No. 19
A ZONING ORDINANCE DIVIDING THE AREA WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF PLAINS INTO DISTRICTS IN ACCORDANCE WITH A CITYWIDE COMPREHENSIVE PLAN; DEFINING CERTAIN TERMS; REGULATING THE LOCATION, SIZE, HEIGHT, BULK AND USE OF BUILDINGS WITHIN SUCH RESPECTIVE DISTRICTS; FIXING BUILDING LINES FOR EACH RESPECTIVE DISTRICT; FIXING THE PERCENTAGE OF ANY LOT OR TRACT OF LAND TO BE OCCUPIED IN THE VARIOUS DISTRICTS; REGULATING THE SIZE OF YARDS, COURTS AND OPEN SPACES IN EACH PARTICULAR DISTRICT; REGULATING THE DENSITY OF POPULATION, STRUCTURES, BUILDINGS, LANDS, INDUSTRY AND RESIDENCES IN THE DIFFERENT DISTRICTS; PROVIDING REGULATIONS FOR THE CONSTRUCTION, ERECTION, REPAIR AND ALTERATION OF ALL BUILDINGS AND STRUCTURES IN EACH PARTICULAR DISTRICT; ADOPTING A ZONING MAP, MAKING IT A PART OF THIS ORDINANCE; PROVIDING FOR THE LOCATION AND OUTLINE OF ALL DISTRICTS ON SAID ZONING MAP AND MAKING ALL FIGURES, LETTERS, MARKINGS AND COLORS ON SAID MAP A PART OF THIS ORDINANCE; CREATING A BOARD OF ADJUSTMENT AND DEFINING ITS POWERS AND DUTIES; PROVIDING A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND PROVIDING FOR THE VALIDITY OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINS, TEXAS:
The purpose of this ordinance is to zone the entire area of the City of Plains into districts in accordance with a comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the general public. They have been designed to lessen congestion in the streets; to provide safety from fire, panic, and other dangers; to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to provide and facilitate adequate provisions for transportation, water, sewerage, schools, parks and other public requirements. Said districts have been created with fair and reasonable consideration, among other things of the character of each particular district and its peculiar suitability for the particular uses; and thereby conserve the value of land and buildings in each particular district; and with a view of insuring the harmonious and appropriate use of all property and to prohibit the inharmonious and inappropriate use of all property and thereby promote the general good and welfare of the public.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 3, adopted 10/9/06)
(1) 
The City of Plains is hereby divided into districts of which there shall be eight (8) known and designated as follows:
"A" District
"B" District
"C" District
"E" District
"G" District
"H" District
"J" District
"L" District
and the boundaries of each district is shown and set forth upon the zoning map which accompanies this Ordinance, by various letters, figures and marking, and said zoning map is hereby declared to be a part of this Ordinance. All markings, notations, references and other information shown on said zoning map shall be and are hereafter made as much a part of this Ordinance as if the matters and information set forth on said zoning map were all fully incorporated herein. All regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.
(2) 
Except as hereinafter provided, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which such building or land is located; no building shall be erected, reconstructed or structurally altered to exceed the height or bulk limit herein established for the district in which such building is located; no lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than that prescribed by this Ordinance nor shall the yard or open spaces provided about and for any building for the purpose of complying with the provisions of these regulations be considered as providing a yard or open space for any other building; and every building hereinafter erected shall be located on a lot as herein defined and in no case shall there be more than one (1) building on one (1) lot, except as hereinafter provided.
(3) 
No use shall be permitted which is or would reasonably be injurious to the neighborhood residents or which would interfere with the safety or with the reasonable use and enjoyment of their property by reason of the emission of dust, smoke, odor, glare, noise, vibration, trash, junk, water spray, or by reason of any condition which would amount to a public nuisance at common law.
(4) 
No Mobile Home shall be moved into, stored, set up, or used for any purpose within, the City of Plains.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 3, adopted 10/9/06)
The zoning map of the City of Plains, which is made a part of this ordinance, shall be in duplicate originals, and is hereby adopted in duplicate, each of which shall bear the signature of the mayor and attestation of the city secretary for identification and authentication; one of said duplicate originals, together with this ordinance, shall be enrolled by the city secretary upon the minutes of the ordinances; the other duplicate original shall be framed and hung at some convenient place in the city hall for the use and benefit of the public.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 4, adopted 10/9/06)
The provisions of this ordinance shall be administered and enforced by the building inspector of the City of Plains. All applications for building permits shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications and plats shall be kept in the office of the building inspector.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 4, adopted 10/9/06)
(1) 
No building hereafter erected or structurally altered shall be used, occupied or changed until a certificate of occupancy and compliance shall have been issued by the building inspector stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations.
(2) 
Certificates of occupancy and compliance shall be applied for coincident with the application for building permit and shall be issued within ten (10) days after the erection or structural alteration of such building shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the building inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.
(3) 
No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy and compliance.
(4) 
No structure for which a Certificate of Occupancy and Compliance has not been issued, or for which such certificate has been cancelled or revoked, shall be connected to utility services owned or operated by the City, or to utility services provided by others under franchise or similar agreements, except for temporary construction connections.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 4, adopted 10/9/06)
(1) 
The city council may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established.
(2) 
Before taking action on any proposed amendment, supplement or change, the city council shall submit the same to the zoning commission for its recommendation and report. The zoning commission shall hold a public hearing and provide ten (10) days written notice of such hearing to each property owner within two hundred (200) feet of the property on which the change in zoning is requested.
(3) 
Public hearing shall be held by the city council before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publishing the same in a newspaper of general circulation, published in the City of Plains, stating the time and place of such hearing, which shall not be earlier than fifteen (15) days from the first date of such publication. The city council may provide for a joint public hearing with the zoning commission.
(4) 
Unless such proposed amendment, supplement or change has been approved by the zoning commission or if a protest against such amendment, supplement or change has been filed with the city secretary, duly signed and acknowledged by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or those immediately adjacent to the rear thereof extending two hundred (200) feet therefrom, or of those directly opposite thereto extending two hundred (200) feet from the street frontage of such opposite lots, such amendment shall not become effective except by a three-fourths (3/4) vote of the city council.
(5) 
In the event the city does not have a functioning zoning commission at the time a request for change is submitted, the procedure required in Section 211.006(b) of the Local Government Code shall be followed.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 2, adopted 10/9/06)
It shall be unlawful for any person without authority to alter, erase, deface, add to or take away from, or make any change of any character or to willfully injure or destroy the zoning maps or either of them adopted by this ordinance.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 2, adopted 10/9/06)
In an "A" District no building or land shall be used, and no building shall be hereafter erected or structurally altered which is arranged or designed to be used for other than one (1) or more of the following uses:
(1) 
One-family dwellings.
(2) 
Public park or playgrounds.
(3) 
Accessory buildings are permitted, including a private garage and servant's quarters when located not less than eighty (80) feet from the front line, nor less than five (5) feet from any other street line, nor less than three (3) feet from either side line. The servant's quarters, however, shall not be leased or rented to anyone other than to the family of a bona fide servant giving more than fifty (50) percent of his or her time to the family occupying the premises to which the servant's house is an accessory building.
(4) 
The uses customarily incident to any of the above uses when situated in the same dwelling and not involving the conduct of a business, including customary home occupations engaged in by the occupants of the dwelling and including also the office of a physician, surgeon, dentist, musician, or artist when situated in the same dwelling used by such physician, surgeon, dentist, musician, or artist, as his or her private dwelling, but said incidental use shall never be permitted as a principal use, but only as a secondary use when indispensably necessary to the enjoyment of the premises for any one of the uses permitted by this section; provided no name plate exceeding one (1) square foot in area or bulletin boards nor sign boards exceeding six (6) square feet in area appertaining to the lease, hire or sale of a building or premises, nor advertising sign of any other character shall be permitted in any "A" District.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 2, adopted 10/9/06)
In a "B" District no building or land shall be used, and no building shall be hereafter erected or structurally altered which is arranged or designed to be used for other than one (1) or more of the following uses:
(1) 
Any use permitted in an "A" District.
(2) 
Fire Station.
(3) 
Churches, schools and colleges.
(4) 
Farming and truck gardening. Nurseries (no sales office).
(5) 
Golf courses, except miniature courses operated for commercial purposes.
(6) 
Water supply reservoirs, towers and artesian wells, gas and electric public utility regulator stations, but the size and location of said stations shall be fixed by the city council.
(7) 
Telephone exchange (no business office).
(8) 
Two-family dwelling.
(9) 
Accessory buildings will be permitted, including a private garage and servant's quarters when located not less than eighty (80) feet from the front line, nor less than five (5) feet from any other street line, nor less than three (3) feet from either side line. The servant's quarters, however, shall not be leased or rented to anyone other than to the family of a bona fide servant giving more than fifty (50) percent of his or her time to the family occupying the premises to which the servant's house is an accessory building.
(10) 
The uses customarily incident to any of the above uses when situated in the same dwelling and not involving the conduct of a business, including customary home occupations engaged in by the occupants of the dwelling and including also the office of a physician, surgeon, dentist, musician, or artist when situated in the same dwelling used by such physician, surgeon, dentist, but said incidental use shall never be permitted as a principal use, but only as a secondary use when indispensably necessary to the enjoyment of the premises for any one of the uses permitted by this section; provided no name plate exceeding one (1) square foot in area, nor bulletin boards nor signs exceeding twelve (12) square feet in area appertaining to the lease, hire or sale of a building or premises, nor advertising sign of any other character shall be permitted in any "B" District.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 2, adopted 10/9/06)
In "C" and "E" Districts no building or land shall be used, and no building shall be hereafter erected or structurally altered which is arranged or designed to be used for other than one (1) or more of the following uses:
(1) 
Any use permitted in any of the foregoing districts.
(2) 
Boarding and lodging houses.
(3) 
Hospitals and clinics, excepting tubercular and veterinary hospitals and clinics, and those for alcoholic, narcotic, insane and feeble-minded patients.
(4) 
Hotels in which businesses may be conducted for the sole convenience of the occupants of the buildings; provided, however, there shall be no entrance to such place of business except from the inside of the building.
(5) 
Institutions of a philanthropic nature other than penal or correctional institutions.
(6) 
Libraries and museums.
(7) 
Multiple dwelling, apartment houses and group houses (not including tourist or trailer camps, courts of lodges).
(8) 
Private clubs, fraternities, sororities, lodges, excepting those whose chief activities are services customarily carried on as a business.
(9) 
In "C" and "E" Districts accessory buildings and uses customarily incident to any of the above uses when not involving the conduct of a business other than incidental to the residential use of such lot, including private and storage garage; provided, however, that no such accessory building or use shall be located less than sixty (60) feet from the front lot lines, nor less than five (5) feet from any other street line, nor less than three (3) feet from either side line.
(10) 
In the "E" District accessory buildings and uses customarily incident to any of the above uses when not involving the conduct of a business other than incidental to the residential use of such lot, including private and storage garage; provided, however, that no such accessory building or use shall be located less than fifty (50) feet from the front lot lines, nor less than five (5) feet from any other street line, nor less than three (3) feet from either side line.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 2, adopted 10/9/06)
In a "G" District no building or land shall be used, and no building shall be hereafter erected or structurally altered which is arranged or designed to be used for other than one (1) or more of the following uses:
(1) 
Any use permitted in any of the foregoing Districts.
(2) 
Auto sales (where major business is the display and sale of new automobiles by an authorized dealer and repair work and storage facilities shall be purely incidental), provided further that the area allowed for the repairs and storage of cars shall not be nearer than twenty (20) feet from the front line of the building.
(3) 
Bakery, laundry, candy manufacturing (when employing less than six (6) persons on the premises).
(4) 
Hotels.
(5) 
Mortuary, greenhouse or nursery office.
(6) 
Public storage garage (only minor repairs).
(7) 
Retail ice delivery station, gasoline filling station.
(8) 
Theater, moving picture show.
(9) 
Tourist or trailer camp, court or lodges.
(10) 
Wholesale office and sample room.
(11) 
Job printing.
(12) 
Any use not included in any other class, provided such use is not noxious or offensive by reason of the emission of odor, dust, gas fumes, noise or vibration; provided further that no kind of manufacture or treatment shall be permitted in the "G" District other than the manufacture or treatment of products clearly incidental to the conduct of a retail business conducted on the premises.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 2, adopted 10/9/06)
In an "H" District no building or land shall be used, and no building shall be hereafter erected or structurally altered which is arranged or designed to be used for other than one (1) or more of the following uses:
(1) 
Any use permitted in any of the foregoing districts.
(2) 
Bakeries.
(3) 
Bottling works.
(4) 
Candy manufacturing.
(5) 
Newspaper printing, art printing.
(6) 
Electroplating, electric works, including armature winding, galvanizing.
(7) 
Laundry, dyeing and cleaning works.
(8) 
Secondhand goods store (when housed entirely in building).
(9) 
Pecan shelling.
(10) 
Public garage.
(11) 
Secondhand automobile yards (not including wrecking or repairing).
(12) 
Storage warehouses.
(13) 
Wholesale houses.
(14) 
Any use not included in any other class, provided such use is not noxious or offensive by reason of the emission of odor, dust, gas fumes, noise or vibration; provided further that no kind of manufacture or treatment shall be permitted in the "H" District other than the manufacture or treatment of products clearly incidental to the conduct of a retail business conducted on the premises.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 2, adopted 10/9/06)
In a "J" District no building or land shall be used, and no building shall be hereafter erected or structurally altered which is arranged or designed to be used for other than one (1) or more of the following uses:
(1) 
Any use permitted in any of the foregoing districts.
(2) 
Blacksmith or horseshoeing shops.
(3) 
Ice cream manufacture, ice manufacture, cold storage plants, electric power plant, and creamery and dairy products manufacture and processing, wholesale milk distribution.
(4) 
Cotton storage yard.
(5) 
Broom manufacture.
(6) 
Building materials storage yards, lumber yards.
(7) 
Carpet cleaning.
(8) 
Chicken hatcheries.
(9) 
Central mixing plant for cement, mortar, plaster and paving materials.
(10) 
Commercial amusement parks, swimming pools, skating rinks, dance halls, driving ranges, archery ranges, miniature golf courses.
(11) 
Cooperage works.
(12) 
Emery cloth and sand paper manufacture.
(13) 
Flour mill, rice mill.
(14) 
Iron, steel or copper fabrication plant.
(15) 
Livery stable, riding academy.
(16) 
Motor freight depot or garages.
(17) 
Machine shop.
(18) 
Mattress manufacture.
(19) 
Paper box manufacture.
(20) 
Penal or correctional institution. Institutions for the care of tubercular, insane, feeble-minded, alcoholic or narcotic patients.
(21) 
Billboard or advertising signs.
(22) 
Planning mill and wooden box manufacture.
(23) 
Refrigerator manufacture.
(24) 
Contractor's plant and storage.
(25) 
Stone monumental works.
(26) 
Veterinary hospital.
(27) 
Yeast plant.
(28) 
Manufacture of any kind not listed under Section "L," Manufacturing District, provided that such use is not noxious or offensive by reason of the emission of dust, smoke, gas, noise or vibration.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 2, adopted 10/9/06)
In an "L" District no building or land shall be used, and no building shall be hereafter erected or structurally altered which is arranged or designed to be used for other than one (1) or more of the following uses:
(1) 
Any use permitted in any of the foregoing districts.
(2) 
Acetylene, gas manufacture.
(3) 
Alcoholic manufacture.
(4) 
Automobile wrecking.
(5) 
Bag cleaning.
(6) 
Petroleum products, wholesale storage of.
(7) 
Blast furnace.
(8) 
Boiler works.
(9) 
Brick, tile, pottery or terra cotta manufacture.
(10) 
Candle manufacture.
(11) 
Canning or preserving manufacture, egg breaking.
(12) 
Celluloid and similar cellulose material manufacture.
(13) 
Coal hoist, coal pocket or coal tar trestle.
(14) 
Cotton compress, cotton ginning, cotton bailing, cotton warehouses and cottonseed manufacture.
(15) 
Disinfectant and insecticide.
(16) 
Dye stuff manufacture.
(17) 
Fish smoking and curing.
(18) 
Feed mill.
(19) 
Forge plant.
(20) 
Grain elevators.
(21) 
Iron, steel, brass or copper foundry.
(22) 
Oil cloth or linoleum manufacture.
(23) 
Oil or rubber goods manufacture.
(24) 
Pickle manufacture.
(25) 
Potash works.
(26) 
Poultry killing, cleaning and dressing, storage of live poultry.
(27) 
Pyroxlin manufacture.
(28) 
Railroad roundhouse or shops.
(29) 
Rock crusher.
(30) 
Rolling mills.
(31) 
Rubber or gutta-percha manufacture or treatment.
(32) 
Salt works.
(33) 
Sauerkraut manufacture.
(34) 
Shoe polish manufacture.
(35) 
Soda and compound manufacture.
(36) 
Stone mill or quarry.
(37) 
Storage or bailing of rags, iron, junk or paper.
(38) 
Stove polish manufacture.
(39) 
Tile roofing or water proof manufacture.
(40) 
Textile manufacture.
(41) 
Tobacco (chewing) manufacture or treatment.
(42) 
Wood pulling or scouring.
(43) 
Livestock auction sales with barns and temporary concentration shipping, loading and unloading facilities.
(44) 
Manufacture or industrial operations of any kind not heretofore listed.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 2, adopted 10/9/06)
(1) 
The height of buildings in the "A," "B," "C," and "E" Districts shall not exceed thirty-five (35) feet or 21/2 stories, and the height of buildings in the "G" District shall not exceed forty-five (45) feet or three (3) stories.
(2) 
One-family dwelling in the thirty-five (35) feet height districts may be increased in height by not more than ten (10) feet when two side yards of not less than fifteen (15) feet each are provided. Such dwellings, however, shall not exceed three (3) stories in height.
(3) 
In the thirty-five (35) and forty-five (45) foot height districts public or semi-public buildings, hotels, apartments, hospitals, sanitariums or schools may be erected to a height not exceeding seventy-five (75) feet when the front, side and rear yards are each increased an additional foot for each foot such buildings exceed thirty-five (35) feet and forty-five (45) feet, respectively, in height.
(4) 
The height of buildings in the "H" District shall not exceed one hundred fifty (150) feet, and the height of buildings in the "J" and "L" Districts shall not exceed one hundred twenty-five (125) feet but above the height permitted at the yard lines, four (4) feet may be added to the height of the buildings for each one (1) foot the building or portion thereof is set back from the required yard lines; provided, however, that the cubical content of such building shall not exceed the cubical content of a prism having a base equal to the area of the lot and a height of one hundred fifty (150) feet and one hundred twenty-five (125) feet respectively.
(5) 
In the "H" District a tower may be constructed without reference to the above limitations, provided the largest horizontal dimensions of any side of the tower shall not exceed sixty (60) feet and provided the horizontal area shall not exceed twenty-five (25) percent of the area of the lot, and provided such tower shall be removed at least twenty-five (25) feet from all lot lines and at least fifty (50) feet from any other tower.
(6) 
Chimneys, water towers, penthouses, scenery lofts, sugar refineries, monuments, cupolas, domes, spires, standpipes, false mansards, parapet walls, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the city.
(7) 
On through lots one hundred fifty (150) feet or less in depth, the height of a building may be measured from the curb level on either street. On through lots more than one hundred fifty (150) feet in depth, the height regulation and basis of height measurement for the street permitting the greater height shall apply to a depth of not more than one hundred fifty (150) feet from that street.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 2, adopted 10/9/06)
(1) 
In the "A" District there shall be a front yard having a depth of not less than thirty (30) feet from the property line to the front line of the building, covered porch or covered terrace or attached accessory building.
(2) 
In the "B" and "C" Districts there shall be a front yard having a depth of not less than twenty-five (25) feet from the property line to the front line of the building, covered porch or covered terrace or attached accessory building.
(3) 
In the "E," "G" and "J" Districts there shall be a front yard having a depth of not less than fifteen (15) feet from the property line to the front line of the building, covered porch or covered terrace or attached accessory building.
(4) 
In the "L" and "H" Districts no front yard is required unless building is erected or structurally altered for dwelling purposes, in which event a front yard of not less than fifteen (15) feet in depth is required.
(5) 
Where the frontage on one side of a street between two intersecting streets is zoned for two classes of districts, the set-back on the most restricted district shall apply to the entire block.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 2, adopted 10/9/06)
(1) 
In all districts where buildings are erected or structurally altered for dwelling purposes, there shall be a rear yard having a depth of not less than twenty (20) percent of the depth of the lot, provided such rear yards need not exceed twenty-five (25) feet.
(2) 
In the "G" District there shall be a rear yard having a depth of not less than twenty (20) percent of the depth of the lot, provided such rear yard need not exceed twenty-five (25) feet.
(3) 
In the "H," "J," and "L" Districts, when property is not used for dwelling purposes, and when not abutting on the rear of a Dwelling District, no rear yard is required. If abutting on the rear on a Dwelling District, "A," "B," "C," or "E" then a rear yard of at least ten (10) feet is required.
(4) 
In computing the required depth of a rear yard for any building where such yard abuts an alley, the depth of the lot may be considered to the center of the alley, and the required depth of rear yard measured from the center of said alley.
(5) 
An accessory building not exceeding one story in height may occupy not more than sixty (60) percent of a minimum required rear yard.
(6) 
An accessory building exceeding one story in height may occupy not more than forty (40) percent of a minimum required rear yard.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 2, adopted 10/9/06)
(1) 
In Districts "A," "B," "C" and "E" and in all other districts where a building is erected or structurally altered for dwelling purposes, there shall be two side yards, one on each side of the building, having a combined width of not less than twenty (20) percent of the width of the lot, provided that in no case shall either side yard be less than five (5) feet, and provided further that the combined widths of the two side yards need not exceed twelve (12) feet.
(2) 
In the districts where a building is erected or structurally altered for dwelling purposes for buildings more than three (3) stories in height, but not exceeding eight (8) stories in height, each of the two side yards shall be increased one (1) foot in width for each additional story above the third. For buildings more than eight (8) stories, or one hundred (100) feet in height, there shall be an additional set back as provided in the height regulations above.
(3) 
In the "G," "H," "J" and "L" Districts if the property is not used for dwelling purposes no side yards are required, unless a lot abuts upon the side of a lot zoned for dwelling purposes, there shall be a side yard of not less than five (5) feet. In other cases a side yard, if provided for a business or industrial building, shall be not less than four (4) feet.
(4) 
For the purpose of side yard regulations, two or more detached one or two-family dwellings shall be considered as one building when occupying one lot, provided, however, there shall be a minimum of ten (10) feet between the sides of the building of the same lot.
(5) 
In the case of group houses or court apartment, when buildings rear upon the side yard, the width of the side yard shall be increased by one foot for each building or apartment abutting thereon. If any stairways open onto or are served by such side yard, the minimum width of such side yard shall be 10 feet.
(6) 
The width of a place or court shall not be less than forty (40) feet measured between buildings or from buildings to the opposite property line, provided that open or unenclosed porches may project into the required place or court not more than twenty (20) percent of the width of such a place or court.
(7) 
All other requirements including front, side and rear yards shall be complied with in accordance with the district in which such group houses or court apartments are located.
(8) 
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed except for the ordinary projections of sills, belt courses, cornices, etc., provided, however, the above projections shall not extend into a court more than twenty-four (24) inches nor into a minimum side yard more than twenty-four (24) inches.
(9) 
The side and front yard requirements for dwellings shall be waived where dwellings are erected above stores or shops.
(10) 
On corner lots the side yard regulations shall be the same as for interior except in the case of side street or reversed frontage (where the corner lot faces an intersecting street) in which case there shall also be a side yard on the street side equal to the front yard on the lots in the rear. No accessory building on said corner lot shall project beyond the front yard on the lots in the rear. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot facing an intersecting street, and of record at the time of passage of this Ordinance to less than twenty-eight (28) feet, nor to prohibit the erection of an accessory building where the regulation cannot be reasonably complied with.
(11) 
On lots upon which a HUD-Code Manufactured Home is to be located, the side lot on each side shall be not less than ten feet (10.0').
(12) 
On lots where more than one HUD-Code Manufactured Home are to be located (while still complying with the minimum lot areas set forth in Section 19), in addition to the ten foot (10.0') side yard requirement, there shall be not less than twenty feet (20.0') of unobstructed space between the HUD-Code Manufactured Homes.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 2, adopted 10/9/06)
(1) 
In the "A" Districts the minimum area of the lot shall be 6,000 square feet.
(2) 
In the "B" Districts the minimum area of the lot shall be 5,000 square feet for one-family dwellings or 6,000 square feet for a two-family dwelling.
(3) 
In the "E," "J" and "L" Districts the minimum area of the lot shall be 4,000 square feet for one-family dwellings; 5,000 square feet for a two-family dwelling; and for apartment houses or buildings arranged or designed for more than two families, the minimum area shall be 5,000 square feet plus 600 square feet for each family in excess of two (2).
(4) 
In the "C," "G" and "H" Districts the minimum area of the lot shall be 5,000 square feet for a one-family dwelling; 6,000 square feet for a two-family dwelling; and for apartment houses or buildings arranged or designed for more than two families, the minimum area shall be 6,000 square feet plus 600 square feet for each family in excess of two (2).
(5) 
On any lot held under separate distinct ownership from adjoining lots at the same time of the passage of this Ordinance, such separately owned property being of record at the time, a single-family dwelling may be erected even though the lot be of less area than required by the regulations relating to area in the district in which it is located; provided, however, that in any event the combined area of the dwelling and accessory building shall not cover more than forty (40) percent of the total area of the lot.
(6) 
No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this Ordinance, nor shall the density of the population be increased in any manner except in conformity with the area regulations herein established. Side yard areas used to comply with minimum requirements of this Ordinance for a building shall not be included as a part of the required areas of any other building.
(Ordinance 19 of March 4, 1954)
(1) 
On any lot on which a front yard is required by this ordinance, no wall, fence or other structure shall be erected and no hedge, tree, shrub or other growth or structure of any kind shall be maintained in such location within such required front yard so as to obstruct the view.
(2) 
Any fence, wall, hedge, shrubbery, etc., higher than a base line extending from a point 21 feet above walk grade to a point (4) feet above walk grade at the depth of front yard required is hereby declared to be an obstruction to view, except single trees, having single trunks which are pruned to a height of seven (7) feet above walk grade.
(Ordinance 19 of March 4, 1954)
Editor’s note–Former section 21 pertaining to the location of establishments that serve or sell alcoholic beverages and deriving from Ordinance 79 adopted 6/10/86, was repealed in its entirety by Ordinance 217-15, sec. 2, adopted 12/14/15.
(1) 
Any use of property existing at the time of the passage of this ordinance that does not conform to the regulations prescribed in the preceding sections of this Ordinance shall be deemed nonconforming use.
(2) 
The lawful use of land existing at the time of the passage of this ordinance, although such does not conform to the provision hereof, may be continued; but if such nonconforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this ordinance. If a building occupied by a nonconforming use is destroyed by fire or the elements it may not be reconstructed or rebuilt except to conform with the provisions of this ordinance.
(3) 
The lawful use of the building at the time of the passage of this Ordinance may be continued, although such use does not conform to the provisions hereof, and such use may be extended throughout the building provided no structural alteration, except those required by law or ordinance, are made therein. If no structural alterations are made, a nonconforming use of the building may be changed to another nonconforming use of the same or more restricted classification; provided, however, that in the event a nonconforming building is once changed to a nonconforming use of a higher or more restricted classification, it shall not later revert to the former lower or less restricted classification.
(4) 
The right of nonconforming use to continue shall be subject to such regulations as the maintenance of the premises and conditions of operation as may in the judgment of the Board of Adjustment be reasonably required for the protection of adjacent property.
(5) 
Nothing in this Ordinance shall be taken to prevent restoration of a building destroyed to the extent of not more than sixty (60) percent of its reasonable value by fire, explosion, or other casualty, or act of God, or a public enemy, nor the continued occupancy or use of such building, or part thereof, which existed at the time of such partial destruction.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 1, adopted 10/9/06)
(1) 
When definite distances in feet are not shown on the zoning map, the district boundaries on the zoning map are intended to be along existing street, alley or property lines or extensions of or from the same. When the location of a district boundary line is not otherwise determined, it shall be determined by the scale of the map measured from a given line.
(2) 
Where the street layout actually on the ground varies from the street layout as shown on the zoning map, the Board of Adjustment may apply the designations shown on the mapped streets in such a way as to carry out the intent and purpose of the plan for the particular area in question.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 1, adopted 10/9/06)
(1) 
There is hereby created a Board of Adjustment consisting of five (5) members and four (4) alternate members to serve in the absence of regular members, each to be appointed by the mayor subject to approval by a majority of the city council for a term of two (2) years and removable for cause by the appointing authority. Vacancies shall be filled by the appointment by the original appointing authority of a suitable person to serve out the unexpired term of any member whose place on the Board of Adjustment has become vacant for any cause. Each case before the board must be heard by at least four (4) members. In the event the city does not have a functioning Board of Adjustments at the time an appeal is made, the city council shall serve as the Board of Adjustments.
(2) 
The Board is hereby vested with power and authority, in appropriate cases and subject to appropriate conditions and safeguards to make such exemptions to the terms of this ordinance in harmony with its general purpose and intent and in accordance with general or special rules therein contained for the purpose of rendering full justice and equity to the general public.
(3) 
The Board may adopt rules to govern its proceedings, provided, however, that such rules are not inconsistent with this Ordinance. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city secretary and shall be public record.
(4) 
Appeals to the Board of Adjustment can be taken by any person aggrieved or by an officer, department, or board or department of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within fifteen (15) days time after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed was taken.
(5) 
An appeal shall stay all proceedings of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise, than by a restraining order which may be granted by the Board of Adjustment or by a court of record upon application after notice to the officer from whom the appeal is taken and on due cause shown.
(6) 
The Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give the notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing any party may appear in person or by attorney or by agent.
(7) 
The Board of Adjustment shall have the following powers:
(a) 
To hear and decide appeals when it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Ordinance.
(b) 
To hear and decide special exceptions to the terms of the Ordinance which the Board is required to pass under this Ordinance.
(c) 
To authorize upon appeal in special cases, such variance from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the Ordinance will result in unnecessary hardship, and so that the spirit of the Ordinance shall be observed and substantial justice done.
(8) 
In exercising its powers the Board may revise or reform, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken.
(9) 
The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this Ordinance, or to effect any variation in said Ordinance.
(10) 
Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer or any officer, department or board of the municipality may present to a court of record a petition, duly certified, setting forth that such decision is illegal in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Board and not thereafter.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 1, adopted 10/9/06)
Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction at the time of the passage of this Ordinance and which entire building shall be complete within one (1) year from the date of the passage of this Ordinance. Nothing herein contained shall require any change in plan, construction or designated use of a building for which a building permit has been heretofore issued and which entire building permit has been heretofore issued and which entire building permit has been heretofore issued and which entire building shall be complete within six (6) months from the date of the passage of this Ordinance. If any amendment to this Ordinance is hereafter adopted changing the boundaries of districts, the provisions of this Ordinance with regard to buildings, or premises existing or buildings under construction or building permits issued at the time of the passage of this Ordinance, shall apply to buildings or premises existing or building under construction or building permits issued in the area affected by such amendment at the time of the passage of such amendment.
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 1, adopted 10/9/06)
The following shall apply in the interpretation and enforcement of this Ordinance, to wit:
(1) 
Words used in the present tense include the future; words in the singular number include the plural number; the words in the plural number include the singular number; the word "building" includes the word "structure;" the word "lot" includes the word "plot;" the word "shall" is mandatory and not discretionary.
(2) 
Accessory Building - A subordinate use or building customarily incident to and located on the lot occupied by the main use or building.
(3) 
Alley - A way which extends only secondary means of access to abutting property.
(4) 
Apartment - A room or suite of rooms in an apartment house or tenement arranged, designed or occupied as the residence of a single family, individual or group of individuals.
(5) 
Apartment House - A building or portion thereof arranged designed or occupied by three (3) or more families living independently of each other.
(6) 
Beer Parlor - A place where beer and light wines or either of them are sold for consumption on the premises, and the majority of the gross business done is from the sale of beer and light wines or either of them.
(7) 
Boarding House - A building other than a hotel where lodging and meals for five (5) or more persons are served for compensation.
(8) 
Courts, Tourist - A building or group of buildings, designed, arranged or used for temporary occupancy having accommodations for housing or parking automobiles in close proximity to the quarters occupied by the owner of such automobile and providing for three (3) or more of such quarters.
(9) 
Courts, Trailer - An area designed and used for the temporary occupation by automobile trailer or tent quarters and providing for one (1) or more of such quarters.
(10) 
Customary Home Occupations - Occupations ordinarily carried on in a home that are not detrimental or injurious to adjoining property. These may include serving meals or renting rooms to not more than five (5) persons not members of the household, dressmaking, millinery, washing and ironing. Customary home occupations shall not include barbershops, beauty shops, carpenter shops, electrician shops, plumbers shops, radio shops, tinner shops, transfer or moving van offices, auto repairing, furniture repairing, or sign painting.
(11) 
Depth of Rear Yard - The mean horizontal distance between the rear line of a building other than an accessory building and the center line of the alley where an alley exists, otherwise the rear lot line.
(12) 
Depth of Lot - The mean horizontal distance between the front and rear lot lines.
(13) 
District - A section of the city for which the regulations governing the area, height and use of buildings are uniform.
(14) 
Dwelling, Multiple - A building used or designed as a residence for three (3) or more families, or households living independently of each other.
(15) 
Dwellings, Group Houses - Detached or semi-detached dwellings built on one (1) lot, usually in opposing rows separated by a walkway or court.
(16) 
Dwelling, One-Family - A detached building having accommodations for and occupied by only one (1) family.
(17) 
Dwelling, Two-Family - A detached building for separate accommodations for and occupied as, or to be occupied as a dwelling for only two (1) families.
(18) 
Family - A family is any number of individuals living together as a single housekeeping unit; as distinguished from a group occupying a boarding house, a lodging house or both, or hotel as herein defined.
(19) 
Front Yard - An open, unoccupied space on the same lot with a building, between the building and the street extending across the front of the lot.
(20) 
Garage, Private - A garage with capacity for not more than five (5) motor drive vehicles for storage only and for private use.
(21) 
Garage, Public - Any premises not a private garage, as defined above, used for housing of more than three (3) motor driven vehicles or where any such vehicles are repaired for operation, or kept for remuneration, hire or sale.
(22) 
Garage, Storage - Any premises, except those defined as a private or public garage, used exclusively for the storage of automobiles.
(23) 
Gross Floor Area - The gross floor area of an apartment house shall be measured by taking outside dimensions of the apartment building at each floor excluding, however, the floor area of basements or attics when not occupied as living quarters.
(24) 
Height - The height of a building or portion of a building shall be measured from the average established grade at the street lot line or from the average natural ground level. If higher, or if not street grade has been established to the highest point of the roof's surface if a flat surface; to the deck line of mansard roofs; and to the main height level between eaves and ridge for hip or gable roofs. In measuring the height of a building the following structures shall be excluded: chimneys, cooling towers, radio towers, ornamental cupolas, domes, or spires, elevator bulk heads, penthouses, tanks, water towers, and parapet walls not exceeding four (4) feet in height.
(25) 
Hotel - A building occupied as the more or less temporary abiding place of individuals who are lodged, with or without meals, in which as a rule the rooms are occupied for hire, in which provisions are not made for cooking in any individual apartment, and in which there are more than twelve (12) sleeping rooms, a public dining room for the accommodations of more than twelve (12) guests and a general kitchen.
(26) 
Institution - A building occupied by a nonprofit corporation; a nonprofit corporation; a nonprofit establishment for public use.
(27) 
Lodging House - A building other than a hotel where lodging for five (5) or more persons is provided for compensation.
(28) 
Lot - Land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this ordinance, and having its principal frontage upon a public street or officially approved place.
(a) 
Interior - is a lot other than a corner lot.
(b) 
Through - a lot having frontage on two (2) parallel or approximately parallel streets.
(c) 
Fractional - a portion of a lot that has been cut off of a corner lot, having the side line of an adjacent lot as its rear line and the rear line of the remainder of the corner lot as a side line.
(d) 
Front line - the line of an interior lot which is adjacent to the street. On corner lots it is the prolongation of the front lot line of adjacent interior lots as originally plotted.
(29) 
Lot Lines - The lines bounding a lot as defined herein.
(30) 
Lot, Corner - A lot situated at the junction of two (2) or more streets and having a width not greater than one hundred (100) feet.
(31) 
Nonconforming uses - A building or premises occupied by a use that does not conform to the regulations of the use in which it is situated.
(32) 
Open Space - Area included in any side, rear or front yard or any unoccupied space on a lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves or porches.
(33) 
Person - The word "person" when used in this ordinance shall, for the purpose of this Ordinance, mean every person, firm, partnership, co-partnership, association, corporation or society, and the term "person" shall include both singular and plural, and the masculine shall embrace the feminine gender.
(34) 
Place - An open, unoccupied space reserved for purposes of access to abutting property.
(35) 
Reversed Frontage - A portion of a corner lot fronting the street which was originally platted as a side street.
(36) 
Stables, Private - A stable with a capacity for not more than four (4) horses, mules or other domestic animals.
(37) 
Stables, Public - A stable with a capacity for more than four (4) horses, mules or other domestic animals.
(38) 
Street - Any public thoroughfare dedicated to the public and not dedicated as an alley.
(39) 
Story - A story under a gable, hip or gambral roof, the wall plates of which on at least two (2) exterior walls are not more than two (2) feet above the floor of such story.
(40) 
Story, Half - A story under a gable, hip or gambral roof, the wall plates of which on at least two (2) exterior walls are not more than two (2) feet above the floor of such story.
(41) 
Structural Alterations - Any change in the supporting member of a building, such as a bearing wall, column, beams or girders.
(42) 
Width of Side Yard - The mean horizontal distance between a side wall of a building and the side line of the lot.
(43) 
Yard, Rear - A space unoccupied except by buildings of accessory use as herein permitted, extending for the full width of the lot between the building other than a building of accessory use and the rear lot line.
(44) 
Yard, Side - An open, unoccupied space on the same lot with the building situated between the building and a side line of the lot and extending through from the street or from the front yard to the rear line of the lot. Any lot line not the rear line or front line shall be deemed a side line.
(45) 
Mobile Home - Means a structure that was constructed before June 15, 1976, transportable in one or more sections, which in traveling mode is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems.
(46) 
HUD-Code Manufactured Home - Means a structure constructed on or after June 15, 1976, according to the rules of the United State Department of Housing and Urban Development, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems. The terms does not include a recreational vehicle as that term is defined by 24 C.F.R. Section 3282.8(g).
(Ordinance 19 of March 4, 1954; Ordinance 179-06, sec. 1, adopted 10/9/06)