
home on an individually platted lot within an area zoned as MH, Mobile
Home District, may do so without meeting the requirements of a commercial
mobile home park, except for structural protection (Section 15.17),
under the condition that the mobile home be placed on a lot no less
than seven thousand, five hundred (7,500) square feet and that all
the provisions of the SF-2 District are met. The conditions set forth
for structural protection of mobile homes in mobile home parks shall
apply to individual mobile home lots.
15.5
General
Provisions for Mobile Home Parks:
A.
Tenant Parking:
Each parking space shall be hard, dust free, surfaced and be
located to eliminate interference with access to parking areas provided
for other mobile homes and for public parking in the park. Each parking
space will be not less than seventeen feet by ten feet (17' x 10').
B.
Visitor
and Supplemental Parking:
In addition to parking spaces
required for each mobile home unit, there shall be parking provided
for the mobile home community in general:
1.
One (1)
visitor parking space for every four (4) mobile home spaces; and
2.
One (1)
supplemental parking or vehicle storage space for every four (4) mobile
home spaces for the parking or storage of boats, campers and similar
vehicles or equipment. These visitor and supplemental spaces may be
located anywhere within the mobile home community provided that no
mobile home space shall be situated further than one hundred fifty
feet (150') from a visitor space.
C.
Access:
Each mobile home community shall have direct access from a public
street or an internal street. Where an internal street provides access,
the same shall be dedicated to the public as an emergency access easement
to allow for the rapid and safe movement of vehicles used for the
purpose of providing emergency health or public safety services. Each
emergency access easement shall have a clear unobstructed width of
twenty-four feet (24'), shall connect to a dedicated public street,
or shall have sufficient turning area and radii to permit free movement
of emergency vehicles.
D.
Walkways:
Designated, paved or concrete walkways will be provided on both
sides of roadways or streets.
E.
Street Names
and Signs:
Within each mobile home park, all streets
shall be named, and mobile homes numbered in a logical and orderly
fashion. Street signs shall be of a color and size contrasting with
those on public streets and roadways so that there is no confusion
regarding which are private and which are public streets. These signs
and numbers shall be of standard size and placement to facilitate
location of emergency vehicles. Street names shall be approved by
the Planning and Zoning Commission.
F.
Other Signs:
Along all sections of emergency access easements, the owner
or agent shall erect metal signs prohibiting parking. The sign type,
size, height and location shall be approved by the City prior to installation.
G.
Intersections:
Internal streets shall intersect adjoining public streets at
approximately ninety degrees (90°) and at locations which will
eliminate or minimize interference with traffic on those public streets.
H.
Street Lighting:
Street lighting within the mobile home park shall be provided
along all emergency access easements. Light standards shall have a
height and spacing to insure an average illumination level of not
under 0.2 footcandles.
15.6
[Reserved]
15.7
Electric
and Telephone Service:
All electrical distribution lines
and all telephone lines shall be underground, except for the primary
service line to the park.
15.8
Drainage
and Soil Protection:
The ground surface in all parts
of the park shall be graded and equipped to drain all surface water
in a safe, efficient manner. Each mobile home space shall provide
adequate drainage for the placement of a mobile home. Exposed ground
surfaces in all parts of every mobile home park shall be paved and
covered with stone screening, or other solid material, and protected
with a vegetative growth capable of preventing soil erosion and eliminating
dust.
15.9
Water Supply
Facilities:
Water supply facilities for fire protection
shall meet the minimum requirements of the Key Rate Schedule for a
Standard City as last adopted by the State Board of Insurance of Texas.
15.10
Firefighting:
A.
Approaches
to all mobile homes shall be kept clear for firefighting.
B.
The owner
or agent of a mobile home park shall be responsible for the instruction
of any staff in the use of the park fire protection equipment and
in their specific duties in the event of a fire. Owner shall supply
standard city hydrants located within three hundred feet (300') of
all mobile home spaces, measured along the drive or street.
C.
The owner
or agent of a mobile home park shall be responsible for maintaining
the entire area of the park free of dry brush, leaves and weeds.
D.
The owner
or agent of a mobile home park shall provide an adequate system of
collection and safe disposal of rubbish, as approved by the City.
15.11
Mobile
Home Spacing Standards:
To provide adequate separation of mobile homes and of other buildings
and structures for fire and explosion safety purposes and to promote
structural safety in placement of mobile homes on their respective
sites, the following spacing shall apply:
A.
A minimum
front yard setback shall be ten feet (10') from the nearest corner
of the mobile home to the front line of mobile home space
B.
No mobile
home shall be closer than twenty-five feet (25') at any property line
C.
For other
structures on each mobile home space, the minimum front yard setback
shall be at least twenty feet (20')
D.
The minimum
distance between mobile homes at any point shall be twenty feet (20')
E.
The average
vertical clearance height of the mobile home frame above the finished
ground elevation shall not be less than three feet (3')
15.12
Sewer:
An approved sewerage treatment plant shall be provided to meet
the minimum State of Texas requirements or an adequate and safe sewage
system shall be provided for conveying sewage to the city treatment
plant. The system shall be constructed in accordance with applicable
local and state health regulations and the design of proposed sewage
disposal facilities shall be approved by the City prior to construction.
Effluence from sewage treatment facilities shall not discharge into
any water of the State except with prior approval of the City of Italy.
No septic tanks shall be permitted.
15.13
Refuse
Handling and Collection:
Storage, collection and handling
of refuse shall be conducted so as to create no health hazards, rodent
harborage, insect breeding areas, accident or fire hazards, or air
pollution. Every dwelling unit shall be located within two hundred
fifty feet (250') of a refuse facility measured along the designated
pedestrian or vehicular travel way. There shall be available at least
six (6) cubic yards of refuse container per thirty (30) units.
15.14
Animals:
A maximum of two (2) animals (dogs, cats, or other household
pets) per dwelling unit will be permitted. The animals must be contained
within the park area and not permitted to stray upon city streets
or other properties.
15.15
Noise
Control:
No broadcast or playing of music shall be permitted
through any speaker system external to any building or mobile home.
15.16
Insect
or Rodent Control:
Grounds, buildings and structures
shall be maintained free of insect and rodent harborage and infestations.
Parks shall be maintained free of accumulation of debris which may
provide rodent harborage or breeding places for flies, mosquitoes,
and other pests. The growth of brush, weeds, and grass shall be controlled
to prevent harborage of noxious insects or other pests. Parks shall
be so maintained as to prevent the growth of noxious weeds detrimental
to health. Open areas shall be maintained free of undergrowth.
15.17
Structural
Protection (all units):
A.
Anchorage
of Mobile Homes:
To insure against natural hazards such
as tornados, high winds, and electrical storms, anchorage at each
mobile home shall be provided according to the following:
|
Length
|
Number of Ties
|
|---|---|
|
Up to 30'
|
2 per side
|
|
30' to 50'
|
3 per side
|
|
50' to 70'
|
4 per side
|
|
Over 70'
|
5 per side
|
In addition, over-the-unit ties shall be provided as
close to each end as possible with straps at stud and rafter locations.
B.
Anchors:
Soil tests shall be made to assure that the following types
of anchorage will withstand three thousand, seven hundred fifty (3,750)
lbs. of pull per ten feet (10') length of mobile home:
1.
Cross
section: Auger or deadman, six inches (6") in diameter, arrowhead
eight inches (8")
2.
Depth:
Auger or Arrowhead, four feet (4'); deadman, five feet (5')
3.
Anchor
rod shall be at least 5/8" diameter with welded eyes at top, and shall
be hooked into concrete when used in deadman anchors
4.
Anchors
in slabs shall equal above in pull resistance
5.
Steel
Rods: 5/8" with ends welded closed to form an eye
6.
Turnbuckles:
5/8" drop forged with closed eyes or other tensioning devices of equivalent
strength
7.
Piers
and Footings: The location and design of piers and footings shall
satisfy the following:
a.
Spaced
at ten feet (10') intervals on both frame rails with end over no further
than five feet (5') from end of mobile home
b.
Footings
of solid concrete 16" x 16" x 4"
c.
Piers
of standard 8" x 8" x 16" solid concrete block
d.
Treated
trim shingles may be used for leveling
e.
Pier
or footing designs equivalent to the above when approved by the City
(Ordinance 173 adopted 6/7/88; Ordinance 031018 adopted 10/14/03; Ordinance
090112, sec. 3, adopted 1/22/09)
16.1
General
Purpose and Description -
The “CBD”, Central
Business District is established to accommodate the existing development
in the central area of Italy and to protect the character of the CBD.
It recognizes the unique characteristics of the downtown and its space
limitations. Uses allowed in the District should be limited generally
to those uses that currently comprise the downtown[.]
16.2
Permitted
Uses:
1.
Generally
recognized retail businesses which supply commodities on the premises,
such as groceries, meats, dairy products, baked goods, clothing and
notions, or hardware and similar uses
2.
Personal
service establishments which perform services on the premises such
as: repair shops (watches, radios, TV, household appliances, shoes,
etc.), tailor shops, beauty parlors or barbershops, photographic studios
and similar uses but not including major automotive repair services
3.
Small job
printing and newspaper printing shops (less than six thousand (6,000)
square feet in area)
4.
Dry cleaning
establishments or pickup stations dealing directly with consumers.
Central dry cleaning plants servicing more than one retail outlet
are not permitted
5.
Personal
services including the following: outpatient medical clinics, offices
of physicians, dentists, osteopaths and similar or allied professions
such as drugstores or pharmacies
6.
Office buildings
for professional occupations including: executive, administrative,
legal, accounting, writing, clerical, stenographic, drafting, and
real estate, and related accessory uses
7.
Theaters,
auditoriums, community center, and other similar entertainment facilities
8.
Restaurants
and cafes
9.
Municipally
owned or controlled facilities, utilities and uses
10.
Multiple-family
dwellings
11.
Hotels,
motels, and bed and breakfast establishments
12.
Paved parking
lots, including commercial parking lots
13.
Accessory
warehousing of goods and materials that are used in the operation
of or for retail sale on the site of any use permitted in this District
14.
An accessory
use customarily related to a principal use authorized in this District
15.
Church
or rectory
16.
Art gallery
17.
Home occupation
18.
Gasoline
service station
19.
Bank or
Savings and Loan
20.
Candy and
cake shop
21.
Drapery
shop
22.
Florist
23.
Temporary
concrete batching plant limited to the period of construction, upon
approval of location and operation by the City
24.
Temporary
on-site construction offices limited to the period of construction
and approved by the City
16.3
Height
Regulations:
Maximum Height - Forty feet (40') or
three (3) stories
(Ordinance 173 adopted 6/7/88; Ordinance 031018 adopted 10/14/03; Ordinance
090112, sec. 3, adopted 1/22/09)
17.1
General
Purpose and Description:
The “R-1”, Retail
District is intended for neighborhood shopping facilities which provide
limited business service and office facilities predominantly for the
convenience of residents of the community[.]
17.2
Permitted
Uses:
1.
Antique shop,
enclosed (no outside display or storage)
2.
Apparel and
other products assembled from finished textiles
3.
Auto parts
and accessories, new
4.
Bakery or
confection shop, retail
5.
Banks, Savings
and Loans, or other financial institutions
6.
Barber or
beauty shop
7.
Book, camera
or card shop
8.
Church or
rectory
9.
Cleaning
and laundry pickup station
10.
Clinic,
medical or dental
11.
Clothing
and apparel store
12.
Commercial
radio or television transmitting tower
13.
Day nursery,
day camp or child care center.
14.
Discount,
variety or department store
15.
Drapery,
needlework or weaving shop
16.
Drugstore
17.
Electrical
transmission lines and substations
18.
Florist
shop
19.
Food or
convenience store
20.
Furniture
and appliance sales
21.
Garden
shop and plant sales, inside
22.
Gasoline
service station or car care center
23.
Handicraft
or hobby store
24.
Health
studio
25.
Hospital
26.
Hotel or
motel
27.
Key shop
or locksmith
28.
Laboratory,
medical or dental
29.
Letter,
mimeograph and printing shop - retail only
30.
Lodge or
fraternal organization
31.
Motion
picture theater, indoor
32.
Nursing
home or residence home for aged
33.
Office,
general
34.
Optical
shop
35.
Paint,
wallpaper and hardware
36.
Pawnshop
37.
Personal
service shop
38.
Photography
or art studio, or studio for music, dance, drama or speech
39.
Municipally
operated public buildings
40.
Restaurant
or cafeteria
41.
Laundry
or dry cleaning, self-service
42.
School,
private or public
43.
Sewage
pumping or lift station
44.
Shoe repair
45.
Shopping
Center
46.
Studio,
broadcasting and recording
47.
Telephone
exchange, switching and transmitting equipment
48.
Telephone
or utility business office
49.
Tool rental
(inside only)
50.
Veterinarian
office, no hospital (no outside kennels or pens)
51.
Water reservoirs,
pumping plants and wells
17.3
Height
Regulations:
Maximum Height - Fifty feet (50') or
three (3) stories; except cooling towers, roof gables, chimneys, vent
stacks, or mechanical equipment rooms may project, not to exceed twelve
feet (12') beyond maximum building height
17.4
17.5
Type of
Exterior Construction:
All sides of structures adjacent
to a public street shall be eighty percent (80%) masonry exterior
exclusive of doors and windows. Glass or stucco may be considered
in place of masonry. Wood exterior elevations may be approved for
restaurants and retail structures by appeal to the Planning and Zoning
Commission and City Council of Italy, Texas. Sides of buildings not
adjacent to a public street shall be fifty percent (50%) glass or
masonry[.]
17.6
A provision
for the Retail District is hereby authorized for the sale of used
cars provided the property is adjacent to a state or interstate highway,
and also provided that there never be more than twenty (20) cars on
the car lot for sale at any one time.
Editor’s note–Ord. 031018 amended the
zoning ordinance by adding provisions allowing used car sales in the
Retail District, but did not specify the numbering of such provisions.
Inclusion as subsection 17.6 was at the discretion of the editor.
(Ordinance 173 adopted 6/7/88; Ordinance 031018 adopted 10/14/03; Ordinance
090112, sec. 3, adopted 1/22/09)
18.1
General
Purpose and Description:
The “CH” Commercial
Highway District is intended to provide for a variety of office, retail,
and service uses, for the purpose of creating a mixture of land uses
along Interstate Highway 35 and along State Highway 77.
18.2
Permitted
Uses:
All uses as may be permitted under provisions of Section 21, Specific Use Permits, Subsection 21.9-B.
18.5
Type of
Exterior Construction:
All sides of structures adjacent
to a public street shall be eighty percent (80%) masonry exterior
exclusive of doors and windows. Glass or stucco may be considered
in place of masonry. Wood exterior elevations may be approved for
restaurants and retail structures by appeal to the Planning and Zoning
Commission and City Council of Italy, Texas. Sides of buildings not
adjacent to a public street shall be fifty percent (50%) glass or
masonry.
(Ordinance 090112, sec. 4, adopted 1/22/09)
19.1
General
Purpose and Description:
The “C-1”, Commercial
District is intended predominantly for commercial activities of a
service nature which typically have operating characteristics (limited
outside or open storage) or traffic service requirements generally
incompatible with office, retail, shopping and residential environments.
19.2
Permitted
Uses:
1.
Auto laundry
or carwash
2.
Auto parking
lot or garage (commercial)
3.
Automobile,
trailer, and truck rental
4.
Automobile
repair (major) garages and parts sales and body repair
5.
Boat storage
6.
Building
material sales
7.
Bus terminal
or station, primarily passenger oriented
8.
Carpentry,
painting, plumbing, welding or tinsmithing shops
9.
Commercial
amusement (indoor or outdoor)
10.
Consumer
repair services
11.
Equipment
sales
12.
Food sales
13.
Funeral
services
14.
Furniture
wholesale
15.
Home repair
stores with outside storage
16.
Limited
warehousing and distribution (including “mini” or convenience
warehouse)
17.
Manufactured
or mobile home sales
18.
Motorcycle
sales and service
19.
Newspaper
printing
20.
Office
showroom
21.
Open or
outside storage
22.
Pawnshop
23.
Pet sales
24.
Radio,
television or microwave tower or microwave receiving dish (commercial)
25.
Restaurant
(drive-in type)
26.
Telephone
exchange (with outside storage)
27.
Tire dealership
19.3
Height
Regulations:
Maximum Height: Thirty-five feet (35'),
or two (2) stories
(Ordinance 040706, sec. 3, adopted 7/13/04)
20.1
General
Purpose and Description:
The “LI”, Light
Industrial District is intended to provide for commercial and light
manufacturing uses.
20.2
Permitted
Uses:
The following
uses are permitted in the “LI” District, provided that
such manufacturing or industrial operation shall not disseminate dust,
fumes, gas, noxious odor, smoke, glare, or other atmospheric influence
beyond the boundaries of the property on which such use is located
and which produces no noise exceeding in intensity at the boundary
of the property the average intensity of noise of street traffic at
that point and provided that such use does not create fire hazards
on surrounding property:
1.
Apparel and
other products assembled from finished textiles
2.
Bottling
works
3.
Carting,
express, hauling or storage yard (trucking company)
4.
Contractor’s
yard
5.
Cosmetic
manufacturer
6.
Drugs and
pharmaceutical products manufacturing
7.
Electronic
products manufacturing
8.
Fur goods
manufacture, but not including tanning or dyeing
9.
Glass products
from previously manufactured glass
10.
Household
appliance products assembly and manufacture from prefabricated parts
11.
Industrial
and manufacturing plants including the processing or assembling of
parts for production of finished equipment where the process of manufacturing
or treatment of materials is such that of [no] dust, odor, gas, smoke
or noise is emitted and not more than twenty percent (20%) of the
lot or tract is used for the open storage of products, materials,
or equipment
12.
Musical
instruments assembly and manufacture
13.
Plastic
products manufacture, but not including the processing of raw materials
14.
Sporting
and athletic equipment manufacture
15.
Testing
and research laboratories
16.
Housing
prefabrication
17.
General
warehousing activities (including convenience storage or “mini”
warehouse)
18.
Veterinarian
clinic (outside kennels)
19.
Facilities
for the manufacturing, fabrication, processing, or assembly of products,
provided that such facilities are completely enclosed and provided
that no effects from noise, smoke, glare, vibration, fumes or other
environmental factors are measurable at the property line
20.
All other
facilities for the manufacturing, fabrication, processing, or assembly
of products, provided that such facilities are not detrimental to
the public health, safety or general welfare and provided that the
following performance standards are met:
a.
Smoke:
No operation shall be conducted unless it conforms to the standards
established by State health rules and regulations pertaining to smoke
emission
b.
Particulate
matter:
No operation shall be conducted unless it conforms
to the standards established by State health rules and regulations
pertaining to emission of particulate matter
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
d.
Radiation
hazards and electrical disturbances:
No operation shall
be conducted unless it conforms to the standards established by State
health rules and regulations pertaining to radiation control
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, or as said operation conforms to the standards established
by State health rules and regulations or other City ordinances pertaining
to noise
f.
Water
pollution:
No water pollution shall be emitted by the
manufacturing or other processing. In a case in which potential hazards
exist, it shall be necessary to install safeguards acceptable to the
appropriate State health and environmental protection agencies
20.3
Height
Regulations:
Maximum Height: Thirty-five feet (35'),
or two and one-half (2-1/2) stories
20.4
Area Regulations:
A.
Size of
Yards:
1.
Minimum
Front Yard -
Twenty-five feet (25')
2.
Minimum
Side Yard -
Twenty feet (20')
3.
Minimum
Rear Yard -
Twenty feet (20')
4.
Additional
-
For structures requiring railroad access, setback requirements
from the centerline of the railroad right-of-way shall be in accordance
with applicable State law
C.
Maximum
Lot Coverage:
Fifty percent (50%)
(Ordinance 040706, sec. 3, adopted 7/13/04)
20A.1
General
Purpose and Description -
The Planned Development (“PD”)
District is intended to provide for greater flexibility in the planning
and development of projects by allowing a combination of land uses
under a unified plan that protects contiguous land uses and preserves
significant natural features. A PD District may be used to permit
new and innovative concepts in land use. 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.
20A.2
Permitted
Uses -
A PD may contain any use or combination of uses listed in Sections 8 through 20 of this Ordinance or any use approved by the City Council and defined in the ordinance establishing the PD. All uses allowed in a PD must be listed in the ordinance establishing the district. The size, location, appearance, and method of operation may be specified to the extent necessary to ensure compliance with the purpose of this ordinance.
20A.3
Governing
Regulations -
The ordinance establishing a PD must specify
regulations or conditions governing maximum structure height, floor
area, lot area, lot coverage, lot width, lot depth, density, minimum
front, side and rear yards, off-street parking and loading, signs,
screening, landscaping, access, and streets and alleys.
20A.4
Purpose
and Intent Statement -
An ordinance granting a PD District
shall include a statement as to the purpose and intent of the PD District
being granted.
20A.5
Compliance
With Other Ordinances -
A PD District must conform to
all regulations of this ordinance and all other City ordinances unless
specifically stated otherwise in the granting ordinance.
20A.6
PD Pre-application
Conference -
An applicant for a PD shall request a pre-application
conference with the City Planning and Zoning Commission. Such conference
shall be scheduled as a work session for the Commission. At least
14 days prior to the pre-application conference, the applicant shall
provide a sketch plan that includes, but is not limited to, the following
information: proposed land uses, density, approximate gross square
footage of nonresidential uses, access, projected height, and significant
environmental features. During the work session, the Commission shall
provide initial comments concerning the merits of the proposed development,
and make requests for any such other information that the Commission
wishes to be shown on the development plan prior to its being scheduled
for public hearing, or any such other information that will aid the
Commission in its review of the proposal.
20A.7
Application
-
An application for a
PD District must be submitted to the City Administrator at least 14
days prior to the public hearing before the Planning and Zoning Commission,
and must include the following:
(1)
A statement
as to the purpose and intent of the requested PD District.
(2)
A listing
of the requested uses and development standards. If a requested use
is not defined in this ordinance, the application must contain a description
of the use.
(3)
A listing
of deviations from any applicable provisions or ordinances.
(4)
A development
plan or conceptual plan in compliance with this section.
20A.8
Development
Plan -
An application for
a PD must be accompanied by a development plan clearly showing:
1.
proposed
and existing streets and alleys;
2.
location
of proposed land uses;
3.
building
sites:
4.
any areas
proposed for dedication or reserved as parks, open space, parkways,
playgrounds, utility and garbage easements, school sites, street widenings,
or street changes;
5.
points of
ingress and egress from existing or proposed streets;
6.
an accurate
survey of the boundaries of the site;
7.
the arrangement
and location of off-street parking and loading;
8.
screening
and landscaping; and
9.
other items
as may be required by the City Planning and Zoning Commission or the
City Council.
20A.9
Conceptual
Plan -
An applicant may
initially submit a conceptual plan instead of a development plan if
the conceptual plan provides sufficient information for the Commission
and City Council to act on the PD application. If a conceptual plan
is provided, a development plan may be required by the City Planning
and Zoning Commission or by the City Council if it is determined that
a development plan is necessary for sufficient review of the proposal.
The conceptual plan must include:
(1)
the location
of all land use areas showing the gross acreage for each use, maximum
lot coverage, residential densities, floor ratio for each use, and
the approximate floor area for all nonresidential uses;
(2)
delineation
of all undeveloped open areas, except for required yards, landscaped
areas, and open recreation facilities such as tennis courts and swimming
pools;
(3)
identification
of all areas to be dedicated to the City and the designation of common
areas;
(4)
indication
of maximum heights for all structures in feet and stories;
(5)
location
of all proposed screening between the site and adjacent property and
between land uses within the site;
(6)
location
of minimum building setbacks along the site boundaries, on dedicated
streets, and between residential and nonresidential uses;
(7)
identification
of major access points and rights-of-way to be dedicated to the City;
and
(8)
indication
of each phase of development if separate phases are proposed.
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If a conceptual plan is provided and approved, a detailed development
plan must be provided within six months after the approval of the
ordinance and the conceptual plan. The development plan must comply
with the conceptual plan and the conditions of the PD ordinance, and
must be approved by the Planning and Zoning Commission prior to the
issuance of a building permit. If the Commission disapproves the development
plan. the applicant may appeal the decision to the City Council.
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If the property is to be developed in phases, only the detailed
development plan for the first phase must be submitted within the
six-month time period. If a development plan is not submitted within
the required time period, the Planning and Zoning Commission, after
notice to the applicant and review of the facts, may grant one or
more six-month extensions or call a public hearing to determine the
proper zoning classification for the property.
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20A.10
Development
Schedule
(1)
The
applicant for a PD shall, if the applicant desires or the Planning
and Zoning Commission or City Council requires, submit a development
schedule indicating the date on which construction is to begin and
the rate of development until completion. A City Council approved
development schedule must be included in the ordinance establishing
the PD.
(2)
If the
applicant fails to meet the development schedule, the Commission may
call a public hearing to determine the proper zoning district classification
for all or part of the PD.
(3)
The
applicant may apply to the Commission for an extension of the development
schedule. If the Commission denies the extension, the applicant may
appeal the decision to the City Council.
(4)
When
a development schedule extends for more than one year, the building
official shall annually report to the Commission the actual development
in the PD compared with the development schedule.
20A.11
Amendments
to Conceptual Plan or Development Plan
(1)
Any
amendment to a conceptual plan or to a development plan approved with
the PD Ordinance is a change in zoning district classification and
must follow the same procedures as required for a zoning change.
(2)
An amendment
to a development plan that was not approved with the PD Ordinance
may be approved by the City Planning and Zoning Commission if the
proposed change complies with the conditions of the PD ordinance and
the conceptual plan. If the Commission denies the amendment, the applicant
may appeal the decision to the City Council. A proposed amendment
that does not comply with the conditions and the conceptual plan is
a change in zoning district classification and must follow the procedures
required for a zoning change.
(Ordinance 040706, sec. 3, adopted 7/13/04)
21.1
Specific
Uses:
The specific use permit (“SUP”) provides
a means for developing certain uses in a manner in which the specific
use will be compatible with adjacent property and consistent with
the character of the neighborhood. Because of the unique character
of a specific use, substantial review and investigation may be required
by the City to ensure the appropriateness of the use.
The City Council by an affirmative vote may, after public hearing
and proper notice to all parties affected, and after recommendations
from the Planning and Zoning Commission that the use is in general
conformance with the Comprehensive Plan and zoning requirements of
the City and containing such requirements and safeguards as are necessary
to protect adjoining property, approve the specific use permit, which
must be accompanied by a site plan (see Subsection 21.2) drawn to
scale and showing the general arrangement of the project, together
with essential requirements such as off-street parking facilities;
size, height, construction materials, and locations of buildings and
the uses to be permitted; location and instruction [construction]
of signs; means of ingress and egress to public streets; the type
of visual screening such as walls, plantings and fences; and the relationship
of the intended use to all existing properties and land uses in all
directions to a minimum distance of two hundred feet (200'). The Planning
and Zoning Commission or City Council may require information, operating
data and expert evaluation concerning the location and function and
characteristics of any building or use proposed.
21.2
Site Plan
Requirements:
A.
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
B.
A scale drawing
showing any proposed public or private streets and alleys; building
sites or lots; and areas reserved as parks, parkways, playground,
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 a topographical contour
interval of not more than five feet (5')
C.
A site plan
for proposed building complexes showing the location of separate buildings
and the minimum distance between buildings, and between building 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
D.
A landscape
plan showing turf areas, screening walls, ornamental planting, wooded
areas and trees to be planted
E.
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 Planning and Zoning Commission or City Council
if deemed appropriate
F.
All Site
Plans may have supplemental data describing standards, regulations
or other data pertinent to the development of the Planned Development
District which is to be included in the text of the amending Ordinance
21.3
Specific
Use Permit Regulations:
A.
In recommending
that a Specific Use Permit for the premises under consideration be
granted, the Planning and Zoning Commission shall determine that such
uses are harmonious and adaptable to building structures and uses
of abutting property and other property in the vicinity of the premises
under consideration, and shall make recommendations as to requirements
for the paving of streets, alleys and sidewalks, means of ingress
and egress to public streets, provisions for drainage, adequate off-street
parking, protective screening and open space, heights of structures,
and compatibility of buildings.
B.
In granting
a Specific Use Permit, the City Council may impose conditions which
shall be complied with by the owner or grantee before a certificate
of occupancy may be issued by the building inspector for use of the
building on such property pursuant to such Specific Use Permit and
such conditions precedent to the granting of the certificate of occupancy.
C.
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 Special
Use Permit, as attached to the site plan drawing (or drawings) and
approved by the Planning and Zoning Commission and City Council. No
public hearing is necessary for site plan approval.
D.
A building
permit shall be applied for and secured within six (6) months from
the time of granting the Specific Use Permit, provided however, the
City Council may authorize an extension of this time upon recommendation
by the Planning and Zoning Commission. After six (6) months from the
date of approval has elapsed, the Planning and Zoning Commission and
City Council may review the site plan at any time.
E.
No building,
premise, or land used under a Specific Use Permit may be enlarged,
modified, structurally altered, or otherwise significantly changed
unless a separate Specific Use Permit is granted for such enlargement,
modification, structural alteration, or change.
F.
The Board
of Adjustment shall not have jurisdiction to hear, review, reverse,
or modify any decision, determination, or ruling with respect to the
granting, extension, revocation, modification or any other action
taken relating to such Specific Use Permit.
G.
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, and said amendment
is to indicate the appropriate zoning district for the approved use
and suffixed by an “SUP” designation.
H.
The district
regulations of the base zoning district shall apply unless specifically
revised on the site plan or attached written documentation.
21.4
Use Regulations:
A building or premise used for any of the following purposes
shall be permitted by specific use permit only unless allowed by right
in a specific zoning district.
21.5
“AG”
- Agricultural District
1.
Airport (public
or private)
2.
Accessory
dwelling unit
3.
Asphalt or
concrete batching plant (temporary)
4.
Boarding
or lodging house
5.
Broadcasting
facilities including towers
6.
Carnival
or circus (by resolution of City Council for specific time period)
7.
Cemetery
8.
Charitable
organizations other than churches
9.
Construction
office (by authority of the building official for specific time periods)
10.
Country
clubs or golf courses and related uses such as driving ranges but
not including other forms of commercial amusement such as miniature
golf
11.
Day nursery
or child care center
12.
Dirt storage
or sales
13.
Electric
substation, transmission line or other public service utilities
14.
Greenhouse
or plant wholesale (commercial)
15.
Garden
or farm equipment sales
16.
Heliport
or helistop
17.
Hospital
18.
Kennel,
inside or outside
19.
Microwave
tower (commercial, in excess of forty feet (40'))
20.
Mobile
home or modular home 20.[.1]
22.
Parking
lot
23.
Rodeo arena
24.
Sand or
gravel extraction or storage and other mining activities
25.
Seasonal
fruit and vegetable sales
26.
Sewage
treatment plant (privately operated)
27.
Stable,
commercial
28.
Stadium
(public or private)
29.
University,
college or parochial school and related facilities
30.
Zoo (public)
21.6
“RE”
- Residential Estate District:
1.
Accessory
dwelling unit
2.
Airport (private)
3.
Cemetery
4.
Charitable
organizations other than churches
5.
Concrete
batching (temporary only, for period not to exceed six (6) months,
approved by the building official)
6.
Country Club
or golf course and related uses such as driving ranges but not including
similar forms of commercial amusement such as miniature golf
7.
Day nursery
or day care
8.
Greenhouse
and plant sales
9.
Home occupation
(businesses requiring more than one employee and customer who frequent
the establishment)
10.
Hospital
and related uses
11.
Microwave
tower (commercial)
12.
Modular
home
13.
Museum
(private)
14.
Public
utilities such as electric substation and transmission line (installations
such as electric substations, gas regulating stations, etc., and office,
repair, storage or production facilities must be located more than
100 feet from residential units)
15.
Riding
academy or other equestrian related facilities, commercial stables
16.
Sewage
treatment plant (private)
17.
Stadium
18.
University,
college or parochial school and related facilities (public or private)
21.7
“SF-1”
- Single-Family Residential District - 1; “SF-2” - Single-Family
Residential District - 2; “SF-3” - Single-Family Residential
District - 3; “2F” - Two-Family Residential District;
“MF-1” - Multiple-Family District; “MH” -
Mobile Home District:
1.
Airport (public
or private)
2.
Bed and breakfast
operation or tourist court
3.
Cemetery
4.
Charitable
organization other than churches
5.
Country Club
or golf course and related uses such as driving ranges, but not including
similar forms of commercial amusement such as miniature golf
6.
Day nursery
or day care center
7.
Home occupation
(businesses requiring more than one employee and customer who frequent
the establishment)
8.
Hospital
9.
Microwave
tower
10.
Modular
home
11.
Museum
12.
Patio homes,
single-family attached, townhouses or zero lot line dwellings
13.
Public
utilities such as electric substation and transmission line (installations
such as electric substations, gas regulating stations, etc., and office,
repair, storage or production facilities must be located more than
100 feet from residential units)
14.
Sewage
treatment plant (private)
15.
Stadium
16.
University,
college or parochial school and related facilities (public or private)
21.8
“CBD”
- Central Business District
1.
Antique shop
2.
Broadcasting
facilities, radio, television or microwave tower
3.
Carnival
(by resolution of City Council for specific time period)
4.
Carwash
5.
Cemetery
6.
Commercial
amusement (indoor only)
7.
Electric
substation, transmission line or other public use utilities
8.
Exhibition
hall
9.
Instrument
testing
10.
Janitor
service
11.
Laboratory
12.
Mortuary
or funeral parlor
13.
Television
studio
21.9-A
“R-1” - Retail
1.
Antique
shop (outside display)
2.
Airport
(public or private)
3.
Bowling
alley
4.
Broadcasting
facilities, radio, television or microwave tower
5.
Candle
manufacturing
6.
Candy manufacturing
7.
Carnival
(by resolution of City Council for specific time period)
8.
Cemetery
9.
Fairgrounds
10.
Food
sales (primarily serving drive-in customers)
11.
Garden
center (with outside storage)
12.
Heliport
or helistop
13.
Indoor
commercial amusement and amusement arcade
14.
Instrument
manufacturing or testing
15.
Office
showroom
16.
Open
storage uses
17.
Rodeo
or other sports arena
18.
Telegraph
office
19.
University
or parochial school and related facilities
20.
Zoo (public)
21.9-B
“CH”- Commercial Highway
1.
Any uses
permitted in the “R” Retail District
2.
Airport
(public or private)
3.
Antique
shop (outside display)
4.
Apartments
constructed to MF-1 standards
5.
Bowling
alley
6.
Broadcasting
facilities, radio, television or microwave tower
7.
Candle
manufacturing
8.
Candy manufacturing
9.
Carnival
(by resolution of City Council for specific time period)
10.
Cemetery
11.
Commercial
amusement, but not including drag strips, auto, motorcycle or go-cart
racing
12.
Community
Center, public or private
13.
Fairgrounds
14.
Food
sales (primarily serving drive-in customers)
15.
Garden
center (with outside storage)
16.
Heliport
or helistop
17.
Hotel
or Motel
18.
Hospital
or Nursing Home
19.
Indoor
commercial amusement and amusement arcade
20.
Instrument
manufacturing or testing
21.
Museum
22.
New car
sales (used car sales permitted only as an incidental use to the main
use)
23.
Office
showroom
24.
Open
storage uses
25.
Restaurant,
with drive-in service
26.
Rodeo
or other sports arena
27.
Telegraph
office
28.
University
or parochial school and related facilities
29.
Zoo (public)
21.10
“C-1”
- Commercial
1.
Airport
2.
Automobile,
truck or mobile home display or sales (new or used)
3.
Boat storage
4.
Butane storage
and sales
5.
Candle manufacturing
6.
Candy manufacturing
7.
Cemetery
8.
Concrete
batch plant (temporary permit issued by the City)
9.
Electric
substation, transmission line or other public use utility
10.
Electronic
manufacturing
11.
Heliport
or helistop
12.
Indoor
sports, recreation and entertainment
13.
Instrument
manufacturing or testing
14.
Kennels
(outside)
15.
Motion
picture theater (outdoor)
16.
Motor
freight terminal
17.
Moving
and storage company
18.
Nursing
home or home for the aged
19.
Private
club
20.
Rodeo
or other sports arena
21.11
“LI”
- Light Industrial
1.
Adult or
sexually oriented uses (adult bookstores, adult motion pictures, massage
parlors and nude modeling or photography studios)
2.
Airport
3.
Arsenal,
explosives or fireworks manufacturers
4.
Auto salvage
or junkyard
5.
Cemetery
6.
Coal, coke
or wood yard
7.
Concrete
or asphalt batching plant
8.
Drive-in
theater
9.
Electric
substation, transmission line and other public use utility
10.
Feedlot
11.
Gravel,
sand, stone or petroleum extraction
12.
Gun club
or shooting range
13.
Lumber
mill
14.
Other
mining activities
15.
Petroleum
products storage
16.
Planing
mill
17.
Printing
plant
18.
Rooming
house or boarding house
19.
Metal
exterior construction
20.
Any process
which refines raw materials
(Ordinance 173 adopted 6/7/88; Ordinance 040706, sec. 4, adopted 7/13/04; Ordinance 090112, sec. 5, adopted 1/22/09)
22.1
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[.]
22.2
Special
Off-Street Parking Provisions - Residential Districts
A.
All required
off-street parking spaces shall be located behind all building setback
lines in any agricultural, single-family, or duplex district. All
required parking spaces shall be located behind the required front
building setback line in the MF-1 District.
B.
Required
off-street parking shall be provided on the same site as the use it
is to serve.
C.
No required
parking shall be allowed except on a paved concrete or asphalt parking
space or other impervious surface.
22.3
Special
Off-Street Parking Provisions - Nonresidential and MF Districts
A.
To prevent
nuisance situations, all parking area lighting shall be designed and
operated so as not to reflect or shine on adjacent properties.
B.
For safety
and firefighting purposes, free access through to adjacent parking
areas shall be provided where practical.
C.
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.
D.
Each standard
off-street surface parking space shall measure not less than nine
feet by twenty feet (9' x 20'), 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 length may
be reduced to eighteen feet (18').
E.
All parking,
loading spaces, and vehicle sales areas on private property shall
have a vehicle stopping device installed so as to prevent motor vehicles
from being parked on any required landscape area or from overhanging
a public right-of-way or sidewalk. An extra-wide sidewalk on private
property may be permitted so as to allow encroachment of vehicle overhang
while maintaining an unobstructed three-foot (3') minimum sidewalk
width. The requirement shall apply only where spaces are adjacent
to the walks, right-of-way, and landscaping. Parking shall not be
permitted to overhang public right-of-way in any case.
F.
Refuse storage facilities placed in a parking lot shall not be located in a required parking or loading space. Each refuse facility shall be maintained so as to comply with all public health and sanitary regulations. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies and shall be screened according to Section 25.
G.
No required
parking shall be allowed except on a paved concrete or asphalt parking
space or other similar impervious surface.
22.4
Off-Street
Loading Space - All Nonresidential Districts
A.
All retail,
commercial, and industrial structures having five thousand (5,000)
square feet or more of gross floor area shall provide and maintain
off-street parking facilities for the loading and unloading of merchandise
and goods at a ratio of at least one (1) space for the first twenty
thousand (20,000) square feet of gross floor area and one (1) space
for each additional twenty thousand (20,000) square feet of gross
floor area or fraction thereof. A loading space shall consist of an
area of a minimum of twelve (12) by thirty (30) feet. All drives and
approaches shall provide adequate space and clearances to allow for
the maneuvering of trucks off-street.
B.
Kindergartens,
day schools, and similar child training and care establishments shall
provide one (1) paved off-street loading and unloading space on a
through “circular” drive for each ten (10) children, except
when otherwise provided for when a Specific Use Permit has been granted
(also see Section 21.3).
C.
Loading docks
for any establishment which customarily receives goods between the
hours of 10:00 P.M. and 7:00 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.
D.
Where adjacent
to residential uses or districts, off-street loading areas shall be
screened from view of the residential use or district.
22.5
Parking
Access From a Public Street - All Districts
A.
In all Districts
(except all Single-Family, Duplex, and Multifamily Districts) building
plans shall provide for entrance/exit drive(s) appropriately designed
and located to minimize traffic congestion or conflict within the
site and with adjoining public streets as approved by the City. Where
based upon analysis by the City, projected volumes of traffic entering
or leaving the proposed development are likely to interfere with the
projected peak traffic flow volumes on adjoining streets, additional
right-of-way, and paving in the form of a deceleration lane or turn
lane may be required to be furnished by the developer in order to
reduce such interference.
B.
In the approval
of a Site Plan (for specific use permits), consideration shall be
given to providing entrance/exit drives which extend into the site
to provide adequate queuing of vehicles on the site. Such drives shall
have curbs or other barriers to prohibit access from parking areas
and other drives.
C.
The radius
of all drive approaches shall be constructed so that the curb return
shall not extend beyond any projection of the property line which
the drive does not cross, except by written agreement of both property
owners filed for record with the County Clerk with proof supplied
to the City Council.
D.
Vehicular
access to nonresidential uses shall not be permitted from alleys serving
residential areas.
E.
Parking space
configuration, location, arrangement, size and circulation in all
Districts shall be constructed according to Illustrations 1, 2, 3,
4, or 5.
22.6
Parking
Requirements Based on Use:
In all Districts, there shall be provided, at the time any building
or structure is erected or structurally altered, off-street parking
spaces in accordance with the following requirements:
1.
Auto laundry:
One (1) space per five hundred (500) square feet of gross floor area
2.
Bank, Savings
and Loan or similar institutions: One (1) space per three hundred
(300) square feet
3.
Bowling alley:
Six (6) parking spaces for each alley or lane
4.
Business
or professional office (general): One (1) space per three hundred
(300) square feet of gross floor area, except as otherwise specified
herein
5.
Church or
other place of worship: One (1) parking space for each three (3) seats
in the main auditorium
6.
College or
University: One (1) space per each day student
7.
Community
Center, Library, Museum, or Art Gallery: Ten (10) parking spaces plus
one (1) additional space for each three hundred (300) square feet
of floor area in excess of two thousand (2,000) square feet. If an
auditorium is included as a part of the building, its floor area shall
be deducted from the total and additional parking provided on the
basis of one (1) space for each four (4) seats that it contains
8.
Commercial
Amusement: One (1) space per three (3) guests or one (1) space per
one hundred (100) square feet of gross floor area, whichever is greater
9.
Dance Hall,
Assembly or Exhibition Hall Without Fixed Seats: One (1) parking space
for each one hundred (100) square feet of floor area
10.
Day Nursery:
One (1) space per ten (10) pupils plus one (1) space per teacher
11.
Dwellings
(except MF): Two spaces per individual unit
12.
Dwellings,
Multifamily: Two (2) spaces per each one- and two-bedroom units and
two and one-half (2-1/2) spaces per each three-bedroom unit
13.
Fraternity,
Sorority, or Dormitory: One (1) parking space for each two (2) beds
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
three hundred (300) square feet of floor area over one thousand (1,000)
15.
Gasoline
Station: Minimum of six (6) spaces
16.
Golf Course:
Three (3) parking spaces per hole
17.
Hospital:
One (1) space per employee on the largest shift, plus one and one-half
(1-1/2) spaces per each bed
18.
Hotel:
One (1) parking space for each sleeping room or suite plus one (1)
space for each two hundred (200) square feet of commercial floor area
contained therein
19.
Library
or Museum: Ten (10) spaces plus one (1) space for every three hundred
(300) square feet
20.
Lodge or
Fraternal Organization: One (1) space per two hundred (200) square
feet
21.
Manufacturing
or Industrial Establishment, Research or Testing Laboratory, Creamery,
Bottling Plant, Warehouse, Printing or Plumbing Shop, or Similar Establishment:
One (1) parking space for each employee on the maximum working shift
plus space to accommodate all trucks and other vehicles used in connection
therewith, but not less than one (1) parking space for each one thousand
(1,000) square feet of floor area
22.
Medical
or Dental Office: One (1) space per one hundred seventy-five (175)
square feet of floor area
23.
Mini-Warehouse:
Four (4) spaces per complex plus (1) one per five thousand (5000)
square feet of storage area
24.
Mobile
Home Park: Two (2) spaces for each mobile home plus additional spaces
as required herein for accessory uses
25.
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.
Motel:
One (1) parking space for each sleeping room or suite plus one (1)
space for each two hundred (200) square feet of commercial floor area
contained therein
27.
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
28.
Nursing
Home: One (1) space per five (5) beds and one (1) parking space for
each one thousand (1,000) square feet of lot area for outdoor uses
29.
Country
Club or Golf Club: One (1) parking space for each one hundred fifty
(150) square feet of floor area or for every five (5) members, whichever
is greater
30.
Retail
Uses or Personal Service Establishments, Except as Otherwise Specified
Herein: One (1) space per two hundred (200) square feet of gross floor
area
31.
Restaurant,
Private Club, Nightclub, Cafe or Similar Recreation or Amusement Establishment:
One (1) parking space for each one hundred (100) square feet of floor
area
32.
Rooming
or Boarding House: One (1) parking space for each sleeping room
33.
Sanitarium,
Convalescent Home, Home for the Aged or Similar Institution: One (1)
parking space for each five (5) beds
34.
School,
Elementary: One (1) parking space for each fifteen (15) students (design
capacity)
35.
School,
Secondary or Middle: One (1) parking space for each fourteen (14)
students (design capacity)
36.
School,
High School: One space for each 1.5 students, faculty and staff
37.
Theater,
Auditorium (except school), Sports Arena, Stadium, or Gymnasium: One
(1) parking space for each three (3) seats or bench seating spaces
38.
Warehouse,
Wholesale, Manufacturing and Other Industrial Type Uses: One (1) space
for one thousand (1,000) square feet of gross floor area
22.7
Rules for
Computing Number of Parking Spaces:
In computing the
number of parking spaces required for each of the above uses, the
following rules shall govern:
A.
“Floor
Area” shall mean the gross floor area of the specific use.
B.
Where fractional
spaces result, the parking spaces required shall be constructed [construed]
to be the nearest whole number.
C.
The parking
space requirement for a use not specifically mentioned herein shall
be the same as required for a use of similar nature.
D.
Whenever
a building or use constructed or established after the effective date
of this Ordinance is changed or enlarged in floor area, number of
employees, number of dwelling units, seating capacity or otherwise,
to create a need for an increase of ten percent (10%) or more in the
number of existing parking spaces, such spaces shall be provided on
the basis of the enlargement or change. Whenever a building or use
existing prior to the effective date of this Ordinance is enlarged
to the extent of fifty percent (50%) or more in floor area or in the
area used, said building or use shall then and thereafter comply with
the parking requirements set forth herein.
E.
In the case
of mixed uses, the parking spaces required shall equal the sum of
the requirements of the various uses computed separately. Up to sixty
percent (60%) of the parking spaces required for a theater or other
place of evening entertainment, or for a church, may be provided and
used jointly by banks, offices, and similar uses not normally open,
used, or operated during evening hours if specifically approved by
the Planning and Zoning Commission. Such approval may be rescinded
by the City Council and additional parking shall be obtained by the
owners in the event that the City Council determines that such joint
use is resulting in a public nuisance by providing an inadequate number
of parking spaces or otherwise adversely affecting the public health,
safety, or welfare.
22.8
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:
A.
Where an
increase in the number of spaces is required by a change or enlargement
of use or where such spaces are provided collectively or used jointly
by two (2) or more buildings or establishments, the required spaces
may be located not to exceed three hundred (300) feet from an institutional
building served and not to exceed six hundred (600) feet from any
other nonresidential building served.
B.
In any case,
where the required parking spaces are not located on the same lot
with the building or use served, or where such spaces are collectively
or jointly provided and used, a written agreement thereby assuring
their retention for such purposes, shall be properly drawn and executed
by the parties concerned, approved as to form by the City Attorney
and shall be filed with the application for a building permit.
22.9
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 or products for
sale.
(Ordinance 173 adopted 6/7/88)
23.1
Lot Area:
A.
The minimum
residential lot area for the various Districts shall be in accordance
with the individual use schedule, except in the case where a lot having
less area than herein required which was an official “lot of
record” prior to the adoption of this Ordinance, may be used
for a single-family dwelling and no lot existing at the time of passage
of this Ordinance shall be reduced in area below the minimum requirements
set forth in the respective District.
B.
Public and
semi-public institutions such as hospitals, churches, and schools
located in any District shall have a minimum site area of one (1)
acre.
C.
Location
of Dwellings and Buildings - Only one main building for single-family
and two-family use, with permitted accessory buildings, may be located
upon a lot or unplatted tract. Every means of access shall have a
minimum width of twenty-five feet (25'). Where a lot is used for retail
and dwelling purposes, more than one (1) 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 do not face
upon a public street, the same may be permitted when the site plan
for such development is approved by the Planning and Zoning Commission
so as to comply with the State requirements for platting. 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.
23.2
Front Yard:
A.
On corner
lots, the front yard setback shall be observed along the frontage
of both intersecting streets (unless shown specifically otherwise
on a final plat according to Section 23.3 A).
B.
Where the
frontage on one side of a street between two intersecting streets
is divided by two or more zoning districts, the front yard shall comply
with the requirements of the most restrictive district for the entire
frontage (See Illustration 6).
C.
Where a building
line has been established by a plat approved by the City Council or
by ordinance, and such line required a greater or lesser front yard
setback than is prescribed by this Ordinance for the district in which
the building line is located, the required front yard shall comply
with the building line so established by such Ordinance or plat, provided
no such building line shall be less than twenty feet (20').
D.
The front
yard shall be measured from the property line to the front face of
the building, covered porch, covered terrace or attached accessory
building. Eaves and roof extensions or a porch without posts or columns
may project into the required front yard for a distance not to exceed
four feet (4'), and subsurface structures, platforms or slabs may
not project into the front yard to a height greater than thirty inches
(30") above the average grade of the yard. (See Illustration 7)
E.
Where lots
have double frontage, extending from one street to another, a required
front yard shall be provided on both streets unless a building line
for accessory buildings has been established along one frontage on
the plat or by ordinance, in which event only one required front yard
need be observed. (See Illustration 8) Fireplaces, bay windows and
other similar construction not exceeding seven feet (7') in width
may extend two feet (2') into a required yard, provided the total
length of all such projections into a yard shall not exceed one-third
(1/3) the length of the exterior wall, excluding garages adjacent
to that yard. However, no projections shall extend beyond the property
line.
F.
In all residential
districts, the minimum front yards specified may be reduced by a maximum
of five feet (5') if twenty-five percent (25%) of the dedicated street
lengths in the subdivision are curvilinear in design. In no case shall
the required front yard be less than twenty feet (20'). The term “curvilinear
in design” shall refer to any street segment which is designed
with a degree of curvature not less than 3° 30' and not greater
than 22° 55', and which shall offset a minimum distance of thirty
feet (30'), said offset being measured perpendicular to the initial
tangent line of the curve. Computation of percentage of curvilinear
streets shall utilize the centerline of all interior streets. (See
Illustration 9)
G.
The minimum
front yard setback requirements may be reduced by five feet (5') in
all Single-Family and 2F Districts provided that at least fifty percent
(50%) of the structures on a given block are set back an additional
five feet (5') from the original setback. The average setback would
equal the original setback requirement. The purpose of this requirement
is to encourage a variety of front yard setbacks along a street creating
a more pleasing appearance of houses in the subdivision. In no case
shall the front yard setback be less than twenty feet (20'). The desired
setbacks for each lot shall be designated on the final plan. (See
Illustration 10)
H.
Minimum front
yard setbacks for lots with predominant frontage on the curved radius
of a dedicated cul-de-sac street shall be twenty feet (25').
I.
Visual clearance
shall be provided in all zoning districts so that no fence, wall,
architectural screen, earth mounding or landscaping extends higher
than two and one-half (2-1/2) feet to obstruct the vision of a motor
vehicle driver approaching any street[,] alley or driveway intersection.
1.
At a street
intersection, clear vision must be maintained for a minimum of twenty-five
feet (25') across any lot measured from the corner of the street curb
in both directions. (See Illustration 11)
2.
At an intersection
with an alley, this clearance must be maintained for ten feet (10').
(See Illustration 12)
3.
Fences,
walls, and hedges two and one-half feet (2-1/2') in height or less
may be located in the visual clearance areas of all districts.
J.
Gasoline
service station pump islands may not be located nearer than eighteen
feet (18') to the front property line. An unenclosed canopy for a
gasoline filling station may extend beyond the front building line
but shall never be closer than ten feet (10') to the property line.
K.
Where a future
right-of-way line has been established for future widening or opening
of a street or thoroughfare, upon which a lot abuts, then the front
or side yard shall be measured from the future right-of-way line.
L.
Satellite
dishes are prohibited in the front yard area of any District.
23.3
Side Yards:
A.
On a corner
lot used for one- or two-family dwellings, both street exposures shall
be treated as front yards on all lots platted after the effective
date of this Ordinance, except that where one street exposure is designated
as a side yard and separated from the adjacent lot by an alley. In
such case, a building line shall be designated on the plat approved
by the Planning and Zoning Commission containing a side yard of fifteen
feet (15') or more. On lots which were official lots of record prior
to the effective date of this Ordinance, the minimum side yard adjacent
to a side street shall comply with the minimum required side yard
for the respective districts.
B.
Every part
of a required side yard shall be open and unobstructed except for
accessory buildings as permitted herein and the ordinary projections
of window sills, belt courses, cornices, and other architectural features
not to exceed twelve inches (12") into the required side yard, and
projecting roof eaves not to exceed thirty-six inches (36") into the
required side yard.
23.4
Special
Height Regulations:
A.
In the districts
where the height of buildings is restricted to two and one-half (2-1/2)
stories, cooling towers, roof gables, chimneys and vent stacks may
extend for an additional height not to exceed thirty-five feet (35')
above the average grade line of the building. Water standpipes and
tanks, church steeples, domes, and spires, school buildings, and institutional
buildings may be erected to exceed three (3) stories in height, provided
that one (1) additional foot shall be added to the width and depth
of front, side, and rear yards for each foot that such structures
exceed three (3) stories.
B.
Amateur radio
antennas and other transmitting and receiving devices of microwave
or electromagnetic waves for broadcasting use, shall not interfere
with radio or television reception of adjoining property owners, and
shall comply with all regulations of the Federal Communications Commission
(FCC). In no case shall the height of such antennas exceed forty feet
(40') and proper guy wire securement shall be followed. In no manner
shall the use of such equipment infringe upon adjoining property owners.
Roof-mounted satellite dishes in excess of fifty (50) pounds shall
be approved by a registered architect or engineer by written letter
to the city secretary, prior to installation, stating the antenna’s
stability and support.
23.5
All measurements
of setback requirements shall be made according to Illustration 13.
23.6
Metal exterior
construction buildings are not permitted in any district as a primary
use except in the LI District by SUP.
23.7
Swimming
Pools:
It is the purpose of these provisions to recognize
an outdoor swimming pool as a potential 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.
A.
Permits
and Approvals:
Swimming pools must be constructed according
to the following:
1.
The pool
may not be located in any required front or side yard abutting a street
2.
A wall
or fence, not less than four feet (4') in height, with self-latching
gates at all entrances, completely encloses either the pool area or
the surrounding yard area
3.
All lighting
of the pool is shielded or directed to face away from adjoining residences.
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 from adjacent properties
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
23.8
Radio,
Television, and Microwave Towers:
No radio, television,
or microwave tower shall be located within a distance equal to or
less than the height of such tower from any residential structure
or from any area zoned residential, or shown as residential on the
current Comprehensive Plan. Such distance shall be measured as the
shortest possible distance in a straight line from the closest point
of the tower to the closest point of such area or residence
23.9
A modular
home may be permitted in any A, RE, SF, 2F, or MF Zoning District
by SUP providing that the following requirements are met:
A.
The dwelling
meets or exceeds all building code requirements that apply to other
dwelling units concerning on-site construction
B.
Conforms
to all applicable zoning standards for the respective zoning district
C.
If affixed
to a permanent foundation
D.
The City
Secretary is so notified in writing for the purpose of establishing
procedures for the inspection, issuing of building permits, and compliance
with the Texas Manufactured Housing Standards Act (Article 1221f V.T.C.S.)
E.
The modular
home is placed on an approved platted lot of the City of Italy
(Ordinance 173 adopted 6/7/88)
24.1
In a residence
or apartment district, an accessory building is a subordinate or incidental
building, attached to or detached from the main building without separate
bath or kitchen facilities, not used for commercial purposes and not
rented
24.2
In other
districts, an accessory building is a subordinate building, the use
of which is incidental to and used only in conjunction with the main
building
24.3
Accessory
dwelling units in the RE District shall be allowed as an incidental
residential use of a building on the same lot as the main dwelling
unit and used by the same person and meets the following standards:
A.
Accessory
buildings must be designed and constructed so that they are in keeping
with the general architecture of the development
B.
Buildings
with corrugated metal siding shall not be permitted, but “Delta”
type metal siding is acceptable. Corrugated metal roofing will be
acceptable
C.
The accessory
dwelling unit must be constructed to the rear of the main dwelling,
separate from that upon which the main dwelling is constructed. Each
lot must have a minimum of one-half (1/2) acre per dwelling unit constructed
upon it
D.
An accessory
dwelling unit must be constructed to a minimum of SF-3 construction
standards
E.
The accessory
dwelling unit may be constructed only with the issuance of a Specific
Use Permit
F.
The accessory
dwelling unit may not be sold separately from sale of the entire property,
including the main dwelling unit, and shall not be rented or leased
G.
Accessory
shall be at least twenty-five feet (25') from any side property line
and twenty feet (20') from rear property line unless the rear property
line is adjacent to a railroad track, then no setback is required
24.4
Area Regulations
for Accessory Buildings in Residential and Apartment Districts:
A.
Size of
Yards:
1.
Front
Yard:
Attached front accessory buildings shall have a
front yard not less than the main building or as specified in the
particular district. Detached accessory buildings shall be located
in the area defined as the rear yard, with a minimum setback of sixty
feet (60') from the front property line.
2.
Side Yard:
There shall be a side yard not less than five feet (5') from
any side lot line or alley line for any accessory building provided
that such building is separated from the main building by a minimum
distance of fifteen feet (15'). In the case of an accessory building
being closer than fifteen feet (15') to the main building, the minimum
side yard requirements for the main building shall be observed. Accessory
buildings adjacent to a side street shall have a side yard not less
than fifteen feet (15'). Garages located and arranged so as to be
entered from the side yard shall have a minimum distance of twenty
feet (20') from the side lot line or alley line. Carports arranged
to be entered from the side yard, whether adjacent to an alley or
street, shall have a minimum distance equal to the required side yard
for the main building.
3.
Rear Yard:
There shall be a rear yard not less than five feet (5') from
any lot line or alley line, except that if no alley exists, the rear
yard shall be not less than ten feet (10') as measured from the rear
lot line. Where apartments are permitted, the main building and all
accessory buildings shall not cover more than fifty percent (50%)
of that portion of the lot lying to the rear of a line erected joining
the midpoint of one side lot line with the midpoint of the opposite
side lot line. Carports, garages, or other accessory buildings, located
within the rear portion of a lot as heretofore described, constructed
closer than fifteen feet (15') to the main building, shall have a
rear yard equivalent to the rear yard requirement for the main building,
except that a carport may be constructed within three feet (3') of
the rear property line if there is an alley adjacent to the rear.
If an accessory building is located within three feet (3') of a rear
lot line, the height of the building shall be no greater than eight
feet (8') and a solid fence or wall of the same height shall be built
on the rear lot line to screen the building from property located
to the rear. Garages arranged so as to be entered by a motor vehicle
from an alley or rear alley easement shall be set back from the rear
yard or alley easement line a minimum distance of twenty feet (20').
4.
The maximum
size of any accessory building shall be six hundred (600) square feet
unless approved by specific use permit.
24.5
[Reserved]
24.6
Accessory
Buildings in MH District:
In the MH District, no carport,
garage, storage building, office, or caretaker’s dwelling, laundry
house, or other permitted structure may be located nearer than ten
feet (10') to any side or rear line of a plot, lot, tract, or stand
except that such structure may be located within five feet (5) of
the side or rear line of a plot, or tract. Such structures shall also
be subject to front yard requirements above.
(Ordinance 173 adopted 6/7/88)
25.1
Purpose:
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.
25.2
Location
of Required Screening:
A.
In the event
that a multifamily or nonresidential Zoning District sides or backs
upon an RE, SF or 2F District, or in the event that any nonresidential
district sides or backs to a multifamily district, a solid screening
wall or fence 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 barrier between the properties. The owner of such property
shall be responsible for and shall build the required wall or fence
on his property line dividing his property from the residential district.
In cases where the Planning and Zoning Commission finds this requirement
to be impractical for immediate construction, it may grant a temporary
or permanent waiver of the required screening wall or fence until
such time as the screening wall or fence may be deemed necessary by
the City Council. In cases where the Planning and Zoning Commission
finds this requirement to be better met by an irrigated living screen,
the same may be substituted for the screening wall after a landscape
plan has been prepared to demonstrate equal visual screening. Any
screening wall or fence required under the provisions of this section,
a Specific Use Permit, or other requirement, shall be constructed
of masonry or reinforced concrete (unless alternatives are specifically
permitted). Screening wall alternatives shall not contain openings
constituting more than forty (40) square inches in each one square
foot of wall or fence surface. All wall or fence openings shall be
equipped with gates equal in height and screening characteristics
to the wall or fence.
B.
Where the
rear or service area of a nonresidential use is adjacent to or faces
a public thoroughfare with greater than sixty feet (60') of right-of-way,
screening a minimum of six feet (6') in height shall be provided.
The screening fence shall be constructed to conceal the loading areas
from the public traffic on the thoroughfare.
C.
In all districts
where screening of loading areas facing a street is required, screening
shall be provided not less than six feet (6') in height adjacent to
the loading area at the property line. Said screening shall be required
along all streets except where such use was in existence at the date
of adoption of this Ordinance. Screening adjacent to a street shall
be masonry. Other types of screening devices may be approved by the
Planning and Zoning Commission and City Council.
D.
In all districts
where screening of open storage is required, such screening shall
be required only for those areas used for open storage. A six-foot
(6') high fence shall be provided and maintained at the property line
adjacent to the area to be screened. Screening of open storage areas
may be of materials other than masonry if approved by the Planning
& Zoning Commission.
E.
Refuse storage
areas not adjacent to an alley or rear service area for all uses other
than single-family and duplex dwellings shall be visually screened
by a six-foot (6') high solid fence on all sides except the side used
for garbage pickup service; such side shall not be required to be
screened.
F.
No fence,
screen wall, or other visual barrier shall be so located or placed
that it obstructs the vision of a motor vehicle driver approaching
any street or drive intersection, in accordance with Section 23.2
(I).
G.
Where any
alley intersects with a street, no fence or plant taller than thirty
(30) inches may be placed within a sight visibility triangle defined
by measuring ten feet (10') to a point along the property lines and
joining said points to form the hypotenuse of the triangle. (See Illustration
12)
H.
All required
screening walls shall be equally finished on both sides of the wall.
I.
In any residential
district or along the common boundary between any residential and
nonresidential district where a wall, fence, or screening separation
is erected, the following standards for height, location, and design
shall be observed:
1.
Any required
fence or wall located to the rear of the minimum required front yard
line, except as determined by the provisions of Section 23.2 (I),
shall not exceed eight feet (8') in height above the grade of the
adjacent property.
2.
The maximum
height of a fence or wall in a required front yard of a single-family,
duplex, patio home, or single-family attached district shall not exceed
thirty (30) inches. Combinations of berms and fences shall not exceed
thirty (30) inches in height.
3.
Where a
corner lot is platted with two front yards, and a house is constructed
facing one of the front yards, the second front yard shall be deemed
to be a side yard, which may be fenced in the same manner as any other
side yard adjacent to a street, except that the fence shall be constructed
on an angle beginning at the intersection of the building line with
the lot line and ending at a point on the street right-of-way located
a minimum of ten feet (10') from the lot line. (See Illustration 14)
(Ordinance 173 adopted 6/7/88)
26.1
For the
purpose of these regulations, certain terms and words are to be used
and interpreted as defined hereinafter. Words used in the present
tense shall include the future tense; words in the singular number
include the plural and words in the plural number include the singular,
except where the natural construction of the writing indicates otherwise.
The word “shall” is mandatory and not directory.
1.
ACCESSORY
BUILDING
A subordinate building or a portion of the main building located
on the same lot as the main building, the use of which is incidental
to that of the dominant use of the building or premises. Accessory
buildings shall include parking garages, adjacent farm structures,
home workshops and tool houses, storage sheds, home greenhouses, etc.
2.
ACCESSORY
USE
A use customarily incidental, appropriate and subordinate to
the principal use of land or buildings and located upon the same lot
therewith
3.
ADVERTISING
SIGN OR STRUCTURE
Any cloth, card, paper, metal, glass, wooden, plastic, plaster
or stone sign or other sign, device or structure of any character
whatsoever, including a statuary or place for outdoor advertising
purposes on the ground or any tree, wall, bush, rock, post, fence,
building or structure. The term “placed” shall include
erecting, constructing, posting, painting, printing, tacking, mailing,
gluing, sticking, carving, or otherwise fastening, affixing or making
visible in any manner whatsoever. The area of an advertising structure
shall be determined as the area of the largest cross-section of such
structure. Neither directional, warning or other signs posted by public
officials in the course of their public duties nor merchandise or
materials being offered for sale shall be construed as advertising
signs for the purpose of this Ordinance
4.
AIRPORT
A place where an aircraft can land and take off, usually equipped
with hangars, facilities for refueling and repair, and various accommodations
for passengers
5.
ALLEY
A minor right-of-way, dedicated to public use, which affords
a secondary means of vehicular access to the back or side of properties
otherwise abutting a street, and which may be used for public utility
purposes
6.
AMUSEMENT
ARCADE (ALSO VIDEO ARCADE)
Any building, room, place or establishment of any nature or
kind and by whatever name called, where more than two (2) amusement
devices are operated for a profit, whether the same be operated in
conjunction with any other business or not, including but not limited
to such amusement devices as coin-operated pinball machines, video
games, electronic games, shuffleboards, pool tables or other similar
amusement devices. Provided, however, the term “amusement device,”
as used herein, shall not include musical devices, billiard tables
which are not coin-operated machines designed exclusively for children
and devices designed to train persons in athletic skills or golf,
tennis, baseball, archery or other similar sports
7.
ANTENNA
An instrument or device designed for transmitting or receiving
any portion of the radio or microwave spectrum by residential uses
and for noncommercial purposes
8.
ANTENNA (AMATEUR
RADIO OR CB RADIO)
Antennas not exceeding forty feet (40') in height above the
ground elevation at the base of the tower, pole, structure or support
9.
ANTENNA (COMMERCIAL)
OR MICROWAVE TOWER
An antenna in excess of forty feet (40') in height from the
base primarily used for commercial broadcasting. Also referred to
as a microwave tower
10.
ANTIQUE
SHOP, SALES IN BUILDING
A retail establishment engaged in the selling of works of art,
furniture or other artifacts of an earlier period, with all sales
and storage occurring inside a building
11.
APARTMENT
HOUSE
See Multiple-Family Dwelling
12.
AUTO LEASING
AND RENTING
Storage, leasing or renting of automobiles, motorcycles, and
light load vehicles
13.
AUTO PARKING
LOT OR GARAGE
An area or structure designed for the parking of motor vehicles
14.
AUTO PARTS,
SALES IN BUILDING
The use of any building or other premise for the primary inside
display and sale of new or used parts for automobiles, panel trucks
or vans, trailers, or recreation vehicles
15.
AUTO PARTS,
SALES IN OPEN
The use of any land area for the outside display and sale of
new or used parts for automobiles, panel trucks or vans, trailers,
or recreation vehicles
16.
AUTO STORAGE
The storage on a lot or tract of operable automobiles for the
purpose of holding such vehicles for sale, distribution or storage
17.
AUTOMOBILE
A self-propelled mechanical vehicle designed for use on streets
and highways for the conveyance of goods and people including but
not limited to the following: passenger cars, trucks, buses, motor
scooters and motorcycles
18.
AUTOMOBILE
REPAIR GARAGE
An establishment providing major or minor automobile repair
services to all motor vehicles, except heavy load vehicles
19.
AUTOMOBILE
REPAIR, MAJOR
General repair or reconditioning of engines, air conditioning
systems and transmissions for motor vehicles; wrecker service; collision
services, including body, frame or fender straightening or repair;
customizing; painting; vehicle steam cleaning; undercoating and rustproofing;
those uses listed under “Automobile Repair, Minor”; and
other similar uses
20.
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 motor vehicles except heavy load
vehicles, but not including any operation named under “Automobile
Repair, Major” or any other similar use
21.
AUTOMOBILE
SERVICE STATION (GAS STATION)
Any building, land area or other premises, or portion thereof,
used or intended to be used for the retail dispensing or sales of
automobile fuels, lubricants, and automobile accessories, including
those operations listed under Minor Automobile Repair. Vehicles which
are inoperative or are being repaired may not remain parked outside
an Automobile Service Station for a period greater than seven days
22.
BANK, SAVINGS
AND LOAN, OR 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.
BAKERY
AND CONFECTIONERY WORKS
A manufacturing facility for the production and distribution
of baked goods and confectioneries
24.
BASEMENT
(OR CELLAR)
A story partly or wholly underground. For purposes of height
measurement, a basement shall be counted as a story when more than
one-half of its height is above the average level of the adjoining
ground or when subdivided and used for commercial or dwelling purposes
by other than a janitor employed on the premises
25.
BOARDING
HOUSE
A dwelling other than a hotel, where for compensation, and by
prearrangement for definite periods, meals or lodging and meals are
provided for three (3) persons or more, but not exceeding twenty (20)
persons on a weekly or monthly basis
26.
BUILDING
Any structure intended for shelter, housing or enclosure for
persons, animals or chattel. When separated by dividing walls without
openings, each portion of such structure so separated shall be deemed
a separate building
27.
BUILDING
HEIGHT
The vertical distance from the average line of the highest and
lowest points of that portion of the lot covered by the building to
the highest point of coping of a flat roof, or a deck line of a mansard
roof or to the average height of the highest gable of a pitch or hip
roof
28.
BUILDING
LINE
A line parallel, or approximately parallel, to the front lot
line at a specific distance therefrom, marking the minimum distance
from the front lot line that a building may be erected
29.
BUILDING,
MAIN
A building in which the principal use of the lot on which it
is situated is conducted. In a residential district any dwelling shall
be deemed to be a main building on the lot on which it is situated
30.
BUILDING
MATERIALS AND HARDWARE, INSIDE STORAGE
Materials and hardware customarily used in the construction
of buildings and other structures, including facilities for storage
inside a building
31.
BUILDING
MATERIALS AND HARDWARE, OUTSIDE STORAGE
Materials and hardware customarily used in the construction
of buildings and other structures, including facilities for storage
outside a building
32.
BUILDING
OFFICIAL
The building inspector or administrative official charged with
responsibility for issuing permits and enforcing the Zoning Ordinance
and Building Code
33.
BUSINESS
SERVICE
This group includes establishments primarily engaged in providing
services, not elsewhere classified, to business enterprises on a fee
contract basis, and including, but not limited to, advertising agencies,
computer programming and software services, and office equipment rental
or leasing
34.
CABINET
AND UPHOLSTERING SHOP
An establishment for the production, display and sale of cabinets,
furniture and soft coverings for furniture
35.
CARPORT
A structure open on a minimum of three (3) sides designed or
used to shelter not more than three vehicles and not to exceed twenty-four
feet (24') on its longest dimension
36.
CARWASH
Structure used to wash motorcycles, automobiles and light load
vehicles
37.
CEMETERY
Property used for the interring of the dead
38.
CERTIFICATE
OF OCCUPANCY
An official certificate issued by the City through the Building
Official which indicates conformance with or approved conditional
waiver from the zoning regulations and authorizes legal use of the
premises for which it is issued; may be referred to as an Occupancy
Permit
39.
CHILD CARE
CENTER (OR DAY CARE CENTER)
Any place, home, or institution which receives three (3) or
more children under the age of sixteen (16) years, and not of common
parentage, for care apart from their natural parents, legal guardians
or custodians, when received for regular periods of time for compensation,
excluding the caretaker’s own children, and which provides care
after school 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 children, does not exceed
sixteen (16) at any given time. The term “child care center”
shall not include overnight lodging, medical treatment, counseling
or rehabilitative services and does not apply to any school
40.
CHURCH
OR RECTORY
A building for regular assembly for religious worship which
is used primarily and designed for such purpose and those accessory
activities which are customarily associated therewith, and the place
of residence for ministers, priests, nuns or rabbis on the premises
41.
CITY COUNCIL
The governing body of the City of Italy, Texas
42.
COMPREHENSIVE
PLAN
Graphic and textual form policies which govern the future development
of the City and which consists of various components governing specific
geographic areas and functions and services of the City
43.
COMMERCIAL
AMUSEMENT (INDOOR)
An amusement or entertainment enterprise wholly enclosed and
operated within a building. This includes, but is not limited to,
bowling alleys, skating rinks, health clubs, racquetball clubs, dance
halls or other entertainment-type clubs, bingo parlors, indoor tennis
courts, swimming pools and nautilus facilities
44.
COMMERCIAL
AMUSEMENT (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-cart tracks,
water slides and carnivals
45.
COMMUNITY
CENTER
A building or complex of buildings that house cultural, recreational,
athletic, or entertainment facilities owned and/or operated by a governmental
agency or private nonprofit agency
46.
CONCRETE
OR ASPHALT BATCHING PLANT (PERMANENT)
A permanent manufacturing facility for the production of concrete
or asphalt
47.
CONCRETE
OR ASPHALT BATCHING PLANT (TEMPORARY)
A temporary manufacturing facility for the production of concrete
or asphalt during construction of a project, and to be removed when
the project is completed
48.
CONSTRUCTION
YARD (TEMPORARY)
A storage yard or assembly yard for building materials and equipment
directly related to a specific construction project and subject to
removal at completion of construction
49.
CONTRACTOR’S
SHOP AND STORAGE YARD
A building, part of a building, or land area for the construction
or storage of materials, equipment, tools, products, and vehicles
50.
COUNTRY
CLUB (PRIVATE)
A land area and buildings which may include a golf course, clubhouse,
dining room, swimming pool, tennis courts and similar recreational
or service uses available only to members and their guests
51.
COURT
An open, unobstructed space, bounded on more than two sides
by the walls of a building. An inner court is entirely surrounded
by the exterior walls of a building. An outer court has one side open
to a street, alley, yard, or other permanent open space
52.
COVERAGE
The lot area covered by all buildings located thereon, including
the area covered by all overhanging roofs
53.
DISTRICT
Any section or sections of the City for which the regulations
governing the use of land and the use, density, bulk, height and coverage
of buildings and other structures are uniform for each class or kind
of building therein
54.
DRY CLEANING,
SMALL SHOP
A custom cleaning shop or pickup station not exceeding 5,000
square feet of floor area, including but not limited to, dry cleaning
plants having no more than 5,000 square feet of floor area
55.
DWELLING
Any building or portion thereof, which is designed or used as
living quarters for one or more families, but not including mobile
homes (See Mobile Home)
56.
DWELLING,
SINGLE-FAMILY
A detached dwelling designed to be occupied by not more than
one family
57.
DWELLING,
SINGLE-FAMILY ATTACHED (TOWNHOUSE)
A dwelling that is part of a structure containing three or more
units, each designed for occupancy by one family with each unit attached
by a common wall, a minimum of twenty (20) feet in length
58.
DWELLING,
TWO-FAMILY, “DUPLEX”
A detached dwelling designed to be occupied by two families
living independently of each other
59.
DWELLING
UNIT (MODEL)
A single-family dwelling in a developing subdivision located
on a legal lot of record that is limited to temporary use as a sales
office for the subdivision and to provide an example of the dwellings
which have been built or which are proposed to be built in the same
subdivision
60.
DWELLING,
MULTIPLE-FAMILY
Attached dwelling units designed to be occupied by three or
more families living independently of one another, exclusive of hotels
or motels
61.
EASEMENT
A grant of one or more of the property rights by the property
owner to and/or for the use by the public, a corporation or another
person or entity
62.
ELECTRICAL
SUBSTATION
A subsidiary station in which electric current is transformed
63.
ENGINE
AND MOTOR REPAIR
The adjustment, reconditioning or restoration to working order
of engines and motors
64.
FAMILY
One or more persons related by blood, marriage, or adoption,
or a group not to exceed four (4) persons not all related by blood
or marriage, adoption or guardianship, occupying a dwelling unit and
living as a single housekeeping unit
65.
FAMILY
HOME
A place where not more than six (6) physically or mentally impaired
or handicapped persons are provided room and board, as well as supervised
care and rehabilitation by not more than two (2) persons
66.
FARM, RANCH,
GARDEN OR ORCHARD
An area of five (5) acres or more which is used for growing
usual farm products, vegetables, fruits, trees, and grain and for
the raising thereon of the usual farm poultry and farm animals such
as horses, cattle, and sheep 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 or law
67.
FEED STORE
An establishment for the selling of corn, grain and other foodstuffs
for animals and livestock, and including implements and goods related
to agricultural processes, but not including farm machinery
68.
FIELD CONSTRUCTION
OFFICE
A building or structure, of either permanent or temporary construction,
used in connection with a development or construction project 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
69.
FLEA MARKET
An outdoor, or partially indoor premise where the main use is
the sale of new and used household goods, personal effects, tools,
artwork, small household appliances, and similar merchandise, objects,
or equipment, in small quantities, in broken stalls, lots or parcels,
not in bulk, for the use or consumption by the immediate purchaser
in a building, open air, or partly enclosed booths or stalls not within
a wholly enclosed building. The term flea market shall not be deemed
to include wholesale sales establishments or rental services establishments,
but shall be deemed to include personal service establishments, food
services establishments, retail services establishments, and auction
establishments
This definition does not pertain to retail sidewalk sales or
garage sales
70.
FLOODPLAIN
An area of land subject to inundation by a 100-year frequency
flood
71.
FLOOR AREA
The total square feet of floor space within the outside dimensions
of a building including each floor level, but excluding carports,
residential garages, and breezeways
72.
FLORIST
SHOP
An establishment for the display and retail sale of flowers,
small plants and accessories
73.
FOOD STORE
A business establishment that displays and sells consumable
goods that are not to be eaten on the premises
74.
FRATERNAL
ORGANIZATION, LODGE, OR CIVIC CLUB
An organized group having a restricted membership and specific
purpose related to the welfare of the members such as Elks, Masons,
Knights of Columbus, or a labor union
75.
FURNITURE,
HOME FURNISHINGS, AND EQUIPMENT STORES
This group includes retail stores selling goods 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
76.
GARAGE
APARTMENT
A dwelling unit for one family erected in conjunction with a
garage
77.
GARAGE,
PARKING
Any building, or portion thereof, used for the storage of four
(4) or more automobiles in which any servicing provided is incidental
to the primary storage use, and where repair facilities are not provided
78.
GARAGE,
PRIVATE
An enclosed (on at least three (3) sides) accessory building,
or a part of a main building, used for storage of automobiles and
used solely by the occupants and their guests
79.
GARDEN
SHOP
A facility which is engaged in the selling of flowers, ornamental
plants, shrubs, trees, seeds, garden and lawn supplies, and other
materials used in planting and landscaping, but not including cultivation
and propagation activities outside a building
80.
GASOLINE
SERVICE OR FILLING STATION
See Automobile Service Station
81.
GENERAL
COMMERCIAL PLANT
Establishments other than personal service shops 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 plants
82.
GENERAL
MANUFACTURING
See Industrial, General
83.
GENERAL
RETAIL STORES
This major group includes 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,
small appliances, hardware, and food. The stores included in this
group are known as department stores, variety stores, general merchandise
stores, general stores, etc.
84.
GOLF COURSE
An area of twenty (20) acres or more improved with trees, greens,
fairways, hazards, and which may include clubhouses
85.
GYMNASTIC
OR DANCE STUDIO
A building or portion of a building used as a place of work
for a gymnast or dancer or for instructional classes in gymnastics
or dance
86.
HEAVY LOAD
VEHICLE
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
87.
HEAVY MACHINERY
SALES AND STORAGE
A building or open area, other than a right-of-way or public
parking area, used for the display, sale, rental or storage of heavy
machinery, either machines in general, or a group of machines which
function together as a unit
88.
HELIPORT
An area of land or water or a structural surface which is used,
or intended for use, for the landing and taking off of helicopters,
and any appurtenant areas which are used, or intended for use, for
heliport buildings and other heliport facilities
89.
HELISTOP
The same as a heliport, except that no refueling, maintenance,
repairs or storage of helicopters is permitted
90.
HOME OCCUPATION
Any occupation or activity carried on solely by the inhabitants
of a dwelling which is clearly incidental and secondary to the use
of the dwelling for dwelling purposes, which does not change the character
thereof, and which is conducted entirely within the main or accessory
buildings, provided that no trading in merchandise is carried on and
in connection with which there is no display of merchandise or advertising
sign other than one nonilluminated nameplate not more than two square
feet in area attached to the main or accessory building, and no mechanical
equipment is used, except such as is customary for purely domestic
or household purposes and does not create obnoxious noise or other
conditions such as odor, increased traffic, smoke or electrical interference.
A beauty or barber shop, tearoom or restaurant, rest home or clinic,
doctor’s office or dentist’s office, child care center,
tourist home, or cabinet, metal or auto repair shop shall not be deemed
a home occupation
91.
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, countertop
kitchen appliances, vacuum cleaners and hair dryers
92.
INDUSTRIAL,
GENERAL
Establishments engaged in the manufacturing or transformation
of materials into new products. These establishments are usually described
as plants and factories, and characteristically use power-driven machines
and materials-handling equipment. Manufacturing production is usually
carried on for the wholesale market, rather than for direct sale to
the domestic consumer
93.
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
94.
KENNELS
(INDOOR PENS)
An establishment with indoor pens in which more than four (4)
dogs or domesticated animals more than one year old are housed, groomed,
bred, boarded, trained or sold for commercial purposes
95.
KENNELS
(OUTDOOR PENS)
An establishment with outdoor pens in which more than four (4)
dogs or domesticated animals more than one year old are housed, groomed,
bred, boarded, trained or sold for commercial purposes
96.
KIOSK
A small, freestanding, one-story structure having a maximum
floor area of 350 square feet and used for commercial purposes or
the posting of temporary information and/or posters, automatic bank
teller machines, notices and announcements. If a kiosk is to be occupied,
it shall have a minimum floor area of twenty-five (25) square feet
97.
LANDSCAPING
Material such as, but not limited to, grass, groundcovers, shrubs,
vines, hedges, trees or palms, and nonliving durable material commonly
used in landscaping, such as, but not limited to, rocks, pebbles,
sand, walls or fences, but excluding paving
98.
LAUNDROMAT
(OR SELF-SERVE WASHATERIA)
A facility where patrons wash, dry, or dry clean clothing and
other fabrics in machines operated by the patron
99.
LIGHT LOAD
VEHICLES
A self-propelled vehicle having a Manufacturer’s Recommended
Gross Vehicle Weight (GVW) not greater than eleven thousand (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
100.
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. Such
operations shall meet the performance standards, bulk controls, and
other requirements of this ordinance
101.
LOADING
SPACE
An off-street space or berth used for the delivery and loading
or unloading of vehicles
102.
LOT
Any plot of land occupied or intended to be occupied by one
main building, or a group of main buildings, and accessory building
and uses, including such open spaces as are required by the Ordinance,
and other laws or ordinances, and having its principal frontage on
a public street or officially approved place (See Illustration 15)
103.
LOT,
AREA
The total area, measured on a horizontal plane, included within
lot lines
104.
LOT,
CORNER
A lot which has at least two adjacent sides abutting for their
full lengths on a street, provided that the interior angle at the
intersection of such two sides is less than one hundred thirty-five
degrees (135°)
105.
LOT,
DEPTH
The mean horizontal distance between the front and rear lot
lines (See Illustration 15)
106.
LOT,
DOUBLE FRONTAGE
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot (See Illustration 8)
107.
LOT,
FLAG OR PANHANDLE
A lot having access to a street by means of a parcel of land
having a depth greater than its frontage, and having a width less
than the minimum required lot width, but not less than twelve (12)
feet
108.
LOT,
INTERIOR
A lot other than a corner lot
109.
LOT,
KEY
A corner lot that is so designed that the lots located directly
behind it face the side street of the corner lot and are not separated
by an alley shall be considered a key lot
110.
LOT FRONTAGE
That dimension of a lot or portion of a lot abutting on a street,
excluding the site dimension of a corner lot
111.
LOT LINE,
FRONT
The narrower side of the lot abutting a street. Where two lot
lines abutting streets are of equal length, the owner shall have a
choice in designating which shall be the lot frontage. For a lot which
has a boundary line which does not abut the front street line, is
not a rear lot line and lies along the same general directional orientation
as the front and rear lot lines, said line shall be considered a front
lot line in establishing minimum setback lines (See Illustration 15)
112.
LOT LINE,
REAR
The lot line farthest from and most parallel to the front lot
line. For triangular lots, the point opposite the front lot line shall
be considered the rear lot line and have a value of zero (See Illustration
15)
113.
LOT LINE,
SIDE
Any lot line which is not the front or rear lot line (See Illustration
15)
114.
LOT LINES
OR PROPERTY LINES
The lines bounding a lot as defined herein
115.
LOT OF
RECORD
A lot which is part of a subdivision, the plat of which has
been recorded in the office of the County Clerk of Ellis County
116.
LOT WIDTH
The horizontal distance measured between side lot lines parallel
to the front lot line, and measured from the point on the building
line which is closest to the front lot line (See Illustration 15)
117.
MAIN
BUILDING
The building or buildings on a lot which are occupied by the
primary use
118.
MASONRY
CONSTRUCTION
Exterior construction materials including brick, stone, granite,
marble, concrete and other built-up/tilt panels
119.
MASSAGE
ESTABLISHMENT
Any place of business in which massage therapy is practiced
by a massage therapist, as defined by State law. “Massage therapy,”
as a health care service, means the manipulation of soft tissue for
therapeutic purposes. The term includes, but is not limited to, effleurage
(stroking), petrissage (kneading), tapotement (percussion), compression,
vibration, friction, nerve strokes, and Swedish gymnastics, either
by hand or with mechanical or electrical apparatus for the purpose
of body message. Massage therapy may include the use of oil, salt
glows, heat lamps, hot and cold packs, tub, shower or cabinet baths.
Equivalent terms for massage therapy are massage, therapeutic massage,
massage and “therapeutic” do not include diagnosis, the
treatment of illness or disease, or any service or procedure for which
a license to practice medicine, chiropractic, physical therapy, or
podiatry is required by law
120.
MAUSOLEUM
Property used for the interring of the dead and where bodies
are interred above ground in staked vaults
121.
MEDICAL
FACILITIES
a.
Convalescent,
Rest or Nursing Home
A health facility used for or customarily
occupied by persons recovering from illness or suffering from infirmities
of age, and furnished meals or continuing nursing care for compensation
b.
Dental
Clinic or Medical Clinic
A facility or group of offices
for one or more physicians for the examination and treatment of ill
and afflicted human outpatients, provided that patients are not kept
overnight except under emergency conditions
c.
Dental
Office or Doctor’s Office
Same as dental or medical
clinic
d.
Hospital
An institution providing health services primarily for human
inpatient medical or surgical care for the sick or injured and including
related facilities such as laboratories, outpatient departments, training
facilities, central services facilities, and staff offices which are
an integral part of the facilities
e.
Public
Health Center
A facility primarily utilized by a health
unit for providing public health services including related facilities
such as laboratories, clinics and administrative offices operated
in connection therewith
f.
Sanitarium
An institution providing health facilities for inpatient medical
treatment or treatment and recuperation making use of natural therapeutic
agents
122.
MISCELLANEOUS
RETAIL STORES
Establishments engaged in the retail sale of specialized lines
of merchandise not elsewhere classified, including but not limited
to drug, apparel and accessories, handcraft, and pastries
123.
MOBILE
HOME
A dwelling designed to be transported on its own chassis on
the highway in one or more sections by a prime mover and which is
constructed with a base section so as to be independently self-supporting
and not requiring a permanent foundation for year-round living
124.
MOBILE
HOME DISPLAY AND SALES
The offering for sale, storage, or display of trailers or mobile
homes on a parcel of land but excluding the use of such facilities
as dwellings either on a temporary or permanent basis
125.
MODULAR
HOME (OR INDUSTRIALIZED HOUSING)
"Modular home” means a structure or building module as
defined, under the jurisdiction and control of the Texas Department
of Labor and Standards (Texas Manufactured Standards Housing Act,
Article 1221f), and that is installed and used as a residence by a
consumer, transportable in one or more sections on a temporary chassis
or other conveyance device, and designed to be used on 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 in the Act, nor does it include building
modules incorporating concrete or masonry as the primary structural
component
126.
MORTUARY
OR FUNERAL PARLOR
A place for the storage of human bodies prior to their burial
or cremation, or a building used for the preparation of the deceased
for burial and the display of the deceased and ceremonies connected
therewith before burial or cremation
127.
MOTEL
OR HOTEL
A building or group of buildings designed for and occupied as
a temporary dwelling place of individuals and providing four or more
room units where customary hotel services such as linen, maid service,
telephone, and upkeep of furniture is provided
128.
MOTORCYCLE
A usually two-wheeled, self-propelled vehicle having one or
two saddles or seats, and which may have a sidecar attached. For purposes
of this ordinance, motorbikes, motor scooters, mopeds, and similar
vehicles are classified as motorcycles
129.
MOTORCYCLE
SALES [AND] SERVICE
The display, sale and servicing, including repair work, of motorcycles
130.
MOTOR
VEHICLE
Any vehicle designed to carry one or more persons which is propelled
or drawn by mechanical power, such as automobiles, trucks, motorcycles,
and buses
131.
MULTIPLE-FAMILY
BUILDING
Same as Dwelling, Multiple-Family
132.
MULTIPLE-FAMILY
RESIDENCE
Same as Dwelling, Multiple-Family
133.
NEW CAR
DEALER
Retail sales of new automobiles or light load vehicles, including,
as a minor part of the business, the sales of used automobiles or
light load vehicles
134.
NONCONFORMING
USE
A building, structure, or use of land lawfully occupied at the
time of the effective date of this ordinance or amendments thereto,
but which does not conform to the use regulations of the district
in which it is situated
135.
NURSERY
An establishment, including a building, part of a building or
open space, for the growth, display and/or sale of large plants, shrubs,
and trees, and other materials used in indoor or outdoor planting
136.
NURSING
HOME
A home where elderly or handicapped persons are provided with
lodging, meals and nursing care
137.
OCCUPANCY
The use or intended use of the land or buildings by proprietors
or tenants
138.
OFFICE,
PROFESSIONAL, 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 associations,
but excluding medical offices
139.
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
140.
OFFICE-SHOWROOM/WAREHOUSE
An establishment with a minimum of seventy-five percent (75%)
of its total floor area devoted to storage and warehousing but not
accessible to the general 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
141.
OFFICIALLY
APPROVED PLACE OF ACCESS
Access, other than a dedicated street, to a property which is
approved by the City of Italy
142.
OPEN
STORAGE (ALSO OUTSIDE STORAGE)
The keeping or storing, outside a building, of any goods, material,
merchandise, or equipment on a lot or tract for more than twenty-four
(24) hours
143.
PAINT
SHOP
A commercial establishment where painting services are performed
144.
PARK
OR PLAYGROUND
A recreation facility, recreation center, or park owned or operated
by a public agency such as a City or School District and available
to the general public
145.
PARKING
LOT
An off-street, ground level area, usually surfaced and improved,
for the temporary storage of motor vehicles
146.
PARKING
SPACE
A permanently surfaced asphalt or concrete area, enclosed or
unenclosed, with minimum space of 9' x 20' or 10' x 18' per vehicle,
and a permanently surfaced driveway connecting the parking space with
a street or alley, permitting ingress or egress of an automobile
147.
PATIO
HOME
(See Zero Lot Line)
148.
PERSONAL
SERVICE SHOP
Establishments primarily engaged in providing services generally
involving the care 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
149.
PET SHOP
A retail establishment offering small animals, fish or birds
for sale as pets, and where all such creatures are housed within the
building
150.
PLANNING
& ZONING COMMISSION
A board, appointed by the City Council as an advisory body,
authorized to recommend changes in zoning and other planning functions
as delegated by the City Council
151.
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 Italy and
subject to approval by the Planning & Zoning Commission and filed
in the plat records of Ellis County
152.
PLOT
A single unit or parcel of land or a parcel of land that can
be identified and referenced to a recorded plat or map
153.
PORTABLE
BUILDING SALES
An establishment which displays and sells structures capable
of being carried and transported to another location, but not including
mobile homes
154.
PREMISES
Land together with any buildings or structures situated thereon
155.
PRIMARY
USE
The principal or predominant use of any lot or building
156.
PRINCIPAL
BUILDING
Same as Main Building
157.
PRINTING
SHOP
An establishment which reproduces, in printed form, individual
orders from a business, profession, service, industry or government
organization
158.
PRIVATE
RECREATION FACILITY
A recreation facility operated for the exclusive use of private
residents or neighborhood groups and their guests, and not the general
public
159.
PRIVATE
UTILITY, OTHER THAN LISTED
A non-public utility requiring special facilities in residential
areas or on public property such as heating, cooling, or communications
not customarily provided by the municipality or public utilities
160.
PUBLIC
BUILDING
Any building (except a building used primarily for general office
purposes) which is owned, leased, primarily used and/or primarily
occupied by the State of Texas, the United States, the City of Italy,
or any subdivision or agency of the State of Texas, the United States
or the City of Italy, or by any public or quasi-public utility.
161.
RAILROAD
OR BUS PASSENGER STATION
Any premises for the transient housing or parking of motor-driven
buses and trains and the loading and unloading of passengers
162.
RAILROAD
TEAM TRACK, FREIGHT DEPOT OR DOCKS
A facility/place for the loading and unloading of materials
on trains
163.
RAILROAD
TRACK AND RIGHT-OF-WAY
The right-of-way and track used by a railroad but not including
railroad stations, siding, team tracks, loading facilities, dock yards,
or maintenance areas
164.
RECREATION
CENTER
A place designed and equipped for the conduct of sports, leisure
time activities and other customary and usual recreational activities
165.
RESIDENCE
Same as a dwelling; also, when used with District, an area of
residential regulations
166.
RESIDENTIAL
DISTRICTS
District where the primary purpose is residential use
167.
RESTAURANT
OR CAFETERIA
An eating establishment where customers are primarily served
at tables or self-served and food is consumed on the premises, indoors,
which may include a drive-in window
168.
RESTAURANT
(DRIVE-IN TYPE)
An eating establishment where primarily food or drink is served
to customers in motor vehicles or where facilities are provided on
the premises which encourage the serving and consumption of food in
automobiles on or near the restaurant premises
169.
RETAIL
OR SERVICE, INCIDENTAL
The rendering of retailing or services incidental to the primary
use. Such uses include a barber or beauty shop, smoke shop, candy
counter, restaurant, pharmacy or other incidental activity secondary
to the primary office occupancy. Such uses shall have no separate
outside entrance and no outside signage. “Incidental’
shall mean less than ten percent (10%) of the total allowed primary
use.
170.
RETAIL
STORES AND SHOPS
An establishment engaged in the selling of goods and merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods
171.
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
172.
ROOMING
HOUSE
See Boarding House
173.
SALVAGE
OR RECLAMATION OF PRODUCTS (ALSO SEE WRECKING YARD)
The reclamation and storage of used products or materials
174.
SAND,
GRAVEL, STONE OR PETROLEUM EXTRACTION
The process of extracting sand, gravel, stone or petroleum from
the earth
175.
SATELLITE
DISH ANTENNA
a.
“Satellite
television reception dish” shall mean an apparatus capable of
receiving communications from a transmitter relay located in planetary
orbit
b.
“Usable
satellite signals” shall mean satellite signals, from the major
communication satellites that, when viewed on a conventional television
set, are at least equal in picture quality to those received from
local commercial television stations or by way of cable television
176.
SCHOOL,
PRIVATE, PRIMARY OR SECONDARY
A school under the sponsorship of a private agency or corporation
other than a public or religious agency, having a curriculum generally
equivalent to public elementary or secondary schools
177.
SCHOOL,
PUBLIC OR PAROCHIAL
A school under the sponsorship of a public or religious agency
providing elementary or secondary curriculum, but not including private
trade or commercial schools
178.
SCIENTIFIC
AND INDUSTRIAL RESEARCH LABORATORIES
Facilities for research including laboratories, experimental
equipment, and operations involving compounding or testing of materials
or equipment
179.
SERVANT’S
QUARTERS
An accessory dwelling in a residential district for the sole
use and occupancy of a member of the immediate family or a person
or persons employed on the premises by the occupant on a full-time
basis as domestic help, such as a maid, yardman, chauffeur, cook or
gardener, but not involving the rental of such facilities or the use
of separate utility connections
181.
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
182.
SMALL
ENGINE REPAIR SHOP
Shop for repair of lawnmower[s], chainsaws, lawn equipment,
and other machines with one-cylinder engines
183.
STABLE,
COMMERCIAL
A stable used for the rental of stall space or for the sale
or rental of horses or mules
184.
STABLE,
PRIVATE
An area used solely for the owner’s private purposes for
the sale or keeping of horses, mules or ponies, and not kept for remuneration,
hire or sale
185.
STANDARD
MASONRY CONSTRUCTION
Having at least seventy-five percent (75%) of the exterior walls
of a building constructed of brick, stone or other masonry construction
186.
STORY
That portion of a building, other than a basement, included
between the surface of any floor and the surface of the floor next
above it, or, if there be no floor above it, then the space between
the floor and the ceiling next above it. The average height for a
story shall be defined as twelve feet (12')
187.
STORY,
HALF
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three feet (3') above
the top floor level, and in which space not more than two-thirds (2/3)
of the floor area is finished off for use. A half story containing
independent apartment or living quarters shall be counted as a full
story
188.
STREET
Any dedicated public thoroughfare which affords the principal
means of access to abutting property
189.
STREET,
INTERSECTION
Any street which joins another street at an angle, whether or
not it crosses the other
190.
STRUCTURE
Anything constructed or erected, the use of which requires location
on the ground or which is attached to something having a location
on the ground (also see definition of Building)
191.
STRUCTURAL
ALTERATIONS
Any change in the supporting members of a building, such as
bearing walls or partitions, columns, beams, or girders, or any substantial
change in the roof or in the exterior walls
192.
STORAGE
OR WHOLESALE WAREHOUSE
A building used primarily for the storage of goods and materials
193.
STUDIOS
FOR PHOTOGRAPHER, MUSICIAN, AND ARTIST
A building or portion of a building used as a place of work
by a photographer, musician or artist
194.
STUDIOS
FOR RADIO AND TELEVISION
A building or portion of a building used as a place for radio
or television broadcasting
195.
TELEPHONE
LINE AND EXCHANGE
A line for the transmission of telephone signals and a central
office in which telephone lines are connected to permit communication
but not including a business office, storage or repair yards
196.
THEATER
(DRIVE-IN)
An open lot with its appurtenant facilities devoted primarily
to the showing of motion pictures or theatrical productions on a paid
admission basis to patrons seated in automobiles
197.
THEATER
(INDOOR)
A building or part of a building devoted to the showing of motion
pictures, or for dramatic, musical or live performance
198.
TIRE
DEALER, NO OPEN STORAGE
A retail establishment engaged in the sale and/or installation
of tires for vehicles, but without open storage
199.
TIRE
DEALER, WITH OPEN STORAGE
A retail establishment engaged in the sale and/or installation
of tires for vehicles, with open storage
200.
TIRE
RETREADING AND CAPPING
The process by which tires are treated with a new tread
201.
TOOL
RENTAL SHOP
A building or a portion of a building used for the display and
rental of tools and instruments
202.
TOURIST
COURT
An area containing one (1) or more buildings designed or intended
to be used as temporary sleeping facilities for one or more transient
families and intended primarily for automobile transients
203.
TOURIST
HOME (BED AND BREAKFAST INN)
A dwelling occupied as a permanent residence by an owner or
renter in which sleeping accommodations in not more than four (4)
rooms are provided or offered for transient guests for compensation
204.
TRADE
AND COMMERCIAL SCHOOLS
Establishments, other than public or parochial schools, private
primary or secondary schools, or colleges, offering training or instruction
in a trade, art or occupation
205.
TRAILER
COURT OR MOBILE HOME PARK
A parcel of land which has been designed or improved or intended
to be used or rented for occupancy by one or more trailer houses or
mobile homes
206.
TRAILER,
HAULING
A vehicle to be pulled behind an automobile or truck which is
designed for hauling animals, produce, goods or commodities, including
boats
207.
TRAILER
HOME
See Mobile Home
208.
TRAILER
OR MOBILE HOME SPACE
A plot of ground within a trailer court designed for the accommodation
of one mobile home
209.
TRAILER
RENTAL
The display and offering for rent of trailers designed to be
towed by light load vehicles
210.
TRAILER,
TRAVEL OR CAMPING
A portable or mobile living unit used for temporary human occupancy
away from the place of residence of the occupants, and not constituting
the principal place of residence of the occupants
211.
TRANSFER
STORAGE AND BAGGAGE TERMINAL
A facility for the storage of baggage and other items in transit
212.
TRANSPORTATION
AND UTILITY STRUCTURES/FACILITIES
Permanent facilities and structures operated by companies engaged
in providing transportation and utility services, including, but not
limited to, railroad track rights-of-way, sewage pumping stations,
telephone exchanges, transit station turnarounds, water reservoirs
and water pumping stations
213.
TRANSIT
STATION OR TURNAROUND
Passenger terminal or loading facilities for a privately or
publicly owned transit system
214.
TRUCK
A light or heavy load vehicle (see definition for light and
heavy load vehicle)
215.
TRUCK
AND BUS REPAIR
An establishment providing major and minor automobile repair
services to heavy load vehicles
216.
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
217.
TRUCK
PARKING LOT
Area for parking heavy load vehicles
218.
TRUCK
TERMINAL
An area and building where cargo is stored and where trucks,
including tractors and trailer units, load and unload cargo on a regular
basis. May include facilities for the temporary storage of loads prior
to shipment
219.
TRUCK
SALES (HEAVY TRUCKS)
The display, sale or rental of new or used heavy load vehicles
in operable condition
220.
USED
CAR DEALER
Retail sales or offering for sale of used automobiles or light
load vehicles
221.
UTILITY
DISTRIBUTION/TRANSMISSION LINES
Facilities which serve to distribute and transmit electrical
power, gas and water, including, but not limited, to electrical transmission
lines, gas transmission lines and metering stations
222.
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 of hardship 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. Only the Board of Adjustment
of the City of Italy can grant a variance
223.
VETERINARIAN
CLINIC
An establishment, not including outside pens, where animals
and pets are admitted for examination and medical treatment
224.
WRECKING
YARD (JUNKYARD) OR AUTO SALVAGE YARD
Any lot upon which two or more motor vehicles of any kind which
are incapable of being operated due to condition or lack of license
have been placed for the purpose of obtaining parts for recycling
or resale
225.
YARD
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except where otherwise specifically provided
in this Ordinance that the building or structure may be located in
a portion of a yard required for a main building. In measuring a yard
for the purpose of determining the width of the side yard, the depth
of a front yard or the depth of a rear yard, the shortest horizontal
distance between the lot line and the main building shall be used
226.
YARD,
FRONT
A yard located in front of the front elevation of a building
and extending across a lot between the side yard lines and being the
minimum horizontal distance between the front property line and the
outside wall of the main building (See Illustration 15)
227.
YARD,
REAR
A yard extending across the rear of a lot measured between the
lot lines and being the minimum horizontal distance between the rear
lot line and the rear of the outside wall of the main building. On
both corner lots and interior lots, the rear yard shall in all cases
be at the opposite end of the lot from the front yard. (See Illustration
15)
228.
YARD,
SIDE
A yard between the building and side line of the lot and extending
from the front lot line to the rear lot line and being the minimum
horizontal distance between a side lot line and the outside wall of
the side of the main building (See Illustration 15)
229.
ZERO
LOT LINE DWELLING (PATIO HOME)
A lot in a Special Use Permit which is designed in such a manner
that the side yard and adjacent use easement make maximum use of available
land area to preserve an open, yet private, use of the side yard,
and permits construction of a detached single-family dwelling with
one side of such dwelling placed on the side property line
230.
ZONING
DISTRICT MAP
The official map upon which the boundaries of the various Zoning
Districts are drawn and which is an integral part of the Zoning Ordinance
(Ordinance 173 adopted 6/7/88)
27.1
The Planning
and Zoning Commission of the City of Italy shall not approve any plat
of any subdivision within the City Limits of the City of Italy until
the area covered by the proposed plat shall have been permanently
zoned by the City Council of the City of Italy. If the uses proposed
in the “AG” zoning district are considered permanent,
a plat shall be approved prior to construction of a building or structure.
27.2
The Planning
and Zoning Commission of the City of Italy 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 of Italy
is pending before the City Council unless and until such annexation
shall have been approved by ordinance by the City Council.
27.3
In the event
the City Council schedules a hearing on proposed annexation, the Planning
and Zoning Commission may, at its discretion, at the same time hold
a hearing on the permanent zoning that is to be given to the area
or tract to be annexed, and make a recommendation on both matters
to the City Council so that the City Council can, if it desires, act
on the annexation with input from the Planning and Zoning Commission.
Permanent zoning may not be placed on any property until the annexation
ordinance has been officially approved.
(Ordinance 173 adopted 6/7/88)
28.1
It is recognized
that new types of land use will develop and forms of land use not
anticipated may seek to locate in the City of Italy. 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:
A.
The City
Secretary shall refer the question concerning any new or unlisted
use to the Planning and Zoning Commission requesting an interpretation
as to the zoning classification 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, 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.
B.
The Planning
and Zoning Commission shall consider the nature and described performance
of the proposed use and its compatibility with the uses permitted
in the various districts and determine the zoning district or districts
within which such use is most similar to and should be permitted.
C.
The Planning
and Zoning Commission shall transmit its findings and recommendations
to the City Council as to the classification proposed for any new
or unlisted use. The City Council shall, by resolution, approve the
recommendation of the Planning and Zoning Commission or make such
determination concerning the classification of such use as is determined
appropriate based upon its findings.
D.
Standards
for new and unlisted uses may be interpreted as those of a similar
use. When determination of the minimum requirements cannot be readily
ascertained, the same process outlined in paragraphs A, B, and C above
all be followed for determination of the new standards.
(Ordinance 173 adopted 6/7/88)
29.1
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:
A.
The lot or
tract is part of a plat of record, properly approved by the Planning
and Zoning Commission, and filed in the Plat Records of Ellis County,
Texas.
B.
The Plat,
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 of Italy 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 without first complying with paragraph A preceding.
C.
The plot
or tract is all or part of a site plan officially approved by the
Planning and Zoning Commission, 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.
D.
No building
hereafter erected, converted, or structurally altered shall be used
or occupied until a Certificate of Occupancy has been insured by the
Building Official which signifies compliance to the appropriate Zoning
District.
(Ordinance 173 adopted 6/7/88)
30.1
A nonconforming
status shall exist under the following provisions of this Ordinance:
A.
When a use
or structure which does not conform to the regulations prescribed
in the district in which such use or structure is located was in existence
and lawfully operating prior to the adoption of this Zoning Ordinance
and has been operating since, without discontinuance
B.
When on the
effective date of this Ordinance, the use or structure was in existence
and lawfully constructed, located and operating in accordance with
the provisions of the previous Zoning Ordinance or which was a nonconforming
use thereunder, and which use or structure does not now conform to
the regulations herein prescribed for the district in which the use
or structure is located
30.2
No nonconforming
use or structure may be expanded or increased beyond the lot or tract
upon which such nonconforming use is located as of the effective date
of this Ordinance except to provide off-street loading or off-street
parking space upon approval of the Board of Adjustment
30.3
Repairs
and normal maintenance may be made to a nonconforming building provided
that no structural alterations, expansions, or extensions shall be
made except those required by law or ordinance, unless the building
is changed to conforming use
30.4
Any nonconforming
use may be changed to a conforming use, and once such change is made,
the use shall not thereafter be changed back to a nonconforming use
30.5
Where a
conforming use is located in a nonconforming structure, the use may
be changed to another conforming use by securing a Certificate of
Occupancy from the City Secretary
30.6
Whenever
a nonconforming use is abandoned, all nonconforming rights shall cease
and the use of the premises shall thenceforth be in conformity with
this Ordinance. The intent of the user or owner to discontinue a nonconforming
use for a period of six (6) months shall be construed as conclusive
proof of intent to abandon the nonconforming use. Any nonconforming
use which, not involving a permanent type of structure, is moved from
the premises shall be considered to have been abandoned
30.7
If a structure
occupied by a nonconforming use is destroyed by fire, the elements,
or other cause, it may not be rebuilt except to conform to the provisions
of this Ordinance. In the case of partial destruction of a nonconforming
use not exceeding 75 percent of its reasonable value, reconstruction
will be permitted, but the size or function of the nonconforming use
cannot be expanded
(Ordinance 173 adopted 6/7/88)
31.1
Created;
Membership; Officers:
There is hereby created in accordance
with Article 1011f, Vernon’s Annotated Texas Statutes, a City
Planning and Zoning Commission which shall consist of five (5) members
to be appointed by the City Council; provided, however, that two (2)
of such members so appointed shall serve for only a one-year period
following their appointment after the adoption of this article and
the remaining three (3) members shall serve for the full two-year
term of office. Thereafter, following the expiration of the one-year
term of office of the two members, their successors shall be appointed
for a full two-year term so as to provide for staggered and overlapping
terms of office. The City Secretary shall keep minutes of all meetings
held by the Planning Commission and full record of all recommendations
to be made by the Planning and Zoning Commission to the City Council.
31.2
Quorum;
Voting:
Three (3) members of the Planning and Zoning
Commission shall constitute a quorum, and all members, including the
presiding chairman, shall have the right of one (1) vote each, a quorum
being present. All actions by the Planning and Zoning Commission shall
be by a majority vote of those members present.
31.3
Meetings:
The Planning and Zoning Commission shall meet at such times
in the City Hall as may be designated by the Chairman or Vice-Chairman
in the absence of the Chairman, and at such regular intervals as may
be necessary to orderly and properly transact the business of the
Commission.
31.4
Duties
and Zoning Responsibilities:
The Planning and Zoning
Commission shall be an advisory body to the City Council, and shall
make recommendations regarding changes of zoning and permanent zoning
to be given to newly annexed areas, and shall make recommendations
regarding the approval of the plats of subdivisions as may be submitted
to it by the City Council. The Planning and Zoning Commission shall
serve in an advisory capacity on any planning-related item(s) in the
City.
(Ordinance 173 adopted 6/7/88)
32.1
Creation:
There is created a board to be known as the Board of Adjustment
of the City.
32.2
Members
of the Board:
The Board of Adjustment shall consist of
five (5) regular members and up to four (4) alternates who shall be
appointed by the City Council upon recommendation from the mayor to
serve for two (2) years, staggered terms, or until their successors
are duly appointed. Upon the initial appointment of the Board, the
City Council shall designate three appointees to serve for two years
and two appointees to serve for one year. If alternate members are
appointed as a part of the initial Board, the Council shall designate
up to two alternates to serve for two years and up to two alternates
to serve for one year. Alternates shall serve in the absence of one
or more regular members when requested to do so by the Mayor.
32.3
Board Chair
and Vice-Chair; Rules of Procedure:
At its first meeting,
the Board shall elect a Chair and Vice-Chair. The Board shall also
at such meeting adopt rules of procedure to govern proceedings before
the Board.
32.4
Duties
of Board of Adjustment:
The Board of Adjustment shall
have the powers and perform those duties as are provided for in Chapter
211 of the Texas Local Government Code.
The Board shall have the power to hear and decide any special
exception which the Board is authorized by ordinance to grant. All
administrative remedies must be exhausted through the City Council
or other decision-making body having final authority over the matter
prior to a hearing by the Board of Adjustment. The Board shall further
have the power to authorize upon appeal in specific cases such variance
from the terms of the zoning ordinance of the City as will not be
contrary to public interest, where, owing to special conditions, a
literal enforcement of the provisions of the ordinance will result
in unnecessary hardship, and so that the spirit of the ordinance shall
be observed and substantial justice done.
32.5
Written
Application:
Any aggrieved applicant shall make written
application to the Board.
32.6
Fee:
The City shall designate an application fee to be paid by the
applicant to cover administrative processing costs.
32.7
Jurisdiction:
When, in its judgment, the public convenience and welfare will
be substantially served and the appropriate use of the neighboring
property will not be substantially or permanently injured, the Board
of Adjustment may, in specific cases, after written notice and public
hearings, and subject to appropriate conditions and safeguards, authorize
or order the following:
A.
Hear and
decide appeals where it is alleged there is error on any order, requirement,
decision or determination made by an administrative official of the
City in the enforcement of this ordinance.
B.
Permit the
reconstruction, extension, or enlargement of a building occupied by
nonconforming uses, on the lot or tract occupied by such building,
provided such reconstruction does not prevent the return of such property
to a conforming use.
C.
Permit such
variance of height, yard, area, exterior structure, lot coverage,
off-street parking and loading regulations that will not be contrary
to the public interest and where, because of special conditions, the
enforcement of this ordinance or its amendments would result in an
unnecessary hardship. A variance shall not be granted to relieve a
self-created or personal hardship, nor shall it be based solely on
economic gain or loss, nor shall it permit any person a privilege
in developing a parcel of land not permitted by this Ordinance to
other parcels of land in the district. No variance may be granted
if it results in an unnecessary hardship, as herein defined, on another
parcel of land.
In order to make a finding of hardship and to grant a variance,
the Board of Adjustment must determine that:
1.
The requested
variance does not violate the intent of the ordinance or its amendments.
2.
Special
conditions of restricted area, shape, topography, or physical features
exist that are peculiar to the subject parcels of land and are not
applicable to other parcels of land in the same zoning district.
3.
The hardship
is in no way the result of the applicant’s own actions.
4.
The interpretation
of the provisions of this ordinance or its amendments would deprive
the applicant of rights commonly enjoyed by other properties, in the
same zoning district, that comply with the same provisions.
D.
No variance
may authorize a use other than those permitted in the district for
which the variance is sought. Also, an application or request for
a variance shall not be heard or granted with regard to any parcel
of property or portion thereof upon which a Site Plan, Preliminary
Plat or Final Plat, when required by this Ordinance or the Subdivision
Ordinance for any parcel of property or portion thereof, has not been
finally acted upon by both the Planning and Zoning Commission and,
where required, by the City Council. The administrative procedures
and requirements of this Ordinance and the Subdivision Ordinance,
with regard to both Planning and Zoning Commission and City Council
consideration and action, Site Plans, Preliminary Plats, and Final
Plats, must be exhausted prior to requesting a variance from the terms
of this Ordinance.
32.8
Appeals
to the Board of Adjustment can be taken by any person aggrieved by
any office, official, board or department of the City concerning a
decision in the enforcement of this ordinance. A notice of appeal,
specifying the grounds thereof, shall be taken within fifteen (15)
days after the decision has been rendered by filing with the officer
from whom the appeal is taken and with the Board of Adjustment. The
officer from whom the appeal is taken shall forthwith transmit to
the Board all papers constituting the record upon which the action
appealed was taken. An appeal stays all proceedings in furtherance
of the action appealed from, unless the officer from whom the appeal
is taken certifies to the Board of Adjustment after the notice of
appeal shall have been filed with him that by reason of facts stated
in the certificate a stay would, in his opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed,
otherwise than by a restraining order which may be granted by the
Board of Adjustment or by a court of record on application, after
notice to the officer from whom the appeal is taken and on due cause
shown.
Any person aggrieved by a decision of the Board of Adjustment
or a taxpayer or an officer, department, or board of the City may
present to a district court, county court or county court at law a
petition, duly verified, setting forth that such decision is illegal,
in whole or in part, and specifying the grounds of the illegality.
Such petition shall be presented to the court within ten (10) days
after the filing of the decision in the office of the Board and not
thereafter.
The concurring vote of 75 percent of the members of the Board
shall be necessary to reverse any order, requirement, decision or
determination of an administrative official, or to decide in favor
of the applicant on any matter upon which the Board is required to
pass under any ordinance, or to effect any variation from the terms
of this ordinance.
(Ordinance 041109 adopted 11/8/04)
33.1
Declaration
of Policy:
The City declares the enactment of these regulations
governing the use and development of land, buildings, and structures
as 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:
33.2
Authority
to Amend Ordinance:
The City Council may from time to
time, after receiving a final report thereon by the Planning and Zoning
Commission, and after public hearings required by law, amend, supplement,
or change the regulations herein provided or the boundaries of the
zoning districts. Any Ordinance may be ordered for consideration by
the City Council, be initiated by the Planning and Zoning Commission,
or be requested by the owner of real property, or the authorized representative
of an owner of real property.
Consideration for a change in any district boundary line or
special zoning regulation may be initiated only with written application
of the property owner, or by the Planning and Zoning Commission or
City Council on its own motion when it finds that public benefit will
be derived from consideration of such matter. In the event the ownership
stated on an application and that shown on the City records are different,
the applicant shall submit proof of ownership.
33.3
Each application
for zoning or for an amendment or change to the existing provisions
of this Zoning Ordinance shall be made in writing on a form suitable
to the City Secretary and shall be filed with the City and shall be
accompanied by payment of the appropriate fee to be charged by the
City of Italy, Texas for administering the zoning application.
33.4
Public
Hearing and Notice:
Prior to making its report to the
City Council, the Planning and Zoning Commission shall hold at least
one public hearing on each application. Written notice of all public
hearings on proposed changes in district boundaries shall be sent
to all owners of property, or to the person rendering the same for
City taxes, located within the area of application and within two
hundred feet (200') of any property affected thereby, within not less
than ten (10) days before such hearing is held. Such notice may be
served by using the last known address as listed on the latest approved
City tax roll and depositing the notice, postage paid, in the United
States mail. Notice of hearings on proposed changes in the text of
the Zoning Ordinance shall be accomplished by one publication not
less than fifteen (15) days prior thereto in the official newspaper
of the City. Notices for the public hearing before the City Council
will also be published at the same time notice of the Planning and
Zoning Commission meeting is published.
33.5
Failure
to Appear:
Failure of the applicant or his representative
to appear before the Planning and Zoning Commission for more than
one hearing without an approved delay shall constitute sufficient
grounds for the Planning and Zoning Commission to terminate the application.
33.6
Commission
Consideration and Report:
The Planning and Zoning Commission,
after the public hearing is closed, shall prepare its report and recommendations
on the proposed change stating its findings, its evaluation of the
request and of the relationship of the request to the Comprehensive
Plan. The Planning and Zoning Commission may defer its report for
not more than ninety (90) days until it has had opportunity to consider
other proposed changes which may have a direct bearing thereon. In
making it determination, the Planning and Zoning Commission shall
consider the following factors:
A.
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
B.
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
C.
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 unavailable
for development
D.
The recent
rate at which land is being developed in the same zoning classification
as the request, particularly in the vicinity of the proposed change
E.
How other
areas designated for similar development will be, or are unlikely
to be, affected if the proposed amendment is approved, and whether
such designation for other areas should also be modified
F.
Any other
factors which will substantially affect the health, safety, morals,
or general welfare
33.7
Council
Consideration:
A.
Proposal
Recommended for Approval:
Every proposal which is recommended
favorably by the Planning and Zoning Commission shall be forwarded
to the Council for setting and holding of public hearing thereon.
No change, however, shall become effective until after the adoption
of an ordinance for same and its publication as required by law.
B.
Proposal
Recommended for Denial:
When the Planning and Zoning
Commission determines that a proposal should be denied, it shall so
report and recommend to the Council and notify the applicant. The
Planning & Zoning Commission shall offer reasons to the applicant
for its recommendation for denial. When a proposed zoning request
is heard by the City Council that has been denied by the Planning
and Zoning Commission, a three-fourths (3/4) majority vote by the
City Council shall be required for approval. A request which has been
denied by the Planning and Zoning Commission and/or City Council may
be resubmitted at any time for reconsideration by the City (a new
filing fee must accompany the request). The Planning and Zoning Commission
and/or City Council may deny any request with prejudice. If a request
has been denied with prejudice, the same request may not be resubmitted
to the City for one (1) year from the original date of denial.
C.
Council
Hearing and Notice:
Notice of City Council hearing shall
be given by publication at the same time notice is given for the Planning
and Zoning Commission public hearing in the official newspaper of
the City, stating the time and place of such hearing, which shall
be at least fifteen (15) days after the date of publication.
D.
Three-Fourths
Vote:
A favorable vote of three-fourths (3/4) of all
members of the City Council shall be required to approve any change
in zoning when written objections are received from twenty percent
(20%) of the adjacent land owners, in compliance with the provisions
of the State laws commonly referred to as the “twenty percent
(20%) rule.” If a protest against such proposed amendment, supplement,
or change has been filed with the City Secretary, duly signed and
acknowledged by the owners of twenty percent (20%) or more, either
of the area of the lots included in such a proposed change or those
immediately adjacent to the area thereof extending two hundred feet
(200) therefrom or of those directly opposite thereto extending two
hundred feet (200') from the street frontage of such opposite lots,
such amendments shall not become effective except by a three-fourths
(3/4) vote of the City Council.
33.8
Final Approval
and Ordinance Adoption:
Upon approval of the zoning request
by the City Council, the applicant shall submit a metes and bounds
description to the City within thirty (30) days for the preparation
of the amending ordinance. The amending ordinance shall be approved
within six (6) months. If the amending ordinance is not approved within
six (6) months, the zoning request, at the option of the City Council,
may be recalled for a new public hearing.
(Ordinance 173 adopted 6/7/88)
34.1
Certificates
of Occupancy shall be required for any of the following:
A.
Occupancy
and use of a building hereafter erected or structurally altered
B.
Change in
use of an existing building to a use of a different classification
C.
Occupancy
and use of vacant land, except agricultural use
D.
Change in
the use of land to a use of a different classification
E.
Any change
in the use of a nonconforming use
|
No such use, or change of use, shall take place until a Certificate
of Occupancy therefor shall have been issued by the City
|
34.2
Procedure
for New or Altered Buildings:
Written application for
a Certificate of Occupancy for a new building or for an existing building
which is to be altered shall be made at the same time as the application
for the Building Permit for such building. Said Certificate shall
be issued within ten (10) days after a written request for the same
has been made to said City Secretary or agent after the erection or
alteration of such building or part thereof has been completed in
conformity with the provisions of this Ordinance.
34.3
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 City Secretary. If
the proposed use is a conforming use, as herein provided, it shall
be made to said City Secretary. If the proposed use is in conformity
with the provisions of this Ordinance, the Certificate of Occupancy
therefor shall be issued within ten (10) days after the application
for same has been made.
34.4
Contents:
Every Certificate of Occupancy shall state that the building
or the proposed use of a building or land complies with all provision
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 City Secretary
or agent and copies shall be furnished upon request to any person
having proprietary or tenancy interest in the building or land affected.
34.5
Temporary
Certificate:
Pending the issuance of a regular certificate,
a temporary Certificate of Occupancy may be issued by the City Secretary
for a period not exceeding six (6) months, during the completion of
alterations or during partial occupancy of a building pending its
completion. Such temporary certificates shall not be construed as
in any way altering the respective rights, duties, or obligations
of the owners or of the City relating to the use or occupancy of the
premises or any other matter covered by this Ordinance.
34.6
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 City
Secretary 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.
(Ordinance 173 adopted 6/7/88)
35.1
By the passage
of this Ordinance, no presently illegal use shall be deemed to have
been legalized unless specifically such use falls within a use district
where the actual use is a conforming use. Otherwise, such uses shall
remain nonconforming uses where recognized, or an illegal use, as
the case may be. It is further the intent and declared purpose of
this Ordinance that no offense committed, and no liability, penalty,
or forfeiture, either civil or criminal, incurred prior to the time
the existing zoning ordinance was repealed and this Zoning Ordinance
adopted, shall be discharged or affected by such repeal; persecutions
and suits for such offenses, liabilities, penalties, or forfeitures
may be instituted or causes presently pending proceeded with in all
respects as if such prior ordinance had not been repealed.
(Ordinance 173 adopted 6/7/88)
36.1
Any person
or corporation violating any of the provisions of this Ordinance shall,
upon conviction, be fined any sum not exceeding two hundred dollars
($200.00); 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
by law and equity in the protection of the rights of such property
owners.
(Ordinance 173 adopted 6/7/88)
37.1
If any section,
paragraph, subdivision, clause, phrase, or provision of this Ordinance
shall be adjudged invalid or held unconstitutional, the same shall
not affect the validity of this Ordinance as a whole or any part or
provision thereof other than the part so decided to be invalid or
unconstitutional
(Ordinance 173 adopted 6/7/88)
