PART II DISTRICT REGULATIONS

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. No parking shall be allowed within the required front yard.

Side Yard.

There shall be a side yard on each side of the lot having a width 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.

Rear Yard.

There shall be a rear yard having a depth of not less than twenty-five (25) feet.

Size of Lot:

Lot Area:

No building shall be constructed on any lot of less than six thousand (6,000) square feet.

Lot Width:

The width of the lot shall be not less than fifty (50) feet at the front street building line, nor shall its average width be less than fifty (50) feet.

Lot Depth:

The average depth of the lot shall not be less than one hundred twenty (120) feet, except that a corner lot, having a minimum width of not less than eighty (80) feet, may have an average depth of less than one hundred twenty (120) feet provided that the minimum depth is no less than ninety (90) feet.

(d)

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.

Lot Coverage:

In no case shall more than forty (40) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings.

6.04

PARKING REGULATIONS.

Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 15.

6.05

MINIMUM AREA PER DWELLING UNIT.

Zoning District	Lot Size	Minimum Sq. Ft. of Living Area	Maximum Building(s) Footprint
SF	Lots with 6,000 sq. ft. or more	1,000 sq. ft.	40% lot coverage
SF	Lots with less than 6,000 sq. ft.	750 sq. ft.	40% lot coverage

(Ordinance 2014-10-07A adopted 10/7/14; Ordinance 2015-05-21A, sec. 1, adopted 5/21/15; Ordinance 2016-08-18A adopted 8/18/16)

§ 7 DISTRICT “MF”.

MULTI-FAMILY RESIDENTIAL DISTRICT.

7.01

RESERVED.

Editor’s note–Section 7.01, “Use Regulations,” which derived from Ordinance 2014-10-07A adopted 10/7/14, was repealed by Ordinance 2015-05-21A adopted 5/21/15. District use regulations are now in part IV.

7.02

HEIGHT REGULATIONS.

No building shall exceed forty-five (45) feet or three (3) stories in height, except that a building may be erected to a height of eighty (80) feet and eight (8) stories if set back from all required yard lines a distance of one (1) foot for each two (2) feet of additional height above forty-five (45) feet.

7.03

AREA REGULATIONS.

Size Of Yards:

Front Yard:

Same as District “SF”.

Side Yard:

Rear Yard:

Same as District “SF”.

Size Of Lot.

Lot Area:

No building shall be constructed on any lot of less than five thousand (5,000) square feet. No building containing two (2) or more dwelling units shall be constructed on any lot of less than six thousand (6,000) square feet. No lot shall contain less than fifteen hundred (1,500) square feet per dwelling unit, providing, however, that this regulation shall not apply to hotels, apartment hotels, or motels where no cooking is done in any individual room.

Lot Width:

The width of the lot shall not be less than fifty (50) feet at the front street building line, nor shall its average width be less than fifty (50) feet.

https://www.tdhca.state.tx.us/mh/docs/rules.pdf

Lot Depth:

The average depth of the lot shall not be less than one hundred (100) feet, except that a corner lot, 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 (80) feet.

(d)

Where a lot having less area, width and/or depth than that 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, or a two-family or three-family dwelling on a lot containing not less than five thousand (5,000) square feet.

Lot Coverage.

In no case shall more than forty (40) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings.

7.04

PARKING REGULATIONS.

Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 14 [15].

7.05

MINIMUM AREA PER DWELLING UNIT.

Zoning District	Lot Size	Minimum Sq. Ft. of Living Area	Maximum Building(s) Footprint
MF	Lots with 6,000 sq. ft. or more	600 sq. ft. per dwelling unit (each additional bedroom must be a minimum of 100 additional sq. ft.)	40% lot coverage
MF	Lots with less than 6,000 sq. ft.	500 sq. ft. per dwelling unit (each additional bedroom must be a minimum of 100 additional sq. ft.)	40% lot coverage

(Ordinance 2014-10-07A adopted 10/7/14; Ordinance 2015-05-21A, sec. 1, adopted 5/21/15; Ordinance 2016-08-18A adopted 8/18/16)

§ 8 DISTRICT “MH”.

MOBILE HOME DISTRICT

8.01

RESERVED.

Editor’s note–Section 8.01, “Use Regulations,” which derived from Ordinance 2014-10-07A adopted 10/7/14, was repealed by Ordinance 2015-05-21A adopted 5/21/15. District use regulations are now in part IV.

8.02

LOCATION OF MANUFACTURED HOMES & MANUFACTURED HOME PARKS.

It shall be unlawful for any person to locate or maintain any manufactured home (formerly called mobile home) in any place in the City other than in a lawfully designated and duly licensed manufactured home park or subdivision, except that manufactured homes may be in an acceptable manufactured home sales location, as a temporary office or other similar temporary use, and except that one small so-called “camper trailer” intended for private recreational use may be kept as an unoccupied accessory use to a dwelling unit. A manufactured home kept under an exception shall not be used for living or sleeping purposes.

Manufactured Home Parks or Subdivision Districts will be granted only as an amendment to the Zoning Ordinance. The granting of each Manufactured Home Park or Subdivision District will be judged on the merits of each individual request for an amendment.

The location of Manufactured Home Parks shall be in general conformance with the Comprehensive Plan of the City, shall be located adjacent to a thoroughfare or a commercial area which is adjacent to a thoroughfare, and should generally not be surrounded by single-family residential areas.

8.03

MANUFACTURED HOMES TIE-DOWN REGULATIONS.

Effective November 25, 2012 and December 25, 2012: All manufactured homes installations must be installed in compliance with the Administrative Rules of the Texas Department of Housing and Community Affairs 10 Texas Administrative Code, Chapter 80; Subchapter B: Installation Standards and Device Approvals; Sections: 80.20; 80.21; 80.22; 80.23; 80.24; 80.25; 80.26 (Not included herewithin)

Overton lies in the 70 mph windstorm belt of the United States. For this reason the installation of any Manufactured Home must comply with the most current regulations of the Manufactured Housing Rules as outlined by the Texas Department of Housing and Community Affairs Administrative Code, Chapter 80.

8.04

PARKING REGULATIONS.

Off-street parking spaces shall be provided in accordance with requirements for parking as set forth in Section 15.

8.05

DEFINITIONS.

As used in this Article, the following terms shall have the respective meaning ascribed to them:

“Manufactured Housing” or “Manufactured Home” means a mobile home or a modular home or both.

“Single Section Mobile Home” means a structure, transportable in one or more sections, which is twelve (12) body feet or more in width and fifty-two (52) body feet or more in length, and which is built on a permanent chassis and is designed to be used as a dwelling with a permanent foundation when connected to the required utilities and includes plumbing, heating, air conditioning, and electrical systems contained therein. For purposes in these regulations, the term includes only those structures manufactured after June 15, 1976, and bearing a mobile home label of the U.S. Department of Housing and Urban Development. The unit shall be:

Placed on a permanent foundation as defined in The Southern Building Code, Section 1302 - Footings and Foundations.

Underpinned/skirted:

Completely around the structure from the base of the mobile home to the ground level beneath;

Of material with similar appearance to the mobile home (or) masonry material;

Weather-resistant material and material specifically designed by the mobile home manufacturers for skirting (not to be construed to mean sheetmetal or scrap metal or polyurethane scrap material);

“Multi-Section Mobile Home” means a structure transportable in two or more sections, which when placed on a site is a minimum or [of] twenty-four (24) feet in width and a minimum of forty (40) feet in length and which is built on a permanent chassis and is designed to be used as a dwelling with a permanent foundation when connected to the required utilities and includes plumbing, heating, air conditioning and electrical systems contained therein. For purposes in these regulations, the term includes only those structures manufactured after June 15, 1976, and bearing a mobile home label of the U.S. Department of Housing and Urban Development. The unit shall be:

placed on a permanent foundation as defined in The Standard Building Code: published by The Southern Building Code, 1973 Edition, with 1976 amendments - Section 1302 - Footings and Foundations.

underpinned/skirted:

completely around the structure from the base of mobile home to the ground level beneath;

of material with similar appearance to the mobile home (or) of masonry material:

weather-resistant material and material specifically designed by the mobile home manufacturers for skirting (not to be construed to mean sheetmetal or scrap metal or polyurethane scrap material);

skirted in such a way as not to allow access to the underside of the mobile home for storage and/or trash accumulation but access only for repair to the mobile home.

“Modular Home” means a structure or building module that is manufactured at a location other than the location where it is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and is designed to be used as a permanent dwelling when installed and placed upon a permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems contained in the structure. The term does not include a mobile home as defined in this ordinance, nor does it include building modules incorporating concrete or masonry as the primary structural component. For purposes in these regulations, the term includes only those structures manufactured after May 1, 1980, and bearing a modular decal of the Manufactured Housing Division, Texas Department of Labor and Standards.

“Modular Home” (not bearing a modular decal of the Manufactured Housing Division, Texas Department of Labor and Standards) means a dwelling that is manufactured at a location other than the location where it is installed and used as a residence by a consumer, transportable in one or more sections designed to be used as a permanent dwelling when installed and placed upon a permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems contained therein. The term does not include a mobile home as defined in this ordinance, nor does it include building modules incorporating concrete or masonry as the primary structural component.

Any home built outside of the City of Overton to be moved into the City shall be built according to the following building codes: Building Code, Electrical Code, Plumbing Code and Heating and Air Conditioning Code. The builder and/or mover shall comply with the House Moving Code when such home is brought into the City of Overton.

Must bear Certificate of Compliance by a registered architect or engineer

(or)

be inspected by the City of Overton Inspection Department with an additional charge of $1.00 per mile traveled to the site of the inspection.

A building permit must be issued before a Modular, Manufactured or Mobile Home is brought to the site, the same as for a site-built home, at the fee schedule.

8.06

PHYSICAL REQUIREMENTS

Front Yard.

There shall be a front yard having a minimum depth of twenty-five (25) feet, except as hereinafter provided in the Section on Exceptions and Variations.

Where lots have a double frontage, running through from one street to another, the required front yard shall be provided on both streets.

Side Yard.

There shall be a side yard an each side of the lot, having a width of not less than ten (10) feet, except that the side yard of a corner lot adjacent to a side street shall not be less than ten (10) feet. The side yard of corner lots having adjoining structures fronting on two streets shall have a thirty (30) foot side yard.

Rear Yard.

There shall be a rear yard having a depth of not less than twenty-five (25) feet of the depth of the lot.

Area of the Lot.

The minimum area of the lot shall be five thousand (5000) feet; however, a lot having an areas of less than five thousand (5000) square feet that was of record prior to the passage of this ordinance may be used for any use permitted in this Article.

Width of Lots.

The minimum width of the lot shall be fifty (50) feet.

Minimum Depth of Lot.

The minimum depth of the lot shall be ninety (90) feet. Lots backing up to major thoroughfares shall have a minimum depth of one hundred twenty (120) feet.

8.07

RESERVED.

Editor’s note–Section 8.07, “Notification Requirements,” which derived from Ordinance 31594 adopted 3/15/93, was repealed by Ordinance 2015-05-21A adopted 5/21/15.

8.08

PENALTIES.

Any person violating any of the provisions of this Article shall be deemed guilty of a misdemeanor for each day of instance of noncompliance; and, upon conviction, shall be subject to a fine of no more than two hundred dollars ($200.00) per instance.

8.09

[SEVERABILITY.]

That is [if] any section, part or provision of this Ordinance is declared unconstitutional or invalid, then and in that event, it is expressly provided and it is the intention of the City Commission in passing this Ordinance, that all other parts of this Ordinance shall not be affected thereby and shall remain in full force and effect.

8.10

[EFFECTIVE DATE.]

This ordinance shall become and be in full force and effect from and after its passage and approval.

Editor’s note–Subsections 8.05–8.10 were added by Ordinance 31594 adopted 3/15/93, which was attached to the reenactment of the zoning ordinance adopted by Ordinance 2014-10-07A.

(Ordinance 2014-10-07A adopted 10/7/14; Ordinance 2015-05-21A, secs. 1003, adopted 5/21/15)

§ 9 DISTRICT “PD”.

PLANNED DEVELOPMENT DISTRICT

Purpose: It is the intended purpose of this zoning district to provide for the unified and coordinated development of parcels or tracts of primarily vacant land designated as “PD” on the Official Zoning District Map. Certain freedom of choice as to intended land use shall be permitted, provided that the special requirements which may apply are complied with and that the intended uses are not in conflict with the general purpose and intent of this Ordinance.

9.01

RESERVED.

Editor’s note–Section 9.01, “Use Regulations,” which derived from Ordinance 2014-10-07A adopted 10/7/14, was repealed by Ordinance 2015-05-21A adopted 5/21/15. District use regulations are now in part IV.

9.02

HEIGHT, LOT, AND YARD REQUIREMENTS.

The height, lot, and yard requirements shall be as follows:

For Residential Use.

Areas designated for single-family use shall comply with all of the requirements of Subsection 6.02; 6.03; Height, Lot, and Yard Requirements.

Areas designated for multiple-family use shall comply with all of the requirements of Subsection 7.02; 7.03; Height, Lot, and Yard Requirements.

For Nonresidential Uses.

There shall be no height, lot, or yard requirements for nonresidential uses within this zoning district where located in the area designated for commercial use, except in Subsection 8.04 [9.04].

9.03

PARKING REGULATIONS.

Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 17.1 [15.01].

9.04

SPECIAL CONDITIONS.

The following special conditions shall apply to uses located in this zoning district:

Land within the “PD” District may be developed for single-family purposes, including customary accessory uses, without the requirements of Section 20.03, Approval of Planned Development Plans, having been fulfilled. Normal subdivision approval, as required by the City Planning Commission, is still necessary.

A minimum land area of ten (10) acres shall be required before development of uses other than those permitted by Subsection 9.04(1) will be approved by the Building Inspector.

A “Plan” as described in Subsection 20.03, Approval of Planned Development Plans, shall be submitted for approval to the Building Inspector in the following instances:

When an area to be developed as a related project involves other than single ownership or control; and/or

When the contemplated development involves uses other than those permitted by Subsection 9.04(1).

Property to be developed for nonresidential purposes, other than public and semi-public uses, shall be located upon a major thoroughfare, except if it abuts property which is zoned for commercial purposes and has major street frontage. A plan for the development of the property, showing adequate access to and from the major street, shall be submitted to the Building Inspector.

Property to be developed for multiple-family residential purposes shall be located upon a major thoroughfare, contiguous to an area zoned for commercial purposes and having major street frontage, or contiguous to an area to be developed to commercial activities.

Commercial areas separated by an area of a different type use shall not be closer than three hundred (300) feet when on the same side of the major street they front. This shall not preclude the development of two areas, under single ownership and both within a “PD” District, separated by a street, alley, or easement.

An area proposed for commercial use shall not extend into the interior of any “Plan” a distance greater than the major street frontage to be devoted to such commercial use. Prior to the issuance of a certificate of occupancy, a screening device, as defined in Section 2(74) of this Ordinance, shall be built along that boundary of the area proposed for commercial use which abuts property developed, zoned, or designated for any type of residential use and which is under different ownership. However, where land proposed on a “Plan” for commercial use extends more than three hundred (300) feet back from the major street, measured at right angles to the right-of-way line, and abuts property developed or zoned for any type of residential use under different ownership, or if such land abuts other land in a “PD” District under different ownership, then the proposed commercial use so located may be approved only under the following conditions:

That an area of at least one hundred fifty (150) feet in width be provided in which no structure, other than the screening device required above and necessary light devices, shall be permitted. This area shall be measured between the boundary of the abutting property described in the preceding paragraph and any intended structure and shall extend the entire depth of the commercial use area which is in excess of the three hundred (300) feet of depth allowed in the preceding paragraph. A paved parking area may be provided within this 150-foot area; however, lighting standards or fixtures shall be regulated as prescribed in Subsection 9.04(8).

Lighting devices in conjunction with commercial uses or parking lots shall not be operated so as to produce direct or reflected light or glare across abutting property lines.

Loudspeakers and similar devices in conjunction with commercial uses or parking lots shall not be operated so as to direct sound across abutting property lines.

10.

No portion of any multi-family dwelling structure or permitted accessory use structure shall be further than three hundred (300) feet from an accessible dedicated and accepted public street.

(Ordinance 2014-10-07A adopted 10/7/14; Ordinance 2015-05-21A, sec. 1, adopted 5/21/15)

§ 10 DISTRICT “LC”.

LOCAL BUSINESS DISTRICT.

10.01

RESERVED.

Editor’s note–Section 10.01, “Use Regulations,” which derived from Ordinance 2014-10-07A adopted 10/7/14, was repealed by Ordinance 2015-05-21A adopted 5/21/15. District use regulations are now in part IV.

10.02

HEIGHT REGULATIONS.

Same as District “MF”.

10.03

AREA REGULATIONS.

Size of Yards.

Front Yards:

Residential:

Same as District “SF”.

Other Uses:

There shall be a front yard having a minimum depth of twenty-five (25) feet. No parking, storage or similar use shall be allowed in required front yards in District “LC”, except that automobile parking will be permitted in such yards if separated by at least one hundred (100) feet from a Residential District.

Side Yard.

Residential:

There shall be a side yard on each side of the lot having a width of not less than ten (10) feet. A side yard adjacent to a side street shall not be less than fifteen (15) feet.

Other Use:

A side yard of not less than fifteen (15) feet in width shall be provided on the side of a lot adjoining a side street. A side yard of not less than ten (10) feet in width shall be provided on the side of a lot adjoining a Residential District. Otherwise, no side yard is required. No parking, storage, or similar use shall be allowed in any required side yard or in any required side street yard adjoining a Residential District.

Rear Yard.

Residential:

Same as District “SF”.

Other Use:

Size of Lot.

Residential:

Same as District “MF”.

Other Use:

No limitations.

10.04

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 15.

(Ordinance 2014-10-07A adopted 10/7/14; Ordinance 2015-05-21A, sec. 1, adopted 5/21/15)

§ 11 DISTRICT “GB”.

GENERAL BUSINESS DISTRICT.

11.01

RESERVED.

Editor’s note–Section 11.01, “Use Regulations,” which derived from Ordinance 2014-10-07A adopted 10/7/14, was repealed by Ordinance 2015-05-21A adopted 5/21/15. District use regulations are now in part IV.

11.02

HEIGHT REGULATIONS.

Residential:

Same as District “MF”.

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 a Residential 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 “GB” at the rate of two (2) feet of additional height for each one (1) foot of additional setback from required yard lines.

11.03

AREA REGULATION.

Size Of Yards.

Front Yard:

Residential:

Same as District “SF”.

Other Use:

Where all the frontage on both sides of the street between two intersecting streets is located in District “GB”, no front yard is required. Where the frontage on one side of the street between two intersecting streets is located partly in District “GB” and partly in a Residential District, the front yard shall conform to the Residential 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 Residential District backs up to the street. No parking, storage or similar use shall be allowed in required front yards in District “GB”.

Side Yards.

Residential.

Same as District “MF”.

Other Use.

No side yard is required except that a side yard of not less than ten (10) feet in width or a side street yard of not less than fifteen (15) feet in width shall be provided on the side of the lot adjoining or across a side street from a Residential District. No parking, storage or similar use shall be allowed in required side yards or side street yards in District “GB”.

Rear Yards.

Residential:

Same as District “SF”.

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 a Residential District, except that such yard requirement shall not apply where the property in the Residential District also backs up to the rear street.

Size of Lot.

Residential:

Same as District “MF”.

Other Use:

No limitations.

Lot Coverage.

Residential:

Same as District “MF”.

Other Use:

No limitations.

11.04

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 15.

(Ordinance 2014-10-07A adopted 10/7/14; Ordinance 2015-05-21A, sec. 1, adopted 5/21/15)

§ 12 DISTRICT “LI”.

LIGHT INDUSTRIAL DISTRICT.

12.01

RESERVED.

Editor’s note–Section 12.01, “Use Regulations,” which derived from Ordinance 2014-10-07A adopted 10/7/14, was repealed by Ordinance 2015-05-21A adopted 5/21/15. District use regulations are now in part IV.

12.02

HEIGHT REGULATIONS.

No building shall exceed in height the width of the street on which it faces plus the depth of the front yard.

12.03

AREA REGULATIONS.

Size Of Yards.

Front Yards:

Where none of the frontage on either side of the street between two intersecting streets is located in a Residential District, no front yard is required. Where the frontage on one side of the street between two intersecting streets is located partly in District “LC” and partly in a Residential District, the front yard shall conform to the Residential 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 parking, storage or similar use shall be allowed in required front yards in District “LI”.

Side Yards:

No side yard is required except that 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 a Residential District. No parking, storage or similar use shall be allowed in required side yards or side street yards in District “LI”.

Rear Yards:

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 a residential district, except that such yard requirement shall not apply where the property in the residential district also backs up to the rear street. No parking, storage or similar use shall be allowed in required rear yards in District “LI” within twenty-five (25) feet of the rear property line.

Size Of Lot:

No minimum lot size is required in the “LI” District.

Lot Coverage:

No minimum coverage is required in the “LI” District.

12.04

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 15.

(Ordinance 2014-10-07A adopted 10/7/14; Ordinance 2015-05-21A, sec. 1, adopted 5/21/15)

§ 13 DISTRICT “HI”.

HEAVY INDUSTRIAL DISTRICT.

13.01

RESERVED.

Editor’s note–Section 13.01, “Use Regulations,” which derived from Ordinance 2014-10-07A adopted 10/7/14, was repealed by Ordinance 2015-05-21A adopted 5/21/15. District use regulations are now in part IV.

13.02

HEIGHT REGULATIONS.

Same as District “LI”.

13.03

AREA REGULATIONS.

Size Of Yards.

Front Yards:

Where none of the frontage on either side of the street between two intersecting streets is located in a Residential or Commercial District, no front yard is required. Where the frontage on one side of the street between two intersecting streets is located partly in District “HI” and partly in a Residential District, the front yard shall conform to the Residential District regulations for a distance of not less than three hundred (300) feet from the district boundary. Where the frontage on one side of a street is in a Residential District or Commercial District, the front yard requirements of the property directly opposite on the other side of the street shall be not less than fifty (50) feet. No parking, storage or similar use shall be allowed in required front yards in District “HI” within twenty-five (25) feet of the street line.

Side Yards:

No side yard is required except that a side yard or a side street yard of not less than fifty (50) feet in width shall be provided on the side of the lot adjoining or across the street from a Residential or Commercial District. No parking, storage or similar use shall be allowed in required side yards in District “HI” within twenty-five (25) feet of the property line.

§ 15 OFF-STREET PARKING AND LOADING REQUIREMENTS.

Rear Yards:

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 a Residential or Commercial District. No parking, storage or similar use shall be allowed in required rear yards in District “HI” within twenty-five (25) feet of the rear property line.

Size Of Lot:

No minimum lot area required in the “HI” District.

Lot Coverage:

No minimum coverage is required in the “HI” District.

13.04

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 15.

(Ordinance 2014-10-07A adopted 10/7/14; Ordinance 2015-05-21A, sec. 1, adopted 5/21/15)

§ 14 DISTRICT “AO”.

AGRICULTURAL OPEN SPACE DISTRICT.

14.01

RESERVED.

Editor’s note–Section 14.01, “Use Regulations,” which derived from Ordinance 2014-10-07A adopted 10/7/14, was repealed by Ordinance 2015-05-21A adopted 5/21/15. District use regulations are now in part IV.

14.02

HEIGHT REGULATIONS.

Same as “SF” District.

14.03

AREA REGULATIONS.

Minimum area determinations shall be the prerogative of the Planning and Zoning Commission: however, guidance in determining minimum area shall be based upon guidelines set down in Section 18, Nonconforming Uses, and Section 17, Special Use Permits, as otherwise applicable in each separate situation.

14.04

PARKING REGULATIONS.

Off-street parking shall be provided in accordance with requirements set forth in Section 15.

(Ordinance 2014-10-07A adopted 10/7/14; Ordinance 2015-05-21A, sec. 1, adopted 5/21/15)

15.01

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 15.02), off-street parking spaces in accordance with the following requirements.

Bowling alley:

Five (5) parking spaces for each alley.

Business or professional office, studio, bank, medical or dental clinic:

Three (3) parking spaces plus one (1) additional parking space for each two hundred (200) square feet of floor area over five hundred (500).

Church or other place of worship:

One (1) parking space for each four (4) seats in the main auditorium.

Community center, library, museum, or art gallery:

Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one (1) space for each four (4) seats that it contains.

Dance hall, assembly or exhibition hall without fixed seats:

One (1) parking space for each one hundred (100) square feet of floor area used thereof.

Dwellings, including single, two-family and multi-family:

One (1) parking space for each dwelling unit.

Fraternity, sorority, or dormitory:

One (1) parking space for each two (2) beds.

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 three hundred (300) square feet of floor area over one thousand (1,000).

Hospital:

Four (4) parking spaces plus one (1) additional parking space for each two (2) beds.

10.

Hotel:

One (1) parking space for each sleeping room or suite plus (1) space for each one hundred (100) square feet of commercial floor area contained therein.

11.

Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse, printing or plumbing shop, or similar establishment:

One (1) parking space for each employee on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one (1) parking space for each six hundred (600) square feet of floor area.

12.

Mortuary or funeral home:

One (1) parking space for each Thirty (30) square feet of floor space in slumber rooms, parlors or individual funeral service rooms.

13.

Mobile Home Park:

Two (2) spaces for each mobile home plus additional space as provided herein for accessory uses.

14.

Motor vehicle salesrooms and used car lots:

One (1) parking space for each eight hundred (800) square feet of sales floor or lot area.

15.

Private club, lodge, country club or golf club:

One (1) parking space for each one hundred fifty (150) square feet of floor area or for every five (5) members, whichever is greater.

16.

Retail store or personal service establishment, except as otherwise specified herein:

One (1) parking space for each two hundred (200) square feet of floor area.

17.

Restaurant, nightclub, cafe or similar recreation or amusement establishment:

One (1) parking space for each one hundred (100) square feet of floor area.

18.

Rooming or boarding house:

One (1) parking space for each sleeping room.

19.

Sanitarium, convalescent home, home for the aged or similar institution:

One (1) parking space for each three (3) beds.

20.

School, elementary:

One (1) parking space for each ten (10) seats in the auditorium or main assembly room, or one (1) space for each classroom, whichever is greater.

21.

School, secondary, and college:

One (1) parking space for each four (4) seats in the main auditorium or ten (10) spaces for each classroom, whichever is greater.

22.

Theater, auditorium (except school), sports arena, stadium, or gymnasium:

One (1) parking space for each four (4) seats or bench seating spaces.

23.

Tourist home, cabin or motel:

One (1) parking space for each sleeping room or suite and one (1) parking space for each one hundred (100) square feet of commercial floor area contained therein.

15.02

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:

“Floor area” shall mean the gross floor area of the specific use.

Where fractional spaces result, the parking spaces required shall be constructed to be the nearest whole number.

The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.

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 (10) percent 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 (50) percent 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.

In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

15.03

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:

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.

Not more than fifty (50) percent of the parking spaces required for (1) theaters, bowling alleys, dance halls, nightclubs or cafes, and not more than eighty (80) percent of the parking spaces required for a church or school auditorium may be provided and used jointly by (2) 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.

15.04

MINIMUM DIMENSIONS FOR OFF-STREET PARKING.

Ninety (90) Degree Angle Parking:

Each parking space shall be not less than eight (8) feet wide nor less than eighteen (18) 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.

Sixty (60) Degree Angle Parking:

Each parking space shall be not less than eight (8) 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.

Forty-Five (45) Degree Angle Parking:

Each parking space shall be not less than eight (8) 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.

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.

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.

15.05

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 of materials or merchandise, shall provide and maintain on the same premises loading space in accordance with the following requirements:

In Districts “LI” and “HI”, one (1) loading space for each ten thousand (10,000) feet or fraction thereof, of floor area in the building.

In Districts “LC” and “GB”, one (1) loading space for the first five thousand (5,000) to fifteen thousand (15,000) square feet of floor area in the building and one additional loading space for each fifteen thousand (15,000) square feet, or fraction thereof, of floor area in excess of fifteen thousand (15,000) square feet.

Each required loading space shall have a minimum of ten (10) feet by twenty-five (25) feet.

(Ordinance 2014-10-07A adopted 10/7/14)

§ 16 HEIGHT AND AREA EXCEPTIONS AND MODIFICATIONS.

16.01

HEIGHT.

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.

Public or semi-public service buildings, 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 increased by one (1) foot for each foot of additional building height above the height regulations for the district in which the building is located.

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.

16.02

FRONT YARDS.

Where twenty-five (25) percent or more of the frontage upon the same side of a street between two 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.

In Districts “SF”, or “MF”, where twenty-five (25) percent 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.

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

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.

Where an official line has been established for future widening or opening of street upon which a lot abuts, then the width of a front or side yard shall be measured from such official line of the building.

16.03

SIDE YARDS.

On a corner lot the width of the yard along the side street 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.

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

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

Where a lot of record at the time of the effective date of this Ordinance 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.

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.

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.

16.04

REAR YARDS.

An accessory building not exceeding twenty (20) feet in height may occupy not to exceed twenty-five (25) percent, and unenclosed parking spaces may occupy not to exceed eighty (80) percent, 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 line.

(Ordinance 2014-10-07A adopted 10/7/14)

§ 17 SPECIAL USE PERMITS.

17.01

SPECIAL USES.

The City Council by an affirmative three-fourths (3/4) vote may, after public hearing and proper notice to all parties affected, and after recommendations from the Planning and Zoning Commission containing such requirements and safeguards as are necessary to protect adjoining property, authorize the location of any of the following uses in the special district, provided the application shall be accompanied by a site plan drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height and construction of signs; locations of buildings and the uses to be permitted; means of ingress and egress to public streets; and the type of visual screening such as walls, plantings, and fences.

Institutions of an educational, philanthropic, or religious nature in any district.

Radio broadcasting towers and stations, television towers, and television transmitting stations in any district.

Any installation of a public utility, either privately or publicly owned, in any district (but not including offices).

Private clubs on a site of three acres or more in any district.

Hospitals on a site of five acres or more in any district.

Shopping centers or related commercial developments on a site of three acres or more in any district.

Apartment projects on a minimum site of two and one-half acres or on one block of a street frontage between intersecting streets, whichever is smaller in any district.

Professional offices for architects, engineers, landscape architects, attorneys, interior decorators, and certified public accountants in any “MF” District.

Public stables or riding academies on a site of ten acres or more in any district.

10.

Hotels and motels with related uses, on a site of five acres or more in any district, except “SF”.

11.

Circus, carnival, and other similar transient amusement enterprises in the “LC” Local Business District, but not within three hundred (300) feet of any Residential District.

12.

Greenhouses or plant nurseries on a site of three acres or more in any district.

13.

Tourist or trailer camp in a business or industrial district and its extension into an abutting residential district, provided such tourist or trailer camp shall comply with the following and such additional requirements as may be deemed necessary for proper development and the protection of the surrounding area:

All appropriate state and county sanitation regulations shall be strictly observed.

At least fifteen hundred (1,500) square feet of lot area per trailer shall be provided; no trailer shall be parked closer to the street than the required front yard setback, nor closer than thirty (30) feet to any property line abutting or lying within a Residential District, nor closer than twenty feet to any other property line. A clearance of not less than fifteen (15) feet shall be maintained between trailer coaches on all sides.