The use table classifies land uses into five major groups: Residential,
Public and Civic, Commercial, Industrial, Agricultural, and Other.
These are referred to as “Use Groups”.
(Ordinance 1494 adopted 2/22/11)
Each use group is further divided into “Use Categories”.
These categories classify land uses based on common characteristics,
such as the type of products sold, site conditions, or the amount
of activity on the site. The “Use Standard” column in
the use table provides a cross-reference to additional standards that
apply to some uses, whether or not they are allowed as a permitted
use or special use.
(Ordinance 1494 adopted 2/22/11)
When a land use cannot be classified into a Use Category or
appears to fit into multiple categories, the planning director is
authorized to determine the most appropriate Use Category.
(Ordinance 1494 adopted 2/22/11)
a.
Permitted
Uses - Uses identified with an “X” are permitted by right
in the designated zoning districts, subject to compliance with all
other applicable provisions of this chapter.
b.
Planned
Uses - Uses identified with a “P” require site or narrative
development plan approval. Development is to be consistent with the
approved site or narrative development plan. If the property is undeveloped,
any proposed use shall be consistent with design parameters approved
with the zone change.
c.
Special
Uses - Uses identified with an “S” in the use table may
be allowed in the designated zoning districts if approved in accordance
with the special use approval procedures. Approved special uses are
subject to compliance with all other applicable provisions of this
chapter.
d.
[Reserved]
e.
Prohibited
Uses - Uses that have no letter in the use table are expressly prohibited.
(Ordinance 1494 adopted 2/22/11)
|
Table 55 Residential District Use Table
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Use Group Use Category -
Use Sub -
Category -
Specific Uses
|
AG
|
R1
|
R2
|
R3
|
D
|
A
|
SF-MH
|
MHP
|
|
RESIDENTIAL
|
|
|
|
|
|
|
|
|
|
Assisted Living/Retirement Center
|
|
|
|
|
|
X
|
|
|
|
Condominium
|
|
|
|
|
X
|
X
|
|
|
|
Crisis Center (6 or fewer)
|
S
|
S
|
S
|
S
|
S
|
S
|
|
|
|
Garage Apartment
|
|
|
|
|
|
X
|
|
|
|
Halfway House
|
|
|
|
|
|
S
|
|
|
|
Manufactured Home Park
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Modular Home
|
X
|
X
|
X
|
X
|
|
|
X
|
|
|
Mother-in-law quarters
|
X
|
X
|
X
|
X
|
|
|
|
|
|
Multifamily (Apartment)
|
|
|
|
|
|
X
|
|
|
|
Nursing Home/Rehabilitation
|
|
|
|
|
|
X
|
|
|
|
Rescue Mission/Home
|
|
|
|
|
|
X
|
|
|
|
Single-Family Attached
|
|
|
|
|
|
|
|
|
|
Single-Family Detached
|
X
|
X
|
X
|
X
|
X
|
|
X
|
|
|
Townhouse/Rowhouse
|
|
|
|
X
|
X
|
X
|
|
|
|
Two-Family Duplex
|
|
|
|
|
X
|
X
|
|
|
|
PUBLIC/CIVIC
|
|
|
|
|
|
|
|
|
|
Cultural Facilities & Libraries
|
S
|
S
|
S
|
S
|
X
|
X
|
|
|
|
Day Care Center (Child or Adult)
|
|
|
|
|
|
X
|
|
S
|
|
Parks and Open Space
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Animal Park
|
X
|
|
|
|
|
|
|
|
|
Zoo
|
S
|
|
|
|
|
|
|
|
|
Post Office
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Public Safety (Police/Fire)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Major Utilities
|
X
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Minor Utilities
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Church, Temple, Synagogue, Mosque, (Church Activity/Recreational
Center)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
College or University
|
|
|
|
|
|
|
|
|
|
College Dormitory (Off Campus)
|
|
|
|
|
|
X
|
|
|
|
College Fraternity/Sorority House
|
|
|
|
|
|
X
|
|
|
|
Public School (Preschool, Kindergarten, Elementary, Junior High,
High School)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
School student/activity center/field (public)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
COMMERCIAL
|
|
|
|
|
|
|
|
|
|
Club/Social Organization
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Country Club (Private)
|
S
|
S
|
S
|
S
|
|
S
|
S
|
S
|
|
Rodeo Grounds
|
S
|
|
|
|
|
|
|
|
|
Bed & Breakfast
|
S
|
S
|
S
|
S
|
|
S
|
|
|
|
Boarding/Rooming House
|
|
|
|
|
|
S
|
|
|
|
Campground
|
S
|
|
|
|
|
|
|
|
|
RV Park
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
INDUSTRIAL
|
|
|
|
|
|
|
|
|
|
Oil & Gas Exploration (Drilling Activity)
|
S
|
S
|
S
|
S
|
|
S
|
S
|
S
|
|
Oil & Gas Exploration (Producing Well)
|
S
|
S
|
S
|
S
|
|
S
|
S
|
S
|
|
OTHER
|
|
|
|
|
|
|
|
|
|
Accessory Uses
|
|
|
|
|
|
|
|
|
|
Accessory Structures
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Community Center (Public or Private)
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
One Chair Barber/Beauty Shop (Residential)
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Day Care at Home (Adults) max. 6
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Day Care at Home (Children) max. 6
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Home Occupation
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Photography Studio
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Piano Lessons
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Swimming Lessons
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
(Ordinance 1494 adopted 2/22/11; Ordinance 1783 adopted 11/10/20)
|
Table 56 Nonresidential District Use Table
| |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
USES
|
AG
|
NS
|
PO
|
INT
|
LC
|
GC
|
MXU
|
DC
|
LM
|
HM
|
DED
|
|
RESIDENTIAL
| |||||||||||
|
Assisted Living/Retirement Center
|
|
|
|
|
|
|
X
|
|
|
|
|
|
Condominium
|
|
|
|
|
|
|
X
|
X
|
|
|
|
|
Crisis Center (6 or fewer)
|
|
|
|
|
|
|
S
|
|
|
|
|
|
Halfway House
|
|
|
|
|
|
|
S
|
|
|
|
|
|
Multifamily (Apartment)
|
|
|
|
|
|
|
X
|
X
|
|
|
Street-level use must be retail, restaurant, or entertainment
|
|
Nursing Home/Rehabilitation
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
|
|
|
Rescue Mission/Home
|
|
S
|
|
|
S
|
S
|
S
|
S
|
|
|
|
|
Single-Family Attached
|
|
|
|
|
|
|
X
|
X
|
|
|
|
|
Single-Family Detached
|
X
|
|
|
|
|
|
|
|
|
|
|
|
Townhouse/Rowhouse
|
|
|
|
|
|
|
X
|
X
|
|
|
Street-level use must be retail, restaurant, or entertainment
|
|
Two-Family Duplex
|
|
|
|
|
|
|
X
|
X
|
|
|
|
|
Manufactured Home Park
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
PUBLIC/CIVIC
| |||||||||||
|
Cultural Facilities & Libraries
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Day Care Center (Child or Adult)
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
|
|
Parks and Open Space
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Amphitheater
|
|
X
|
|
X
|
X
|
X
|
X
|
X
|
|
|
|
|
Animal Park
|
X
|
|
|
|
S
|
S
|
S
|
S
|
|
|
|
|
Zoo
|
S
|
|
|
|
S
|
S
|
S
|
S
|
|
|
|
|
Post Office
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
Public Safety (Police/Fire)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
Major Utilities
|
X
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
X
|
X
|
|
|
Minor Utilities
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
Church, Temple, Synagogue, Mosque, (Church Activity/ Recreational
Center)
|
X
|
X
|
X
|
X
|
X
|
|
X
|
X
|
X
|
X
|
|
|
College or University
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
|
Must meet the design requirements of the Downtown Core (DC”)
|
|
College Dormitory (Off Campus)
|
|
|
|
|
|
|
X
|
X
|
|
|
Street-level use must be retail, restaurant, or entertainment
|
|
College Fraternity/Sorority House
|
|
|
|
|
|
|
X
|
X
|
|
|
Street-level use must be retail, restaurant, or entertainment
|
|
Public School (Preschool, Kindergarten, Elementary, Junior High,
High School)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
School student/activity center/field (public)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
COMMERCIAL
|
|
|
|
|
|
|
|
|
|
|
|
|
AGRICULTURE
|
|
|
|
|
|
|
|
|
|
|
|
|
Stables
|
X
|
|
|
|
|
|
|
|
|
|
|
|
Cattle Pens
|
X
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Dairy Farm
|
X
|
|
|
|
|
|
|
|
|
|
|
|
Farm/Crop Production
|
X
|
|
|
|
|
|
|
|
|
|
|
|
Livestock
|
X
|
|
|
|
|
|
|
|
|
|
|
|
Feed Lot
|
X
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Fishing Pond
|
X
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Orchard
|
X
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Grain Storage Elevator
|
X
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Greenhouse/Plant Nursery
|
X
|
|
|
|
|
|
S
|
S
|
X
|
X
|
|
|
Livestock/Auction Facility
|
X
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Tree Farm
|
X
|
|
|
|
|
|
|
|
X
|
X
|
|
|
ANIMAL SERVICES
| |||||||||||
|
Kennel (Commercial)
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Pet Grooming (No overnight stay)
|
|
X
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
Pet Shop (No outdoor pens)
|
|
X
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
Pet Shop (Outdoor Pens)
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Veterinary Clinic (No outdoor pens)
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
Veterinary Clinic (Outdoor pens)
|
|
|
|
|
X
|
X
|
|
|
X
|
X
|
|
|
BANKS & FINANCIAL SERVICES
| |||||||||||
|
Automatic Teller Machine (ATM)
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
Bank
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
Credit Union/Bureau
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
Pawnshop
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
Bail Bonds
|
|
|
|
|
X
|
X
|
X
|
|
X
|
X
|
|
|
Building Material/Home Supply Store (No Outdoor Storage)
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
Building Material/Home Supply Store (Outdoor Storage)
|
|
|
|
|
|
X
|
|
|
X
|
X
|
|
|
Cabinet/Woodwork shop (Repair only)
|
|
X
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
Contractor’s Shop/Storage yard
|
|
|
|
|
|
S
|
|
|
X
|
X
|
|
|
Electrical, Plumbing, A/C, Heat (Wholesale)
|
|
|
|
|
|
S
|
|
|
X
|
X
|
|
|
Lumber/Building Materials Sales Yard
|
|
|
|
|
|
S
|
X
|
|
X
|
X
|
|
|
Bakery (Retail)
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Restricted hours (Must stay open till 10:00 p.m. Thursday—
Saturday)
|
|
Café, Coffee, Shop, Tea Room
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Restricted hours (Must stay open till 10:00 p.m. Thursday—
Saturday)
|
|
Delicatessen
|
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Restricted hours (Must stay open till 10:00 p.m. Thursday—
Saturday)
|
|
Donut Shop
|
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Restricted hours (Must stay open till 10:00 p.m. Thursday—
Saturday)
|
|
Ice Cream Parlor
|
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Restricted hours (Must stay open till 10:00 p.m. Thursday—
Saturday)
|
|
Private Club
|
|
X
|
|
X
|
X
|
X
|
X
|
X
|
|
X
|
Restricted hours (Must stay open till 10:00 p.m. Thursday—
Saturday)
|
|
Restaurant
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Restricted hours (Must stay open till 10:00 p.m. Thursday—
Saturday)
|
|
Club/Social Organization
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Restricted hours (Must stay open till 10:00 p.m. Thursday—
Saturday)
|
|
Concert Facility
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Restricted hours (Must stay open till 10:00 p.m. Thursday—
Saturday)
|
|
Dance Hall, Nightclub, Disco
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
X
|
Restricted hours (Must stay open till 10:00 p.m. Thursday—Saturday)
|
|
Theater, Playhouse
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
X
|
Restricted hours (Must stay open till 10:00 p.m. Thursday—
Saturday)
|
|
Theater - Cinema
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
X
|
Restricted hours (Must stay open till 10:00 p.m. Thursday—
Saturday)
|
|
ENTERTAINMENT (OUTDOOR)
| |||||||||||
|
Amphitheater
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
X
|
Restricted hours (Must stay open till 10:00 p.m. Thursday—
Saturday)
|
|
Circus/Carnivals
|
|
|
|
|
|
S
|
|
|
|
|
|
|
Country Club
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
Restricted hours (Must stay open till 10:00 p.m. Thursday—
Saturday)
|
|
Racetrack (Horse/Dog)
|
S
|
|
|
|
|
|
|
|
|
S
|
|
|
Racetrack (Motorized)
|
|
|
|
|
|
|
|
|
|
S
|
|
|
Recreational Field
|
S
|
S
|
|
S
|
X
|
X
|
X
|
X
|
|
X
|
|
|
Rodeo Grounds
|
S
|
|
|
|
|
|
|
|
|
S
|
|
|
Theater, Drive-in
|
S
|
|
|
|
|
X
|
X
|
X
|
|
X
|
Will be restricted on size due to limited space
|
|
FUNERAL AND INTERMENT SERVICE
| |||||||||||
|
Cemetery, Mausoleum
|
(Per State Law: No new cemeteries allowed within the city limits.
Only existing cemeteries may be expanded.)
| ||||||||||
|
Columbarium
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
|
Monument Sales Lot
|
|
|
|
|
|
X
|
|
|
X
|
X
|
|
|
Mortuary/Funeral Home/Crematory
|
|
|
|
|
X
|
X
|
|
X
|
X
|
X
|
|
|
GAS STATION
|
|
|
|
|
X
|
X
|
|
|
X
|
X
|
|
|
LODGING
| |||||||||||
|
Bed & Breakfast
|
|
X
|
|
X
|
X
|
X
|
X
|
X
|
|
|
Must have some element of night life
|
|
Extended Stay Hotel
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
|
Hotel, Motel, Resort
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
|
|
|
MEDICAL, DENTAL, OPTICAL
| |||||||||||
|
Dentist Office
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Pharmacy (Apothecary)
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Physician’s Office
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Psychologist Office
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Optometrist Office
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Laboratory, Medical
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
OFFICE
| |||||||||||
|
Abstract Office
|
|
X
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Accounting Office
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Advertising/Public Relations Agency
|
|
X
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Architect’s, Engineer’s, Planner’s Office
|
|
X
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Attorney’s Office
|
|
X
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Collection Agency
|
|
X
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Car title loan business
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Payday advance/loan business
|
|
X
|
|
|
|
X
|
|
|
|
X
|
|
|
Data Processing Service
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Employment Agency
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Geologist/Oil and Gas Office
|
|
X
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Insurance Office
|
|
X
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Research Laboratory
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Answering Service Office
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Photocopy, fax, internet services (Multimedia center)
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Print Shop
|
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Protection Service Office
|
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Stocks & Bonds Brokerage Office
|
|
X
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Studio (Broadcasting/Recording)
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Tax Consultant/Financial Office
|
|
X
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Utility Company Office
|
|
X
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
OFFICE PARK
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
PARKING GARAGE/LOT (Commercial)
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
PERSONAL AND CONSUMER SERVICE
| |||||||||||
|
Business, Professional School
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Catering Service
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Must have some element of customer space
|
|
Cleaning/Laundry (Pick-up/ Drop-off only)
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Cleaning/Laundry (On-site)
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Community Health/Welfare Center
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Day Spa
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Framing Shop
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Hooka Lounge
|
|
|
|
|
|
X
|
|
X
|
|
|
|
|
Headshop
|
|
|
|
|
|
X
|
|
|
|
|
|
|
Hair Salon
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Art, Ceramic, Craft Workshop
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Laundry (Self Service)
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Massage Therapist
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Optical/Eyewear Store
|
|
X
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Photography Studio
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Art Studio, Instructional or Gallery
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Tailor/Seamstress Shop
|
|
X
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Tanning Salon
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
Tattoo Parlour /Piercings
|
|
|
|
|
|
X
|
|
|
|
X
|
|
|
Travel Agency
|
|
X
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
Second story or back of unit use
|
|
RETAIL SALES & SERVICES
| |||||||||||
|
Antique Mall, Multiple Dealers
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Antique Shop
|
|
X
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Antique Shop (With Outdoor Display)
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Arts and Crafts Supply Store
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Auto Supply (Without Installation)
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Bicycle Shop
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Book Store
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Camera, Photography Store
|
|
X
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Cleaning Plant (Commercial)
|
|
|
|
|
|
X
|
X
|
|
|
X
|
|
|
Clothing/Apparel (Custom Made)
|
|
X
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Clothing/Apparel Store
|
|
X
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Confectionery Shop (Retail)
|
|
X
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Convenience Store
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Department Store
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Discount Store
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Drugstore
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Feed/Seed Store
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Flea Market (Indoor Only)
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Flea Market (Outdoor Display/Sales)
|
|
|
|
|
|
X
|
X
|
X
|
X
|
|
X
|
|
Florist
|
|
X
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Food, Grocery Store
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Fruit-Vegetable/Produce Market
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Fruit-Vegetable Stand
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Furniture/Appliance (Sales and Service)
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Gift Shop
|
|
X
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Hardware Store
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Jewelry (Custom Made)
|
|
X
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Jewelry Store
|
|
X
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Key/Locksmith Shop
|
|
X
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Lawn and Garden
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Lawn and Garden (Outdoor Display and Sales)
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
|
Lawn and Garden Equipment Sales & Service Store
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Meat/Seafood Market (No processing)
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Medical Appliance Store
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Music Store
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Outdoor Display
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Outdoor Storage
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Secondhand Store
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Sewing Machine Sales & Service
|
|
X
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Shoe Repair Shop
|
|
X
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Shoe Store
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Shoes. Boots, Purses (Custom Made)
|
|
X
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Swimming Pool Sales/Supplies
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Taxidermy Shop
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Tobacco Store
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Video Kiosk, interactive
|
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Video Store
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Self-Service Storage Facility
|
|
|
|
|
|
X
|
|
|
X
|
X
|
|
|
Sexually Oriented Business
|
(See Division B, Section 141. Location of Sexually Oriented Businesses and signage)
| ||||||||||
|
SPORTS AND RECREATION
| |||||||||||
|
Indoor
| |||||||||||
|
Archery Range
|
|
|
|
|
|
X
|
X
|
|
|
X
|
X
|
|
Bingo Parlor
|
|
|
|
|
|
X
|
X
|
X
|
|
X
|
X
|
|
Bowling Alley
|
|
|
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Commercial Amusement Center
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Commercial Recreation Center
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Firearms Range
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Pool Hall, Game Room
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Private Recreational Club
|
|
X
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Skating Rink
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Outdoor
| |||||||||||
|
Archery Range
|
|
|
|
|
|
S
|
|
|
S
|
S
|
|
|
Commercial Amusement Park
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Commercial Recreation Center
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Day Camp
|
X
|
|
|
|
|
X
|
X
|
|
|
|
|
|
Firearms Range
|
|
|
|
|
|
S
|
|
|
S
|
S
|
|
|
Fish Pond (Commercial)
|
|
|
|
|
|
X
|
|
|
X
|
X
|
|
|
Go-Cart Track
|
|
|
|
|
|
S
|
S
|
S
|
X
|
X
|
S
|
|
Golf Course, Miniature Golf, and Driving Range
|
|
|
|
|
|
S
|
S
|
S
|
X
|
X
|
S
|
|
Marina/Boat Dock
|
|
|
|
|
|
S
|
S
|
S
|
X
|
X
|
S
|
|
Riding Stable/Club
|
S
|
|
|
|
|
S
|
S
|
S
|
X
|
X
|
S
|
|
Rodeo Grounds
|
S
|
|
|
|
|
|
|
|
|
S
|
|
|
Skating Rink (Outdoor)
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Skeet Trap Range
|
|
|
|
|
|
S
|
|
|
S
|
S
|
|
|
Telecommunications/broadcas ting towers/buildings
|
|
S
|
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Vehicle & equipment sales, rental & repair
| |||||||||||
|
Automobile Dealership
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Motorcycle Dealership
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Auto Detail Shop
|
|
|
|
|
X
|
X
|
X
|
|
X
|
X
|
|
|
Auto Glass, Muffler, Seat Cover, Headliner Shop
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Auto Rental Agency
|
|
|
|
|
X
|
X
|
X
|
|
X
|
X
|
|
|
Auto/Truck Equipment Auction Facility
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Battery Service Shop
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Carwash
|
|
|
|
|
X
|
X
|
X
|
|
X
|
X
|
|
|
Tire Sales & Service
|
|
|
|
|
X
|
X
|
X
|
|
X
|
X
|
|
|
Tire Sales & Service (With Outdoor Display)
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Auto and Motorcycle Service Garage
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Auto Repair Services, Major
|
|
|
|
|
|
X
|
|
|
X
|
X
|
|
|
Auto Repair Services, Minor
|
|
|
|
|
X
|
X
|
X
|
|
X
|
X
|
|
|
Auto Supply (With Install)
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Auto/Truck Paint & Body Shop
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Vehicle Towing Service
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Heavy equipment/vehicle sales/rental
| |||||||||||
|
Boat Dealership
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Heavy Equipment/Machinery Rental Yard
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Heavy Machinery Dealership (Sales & Service)
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Manufactured Housing Sales Lot
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
RV Dealership
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Truckstop (Fuel, Service)
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Truck/Heavy Equipment Rental Facility
|
|
|
|
|
|
X
|
X
|
|
X
|
X
|
|
|
Truck/Tractor (Sales, Rental, & Service)
|
|
|
|
|
|
|
|
|
|
|
|
(Ordinance 1691 adopted 7/11/17; Ordinance 1783 adopted 11/10/20)
|
USES
|
AG
|
NS
|
PO
|
INT
|
LC
|
GC
|
MXU
|
DC
|
LM
|
HM
|
DED
|
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Limited
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Electronic/Electrical Equipment Mfg.
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Food Manufacturing/Processing Plant
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Furniture/Fixtures Manufacturing, Plant
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Lithographic Shop/Commercial Printer
|
|
|
|
|
X
|
X
|
|
|
X
|
X
|
|
|
Meat/Fish Packing Plant
|
|
|
|
|
|
|
|
|
|
X
|
|
|
Milk Distribution Station
|
|
|
|
|
|
X
|
|
|
X
|
X
|
|
|
Newspaper Printing Plant
|
|
|
|
|
X
|
X
|
|
|
X
|
X
|
|
|
Poultry Processing Plant
|
|
|
|
|
|
|
|
|
|
X
|
|
|
Printing/Publishing Plant
|
|
|
|
|
|
X
|
|
|
X
|
X
|
|
|
Sheetmetal Fabrication Shop
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Sign Contractor’s Shop/Yard
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Acid Manufacturing Plant
|
|
|
|
|
|
|
|
|
|
X
|
|
|
Auto/Truck Assembly Plant
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Boat Manufacturing Plant
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Chemicals/Allied Products Mfg. Plant
|
|
|
|
|
|
|
|
|
|
X
|
|
|
Fabricated Metal Production Facility
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Fertilizer Plant
|
|
|
|
|
|
|
|
|
|
X
|
|
|
Grain/Feed Processing Plant
|
|
|
|
|
|
|
|
|
|
X
|
|
|
Foundry/Metals Manufacturing Plant
|
|
|
|
|
|
|
|
|
|
X
|
|
|
Home Appliance Manufacturing Plant
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Industrial/Commercial Equipment Mfg.
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Motor Freight Terminal
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Pulp-Paper Mill
|
|
|
|
|
|
|
|
|
|
X
|
|
|
Railroad Depot
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Railroad Freight Terminal
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Sand, Gravel, Stone, Earth, Mineral Extraction
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Sand, Gravel, Stone, Earth, Mineral Sales
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Textile Mill
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Tire Retreading/Vulcanizing Plant
|
|
|
|
|
|
|
|
|
|
X
|
|
|
Wood Products Mfg. Plant (10+ Employees)
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Oil & Gas Exploration (Drilling Activity)
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Oil & Gas Exploration (Producing Well)
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
|
Oil & Gas Field Equipment Sales/Rental
|
|
|
|
|
|
X
|
|
|
X
|
X
|
|
|
Oil & Gas Treatment/Processing Plant
|
|
|
|
|
|
|
|
|
|
X
|
|
|
Petroleum Refinery
|
|
|
|
|
|
|
|
|
|
X
|
|
|
Petroleum Tank Farm
|
|
|
|
|
|
|
|
|
|
X
|
|
|
Research Laboratory
| |||||||||||
|
Laboratory Mfg.
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Warehousing and Wholesaling
| |||||||||||
|
Frozen Food Locker Plant
|
|
|
|
|
|
X
|
|
|
X
|
X
|
|
|
Hauling & Storage Facility
|
|
|
|
|
|
X
|
|
|
X
|
X
|
|
|
Warehouse & Distribution Center
|
|
|
|
|
|
X
|
|
|
X
|
X
|
|
|
Waste and Disposal
| |||||||||||
|
Junk/Salvage Yard
|
|
|
|
|
|
|
|
|
|
X
|
|
|
Sanitary Landfill
|
|
|
|
|
|
|
|
|
|
X
|
|
|
Recycling Facilities
| |||||||||||
|
Building Materials Salvage Yard
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Industrial Recycling Plant
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Recycling Center/Collection (Cans, Glass, Paper)
|
|
|
|
|
X
|
X
|
|
|
X
|
X
|
|
|
Recycling Center (Hazardous Material)
|
|
|
|
|
|
|
|
|
|
X
|
|
57A.
Property
owners who desire to reside and have a business on property that is
zoned “LC” Local Commercial District, “GC”
General Commercial, or “SINT” Institutional District must
obtain a special use permit.
(Ordinance 1494 adopted 2/22/11; Ordinance 1688, sec. 2, adopted 7/11/17; Ordinance 1691 adopted 7/11/17)
Within the districts established by this Ordinance there may
exist lots, structures, uses of land and structures, and characteristics
of use which were lawfully in existence and operating before this
Ordinance was enacted, amended or otherwise made applicable to such
lots, structures or uses, but which do not conform to the regulations
of the district in which they are located. It is the intent of this
Ordinance to permit such nonconforming uses to continue, as long as
the conditions within this Ordinance are met.
It is further the intent of this Ordinance 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 unless provided
for in this Ordinance.
(Ordinance 1494 adopted 2/22/11; Ordinance 1838 adopted 9/13/22)
Any use, platted lot, or structure which does not conform with
the regulations of the zoning district in which it is located shall
be deemed a nonconforming use, platted lot, or structure when:
A.
Such use,
platted lot, or structure was in existence and lawfully operating
as of the effective date of this Ordinance, and has since been in
regular and continuous use; or
B.
Such use,
platted lot, or structure was in existence and lawfully operating
as of the effective date of any amendment to this Ordinance, but by
such amendment is placed in a district wherein such use, platted lot,
or structure is no longer permitted, and has since been in regular
and continuous use; or
C.
Such use,
platted lot, or structure was in existence and lawfully operating
at the time of annexation into the City and has since been in regular
and continuous use.
(Ordinance 1494 adopted 2/22/11; Ordinance 1838 adopted 9/13/22)
A.
The lawful use of land or lawful existence of structures as of the effective date of this Ordinance, although such do not conform to the provisions hereof, may be continued; but if said nonconforming use or structure is discontinued or abandoned, as these terms are defined in Subsection B below, any future use of said premises shall be in conformity with the provisions of this Ordinance.
B.
“Discontinuance” of a nonconforming use shall be defined as the actual act or date that the use is discontinued (i.e., ceases to operate on the subject property). “Abandonment” of a nonconforming use or structure shall be defined as the actual act or date of abandonment as described in Subsection C.
C.
When a nonconforming use or structure which does not meet the standards in this Ordinance ceases to be used in such manner as stated in Subsection B above for a time period of six (6) months or longer, such use shall not be resumed and proof of such event shall constitute prima facie evidence of an act of abandonment, except as allowed in section 62(E). Any nonconforming use which does not involve a permanent type of structure or operation and which is moved from the premises shall be considered to have been abandoned.
D.
No nonconforming use or structure may be expanded, reoccupied with another nonconforming use, or increased following the effective date of this Ordinance except as provided in Section 61.
E.
Conforming
single-family residential uses on platted lots which were approved
prior to the effective date of this Ordinance, which may now be nonconforming
due to stricter standards, shall be deemed in conformance with this
Ordinance as long as the use of the lot is allowed in the respective
district. Only the lot size, depth, setbacks and width shall be allowed
to be less than the regulations prescribed in the zoning district
in which it is located. All other regulations of this Ordinance shall
be met or the lot shall be considered nonconforming.
F.
Any existing
vacant lot platted prior to the effective date of this Ordinance,
which was legally conforming, shall be deemed a conforming lot.
(Ordinance 1494 adopted 2/22/11; Ordinance 1838 adopted 9/13/22)
A.
Any nonconforming
use may be changed to a conforming use, and once such change is made,
the use shall not be changed back to a nonconforming use.
B.
Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by the process outlined in Section 62 below.
C.
A nonconforming
use may not be changed to another nonconforming use.
(Ordinance 1494 adopted 2/22/11; Ordinance 1838 adopted 9/13/22)
An expansion of a nonconforming use or structure is allowed
in accordance with the following:
A.
A nonconforming
use located within a building may be extended throughout the existing
building, provided that;
1.
No structural
alteration (except as provided in Subsection E below) may be made
on or in the building except those required by law to preserve such
building in a safe and structurally sound condition.
2.
The number
of dwelling units or rooms in a nonconforming residential use shall
not be increased so as to exceed the number of dwelling units or rooms
existing at the time said use became a nonconforming use.
B.
No nonconforming
use within a building may be extended to occupy any land outside the
building.
C.
No nonconforming
use of land or building shall be enlarged, increased, or extended
to occupy a greater area of land than was occupied at the time the
land became a nonconforming use, except to provide off-street loading
or off-street parking space. However, a single-family residence may
expand the structure up to thirty percent of the total square footage
of the residence one time after being found legally nonconforming.
D.
The minimum
residential lot areas for the various zoning districts shall be in
accordance with their respective districts, except that a lot having
less area than herein required which was an official “lot of
record” prior to the effective date of this Ordinance, may be
used for a single-family dwelling.
(Ordinance 1494 adopted 2/22/11; Ordinance 1838 adopted 9/13/22)
A.
If a structure
occupied by a nonconforming use is destroyed by fire, the elements,
or some 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 structure which does not exceed fifty percent (50%)
of its total appraised value as determined by the Gregg or Rusk County
Appraisal District, reconstruction will be permitted, but the previously
existing square footage of the structure and/or the function of the
nonconforming use cannot be expanded.
(Ordinance 1494 adopted 2/22/11)
(Ordinance 1494 adopted 2/22/11)
(1.)
Every
special use permit granted under the provisions of this article shall
be considered as an amendment to the zoning ordinance as applicable
to such property. In granting such permit the city council may impose
conditions which shall be complied with by the grantee before a certificate
of occupancy may be issued by the building official for the use of
the buildings on such property pursuant to the special use permit;
and such conditions shall not be construed as conditions precedent
to the granting of a special use permit for the change in zoning of
such property, but shall be construed as conditions precedent to the
granting of the certificate of occupancy. The following are regulating
measures which can be included in the consideration of a special use
permit:
a.
Parking
stipulated as part of recommendation;
b.
Site
plan required in all applications;
c.
Approval
of means of ingress and egress;
d.
Approval
of building size and location;
e.
Control
of outside lighting and screening;
f.
Special
setbacks and/or building lines;
g.
Surfacing
of parking areas and drives;
h.
Installation
of curbs and drainage structures;[.]
(2.)
When requesting a special use permit
for a specific use. The following information shall be provided for
review by the Planning and Zoning Board and City Council.
A.
The
name and address of the applicant
B.
The
exact location and legal description of the project
C.
A complete
site plan of the project that shows the following [sic]
D.
The
area and dimension of the tract of land
E.
Setbacks
of the structure
F.
Parking
G.
Driveways
H.
Location
of all utilities
I.
Location
of any roadways
J.
Landscaping
K.
Hours
of operation
L.
Fencing
M.
Signage
N.
Outdoor
display and storage
(Ordinance 1494 adopted 2/22/11)
(a)
Vision
clearance.
On any corner lot on which front and side
yards are required, no wall, fence, structure, sign, tree, shrub or
hedge may be maintained as to cause danger to traffic by obstructing
the view, and when topography prevents a clear view, this bank shall
be moved.
(b)
Front
yard.
The front yards required elsewhere in this article
shall be adjusted in the following cases:
(1)
Where
thirty-five (35) percent or more of the frontage on one (1) side of
a street between two (2) intersecting streets is developed with buildings
that have observed, with variation of five (5) feet or less, a front
yard greater or lesser in depth than required in this article, new
buildings shall not be erected closer to the street than the building
line so established by the existing buildings; however, this regulation
shall not be interpreted as requiring a building line of more than
forty (40) feet.
(2)
Where the frontage between two (2) intersecting streets is developed with buildings that have not observed a front yard as described in subsection (b)(1), then:
a.
Where
a building is to be erected on a parcel of land and will not be more
than two hundred (200) feet from existing buildings on either side,
the building line shall be a line drawn between the two (2) closest
front corners of the adjacent buildings on the two (2) sides.
b.
Where
a building is to be erected on a parcel of land that is within two
hundred (200) feet of an existing building on one (1) side only, such
building may be erected as close to the street as the existing adjacent
building; however, this regulation shall not be interpreted as requiring
a building line of more than forty (40) feet.
(3)
Where
a building line has been established by ordinance and such line requires
a greater setback than is prescribed by this article in the district
in which the building line is located, no building shall be erected
closer to the street than the line so established.
(4)
Where
a building line is shown on a plat recorded for record with the county
clerk prior to September 22, 2008 and such building line provides
a front yard of twenty-five (25) feet or more in depth and a side
yard of ten (10) feet or more in depth and is part of a comprehensive
plan for the orderly development of a subdivision, either with a uniform
or staggered building line, no building shall be erected closer to
the street than the building line or lines so shown; however, any
building line established by ordinance shall take precedence over
a building line shown on a recorded plat.
(5)
Open
and unenclosed terraces or porches and eave and roof extensions may
project into the required front yard for a distance not to exceed
four (4) feet; provided, however, that no supporting structure for
such extensions may be located within the required front yard. The
supporting structure of an open carport or other structure for the
storage of automobiles shall not be located within the required front
yard. An unenclosed canopy for a gasoline filling station or similar
business may extend beyond the building line but shall never be closer
to the property line than twelve (12) feet. The building line of a
gasoline filling station shall mean the actual wall of the filling
station and shall not be interpreted as being the curb of a walk or
driveway, or as the front of a canopy or the column supporting same.
(c)
Side
and rear yards.
(1)
Every
part of the required side or rear yard shall be open and unobstructed
except for accessory buildings as permitted by this article and the
ordinary projection of windowsills, belt courses and other ornamental
features projecting not to exceed twelve (12) inches. Eaves and awnings
on main residential structures may project to within three (3) feet
of a side or rear lot line.
(2)
Accessory
buildings may be built in the rear yard with a side and rear yard
setback at a minimum of five (5) feet, except that when such accessory
building is located closer than fifteen (15) feet to the main building
it shall observe the same side yard as required for the main building.
(3)
Open
or lattice-enclosed fire escapes, fireproof outside stairways, balconies
opening upon fire towers and ordinary projections of chimneys and
flues into rear yards may be permitted by the building inspector into
the required rear yard for a distance not to exceed three and one-half
(3-1/2) feet.
(4)
Terraces,
uncovered porches, platforms and ornamental features which do not
extend more than three (3) feet above the ground (first) floor level
of the building may project into a required side yard provided such
projections are not erected closer than two (2) feet from the side
lot lines.
(d)
Lot
area.
On any lot separately owned prior to September
1, 1964, a single-family house may be erected even though of less
area than required by these regulations.
(e)
Location
of dwellings and buildings.
Only one (1) main building
for a single-family, two-family or multiple-family use with permitted
accessory buildings may be located upon a lot or unplatted tract.
Every dwelling shall face or front upon a street or officially approved
place, other than an alley, which means of access shall have a minimum
width of thirty (30) feet. Where a lot is used for retail, commercial,
industrial, or a combination of same, or for a combination of 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 and when all such main buildings face upon a street or officially
approved place other than an alley. Whenever two (2) or more main
buildings or portions thereof are placed upon a single lot or tract
and such buildings will not face upon a street or officially approved
place, the same may be permitted when the site plan for such development
is approved by the city planning and zoning board so as to comply
with the normal requirements for platting. No parking area, storage
area or required open space for one (1) building shall be computed
as being the open space, yard or area requirements for any dwelling
or other use.
(f)
Erection
of duplex in R-2 or R-3 district.
Two-family dwellings
may be erected in a single-family R-2 or R-3 dwelling district where
forty (40) percent of the street frontage between intersecting streets
was developed with two-family dwellings prior to September 22, 2008,
and the corresponding frontage on the opposite side of the street
may likewise be used for two-family dwellings as provided for in the
D duplex classification; provided, however, that the area and parking
regulations are complied with.
(g)
Erection
of an apartment in an R-2, R-3 or D district.
Multiple-family
dwellings may be erected in a single-family R-2, R-3 or in a D duplex
district, where forty (40) percent of the street frontage between
intersecting streets was developed with multiple-family dwellings
prior to September 22, 2008, and the corresponding frontage on the
opposite side of the street may likewise be used for multiple-family
dwellings as provided in this article; provided, however, that the
area and parking regulations of the A apartment districts are complied
with.
(h)
Existing
oil well, derrick and pumping units.
Any oil well, derrick
or pumping unit existing at the time of the passage of this chapter
[September 22, 2008] shall thereafter be deemed a conforming use.
(i)
Existing
duplexes and apartments.
Any duplex or apartment use
existing at the time of the passage of this chapter shall thereafter
be deemed a conforming use.
(Ordinance 1494 adopted 2/22/11)
