Except as hereinafter specifically provided:
(1)
No land
shall be used for a purpose permitted in the district in which it
is located.
(2)
No building
shall be erected, converted, enlarged, reconstructed, moved or structurally
altered, nor shall any building be used, except for a use permitted
in the district in which such building is located.
(3)
No building
shall be erected, converted, enlarged, reconstructed or structurally
altered to exceed the height limit herein established for the district
in which such building is located.
(4)
No building
shall be erected, converted, enlarged, reconstructed or structurally
altered except in conformity with the area regulations of the district
in which such building is located.
(5)
No building
shall be erected, or structurally altered to the extent specifically
provided hereinafter except in conformity with the off-street parking
and loading regulations of the district in which such building is
located.
(6)
The
minimum yards, parking spaces, and open spaces, including lot area
per family, required by this ordinance for each and every building
existing at the time of passage of this ordinance or for any building
hereafter erected, shall not be encroached upon or considered as part
of the yard or parking space or open space required for any other
building, nor shall any lot area be reduced below the requirements
of this ordinance for the district in which such lot is located.
(7)
Every
building hereafter erected or structurally altered shall be located
on a lot as herein defined, and, except as hereinafter provided, there
shall not be more than one main building on one lot.
(Ordinance adopted 3/25/81, sec.
1; Ordinance 513, sec. 2, adopted 2/12/90; Ordinance 615, sec. 1, adopted 11/23/98)
Where uncertainty exists with respect to the boundaries of any
of the aforesaid districts as shown on the zoning map, the following
rules shall apply:
(1)
Where
district boundaries are indicated as approximately following the center
lines of streets or highways, street lines or highway right-of-way
lines, such center lines, street lines, or highway right-of-way lines
shall be construed to be said boundaries.
(2)
Where
district boundaries are so indicated that they approximately follow
the lot lines, such lot lines shall be construed to be said boundaries.
(3)
Where
district boundaries are so indicated that they are approximately parallel
to the center lines or street lines of streets, or the center lines
of right-of-way lines of highways, such district boundaries shall
be construed as being parallel thereto and at such distance therefrom
as indicated on the zoning map. If no distance is given, such dimension
shall be determined by the use of the scale on said zoning map.
(4)
In unsubdivided
property, the district boundary lines on the zoning map shall be determined
by use of the scale appearing on the map.
(5)
In the
case of a district boundary line dividing a property into two (2)
parts, the district boundary line shall be construed to be the property
line nearest the district line as shown.
(6)
Whenever
any street, alley or other public way is vacated by official action
of the city council, the zoning district adjoining each side of such
street, alley or public way shall be automatically extended to the
center of such vacation and all area included in the vacation shall
then and henceforth be subject to all regulations of the extended
districts.
(7)
Where
the streets or alleys on the ground differ from the streets or alleys
as shown on the zoning map, the streets or alleys on the ground shall
control.
(8)
If none
of the above apply, the board of adjustment shall determine the location
of the district boundary.
(Ordinance adopted 3/25/81, sec.
1; Ordinance 513, sec. 2, adopted 2/12/90; Ordinance 615, sec. 1, adopted 11/23/98)
For the purposes of this ordinance, the City of La Grange Fayette
County, Texas, is hereby divided into seven (7) districts as follows:
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District R.
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Single or Two-Family Residential District.
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District R-1.
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Multi-family, Apartment, Row, Townhouse or Condominium District.
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District R-2.
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Day Care, Boarding, Lodging and Bed and Breakfast District.
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District A-P.
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Administrative-Professional.
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District B.
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Business or Commercial District.
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District P.
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Public Building or Public Use District.
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District I.
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Industrial District.
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The location and boundaries of the districts herein established
are shown upon the official zoning map, which is hereby incorporated
into this ordinance. Said zoning map, together with all notations,
references and other information shown thereon and all amendments
thereto, shall be as much a part of this ordinance as if fully set
forth and described herein. Said zoning map, properly attested, is
on file in the office of the city secretary.
(Ordinance adopted 3/25/81, sec.
1; Ordinance 513, sec. 2, adopted 2/12/90; Ordinance 615, sec. 1, adopted 11/23/98)
Subsection 8-1.
A building or premise shall be
used only for the following purposes:
(a)
One-family dwellings.
(b)
Two-family dwellings.
(c)
Farms, nurseries or truck gardens, limited to the
propagation and cultivation of plants, provided no retail or wholesale
business is conducted on the property.
(d)
Churches and other places of worship.
(e)
Real estate sales offices during the development
of residential subdivisions not to exceed two (2) years. Display residential
houses with sales offices, provided that if said display houses are
not moved within a period of one year, specific permission must be
obtained from the city council for said display houses to remain on
their locations.
(f)
Accessory buildings and uses, customarily incident
to the above uses and located on the same lot therewith, not involving
the conduct of a retail business with such accessory building and
use being as defined herein.
Subsection 8-2.
Height regulation.
No building shall exceed thirty-five (35) feet or two and one-half
(2-1/2) stories in height.
Subsection 8-3.
Area regulations.
(a)
Size of yards:
(1)
Front Yard.
There shall be a front
yard having a depth of not less than twenty (20) feet. Where lots
have double frontage, running through from one street to another,
the required front yard shall be provided on both streets, except
that, a carport may be constructed on an interior lot no closer than
ten (10) feet from back of curb or curb line. A carport may be constructed
on a corner lot provided that no portion of said structure shall be
located closer than twenty (20) feet from back of curb or curb line.
(2)
Side yard.
There shall be a side
yard on each side of the lot having a width of not less than five
(5) feet. A two-family dwelling shall have a side yard on each side
of the lot of not less than ten (10) feet. A side yard adjacent to
a side street shall not be less than fifteen (15) feet. No side yard
for allowable nonresidential uses shall be less than twenty-five (25)
feet.
(3)
Rear yard.
There shall be a rear
yard having a depth of not less than twenty-five (25) feet.
(b)
Size of lot.
(1)
Lot area.
No building to be used
as a one-family dwelling shall be constructed on any lot of less than
seven thousand (7,000) square feet. No two-family dwelling shall be
constructed on any lot of less than eight thousand (8,000) square
feet.
(2)
Lot width.
The width of a lot for
a single-family dwelling shall not be less than seventy (70) feet
and the width of a lot for a two-family dwelling shall not be less
than eighty (80) feet at the front street building line, nor shall
the average width of a lot for a single-family dwelling be less than
eighty (80) feet.
(3)
Lot depth.
The average depth of the
lot shall not be less than one hundred (100) feet, except that a corner
lot for use of a one-family dwelling, having a minimum width of not
less than eighty (80) feet, may have an average depth of less than
one hundred (100) feet provided that the minimum depth is no less
than eighty-eight (88) feet. A corner lot to be used for the erection
of a two-family dwelling shall have a minimum width of not less than
eighty (80) feet.
(4)
Where a lot having less area, width and/or depth
than herein required, existed in separate ownership upon the effective
date of this ordinance the above regulations shall not prohibit the
erection of a one-family dwelling thereon nor shall this ordinance
prohibit the erection of a two-family dwelling on a lot existing in
separate ownership at the effective date of this ordinance, provided
such two-family dwelling shall not be erected on a lot less than six
thousand (6,000) square feet.
(c)
Parking regulations.
Off-street parking spaces shall be provided in accordance with
the requirements for specific uses set forth in Section 12.
(Ordinance adopted 10/10/83, sec.
2)
Subsection 8A-2.
Height regulation.
No building shall exceed thirty-five (35) feet or two (2) stories
in height.
Subsection 8A-3.
Area regulations.
(a)
Size of yards.
(1)
Front yard.
There shall be a front
yard having a depth of not less than twenty-five (25) feet. Where
lots have double frontage running through from one street to another,
the required front yard shall be provided on both streets.
(2)
Side yard.
There shall be a side
yard on each side of the lot having a width of not less than fifteen
(15) feet.
(3)
Rear yard.
There shall be a rear
yard along the rear line of the lot of not less than twenty-five (25)
feet.
(b)
Size of lot.
(1)
Lot area.
No building(s) to be used
as multi-family dwellings, apartment houses, row, townhouse or condominium
shall be constructed on a lot of less than eight thousand (8,000)
square feet.
(2)
Lot width.
The width of a lot for
multi-family dwellings, apartment houses, row, townhouses or condominiums
shall not be less than eighty (80) feet at any point.
(3)
Lot depth.
The depth of the lot shall
not be less than one hundred (100) feet.
(4)
Where a lot having less area, width and/or depth
than herein required, existed in separate ownership upon the effective
date of this ordinance the above regulations shall not prohibit the
erection of a multi-family, apartment, row, townhouse or condominium
dwellings on a lot existing in separate ownership at the effective
date of this ordinance, provided such dwellings shall not be erected
on a lot less than eight thousand (8,000) square feet.
Subsection 8A-4.
Parking regulations.
(a)
Off street parking.
Off street parking
shall be required and one (1) space shall be provided for each one
bedroom apartment, row, townhouse or condominium; two (2) spaces for
each unit with two bedrooms; two and one-half (2-1/2) spaces for each
three bedroom apartment, plus an additional two (2) parking spaces
for each three (3) units. Front yard may be used for off street parking,
provided such parking otherwise complies with the provisions hereof
and as may otherwise be embodied in the Code of Ordinances, City of
La Grange, Texas, applicable to such parking. Irrespective of existing
requirements, no front yard parking shall be allowed within fifteen
(15) feet of the intersection of public streets as measured from the
property line.
(b)
Landscaping of parking area.
The
parking area shall be landscaped and permanently maintained. This
shall be in addition to required landscaping.
(c)
Lighting of parking area.
Any lighting
of drives or parking areas shall be so designated as not to cause
any glare on any other residential, multi-family, apartment, row,
townhouse or condominium zoned area in the vicinity.
(d)
Landscaping open space and special requirements.
(1)
Open space.
Ten (10) percent of the
lot area shall be maintained as open area for recreation of the tenants.
There shall not be included in the computation of the open area common
areas such as walkways, yards fronting upon streets, side yards, swimming
pool areas and parking lots. In the case of multi-family dwellings
each unit of apartments shall satisfy the open space requirement.
In the case of row, townhouse or condominiums, each unit of such shall
also satisfy such requirement.
(2)
Privacy screen.
Whenever a multi-family,
apartment, row, townhouse or condominium dwelling abuts upon a residential
or other multi-family, apartment, row, townhouse or condominium district
there shall be erected along the boundaries, except along city streets,
a privacy fence at least six (6) feet in height constructed of substantial
materials as shall be approved by the building inspector of the City
of La Grange, Texas.
(3)
Signs.
Signs permitted shall be indirectly
illuminated or non-illuminated indicating the name and address of
the multi-family, apartment[,] row, townhouse or condominium dwellings,
availability and rental or purchase information.
(4)
Traffic signs.
Non-illuminated signs
not to exceed four (4) square feet in area are permitted for the control
of traffic.
(5)
Sign height.
No sign shall be located
more than twenty (20) feet above the ground or more than twenty (20)
feet above the upper surface of the nearest curb, whichever is less
in elevation.
(6)
No sign shall violate the visibility of intersections
as follows:
Any sign which obstructs vision at any point between a height
of two and one-half (2-1/2) feet and a height of ten (10) feet above
the upper face of the nearest curb (or street centerline if no curb
exists) and within the triangular area bounded on two (2) sides by
the two (2) street lines, or by projection of such lines to their
point of intersection, and on the third side by a straight line connecting
points on such street lines (or their projections) each of which is
twenty-five (25) feet distant from the point of intersection of the
street lines.
(7)
For each use of a lot under this section there
shall be no more than one (1) sign of each of the types described
in this section facing each street adjacent to such use, plus one
(1) such sign for each public entrance to such use in excess of one
(1) public entrance on each street.
Subsection 8A-5.
Requirements hereof to prevail.
The requirements for multi-family, apartment, row, townhouse
or condominium dwellings as embodied in this Section 8A shall prevail
in the event of conflict with any other provisions of this zoning
ordinance, except in the case of the division of the tract or parcel
of land upon which such multi-family, apartment, row, townhouse or
condominium dwelling lies for purposes of resale, in which case the
provisions of this ordinance, as well as those provisions in the Code
of Ordinances, City of La Grange, Texas, shall be applicable and govern
such subdivision.
(Ordinance adopted 3/25/81, sec.
2; Ordinance adopted 10/10/83,
sec. 3)
Subsection 8B-1.
Use regulations.
A building or premises shall be
used only for the following purpose:
(A)
Any use permitted in District R.
(B)
Day care, boarding, lodging, bed and breakfast
and similar uses in which either day care for individuals is provided
or care and/or lodging with meals is provided in a home setting.
(C)
This section shall not restrict the uses contemplated
hereby where otherwise permitted in District B or District I and any
such use in any such other district shall be as permitted in such
districts.
Subsection 8B-2.
Height regulations.
No building shall exceed thirty-five (35) feet or two and one-half
(2-1/2) stories in height.
Subsection 8B-3.
Area regulations.
(a)
Size of yards:
(1)
Front yard.
There shall be a front
yard having a depth of not less than twenty (20) feet. Where lots
have double frontage, running through from one street to another,
the required front yard shall be provided on both streets, except
that, a carport may be constructed on an interior lot no closer than
ten (10) feet from back of curb or curb line. A carport may be constructed
on a corner lot provided that no portion of said structure shall be
located closer than twenty (20) feet from back of curb or curb line.
(2)
Side yard.
There shall be a side
yard on each side of the lot having a width of not less than five
(5) feet. A two-family dwelling shall have a side yard on each side
of the lot of not less than ten (10) feet. A side yard adjacent to
a side street shall not be less than fifteen (15) feet. No side yard
for allowable nonresidential uses shall be less than twenty-five (25)
feet.
(3)
Rear yard.
There shall be a rear
yard having a depth of not less than twenty-five (25) feet.
(b)
Size of lot.
(1)
Lot area.
No building to be used
as a one-family dwelling shall be constructed on any lot of less than
seven thousand (7,000) square feet. No two-family dwelling shall be
constructed on any lot of less than eight thousand (8,000) square
feet.
(2)
Lot width.
The width of a lot for
a single-family dwelling shall not be less than seventy (70) feet
and the width of a lot for a two-family dwelling shall not be less
than eighty (80) feet at the front street building line, nor shall
the average width of a lot for a single-family dwelling be less than
eighty (80) feet.
(3)
Lot depth.
The average depth of the
lot shall not be less than one hundred (100) feet, except that a corner
lot for use of a one-family dwelling, having a minimum width of not
less than eighty (80) feet, may have an average depth of less than
one hundred (100) feet provided that the minimum depth is no less
than eighty-eight (88) feet. A corner lot to be used for the erection
of a two-family dwelling shall have a minimum width of not less than
eighty (80) feet.
(4)
Where a lot having less area, width and/or depth
than herein required, existed in separate ownership upon the effective
date of this ordinance the above regulations shall not prohibit the
erection of a one-family dwelling thereon nor shall this ordinance
prohibit the erection of a two-family dwelling on a lot existing in
separate ownership at the effective date of this ordinance, provided
such two-family dwelling shall not be erected on a lot less than six
thousand (6,000) square feet.
Subsection 8B-4.
Special use permit.
(a)
Any property zoned R-2 shall be further subject
to the grant of a special use permit by the Board of Adjustments.
(b)
The special use permit shall set forth the parking
requirements necessary to utilization of the premises.
(c)
The special use permit shall also set forth open
space requirements for those utilizing the premises.
(d)
The special use permit shall also set forth the
limits of permissible signs identifying the facility.
(e)
The special use permit may limit the times of operation.
(f)
When the permitted zoning is in an existing District
R or adjoining an existing District R, the special use permit shall
set forth such other limits as will maintain the character, nature,
use and occupancy in District R while also allowing use for day care,
boarding, lodging and bed and breakfast facilities.
Subsection 8B-5.
The Board of Adjustments shall,
in addition to those powers granted elsewhere in this ordinance, have
such other powers as necessary and incidental to restricting the extent
of the R-2 use.
Subsection 8B-6.
A special use permit as granted
by the Board of Adjustments shall be on such form as promulgated by
the Board of Adjustments and the application for such special use
permit shall be on such form as promulgated by the Board of Adjustments.
The special use permit granted shall be signed by the Chairman of
the Board or the Vice Chairman in his absence; shall be renewable
for successive one year terms if complied with; and shall be subject
to such additional requirements as may be imposed by the Board of
Adjustments as use may dictate when the special use permit is granted
within a District R or for premises abutting upon District R.
(Ordinance 513, sec. 1, adopted 2/12/90)
Subsection 8C-1.
Use regulations.
A building or premise shall be
used only for the following purposes:
Subsection 8C-2.
Height regulations.
(A)
Residential.
Same as District R.
(B)
Other use.
No building shall exceed
in height the width of the street on which it faces plus the depth
of the front yard. On a lot adjoining an R District, no building shall
exceed forty-five (45) feet in height, except that this height may
be increased up to the maximum allowed elsewhere in District B at
the rate of two (2) feet of additional height for each one foot of
additional set back from required yard lines.
Subsection 8C-3.
Area regulations.
(A)
Size of yards.
(1)
Front yard.
(a)
Residential.
Same as District R.
(b)
Other use.
Where all the frontage
on both sides of the street between two (2) intersecting streets is
located in District B no front yard is required. Where the frontage
on one side of the street between two (2) intersecting streets is
located partly in District B and partly in an R District, the front
yard shall conform to the R District regulations for a distance of
not less than three hundred (300) feet from the district boundary.
Where a front yard is required along the frontage on one side of a
street, the front yard requirements of the property directly opposite
on the other side of the street shall be not less than fifteen (15)
feet, except that such yard requirement shall not apply where the
property in the R District backs up to the street.
(3)
Rear yards.
(a)
Residential.
Same as District R.
(b)
Other use.
No rear yard is required
except that a rear yard of not less than twenty-five (25) feet in
depth shall be provided upon that portion of a lot abutting or across
a rear street from an R District, except that such yard requirement
shall not apply where the property in the R District also backs up
to the rear street.
Subsection 8C-4.
Parking and loading regulations.
Off-street parking and loading spaces shall be provided in accordance
with the requirements for specific uses set forth in Section 12.
(Ordinance 615, sec. 2, adopted 11/23/98; Ordinance 99-04, sec. 1, adopted 5/10/99)
Subsection 9-1.
Use regulations.
A building or premise shall be used only for the following purposes:
(A)
Any use permitted in District R-1.
(B)
Automobile parking lots.
(C)
Automobile or trailer display and sales, repair
garages, tire and seat cover shops, car wash.
(D)
Bakeries.
(E)
Bank.
(F)
Boarding and lodging houses.
(G)
Bowling alleys, drive-in restaurants, other similar
places of entertainment or amusement, provided such use is located
not less than one hundred (100) feet from any R District.
(H)
Building material storage yards.
(I)
Carpentry, painting, plumbing or tinsmithing shop.
(J)
Creamery, ice cream manufacturing and dairy operations.
(K)
Farm implement display and sales room.
(L)
Florist shop or greenhouses.
(M)
Frozen food lockers for individual or family use.
(N)
Gasoline service stations, provided that the activities
permitted do not include the storage or dismantling of old or wrecked
motor vehicles, the sale of used automobile parts, or the sale of
new or used motor vehicles.
(O)
Hospitals, clinics and sanitariums, except a criminal,
mental or animal hospital.
(P)
Hotels and motels.
(Q)
Ice plants.
(R)
Institutions of a religious, educational, charitable
or philanthropic nature, but not a penal or mental institution.
(S)
Laundries, self-service.
(T)
Milk distributing station.
(U)
Mobile home parks (trailers). Mobile home parks
must conform to the current ordinance regulating same.
(V)
Mortuaries.
(W)
Nursing and convalescent homes.
(X)
Offices and office buildings.
(Y)
Personal service uses including barber shops, beauty
parlors, photographic or artist studios, messengers, taxicabs, newspaper
or telegraphic service stations, dry cleaning and pressing, dressmaking,
tailoring, shoe repairing, repair of household appliances and bicycles,
catering, restaurants, and other personal service uses of similar
character.
(Z)
Printing, engraving and newspaper plants.
(AA)
Public utilities substations.
(BB)
Radio or television broadcasting station or studio.
(CC)
Retail stores.
(DD)
Signs (advertising) used in connection with and
on the same lot as the business establishments to which they refer,
except that they shall not be placed within any required yard nor
within twenty-five (25) feet of any R District.
(EE)
Theater.
(FF)
Upholstering shop, not involving furniture manufacturing.
(GG)
Veterinarian or animal hospital provided that
no such building, kennel or exercise runway shall be closer than fifty
(50) feet to any R District.
(HH)
Any similar uses as determined by the board of
adjustment which are not likely to create any more offensive noise,
vibration, dust, heat, smoke, odor, glare or other objectionable influences
than the minimum amount normally resulting from other uses permitted,
such permitted uses being generally wholesale and retail trade, service
industries and light industries that manufacture, process, store and
distribute goods and materials and are in general dependent on raw
materials refined elsewhere.
(II)
Accessory buildings and uses customarily incident
to any of the above uses provided that such use be not objectionable
because of odor, dust, noise, vibration or similar nuisance.
(JJ)
Alcohol manufacture (Business or Commercial District
and Industrial District but not in the Historic District).
(KK)
Beer, Wine and Mead manufacture (Business or Commercial
District and Industrial District, including Historic District)
Subsection 9-2.
Height regulations.
(A)
Residential.
Same as District R.
(B)
Other use.
No building shall exceed
in height the width of the street on which it faces plus the depth
of the front yard. On a lot adjoining an R District, no building shall
exceed forty-five (45) feet in height, except that this height may
be increased up to the maximum allowed elsewhere in District B at
the rate of two (2) feet of additional height for each one foot of
additional set back from required yard lines.
Subsection 9-3.
Area regulations.
(A)
Size of yards.
(1)
Front yard.
(a)
Residential.
Same as District R.
(b)
Other use.
Where all the frontage
on both sides of the street between two (2) intersecting streets is
located in District B no front yard is required. Where the frontage
on one side of the street between two (2) intersecting streets is
located partly in District B and partly in an R District, the front
yard shall conform to the R District regulations for a distance of
not less than three hundred (300) feet from the district boundary.
Where a front yard is required along the frontage on one side of a
street, the front yard requirements of the property directly opposite
on the other side of the street shall be not less than fifteen (15)
feet, except that such yard requirement shall not apply where the
property in the R District backs up to the street.
(3)
Rear yards.
(a)
Residential.
Same as District R.
(b)
Other use.
No rear yard is required
except that a rear yard of not less than twenty-five (25) feet in
depth shall be provided upon that portion of a lot abutting or across
a rear street from an R District, except that such yard requirement
shall not apply where the property in the R District also backs up
to the rear street.
Subsection 9-4.
Parking and loading regulations.
Off-street parking and loading spaces shall be provided in accordance
with the requirements for specific uses set forth in Section 12.
(Ordinance adopted 10/10/83, sec.
4; Ordinance 19-03, sec. 1, adopted 2/25/19)
Subsection 10-1.
Use regulations.
(a)
County clubs or golf courses, but not including
miniature golf courses, driving ranges or similar forms of commercial
amusement.
(b)
Parks, playgrounds, community buildings and other
public recreational facilities, owned and/or operated by the municipality
or other public agency.
(c)
Public buildings and grounds including, but not
restricted to churches, libraries, museums, police and fire stations.
(d)
School, public elementary or high.
(e)
Schools, private, with curriculum equivalent to
that of a public elementary or high school.
(f)
Water supply reservoirs, pumping plants or towers.
Subsection 10-2.
Height regulations.
No building shall exceed the width of the street on which it faces
plus the depth of the front yard. On a lot adjoining an R District,
no building shall exceed forty-five (45) feet in height, except that
the height may be increased up to the maximum allowed elsewhere in
District B at the rate of two (2) feet of additional height for each
one foot of additional setback from required yard lines.
Subsection 10-3.
Area regulations.
(a)
Size of yards.
(1)
Front yard.
Where all the frontage
on both sides of the street between two (2) intersecting streets is
located in District P no front yard is required. Where the frontage
on one side of the street between two (2) intersecting streets is
located partly in District P and partly in an R District, the front
yard shall conform to the R District regulations for a distance of
not less than three hundred (300) feet from the District boundary.
Where a front yard is required along the frontage on one side of a
street, the front yard requirements of the property directly opposite
on the other side of the street shall be not less than fifteen (15)
feet, except that such yard requirement shall not apply where the
property in the R District backs up to the street. No storage or similar
use shall be allowed in required front yards in District P.
(2)
Side yards.
No side yard is required
except that a side yard of not less than ten (10) feet in width shall
be provided on the side of lot adjoining an R District.
(3)
Rear yards.
No rear yard is required
except that a rear yard of not less than twenty-five (25) feet in
depth shall be provided upon that portion of a lot abutting or across
a rear street from an R District, except that such yard requirement
shall not apply where the property in the R District also backs up
to the rear street.
(b)
Size of lot.
No limitations.
(c)
Lot coverage.
No limitations.
Subsection 10-4.
Parking and loading regulations.
Off-street parking and loading spaces shall be provided in accordance
with the requirements for specific uses set forth in Section 12.
(Ordinance 19-03, sec. 3, adopted 2/25/19)
Subsection 11-1.
Use regulations.
A building or premises shall be used only for the following purposes:
(A)
Any use permitted in District B.
(B)
Apparel and other products assembled from finished
textiles.
(C)
Bottling works.
(D)
Carting, express, hauling or storage yard.
(E)
Coal, coke or wood yard.
(F)
Contractor’s yard.
(G)
Cosmetic manufacture.
(H)
Drugs and pharmaceutical products manufacturing.
(I)
Electronic products assembly.
(J)
Fur goods manufacture, but not including tanning
or dyeing.
(K)
Glass products, from previously manufactured glass.
(L)
Household appliance products assembly and manufacture
from prefabricated parts.
(M)
Industrial and manufacturing plants including the
processing or assembling of parts for production of finished equipment
where the process of manufacturing or treatment of materials is such
that only a nominal amount of dust, odor, gas, smoke or noise is emitted
and not more than ten per cent (10%) of the lot or tract is used for
the open storage of products, materials or equipment.
(N)
Plastic products manufacture, but not including
the processing of raw materials.
(O)
Sporting and athletic equipment manufacture.
(P)
Testing and research laboratories.
(Q)
Other uses similar to the above listed uses except
that the following uses are specifically prohibited:
(1)
Acetylene gas manufacture or storage.
(2)
Acid manufacture.
(3)
Ammonia, bleaching powder or chlorine manufacture.
(4)
Arsenal.
(5)
Asphalt manufacture or refining.
(6)
Blast furnace.
(7)
Bag cleaning, unless clearly accessory to the manufacture
of bags.
(8)
Boiler works.
(9)
Brick, tile, pottery or terra cotta manufacture
other than the manufacture of handcraft or concrete products.
(10)
Candle manufacture.
(11)
Celluloid manufacture or treatment.
(12)
Cement, lime, gypsum or plaster of paris manufacture.
(13)
Central mixing plant for cement, mortar, plaster
or paving materials.
(14)
Coke ovens.
(15)
Cotton seed oil manufacture.
(16)
Creosote manufacture or treatment.
(17)
Disinfectants manufacture.
(18)
Distillation of bones, coal or wood.
(19)
Dyestuff manufacture.
(20)
Exterminator and insect poison manufacture.
(21)
Emery cloth and sandpaper manufacture.
(22)
Explosives or fireworks manufacture or storage.
(23)
Fat rendering.
(24)
Fertilizer manufacture.
(25)
Fish smoking and curing.
(26)
Forge plant.
(27)
Garbage, offal or dead animals reduction or dumping.
(28)
Gas manufacture or storage, for heating or illuminating
purposes.
(29)
Glue, size or gelatin manufacture.
(30)
Iron, steel, brass or copper foundry or fabrication
plant.
(31)
Junk, iron or rag storage or hauling.
(32)
Match manufacture.
(33)
Lampblack manufacture.
(34)
Oilcloth or linoleum manufacture.
(35)
Oiled rubber goods manufacture.
(36)
Ore reduction.
(37)
Paint, oil, shellac, turpentine or varnish manufacture.
(38)
Paper and pulp manufacture.
(39)
Petroleum or its products, refining or wholesale
storage of.
(40)
Pickle manufacturing.
(41)
Planing mills.
(42)
Potash works.
(43)
Proxline [Pyroxyline] manufacture.
(44)
Rock crusher.
(45)
Rolling mill.
(46)
Rubber or gutta percha manufacture or treatment
but not the making of articles out of rubber.
(47)
Sauerkraut manufacture.
(48)
Salt works.
(49)
Shoe polish manufacture.
(50)
Smelting of tin, copper, zinc or iron ores.
(51)
Soap manufacture other than liquid soap.
(52)
Soda and compound manufacture.
(53)
Stock yard or slaughter of animals or fowls.
(54)
Stone mill or quarry.
(55)
Stove polish manufacture.
(56)
Tallow, grease or lard manufacture or refining
from or of animal fat.
(57)
Tanning and curing of raw hides or skins, and
the storage of raw hides or skin unless such storage is under refrigeration.
(58)
Tar distillation or manufacture.
(59)
Tar roofing or water proofing manufacturing.
(60)
Tobacco (chewing) manufacture or treatment.
(61)
Vinegar manufacture.
(62)
Wool pulling or scouring.
(63)
Yeast plant.
Subsection 11-3.
Area regulations.
(A)
Size of yards.
(1)
Front yard.
(a)
Residential.
Same as District R.
(b)
Other use.
Where none of the frontage
on either side of the street between two (2) intersecting streets
is located in an R District, no front yard is required. Where the
frontage on one side of the street between two (2) intersecting streets
is located partly in District B [I] and partly in an R District the
front yard shall conform to the R District regulations for a distance
of not less than three hundred (300) feet from the district boundary.
Where a front yard is required along the frontage on one side of a
street, the front yard requirements of the property directly opposite
on the other side of the street shall be not less than twenty-five
(25) feet. No storage or similar use shall be allowed in required
front yards in District B [I].
(2)
Side yards.
(a)
Residential.
Same as District B.
(b)
Other use.
No side yard is required
except that a side yard or a side street yard of not less than twenty-five
(25) feet in width shall be provided on the side of the lot adjoining
or across a side street from an R District. No storage or similar
use shall be allowed in required side yards or side street yards in
District B [I].
(3)
Rear yards.
(a)
Residential.
Same as District R.
(b)
Other use.
No rear yard is required
except that a rear yard of not less than fifty (50) feet in depth
shall be provided upon that portion of a lot abutting or across a
rear street from an R District, except that such yard requirements
shall not apply where the property in the R District also backs up
to the rear street. No storage or similar use shall be allowed in
required rear yards in District I within twenty-five (25) feet of
the rear property line.
(B)
Size of lot.
Same as District B.
(C)
Lot coverage.
Same as District B.
Subsection 11-4.
Parking and loading regulations.
Off-street parking and loading spaces shall be provided in accordance
with the requirements for specific uses set forth in Section 12.
(Ordinance 19-03, sec. 3, adopted 2/25/19)
Subsection 12-1.
Parking requirements based on
use.
In all districts there shall be provided at the time any building
or structure is erected or structurally altered (except as provided
in subsection 12-2), off-street parking spaces in accordance with
the following requirements:
(a)
Bowling alley: Two (2) parking spaces for each
alley.
(b)
Business or professional office, studio, bank,
medical, dental clinic: Three (3) parking spaces plus one (1) additional
parking space for each four hundred (400) square feet of floor area
over one thousand (1,000).
(c)
Church or other places of worship: One (1) parking
space for each eight (8) seats in the main auditorium.
(d)
Community center, library, museum or art gallery:
Five (5) parking spaces plus one (1) additional space for each six
hundred (600) square feet of floor area in excess of two thousand
(2,000) square feet. If an auditorium is included as a part of the
building, its floor area shall be deducted from the total and additional
parking provided on the basis of one (1) space for each four (4) seats
that it contains.
(e)
Dance hall, assembly or exhibition hall without
fixed seats: One (1) parking space for each two hundred (200) square
feet of floor area used therefor.
(f)
Dwellings, including single, two-family and multifamily:
Two (2) parking spaces for each family housed in each living unit.
(g)
Fraternity, sorority or dormitory: One (1) parking
space for each bed.
(h)
Furniture or appliance store, hardware store, wholesale
establishments, machinery or equipment sales and service, clothing
or shoe repair or service shop: Two (2) parking spaces plus one (1)
additional parking space for each six hundred (600) square feet of
floor area over one thousand (1,000).
(i)
Hospital: Four (4) parking spaces plus one (1)
additional parking space for each eight (8) beds.
(j)
Hotel: One (1) parking space for each sleeping
room or suites plus one (1) space for each four hundred (400) square
feet of commercial floor area contained therein.
(k)
Manufacturing or industrial establishment, research
or testing laboratory, creamery, bottling plant, warehouse, printing
or plumbing shop or similar establishment: One (1) parking space for
each four (4) employees on the maximum working shift plus space to
accommodate all trucks and other vehicles used in connection therewith,
but not less than one (1) parking space for each twelve hundred (1200)
square feet of floor area.
(l)
Mortuary or funeral home: One (1) parking space
for each fifty (50) square feet of floor space in slumber rooms, parlors
or individual funeral service rooms.
(m)
Motor vehicle sales rooms and used car lots: One
(1) parking space for each eight hundred (800) square feet of sales
floor or lot area.
(n)
Private club, lodge, country club or golf club:
One (1) parking space for each three hundred (300) square feet of
floor area or for every ten (10) members, whichever is greater.
(o)
Retail store or personal service establishment,
except as otherwise specified herein: One (1) parking space for each
four hundred (400) square feet of floor area.
(p)
Restaurant, night club, cafe or similar recreation
or amusement establishment: One (1) parking space for each two hundred
(200) square feet of floor area.
(q)
Rooming or boarding house: One (1) parking space
for each two (2) sleeping rooms.
(r)
Sanitarium, convalescent home, home for the aged
or similar institution: One (1) parking space for each six (6) beds.
(s)
School, elementary: One (1) parking space for each
twenty (20) seats in the auditorium or main assembly room, or one
(1) space for every two (2) classrooms, whichever is greater.
(t)
School, secondary, and college: One (1) parking
space for each sixteen (16) seats in the main auditorium or two (2)
spaces for each classroom, whichever is greater.
(u)
Theater, auditorium (except school), sports arena,
stadium, or gymnasium: One (1) parking space for each four (4) seats
or bench seating spaces.
(v)
Tourist home, cabin or motel: One (1) parking space
for each sleeping room or suite.
Subsection 12-2.
Rules for computing number of
parking spaces.
In computing the number of parking spaces
required for each of the above uses the following rules shall govern:
(a)
“Floor area” shall mean the gross floor
area of the specific use.
(b)
Where fractional spaces result, the parking spaces
required shall be construed to be the nearest whole number.
(c)
The parking space requirement for a use not specifically
mentioned herein shall be the same as required for a use of similar
nature.
(d)
Whenever a building or use constructed or established
after the effective date of this ordinance is changed or enlarged
in floor area, number of employees, number of dwelling units, seating
capacity or otherwise, to create a need for an increase of ten per
cent (10%) or more in the number of existing parking spaces, such
spaces shall be provided on the basis of the enlargement or change.
Whenever a building or use existing prior to the effective date of
this ordinance is enlarged to the extent of fifty per cent (50%) or
more in floor area or in the area used, said building or use shall
then and thereafter comply with the parking requirements set forth
herein.
(e)
In the case of mixed uses, the parking spaces required
shall equal the sum of the requirements of the various uses computed
separately.
Subsection 12-3.
Location of parking spaces.
All parking spaces required herein shall be located on the same
lot with the building or use served, except as follows:
(a)
Where an increase in the number of spaces is required
by a change or enlargement of use or where such spaces are provided
collectively or used jointly by two (2) or more buildings or establishments,
the required spaces may be located not to exceed three hundred (300)
feet from an institutional building served and not to exceed five
hundred (500) feet from any other nonresidential building served.
(b)
Not more than fifty per cent (50%) of the parking
spaces required for (1) theaters, bowling alleys, dance halls, night
clubs or cafes, and not more than eighty per cent of the parking spaces
required for a church or school auditorium may be provided and used
by (2) banks, offices, retail stores, repair shops, service establishments
and similar uses not normally open, used or operated during the same
hours as those listed in (1); provided, however, that written agreement
thereto is properly executed and filed as specified below. In any
case where the required parking spaces are not located on the same
lot with the building or use served, or where such spaces are collectively
or jointly provided and used, a written agreement thereby assuring
their retention for such purposes, shall be properly drawn and executed
by the parties concerned, approved as to form by the city attorney
and shall be filed with the application for a building permit.
Subsection 12-4.
Minimum dimensions for off-street
parking.
(a)
Ninety (90) degree angle parking.
Each parking space shall be not less than nine (9) feet wide nor
less than twenty (20) feet in length. Maneuvering space shall be in
addition to parking space and shall be not less than twenty-four (24)
feet perpendicular to the building or parking line.
(b)
Sixty (60) degree angle parking.
Each parking space shall be not less than nine (9) feet wide perpendicular
to the parking angle nor less than seventeen (17) feet in length when
measured at right angles to the building or parking line. Maneuvering
space shall be in addition to parking space and shall be not less
than twenty (20) feet perpendicular to the building or parking line.
(c)
Forty-five (45) degree angle parking.
Each parking space shall be not less than nine (9) feet wide perpendicular
to the parking angle nor less than sixteen (16) feet in length when
measured at right angles to the building or parking line. Maneuvering
space shall be in addition to parking space and shall be not less
than eighteen (18) feet perpendicular to the building or parking line.
(d)
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.
(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 ordinance,
said off-street parking facilities shall comply with the minimum requirements
for parking and maneuvering space herein specified.
Subsection 12-5.
Off-street loading space.
Every building or part thereof erected or occupied for retail
business, service, manufacturing, storage, warehousing, hotel, mortuary
or any other use similarly involving the receipt or distribution by
vehicles or materials or merchandise, shall provide and maintain on
the same premises loading space in accordance with the following requirements:
(a)
In District B, one (1) loading space for each ten
thousand (10,000) square feet or fraction thereof, of floor area in
the building.
(b)
In District I, one (1) loading space for the first
five thousand (5,000) to fifteen thousand (15,000) square feet, or
fraction thereof, of floor area in excess of fifteen thousand (15,000)
square feet.
(c)
Each required loading space shall have a minimum
size of ten (10) feet by twenty-five (25) feet.
(Ordinance 09-10 adopted 10/12/09)
Subsection 13-1.
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, flag poles, electric display signs and necessary
mechanical appurtenances.
(b)
Public or semi-public service building[s], hospitals,
institutions or schools, where permitted, may be erected to a height
not exceeding sixty (60) feet and churches and other places of worship
may be erected to a height not exceeding seventy-five (75) feet when
each of the required yards are each increased by one foot for each
foot of additional building height above the height regulation for
the district in which the building is located.
(c)
No structure may be erected to a height in excess
of that permitted by the regulations of such airfield zoning ordinance
as may exist at the time and whose regulations apply to the area in
which the structure is being erected.
Subsection 13-2.
Front yards.
(a)
Where twenty-five per cent (25%) or more of the
frontage upon the same side of a street between two (2) intersecting
streets is occupied or partially occupied by a building or buildings
with front yards of less depth than required by this ordinance, or
where the configuration of the ground is such that conformity with
the front yard provisions of this ordinance would work a hardship,
the board of adjustment may permit modifications of the front yard
requirements.
(b)
In District R, where twenty-five per cent (25%)
or more of the frontage upon the same side of a street between intersecting
streets is occupied or partially occupied by a building or buildings
having front yards of greater depth than is required by this ordinance,
no other lot upon the same side of such street between such intersecting
streets shall be occupied by a building with a front yard of less
than the least depth of any such existing front yards, unless by permission
of the board of adjustment.
(c)
In a residential district no fence, structure,
or shrubbery 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.
(d)
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. An unenclosed canopy for a gasoline filling station 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 building and shall not be
interpreted as being the curb of a walk or driveway or as the front
of a canopy or the columns supporting same.
(e)
Where an official line has been established for
future widening or opening of a street upon which a lot abuts, then
the width of a front or side yard shall be measured from such official
line to the nearest line of the building.
Subsection 13-3.
Side yards.
(a)
On a corner lot the width of the yard along the
side streets shall not be less than any required front yard on the
same side of such street between intersecting streets, provided, however,
that the buildable width of a lot of record shall not be reduced to
less than thirty (30) feet.
(b)
No accessory building shall project beyond a required
yard line along any street.
(c)
For the purpose of side yard regulations, a two-family
dwelling or multi-family dwelling shall be considered as one building
occupying one lot.
(d)
Where a lot of record at the time of the effective
date of this ordinance [December 20, 1971] is less than fifty (50)
feet in width the required side yard may be reduced to provide a minimum
buildable width of thirty (30) feet, provided, however, that no side
yard shall be less than five (5) feet.
(e)
The area required in a yard shall be open to the
sky, unobstructed except for the ordinary projections of window sills,
belt courses, cornices or other ornamental features.
(f)
A roof overhang, an open fire escape or an outside
stairway may project not more than three (3) feet into a required
side yard, but no closer than three (3) feet to a property line.
Subsection 13-4.
Rear yards.
An
accessory building not exceeding twenty (20) feet in height may occupy
not to exceed twenty-five per cent (25%) and unenclosed parking spaces
may occupy not to exceed eighty per cent (80%) of the area of a required
rear yard but no accessory building shall be closer than twenty (20)
feet to the main building nor closer than five (5) feet to any rear
or side lot lines.
(Ordinance 09-10 adopted 10/12/09)
The lawful use of land existing upon the effective date of this
ordinance [December 20, 1971], although such use does not conform
to the provisions hereof, may be continued, subject to the provisions
hereof.
The lawful use of a building existing upon the effective date
of this ordinance [December 20, 1971] may be continued, although such
use does not conform to the provisions hereof. Such use may be extended
throughout such portions of the building as are arranged or designed
for such use, provided no structural alterations, except those required
by law or ordinance, are made therein. If no structural alterations
are made, a nonconforming use of a building may be changed to another
nonconforming use of the same or more restricted classification. If
such nonconforming building is voluntarily removed, the future use
of such premises shall be in conformity with the provisions of this
ordinance.
In the event a nonconforming use of any building or premises
is discontinued for a period of one year, the use of the same shall
thereafter conform to the provisions of the district in which it is
located.
A nonconforming use if changed to a conforming use or a more
restricted nonconforming use, may not thereafter be changed back to
a less restricted use than that to which it was changed.
If by amendment to this ordinance any property is hereafter
transferred to a more restricted district by a change in the district
boundaries, or the regulations and restrictions in any district are
made more restrictive or of a higher classification, the provisions
of this ordinance relating to the nonconforming use of buildings or
premises existing upon the effective date of this ordinance shall
apply to buildings or premises occupied or used upon the effective
date of such amendment. Repairs and alterations may be made to a nonconforming
building, provided that no structural alterations or extensions shall
be made except those required by law or ordinance, unless the building
is changed to a conforming use.
A nonconforming use shall not be extended or rebuilt in case
of obsolescence or total destruction by fire or other cause. In the
case of partial destruction by fire or other causes not exceeding
fifty per cent (50%) of its value, the building inspector shall issue
a permit for reconstruction. If destruction is greater than fifty
per cent (50%) of its value, the board of adjustment grant a permit
for repair or replacement after public hearing and having due regard
for the property rights of the persons affected when considered in
the light of public welfare and the character of the areas surrounding
the designated nonconforming use and the purposes of this ordinance.
(Ordinance 09-10 adopted 10/12/09)
