City of Eastland, TX Permitted Uses and Area Regulations

§ 19-11 Permitted uses.

Uses permitted in each zoning district and their parking requirements are shown by means of symbols in the permitted use chart. The charge [chart] is divided into eleven (11) categories of use. They include:

Residential

Accessory and Incidental

Cultural and Recreational

Government, Health, Safety and Welfare

Educational and Religious

Services

Retail Trade

Wholesale Trade

Resource Production and Extraction

Transportation, Communication and Utilities

Manufacturing

Land and buildings in each of the zoning districts may be used for any of the listed uses but no land shall hereafter be used and no building or structure shall hereafter be erected, altered or converted which is arranged or designed or used for other than those uses specified as permitted uses in the district in which it is located according to the following use schedule.

(1)

Symbols. Symbols found in the permitted use chart have the following meanings:

X	Designates use permitted in district indicated.
	Designated use prohibited in district indicated.
S	Indicates use may be approved as a specific use permit as outlined in section 19-18 [19-17].

(2)

Classification of new/unlisted uses.

It is recognized that new types of land use will develop, and forms of land use not presently anticipated may seek to locate in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use in the use charts (subsection (3) of this section) shall be made as follows:

Initiation:

A person, city department, the planning and zoning board, or the city council may propose zoning amendments to regulate new and previously unlisted uses.

A person requesting the addition of a new or unlisted use shall submit to the director of planning, all information necessary for the classification of the use, including but not limited to:

(1).

The nature of the use and whether the use involves or includes residential activity, sales, services, or processing;

(2).

The type of any product produced or sold or any service provided under the use;

(3).

Whether the use has enclosed or open storage and the amount and nature of the storage;

(4).

The level of employment typically anticipated with the use;

(5).

Transportation requirements related to the use;

(6).

The nature and time of occupancy and operation of the premises;

(7).

The on-street and off-street parking and loading requirements;

(8).

The amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated;

(9).

The requirements for public utilities, such as sanitary sewer and water and any special public services that might be required; and

(10).

The extent of impervious coverage typically anticipated in such use.

The director of planning shall refer the proposal for any new or unlisted use to the planning and zoning board. The director of planning will provide to the planning and zoning board a copy of all of the information provided by the requestor as described in subsection b. above. The planning and zoning board will make a recommendation to the city board of commissioners as to whether or not the use should be approved and as to the zoning classification into which such use should be placed.

The planning and zoning board shall consider the nature and functions of the proposed use and the compatibility or similarity of the use with the uses permitted in the various zoning districts in the city in making the decision whether or not to recommend the addition of such a use. If the board recommends addition of the use, the board will determine the zoning district or districts within which such use should be permitted.

The planning and zoning board shall transmit its findings and recommendations to the city board of commissioners as to whether or not the use should be added to this article and as to the classification proposed for the new or unlisted use. The board of commissioners shall consider the recommendation of the planning and zoning board and approve or disapprove the addition of the use. The board of commissioners may approve or disapprove the recommendation of the planning and zoning board concerning the classification of such use or may determine a classification as the board of commissioners determines appropriate, based upon its findings.

The addition of a new or unlisted use shall require an amendment to this article as prescribed by section 19-40 of this article. The new or unlisted use shall be included in the use charts of this article.

The director of planning has the authority to enforce the requirements of this article and shall establish and interpret standards for a new and unlisted use consistent with the requirements under this article for similar uses. When a particular use is not specifically listed in this article but is similar to a listed use or uses, the director of planning shall follow the criteria outlined above in subsection (2)1.b. of this section in determining which use is applicable and the appropriate district for such use. The decision of the director of planning may be appealed to the planning and zoning board according to the process outlined in subsections 2. through 4., above, for addition of a new or unlisted use.

(3)

Permitted uses.

	Parking	AO	SF	MF	MH	C1	C2	LI	HI
RESIDENTIAL
Apartments (see Multifamily dwellings)						S
Boarding house, lodging house or rooming house	2/3 rooms & 1/employee	S	S	X		X	X
ACCESSORY AND INCIDENTAL USES
Condominiums (see Multifamily dwellings)
Duplexes	3/2 dwelling units		S	X
Manufactured homes (single units)	2/unit	S			X
Manufactured home parks	2/unit	S			X
Modular homes	2/unit	X	X	X	X
Multifamily dwellings	3/2 dwelling units			X		S
Single-family detached dwellings	2/unit	X	X	X
Townhouses, patio homes	2/unit		S	X
ACCESSORY AND INCIDENTAL USES
Accessory building (residential)		X	X	X	X	X	X
Animal lot (private)		X						S	S
Carport (residential)		X	X	X	X	X	X
Fences, walls, hedges		X	X	X	X	X	X
Field office or temporary construction office	1/employee	S	S	S	S	S	S	S	S
Garage (detached, residential)		X	X	X	X	X	X
Home occupation		S	S	S	S	S	S
Storage (commercial)					S	X	X	X	X
Seasonal use temporary structures or shelters	1/employee	X				S	X	X
Storage (industrial)					S			X	X
Swimming pool (private)		X	X	X	S	S	S	S	S
Tennis court (private)		X	X	X	S	S	S	S	S
CULTURAL AND RECREATIONAL USES
Amusement facility (temporary)	1/200 SF lot area	S				S	S	S	S
Amusement park	1/200 SF lot area	S					X	S	S
Aquariums	1/400 SF lot area					X
Arenas and field houses	1/8 seating capacity	S					X	S	S
Art galleries	1/800 SF floor area					X	X
Ballfields and ballparks	1/8 seating capacity	S	S	S	S		S	S	S
Boat rentals	1/400 SF floor area						X	X	X
Bowling lane	1/200 SF floor area					X	X	X	X
Camping and picnicking area	1/table	X						X	X
Civil, social, and fraternal organizations	1/200 SF floor area	S			S	X	X	X	X
Drag strip or commercial racing	1/8 seating capacity	S						S	S
Drive-in movies	1/speaker	S					X	S	S
Fairgrounds		X					X	X	X
Go-cart track	1/2 carts	S						S	S
Golf course/driving range	100/9 holes	X	S	S	S		X	X	X
Gymnasium/athletic stadium	1/8 seating capacity	S	S	S	S		X	X	X
Libraries	1/300 SF floor area					X	X
Miniature golf course	2/hole	S			S		S	S	S
Museums	1/800 SF floor area	S				X	X
Parks/playgrounds		X	X	X	X	X	X	X	X
Planetariums	1/400 SF floor area	S				X	X
Pool halls	1/table					X	X	X	X
Riding academy or stable	1/2 horses	S					S	X	X
Rodeo grounds	1/8 seating capacity	S					S	X	X
Skating rink	1/200 SF floor area	S				X	X	X	X
Swimming pool (public)	1/4 persons design	S	S	S	S	S	X	S
Tennis courts (public)	2/court	S	S	S	S	S	X	S
Theaters	1/3 seating capacity					X	X
Vacation travel trailer parks	1/lot	S					X	S
Zoos		X					S	S	S
GOVERNMENT, HEALTH, SAFETY, AND WELFARE USES
Animal hospital/veterinarian	1/500 SF floor area	X					X	X	X
Fire station			X	X	X	X	X	X	X
Foster family home	2/unit	X	X	X	X
Foster group home	1/2 beds & 1/employee	S	S			S	S
Funeral home/ambulance service	1/4 seating capacity					X	X	X
Government offices	1/3 employees		S			X	X	X	X
Hospital	1/2 beds & 1/employee			S		X	X
Institution care facility	1/2 beds & 1/employee	S	S			S	S
Medical or dental clinic	1/200 SF floor area					X	X	S
Military and armed forces reserve center	1.25/employee	S					X	X	X
Nursing/retirement home	1/6 beds	S	S	S		X	X
Optical shop and laboratory	1/200 SF floor area					X	X	S
Police station			X	X	X	X	X	X	X
Sanitary landfill		S						S	S
Social service organization facility	1.25/employee		S			X	X
Special education center	1/200 SF floor area	S	S	S		X	X
EDUCATIONAL AND RELIGIOUS USES
Art, music, and dancing schools	1/300 SF floor area		S			X	X
Business school	1/classroom & 1/4 students		S			X	X	S
Cemeteries, crematoriums, and mausoleums		S					S	S
Church or place of worship	1/3 seating capacity	S	S	S	S	S	S	S	S
Commercial trade school	1/classroom & 1/4 students					X	X	X	X
Kindergarten or day nursery	1.25/employee	S	S	S	S	X	X
Public, private or denominational school	1/classroom & 1/4 students	S	S	S	S	X	X
Youth organizations and centers (YMCA, YWCA)	1/300 SF floor area	S	S	S	S	X	X
SERVICES
Accounting and bookkeeping services	1/300 SF floor area					X	X	X	X
Advertising services	1/employee					X	X	X	X
Automobile rental and leasing services	1/employee +3					X	X	X	X
Automobile repair services	1/400 SF floor area					X	X	X	X
Automobile wash (self-service)	1/employee					X	X	X	X
Banking services/savings & loan	1/employee & 1/500 SF floor area					X	X
Beauty and barber services	2/employee					X	X	X	X
Blueprinting and photocopying services	1/employee +2					X	X	X	X
Building construction office	1/employee & 1/1,000 SF floor area					S	X	X	X
Business associations	1/employee & l/500 SF floor area					X	X	X	X
Carpentry services	1/employee +2					S	X	X	X
Catering services	1/employee +2					X	X	X	X
Coating, engraving, and allied services	1/employee							X	X
Concrete products	1/employee +2							X	X
Consumer services	1/employee & l/500 SF floor area					X	X	X	X
Credit unions	1/2 employees & 1/500 SF floor area					X	X	X	X
Delivery services	1/employee & 1/truck					X	X	X	X
Drilling contractors and rig repair services	1/employee +2							S	X
Electrical and appliance repair services	1/employee +2					X	X	X	X
Employment services	2/employee					X	X	X	X
Engineering, architectural, and planning services	1/400 SF floor area					X	X	X	X
Exterminating and fumigating services	1/2 employees					S	X	X	X
Farm products warehousing and storage, excluding stockyards	2/3 employees						S	X	X
Feedlots, commercial		S						S	S
Financing and loan services	1/2 employees & 1/500 SF floor area					X	X	X	X
Food lockers	3/2 employees						X	X	X
Freight hauling services	1/employee & 1/truck							X	X
Health club and fitness services	1/200 SF floor area	S		S		X	X
House wrecking and demolition	1/employee							X	X
Insurance agents and service	l/400 SF floor area					X	X	X	X
Interior design services	1/400 SF floor area					X	X	X	X
Janitorial and maintenance contracting	1/2 employees					S	X	X	X
Kennel	1/500 SF floor area	S					X	X	S
Labor unions	1/5 members					X	X	X	X
Laundering and dry cleaning services	2/3 employees					X	X	X	X
Legal services	1/300 SF floor area					X	X	X	X
Machine shops and welding services	1/employee +2						S	X	X
Masonry, stonework, and tile setting services	1/employee +2						S	X	X
Moving, warehousing, and storage services	2/3 employees					X	X	X	X
Office equipment and business machines, sales or rental	1/employee +2					X	X
Oil field services	1/employee +3						S	X	X
Outdoor advertising (billboards)		S				S	S	S	S
Painting or remodeling services	1/employee +2					S	X	X	X
Photoengraving and commercial printing services	1/employee +2					X	X	X	X
Photographic services	1/200 SF floor area					X	X	X	X
Pipe cleaning and testing	1/employee +2							S	X
Plumbing, heating, and air conditioning services	1/employee +2					S	X	X	X
Protective and security services	1/employee +2					X	X	X	X
Real estate agents and services	l/400 SF floor area					X	X	X	X
Roofing and sheetmetal services	1/employee						S	X	X
Shoe repair services	1/employee					X	X
Stenographic services	l/400 SF floor area					X	X	X
Stockyards, livestock auctions, and hauling services		S							S
Storage facilities (commercial)	1/employee					X	X	X	X
Studio, tattoo or body piercing	2/employee							S	S
Title abstractors and appraisers	1/400 SF floor area					X	X	X	X
Tool and equipment rental services	1/employee +3					S	X	X	X
Travel services	2/employee					X	X	X	X
Truck rental services	1/employee +3					S	X	X	X
Upholstering and furniture repair services	1/employee +2					X	X	X	X
Water well drilling services	1/employee +2							X	X
Wrecker and towing services	1/employee						X	X	X
Watch, clock, and jewelry repair services	1/employee +2					X	X	S
RETAIL TRADE
Adult oriented business	1/400 SF floor area								S
Antique store	1/500 SF floor area					X	X
Appliances (household)	1/400 SF floor area					X	X
Automobile and small truck (1 ton) sales and services	1/400 SF floor area					X	X	X	S
Automobile parts and supplies	1/400 SF floor area					X	X	X	X
Bakery products	1/200 SF floor area					X	X
Bait store	1/employee +2						X	X	X
Bicycle sales and service	1/300 SF floor area					X	X
Book store	1/400 SF floor area					X	X
Bottled gas	1/employee +2						X	X	X
Cameras and photographic supplies	1/200 SF floor area					X	X
China, glass, and metalware	1/300 SF floor area					X	X
Coin shop	1/500 SF floor area					X	X
Dairy products	1/200 SF floor area					X	X
Department store	1/300 SF floor area					X	X
Dry goods and apparel	1/300 SF floor area					X	X
Drug store/pharmacy	1/400 SF floor area					X	X	X	S
Electrical supplies	1/300 SF floor area					X	X	X	S
Farm and garden supplies	1/600 SF floor area					X	X	X	X
Farm equipment	1/600 SF floor area						X	X	X
Floor coverings	1/400 SF floor area					X	X	S
Fruits and vegetables	1/300 SF floor area					X	S
Fuel oil	1/employee +2						X	X	X
Furniture and home furnishings	1/300 SF floor area					X	X
Fur apparel	1/300 SF floor area					X	X
Gasoline service station	1/pump & 1/service stall					X	X	X	X
Gifts, novelties, and souvenirs	1/400 SF floor area					X	X
Grocery, convenience	1/200 SF floor area					X	X	X	X
Grocery, supermarket	1/200 SF floor area					X	X	X	X
Hardware	1/300 SF floor area					X	X	X	X
Heating and plumbing equipment	1/1,000 SF floor area					S	X	X	X
Hobby and craft supply store	1/400 SF floor area					X	X
Hotel, motel	1/sleeping room & 1/300 SF common area					X	X
HUD-code manufactured/modular home/RV sales	2/employee						X	S	S
Jewelry store	1/400 SF floor area					X	X
Junkyard, salvage yard, and auto wrecking yard	1/2 employees & 1/5,000 SF floor area							S	S
Liquor and/or private club (on-premises consumption)	1/200 SF floor area	S				S	S	S	S
Lumber and building materials	1/500 SF floor area					S	X	X	X
Marine craft accessories	2/employee						X	X	X
Meat, fish, and poultry	1/200 SF floor area					X	X
Modular/HUD-code manufactured home sales	2/employee						X	S	S
Monument sales	1/employee +1					X	X	X	X
Motorcycle sales and service	1/300 SF floor area					X	X	X
Music supplies and/or record store	1/400 SF floor area					X	X	X
Newspapers and magazines	1/400 SF floor area					X	X	X	X
Office supplies and stationery	1/400 SF floor area					X	X
Optical goods	1/200 SF floor area					X	X	S
Paint, glass, and wallpaper	1/400 SF floor area					X	X	X
Pawn shop	1/500 SF floor area					X	X	S
Pet shop	1/400 SF floor area					X	X
Plant material (nursery)	1/400 SF floor area					S	X	X
Radio and television	1/400 SF floor area					X	X
Restaurants	1/2 employees & 1/4 seats					X	X	X	X
RV sales	2/employee						X	S	S
Seasonal use sales (temporary)	1/employee +2	X				S	X	X
Sexually oriented business	1/400 SF floor area								S
Shoes	1/300 SF floor area					X	X
Shopping centers	1/250 SF gross leasable space					X	X
Sporting goods and athletic equipment	1/400 SF floor area					X	X	S
Tailoring (custom)	1/300 SF floor area					X	X
Tobacco products	1/employee					X	X	X	X
Truck sales and service	2/employee & 1/600 SF floor area					X	X	X	X
Variety store	1/300 SF floor area					X	X
WHOLESALE TRADE
Ammunition and explosives	1/employee +2						S	S	S
Automobiles and other motor vehicles	1/1,000 SF floor area						S	X	X
Automotive and motor vehicle equipment	3/2 employees						X	X	X
Candy and related products	1/employee						S	X
Commercial and industrial machinery, equipment and supplies	1/employee							X	X
Dairy products	1/employee							X	X
Drugs and sundries	1/employee						S	X
Dry goods	1/employee						S	X
Electrical equipment, wiring, etc.	1/employee +3							X	X
Electrical appliances	1/employee +2						S	X
Farm machinery and equipment	1/employee +2							X	X
Farm products (raw materials)	1/employee							X	X
Furniture and home furnishings	1/employee						S	X
Groceries	1/employee						S	X	X
Hardware, plumbing, and heating equipment	1/employee +2						S	X	X
Lumber and building materials	3/2 employees						S	X	X
Meat products	1/employee						S	X	X
Medical and dental supplies	1/employee					S	X	X	X
Oil field chemicals	1/employee +2								S
Oil field equipment	1/employee +3						S	X	X
Paint, varnish, and related products	1/employee							X	X
Paper and paper products	1/employee +3							X	X
Petroleum bulk stations and terminals	1/employee							X	X
Produce	1/employee						S	X	X
Scrap and waste material	1/employee							S	X
Tobacco products	1/employee					S	X	X	X
Vending machines and merchandise	1/500 SF floor area					S	X	X	X
RESOURCE PRODUCTION AND EXTRACTION
Caliche pit and storage area		S						S	S
Cotton ginning/compressing	1/employee	S						S	X
Farms		X
Fish hatchery	2/employee	S
Flammable liquid and gas storage	1/employee								S
Grain storage elevator	1/employee	S						X	X
Mining		S						S	S
Petroleum and gas well		S					S	S	S
Petroleum and natural gas refinery	1/employee								X
Petroleum collecting and storage facilities	1/employee	S						S	X
Plant material production (for retail or wholesale)	1/400 SF floor area	X					S	X	X
Poultry hatchery	1/employee	S
Sand and gravel extraction or storage		S						S	S
TRANSPORTATION, COMMUNICATIONS, AND UTILITIES
Aircraft storage and equipment maintenance	1/employee +2	S						S	X
Airport terminal		S						S	X
Automobile parking lot						X	X	X	X
Bus garage/terminal	1/employee					X	X	X	X
Electric generation plant	1/employee	S						X	X
Electric substation		S	S	S	S	S	X	X	X
Electric transmission right-of-way		X	X	X	X	X	X	X	X
Gas line regulating or compression station		S	S	S	S	S	X	X	X
Gas production plant	1/employee	S						S	S
Motor freight garage	1/employee							X	X
Motor freight terminal	1/2 employees							X	X
Moving and storage company (other than household goods)	1/2 employees						S	X	X
Petroleum pipeline right-of-way								X	X
Public yard and shop of local, state or federal agency	1/employee	S				S	X	X	X
Radio studio	1/employee	S				X	X	X	X
Radio transmitting tower	1/employee	S				S	S	X	X
Railroad right-of-way		S				X	X	X	X
Sewage lift station		S	S	S	S	X	X	X	X
Sewage treatment plant	1/employee	S						X	X
Taxicab terminal	1/taxi					X	X
Telegraph office	1/employee +2					X	X	X	X
Television broadcasting studio	2/employee	S				X	X	X	X
Television transmission right-of-way		X	X	X	X	X	X	X	X
Television transmitting tower		S				S	S	X	X
Utility line		X	X	X	X	X	X	X	X
Utility shops, storage yards, and buildings	1/employee						X	X	X
Water pressure control station		S	S	S	S	X	X	X	X
Water storage		X	X	X	X	X	X	X	X
Water treatment plant	1/employee	S						X	X
MANUFACTURING
Abrasives, asbestos, and miscellaneous mineral products	1/employee max. shift								X
Aircraft and accessories	1/employee max. shift								X
Ammunition	1/employee max. shift							X	X
Appliances (household)	1/employee max. shift							X	X
Asphalt felts and coatings	1/employee max. shift								X
Bakery products (wholesale distribution)	1/employee max. shift					S	S	X	X
Boat building and repair	1/employee max. shift								X
Books (publishing and printing)	1/employee max. shift					X	X	X	X
Bookbinding	1/employee max. shift					X	X	X	X
Bottling and canning soft drinks	1/employee max. shift						X	X	X
Bricks and structural clay tile	1/employee max. shift								X
Brooms and brushes	1/employee max. shift							X	X
Canning and preserving food products	1/employee max. shift							X	X
Canvas products	1/employee max. shift							S	X
Carbon black	1/employee max. shift								X
Cement (hydraulic)	1/employee max. shift								X
Ceramics	1/employee max. shift								X
Chemicals	1/employee max. shift								X
Clay refractors	1/employee max. shift								X
Coffee and related products	1/employee max. shift							X	X
Concrete products	1/employee max. shift								X
Confectionary and related products (wholesale distribution)	1/employee max. shift					S	S	X	X
Cosmetics, perfumes, and toilet preparations	1/employee max. shift								X
Cotton ginning and compressing facilities	1/employee max. shift								X
Cottonseed oil milling facilities	1/employee max. shift								X
Cut stone and stone products	1/employee max. shift								X
Dairy products	1/employee max. shift						S	X	X
Dental equipment and supplies	1/employee max. shift							X	X
Drugs and sundries	1/employee max. shift							X	X
Dry goods and apparel accessories	1/employee max. shift							S	X
Electric lighting and wiring equipment	1/employee max. shift							X	X
Electrical supplies and equipment	1/employee max. shift							X	X
Electric transmission and distribution equipment	1/employee max. shift								X
Electrometallurgical products	1/employee max. shift								X
Electronic components and accessories	1/employee max. shift							X	X
Electrotyping and stenotyping	1/employee max. shift							X	X
Engineering, scientific, and research equipment	1/employee max. shift							S	X
Engines and turbines	1/employee max. shift								X
Explosives	1/employee max. shift								X
Fabrication and assembly process	1/employee max. shift					S	X	X	X
Farm machinery and equipment	1/employee max. shift								X
Fats and oils	1/employee max. shift								X
Felt goods	1/employee max. shift								X
Floor coverings and carpets	1/employee max. shift								X
Food preparations and extracts	1/employee max. shift								X
Food products	1/employee max. shift								X
Fur dressing and dyeing	1/employee max. shift								X
Fur goods	1/employee max. shift							X	X
Furniture and home furnishings	1/employee max. shift								X
Glass and glass products	1/employee max. shift								X
Glue and gelatin	1/employee max. shift								X
Grain mill products	1/employee max. shift								X
Gum and wood chemicals	1/employee max. shift								X
Guns and related products	1/employee max. shift								X
Gypsum and gypsum products	1/employee max. shift								X
Hardware, cutlery, and hand tools	1/employee max. shift								X
Hats, caps, and millinery	1/employee max. shift							X	X
Heating and air conditioning supplies and equipment	1/employee max. shift								X
HUD-code manufactured/modular homes	1/employee max. shift								X
Ice	1/employee max. shift					X	X	X	X
Ink	1/employee max. shift								X
Jewelry	1/employee max. shift								X
Kitchen goods	1/employee max. shift							X	X
Knit goods	1/employee max. shift							X	X
Lace goods	1/employee max. shift							X	X
Lamp shades	1/employee max. shift							X	X
Lapidary work	1/employee max. shift								X
Leather and leather products	1/employee max. shift								X
Lubricating oils and greases	1/employee max. shift								X
Machinery and equipment (industrial)	1/employee max. shift								X
Matches	1/employee max. shift								S
Measuring and controlling equipment	1/employee max. shift							S	X
Meat packing	1/employee max. shift								X
Medical supplies and equipment	1/employee max. shift							S	X
Metal cans	1/employee max. shift								X
Metal smelting and processing	1/employee max. shift								X
Metal fabrication	1/employee max. shift							S	X
Metal working machinery, equipment, and products	1/employee max. shift								X
Millwork	1/employee max. shift							X	X
Modular/HUD-code manufactured home	1/employee max. shift								X
Monuments and tombstones	1/employee max. shift								X
Mortician goods	1/employee max. shift							S	X
Motor vehicles, equipment, and accessories	1/employee max. shift								X
Motorcycles, bicycles, and parts	1/employee max. shift								X
Musical instruments and parts	1/employee max. shift							X	X
Newspapers (publishing and printing)	1/employee max. shift					X	X	X	X
Office machines	1/employee max. shift								X
Office supplies and furniture	1/employee max. shift							X	X
Oil well equipment and supplies	1/employee max. shift								X
Ophthalmic and optical goods	1/employee max. shift							S	X
Padding and upholstery filling	1/employee max. shift								X
Paint and varnish	1/employee max. shift								X
Paper and paper products	1/employee max. shift							X	X
Paper coating and glazing	1/employee max. shift								X
Paving mixtures	1/employee max. shift								X
Periodicals (publishing and printing)	1/employee max. shift					X	X	X	X
Petroleum and natural gas refining	1/employee max. shift								X
Petroleum products	1/employee max. shift								X
Photographic equipment and supplies	1/employee max. shift							S	X
Plastic products	1/employee max. shift							X	X
Plumbing supplies and equipment	1/employee max. shift								X
Porcelain and porcelain products	1/employee max. shift								X
Pottery	1/employee max. shift								X
Prefabricated structures and components	1/employee max. shift							S	X
Pulp goods	1/employee max. shift								X
Radio and television equipment	1/employee max. shift							S	X
Railroad equipment	1/employee max. shift								X
Rubber goods	1/employee max. shift								X
Scrap and waste material processing	1/employee max. shift								X
Signs and advertising displays	1/employee max. shift						X	X	X
Silverware and plated ware	1/employee max. shift								X
Soap, detergents, cleaners, and polishes	1/employee max. shift								X
Sporting and athletic goods	1/employee max. shift							X	X
Synthetic materials	1/employee max. shift							S	X
Tanks and tank components	1/employee max. shift								X
Textiles and textile products	1/employee max. shift								X
Tobacco products	1/employee max. shift							X	X
Tortillas (wholesale distribution)	1/employee max. shift						X	X	X
Toys and novelty products	1/employee max. shift							X	X
Trailers (camping, travel, and livestock)	1/employee max. shift								X
Venetian blinds	1/employee max. shift							X	X
Vitreous china products	1/employee max. shift								X
Wallpaper	1/employee max. shift								X
Watches, clocks, and related parts	1/employee max. shift							X	X
Wire and wire products	1/employee max. shift								X
Wood products	1/employee max. shift							X	X
Yarns and threads	1/employee max. shift							S	X

(Ordinance 18-844, art. II, sec. 1, adopted 1/22/19; Ordinance 21-867 adopted 5/17/21; Ordinance 24-900 adopted 5/20/2024)

§ 19-12 Height and area requirements.

Height and area requirements for each zoning district classification are depicted in the following chart:

HEIGHT AND AREA REQUIREMENTS
District	Maximum Height		Minimum Lot			Yards
District	Stories	Feet	Area	Width	Depth	Front	Rear	Side	Total Sides
AO	–	45	87,120	200	200	25	40	5	12
SF	–	35	5,000	40	100	25	*	5 (1)	12(1)
MF	3	40	1,600/unit	40	100	25	*	5 (1)	12(1)
MH	1	20	4,000	40	100	15	*	4	8
C1 (residences same as MF)	3	40 (2)	–	–	–	25	(3)	(4)	–
C2 (residences same as MF)	10	125(5)	–	–	–	25	(3)	(4)	–
LI	8	100(6)	–	–	–	–	(3)	(4)	–
HI	8	100(6)	–	–	–	–	(3)	(4)	–

* = 20% of lot depth
(1)	Interior yard requirements may be waived in the case of townhouse developments. Interior side yard requirements may be waived for patio homes provided there is at least ten (10) feet between the structures.
(2)	A building may be erected to a height of eight (8) stories or one hundred (100) feet if set back from all required yard lines a distance of one (1) foot for each two (2) feet of additional height above forty-five (45) feet.
(3)	No rear yard requirement except that a rear yard of not less than fifteen (15) feet in depth shall be provided upon that portion of a lot abutting upon a residential district.
(4)	No side yard shall be required except that a side yard of not less than six (6) feet in width shall be provided on the side of a lot adjoining a residential district.
(5)	Buildings may exceed ten (10) stories or one hundred twenty-five (125) feet if set back (1) foot for every two (2) feet if height above one hundred and twenty-five (125) feet, but in no case shall the height of the building exceed the total of the street width on which it faces plus the depth of the front yard.
(6)	Whenever a building in a “LI” or “HI” district adjoins or abuts a residential district, such building shall not exceed three stories or forty-five (45) feet in height unless it is set back one (1) foot from the required side and rear yard lines for each foot of additional height above forty-five (45) feet.

(Ordinance 18-844, art. II, sec. 2, adopted 1/22/19)

§ 19-13 Height and area exceptions and modifications.

(1)

Height.

(a)

The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers, and spires, chimneys, elevator bulkheads, smokestacks, conveyors, and flag poles.

(b)

Public, semi-public or public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding sixty (60) feet, and churches and temples may be erected to a height not exceeding seventy-five (75) feet when the required side and rear yards are each increased by one (1) foot for each foot of additional building height above the height regulations for the district in which the building is located.

(c)

The limitation on number of stories shall not apply to buildings used exclusively for storage purposes provided such buildings do not exceed the height in feet permitted in the district in which they are located.

(2)

Front yards.

(a)

On lots having double frontage the required front yard shall be provided on both streets.

(b)

In a residential district no planting higher than three and one-half (3-1/2) feet above the established street grades shall be maintained within twenty (20) feet of any street intersection.

(c)

An open, uncovered porch or paved terrace may project into a required front yard for a distance of not more than ten (10) feet, but this shall not be interpreted to include or permit fixed canopies.

(d)

Filling station pumps and pump islands may be located within a required yard provided they are not less than fifteen (15) feet from any property line and not less than fifty (50) feet from the boundary of any residential district.

(e)

Off-street parking facilities may be located within the required front yard of any “C” or “I” district, but shall not be nearer than fifty (50) feet to any “SF” or “MF” district and no off-street parking shall be permitted in the required front yard or exterior side yard of any “SF” or “MF” district.

(3)

Side yards.

(a)

On a corner lot the width of the yard along the side street shall not be less than any required front yard on such street; provided however, that the buildable width of a lot of record shall not be reduced to less than thirty-two (32) feet.

(b)

No accessory building shall project beyond a required yard line along any street.

(c)

Where dwelling units are erected above commercial establishments no side yards are required except when required for the commercial building on the side of a lot adjoining a residential district.

(d)

A porte-cochere or canopy may project into a required side yard provided every part of such porte-cochere or canopy is unenclosed and not less than five (5) feet from any side lot line.

(e)

For the purpose of said yard regulations, a two-family dwelling or multiple dwelling shall be considered as one building occupying one lot.

(f)

Where a lot of record at the time of the effective date of this article is less than forty (40) feet in width the required side yard may be reduced to ten percent (10%) of the width of the lot; provided however, that no side yard shall be less than three (3) feet.

(4)

Rear yards.

(a)

Where a lot abuts upon an alley, one-half the alley width may be considered as part of the required rear yard.

(b)

The ordinary projections of sills, belt courses, cornices and ornamental features may extend to a distance not to exceed eighteen (18) inches into a required yard.

(c)

Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard may be permitted by the building inspector for a distance not to exceed five (5) feet when these are so placed as to not obstruct light and ventilation.

(5)

Lot area per family.

Where a lot of record at the time of the effective date of this article has less area or width than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, said lot may nonetheless be used for a one-family dwelling or for any non-dwelling use permitted in the district in which it is located.

(6)

Carports requirements.

(a)

Carports accessory to commercial structures must meet the same setback requirements as the primary structure with the exception of the rear setback, which is 5 feet.

(b)

Carports accessory to residential structures having a seventy-five foot (75') or less public right-of-way (street) easement, have the following setback requirements:

Front and exterior side yard setback requirement of 20 feet.

The front roofline or overhang may extend up to three feet beyond the support column.

Interior side setback of 5 feet.

Rear setback 5 feet from property line.

If the property line is adjacent to a public alley, the minimum wall or support column setback from the alley property line is 3 feet. The roofline or overhang may extend up to two feet beyond that point.

(c)

Carports accessory to residential structures having a seventy-six foot (76') or greater public right-of-way (street) easement, have the following setback requirements:

Front and exterior side yard setback requirement of 15 feet.

The front roofline or overhang may extend up to three feet beyond the support column.

Interior side setback of 5 feet.

Rear setback 5 feet from property line.

Exception: Carports accessory to residential structures located on Seaman, Main, Commerce and West Burkett Streets, must meet the same setback requirements as those outlined in subsection (6)(b), regardless of easement width.

(d)

A detached carport must have a minimum separation of 6 feet from any other structure. Attached carports do not need to meet separation requirements.

(e)

If a carport is greater than 10 feet in height, an additional 1 foot of setback is required for each foot of height above ten feet. If the property is adjacent to an alley, an additional 1 foot of setback is required for every 2 feet of height above ten feet. Carports may not exceed a maximum of 20 feet in height.

(7)

Accessory structure requirements.

(a)

Structures accessory to commercial land use must meet the same setback requirements as the primary structure with the exception of the rear setback. The rear setback for accessory commercial structures is 5 feet, and must be separated from other structures by a minimum of 6 feet.

(b)

A site plan is required for all commercial accessory structures, unless the structure is less than 400 square feet, and is used for storage purposes only.

(c)

With the exception of carports, no accessory structures are permitted in the front or exterior side yard.

(d)

Accessory structures other than commercial land use accessory structures have the following setback requirements:

Interior side setback of 5 feet.

Rear setback of 3 feet.

(e)

Accessory structures in residential districts may not exceed 20% of the rear yard area, and must have a minimum of 12 feet separation from primary structure.

(f)

If an accessory structure is greater than 10 feet in height, an additional 1 foot of setback is required for each foot above ten feet. If the property is adjacent to an alley, then 1 additional foot of setback is required for each 2 feet in height. Accessory structures may not exceed a maximum of 20 feet in height.

(8)

(Reserved)

(9)

Temporary fences.

Temporary fences for the purpose of protection or securing of construction sites may be allowed during the construction process, or up to eighteen (18) months, provided that the contractor or property owner has applied for, and received a temporary fence permit issued by the city.

(10)

Seasonal use temporary structures or shelters.

(a)

Location and placement of seasonal use temporary structures and shelters must be approved by the director of planning or the planning and zoning board. Prior to approval the applicant must meet the following requirements:

Obtain an itinerant merchants and vendors license. (Reference, city Code of Ordinances, chapter 8, article V, Peddlers, Solicitors, Itinerant Merchants and Vendors.)

Provide written evidence of ownership of the property on which the structure or shelter will be located or written permission to use the property from the property owner if the applicant does not own the property.

Submit a plan in writing to be approved by the director of planning or the planning and zoning board which includes the following items. If the property is not owned by the applicant, the applicant must provide written approval of the plan from the property owner.

On-site parking. The plan must provide for a minimum of two parking spaces.

ii.

Restroom facilities or access to restroom facilities.

iii.

Signage. All signs must comply with city ordinance.

(b)

Structures and shelters of this type may only be placed and used for the specific period of time approved by the director of planning or the planning and zoning board and consistent with the itinerant merchants and vendors license held by the applicant.

(c)

The planning director will enforce this subsection (10).

(Ordinance 18-844, art. II, sec. 3, adopted 1/22/19; Ordinance 24-901 adopted 5/20/2024)

§ 19-14 Sign regulations.

(1)

General intent and purpose.

The purpose of this section is to provide uniform sign regulations for the city. Its provisions shall be held to be the minimum requirements in the installation, erection, location, alteration, replacing, improving and maintenance of all signs. It is further intended to encourage signs which are well designed; which preserve locally recognized values of community appearance; which protect public investment in and the character of public thoroughfares; which aid in the attraction of shoppers and other visitors who are important to the economy of the city; which reduce hazards to motorists and pedestrians traveling on the public roadways; and thereby to promote the public health, safety and welfare.

(2)

Administration and enforcement–General.

(a)

Enforcement.

The provisions of this section shall be administered and enforced by the city code official and such representatives as he/she may designate. All other officers or employees of the city shall assist and cooperate with the city code official in administering and enforcing the provisions of this section.

(b)

Violations.

Except as otherwise provided in this article, the city code official shall notify by certified mail an owner of a sign which violates provisions of this article. The owner shall remove the sign within 30 days of notification or the city code official is hereby directed to do so according to subsection (7) of this section (Authority to remove signs).

(c)

Permit required.

No person shall erect, reconstruct, alter, relocate or place any sign within the city except as permitted by this section. A separate permit shall be required for a sign for each business entity, and a separate permit shall be required for each group of signs on a single supporting structure. All signs shall be constructed and maintained in compliance with this article, the building and electrical codes, and all other applicable ordinances of the city.

(3)

Sign permit fees.

(a)

Fees required.

All signs erected in the city shall be subject to fees as set forth in the fee schedules as adopted by the city commission.

(b)

Double permit fees.

The application fee or [for] a sign permit shall be doubled when the installation or alteration of a sign is commenced or completed before the necessary permit is obtained.

(4)

Fines for noncompliance.

Any person convicted of violating any provision of this section shall be guilty of a misdemeanor and shall be subject to a fine in accordance with the general penalty provision found in section 1-14 of this code, and/or signs may be removed by agents and employees of the city pursuant to the procedure set forth in subsection (7) of this section and may be either stored or destroyed without liability to the city or its agents or employees. The owner of a sign confiscated by the city may claim the sign remaining in the custody of the city upon payment to the city of an administrative fee set forth in the city fee schedule as approved by the city commission. Each day of such violation shall constitute a separate offense.

(5)

Exempt signs.

The following signs and actions shall be exempt from the requirements of this article:

(a)

Seasonal decorations.

(b)

Signs erected by the city, state, or federal government for the purpose of public instruction, street or highway designation, control [controlling] traffic, and/or similar uses incidental to the public interest.

(c)

The changing of advertising copy or message on a painted sign, including theater marquee signs and similar signs specifically designed for the use of replaceable copy, change of face panel, or where the sign frame was designed for replaceable plates, shall not require a permit.

(d)

U.S., Texas or patriotic flags.

(e)

Painting, repainting, or cleaning of an advertising structure or message thereon [for] which no structural changes are required.

(f)

Signs that are permitted through the board of adjustment for special events, outside sales, or storage of merchandise.

(g)

Searchlights, “A” frame signs, twirling signs, balloons or other gas-filled objects may be displayed for not more than seventy-two (72) continuous hours within a thirty (30) day period.

(h)

Any sign designated by official action of the city having special historic or architectural significance is exempt from the provisions of this section.

(6)

Prohibited signs.

The following signs are prohibited:

(a)

Wheeled signs.

(b)

Off-premise signs located within the city.

(c)

All signs in public street rights-of-way, public easements, alleys or upon any utility pole, except those signs that are exempt pursuant to subsection (5) of this section (Exempt signs).

(d)

Signs that contain flashing lights that resemble emergency lights, strobe lights or any light(s), which may resemble a governmental emergency beacon or traffic-control device.

(e)

Billboards.

(f)

Neon signs on the exterior of any building located within the Local Business District (C1).

(g)

Signs which use supports such as trees, rocks, bridges, fences, windmill towers, dilapidated buildings.

(h)

Signs with flashing, blinking, or traveling lights, which exceed thirty-five (35) watt lightbulbs.

(i)

Signs, sign structures, or supports, that project over any property line, except a sign placed flat against the wall of the building, which is on the property line, may project eighteen (18") over the property line.

(j)

Sidewalk signs or curb signs.

(k)

Any signs which resemble an official traffic sign or signal.

(l)

Any sign which emits sound, odor, or visible matter, which serves as a distraction to persons within the public right -of-way.

(m)

Signs which contain statements, words, or pictures of an obscene, indecent, or immoral character that would offend public morals or decency are prohibited.

(n)

Signs placed on the side or rear of any building or property when such sign faces upon a contiguous residential area.

(7)

Authority to remove signs.

If in the opinion of the city code official, any sign that is determined to be in violation of this article shall be subject to the following:

(a)

It shall be the duty of the city code official to observe and make note of the facts regarding all signs in violation of this article.

(b)

Notwithstanding anything contained herein to the contrary, the city code official, or his/her designee, is authorized to issue a citation, cause the sign to be removed and/or take other actions as authorized by this article, or any other city ordinance, without action by the zoning board of adjustment.

(c)

All structurally unsafe signs shall be removed within ten (10) days.

(d)

All signs shall be removed or the faces covered no later than thirty (30) days after a business ceases operation at that location.

(e)

Should the responsible party or parties, after due notice fail to correct a violation of this section, the code official shall cause such signs and their supports to be demolished and removed. If such sign cannot be demolished because it is painted on a building or other non-sign structure, such sign shall be painted over or removed by sandblasting. The code official shall also file against the property a lien in the amount of the cost of all such work.

(8)

Permit requirements.

No sign shall hereafter be erected, constructed, enlarged, altered, or removed and replaced except as otherwise provided by this code, until a permit for same has been issued by the city planning official.

(a)

Application.

Application for sign permit shall be made in writing by the party installing or constructing the sign upon forms furnished by the city planning official. Standard plans reflecting the proposed scope of work may be filed with the city planning official. Such application shall contain the following:

One set of plans;

A description of the proposed sign;

All existing buildings on the property;

The location by street and number of the proposed sign structure;

The distance from the curb to the sign;

Size and height of the sign;

Whether the sign is an electrical sign;

The existing zoning of the property where the sign is to be placed;

The name, address and telephone number of the property owner;

10.

The name, address, telephone number and license number of the registered sign contractor or erector.

(b)

Expiration.

Every permit issued by the city planning official under the provisions of this code shall be subject to the following: the permit shall expire by limitation and become null and void if the work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit.

Before work can be recommenced, a new permit must be obtained.

The fee for the subsequent permit shall be one-half (1/2) of the amount required for the original permit, provided no changes have been made in the original plan specifications for the work and that the suspension or abandonment has not exceeded one year.

(9)

Sign types.

Sign types are listed below and shall be as shown on the illustration entitled “Sign Types.”

Editor’s note–The illustration referred to above was not set out in Ordinance 18-844.

(a)

Permanent sign types (permit required).

Permanent sign types shall include the following:

Commercial pole signs.

Monument pole signs.

Monument signs.

Wall signs.

Secondary signs.

(b)

Temporary sign types (permit not required).

Temporary sign types shall include the following:

Banners.

Commercial real estate signs.

Political signs.

Flags.

Garage sale signs.

Decorative pennants.

(10)

Measurement of signs.

(a)

Measurement of detached signs.

The sign area for a detached on-premise sign shall be the area included within vertical and horizontal line projection of any logo, letters, or other symbols intended to be read together, composed of the total area of the message and any border, trim or surface upon which the message is displayed.

(b)

Measurement of attached signs.

The sign area for an attached on-premise sign shall be the area included within the vertical and horizontal line projection of any logo, letters, or other symbols intended to be read together, composed of the total area of the message and any border, trim or surface upon which the message is displayed. There may be several sign areas on the wall of a building depending upon how a sign is displayed.

Type of Signs	Permit	Districts	Maximum Area	Maximum Height	Number of Signs	Setback
PERMANENT SIGNS
Pole Signs
Commercial pole signs	Yes	C1, C2, LI, HI	See sign table 19-14(10)-A, 19-14(10)-B, 19-14(10)-C	See table 19-14(10)-A, B and C	1 per street frontage	15 feet from curb or edge of public street
Monument pole signs	Yes	C1, C2, LI, HI	0.40 sq. ft. per front linear ft. of lot	30 feet	1 per street frontage	10 feet from property line
Monument signs	Yes	C1, C2, LI, HI	18 sq. ft.	3 feet	1 per lot	15 feet from curb or edge of public street
Wall Signs
Wall sign w/o pole sign	Yes	C1, C2, LI, HI	15% of wall	3 feet above building roof	15% per wall	N/A
Wall sign w/ pole sign	Yes	C1, C2, LI, HI	10% of wall	3 feet above building roof	10% per wall	N/A
Residential wall sign	Yes	SF, MF, MH	1 sq. ft.	N/A	N/A	N/A
Secondary Signs
Directional signs	Yes	C1, C2, LI, HI	3 sq. ft.	2.5 feet	Two	Property line
Reader board	Yes	C1, C2, LI, HI	10 sq. ft.	N/A	Two	N/A
TEMPORARY SIGNS
Banners	No	C1, C2, LI, HI	N/A	N/A	Top of roof eave [sic]	N/A
Political signs	No	N/A	N/A	N/A	N/A	State requirements
Commercial real estate/ leasing signs	No	C1, C2, LI, HI, MF, AO	32 sq. ft.	10 feet	1 per street frontage	15 ft. from curb or edge of public street
Residential real estate/ leasing signs	No	SF, MF, MH, AO	10 sq. ft.	4 feet	1 per lot	15 ft. from curb or edge of public street
Flags	No	All	N/A	N/A	N/A	N/A
Garage sale signs	No	All	2 sq. ft.	N/A	N/A	N/A
Decorative pennants	No	C1, C2, LI, HI	N/A	Top of roof or eave	N/A	N/A

Table 19-14(10)-A
ON-PREMISE FREE-STANDING SIGNS/COMMERCIAL AND INDUSTRIAL ZONES VEHICULAR SPEED SUBJECT TO POSTED LIMITS UNDER 35 MILES PER HOUR
10 FEET OF ADDITIONAL HEIGHT MAY BE ADDED FOR EVERY 50 FEET OF SETBACK FROM FRONT PROPERTY LINE. FOR PROPERTY LOCATED ALONG INTERSTATE 20 OR PROPERTIES LOCATED WITHIN 1320 FEET OF INTERSTATE 20

Table 19-14(10)-B
ON-PREMISE FREE-STANDING SIGNS/COMMERCIAL AND INDUSTRIAL ZONES
VEHICULAR SPEED SUBJECT TO POSTED LIMITS BETWEEN 35 AND 55 MILES PER HOUR
10 FEET OF ADDITIONAL HEIGHT MAY BE ADDED FOR EVERY 50 FEET OF SETBACK FROM FRONT PROPERTY LINE. FOR PROPERTY LOCATED ALONG INTERSTATE 20 OR PROPERTIES LOCATED WITHIN 1320 FEET OF INTERSTATE 20

Table 19-14(10)-C
ON-PREMISE FREE-STANDING SIGNS/COMMERCIAL AND INDUSTRIAL ZONES VEHICULAR SPEED SUBJECT TO POSTED LIMITS ABOVE 55 MILES PER HOUR
10 FEET OF ADDITIONAL HEIGHT MAY BE ADDED FOR EVERY 50 FEET OF SETBACK FROM FRONT PROPERTY LINE. FOR PROPERTY LOCATED ALONG INTERSTATE 20 OR PROPERTIES LOCATED WITHIN 1320 FEET OF INTERSTATE 20

(11)

Special regulations for electronic message signs.

In addition to other requirements of this article, electronic message signs shall adhere to the following requirements:

(a)

Measurement of signs.

Electronic message signs may be up to 32 square feet in area per side or a maximum of 64 square feet, if double-sided.

(b)

Operational limitations.

Such signs shall not have any images that resemble traffic signs or signals that may confuse the public. These signs shall also have no lights that resemble or can be confused for lights similar to those found on emergency vehicles, nor have lighting or varying intensity of lighting which can be a hazard to health and safety.

Minimum display time.

Each message on the sign must be displayed for a minimum of eight (8) seconds.

Transition.

The transition from one sign message to another must occur within two (2) seconds and may not include flashing or appearance of motion, with the exception of a fade out or in, dissolve, or scroll that must be accomplished within the transition period.

(c)

Sign face limitations.

Each sign structure is limited to not more than two (2) sides with one sign face per side.

The entire sign face must comply with the operational limitations defined above. A sign face may not be apportioned into separate areas each acting as a separate sign face under these restrictions.

(d)

Brightness.

All electronic message signs shall be equipped with light sensing devices or a scheduled dimmer timer that will automatically dim the intensity of the light emitted by the sign during ambient low-light conditions and at night so that the sign does not exceed the maximum brightness levels allowed in this section.

Maximum brightness shall not exceed seven thousand (7,000) nits when measured from the sign’s face at its maximum brightness during daylight hours and shall not exceed one thousand (1,000) nits when measured from the sign’s face at its maximum brightness at night.

If such sign is located within one hundred (100) feet of a property with residential zoning, the sign must be oriented such that no portion of the electronic sign face is visible from a residentially zoned property or the brightness is reduced to no more than two hundred fifty (250) nits at night.

Prior to the issuance of a permit for such sign, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified above.

(e)

The city may order a sign’s brightness reduced, its minimum display time increased, or other operational characteristics altered if the city manager or his or her designee finds that it interferes with or poses a traffic safety hazard to the operation of vehicles. The city may not require an alteration of a sign that would make the sign ineffective for its intended purpose, such as by substantially impairing visibility of the sign.

(f)

All such signs shall be turned off or display a blank screen when malfunctioning.

(Ordinance 18-844, art. II, sec. 4, adopted 1/22/19; Ordinance 19-849, sec. I(B), adopted 7/15/19)

§ 19-15 Off-street parking and loading requirements.

(1)

General intent and application.

(a)

These parking regulations set minimum standards for off-street parking for all districts. Each land use activity creates specific needs for safe and adequate parking areas. The basis of the regulations reflects these parking demands. The parking regulations apply to all zoning districts unless otherwise specified.

(b)

No off-street parking shall be permitted in the required front or exterior side yard area of any “SF” or “MF” district.

(c)

Parking spaces and driveways will be paved with a sealed surface (concrete/asphalt) pavement and maintained so that no dust will be produced.

(2)

Residential parking.

(a)

All residential dwelling units, regardless of district, will provide two (2) vehicle parking spaces. Each space, enclosed, or unenclosed, will be not less than ten feet (10') by eighteen feet (18') sufficient in size to store one automobile. Each parking space will connect by a driveway to a street or alley.

(b)

Single- and two-family dwelling units (SF, MF, and MH) will provide a double width driveway for each dwelling unit as the connecter to the street or alley.

(c)

Two-four family and multiple-family dwellings in the MF districts will maintain two (2) parking spaces on the lot for each dwelling unit in the building. Each space will be connected by a driveway to a street or alley.

(3)

Joint parking facilities.

(a)

Whenever two (2) or more uses are located together in a common building, shopping center, or other integrated building complex, the parking requirements may be met by providing a permanent common parking facility cooperatively established and operated, which contains the required number of spaces for each use. The total number of spaces provided cannot be less than the sum of the individual requirements.

(b)

If the use of any building or premises is not specifically mentioned herein, the parking space provisions for a similar use listed in this section shall apply. If no similar use is listed the planning and zoning board shall determine the parking space requirements for said use subject to approval by the city commission.

(c)

For each permissible use hereinafter stated or implied in all other districts, unless served (or ever having been served) by parking meters, parking spaces will be provided on the property or on a site within three hundred feet (300') from the principal use property.

(d)

Parking spaces in all districts, for every industrial, commercial, institutional, recreational, residential, or any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, or at the time any other use is established, off-street parking spaces for automobiles in accordance with the requirements set forth in section 19-11.

(4)

Parking space dimensions and access.

(a)

For off-street parking requirements, reference section 19-11 (Permitted uses).

(b)

For off-street parking layout, design and accessible parking standards, reference table I.

(c)

When off-street parking facilities are located adjacent to a public alley, the width of said alley may be assumed to be a portion of the maneuvering space requirement.

(d)

A private walk, if provided adjacent to a business building, shall be not less than five (5) feet in width and shall be in addition to the minimum requirement for parking and maneuvering space herein required.

(e)

Where off-street parking facilities are provided in excess of the minimum amounts herein specified, or when off-street parking facilities are provided but not required by this article, said off-street parking shall comply with the minimum requirements for parking and maneuvering space as specified in table I, Off-Street Parking Layout.

(f)

For any new use, building or structure, where the required off-street parking cannot be provided on the premises because of the size or location of the lot, such parking may be provided on other property not more than four hundred (400) feet in distance from the building site.

(5)

Loading spaces.

In any district, for every building or part thereof hereafter erected with a minimum gross floor area of ten thousand (10,000) square feet, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning, or other uses similarly requiring the receipt or distribution of vehicles or material or merchandise, there shall be provided and maintained, on the same lot with such building, at least one (1) off-street loading space, plus one (1) additional such loading space for each additional twenty thousand (20,000) square feet, or major fraction thereof.

(6)

Loading dimensions and access.

(a)

Each loading space shall not be less than ten (10) feet in width, twenty-five (25) feet in length, and fourteen (14) feet in height.

(b)

No such space shall be located nearer than fifty (50) feet to any lot in any residential district, unless wholly within an enclosed building or unless effectively screened on each side which faces said districts by a wall or fence of not less than eight (8) feet in height.

(7)

Exceptions.

In the “C1” district, where a zoning lot was in existence as of the effective date of this article and where such lot does not abut an alley, the board of adjustment, on application and after concluding that undue hardship would result from the literal application of this section, may waive or modify any of the provisions thereof.

TABLE I. OFF-STREET PARKING LAYOUT
MINIMUM PARKING AREA REQUIREMENTS FOR TYPICAL PARKING ANGLES
Note: All parking stalls for angle parking are 18' long. All dimensions are expressed in feet.
Parking Angle	Stall Width	Parking Lane Depth Curb-to-Aisle	Aisle Width	Sum: Aisle Plus 2 Parking Lanes Curb-to-Aisle	Sum: 2 Overlapping Lanes	Curb Length for “N” Number of Cars
0° (parallel)	a 9'	10.0'	12.0'	32.0'	b	N x 23
30°	9'	17.7'	12.0'	47.4'	38.7'	2.32 + (N x 20)
45°	9'	19.2'	15.4'	53.8'	46.8'	7.07 + (N x 14.14)
60°	9'	20.3'	20.2'	60.8'	55.8'	7.11 + (N x 11.56)
90° (right angle)	9'	18.0'	26.0'	62.0'	b	N x 10

a	Minimum stall width for parking spaces
b	Parking lanes do not overlap for parallel or right angle parking

(Ordinance 18-844, art. II, sec. 5, adopted 1/22/19)

§ 19-16 Home occupation regulations.

(1)

Purpose.

Standards for controlling home occupations are set forth to minimize annoyance and inconvenience to neighboring property owners within residential areas. These standards are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of neighboring residential dwellings, while providing opportunities for the pursuit of home-based businesses.

(2)

Special provisions for home occupations.

(a)

Home occupations shall be permitted as accessory use in single-family residential zoning districts provided that they comply with all restrictions herein;

(b)

The occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling, and performance of the occupation activity shall not be visible from the street;

(c)

Such use shall be incidental and secondary to the use of the premises for residential purposes, and shall not utilize floor area exceeding 20 percent of the combined gross floor area of dwelling unit and any accessory building(s) that are used for the home occupation (in no case shall the combined floor area utilized for a home occupation exceed 500 square feet);

(d)

The occupation shall not employ more than one person who is not a member of the household in which the home occupation occurs;

(e)

Not more than two patron or business-related vehicles shall be present at one time, and the proprietor shall provide adequate off-street parking on the property where the use is located;

(f)

The operation of such an occupation shall be between the hours of 8:00 a.m. and 6:00 p.m. for outdoor activities, and between 8:00 a.m. and 10:00 p.m. for indoor activities;

(g)

One commercial vehicle, capacity of one ton or less (according to the manufacturer's classification), may be used or parked (behind the front building line) on the property in connection with the home occupation, but said vehicle may not be parked in the street or within the front yard setback;

(h)

The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential district, and shall not require regular and frequent deliveries by large delivery trucks or vehicles with a rated capacity in excess of one and one-half tons, according to the manufacturer's classification;

(i)

There shall be no outside storage, including trailers, or outside display related to the home occupation use;

(j)

No mechanical or electrical equipment shall be employed on the premises other than that which is customarily found in a home environment, and that which is customarily associated with a hobby or avocation which is conducted solely for pleasure and not for profit or financial gain;

(k)

The home occupation shall not generate noise, vibration, glare, fumes/odors, heat or electrical interference beyond what normally occurs within a residential district;

(l)

The occupation shall not require the use of chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood;

(m)

The home occupation shall not involve the use of advertising signs or window displays, or any other device that calls attention to the business use of the premises through audio and/or visual means;

(n)

The occupation shall not offer a ready inventory of any commodity for sale on the premises unless the commodity is made/assembled on-site (e.g., arts and crafts items, handmade clothing, etc.); and

(o)

The occupation shall not be harmful or detrimental to the health, welfare and safety of the neighborhood, nor shall it interfere with the comfortable enjoyment of life, property and recreation by residents of the area.

(3)

Applicability of other regulations.

Home occupations shall also be subject to any and all other provisions of local, state and/or federal regulations and laws that govern such uses.

(4)

Uses allowed as home occupations.

Subject to the provisions of subsection (2) of this section, home occupations may include the following uses:

(a)

Office facility of an accountant, architect, landscape architect, attorney, engineer, consultant, insurance agent, realtor, broker, or similar profession;

(b)

Author, artist or sculptor;

(c)

Dressmaker, seamstress or tailor;

(d)

Music/dance teacher, or similar types of instruction, provided that instruction shall be limited to no more than one pupil at a time;

(e)

Individual tutoring and home schooling;

(f)

Millinery;

(g)

Office facility of a minister, rabbi, priest or other clergyman;

(h)

Home crafts, such as rug weaving, model making, etc.;

(i)

Office facility of a salesman, sales or manufacturer's representative, etc., provided that no retail or wholesale transactions or provision of services are personally and physically made on the premises;

(j)

Repair shop for small electrical appliances, cameras, watches/clocks, and other small items, provided that the items can be carried by one person without using special equipment, and provided that the items are not equipped with an internal combustion engine;

(k)

Food preparation establishments such as cake making/decorating or catering, provided that there is no on-premises consumption by customers, and provided that all aspects of the business comply with all state and local health regulations;

(l)

Child care facility (see definition in section 19-2), in compliance with applicable state laws, which are incorporated herein by reference, with no more than six children;

(m)

Barber shop/beauty salon or manicure studio, provided that no more than one customer is served at a time;

(n)

Swimming lessons and water safety instruction, provided that such instruction involves no more than six pupils at any one time; and

(o)

Bed & breakfast/boarding house (see definition in section 19-2), provided that [there are] no more than the number of guests that can be accommodated/served at a time in a maximum of ten guest rooms.

(5)

Uses prohibited as home occupations.

Home occupations shall not, in any event, be deemed to include the following uses:

(a)

Animal hospitals or clinics, commercial stables, or kennels;

(b)

Schooling or instruction, except swimming/water safety classes and home schooling, with more than one pupil at a time;

(c)

Restaurants or on-premises food or beverage (including private clubs) consumption of any kind, except for limited food/meal consumption associated with the operation of a licensed registered family home or a bed & breakfast facility;

(d)

Automobile, boat or trailer paint or repair shop; small engine or motorcycle repair shop; welding shop; large household appliance repair shop; or other similar type of business;

(e)

Office facility for a doctor, dentist, veterinarian or other medical-related profession;

(f)

On-premises retail or wholesale sales of any kind, except for items that are produced entirely on the premises in conformance with this article, and except for occasional garage sales;

(g)

Commercial clothing laundering or cleaning;

(h)

Mortuaries or funeral homes;

(i)

Trailer, vehicle, tool or equipment rentals;

(j)

Repair shops or services, except as specifically provided in subsection (4) of this section;

(k)

Drapery or furniture upholstery shops;

(l)

Antique, gift or specialty shops;

(m)

Repair shops for any items having internal combustion engines; and

(n)

Any use that would be defined by the building code, as an assembly, factory/industrial, hazardous, institutional or mercantile occupancy.

(6)

Home occupation uses not classified.

(a)

Any use that is not either expressly allowed nor expressly prohibited by subsections (4) and (5) of this section, respectively, is considered prohibited, unless and until such use is classified by amendment to this article by the city commission, subsequent to an affirmative recommendation by the planning and zoning board.

(7)

Effect of this section upon existing home occupations.

(a)

Any home occupation that was legally in existence as of the effective date of this article and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, and is subject to the provisions of section 19-18 provided that the owner/proprietor of such home occupation register his/her business with the city within 90 days of the effective date of this article, and provided that the home occupation use was not in violation of any other local, state or federal law or regulation on that date. Proof of the existence of such home occupation use prior to the effective date of this article shall be required upon registration.

(b)

Any home occupation that was legally in existence as of the effective date of this article and that conforms with (i.e., is not in violation of) the provisions herein shall be hereby authorized to continue, provided that the home occupation use is registered with the city as described in subsection (a) above.

(Ordinance 18-844, art. II, sec. 6, adopted 1/22/19)

§ 19-17 Specific use regulations.

(1)

Specific use permits.

The city commission, after public hearing and proper notice to all parties affected, in accordance with the notice procedures, and after recommendation by the planning and zoning board, may authorize the issuance of “specific use permits” for the uses indicated in section 19-11 (Permitted uses). The planning and zoning board, in considering and determining their recommendation, or the city commission in considering any request for a specific use permit, may require from the applicant plans and/or pertinent information concerning the location, function, and characteristics of any use proposed. The city commission may, in the interest of assuring compliance with the intents and purposes of this article, establish conditions of operation with respect to any use for which a permit is authorized. In authorizing the location of any of the uses listed, the city commission may impose such reasonable development standards as the conditions and location indicated as being necessary for the protection of immediate properties in the neighborhood from noise, vibration, dust, dirt, smoke, fumes, odor, explosion, glare, waste, offensive view, or other undesirable or hazardous conditions.

(2)

Planned unit development.

When the planning and zoning board is petitioned by the owner of a tract of land comprising an area of not less than ten (10) acres for a change in zoning from an existing classification to a more intense use, or mixed uses, and whereby the provisions for off-street parking, screening walls, fences, or planting and open spaces would create a protective transition between lesser and a more restricted district, the planning and zoning board may recommend to the city commission one of the following:

(a)

Recommend against the change in zoning.

(b)

Recommend a change in zoning to “PD” for the entire tract following review and public hearing. Recommendations regarding a change in zoning to “PD” shall be based upon review of a comprehensive site plan, building layout, requirements for the paving of streets, alleys, and sidewalks, means of ingress and egress to public streets, provisions for drainage, open space, and location of all public utilities. A planned unit development granted shall be considered as an amendment to the zoning ordinance as applicable to such property. In granting such change, the city commission may impose conditions (including time limits) which shall be complied with by the developer before the building or property may be used for such purposes as approved in the planned development classifications.

(3)

Special exceptions/temporary uses.

The city commission, upon recommendation from the planning and zoning board, may grant special exceptions of a temporary nature in any district, and may impose appropriate conditions and safeguards, including a specified period of time for the permit, to protect the land use plan and to conserve and protect property and property values in the neighborhood.

(4)

Certain specific use permits.

(a)

Residential uses in C1.

A specific use permit to allow an authorized residential use in the C1 local business district may only be granted in the case of concurrent use of a multi-floor structure for both residential and commercial uses. Only one residential unit, regardless of square footage, may be permitted per commercial structure; however, more than one residential unit may be permitted for loft or studio apartments. The residential use may only be made of a second or higher floor of the structure; the ground floor must remain commercial.

(Ordinance 21-867 adopted 5/17/21)

§ 19-18 Nonconforming use and structures.

(1)

Intent of provisions.

(a)

Within the districts established by this article or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this article was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this article to permit such nonconforming uses to continue, as long as the conditions within this section and other applicable sections of this article are met.

(b)

It is further the intent of this article that nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.

(c)

Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

(2)

Nonconforming status.

(a)

Any use, platted lot or structure which does not conform with the regulations of this article on the effective date hereof or any amendment hereto, except as expressly provided in subsection (c) below, shall be deemed a nonconforming use, platted lot or structure provided that:

Such use, platted lot or structure was in existence under and in compliance with the provisions of the immediately prior zoning ordinance; or

Such use, platted lot or structure was a lawful, nonconforming use, platted lot or structure under the immediately prior zoning ordinance; or

Such use, platted lot or structure was in existence at the time of annexation into the city, was a legal use of the land at such time, and has been in regular and continuous use since such time.

(b)

Any other use, platted lot or structure which does not conform with the regulations of the zoning district in which it is located on the effective date of this article or any amendment hereto, and except as provided in subsection (c) below, shall be deemed to be in violation of this article, and the city shall be entitled to enforce fully the terms of this article with respect to such use, platted lot or structure.

(c)

The following types of platted lots shall be deemed in conformance with the provisions of this article, notwithstanding the fact that such lot does not meet the standards of this article in the district in which it is located:

Any vacant lot that conformed to the city’s zoning district regulations at the time that it was platted; or

Any lot occupied by a single-family dwelling authorized under the zoning district regulations in which the lot is located.

(d)

A lot of record that is nonconforming may be occupied by a single-family dwelling.

(3)

Continuing lawful use of land and structures.

(a)

A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created.

(b)

A nonconforming structure occupied by a nonconforming use may be re-occupied by a conforming use, following abandonment of the nonconforming use.

(4)

Abandonment of nonconforming uses and structures, and cessation of use of structure or land.

(a)

If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this article, as amended, and with any other applicable city codes or ordinances that are in effect at the time the use is resumed or the structure is re-occupied.

(b)

A nonconforming use or structure shall be deemed “abandoned” in the following circumstances:

The use ceases to operate for a continuous period of six months (i.e., 180 calendar days);

The structure remains vacant for a continuous period of six months (i.e., 180 calendar days); or

In the case of a temporary use, the use is moved from the premises for any length of time;

Exemption. In the event the nonconforming use ceases because of the death of the owner of the property, the director of planning and development may extend the time periods set out in subsections 1. and 2. above, up to 12 months so long as the estate of the deceased owner is being actively administered.

(c)

The use of a structure that has a replacement cost of $1,000.00 or less, which does not conform to the provisions of this article, or any amendment thereto, shall be discontinued and the structure removed within six months (i.e., within 180 calendar days) following the effective date of this article, or amendment thereto.

(d)

If the use of any lot, tract or property that does not have a building on it and that is used for animal lots, and/or open/outside storage as of the effective date of this article (or amendment thereto) is made nonconforming by this article (or amendment thereto), then such use shall cease within six months (i.e., 180 calendar days) following the effective date of this article (or amendment thereto). The lot, tract or property shall be cleaned up and all trash, debris, stored items, vehicles, livestock and other materials shall be removed from the premises such that the property is not a physical or visual nuisance to the public or to surrounding property owners.

(5)

Changing nonconforming uses.

(a)

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

(b)

A nonconforming use may be changed to a conforming use provided that, once such change is made, the use shall not be changed back to a nonconforming use.

(c)

A conforming use located in a nonconforming structure may be changed to another conforming use, but shall not be changed to a nonconforming use.

(6)

Expansion of nonconforming uses and structures.

(a)

A nonconforming use may be extended throughout the structure in which it is located, provided that:

The structure or its premises shall not be enlarged or increased in height, in floor area or in land area to accommodate extension of the nonconforming use;

No alteration shall be made to the structure occupied by the nonconforming use, except those alterations that are required by law to preserve the integrity of the structure and alterations that would upgrade the quality, safety or aesthetic appeal of the structure; and

The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming.

(b)

A nonconforming use occupying a structure shall not be extended to occupy land outside the structure.

(c)

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

(7)

Reconstruction or repair of nonconforming structure.

(a)

If more than 60 percent of the total appraised value, as determined by the Eastland County Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be rebuilt only in conformity with the standards of this article.

(b)

If less than 60 percent of the total appraised value, as determined by the Eastland County Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be reconstructed as it was before the partial destruction but only to its original dimensions and floor area, and provided that such reconstruction is completed within one year (i.e., 365 calendar days) following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the one-year reconstruction period may be extended by the city manager (or his/her designee).

(c)

If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use at the time of such destruction, then the nonconforming use may be re-established subject to the limitations on expansion set forth in subsection (6) of this section.

(d)

Any conforming structure that is totally or partially destroyed shall be reconstructed only in conformity with the standards of this article.

(e)

Nothing in this article shall be construed to prohibit the upgrading, strengthening, repair or maintenance of any part of any structure, conforming or nonconforming, that is declared unsafe or uninhabitable by the proper authority, unless such repairs or maintenance exceeds 50 percent of the structure's appraised value, as determined by the Eastland County Appraisal District.

(8)

Moving of nonconforming structure.

No nonconforming structure or building shall be moved in whole or in part to any other location on the lot, or to any other location or lot, unless every portion of such structure is in compliance with all the regulations of the zoning district wherein the structure is to be relocated.

(9)

Nonconforming lots.

Nothing in this article shall be construed to prohibit the use of a lot that does not meet the minimum lot standards of the zoning district in which it is located, provided that the lot is zoned for the land use(s) intended and the lot was platted as a lot of record prior to the effective date of this article.

(10)

Right to proceed preserved.

Nothing contained in this section is intended to alter any rights that may have accrued to proceed under prior regulations, pursuant to Texas Local Government Code section 43.002, or sections 245.001 to 245.006.

(Ordinance 18-844, art. II, sec. 8, adopted 1/22/19)

§ 19-19 Fence regulations.

(a)

Definitions.

(1)

Chainlink fence.

A fence made of wire in a diamond shape.

(2)

Masonry fence.

A type of fence built from individual units of brick, concrete blocks, stucco, or natural stone.

(3)

Metal fence.

A type of fence that consists of interlocking panels that securely fit together. This design feature ensures a seamless and tight connection between the panels. Metal type fences must have a cap rail that covers top and side edges.

(4)

Ornamental fence.

A type of fence that is used to add decoration and style to a property. This can be a wrought iron fence or a combination of fence types.

(5)

Picket fence.

A wooden fence made of spaced uprights connected with two or more horizontal rails.

(6)

Solid wood fence.

A type of fence made of large planks of wood or panels that is designed to be a visual barrier and secure a property. This type of fence is also referred to as a "privacy fence."

(7)

Swimming pools.

As used in this section, "swimming pool" means a swimming pool that is deeper than two (2) feet and includes in-ground and above-ground pools.

(8)

Visibility triangle.

An area located at the intersection of two streets, access easements, or alleys, or any combination thereof, where no structure, growth, or object shall exceed two feet in height, created by measuring 15 feet from the intersection of two rights-of-way along each right-of-way, as depicted below.

(9)

Wrought iron fence.

A type of fence made of iron bars that are spaced out. The bars can be either straight or manipulated into a variety of designs.

(b)

General regulations.

(1)

Fence cannot extend beyond property lines or extend into city rights-of-way.

(2)

Materials used for fences must be in good condition and all fences must be kept in a good state of repair.

(3)

Any material not allowed under subsections (c) and (d), below, as applicable, must be approved in writing by the city manager or his designee prior to the construction of the fence.

(4)

Solid fences may not be placed within the visibility triangle, as described in subsection (a)(8). Chainlink fences and ornamental fences that have a ratio of solid portion to open portion not in excess of one (1) to five (5) shall be exempt from this prohibition.

(5)

Hedges, bushes, or other vegetation used as a barrier or fence must comply with this section.

(c)

Residential area regulations.

Maximum height:

Rear yard: 8 feet.

Front yard: 6 feet.

Approved fence types:

Chainlink.

Picket.

Ornamental.

Wrought Iron.

Solid wood (privacy).

(F)

Masonry.

(G)

Metal (R panel).

(3)

Prohibited materials:

Plywood.

Sheet metal.

Fiberglass panel.

Electric fences.

Tarps.

Wire mesh (such as chicken wire and hog panel).

(G)

Razor/barbed wire.

(H)

Pallets.

(I)

Scraps (metal or wood).

(J)

Basket weave material.

(K)

Exception.

Barbed wire and electric fences are allowed when a residential property is adjacent to an AO (agricultural open space) zoned property and are used to control livestock.

(4)

Posts.

(A)

Posts for chainlink fences shall not be larger than 8 inches in diameter.

(B)

Masonry style posts for solid fence types shall not be larger than two (2) feet in depth or width.

(5)

Entrances.

Entry gates for fences may be no higher than six (6) feet. Fence gates or doors are not to open outside of the property, but are designed to either slide along the fence or open into the property so as not to obstruct visibility or disrupt traffic flow.

(6)

Lighting.

Any lighting installed with fencing must be angled so as not to cause a distraction for traffic or be so bright to cause a nuisance into buildings on neighboring properties.

(7)

Swimming pool fences.

Fences shall be installed to surround all swimming pools, as follows:

(A)

The immediate surrounds of the swimming pool or the yard on which it is located shall be fenced and equipped with a self-latching gate and self-closing lock to prevent uncontrolled access into any swimming pool. The fence shall be designed, constructed, and maintained in a manner to secure the pool from unauthorized entry and may be a privacy fence, chainlink, or an open ornamental picket fence provided that the spaces between the boards is small enough to prevent entry by small children.

(B)

The fence shall be at least four (4) feet above the natural grade but shall not exceed eight (8) feet above the natural grade. A swimming pool shall be provided with either a fence four (4) feet in height completely surrounding the pool, or a fence along the top edge of the pool which is at least 32 inches high around the edge of the pool and four (4) feet above the natural grade. Any ladders or stairs providing access to a pool shall be enclosed by a fence and/or self-latching or self-locking gate with a lock to prevent uncontrolled access.

(d)

Commercial area regulations.

(1)

Fencing for commercially zoned properties may be to a height of eight (8) feet in the front or rear of the property.

(2)

All fence types allowed under subsection (c) may be used for commercial properties. In addition, industrial properties and car repair, storage, and impound permitted uses may use barbed-wire fences to dissuade criminal trespassing into the property.

(Ordinance 24-901 adopted 5/20/2024)

§ 19-20 through § 19-35. (Reserved)