[Ordinance 2016-06-09-05, adopted June 9, 2016, readopted the zoning ordinance in its entirety. Ordinance 2016-06-09-05 has been treated as superseding
the former zoning ordinance, Ordinance 040727-4 adopted July 27, 2004.]
This ordinance shall be known and may be cited as "The City
of Gunter Zoning Ordinance."
(Ordinance 2016-06-09-05 adopted 5/24/16)
Zoning Regulations and Districts are herein established in accordance
with a Comprehensive Plan for the purpose of promoting the health,
safety, morals and general welfare of the citizens of the City. They
are designed to lessen congestion in the streets; to secure safety
from fire, panic and other dangers; to provide adequate light and
air; to prevent the overcrowding of land, and to avoid undue concentration
of population; to facilitate the adequate provision of transportation,
water, sewerage, schools, parks and other public requirements. They
have been established with reasonable consideration for the character
of each district and its peculiar suitability for the particular uses
specified; and with a view to conserving the value of buildings and
encouraging the most appropriate use of land throughout the City.
(Ordinance 2016-06-09-05 adopted 5/24/16)
3.1.
Zoning
Districts Identified.
The City of Gunter, Texas, is hereby
divided into zoning districts as listed in the [this] section.
|
Abbreviated Designation
|
Zoning District Name
|
|---|---|
|
A
|
Agricultural District
|
|
SF-E
|
Single-Family Residential District - Estate
|
|
SF-O
|
Residential Old Town Overlay District
|
|
SF-1
|
Single-Family Residential District - 1
|
|
SF-2
|
Single-Family Residential District - 2
|
|
TF
|
Two-Family Residential (Duplex) District
|
|
TH
|
Townhouse Residential District
|
|
MH-1
|
Manufactured Home District
|
|
MH-2
|
Manufactured Home Park District
|
|
MF
|
Multifamily District
|
|
C-1
|
Commercial District - Office, Light Retail, and Neighborhood
Services
|
|
C-2
|
Commercial District - General
|
|
C-3
|
Commercial District - Heavy
|
|
M-1
|
Manufacturing/Industrial District - Light
|
|
M-2
|
Manufacturing/Industrial District - Heavy
|
|
PD
|
Planned Development District
|
|
FP
|
Floodplain District
|
|
THOR
|
Thoroughfare Overlay District
|
|
F-B
|
Food and Beverage Overlay District
|
3.2.
Description
and Purpose of Zoning Districts
A – Agricultural District: This district provides for the continuance of farming, ranching, and gardening activities on land being utilized for these purposes. When land in an Agricultural District is needed for urban purposes, it is anticipated the zoning will be changed to the appropriate zoning district(s) to provide for orderly growth and development in accordance with the Comprehensive Plan. See Section 8 for A - Agricultural District regulations.
SF-E – Single-Family Residential District -
Estate: The SF-E district provides for residential development on large lots with a minimum building site of 35,000 square feet. Density in this district will usually be no greater than one (1) unit per gross acre. See Section 9 for SF-E - Single-Family Residential District - Estate regulations.
SF-O Residential Old Town Overlay District: The SF-O - Residential Old Town Overlay District is designed to
alter front, rear and side yard setbacks within the entirety of the
Old Town Plat and the Supplementary Plat of the City of Gunter that
is zoned as SF-1 Single-Family Residential District-1, SF-2 Single-Family
Residential District-2, and TF Two-Family Residential (Duplex) District.
SF-1 – Single-Family Residential District -
1: The SF-1 district provides for a minimum residential building site of 9,000 square feet. Density in this district will usually be no greater than four (4) units per gross acre. See Section 10 for SF-1 - Single-Family Residential District regulations.
SF-2 – Single-Family Residential District -
2: The SF-2 district provides for a minimum residential building site of 7,200 square feet and permits residential development of densities ranging from four (4) to six (6) units per gross acre. See Section 11 for SF-2 - Single-Family Residential District regulations.
TF – Two-Family Residential (Duplex) District: The TF district provides for stable, quality residential development, including duplex, and similar residential development with densities ranging from four (4) to twelve (12) units per gross acre. See Section 12 for TF - Two-Family Residential (Duplex) District regulations.
TH – Townhouse Residential District: The TH district provides for stable, quality residential development, including townhouses, zero lot line homes, garden (patio) home, and similar residential development with densities ranging from four (4) to twelve (12) units per gross acre. See Section 13 for TH - Townhouse Residential District regulations.
MH-1 – Manufactured Home District: The MH-1 district provides an area for the placement of HUD-Code manufactured home and modular home units in subdivisions in which most lots and housing units are owner-occupied. Densities in this district will be comparable to that of the SF-2 District. See Section 14 for MH-1 - Manufactured Home Subdivision District regulations.
MH-2 – Manufactured Home Park District: The MH-2 district establishes a category in which manufactured home park development with a maximum density of approximately five (5) - six (6) units per gross acre can occur. See Section 15 for MH-2 - Manufactured Home Park District regulations.
MF – Multifamily District: The
MF district permits multifamily developments of maximum densities
of fifteen (15) units per acre.
C-1 – Commercial District - Office, Light,
Retail, and Neighborhood Services: Retail, commercial, and office uses developed under the standards of the C-1 District are designed to provide a compatible relationship between the C-1 development and adjacent residential areas. See Section 17 for C-1 Commercial District - Office, Light Retail, and Neighborhood Services regulations.
C-2 – Commercial District - General: Uses which require considerable space for display, sales, or open storage, or by the nature of the use are generally not compatible with residential uses are located in the C-2 Commercial District. See Section 18 for C-2 - General Commercial District regulations.
C-3 – Commercial District - Heavy: Uses which require considerable space for display, sales, or open storage, or by the nature of the use are generally not compatible with residential uses, and not compatible with general commercial district regulations are located in the C-3 Commercial District. See Section 19 for C-3 - Heavy Commercial District regulations.
M-1 – Manufacturing/Industrial District - Light: The Light Manufacturing/Industrial District is established to accommodate uses of a non-nuisance type located in relative proximity to residential and C-1 business areas. Development in the M-1 district is limited primarily to certain wholesale, jobbing and warehouse uses and certain specialized manufacturing and research uses of a type which will not create nuisances. See Section 20 for M-1 - Manufacturing/Industrial District - Light regulations.
M-2 – Manufacturing/Industrial District - Heavy: The Heavy Manufacturing/Industrial District is established to accommodate industrial uses not appropriate for inclusion in the M-1 district and likely to create noise, traffic, odor and/or other conditions incompatible with most residential and commercial uses. See Section 21 for M-2 - Manufacturing/Industrial District - Heavy regulations.
PD – Planned Development District: The Planned Development District provides a zoning category for the planning and development of larger tracts of land for tracts of land with unique characteristics for a single use or combination of uses requiring flexibility and variety in design to achieve orderly development with due respect to the protection of surrounding property. See Section 22 for PD - Planned Development District regulations.
FP – Floodplain District: Zoning districts located in flood hazard areas which are subject to periodic inundation shall be preceded by the prefix FP, indicating a subdistrict. Areas designated FP may be used only for those uses listed in the provisions of Section 23 until a use in any area or any portion thereof located in FP subdistrict has been approved by the City Council. Approval shall only be given after engineering studies determine that the area, or any portion thereof, is suitable for uses in the district, and building construction or development would not create an obstruction to drainage nor a hazard to life or property, and that such construction is not contrary to the public interest. See Section 23 for FP - Floodplain District regulations.
THOR – Thoroughfare Overlay District: The Thoroughfare District is designed to provide for the diverse
uses that can take advantage of the access provided by a major arterial
or freeway, without sacrificing the integrity of the thoroughfare
or freeway in its primary function as a means of moving vehicular
traffic through the community.
(Ordinance 2016-06-09-05 adopted 5/24/16; Ordinance 2020-03-19-01 adopted 3/19/20)
4.1.
Zoning
District Boundaries Delineated on Zoning District Map.
The boundaries of the zoning districts set out herein are delineated
upon the Zoning District Map of the City of Gunter, Texas, said map
being hereby adopted as part of this ordinance as fully as if the
same were set forth herein in detail.
4.2.
Regulations
for Maintaining Zoning District Map.
Two (2) original,
official, and identical copies of the Zoning District Map are hereby
adopted bearing the signature of the Mayor and attestation of the
City Secretary and shall be filed and maintained as follows:
4.2.1.
One copy
shall be filed with the City Secretary, to be retained as the original
record and shall not be changed in any manner.
4.2.2.
One copy
shall be filed with the Building Official and shall be maintained
up-to-date by posting thereon all changes and subsequent amendments
for observation in issuing building permits and for enforcing the
Zoning Ordinance. The Building Official shall keep a written record
(logbook) of all changes made to the Zoning District Map.
4.2.3.
Reproductions
of the official Zoning District Map may be made for information purposes.
(Ordinance 2016-06-09-05 adopted 5/24/16)
5.1.
Rules for
Determining District Boundaries.
The district boundary
lines shown on the zoning district map are usually along streets,
alleys, property lines, or extensions thereof. Where uncertainty exists
as to the boundaries of districts as shown on the official zoning
map, the following rules shall apply:
5.1.1.
Boundaries
indicated as approximately following streets, highways, or alleys
shall be construed to follow the centerline of such street, highway,
or alley.
5.1.2.
Boundaries
indicated as approximately following platted lot lines shall be construed
as following such lines.
5.1.3.
Boundaries
indicated, as approximately following city limits shall be construed
as following city limits.
5.1.4.
Boundaries
indicated as following railroad or utility lines shall be construed
to be the centerline of the right-of-way; if no centerline is established,
the boundary shall be interpreted to be midway between the right-of-way
lines.
5.1.6.
Boundaries indicated as parallel to or extensions of features indicated in subsections 5.1.1. through 5.1.5. above shall be [so] construed. Distances not specifically indicated on the original Zoning Map shall be determined from the graphic scale on the map.
Editor's note–As set out in the ordinance,
subsections 5.1.5 and 5.1.6 contained duplicate text as above.
5.1.7.
Whenever
a street, alley or other public way is vacated by official action
of the City Council, or whenever a street or alley area is franchised
for building purposes, the zoning district line adjoining each side
of such street, alley, or other public way shall be automatically
extended to the centerline of such vacated street, alley, or way,
and all areas so involved shall then and henceforth be subject to
all regulations of the extended districts.
5.1.8.
Where physical features of the ground are at variance with information shown on the official zoning district map, or if there arises a question as to how a parcel of property is zoned and such question cannot be resolved by the application of subsections 5.1.1. through 5.1.7., or the zoning of property is invalidated by a final judgment of a court of competent jurisdiction, the property shall be considered as classified A - Agricultural District, temporarily. In an area determined to be temporarily classified as A - Agricultural District, no person shall construct, add or to alter any building or structure or cause the sale [same] to be done, nor shall any use be located therein or on the land which is not permitted in an A - Agricultural District, unless and until such territory has been zoned to permit such use by the City Council. It shall be the duty of the City Council to determine a permanent zoning for such area as soon as practicable.
(Ordinance 2016-06-09-05 adopted 5/24/16)
6.1.
Initial
Zoning Concurrent With Zoning.
An area or areas being
annexed to the City of Gunter shall ordinarily be given initial zoning
concurrently with the annexation.
6.2.
Temporary
Classification.
In instances in which the zoning of an
annexed territory concurrently with the annexation is impractical,
the annexed territory shall be temporarily classified as A - Agricultural
District, until other zoning is established by the City Council. The
procedure for establishing regular zoning on annexed territory shall
conform to the procedure established by law for the adoption of original
zoning regulations. The City Council shall determine an initial zoning
for such area as soon as practicable after annexation.
6.3.
Regulations
in Areas Temporarily Classified.
In an area temporarily
classified as A - Agricultural District:
6.3.1.
No person
shall erect, construct, or proceed or continue with the erection or
construction of any building or structure or cause the same to be
done in any newly annexed territory to the City of Gunter without
first applying for and obtaining a building permit or certificate
of occupancy from the building official or the City Council, as may
be required.
6.3.2.
No permit
for the construction of a building or use of land shall be issued
by the Building Official other than a permit which will allow the
construction of a building permitted in a zoning district other than
the Agricultural District by the City Council in the manner prescribed
by law.
(Ordinance 2016-06-09-05 adopted 5/24/16)
7.1.
Compliance
With Zoning Regulations Required.
All land, buildings,
structures, or appurtenances thereon located within the City of Gunter
which are hereafter occupied, used, erected, altered, removed, placed,
demolished, or converted shall be occupied, used, erected, altered,
removed, placed, demolished, or converted in conformance with the
zoning regulations prescribed for the zoning district in which such
land or building is located as hereinafter provided.
7.2.
Building
Permits Prohibited Without Plat.
No permit for the construction
of [or] placement of a building or buildings upon any tract or plot
shall be issued unless the plot or tract is part of a plat of record,
properly approved by the Planning and Zoning Commission and City Council
and filed in the Plat Records of county or counties in which the plot
or tract is located.
7.3.
Exclusions.
Nothing herein contained shall require any change in the plans,
construction, or designated use of a building under construction at
the time of the passage of this ordinance and which entire building
shall be completed within one (1) year from the date of passage of
this ordinance.
7.4.
One Main
Building on a Lot or Tract.
Only one main building for
one-family or two-family use with permitted accessory buildings may
be located upon a lot or tract. Every dwelling shall face or front
upon a public street or approved place other than an alley, which
street or approved place shall have a minimum width of thirty-one
(31) feet and a fifty (50) foot right-of-way. Where a lot is used
for retail and dwelling purposes, more than one main building may
be located upon the lot but only when such buildings conform to all
the open space, parking, and density requirements applicable to the
uses and districts. Whenever two or more main buildings or portions
thereof, are placed upon a single lot or tract and such buildings
will not face upon a public street, the same may be permitted when
the site plan for such development is approved by the City Council.
No parking area, storage area, or required open space for one building
shall be computed as being the open space, yard, or area requirements
for any other dwelling or other use.
(Ordinance 2016-06-09-05 adopted 5/24/16)
8.1.
General
Purpose and Description.
The Agricultural District is
intended to apply to land situated on the fringe of an urban area,
used for agricultural purposes, and which may become an urban area
in the future. Therefore, the agricultural activities conducted in
the Agricultural District should not be detrimental to urban land
uses and intensity of use permitted in this district is intended to
encourage and protect agricultural uses until urbanization is warranted
and the appropriate change in district classification is made.
8.2.
Permitted
Uses.
A building or premise shall be used only for the
following purposes:
8.2.1.
Single-family
dwellings on building lots of two (2) acres or more in areas where
said dwellings can be adequately served by city utilities or septic
tanks located on the building lot.
8.2.2.
Telephone
exchange and utility service building, provided no public business
and repair or outside storage facilities are maintained; gas lines;
and gas regulating stations.
8.2.3.
Accessory
buildings and structures clearly incidental to agricultural operations,
including but not limited to barns, stables, equipment sheds, granaries,
private garages, pump houses, and servant's quarters not for rent,
provided that the total area of buildings and structures shall be
limited to ten percent (10%) of the gross land area of tract.
8.2.4.
Temporary
metal buildings of less than six hundred (600) square feet which are
used for tool and supply storage.
8.2.5.
Riding
academy or other equestrian related activities.
8.2.7.
For more
details regarding farm animals see other applicable City regulations.
(Ordinance 2016-06-09-05 adopted 5/24/16)
9.1.
General
Purpose and Description.
The Single-Family Residential
- Estate District is designed to accommodate single-family residential
development on large lots. The district can be appropriately located
in proximity to agricultural and standard single-family residential
uses.
(Ordinance 2016-06-09-05 adopted 5/24/16; Ordinance 2019-11-21-03, sec. 2, adopted 11/21/19)
10.1.
General
Purpose and Description.
The Single-Family Residential
District - 1 is designed to accommodate the standard single-family
residential development.
(Ordinance 2016-06-09-05 adopted 5/24/16; Ordinance 2019-11-21-03, sec. 3, adopted 11/21/19)
11.1.
General
Purpose and Description.
The Single-Family Residential
District - 2 is intended to provide for medium density single-family
residential development. This district functions as a buffer or transition
between major streets, nonresidential areas and lower density residential
areas.
(Ordinance 2019-11-21-03, sec. 4,
adopted 11/21/19)
12.1.
General
Purpose and Description.
The purpose of the Two-Family
Residential (Duplex) District is to promote stable, quality residential
development of slightly increased densities. Consistent with the city's
Comprehensive Plan, this district may be used as a "buffer" district
between low density and high density districts or between residential
and nonresidential districts.
(Ordinance 2016-06-09-05 adopted 6/9/16)
13.1.
General
Purpose And Description.
The purpose of the Townhouse
Residential District is to promote stable, quality residential development
of slightly increased densities where single-family structures are
attached on separate lots or where zero lot lines are allowed. Consistent
with the City's Comprehensive Plan, this district may be used as a
"buffer" district between low density and high density districts or
between residential and nonresidential districts.
13.5.
Parking
Requirements.
Two (2) off-street parking spaces shall be provided behind the front building line. Other off-street parking space regulations are set forth in Section 29.
13.6.
Minimum
Building Size And Masonry Content.
See Appendix I, Area,
Setback, Height, and Coverage Regulations.
(Ordinance 2016-06-09-05 adopted 6/9/16)
14.1.
General
Purpose and Description.
The Manufactured Home District
is intended to provide for quality manufactured home subdivision development
containing many of the characteristics and the atmosphere of a standard
single-family subdivision.
14.5.
Parking
Requirements.
Two (2) spaces shall be provided per unit located on the lot plus additional spaces for accessory uses as required in Section 29.
14.6.
Additional
Restrictions Applicable to MH-1 District
14.6.1.
Manufactured
housing design and construction will comply with construction and
safety standards published by the Department of Housing and Urban
Development pursuant to the requirements of the National Mobile Home
and Safety Standards Act of 1974 and all manufactured homes will be
subject to inspection by the Building Official.
14.6.2.
All
manufactured homes shall be set on solid slab structure and/or 18"
to 20" runners. Additional rooms and enclosed porches shall be constructed
on a solid slab and in compliance with all City Building codes and
regulations.
14.6.3.
Tie-downs
will be required and will be secured prior to occupancy.
14.6.4.
Underpinning
and skirting of like material and color or better is required and
will be installed prior to occupancy.
14.6.5.
Accessory
buildings will be either manufactured or constructed in accordance
with city codes.
14.6.6.
All
manufactured homes and modular homes shall comply with all regulations
of the State of Texas and such regulations are hereby incorporated
into this section.
14.6.7.
All
manufactured homes and modular homes shall have a 200 square foot
storage facility on a permanent concrete pad and constructed to meet
local building codes.
(Ordinance 2016-06-09-05 adopted 6/9/16)
15.1.
General
Purpose and Description.
The Manufactured Home Park District
is intended to provide for quality mobile home park development and
maintenance. Manufactured home parks are defined as tracts or units
of land under sole ownership where lots are rented or leased as space
to be used for placement of a manufactured home.
15.2.
Permitted
Uses.
A building or lot shall be used only for the following
purposes:
15.2.1.
Manufactured
Home Park of not less than one-half (1/2) nor more than ten (10) acres
in size.
15.2.2.
Uses
normally accessory to a manufactured home park, including office and/or
maintenance buildings for management and maintenance of the park only,
recreation buildings and swimming pools, private clubs, laundry facilities,
storage facilities, and recreation areas for use by the resident of
the park.
15.3.
Permitted
Specific Uses.
The following specific uses shall be permitted in the MH-2 District when granted in accordance with Section 28:
15.5.
Parking
Requirements.
Two (2) spaces shall be provided per unit located on the lot plus additional spaces for accessory uses as required in Section 29.
15.6.
Additional
Restrictions Applicable to Mobile Home Park District
15.6.1.
Manufactured
housing design and construction will comply with construction and
safety standards enacted by the State of Texas, as may be published
by the Department of Housing and Urban Development or a successor
agency pursuant to the requirements of the National Mobile Home and
Safety Standards Act of 1974 and all manufactured homes will be subject
to inspection by the Building Official.
15.6.2.
All
manufactured homes shall be set on a solid slab structure and/or 18"
to 20" runners. Additional rooms and enclosed porches shall be constructed
on a solid slab and in compliance with all City building codes and
regulations.
15.6.3.
Tie-downs
will be required and will be secured prior to occupancy.
15.6.4.
Underpinning
and skirting of like material and color or better will be required
and will be installed prior to occupancy.
15.6.5.
Accessory
buildings will be either manufactured or constructed in accordance
with city codes.
15.6.6.
All
manufactured homes and modular homes shall comply with all regulations
of the State of Texas and such regulations are hereby incorporated
into this section.
15.6.7.
All
manufactured homes and modular homes shall have a 200 square foot
storage facility on a permanent concrete pad and constructed to meet
local building codes.
(Ordinance 2016-06-09-05 adopted 6/9/16)
16.1.
General
Purpose and Description.
The Multifamily Residential
District is intended to provide for medium to higher density residential
development. This district functions as a buffer or transition between
major streets, nonresidential areas, or higher density residential
areas and lower density residential areas. Density in this district
does not ordinarily exceed fifteen (15) units per gross acre.
16.2.
Permitted
Uses.
A building or premise shall be used only for the
following purposes:
16.4.
Height
and Area Regulations.
See Appendix I, Area, Setback,
Height, and Coverage Regulations.[1]
When buildings exceed one (1) story in height, such buildings
shall be constructed in accordance with the existing building and
fire codes.
[1]
Editor's Note: Appendix I is included as an attachment to
this exhibit.
16.5.
Parking
Regulations.
Two and one-half (2.5) off-street parking spaces shall be provided per unit. Required parking may not be provided within the required front yard. Other off-street parking space regulations are set forth in Section 29.
16.6.
Refuse
Facilities.
Every dwelling unit in a multifamily complex
shall be located within two hundred fifty (250) feet of a refuse facility,
measured along the designated pedestrian and vehicular travel way.
There shall be available at all times at least six (6) cubic yards
of refuse container per thirty (30) multifamily dwelling units. For
complexes with less than thirty (30) units, no less than four (4)
cubic yards of refuse container shall be provided. Each refuse facility
shall be screened for [from] view on three (3) sides from persons
standing at ground level on the site or immediately adjoining property,
by an opaque fence or wall of wood or masonry not less than six (6)
feet nor more than eight (8) feet in height or by an enclosure within
a building. Refuse containers shall be provided and maintained in
a manner to satisfy city public health and sanitary regulations. Each
refuse facility shall be located so as to provide safe and convenient
pickup by refuse collection agencies.
16.7.
Screening
Fence.
Border fencing of wood or masonry of not less
than six (6) feet in height shall be installed by the builder at the
time of construction of any multifamily complex, along the property
line on any perimeter not abutting a public street or right-of-way.
The owner of the complex shall maintain this fence throughout the
existence of the multifamily complex.
(Ordinance 2016-06-09-05 adopted 6/9/16)
17.1.
General
Purpose and Description.
The Commercial District - 1
is intended for office facilities, neighborhood shopping facilities,
and retain [retail] and commercial facilities of a service character.
The C-1 District is established to accommodate the daily and frequent
needs of the community. The following regulations shall be applicable
to all uses in the district:
17.1.1.
The
business shall be conducted wholly within an enclosed building;
17.1.2.
Required
yards shall not be used for display, sale, or storage or merchandise
or for the storage of vehicles, equipment, containers, or waste material;
17.1.3.
All
merchandise shall be sold at retail on the premises; and
17.1.4.
Such
use shall not be objectionable because of odor, excessive light, smoke,
dust, noise, vibration, or similar nuisance.
17.2.
Permitted
Uses.
A building or premise shall be used only for the
following purposes:
17.3.
Permitted
Specific Uses.
The following specific uses shall be permitted in the C-1 District, when granted in accordance with Section 28:
(Ordinance 2016-06-09-05 adopted 6/9/16)
18.1.
General
Purpose and Description.
The General Commercial District
is intended to provide a zoning category similar to the C-1 District,
except that additional uses are permitted which are not generally
carried on completely within a building or structure and an expanded
range of service and repair uses is permitted.
18.2.
Permitted
Uses.
A building or premise shall be used only for the
following purposes:
18.2.2.
Large
retail Uses (larger than 40,000 square feet) with building fronts
more than 150' from right-of-way line or building siding 50' from
right-of-way lines are allowed to have outside storage and display
of goods for sale within 50' of building. However, no outside storage
or display can be within 100' of street right-of-way. Furthermore,
required parking and required landscape areas cannot be occupied by
outside storage or display.
(Ordinance 2016-06-09-05 adopted 6/9/16)
19.1.
General
Purpose And Description.
The Heavy Commercial District
- 3 is intended to provide a zoning category similar to the C-2 District,
except that additional uses are permitted which are not generally
carried on completely within a building or structure and an expanded
range of storage and repair uses is permitted.
(Ordinance 2016-06-09-05 adopted 6/9/16)
20.1.
General
Purpose and Description.
The Light Manufacturing/Industrial
District is established to accommodate those uses which are a non-nuisance
type located in relative proximity to residential areas, and to preserve
and protect land designated on the Comprehensive Plan for industrial
development and use from the intrusion of certain incompatible uses
which might impede the development and use of lands for industrial
purposes. Development in the M-1 District is limited primarily to
certain storage, wholesale, and industrial uses, such as the fabrication
of materials, and specialized manufacturing and research institutions,
all of a non-nuisance type. No use or types of uses specifically limited
to the M-2 District may be permitted in the M-1 District.
Uses permitted in the M-1 District are subject to the following
conditions:
20.1.1.
All
business, servicing, or processing, except for off-street loading,
display or merchandise for sale to the public, and establishments
of the "drive-in" type, shall be conducted within completely enclosed
areas.
20.1.2.
All
storage within one hundred (100) feet of a residential district, except
for motor vehicles in operable condition, shall be within completely
enclosed buildings or effectively screened with screening not less
than six (6) feet nor more than eight (8) feet in height, provided
no storage located within fifty (50) feet of such screening shall
exceed the maximum height of screening.
20.1.3.
Permitted
uses in the M-1 District shall not disseminate dust, fumes, gas, noxious
or, smoke, glare, or other atmospheric influence.
20.1.4.
Permitted
uses in the M-1 District shall produce no noise exceeding in intensity,
at the boundary of the property, the average intensity of noise of
street traffic.
20.1.5.
Permitted
uses in the M-1 District shall not create fire hazards on surrounding
property.
20.3.
Permitted
Specific Uses.
The following specific uses shall be permitted in the M-1 District when granted in accordance with Section 28:
20.3.1.
Machine
shops and fabrication of metal not more than ten (10) gauge in thickness.
20.3.2.
Accessory
uses, including but not limited to temporary buildings for construction
purpose for a period not to exceed the duration of such construction.
20.3.3.
Factory
outlet retail or wholesale store for the sales and servicing of goods
or materials on the same premises as the manufacturing company to
which they are related, including sales and service in a separate
building or buildings.
20.3.4.
Railroad
freight terminals, railroad switching and classification yards, repair
shops, and roundhouses.
(Ordinance 2016-06-09-05 adopted 6/9/16)
21.1.
General
Purpose and Description.
The Heavy Manufacturing/Industrial
District is established to accommodate most industrial uses and protect
such areas from the intrusion of certain incompatible uses, which
might impede the development, and use of lands for industrial purposes.
Uses permitted in the M-2 District are subject to the following
conditions:
21.1.1.
All
business, servicing, or processing, except for off-street parking,
off-street loading, display of merchandise for sale to the public,
and establishments of the "drive-in" type, shall be conducted within
completely enclosed buildings unless otherwise indicated.
21.1.2.
All
storage within one hundred (100) feet of a residential district, except
for motor vehicles in operable condition, shall be within completely
enclosed buildings or effectively, screened with screening not less
than six (6) feet nor more than eight (8) feet in height, provided
no storage located within fifty (50) feet of such screening shall
exceed the maximum height of such screening.
21.1.3.
All
uses permitted in the M-2 district must meet the following performance
standards and any appropriate city ordinances:
21.1.3.a.
Smoke:
No operation shall be conducted unless it conforms
to the standards established by any applicable state and federal health
rules and regulations pertaining to emission of particulate matter;
21.1.3.b.
Particulate Matter:
No operation shall be conducted
unless it conforms to the standards established by applicable state
and federal health rules and regulations pertaining to emission of
particulate matter;
21.1.3.c.
Dust, Odor, Gas, Fumes, Glare, or Vibration:
No emission
of these matters shall result in a concentration at or beyond the
property line which is detrimental to the public health, safety or
general welfare or which causes injury or damage to property; said
emissions shall in all cases conform to the standards established
by applicable state and federal health rules and regulations pertaining
to said emissions;
21.1.3.d.
Radiation Hazards and Electrical Disturbances:
No operation
shall be conducted unless it conforms to the standards established
by applicable state and federal health rules and regulations pertaining
to radiation control;
21.1.3.e.
Noise:
No operation shall be conducted in a manner so
that any noise produced is objectionable due to intermittence, beat
frequency, or shrillness. Sound levels of noise at the property line
shall not exceed 75 db(A) permitted for a maximum of fifteen (15)
minutes in any one (1) hour; said operation shall in all cases conform
to the standards established by applicable state and federal health
rules and regulations and to other city ordinances pertaining to noise;
and
21.1.3.f.
Water Pollution:
No water pollution shall be emitted
by manufacturing or other processing. In a case in which potential
hazards exist, it shall be necessary to install safeguards acceptable
to the appropriate State and national health and environmental protection
agencies prior to issuance of a certificate of occupancy. The applicant
shall have the burden of establishing that said safeguards are acceptable
to said agency or agencies.
21.3.
Permitted
Specific Uses.
The following specific uses shall be permitted in the M-2 District when granted in accordance with Section 28:
21.3.1.
Uses as listed in Section 25 of this ordinance.
|
Other manufacturing and industrial uses, which do not meet the general definition for manufacturing processes, may be permitted by the City Council after public hearing and review of the particular operational characteristics of each such use, and other pertinent data affecting the community's general welfare. Approval of uses under this section shall be made in accordance with Section 36.2.2.6.
|
(Ordinance 2016-06-09-05 adopted 6/9/16)
22.1.
General
Purpose and Description.
The Planned Development District
"PD" prefix is intended to provide for combining and mixing of uses
allowed in various districts with appropriate regulations and to permit
flexibility in the use and design of land and buildings in situations
where modification of specific provisions of this ordinance is not
contrary to its intent and purpose or significantly inconsistent with
the planning on which it is based and will not be harmful to the community.
A PD District may be used to permit new and innovative concepts in
land utilization.
22.2.
Permitted
Uses.
Any use specified in the ordinance granting a Planned
Development District shall be permitted in that district. The size,
location, appearance, and method of operation may be specified to
the extent necessary to insure compliance with the purpose of this
ordinance.
22.3.
Development
Standards
22.3.1.
Development
standards for each separate PD District shall be set forth in the
ordinance granting the PD District and may include but shall not be
limited to uses, density, lot area, lot width, lot depth, yard depths
and widths, building height, building elevations, coverage, floor
area ratio, parking, access, screening, landscaping, accessory buildings,
signs, lighting, management associations, and other requirements as
the City Council may deem appropriate.
22.3.2.
In
the PD District, the particular district(s) to which uses specified
in the PD are most similar shall be stated in the granting ordinance.
All PD applications shall list all requested variances from the standard
requirements set forth throughout this ordinance (applications without
this list will be considered incomplete).
22.3.3.
The
ordinance granting a PD District shall include a statement as to the
purpose and intent of the PD granted therein. A specific list is required
of variances in each district or districts and a general statement
citing the reason for the PD request.
22.3.4.
The
Planned Development District shall conform to all other sections of
the ordinance unless specifically exempted in the granting ordinance.
22.4.
Conceptual
and Detailed Site Plan.
In establishing a Planned Development
District, the City Council shall approve and file as part of the amending
ordinance appropriate plans and standards for each Planned Development
District. During the review and public hearing process, the City Council
shall require a conceptual plan and/or detail[ed] site plan.
22.4.1.
Conceptual
Plan.
This plan shall be submitted by the applicant.
The plan shall show the applicant's intent for the use of the land
within the proposed Planned Development District in a graphic manner
and shall be supported by written documentation of proposals and standards
for development.
22.4.1.1.
A conceptual plan for residential land use shall show general use,
thoroughfares, and preliminary lot arrangements. For residential development
which does not propose platted lots, the conceptual plan shall set
forth the size, type, and location of buildings and building sites,
access, density, building height, fire lanes, screening, parking areas,
landscaped areas, and other pertinent development data.
22.4.1.2.
A conceptual plan for uses other than residential uses shall set
forth the land use proposals in a manner to adequately illustrate
the type and nature of the proposed development. Data which may be
submitted by the applicant, or required by the City Council, may include
but is not limited to the types of use(s), topography, and boundary
of the PD area, physical features of the site, existing streets, alleys,
and easements, location of future public facilities, building heights
and locations, parking ratios, and other information to adequately
describe the proposed development and to provide data for approval
which is to be used in drafting the final development plan.
22.4.1.3.
Changes of detail which do not alter the basic relationship of the
proposed development to adjacent property and which do not alter the
uses permitted or increase the density, building height, or coverage
of the site and which do not decrease the off-street parking ratio,
reduce the yards provided at the boundary of the site, or significantly
alter the landscape plans as indicated on the approved conceptual
plan may be authorized by the building official or his designated
representative. If an agreement cannot be reached regarding whether
or not a detail site plan conforms to the original concept plan, the
City Council shall determine the conformity.
22.4.2.
Detailed
Site Plan.
This plan shall set forth the final plans for development of the Planned Development District and shall conform to the data presented and approved on the conceptual plan. Approval of the detailed site plan shall be the prerequisite for issuance of a building permit. The detailed site plan may be submitted for the total area of the PD or for any section [for approval] by the City Council. A public hearing on approval of the detailed site plan shall be required at the Council level, unless such a hearing is waived pursuant to Section 22.4.3.1. at the time of conceptual plan approval in the original amending ordinance. The detailed site plan shall include:
22.4.2.1.
A site inventory analysis including a scale drawing[,] existing vegetation,
natural watercourses, creeks or bodies of water, and an analysis of
planned changes in such natural features as a result of the development.
This should include a delineation of any floodprone areas.
22.4.2.2.
A scale drawing showing any proposed public or private streets and
alleys; building sites or lots; and areas reserved as parks, parkways,
playgrounds, utility easements, school sites, street widening and
street changes; the points of ingress and egress from existing streets;
general location and description of existing and proposed utility
services, including size of water and sewer mains; the location and
width for all curb cuts and the land area of all abutting sites and
the zoning classification thereof on an accurate survey of the tract
with the topographical contour interval of not more than five (5)
feet.
22.4.2.3.
A site plan for proposed building complexes showing the location
of separate buildings, and between buildings and property lines, street
lines, and alley lines. Also to be included on the site plan is a
plan showing the arrangement and provision of off-street parking.
22.4.2.4.
A landscape plan showing screening walls, ornamental planting, wooded
areas, and trees to be planted.
22.4.2.5.
An architectural plan showing elevations and signage style to be
used throughout the development in all districts except single-family
and two-family may be required by the City Council if deemed appropriate.
Any or all of the required information may be incorporated on a single
drawing if such drawing is clear and can be evaluated by the building
official or his designated representative.
22.4.3.
Procedure
for Establishment.
The procedure for establishing a Planned Development District shall follow the procedure for zoning amendments as set forth in Section 39. This procedure is expanded as follows for approval of conceptual and development plans.
22.4.3.1.
Separate public hearings shall be held by City Council for the approval
of the conceptual plan and the development plan or any section of
the development plan, unless such requirements is waived by the City
Council upon a determination that a single public hearing is adequate.
A single public hearing is adequate when:
(a)
The
applicant submits adequate data with the request for the Planned Development
District to fulfill the requirements for both plans; or
(b)
Information
on the concept plan is sufficient to determine the appropriate use
of the land and the detail site plan will not deviate substantially
from it; and
(c)
The
requirement is waived at the time the amending ordinance is approved.
If the requirement is waived, the conditions shall be specifically
stated in the amending ordinance.
22.4.3.2.
The ordinance establishing the Planned Development District shall
not be approved until the conceptual plan is approved.
22.4.3.3.
The development plan may be approved in sections. When the plan is
approved in sections, the separate approvals by the City Council for
the initial and subsequent sections will be required.
22.4.3.4.
An initial site plan shall be submitted for approval within six (6)
months from the approval of the conceptual plan or some portion of
the conceptual plan. If the site plan is not submitted within six
(6) months, the conceptual plan is subject to reapproval by the City
Council. If the entire project is not completed within two (2) years,
the City Council may review the original conceptual plan to ensure
its continued validity.
22.4.3.5.
Regardless of whether the public hearing is waived for the development
plan, approval by the City Council is still required.
22.5.
Written
Report May Be Required.
When a PD is being considered,
a written report may be requested of the applicant discussing the
impact on planning, engineering, water utilities, electric, sanitation,
building inspection, tax, police, fire, and traffic. Written comments
from the applicable public school district and from private utilities
may be submitted to the City Council.
22.6.
Planned
Developments To Be Recorded.
All Planned Development
Districts approved in accordance with the provisions of this ordinance
in its original form or by subsequent amendment thereto, shall be
referenced on the Zoning District Map, and a list of such Planned
Development Districts, together with the category of uses permitted
therein, shall be maintained in an appendix of this ordinance.
Editor's note–The appendix referred to in
section 22.6 is not printed herein.
(Ordinance 2016-06-09-05 adopted 6/9/16)
23.1.
General
Purpose and Description.
The Floodplain District is designed
to provide for the appropriate use of land which has a history of
inundation or is determined to be subject to flood hazard, and to
promote the general welfare and provide protection from flooding portions
of certain districts. Such areas are designated with a Floodplain
Prefix, FP.
23.2.
Permitted
Uses.
The permitted uses in that portion of any district
having a Floodplain (FP) prefix shall be limited to the following:
23.2.1.
Agricultural
activities including the ordinary cultivation or grazing of land and
legal types of animal husbandry but excluding construction of barns
or other outbuildings.
23.2.2.
Off-street
parking incidental to any adjacent main use permitted in the district
however parking should be limited to areas where the depth of flow
of stormwater during a 25-year storm would be less than or equal to
.50 feet.
23.2.3.
All
types of local utilities including those requiring specific use permits.
23.2.4.
Parks,
playgrounds, public golf courses (no structures), and other recreational
areas.
23.2.5.
Private
open space as part of a Planned Residential Development.
23.2.6.
Structures,
installations, and facilities installed, operated, and maintained
by public agencies for flood control purposes.
23.2.7.
Bridle
trail, bicycle, or nature trial.
23.3.
City
Council Approval Required.
No structure, including above-ground
utility poles, shall be erected in that portion of any district designated
with a Floodplain, FP, prefix until and unless such structure has
been approved by the City Council after engineering studies have been
made and it is ascertained that such building or structure is not
subject to damage by flooding and would not constitute an encroachment,
hazard, or obstacle to the movement of floodwaters and that such construction
would not endanger the value and safety of other property or public
health and welfare.
(Ordinance 2016-06-09-05 adopted 6/9/16)
24A.1.
General
Purpose and Description.
The Thoroughfare District is
designed to provide for the diverse uses that can take advantage of
the access provided by a major arterial or freeway, without sacrificing
the integrity of the thoroughfare or freeway in its primary function
as a means of moving vehicular traffic through the community. This
district is established to create an attractive, higher intensity
use corridor composed primarily of office, retail, limited light industrial
and commercial uses, hotels, motels, and restaurants. To protect the
integrity of the thoroughfare, minimum lot sizes will be larger, setback
requirements will be greater, and more stringent access restrictions
will be imposed in the THOR District than in other commercial and
industrial districts. The THOR District should have increased water,
sewer, and drainage capacity, and increased fire protection to accommodate
the higher intensity uses typically found in the district. The THOR
District is an overlay district, meaning that the regulations within
the district are in addition to the base district that is being overlaid.
24A.2.
24A.4.
Special
Regulations.
In addition to Section 27.3 [sic], Dimensional
Requirements, the following requirements shall apply where required:
24A.4.1.
Access.
Entries/exits on each development lot shall
be separated by a minimum of one hundred feet and no more than two
(2) such entries/exits shall be provided per street frontage for each
development lot.
24A.4.2.
Masonry Requirements.
A minimum of seventy-five percent
(75%) of the exterior of any building shall be of masonry construction.
24A.4.3.
Landscape Requirements.
A 15' landscape setback from
all streets is required. No parking is allowed within this setback.
At a minimum the Landscape setback will contain the following:
24A.4.3.a.
any surface except sidewalks and drive approaches shall be planted
with ground cover or grass.
24A.4.3.b.
one tree (2" caliper measured 1' above grade) for every 35 linear
feet of public street frontage, excluding drive approach shall be
planted. Trees may be spaced 20' to 50' apart.
24A.4.3.c.
parking, maneuvering, loading areas for people, or vehicular display
and storage and boat areas which are not screened by on-site buildings
or fences shall be screened from view of streets. The screening shall
be a minimum height of 3' above the grade of the parking lot and adjacent
to the parking lot. Screens shall be opaque and consist of one or
a combination of screening shrubs, walls, and/or berms. Screening
shrubs shall be spaced a maximum of 3' on center and shall be a minimum
of five-gallon containers, and shall be capable of reaching a minimum
height of 3' within 18 months of planting.
24A.4.3.d.
landscaping installed as part of the requirements must be maintained
in a healthy, growing condition at all times. The property owner is
responsible for regular weeding, mowing of grass, irrigating, fertilizing,
pruning and other maintenance of all plantings as needed. All landscaped
areas shall be irrigated with an irrigation system capable of providing
the proper amount of water for the particular type of plant material
used.
24A.4.4.
Reserved.
(Ordinance 2016-06-09-05 adopted 6/9/16)
There is hereby created the "F-B - Food-Beverage Overlay District"
(also referred to in this Ordinance as "F-B Overlay District").
Immediately upon the adoption of this ordinance, areas within the corporate limits of the City of Gunter that fall within the area(s) described in Appendix 2 shall constitute F-B Overlay Districts.
Editor's note–Appendix 2 referred to in the above paragraph is not printed herein.
The regulations contained in this section are intended to be
overlay zoning and will be applied in conjunction with all underlying
zoning that currently exists within an F-B Overlay District. The regulations
of the underlying zoning, and all other applicable regulations, remain
in effect. If provisions of the F-B Overlay District conflict with
provisions of the underlying zoning or any other regulations, the
provisions of the F-B Overlay District shall prevail.
It shall be unlawful for any Food-Beverage Store to be constructed,
erected, or placed closer than 500 feet to another existing Food-Beverage
Store unless the City Council grants a special use permit for a particular
establishment that wishes to develop a Food-Beverage Store less than
500 feet from an existing Food-Beverage Store. An establishment is
considered to be an "existing Food-Beverage Store" once the final
plat for its development has been approved by the City Council, even
if it is not yet constructed or operational.
The measurement of the distance between Food-Beverage Stores
shall be along the property lines of the street fronts and from front
door to front door, and in direct line across intersections.
(Ordinance 2016-06-09-05 adopted 6/9/16)
[1]
Original has this as Section 20B.
24C.1.
Overlay
District Created and Defined.
There is hereby created the SF-O - Residential Old Town Overlay
District.
The regulations contained in this section are intended to be
overlay zoning and will be applied in conjunction with all underlying
zoning that currently exists within the district. The regulations
of the underlying zoning, and all other applicable regulations remain
in effect. If provisions of the SF-O - Residential Old Town Overlay
District conflict with provisions of the underlying zoning or any
other regulations, the provisions of the SF-O - Residential Old Town
Overlay District shall prevail.
The area to be covered by the overlay district created by this
section includes the entirety of the Old Town Plat and the Supplementary
Plat of the City of Gunter that is zoned as SF-1 Single-Family Residential
District-1, SF-2 Single-Family Residential District-2, and TF Two-Family
Residential (Duplex) District.
24C.2.
Setback
Requirements.
The minimum setbacks for any lot in the
SF-O - Residential Old Town Overlay District shall be as follows:
Front yard setback: 20'
Rear yard set back: 20'
Side yard setback: 5'
24C.3.
Minimum
Dwelling Size.
The minimum dwelling size in the SF-O
- Residential Old Town Overlay District shall be 1,400 square feet
of air-conditioned space.
(Ordinance 2020-03-19-01 adopted 3/19/20)
No land shall hereafter be used and no building or structure
shall hereafter be occupied, used, erected, altered, removed, placed,
demolished or converted which is arranged or designed to be used for
other than those uses specified for the district in which it is located
as set forth by the following Schedule of Uses listed in the following
tables.
|
Table 1 - Accessory and Incidental
|
|
Table 2A - Educational, Institutional, and Special
|
|
Table 2B - Educational, Institutional, and Special (cont.)
|
|
Table 3 - Transportation, Utility, and Communications
|
|
Table 4 - Automobile and Related Service
|
|
Table 5A - Office, Retail, Commercial and Service Type
|
|
Table 5B - Office, Retail, Commercial and Service Type (cont.)
|
|
Table 5C - Office, Retail, Commercial and Service Type (cont.)
|
|
Table 6A - Manufacturing, Storage and Warehousing
|
|
Table 6B - Manufacturing, Storage and Warehousing (cont.)
|
|
Table 6C - Manufacturing, Storage and Warehousing (cont.)
|
|
Table 6D - Manufacturing, Storage and Warehousing (cont.)
|
Editor's note–As set out in the ordinance,
the use tables were numbered as 25.1, 25.2, etc., and not as listed
above.
|
LEGEND FOR INTERPRETING SCHEDULE OF USES
| |
|
X
|
Designates use permitted in district indicated.
|
|
|
Designates use prohibited in district indicated
|
|
C
|
Designates use which may be approved as Specific Use Permit
|
The numbers in the "note" column refer to description/definitions listed in Section 23 [Section 26] Descriptions/Definitions of Uses. Additional regulations relating to use of land and buildings in individual zoning districts are listed in Sections 8 through 23 and Section 28 of this ordinance.
Editor's note–As set out in the ordinance,
the use tables did not contain the "note" column referred to in the
above paragraph.
25.1.
ACCESSORY
AND INCIDENTAL USES
|
TYPE OF USE
|
ACCESSORY AND INCIDENTAL USES
| ||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
|
A
|
SF-E
|
SF-1
|
SF-2
|
TH
|
TF
|
MF
|
MH-1
|
MH-2
|
C-1
|
C-2
|
C-3
|
M-1
|
M-2
|
PD
|
|
Accessory building to main use
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Boat; boat trailer
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Billboard, advertising
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Carport
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Construction yard, temporary
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
Home occupation
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
|
|
|
X
|
|
Field/sales office
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
Garage, private
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
|
|
|
X
|
|
Motor home
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
|
|
|
X
|
|
Trailer; cattle trailer/ travel trailer/etc.
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
|
|
|
X
|
25.2.
RESIDENTIAL
TYPE USES.
|
TYPE OF USE
|
RESIDENTIAL TYPE USES
| ||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
|
A
|
SF-E
|
SF-1
|
SF-2
|
TH
|
TF
|
MF
|
MH-1
|
MH-2
|
C-1
|
C-2
|
C-3
|
M-1
|
M-2
|
PD
|
|
Boarding/rooming house
|
|
|
|
|
|
|
C
|
|
|
|
|
|
|
|
X
|
|
Dormitory
|
|
|
|
|
|
|
C
|
|
|
|
|
|
|
|
X
|
|
Duplex
|
|
|
|
|
|
X
|
C
|
|
|
|
|
|
|
|
X
|
|
Garden (patio) home
|
|
|
|
|
|
|
C
|
|
|
|
|
|
|
|
X
|
|
Guest house
|
|
|
|
|
|
|
C
|
|
|
|
|
|
|
|
X
|
|
Manufactured housing, HUD-code
|
|
|
|
|
|
|
|
X
|
|
X
|
|
|
|
|
|
|
Manufactured home park
|
|
|
|
|
|
|
|
|
X
|
|
|
|
|
|
X
|
|
Manufactured home subdivision
|
|
|
|
|
|
|
|
X
|
|
|
|
|
|
|
X
|
|
Mobile home
|
|
|
|
|
|
|
|
C
|
C
|
|
|
|
|
|
|
|
Motel/motor hotel/motor lodge
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
X
|
X
|
X
|
|
Move-in houses
|
|
C
|
C
|
C
|
|
|
|
|
|
|
|
|
|
|
|
|
Multiple-family residence
|
|
|
|
|
|
|
X
|
|
|
|
|
|
|
|
X
|
|
Residence hotel
|
|
|
|
|
|
|
X
|
|
|
C
|
C
|
C
|
|
|
X
|
|
Retirement housing
|
|
|
|
|
|
|
X
|
|
|
|
|
|
|
|
X
|
|
Servant's/caretaker's/guard's residence
|
|
C
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Single-family dwelling, attached
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
|
|
|
|
|
X
|
|
Single-family dwelling, detached
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
|
|
|
|
|
X
|
|
Townhouse/row dwelling
|
|
|
|
|
X
|
X
|
X
|
|
|
|
|
|
|
|
X
|
|
Travel trailer park
|
|
|
|
|
|
|
|
|
|
|
X
|
|
|
|
|
|
Two-family dwelling
|
|
|
|
|
|
X
|
X
|
|
|
|
|
|
|
|
X
|
|
Zero lot line house
|
|
|
|
|
X
|
X
|
X
|
|
|
|
|
|
|
|
X
|
25.3.
EDUCATIONAL,
INSTITUTIONAL, AND SPECIAL USES.
|
TYPE OF USE
|
EDUCATIONAL, INSTITUTIONAL, AND SPECIAL USES
| ||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
|
A
|
SF-E
|
SF-1
|
SF-2
|
TH
|
TF
|
MF
|
MH-1
|
MH-2
|
C-1
|
C-2
|
C-3
|
M-1
|
M-2
|
PD
|
|
Cemetery/mausoleum
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
|
Child-care center
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
C
|
|
|
|
Church/parsonage/rectory/place of worship
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Civic center
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
College/university
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Community center, private
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
X
|
|
Community center, public
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Continuing care facility
|
|
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
X
|
|
|
X
|
|
Country club, private
|
X
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
|
|
|
X
|
X
|
X
|
|
Exhibition area
|
X
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
C
|
C
|
X
|
|
Fairgrounds
|
X
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
C
|
X
|
|
Family home
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
|
|
|
|
|
|
X
|
|
Farm/ranch/orchard
|
X
|
C
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
|
|
Feedlot; livestock
|
C
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Fraternal organization/lodge/civic club
|
X
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Golf course/driving range
|
X
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
|
Greenhouse/plant nursery, commercial
|
X
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
|
|
Greenhouse/plant nursery, noncommercial
|
X
|
X
|
X
|
X
|
X
|
X
|
|
X
|
|
|
|
|
|
|
X
|
|
Health club/gymnasium
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
|
X
|
|
Hospital, chronic/acute/ long-term care
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
C
|
X
|
|
Hospital
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
C
|
X
|
|
Household care facility
|
|
|
|
|
|
|
X
|
C
|
C
|
X
|
X
|
X
|
|
|
|
|
Kennel
|
C
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
|
|
Library
|
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
X
|
X
|
X
|
X
|
|
X
|
|
Museum/art gallery
|
X
|
C
|
C
|
C
|
C
|
C
|
C
|
|
|
X
|
X
|
X
|
X
|
|
X
|
|
Nursery school/kindergarten
|
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
X
|
X
|
|
|
X
|
|
Park/playground/recreation center, private
|
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
|
|
|
|
|
Park/playground/recreation center, public
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Personal care home, custodial care
|
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
|
|
|
|
C
|
|
Prison/jail/place of incarceration
|
C
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
|
|
Racetrack
|
C
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Registered family home
|
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
|
X
|
|
Rehabilitation care, facility
|
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
X
|
|
Rehabilitation care, institution
|
C
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
X
|
|
Rest home/nursing home
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Rodeo arena & grounds
|
C
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
|
School private; primary/secondary
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
X
|
X
|
X
|
C
|
|
X
|
|
School public; primary/secondary
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
X
|
X
|
X
|
C
|
|
X
|
|
School, trade/commercial
|
C
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
X
|
X
|
X
|
|
Shooting range/target range, indoor
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
C
|
C
|
|
|
Shooting range/target range, outdoor
|
C
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Stable, commercial
|
X
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
|
Stadium/play field, public
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Swimming pool, private
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
C
|
C
|
C
|
C
|
C
|
X
|
|
Swimming pool, commercial/public
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
Wedding, reception facility, special events center
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
C
|
|
|
25.4.
TRANSPORTATION,
UTILITY, AND COMMUNICATIONS USES.
|
TYPE OF USE
|
TRANSPORTATION, UTILITY, AND COMMUNICATIONS USES
| ||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
|
A
|
SF-E
|
SF-1
|
SF-2
|
TH
|
TF
|
MF
|
MH-1
|
MH-2
|
C-1
|
C-2
|
C-3
|
M-1
|
M-2
|
PD
|
|
Airport/landing field
|
C
|
C
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
|
|
Electric power generating plant
|
C
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Electrical substation
|
X
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
X
|
X
|
X
|
|
Franchised utility (public or private)
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Gas metering station
|
X
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
X
|
|
|
Heliport or helistop
|
C
|
C
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Landfill
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
|
|
Liquefied petroleum gas, storage/sale (no bulk plants)
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
|
|
Radio/television/ telephone/microwave tower; amateur
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
Radio/television/telephone/microwave tower; commercial
|
C
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
C
|
|
Radio station
|
X
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
Railroad team track & right-of-way
|
X
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
Railroad track & right-of-way
|
X
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
Service yard of government agency
|
C
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Sewage pumping station
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Sewage treatment plant
|
C
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
|
Shops/office/storage area of public/private utility
|
C
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
| |
|
Solid waste transfer station
|
C
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Telephone exchange station
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
X
|
X
|
|
|
Transit station/turnaround
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Water pumping station/well
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Water storage, elevated
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Water storage, ground
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Water treatment plant
|
C
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
|
25.5.
AUTOMOBILE
AND RELATED SERVICE USES.
|
TYPE OF USE
|
AUTOMOBILE AND RELATED SERVICE USES
| ||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
|
A
|
SF-E
|
SF-1
|
SF-2
|
TH
|
TF
|
MF
|
MH-1
|
MH-2
|
C-1
|
C-2
|
C-3
|
M-1
|
M-2
|
PD
|
|
Auto laundry
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Auto leasing
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
X
|
|
Auto paint & body shop
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
|
|
Auto parts sales, inside
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
|
Auto parts sales, outside
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
|
|
Auto repair, major
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
|
|
Auto repair, minor
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
|
|
Auto sales, new
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
|
|
Auto sales, used
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
|
|
Auto service station
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
|
|
Auto wrecking yard/ salvage yard
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Bus terminal
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
Carwash
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Farm equipment, sales, indoor
|
C
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
|
Farm equipment sales, outdoor
|
C
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
|
Farm equipment repair & service, major
|
C
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
|
Farm equipment repair & service, minor
|
C
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
|
Machinery sales & service, heavy
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
|
Motorcycle sales & service
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
X
|
|
Parking lot/parking garage, light
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Parking lot/parking garage, heavy
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
|
Quick oil change facility
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Tire dealer, inside storage
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
|
Tire dealer, outside storage
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
|
Tire retreading/recapping
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Trailer sales, new
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
|
|
Trailer sales, used
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
|
|
Truck & bus leasing
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
|
|
Truck & bus repair
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Truck/motor freight terminal
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
|
|
Truck sales, new
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
|
Truck sales, used
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
25.6.
OFFICE,
RETAIL, COMMERCIAL, AND SERVICE TYPE USES.
|
TYPE OF USE
|
OFFICE, RETAIL, COMMERCIAL, AND SERVICE TYPE USES
| ||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
|
A
|
SF-E
|
SF-1
|
SF-2
|
TH
|
TF
|
MF
|
MH-1
|
MH-2
|
C-1
|
C-2
|
C-3
|
M-1
|
M-2
|
PD
|
|
Air conditioning & refrigeration contractor
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
|
Alcoholic beverage store and/or alcoholic beverage establishment
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
|
|
X
|
|
Amusement, commercial (indoor)
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
X
|
|
Amusement, commercial (outdoor)
|
C
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
|
Antique shop
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
|
|
|
|
Arcade
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
C
|
C
|
C
|
|
Arts & crafts store, inside sales
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Arts & crafts store, outside sales
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Auction (not to include auto/truck/trailer)
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
C
|
C
|
C
|
|
Bakery & confectionery, retail sales
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Bakery & confectionery, commercial
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
|
Bank/savings & loan/credit union
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Barbershop
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Barber school/college
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Beauty culture school/ cosmetology specialty shop
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Beauty shop
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Boat sales & storage
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
|
Building materials, inside sales
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Building materials, outside sales
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
X
|
|
Business service
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Cabinet & upholstery
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
|
Cleaning & dyeing, small plant/shop
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Clinic, medical/dental
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Club, private
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
C
|
X
|
|
Convenience store
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Custom personal service shop
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Discount/variety/department store
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Drapery/needlework/weaving shop
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Dry cleaning
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Feed & farm supply, inside sales/storage
|
C
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
Feed & farm supply, outside sales/storage
|
C
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
|
Flea market
|
C
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
C
|
C
|
C
|
|
Florist
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Food/grocery store
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Furniture/appliance store
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Furniture/appliance service & repair
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Garden center, retail sales
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
X
|
|
General merchandise store
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Gymnastic/dance studio
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Handcraft shop
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Household appliance service & repair
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Laboratory, medical/dental
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Laboratory, scientific or research
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
|
Laundry & cleaning, commercial
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
Laundry & cleaning, self-service
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
Manufactured housing/ mobile [home] display & sales
|
|
|
|
|
|
|
|
C
|
C
|
|
C
|
C
|
X
|
X
|
X
|
|
Massage establishment
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
|
|
|
|
Medical supplies/sales/service
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
|
Metal dealer, crafted precious
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Metal dealer, secondhand
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Mortuary/funeral home
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
X
|
X
|
X
|
|
Newspaper printing
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
|
Office center
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
X
|
|
Office; professional/general administrative
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Office; showroom/warehouse
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
X
|
|
Pawnshop
|
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
C
|
|
Pet shop
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Pharmacy
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Plumbing/heating/refrigeration/air condition
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
Plumbing service
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
|
Portable building sales
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
|
Post office; government/private
|
|
|
|
|
|
|
|
|
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Print shop
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
X
|
X
|
X
|
|
Racquetball facilities
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
X
|
X
|
X
|
|
Restaurant/cafeteria, with drive-in service or drive through
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Restaurant/cafeteria, dine-in service only
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Retail shops/stores
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
X
|
|
Sexually Oriented Business
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Secondhand store, furniture/clothing
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
X
|
|
Service, retail
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
X
|
|
Shopping center
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Studio, artist/musician/photographer
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
X
|
|
Studio, radio/television
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
X
|
|
Taxidermist
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
X
|
|
Temporary food vendor
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
|
|
|
|
Theater, indoor
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
C
|
C
|
C
|
|
Theater, outdoor
|
C
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
C
|
C
|
|
Tool rental shop
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
X
|
|
Trailer rental
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
|
Veterinarian clinic, inside pens
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
X
|
X
|
|
Veterinarian clinic, outside pens
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
X
|
X
|
25.7.
MANUFACTURING,
STORAGE, AND WAREHOUSING USES.
|
TYPE OF USE
|
MANUFACTURING, STORAGE, AND WAREHOUSING USES
| ||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
|
A
|
SF-E
|
SF-1
|
SF-2
|
TH
|
TF
|
MF
|
MH-1
|
MH-2
|
C-1
|
C-2
|
C-3
|
M-1
|
M-2
|
PD
|
|
Acetylene gas manufacture or storage
|
C
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Advertising displays manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Apparel & other products assembled from finished textiles
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Arsenal
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Asphalt manufacture/refining
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Bag cleaning
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Boats, building or repair
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Boiler works
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Bookbinding, excluding hand binding
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Bottling works
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Brick/tile/pottery/ terra-cotta manufacture, other than handcraft
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
|
|
Brooms/brushes, manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Building materials, inside storage
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
|
|
Building materials, outside storage
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
X
|
|
|
Cameras/photographic equipment
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
X
|
X
|
|
|
Candle manufacture
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
|
|
Carpet manufacture or cleaning
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
|
|
Celluloid manufacture or treatment
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Cement/lime/gypsum/plaster of paris manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Ceramic/stone/glass/ marble/porcelain products manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Chemical manufacturing
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Cleaning & dyeing; dry cleaning plant
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Concrete
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
|
|
Contractor's shop & storage yard (temporary)
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
|
Cosmetic manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Cotton gin
|
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
|
|
Cotton seed oil manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
|
|
Dairy processing, manufacturing products
|
C
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
|
|
Distillation of bones, coal or wood
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Drugs or pharmaceutical products manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
|
|
Electrical appliances, supplies, and machinery, assemble or
manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Electronic products, assembly
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
|
|
Electronic products, manufacture
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
|
|
Emery cloth/sandpaper manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
|
|
Explosives/fireworks manufacture/storage
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Fat rendering
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Fertilizer manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Fiberglass manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Food products processing
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
X
|
|
|
Forge plant
|
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
|
|
Foundry; iron/steel/brass/copper
|
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
|
|
Fur good manufacture (not including tanning or dyeing)
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Furniture & upholstery manufacture
|
|
|
|
|
|
|
|
|
|
C
|
C
|
C
|
X
|
X
|
|
|
Garbage/offal or dead animal reduction
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Gas manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
General commercial plant
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
|
|
Glass products
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Glue or gelatin manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Grain elevator
|
C
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Hatchery
|
C
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Household appliance products assembly & manufacture from
prefabricated parts
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
| |
|
Ice production, dry or natural
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
|
|
Industrial park
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Junkyard/salvage yard
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Laundry plant
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Light manufacturing
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Livestock feed yards
|
C
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Mill, grain/flour/food products
|
C
|
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
|
|
Mines & quarries
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Musical instrument manufacture
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
|
|
Oilfield service
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
|
|
Oil/gas/other mineral extraction
|
C
|
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
|
|
Oilcloth/linoleum manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
|
|
Ore reduction
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Orthopedic or medical appliance manufacture
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
|
|
Paint/oil/shellac/turpentine/varnish manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Paper products manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Petroleum products, sales, wholesale
|
C
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
|
|
Petroleum products, bulk quantities
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Pipe sales & supply
|
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
|
|
Plastic products manufacture (not including processing or [of]
raw materials)
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
|
|
Pump sales/repair & maintenance
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
|
|
Scrap metal sales & storage
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Self-storage; mini-warehouse
|
C
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
| |
|
Sporting [or] athletic equipment manufacture
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
|
|
Steel fabrication
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
|
|
Storage/wholesale warehouse, light
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
X
|
|
|
Storage/wholesale warehouse, heavy
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
|
|
Tire recapping/vulcanizing
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Tools/hardware manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
X
|
|
|
Toys/novelty projects manufacture
|
|
|
|
|
|
|
|
|
|
|
|
C
|
C
|
X
|
|
|
Window shade/awnings/venetian blind manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
X
|
X
|
|
|
Wrecking/junk/salvage yard
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
|
Yeast manufacture
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C
|
|
(Ordinance 2016-06-09-05 adopted 6/9/16; Ordinance 2017-03-23-01, sec. 2.01, adopted 3/23/17; Ordinance 2022-03-17-03 adopted 3/17/2022)
26.1.
Residential
Uses.
26.1.1.
Boarding
or Rooming House:
A building, other than hotel or multiple-family
dwelling, where lodging is provided to persons for compensation, and
where facilities for food preparation are not provided in individual
rooms. Facilities usually referred to, as "bed and breakfast" arrangements
are included in this definition.
26.1.2.
Dormitory:
A building in which housing is provided for individual students
under the general supervision or regulation of an accredited college
or university and as distinguished from an apartment, hotel, motel,
or rooming house. A dormitory may provide apartment units for guests,
faculty, or supervisory personnel on a ratio not to exceed one (1)
such apartment unit for each fifty (50) students for which the building
is designed. Individual rooms or suites of rooms may have cooking
facilities. The dormitory may include facilities such as a commissary
and/or snack bar, lounge, and study area, dining halls, and accessory
kitchen, recreation facilities, and laundry, provided that these facilities
are for the benefit and use of the occupants and their guests and
not open to the general public.
26.1.3.
Duplex:
See Two-Family Dwelling, Section 26.1.20 [Section 26.1.19].
26.1.4.
Guest
House:
Living quarters within a detached accessory building
located on the same premises with the main building, for use by temporary
guests of the occupants of the premises, such quarters having kitchen
facilities and not rented or otherwise used as a separate dwelling.
26.1.5.
Industrialized
Housing:
A residential structure designed for use and
occupancy by one (1) or more families, constructed in one (1) or more
modular components built at a location other than the permanent residential
site, designed to be used as a permanent residential structure when
the modules or modular components are transported to the permanent
residential site and are erected or installed on a permanent foundation
system. The term shall not mean or apply to (a) housing constructed
of sectional or panelized systems not utilizing modular components;
or (b) any ready-built home which is constructed so that the entire
living area is contained in a single unit or section at a temporary
location for the purpose of selling it and moving it to another location.
26.1.6.
Manufactured
Housing, HUD-Code:
A structure, constructed on or after
June 15, 1976, according to the rules of the United States Department
of Housing and Urban Development, transportable in one (1) or more
sections, which, in the traveling mode, is eight (8) body feet or
more in width or forty (40) body feet or more in length, or, when
erected on-site, is three hundred twenty (320) or more square feet,
and which is built on a permanent foundation when connected to the
required utilities, and includes the plumbing, heating, air conditioning,
and electrical systems. All references in this ordinance to manufactured
housing or manufactured home(s) shall be references to HUD-Code Manufactured
Housing, unless otherwise specified.
26.1.7.
Manufactured
Home Park:
Any tract of land under single ownership of
not less than one-half (1/2) acres and not more than ten (10) acres
approved for occupancy by manufactured housing and accessory structures
related thereto and designed and operated in accordance with standards
herein set forth or as set forth in any other ordinance of the City
of Gunter relating to the location, use, construction, operation,
or maintenance of manufactured housing.
26.1.8.
Manufactured
Home Subdivision:
A tract of land of not less than two
(2) acres which has been final platted of record in its entirety in
accordance with the subdivision regulations of the City for occupancy
primarily by HUD-Code manufactured housing and industrialized housing.
26.1.9.
Mobile
Home:
A structure constructed before June 15 1976, transportable
in one or more sections which, in the traveling mode, is eight (8)
body feet or more in width or forty (40) body feet or more in length,
or, when erected on-site, is three hundred twenty (320) or more square
feet, and which is built on a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air
conditioning, and electrical systems.
26.1.10.
Motel, Motor Hotel, or Motor Lodge:
A building or group
of buildings designed for and occupied as a temporary dwelling place,
providing four (4) or more room units for compensation. Units provided
for the customers and where the operation is supervised by a person
or persons in charge at all hours. A motel, motor hotel, or motor
lodge may include restaurants, clubrooms, banquet halls, ballrooms
and meeting rooms as accessory uses.
26.1.11.
Multiple-Family Residence:
Any building or portion thereof
which is designed, built, rented, leased, or let to be occupied as
three (3) or more dwelling units or apartments or which is occupied
as a home or place of residence by three (3) or more families living
in independent dwelling units.
26.1.12.
Residence Hotel:
A multi-dwelling unit extended stay-lodging
facility consisting of efficiency units or suites with a complete
kitchen suitable for long-term occupancy. Customary hotel services
such as linen, maid service, telephone, and upkeep of furniture shall
be provided. Meeting room, clubhouse and recreational facilities intended
for the use of residents and their guests are permitted. This definition
shall not include other dwelling units as defined in this ordinance.
26.1.13.
Retirement Housing:
A development providing dwelling
units specifically designed for the needs of ambulatory or retired
persons. The following subsidiary uses shall be permitted to provide
on-site goods and services for residents and their guests, but are
not intended for use by the general public:
a)
cafeteria
and/or dining room
b)
library
c)
game
room
d)
swimming
pool and/or Jacuzzi
e)
exercise
room
f)
arts
and crafts facilities
g)
greenhouse
h)
housekeeping
service
i)
transportation
service
j)
snack
bar with a maximum of 350 square feet per 100 dwelling units
k)
beauty/barber
shop with a maximum of 250 square feet per 100 dwelling units or a
maximum of 450 square feet per 100 dwelling units [sic]
l)
convenience
retail shop with maximum of 350 square feet per 100 dwelling units
to provide for sale of food items, non-prescription drugs, small household
items, and gifts.
26.1.14.
Servant's, Caretaker's, or Guards' Residence:
An accessory
building or portion of an accessory building located on the same lot
or grounds with the main building, containing not more than one kitchen
and at least one bathroom facility and used as living quarters for
a person or person[s] employed on the premises for not less than fifty
percent (50%) of his/her actual working time, and not otherwise used
or designed as a separate place of abode, provided the living area
of such quarters shall not exceed six hundred (600) square feet.
26.1.15.
Single-Family Dwelling Attached:
A dwelling that is
part of a structure containing three (3) or more dwellings, each designed
and constructed for occupancy by one family, with each dwelling unit
attached by a common wall to another with a minimum length of attachment
of twenty (20) feet, in which each dwelling is located on a separate
platted lot.
26.1.16.
Single-Family Dwelling, Detached:
A detached building
designed exclusively for occupancy by one (1) family, excluding manufactured
housing and modular homes.
26.1.17.
Townhouse or Row Dwelling:
One of a series of not less
than three (3) nor more than ten (10) attached one (1) family dwellings
under common roof with common exterior wall, and separated from one
another by single partition walls without openings from basement to
roof. No townhouse dwelling unit is to be constructed above another
townhouse dwelling unit.
26.1.18.
Travel Trailer Park:
Any tract of land under single
ownership, two (2) acres or more, where accommodations are provided
for travel trailer use.
26.1.19.
Two-Family Dwelling:
A building designed for occupancy
by two (2) individuals or families living independently of each other
within separate units which have a common wall and are under one (1)
roof.
26.1.20.
Zero Lot Line House:
A residence allowed to have little
or no side yard on one side, where the wall on that side has no doors,
windows, or other openings and which otherwise qualifies for a one-hour
fire rating as defined in the building code.
26.2.
Educational,
Institutional, and Special Uses
26.2.1.
Child-Care
Center:
An establishment where four (4) or more children
are provided care, training, education, custody, treatment, or supervision
for less than 24 hours a day. The term "day-care center" shall not
include overnight lodging, medical treatment, counseling, or rehabilitative
services and does not apply to any school. (Also see Registered Family
Home.)
26.2.2.
Church,
Rectory, or Place of Worship:
A building for regular
assembly for religious worship which is used primarily for such purpose
and customary accessory activities including a place of residence
for ministers, priests, rabbis, teachers, or directors on the premises.
26.2.3.
Civic
Center:
A building or complex of buildings that houses
municipal offices and services and which may include cultural, convention
and/or entertainment facilities owned and/or operated by a governmental
agency.
26.2.4.
College
or University.
An institution established for educational
purposes offering courses of study beyond the secondary education
level, but excluding trade and commercial schools.
26.2.5.
Community
Center, Public:
A building or buildings dedicated to
social and/or recreational activities, serving the city or a neighborhood
and owned and operated by the city or by a nonprofit organization
dedicated to promoting the health, safety, morals, or general welfare
of the city.
26.2.6.
Community
Center, Private:
A building or buildings dedicated to
social and/or recreational activities serving residents of a subdivision
or development which is operated by an association or incorporated
group for their use and benefit.
26.2.7.
Continuing
Care Facility:
A place as defined in the Texas Continuing
Care Facility Disclosure and Rehabilitation Act in which a person
provides board and lodging, together with personal care services and
nursing services, medical services, or other health-related services,
regardless of whether the services and lodging are provided at the
same location, under an agreement that requires the payment of a fee
and that is effective for the life of the individual or for a period
of more than one (1) year, such individual or individuals being cared
for not being related by consanguinity or affinity to the person providing
the care. (Also see Household Care Facility and Household Care Institution,
and Personal Care Home.)
26.2.8.
Country
Club (Private):
Land and buildings customarily containing
a golf course and a clubhouse and available only to specific private
membership; such a club may contain adjunct facilities such as private
club, dining room, swimming pool, tennis courts, and similar recreational
or service facilities.
26.2.9.
Reserved
for future use.
26.2.10.
Exhibition Area:
An area or space either outside or
within a building for the display of topic-specific goods or information.
26.2.11.
Fairgrounds:
An area where outdoor fairs, circuses or
exhibitions are held.
26.2.12.
Family Home:
A community-based
residential home operated by either the State of Texas, a nonprofit
corporation, a community center organized pursuant to State statute,
or an entity which is certified by the State as a provider for a program
for the mentally retarded. Family homes provide care for persons who
have mental and/or physical impairments that substantially limit one
or more major life activities. To quality as a family home, a home
must meet the following requirements:
26.2.13.
Farm, Ranch, or Orchard:
An area of five (5) acres or
more which is used for growing of usual farm products and/or raising
of usual farm products and animals and including the necessary accessory
uses for raising, treating, and storing products raised on the premises,
but not including the commercial feeding of offal or garbage to swine
or other animals and not including any type of agriculture or husbandry
specifically prohibited by ordinance of [or] law. Farm, ranch, or
orchard use shall not cause a hazard to health by reason of unsanitary
conditions and shall not be offensive by reason of odors, dust, fumes,
noise, or vibrations or be otherwise detrimental to the public welfare.
26.2.14.
Fraternal Organization, Lodge, or Civic Club:
An organized
group having a restricted membership and specific purpose related
to the welfare of the members.
26.2.15.
Golf Course:
An area of twenty (20) acres or more improved
with trees, greens, fairways, hazards and which may include clubhouses.
26.2.16.
Greenhouse or Plant Nursery, Commercial:
A place, often
including artificially heated and/or cooled buildings, where trees
or plants are raised and/or sold including relate[d] storage of equipment
for landscape contracting.
26.2.17.
Greenhouse, Noncommercial:
A building, often artificially
heated and/or cooled, used as a location for cultivating plants which
are used by the grower and not sold as a commercial activity.
26.2.18.
Hospital (Chronic and Acute Care); Long-Term Health Care Facility:
An institution providing both inpatient health, personal care,
or rehabilitative services over a long period of time to persons chronically
ill, aged, or disabled due to injury and disease or to injured patients
who need medical or surgical treatment intended to restore them to
health and an active life and which is licensed by the State of Texas.
26.2.19.
Household Care Facility:
A dwelling unit which provides
residence and care to not more than nine (9) persons, regardless of
legal relationship, who are elderly; disabled; orphaned, abandoned,
abused, or neglected children; victims of domestic violence; or rendered
temporarily homeless due to fire, natural disaster, or financial adversity
living together with no more than two supervisory personnel as a single
housekeeping unit. (See also Household Care Facility, Personal Care
Home and Continuing Care Facility.)
26.2.20.
Kennel:
Any lot or premises on which four (4) or more
dogs, cats or other domestic animals more than four (4) months of
age are housed or accepted for boarding, breeding, training, selling,
grooming and/or bathing for which remuneration is received.
26.2.21.
Library:
Any institution for the loan or display of
books, tapes, objects of art or science which is sponsored by a public
or responsible quasi-public agency and which institution is open and
available to the general public.
26.2.22.
Museum or Art Gallery:
An institution for the collection,
display and distribution of objects of art or science and which is
sponsored by a public or quasi-public agency and which facility is
open to the general public.
26.2.23.
Nursery School; Kindergarten:
A child-care facility
offering a program four (4) hours or less per day for children who
have passed their second birthday but who are under seven years old.
26.2.24.
Nursing Home:
See Rest Home or Nursing Home.
26.2.25.
Park, Playground, or Recreation Center (Public):
An
open recreation facility or park owned and operated by a public agency
and available to the general public.
26.2.26.
Park, Playground, or Recreation Center (Private):
A
privately owned park, playground, open space or building dedicated
to recreational activities, maintained by a community club, property
owners' association, or similar organization.
26.2.27.
Personal Care Home (Custodial Care):
An owner-occupied,
home-operated non-licensed facility for the elderly providing custodial
care to not more than three (3) individuals not related to the provider
of such care. Custodial care is that of care which assists elderly
persons who are incapable because of physical or mental limitations
of performing routine daily activities and which do not require the
continuing attention of trained medical or paramedical personnel.
(Also see Continuing Care Facility.)
26.2.28.
Racetrack:
A facility used for the racing of motor-driven
vehicles and/or animals.
26.2.29.
Registered Family Home:
A child-care facility that regularly
provides care in the caretaker's own residence for not more than six
(6) children under 14 years of age, excluding the caretaker's own
children, and that provides care after school hours for not more than
six (6) additional elementary school siblings of the other children
given care, but the total number of children, including the caretaker's
own, does not exceed twelve (12) at any given time. (Also see Child-Care
Center.)
26.2.30.
Rehabilitation Care Facility:
A dwelling unit which
provides residence and care to not more than four (4) persons, regardless
of legal relationship, who have demonstrated a tendency towards alcoholism,
drug abuse, mental illness or antisocial or criminal conduct living
together with not more than two supervisory personnel as a single
housekeeping unit.
26.2.31.
Rehabilitation Care Institution:
A facility which provides
residence and care to five (5) or more persons, regardless of legal
relationship, who have demonstrated a tendency towards alcoholism,
drug abuse, mental illness or antisocial or criminal conduct together
with supervisory personnel.
26.2.32.
Rest Home or Nursing Home:
A place of residence or care
for persons suffering from infirmities of age or illness where care
is provided on a prolonged or permanent basis. This term shall include
a convalescent home.
26.2.33.
School, Private (Primary or Secondary):
An institution
of learning having a curriculum equivalent to public schools but not
including specialty schools such as dancing, music, beauty, mechanical,
trade, or commercial schools.
26.2.34.
School, Public (Primary or Secondary):
An institution
under the sponsorship of a public agency which offers instruction
in the several branches of learning and study required to be taught
in the public schools by the Education Code of the State of Texas
but not including specialty schools such as dancing, music, beauty,
mechanical, trade, or commercial schools.
26.2.35.
School, Trade or Commercial:
Establishments, other than
public or parochial schools, private primary and secondary schools
or colleges, offering training or instruction on a trade, art, or
occupation.
26.2.36a.
Stable, Commercial:
A structure housing horses, which are boarded or rented to the public
or any stable other than a private stable, but not including a sale
barn, auction or similar trading activity.
26.2.36b.
Stable, Private:
An accessory building set back
from adjacent property lines a minimum distance of one hundred (100)
feet and used for quartering horses, not to exceed one (1) horse per
one acre area of a farm or lot.
26.2.37.
Stadium or Play field, Public:
An athletic field or
stadium owned and operated by a public agency for the general public
including a baseball field, golf course, football field or stadium
which may be lighted for nighttime play.
26.2.38.
Swimming Pool, Commercial:
A swimming pool with accessory
facilities, part of the facilities are available to the general public
for a fee.
26.2.39.
Wedding, Reception Facility, Special Events Center:
A building, facility, or room, which is rented, leased or otherwise
made available to any person or group for a private event function,
that is not open to the general public, whether or not a fee is charged,
which may contain a business office used for management of the facility.
26.3.
Transportation,
Utility and Communications Uses
26.3.1.
Airport,
Landing Field:
A place where an aircraft can land and
take off, usually equipped with hangars, facilities for refueling
and repair, and various accommodations for passengers and/or freight.
26.3.2.
Electrical
Substation:
A subsidiary station in which electric current
is transformed.
26.3.3.
Gas
Metering Station:
Facility at which natural gas flows
are regulated and recorded.
26.3.4.
Heliport
or Helistop:
A landing facility for rotary wind [wing]
aircraft which may include fueling or servicing facilities for such
craft.
26.3.5.
Radio,
Television, or Microwave Communications Operators, Amateur:
The transmission, retransmission, or reception of radio, electromagnetic,
or microwave signals for private or personal use and not for the purpose
of operating a business and/or financial gain.
26.3.6.
Radio,
Television, or Microwave Communications Operations, Commercial:
The transmission, retransmission, or reception of radio, electromagnetic,
or microwave signals primarily for the purpose of operating a business
and/or financial gain.
26.3.7.
Railroad
Station:
Any premises for the transient parking of trains
and the loading and unloading of passengers.
26.3.8.
Railroad
Team Track and Right-Of-Way:
A facility/place for the
loading and unloading of materials on trains.
26.3.9.
Railroad
Track and Right-Of-Way:
Includes track and undeveloped
right-of-way, but does not include railroad stations, sidings, team
tracks, loading facilities, dock yards, or maintenance areas.
26.3.10.
Service Yard of Governmental Agency:
An area for the
servicing and storage of vehicles or other property of a governmental
agency.
26.3.11.
Shops, Office, and/or Storage Area of Public or Private Utility:
The pole yard, maintenance yard, and/or administrative offices
of a municipality or franchised utility.
26.3.12.
Solid Waste Transfer Station:
A facility and/or premises
at which solid waste is temporarily deposited prior to ultimate removal
to a permanent solid waste storage site.
26.3.13.
Telephone Exchange:
A switching or transmitting station
owned by a public utility but not including business offices, storage,
or repair shops or yards.
26.4.
Automobile
and Related Service Uses
26.4.1.
Auto
Laundry:
See Carwash.
26.4.2.
Auto
Leasing:
Storage and leasing of automobiles, motorcycles,
and light load vehicles.
26.4.3.
Auto
Parts Sales (Inside):
The use of any building or other
premise for the display and sale of new or used parts for automobiles,
panel trucks, vans, tractor trailers, or recreational vehicles.
26.4.4.
Auto
Parts Sales (Outside):
The use of any land area for the
display and sale of new or used parts for automobiles, panel trucks,
vans, tractor trailers, or recreation vehicles.
26.4.5.
Automobile
Repair, Major:
General repair or reconditioning of engines
and air conditioning systems for motor vehicles; wrecker service;
collision services including body, frame or fender straightening or
repair; customizing; overall painting or paint shop; vehicle steam
cleaning; those uses listed under "automobile repair, minor," and
other similar uses.
26.4.6.
Automobile
Repair, Minor:
Minor repair or replacement of parts,
tires, tubes, and batteries; diagnostic services; minor motor services
such as grease, oil, spark plug, and filter changing; tune-ups; emergency
road service; replacement of starters, alternators, hoses, brake parts;
automobile washing and polishing: performing state inspections and
making minor repairs necessary to pass said inspection; normal servicing
of air conditioning systems, and other similar minor services for
light load vehicles, but not including any operation named under "automobile
repair, major" or any other similar use.
26.4.7.
Automobile
and Trailer Sales, New:
Building(s) and associated open
area other than a street or required automobile parking space used
for the display or sale of primarily new automobiles, light trucks,
and trailers, to be displayed and sold on premises, and where no repair
work is done except minor reconditioning of the automobiles and trailers
to be displayed and sold on the premises, and no dismantling of automobiles
or trailers for sale or keeping of used automobile and trailer parts
or junk on the premises.
26.4.8.
Automobile
and Trailer Sales, Used:
Building(s) and associated open
area other than a street or required automobile parking space used
for the display and sale of used automobiles, light trucks, or trailers
in operating condition and where no repair work is done except the
minor adjustments of the vehicles to be displayed or sold on the premises.
A used car sale area shall not be used for the storage of wrecked
automobiles or the dismantling of automobiles or the storage of automobile
parts or junk on the premises.
26.4.9.
Automobile
Service Station:
A building or place arranged, designed,
used, or intended to be used for the primary purpose of dispensing
gasoline, oil, diesel fuel, liquefied petroleum gases, greases, batteries,
and other automobile accessories at retail direct to the on-premise
motor vehicle trade provided that the above services shall not be
construed to include major overhaul, the removal and/or rebuilding
of an engine, cylinder head, oil pan, transmission, differential,
radiator springs, or axles; steam cleaning, body or frame work, painting,
upholstering and replacement of glass. If the dispensing or offering
for sale of auto fuel at retail is incidental, the premises shall
be classified as a public garage. Service stations shall not allow
automobiles which are inoperative or are being repaired to remain
outside such service station for a period greater than seven (7) days.
26.4.10.
Auto Storage:
The storage on a lot or tract of operable
automobiles for the purpose of holding such vehicles for sale, distribution,
or storage.
26.4.11.
Automobile Wrecking Yard of [or] Junkyard:
Any building,
structure, or open area used for the dismantling or wrecking of any
type of used vehicles or the storage, sale, or dumping of dismounted
or wrecked vehicles or their parts and accessories, including any
farm vehicles or farm machinery or parts thereof, stored in the open
and not being restored to operating condition, including the commercial
salvaging, storage, and scrapping of any other goods, articles, or
merchandise.
26.4.12.
Bus Terminal:
Any premises for the transient housing
or parking of motor-driven buses and the loading and unloading of
passengers.
26.4.13.
Carwash:
Facility or structure used to wash motorcycles,
automobiles, vehicles and trucks.
26.4.14.
Parking Lot or Parking Garage, Automobile:
Area for
parking light load vehicles.
26.4.15.
Parking Lot or Parking Garage, Truck:
Area for parking
heavy load vehicles.
26.4.16.
Quick Oil Change Facility:
A business engaging in the
changing of oil, oil filters, and the chassis lubrication of motor
vehicles. All new oil shall be dispensed from drums and all old oil
shall be kept in sumps until removed by pumper trucks.
26.4.17.
Quick Tune-up Facility:
A business engaging in engine
adjustment and minor part replacement for motor vehicles, limited
to spark plugs, condensers, spark plug wires, distributor caps, distributor
points, PVC valves, air cleaners, fan belts and radiator hoses. Such
a facility shall not repair or replace carburetors, starters, alternators,
generators, radiators, water pumps, or other major engine parts, brake
shoes, or mufflers.
26.4.18.
Truck and Bus Leasing:
The rental of new or used panel
trucks, vans, trailers, recreational vehicles, or motor-driven buses
in operable condition and where no repair work is done.
26.4.19.
Truck and Bus Repair:
An establishment providing major
and minor automobile repair services to heavy load vehicles.
26.4.20.
Truck or Motor Freight Terminal:
A building or area
in which freight brought by motor truck is assembled and/or stored
for shipping by motor truck.
26.4.21.
Truck Sales:
Building(s) and associated open area other
than a street or required automobile parking space used for the display
or sale of primarily new heavy load vehicles, to be displayed and
sold on premises, and where no repair work is done except minor reconditioning
of the vehicles to be displayed and sold on the premises, and no dismantling
of vehicles for sale or keeping of used vehicle parts or junk on the
premises.
26.5.
Retail
and Service Type Uses
26.5.1.
Adult
arcade.
Any place to which the public is permitted or
invited wherein coin-operated or slug-operated or electronically,
electrically or mechanically controlled still or motion picture machines,
projectors or other image-producing devices are maintained to show
images to five or fewer persons per machine at any one time, and where
the images so displayed are distinguished or characterized by the
depicting or describing of specified sexual activities or specified
anatomical areas.
26.5.2.
Adult
bookstore or adult video store.
A commercial establishment which as one of its principal business
purposes openly advertises or displays or offers for sale or rental,
for any form of consideration, any one or more of the following:
(1)
Books,
magazines, periodicals or other printed matter or photographs, films,
motion pictures, videocassettes or video reproductions, slides or
other visual representations which depict or describe specified sexual
activities or specified anatomical areas; or
(2)
Instruments,
devices, or paraphernalia which are designed for use in connection
with specified sexual activities.
26.5.3.
Adult
cabaret.
A nightclub, bar,
restaurant, or similar commercial establishment which regularly features:
(1)
Persons
who appear in a state of nudity;
(2)
Live
performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities; or
(3)
Films,
motion pictures, videocassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
26.5.4.
Adult
motel.
A hotel, motel,
or similar commercial establishment which:
(1)
Offers
accommodations to the public for any form of consideration; provides
patrons with closed circuit television transmissions, films, motion
pictures, videocassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; and has a sign visible
from the public right-of-way which advertises the availability of
this type of photographic reproductions;
(2)
Offers
a room for rent for period of time that is less than ten (10) hours;
or
(3)
Allows
a tenant or occupant of a sleeping room to subrent the room for a
period of time that is less than ten (10) hours.
26.5.5.
Adult
motion picture theater.
An establishment where, for any
form of consideration, films, motion pictures, videocassettes, slides,
or similar photographic reproductions are regularly shown which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
26.5.6.
Adult
theater.
A theater, concert hall, auditorium or similar
commercial establishment which regularly features persons who appear
in a state of nudity or live performances which are characterized
by the exposure of specified anatomical areas or by specified sexual
activities.
26.5.7.
Air Conditioning and Refrigeration Contractor:
A place from which a person performs design, installation, construction,
maintenance, service, repair, alteration or modification of a product
or of equipment in environmental air conditioning, commercial refrigeration,
or process cooling or heating systems, under terms and conditions
described in the Texas Air Conditioning and Refrigeration Contractor
License Law, Vernon's Ann. Civ. St., art. 8861.
26.5.8.
Alcoholic
Beverage Store -
is an establishment engaged in the
sale of beer, wine, and/or liquor to the general public, not for on-premises
consumption.
26.5.9.
Alcoholic
Beverage Establishment -
any establishment that derives
seventy-five (75) percent or more of its gross revenue on a quarterly
basis from the sale or service of alcoholic beverage, as defined in
the Texas Alcoholic Beverage Code, as amended, for on-premise consumption.
26.5.10.
Amusement, Commercial (Indoor):
An establishment providing
for activities, services and instruction for the entertainment, exercise
and improvement of fitness and health of customers, clients or members
but not including hospitals, clinics, massage parlors or arcades.
Uses would typically include bowling alleys, ice or roller skating
rinks, racquetball and handball courts, indoor tennis courts, weight
lifting and nautilus facilities, exercise areas, swimming pools and
spas, bingo parlors, martial arts, classrooms and/or practice areas,
gymnasiums and indoor running or jogging tracks.
26.5.11.
Amusement, Commercial (Outdoor):
An outdoor area or
structure, open to the public, which provides entertainment or amusement
for a fee or admission charge, including but not limited to batting
cages, miniature golf, go-kart tracks and carnivals.
26.5.12.
Antique Shop:
A retail establishment engaged in the
selling of works of art, furniture or other artifacts of an earlier
period, with all sale and storage occurring inside a building.
26.5.13.
Arcade:
An establishment in which there are located
six (6) or more coin-operated skill or pleasure machines.
26.5.14.
Bakery and Confectionery, Retail Sales:
A place for
preparing, cooking, baking and selling of products on the premises.
26.5.15.
Bakery and Confectionery, Commercial:
A place for preparing,
cooking or baking of products primarily intended for off-premise distribution.
26.5.16.
Bank, Savings and Loan, Credit Union:
An establishment
for the custody, loan, exchange or issue of money, the extension of
credit, and/or facilitating the transmission of funds.
26.5.17.
Barber School or College:
A place of training for practice of barbering, as defined in Texas Barber Act, Vernon's Ann. Civ. St., art. 8407, meeting standards established in Section 9 of said Texas Barber Act.
26.5.18.
Barbershop:
A place where barbering, as defined
in Texas Barber Act, Vernon's Annotated Civil Statutes (Vernon's Ann.
Civ. St.), art. 8407, is practiced, offered, or attempted to be practiced,
except when such place is duly licensed as a barber school or college.
26.5.19.
Beauty Culture School; Cosmetology Specialty Shop:
A
specialized place of training, as defined in the Texas Occupation
Code 1602.002.
26.5.20.
Beauty Shop:
A place where cosmetology, as defined in
the Texas Occupation Code [is practiced].
26.5.21.
Building Materials, Hardware Sales:
The sale of new
building materials and supplied [supplies] indoors with related sales
for hardware, carpet, plants, electrical and plumbing supplies all
of which are oriented to the retail customer, rather than contractor
or wholesale customer.
26.5.22.
Business Service:
Establishments primarily engaged in
providing services not elsewhere classified to business enterprises
on a fee [or] contract basis including but not limited to advertising
agencies, computer programming and software services, and office equipment
rental or leasing.
26.5.23.
Cabinet and Upholstering Shop:
An establishment used
for the production, display and sale of furniture and soft coverings
for furniture.
26.5.24.
Cleaning and Dyeing, Small Plant or Shop:
A custom cleaning
shop not exceeding five thousand (5,000) square feet of floor area
or a pickup station. (Also see Cleaning and Dyeing; Dry Cleaning Plant.)
26.5.25.
Clinic, Medical or Dental:
A facility or station designed
and used for the examination and treatment of persons seeking medical
care as outpatients who do not remain on the premises overnight.
26.5.26.
Convenience Store:
A retail establishment providing
for the sale of food items, non-prescription drugs, small household
items, and gifts. Gasoline and diesel fuel may be offered for sale
provided they are not the primary source of income for the store and
that no more than six (6) pumps are offered. Maximum size of the establishment
will be no more than 2,500 square feet not including storage areas
and administrative offices.
26.5.27.
Custom Personal Service Shop:
Includes such uses as
tailor, shoe repair, barber/beauty shop, health studio, or travel
consultant.
26.5.28.
Discount, Variety, or Department Store:
A retail store
offering a wide variety of merchandise in departments and exceeding
7,000 square feet of floor area.
26.5.29.
Escort.
A person who, for consideration, agrees or offers
to act as a companion, guide, or date for another person, or who agrees
or offers to privately model lingerie or to privately perform a striptease
for another person.
26.5.30.
Escort agency.
A person or business association who
furnishes, offers to furnish, or advertises to furnish escorts as
one of its primary business purposes for a fee, tip, or other consideration.
26.5.31.
Feed and Farm Supply Store:
An establishment for the
selling of foodstuffs for animals and including implements and goods
related to agricultural processes but not including farm machinery.
26.5.32.
Flea Market:
A site where space inside or outside a
building is rented to vendors on a short-term basis for the sale of
merchandise. The principal sales shall include new and used household
goods personal effects, tools, artwork, small household appliances,
and similar merchandise, objects or equipment in small quantities.
The term flea market shall not be deemed to include wholesale sales
establishments or rental services establishments, but shall be deemed
to include personal services establishments, food services establishments,
retail sales establishments, and auction establishments.
26.5.33.
Florist:
An establishment displaying plants, flowers,
floral supplies, and similar items.
26.5.34.
Food-Beverage Store -
is an establishment engaged in
the sale of food or beverages - of any kind whatsoever - for off-premises
consumption. This definition does not include restaurants that derive
at least 90% of gross revenues from sale of food and beverages for
on-premises consumption.
26.5.35.
Food Store, Grocery Store:
An establishment that displays
and sells consumable goods that are not to be eaten on the premises.
26.5.36.
Furniture, Appliance Store:
Retail stores selling goods
used for furnishing the home, including but not limited to furniture,
floor coverings, draperies, glass and chinaware, domestic stoves,
refrigerators and other household electrical and gas appliances.
26.5.37.
Garden Center (Retail Sales):
Location including land
and buildings at which plants, trees, shrubs, horticultural supplies,
and similar items are displayed for sale to the general public. All
such displays shall be located behind the front yard line established
in the district in which the garden center is located.
26.5.38.
General Merchandise Store:
Retail stores which sell
a number of lines of merchandise including but not limited to dry
goods apparel and accessories, furniture and home furnishings, small
wares, hardware, and food. The stores included in this group are known
as department stores, variety stores, general stores, and other similar
stores.
26.5.39.
Household Appliance Service and Repair:
The maintenance
and rehabilitation of appliances customarily used in the home including
but not limited to washing and drying machines, refrigerators, dishwashers,
trash compactors, ovens and ranges, kitchen appliances, vacuum cleaners,
and hair dryers.
26.5.40.
Laboratory, Scientific or Research:
Facilities for research
including laboratories, experimental equipment, and operations involving
compounding or testing of materials or equipment.
26.5.41.
Laundry and Cleaning Self-Service:
An establishment
including facilities for laundering and cleaning of clothing and similar
items to be operated by the patron; not a commercial laundry or cleaning
plant.
26.5.42.
Licensee.
A person in whose name a license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a license.
26.5.43.
Metal Dealer, Crafted Precious:
A place of business
in which a person engages in the business of purchasing and selling
crafted precious metals, including jewelry, silverware, art objects,
or any other thing or object made in whole or in part from gold, silver,
platinum, palladium, iridium, rhodium, osmium, ruthenium, or their
alloys, including coins and commemorative medallions, under terms
and conditions found in Vernon's Ann. Civ. St., art. 990a.
26.5.44.
Metal Dealer, Secondhand:
A place of business in which
a person purchases, gathers, collects, solicits or procures scrap
metal or where scrap metal is gathered together or kept for shipment,
sale, or transfer, under terms and conditions found in Vernon's Ann.
Civ. St., art. 9009. (Also see Junk or Salvage Yard.)
26.5.45.
Nude model studio.
Any place where a person who appears
in a state of nudity or displays specified anatomical areas is provided
to be observed, sketched, drawn, painted, sculptured, photographed,
or similarly depicted by other persons who pay money or any form of
consideration.
26.5.46.
Nudity or a state of nudity.
The appearance of a human
bare buttock, anus, male genitals, female genitals, or female breasts.
26.5.47.
Office Center:
A building or complex of buildings used
primarily for conducting the affairs of a business, profession, service,
industry, or government, or like activity that may include ancillary
services for office workers such as a restaurant, coffee shop, newspaper,
or candy stand.
26.5.48.
Office, Professional or General Administrative:
A room
or group of rooms used for the provision of executive management,
or administrative services. Typical uses include administrative offices
and services including real estate, insurance, property management,
investment, personnel, travel, secretarial services, telephone answering,
and business offices of public utilities, organizations, and association[s]
but excluding medical offices.
26.5.49.
Office - Showroom/Warehouse:
An establishment with a
minimum of seventy-five percent (75%) of its total floor area devoted
to storage and warehousing not accessible to the public. The remaining
area may include retail and wholesale sales areas, sales offices,
and display areas for products sold and distributed from the storage
and warehousing areas.
26.5.50.
Pawnshop:
An establishment where money is loaned on
the security of personal property pledged in the keeping of the owner
(pawnbroker).
26.5.51.
Person.
An individual, proprietorship, trust, partnership,
corporation, association, or other legal entity.
26.5.52.
Personal Service Shop:
An establishment primarily engaged
in providing services generally involving the area of the person or
his apparel including but not limited to barber and beauty shops,
dry cleaning and laundry pickup stations and reducing salons/health
clubs.
26.5.53.
Pet Shop or Animal Salon:
A retail establishment offering
small animals, fish, or birds for sale as pets and where all such
creatures are housed within the building.
26.5.54.
Plumbing, Heating, Refrigeration, or Air Conditioning Business:
An establishment primarily engaged in the sales, service, or
installation of equipment pertaining to plumbing, heating, refrigeration,
or air conditioning. (Also see Air Conditioning and Refrigeration
Contractor.)
26.5.55.
Plumbing Service:
The operation of a business which
involves only retail sales and off-premises service, installation,
and repair of units and fixtures. The premises shall not include a
workshop for repair or fabrication of parts, fixtures, or units. Sheetmetal
work of any type shall not be permitted. Storage shall be permitted
for units and supplies incidental to retail sales, off-premises service
and repair only. No outside storage shall be permitted. This section
shall not be interpreted to allow a plumbing, heating, refrigeration,
or air conditioning contractor or similar type wholesale operation.
26.5.56.
Portable Building Sales:
An establishment which displays
and sells structures which are capable of being carried and transported
to another location, not including mobile homes or manufactured housing.
26.5.57.
Post Office, Government or Private:
Local branch of
the United States Postal Service or private commercial venture engaged
in the distribution of mail and incidental services.
26.5.58.
Print Shop:
An establishment which reproduces printed
or photographic impressions including but not limited to the process
of composition, binding, plate making, microform, type casting, press
work, and printmaking.
26.5.59.
Private Club:
An establishment providing social and
dining facilities, as well as alcoholic beverage service, to an association
of persons, and otherwise falling within the definition of, and permitted
under the provisions of the Texas Alcoholic Beverage Code, as the
same may be hereafter amended, and as it pertains to the operation
of private clubs.
26.5.60.
Racquetball Facilities:
Courts housed in an acoustically
treated building and designed for one (1) to four (4) persons to play
racquetball, plus subsidiary uses to include office, pro shops, locker
rooms, sauna, exercise rooms, waiting area, child nursery, and related
uses up to a maximum of forty percent (40%) of the total floor area.
26.5.61.
Retail Stores and Shops:
Establishments offering all
types of consumer goods for sale, not elsewhere classified, but excluding
the display and sale in the open outside a building of new or used
automobiles, heavy machinery, building materials, used appliances,
furniture, or salvage materials.
26.5.62.
School.
Any public or private nursery, preschool, day-care
center, learning center, or elementary or secondary school.
26.5.63.
Secondhand Store, Furniture or Clothing:
An establishment
offering for sale used merchandise, with the storage and display of
such items wholly contained inside a building or structure.
26.5.64.
Semi-nude.
A state of dress in which clothing covers
no more than the genitals, pubic region and areola of the female breast,
as well as portions of the body covered by supporting straps or devices.
26.5.65.
Service, Retail:
An establishment engaged in the selling
and/or servicing of goods where a minimum of eighty percent (80%)
of the floor area is devoted to service, repair or fabrication of
such goods. The service area must not be accessible to the general
public. Automotive uses and rental stores are specifically excluded.
26.5.66.
Sexual encounter center.
A business or commercial enterprise that, as one of its primary business
purposes, offers for any form of consideration:
26.5.67.
Sexually oriented business.
An adult arcade, adult bookstore,
adult gift store or adult video store, adult cabaret, adult motel,
adult motion picture theater, adult theater, escort agency, nude model
studio, or sexual encounter center.
26.5.68.
Sexually Oriented Establishment.
Any of the following:
(1)
The
opening or commencement of any sexually oriented business as a new
business;
(2)
The
conversion of an existing business, whether or not a sexually oriented
business, to any sexually oriented business;
(3)
The
addition of any sexually oriented business to any other existing sexually
oriented business; or
(4)
The
relocation of any sexually oriented business.
26.5.69.
Shopping Center:
A group of primarily retail and service
commercial establishments planned, constructed and managed as a total
entity with customer and employee parking provided on-site, provision
for goods delivery separated from customer access, provision of aesthetically
appropriate design and protection from the elements.
26.5.70.
Specified anatomical areas.
Human genitals in a state
of sexual arousal.
26.5.71.
Specified sexual activities.
Any of the following:
26.5.72.
Substantial enlargement of a sexually oriented business.
The increase in floor area occupied by the business by more than
20%, as the floor area exists on the effective date of this section.
26.5.73.
Theater (Outdoor):
An open lot with its appurtenant
facilities devoted primarily to the showing of motion picture or theatrical
productions on a paid admission basis to patrons seated in automobiles.
26.5.74.
Trailer, Manufactured Housing, or Mobile Home Display and Sales:
The offering for sale, storage, or display of trailers, manufactured
housing, or mobile homes on a parcel of land but excluding the use
of such facilities as dwellings either on a temporary or permanent
basis.
26.5.75.
Trailer Rental:
The display and offering for rent of
trailers designed to be towed by passenger cars or other prime movers.
26.5.76.
Transfer of ownership or control of a sexually oriented business.
Any of the following:
(1)
The
sale, lease or sublease of the business;
(2)
The
transfer of securities or other ownership interest which constitutes
a direct, indirect, legal, equitable or beneficial controlling interest
in the business, whether by sale, exchange or similar means; or
(3)
The
establishment of a trust, gift or other similar legal device which
transfers the direct, indirect, legal, equitable or beneficial ownership
or control of the business, except for transfer by bequest or other
operation of law upon the death of the person possessing the ownership
or control to a person who shall have notified the city administrator
of the transfer and furnished all of the information within sixty
(60) days of the transfer.
26.5.77.
Washateria:
A building or place where clothes and linens
are washed and thoroughly dried by the use of not exceeding three
(3) employees and four (4) automatic single-family machines and where
the operation of washing and/or drying and/or mangle machines is done
exclusively by the customer on a self-service basis, and where the
fuel and power for the heating of water and drying shall be smokeless
and odorless. (See Laundry and Cleaning, Self-Service.)
26.6.
Manufacturing,
Storage, and Warehousing Uses
26.6.1.
Bottling
Works:
A manufacturing facility designed to place a product
into a bottle for distribution.
26.6.2.
Cleaning
and Dyeing; Dry Cleaning Plant:
An industrial facility where fabrics are cleaned and [in] substantially nonaqueous organic solvents. (Also see Cleaning and Dyeing, Small Plant or Shop, Section 26.5.11.)
26.6.3.
General
Commercial Plant:
An establishment other than a personal
service shop for the treatment and/or processing of products as a
service on a for-profit basis including but not limited to newspaper
printing, laundry plant, or cleaning and dyeing plant.
26.6.4.
General
Manufacturing:
Manufacturing of finished products and
component products or parts from the transformation, treatment, or
processing of materials or substances, including basic industrial
processing. Such operations must meet the performance standards, bulk
controls, and other requirements in this ordinance.
26.6.5.
Industrial
Park:
A large tract of land that has been planned, developed,
and operated as an integrated facility for a number of individual
industrial uses, with special attention to circulation, parking, utility
needs, aesthetics, and compatibility.
26.6.6.
Junk
or Salvage Yard:
A lot upon which waste or scrap materials
are bought, sold, exchanged, stored, packed, disassembled, or handled,
including but not limited to scrap iron and other metals, paper, rags,
rubber tires and bottles. A "junkyard" includes an automobile wrecking
yard and automobile parts yard. A "junkyard" does not include such
uses conducted entirely within an enclosed building. (Also see Metal
Dealer, Secondhand)
26.6.7.
Light
Manufacturing:
Manufacturing of finished products or
parts, predominantly from previously prepared materials, including
fabrication, assembly, and packaging of such products, and incidental
storage, sales, and distribution of such products, but excluding basic
industrial processing.
26.6.8.
Self-Storage,
Mini-Warehouse:
A facility used for storage of goods
and/or materials with separate access to individual storage units
by persons renting the individual units.
26.6.9.
Storage
or Wholesale Warehouse, Light:
A building used primarily
for the storage of goods and materials, containing less than 5,000
square feet of floor space.
26.6.10.
Storage or Wholesale Warehouse, Heavy:
A building used
primarily for the storage of goods and materials, containing more
than 5,000 square feet of floor space.
26.7.
Accessory
Uses
26.7.1.
Accessory
Building or Use:
An accessory building or use is one
which: (a) is subordinate to and serves a principal building or principal
use; and (b) is subordinate in area, extent, or purpose to the principal
building or principal use served; and (c) contributes to the comfort,
convenience and necessity of occupants of the principal building or
principal use served; and (d) is located on the same building lot
as the principal use served.
26.7.2.
Carport:
A structure open on a minimum of three (3) sides designed or
used to shelter vehicles, not to exceed thirty-six (36) feet on its
longest dimension.
26.7.3.
Construction
Yard (Temporary):
A storage yard or assembly yard for building materials and equipment directly related to a construction project and subject to removal at completion of construction and subject to same restrictions as Field Office. (Also see Section 27.2.)
26.7.4.
Field
or Sales Office (Temporary):
A building or structure, of either permanent or temporary construction, used in connection with a development or construction project for display purposes or for housing temporary supervisory or administrative functions related to development, construction or the sale of real estate properties within the active development or construction project. Permits for "temporary buildings" shall be issued for a period of time not to exceed eighteen (18) months. Extensions may be granted only by the City Council, any such permits granted may be revoked if the City Council finds the use of the building or structure is contrary to the intent of this section or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard (Also see Section 26.7.3. above.)
26.7.5.
Customary
Home Occupation:
An occupation, profession, domestic
craft, or economic enterprise which is customarily conducted in a
"residential dwelling" as hereinafter defined, subject to compliance
with each of the following conditions:
a)
"Residential
dwelling" shall mean a detached building designed, used and occupied
exclusively by members of one (1) family as a residence.
b)
Such
use shall be and remain incidental and subordinate to the principal
use of the residential dwelling as a family residence and the area
utilized for such occupation, profession, domestic craft, or economic
enterprise shall never exceed twenty-five percent (25%) of the total
of the floor area of the residential dwelling.
c)
Not more
than one (1) non-illuminated sign advertising the home occupation
shall be allowed; said sign shall be not more than one (1) square
foot in area and shall be mounted on the building in which the home
occupation is being conducted.
d)
The residential
dwelling shall maintain its residential character and shall not be
altered or remodeled in order to create any type of exterior commercial
appeal.
e)
No exterior
storage of material, equipment, and/or supplies used in conjunction
with such occupation, profession, domestic craft, or enterprise shall
be placed, permitted, or allowed on the premises occupied by the residential
dwelling.
f)
No offensive
noise, vibration, smoke, dust, odors, heat, or glare generated by
or associated with the home occupation shall extend beyond the property
line of the lot or tract on which the home occupation is being conducted.
g)
The occupation,
profession, domestic craft, or enterprise shall be conducted wholly
within the residential dwelling and no accessory building shall be
used in conjunction therewith.
h)
The only
equipment to be used in such occupation, profession, domestic craft,
or enterprise shall be that which is ordinarily used in a private
home in a like amount and kind.
i)
A home
occupation shall not generate such additional traffic as to create
a traffic hazard or disturbance to nearby residents.
(Ordinance 2016-06-09-05 adopted 5/24/16; Ordinance 2016-06-09-05 adopted 6/9/16; Ordinance
2017-03-23-01, sec. 2.02, adopted 3/23/17; Ordinance 2018-25-03 adopted 6/25/18; Ordinance
2022-03-17-03 adopted 3/17/2022)
27.1.
Child-Care
Centers
27.1.1.
No
portion of a child-care center site may be located within three hundred
(300) feet of gasoline pumps or underground gasoline storage tanks,
or any other storage area for explosive or highly combustible materials.
27.1.2.
Child-care
centers shall be located adjacent to a street having a pavement width
of twenty-seven (27) feet or greater.
27.1.3.
Site
plan approval by the Planning and Zoning Commission shall be required
for all child-care center sites, whether or not a Specific Use Permit
is required.
27.1.4.
Child-care
centers located within any single-family or two-family residential
district shall be required to plat in multiples of the minimum lot
width of the district classification requirements. The lot depth shall
meet the minimum district requirements and must be platted in a configuration
which can be converted into standard lots for residential development.
27.1.5.
All
child-care centers shall comply with the following standards:
27.1.5.1.
All vehicular entrances and exits shall be clearly visible from the
street.
27.1.5.2.
All passenger loading and unloading areas shall be located so as
to avoid safety hazards from vehicular traffic and adequate walkways
shall be provided.
27.1.5.3.
Outdoor play areas shall be provided at a rate of 65 square feet
per child based on maximum design capacity of the center. This requirement
may be waived by the Planning and Zoning Commission if the child care
is provided for less than four (4) hours per day for an individual
person.
27.1.5.4.
In residential districts, a maximum of one-half of the required outdoor
play space may be provided off-site. When off-premises outdoor play
area is utilized, it must be located within one hundred (100) feet
of the child-care facility premises and safely accessible without
crossing, at-grade, any major or secondary thoroughfare.
27.1.5.5.
No child-care center shall be part of a one-family or two-family
dwelling.
27.2.
Construction
Yards, Field Offices, and Other Temporary Buildings.
Temporary permits for construction yards and field offices and special
use permits or variances regulating temporary buildings shall be issued
for a period of time not to exceed eighteen (18) months. Extensions
may be granted by the City Council. Upon due notice and hearing before
the City Council, any such permit may be revoked if the City Council
finds the use of the building or structure is contrary to the intent
of this ordinance or results in increased noise, traffic, or other
conditions considered to be a nuisance or hazard.
27.3.
Radio,
Television, and Microwave Towers
27.3.1.
No
radio, television, microwave tower, amateur radio (i.e., HAM) antenna,
or wireless communications facility shall be constructed, erected,
expanded, or located within the City except in compliance with applicable
City regulations.
27.3.2.
No
commercial, radio, television, or microwave reflector antenna support
structure shall be closed [closer] to any residential district boundary
line or any area shown as residential on the current Comprehensive
Plan than a distance equal to the sum of the required yard specified
for the zoning district in which such building or structure is located,
plus 25 feet, plus twice the height of the portion of the structure
above two (2) stories. Such distance shall be measured as the shortest
possible distance in a straight line from the structure to the closest
point of such area or residence.
27.3.3.
The
location of radio, television, or microwave reflectors, antennas,
or support structures and associated foundations and any support wires
shall be prohibited within any required front or side yard.
27.3.4.
All
commercial communication operations or radio, television, or microwave
reflectors, antennas, or structures shall be prohibited in residential
districts.
27.3.5.
All
commercial signs, flags, lights and attachments other than those required
for communications operations, structural stability, or as required
for flight visibility by the Federal Aviation Administration (FAA)
and Federal Communications Commission (FCC) shall be prohibited.
27.4.
Residence
Hotels.
Residential hotels shall be designed to allow for their potential conversion to multifamily residences and as such shall comply with all minimum standards set forth in Section 16. Residence hotels constructed in the MF district shall comply with the MF district requirements. Open space shall be provided in sufficient quantity and locations to allow for required additional parking should the residence hotel convert to multifamily residences.
27.5.
Multifamily
Residence:
27.5.1.
Courts:
Where an apartment building is erected so as to create inner
courts, the faces of all opposite walls in such courts shall be a
minimum distance of thirty (30) feet apart and no balcony or canopy
shall extend into such court area for a distance greater than five
(5) feet.
27.5.2.
Usable
Open Space:
Each lot or parcel of land which is used
for multiple-family residences shall provide on the same lot or parcel
of land usable open space (as defined in Section 37.2.101 [Section
37.2.98]), in accordance with the table below:
|
USABLE OPEN SPACE REQUIREMENT
| |
|---|---|
|
Number of Bedrooms or Sleeping Rooms
|
|
|
1 or Less
|
600 Sq. Ft.
|
|
Each Additional Bedroom Over 1
|
300 Sq. Ft.
|
In those instances where a parcel of land has been zoned
for multifamily use with a Specific Use Permit or Planned Development
classification and the permitted densities do not conform exactly
with those permitted in the MF District, usable open space shall be
provided in accordance with that required for the multifamily zoning
district which most closely approximates the density permitted under
the SUP or PD.
In meeting this requirement, a credit of three (3) square feet
may be applied for each square foot utilized for swimming pools and
adjacent decks, patios, or lounge areas within ten (10) feet of a
pool; developed and equipped children's play areas; and usable portions
of recreational buildings. Tennis courts are specifically excluded
from this increased credit allowance. At the time of site plan approval,
the Planning and Zoning Commission and/or City Council may allow a
credit not to exceed ten percent (10%) of the total required usable
open space for adjacent and immediately accessible public parks. The
combined credit for areas calculated at a three-to-one basis and for
public parks shall not exceed fifty percent (50%) of the total usable
open space for an individual lot or parcel of land.
At the time of site plan approval, the City Council may give
full or partial credit for open areas that exceed the maximum slope,
if it is determined that such areas are environmental significant
and that their preservation would enhance the development.
27.6.
Service
Stations.
Gasoline service station pump islands may not
be located nearer than eighteen (18) feet to the front property line.
An unenclosed canopy for a gasoline filling station may extend beyond
the front building line but shall not be closer than ten (10) feet
to the property line.
27.7.
Swimming
Pools.
It is the purpose of the following provisions
to recognize an outdoor swimming pool as a potentially attractive
nuisance and to promote the safety and enjoyment of property rights
by establishing rules and regulations governing the location and improvement
of swimming pools whether privately, publicly, or commercially owned
or operated.
27.7.1.
No
swimming pool shall be constructed or used until a swimming pool building
permit has been issued therefor. No building permit shall be issued
unless the proposed sanitary facilities and water supply comply with
applicable local and State health departments regulations.
27.7.2.
A swimming
pool erected below ground or above ground with a depth of two (2)
feet or greater may be constructed and operated when:
27.7.2.1.
the pool is not located in any required front or side yard abutting
a street;
27.7.2.2.
a wall or fence, not less than six (6) feet in height, with self-enclosing
and self-latching gates that are lockable at all entrances, completely
encloses either the pool area or the surrounding yard area;
27.7.2.3.
all lighting of the pool is shielded or directed to face away from
adjoining residence. If lights are not individually shielded they
shall be so placed, or the enclosing wall or fence shall be so designed,
that direct rays from the lights shall not be visible for [from] adjacent
properties;
27.7.2.4.
no broadcasting system is used for the purpose of advertising the
operation of the pool or for the attraction of persons to the premises.
This shall not prevent a public address system necessary or useful
to the supervision of the pool and the safety of swimmers; and
27.7.2.5.
the swimming pool is no closer then eight (8) feet from any property
line.
27.8.
Fencing.
27.8.1.
Purpose:
To encourage the most appropriate use of land while protecting
the privacy and value of adjacent property and to provide for public
safety.
27.8.2.
Screening
of non-residential and multifamily development.
(a)
When
multifamily and/or non-residential uses side or back upon a single-family
or residential planned development district or when a non-residential
district sides or backs upon a multifamily district, a solid masonry
wall of not less than eight feet (8') shall be erected in conjunction
with landscaping elements on the property line separating the districts.
(1)
The owner of the multifamily property shall build and maintain the
required wall on the property line dividing the property from the
single-family residential district.
(2)
When screening is required between non-residential and residential
uses, the owner of the non-residential property shall build and maintain
the screening wall.
(b)
In
non-residential and multifamily zoning districts no wall shall be
erected in any front yard or side yard that is adjacent to a public
street unless the wall is required to screen the development from
an adjacent residential area. The wall shall be finished on both sides
in a manner and color that is compatible to the exterior finish of
the non-residential or multifamily building(s). Screening fences or
walls shall be placed such that they do not impede visibility for
vehicles entering or exiting the non-residential or multifamily development.
(c)
All
walls require permits.
(d)
Visual
clearance shall be provided in all zoning districts so that no fence,
wall, architectural screen, earth mounding or landscaping 30 inches
or higher above the street centerline obstructs the vision of a motor
vehicle driver approaching any street, alley, or driveway intersection
as follows:
(1)
At a street intersection, clear vision must be maintained for a minimum
of twenty-five feet (25') across any lot measured from the corner
of the property line in both directions;
(2)
At an intersection with an alley, this clearance must be maintained
for ten feet (10');
(3)
Shrubs and hedges that are typically less than 30 inches (30") in
height at maturity, as measured from the centerline of the street,
may be located in the visual clearance areas of all districts;
(4)
A limited number of single-trunk trees having a clear trunk (branching)
height of at least eight feet (8') may be located within sight visibility
areas provided that they are spaced and positioned such that they
will not produce a visibility inhibiting, "picket-fence" effect when
they attain mature size.
(e)
In
districts permitting open storage, screening shall be required for
those areas used for open storage. Open storage of materials, commodities
or equipment shall be screened with a minimum six foot (6') fence
or wall and shall not be visible from the street or adjacent property.
Screening of the area shall be by one or a combination of the following
methods:
(1)
Solid masonry consisting of rock, stone or other material that is
equivalent, visually and qualitatively.
(2)
Wrought iron in conjunction with solid landscape screening;
(3)
No outside storage may exceed the height of the fence. Outside storage
exceeding eight feet (8') shall require a conditional use permit.
(4)
Alternate equivalent screening must be approved by the city manager
or his/her designee.
(f)
Refuse
storage areas that are not within a screened rear service area and
that are visible from a public right-of-way shall be visually screened
by a solid masonry wall on at least three sides and comprised of materials
and colors that match the main structure. The wall shall be of an
appropriate height to completely screen the refuse storage areas from
view based on the height of the needed storage bin. The fourth side,
which is to be used for garbage pickup service, shall provide a solid
metal gate to secure the refuse storage area. Each refuse facility
shall be located so as to facilitate pickup by refuse collection agencies.
Reinforced concrete paved areas shall be provided for refuse facilities
and their approaches for loading and unloading.
(g)
Screening
walls shall be constructed of masonry, reinforced concrete or other
similar suitable materials that do not contain openings. All wall
openings shall be equipped with gates equal in height and screening
characteristics to the wall itself.
27.8.3.
Fences
in residential areas.
(a)
Location
and height requirements:
(1)
Any fence or wall located in a residential district shall not exceed
eight feet (8') in height.
(2)
Except as provided herein, no fence or wall shall be permitted within
the required front yard of any single-family residential lot that
is adjacent to a public street. No residential fence shall be closer
that fifteen feet (15') to a public street except in cases where the
side or rear building line of the yards on continuous corner lots
adjoin, the fence may be constructed out to the property line of said
side yard such that the street side yard may be included as part of
the lot's back yard area.
(b)
Any
residential fence shall be constructed of masonry, wrought iron, wood,
or other suitable permanent materials, except as provided in subsection
27.8.3(c).
(c)
Barbed
wire, electrical and/or chainlink fencing is prohibited as perimeter
fencing except for containment of farm animals on parcels of one or
more acres.
(d)
Gates
designed for vehicular access shall be set back from the front property
line a minimum of twenty-five feet (25')[.]
(e)
Swimming
pools shall be enclosed with a fence of not less than four feet (4')
height constructed of masonry, wrought iron, wood, or other suitable
permanent material.
(f)
Visual
clearance shall be provided in all zoning districts so that no fence,
wall, architectural screen, earth mounding or landscaping 30 inches
or higher above the street centerline obstructs the vision of a motor
vehicle driver approaching any street, alley, or driveway intersection
as follows:
(1)
At a street intersection, clear vision must be maintained for a minimum
of twenty-five feet (25') across any lot measured from the corner
of the property line in both directions;
(2)
At an intersection with an alley, this clearance must be maintained
for ten feet (10');
(3)
Shrubs and hedges that are typically less than 30 inches (30") in
height at maturity, as measured from the centerline of the street,
may be located in the visual clearance areas of all districts;
(4)
A limited number of single-trunk trees having a clear trunk (branching)
height of at least eight feet (8') may be located within sight visibility
areas provided that they are spaced and positioned such that they
will not produce a visibility inhibiting, "picket-fence" effect when
they attain mature size.
(g)
Special
purpose fencing, such as fencing around tennis courts, is permitted
upon written approval of the city manager or his/her designee.
27.8.4.
Mechanical
screening required.
(a)
All
roof-mounted equipment including, but not limited to, fans, vents,
air conditioning units and cooling towers shall be screened by a parapet
wall or other method of screening approved by the city manager or
his/her designee so as not to be visible at ground level from adjacent
properties and/or public rights-of-way, including elevated thoroughfare
sections.
(1)
Overall screening height shall be the height of the highest element
of roof-mounted equipment.
(2)
The outside of the screening device, if independent of the building
facade, shall be painted or otherwise finished in a similar color
to the color of the building facade, trim or roof surface, whichever
color is more effective in minimizing the visibility of the equipment
and screen from ground level.
(b)
All
wall-mounted and ground-mounted equipment and appliances including,
but not limited to, fans, vents, air conditioning units and cooling
towers shall be adequately screed from view from public streets and
adjoining properties.
27.8.5.
Wooden
fence standards.
(a)
All
vertical posts shall be galvanized steel, a minimum of sixteen (16)
gauge thickness and spaced at a maximum of eight feet (8') on center,
set in a concrete footing. Picket fences, split rail fences, ranch
style or agricultural fences, or other types of open decorative fences
approved by the city manager or his/her designee shall be permitted
to use wooden posts.
(b)
All
pickets shall be a minimum 1/2-inch (1/2") thickness.
(c)
Wood
material shall be an insect-resist ant wood such as cedar or pressure
treated yellow pine. Spruce is not a permitted wood material.
(d)
The
fence shall have its backside (the side with exposed posts or rails)
oriented away from view from the adjacent street or right-of-way.
(e)
All
materials shall be securely fastened, vertical boards to horizontal
stringers, stringers to vertical posts, top rail, to ensure an ongoing
attractive appearance and safe condition, free from rot, rust, vandalism,
and other sources of decay.
(f)
The
bottom of the fence shall be designed to prevent ground-to-wood contact.
This can be achieved through the use of a concrete strip poured between
the fence supports or by raising the pickets to provide a minimum
of three inches (3") between the bottom of the pickets and the ground.
A two-inch by six-inch (2" x 6") kick board may be used to cover the
gap between bottom of pickets and ground. This kick board may have
ground contact.
(g)
Wooden
fences on lots or tracts that are adjacent to a street and visible
from the street shall be constructed as board-on-board with a top
rail.
27.9.
Sale
of alcoholic beverages
27.9.1.
This
section shall not apply when the storage or serving of alcoholic beverages
is strictly for the consumption of the owners of the premises and
their guests at no charge. Otherwise, the storage, possession, or
sale of alcoholic beverages by anyone for consumption by anyone shall
be illegal unless on property zoned specifically for that purpose.
27.9.2.
The
storage, possession, or sale of any alcoholic beverage, when permitted
by the laws of this state, shall be regulated and governed as provided
herein and in other applicable ordinances of the city.
27.9.3.
No
person shall engage in the business of storing, selling, or possessing
any alcoholic beverage in the city unless the place of business of
such person is located in the use district of the city in which the
storing, selling, or possessing of such alcoholic beverage is permitted
and in accordance with all City ordinances and regulations.
27.9.4.
It
shall be unlawful for any person who is engaged in the business of
selling alcoholic beverages, either for on-premise or off-premise
consumption, to sell alcoholic beverages within three hundred (300)
feet of any church or public hospital. The measurement of the distance
between the alcoholic beverage store and the church or public hospital
shall be along the property lines of the street fronts and from front
door to front door, and in direct line across intersections.
27.9.5.
It
shall be unlawful for any person who is engaged in the business of
selling alcoholic beverages to sell alcoholic beverages within three
hundred (300) feet of any public or private school. The sale of alcoholic
beverages is also prohibited within one thousand (1,000) feet of a
private school if the City Council adopts by resolution a request
for the one thousand (1,000) foot separation from the governing body
of a private school. The measurement of the distance between the place
of business and the public or private school shall be:
(1)
in
a direct line from the property line of the public or private school
to the property line of the place of business, and in a direct line
across intersections; or
(2)
if
the permit or license holder is located on or above the fifth story
of a multistory building, in a direct line from the property line
of the public or private school to the property line of the place
of business, in a direct line across intersections, and vertically
up the building at the property line to the base of the floor on which
the permit or license holder is located.
27.9.6.
If
a restaurant receives seventy-five (75) percent or more of its gross
revenue on a quarterly basis from the sale of alcoholic beverages
for on-premise consumption, the use will no longer qualify, or initially
qualify, to be classified as a restaurant and will be classified and
regulated by the City as an Alcoholic Beverage Establishment.
27.9.7.
Notwithstanding
any other provision in this ordinance, it shall be unlawful for any
person who is engaged in the business of selling alcoholic beverages
to sell beer in any residentially zoned area.
27.9.8.
[Reserved]
27.9.9.
(a)
This
section applies only to a permit or license holder under Chapter 25,
28, 32, 69, or 74 of the Texas Alcoholic Beverage Code who does not
hold a food and beverage certificate.
(b)
Except
as provided by this subsection, the provisions of Section 27.9.5 of
this Code relating to a public school also apply to a day-care center
and a child-care facility as those terms are defined by Section 42.002,
Texas Human Resources Code.
(c)
This
section does not apply to a permit or license holder who sells alcoholic
beverages if:
(1)
the permit or license holder and the day-care center or child-care
facility are located on different stories of a multistory building;
or
(2)
the permit or license holder and the day-care center or child-care
facility are located in separate buildings and either the permit or
license holder or the day-care center or child-care facility is located
on the second story or higher of a multistory building.
(d)
This
section does not apply to a foster group home, foster family home,
family home, agency group home, or agency home as those terms are
defined by Section 42.002, Texas Human Resources Code.
27.10.
Dumpsters
and Dumpster Enclosures.
A.
Intent.
The intent of this section is to establish rules for enclosed
dumpster areas in order to:
B.
Screening
requirements for existing dumpsters.
This subsection
is intended to regulate dumpsters placed within the City on or before
August 25, 2014.
1.
Existing
dumpsters which, in the judgment of the Code Enforcement Officer,
meet the intent of this section shall be exempt from the specific
requirements herein.
2.
Existing
dumpsters which, in the judgment of the Code Enforcement Officers,
do not meet the intent of this subsection shall either remove the
dumpster or cause the following improvements to be made on or before
October 1, 2016;
b)
Installation
of screening to prevent the scattering of trash and debris.
c)
All
dumpster enclosures shall be placed on a concrete pad with a concrete
apron, with such concrete apron and pad meeting strength standards
for fire lines.
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Screening must be solid and opaque and may be constructed of
wood or masonry on at least 3 sides. The fourth side may be chain-link
or tubular steel if it is a gate.
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C.
Screening
requirements for new dumpsters.
All dumpsters placed
within the City on or after August 25, 2014 shall meet the following
requirements:
1.
All properties
that utilize a dumpster shall also provide an enclosed dumpster area.
2.
All dumpster
enclosures shall be located behind the front building line or behind
the front corner of the primary structure, whichever is the greater
distance from the front property line. If the topography or other
conditions will not allow the dumpster enclosure to meet this requirement,
a site plan shall be required and the Planning and Zoning Commission
shall designate an appropriate location on the site plan.
3.
Dumpsters
shall be surrounded by an opaque enclosure that is masonry and compatible
with the design and color of the principal building. Chain-link fence
shall not be permitted as an enclosure except that a gate on one side
may be chain-link or tubular steel.
4.
Dumpster
enclosures shall have a minimum height of 6 feet if the dumpster is
4 feet or shorter. If the dumpster is taller than 4 feet, the enclosure
shall be 2 feet taller in height than the dumpster.
5.
All dumpster
enclosures shall be placed on a concrete pad with a concrete apron,
with such concrete apron and pad meeting strength standards for fire
lines.
6.
Dumpster
enclosures shall not be located on any required parking spaces.
7.
Dumpster
enclosures shall not be located any closer than 4 feet to a lot line.
8.
Dumpster
enclosures shall not be located within any required buffers or easements.
27.11.
Permitted
Select Agricultural Activity in non-Agriculture Districts.
A.
The following uses shall be allowed in non-agriculture districts if the requirements of subsection B., below, are all met: cultivating the soil, producing crops for human food, animal feed, or planting seed or for the production of fibers; floriculture, viticulture, and horticulture; planting cover crops or leaving land idle for the purpose of participating in a governmental program, provided the land is not used for residential purposes or a purpose inconsistent with agricultural use; and planting cover crops or leaving land idle in conjunction with normal crop rotation procedure.
27.12.
Home
Occupations
A.
Home occupation definition.
(1)
Home occupation. An occupation,
which is secondary to the primary use of a dwelling as a residence,
conducted on residential premises by the occupant of the residence.
B.
Home occupation regulations.
No city approval is required
for home occupations. However, home occupations are subject to the
following conditions and requirements:
(1)
No signage associated with the home occupation and visible from outside
of the dwelling shall be allowed on the premises.
(2)
No more than one (1) non-relatives may be employed on-site in addition
to those residing in the home.
(3)
Outdoor activities are not allowed, unless the activities are screened
from neighboring properties and public rights-of-way and limited to
the hours between 9:00 a.m. to 8:00 p.m.
(4)
There shall be no exterior storage of materials, equipment, and/or
supplies used in conjunction with the home occupation.
(5)
A maximum of one commercial vehicle, capacity one ton or less, may
be used or parked on the property in connection with the home occupation.
The commercial vehicle shall not be parked in the street.
(6)
The home occupation shall not require regular or frequent deliveries
by large delivery trucks or vehicles in excess of 1 ton.
(7)
A home occupation shall not serve as an office or storage facility
for a vehicle fleet operation in which fleet vehicles visit the site.
A "fleet" is defined as three (3) or more business vehicles.
(8)
The home occupation shall not produce offensive noises, vibrations,
smoke, dust, odors, heat, or glare beyond the property lines.
(9)
No major alterations to the property or exterior of the dwelling
unit or accessory buildings shall be allowed that changes the residential
character of the buildings. The home occupation use shall be clearly
incidental and secondary to the residential use of the dwelling.
(10)
No repair or servicing of vehicles, internal combustion engines,
large equipment, or large appliances is allowed.
(11)
No storing of hazardous materials for business purposes is allowed
on the premises.
(12)
Merchandise, commodities, goods, wares, materials, or products
shall not be offered or displayed for sale on the premises, excluding
permitted garage sales. Sales incidental to a service shall be allowed;
and orders previously made by telephone or at a sales party may be
filled on the premises.
(13)
No traffic shall be generated by a home occupation in greater
volumes than normally expected in a residential neighborhood or create
unreasonable parking or traffic congestion in the immediate neighborhood,
and any need for parking shall be accommodated within the off-street
parking provided for the residence (i.e. the driveway or garage).
(14)
Uses prohibited as home occupations shall include the following:
a.
Animal hospital, commercial stable, kennel;
b.
Bed and breakfast inn, boardinghouse or roominghouse;
c.
Day-care center with more than six children;
d.
Restaurant or on-premises food/beverage consumption of any kind;
e.
Automobile, boat or trailer repair, small engine or motorcycle
repair, large appliance repair, or the repair of any items with internal
combustion engine;
f.
Cabinetry, metal work, or welding shop;
g.
Office for doctor, dentist, veterinarian, or other medical-related
profession;
i.
On-premises retail or wholesale sale of any kind, except for
permitted garage sales;
j.
Commercial clothing laundering or cleaning;
k.
Mortuary or funeral home;
l.
Trailer, vehicle, tool, or equipment rental;
m.
Antique, gift, or specialty shop; and
n.
Any use defined by the building code as assembly, factory/industrial,
hazardous, institutional, or mercantile occupancy.
27.13.
Sexually
Oriented Businesses
A.
Restrictions; measurements; nonconforming uses.
1.
A person commits an offense if he or she operates or causes to be
operated a sexually oriented business within 1,000 feet of:
2.
A person commits an offense if he or she causes or permits the operation,
establishment, substantial enlargement or transfer of ownership or
control of a sexually oriented business located within 1,000 feet
of another sexually oriented business.
3.
A person commits an offense if he or she causes or permits the operation,
establishment or maintenance of more than one sexually oriented business
in the same building, structure or portion thereof or the increase
of floor area of any sexually oriented business in any building, structure
or portion thereof containing another sexually oriented business.
4.
For the purposes of subsection A.1. above, measurement shall be made
in a straight line, without regard to intervening structures or objects,
from the nearest portion of the building or structure used as a part
of the premises where a sexually oriented business is conducted to
the nearest property line of the premises of a church or school or
to the nearest boundary of an affected public park, residential district
or residential lot.
5.
For purposes of subsection A.2. above, the distance between any two
sexually oriented businesses shall be measured in a straight line,
without regard to intervening structures or objects, from the closest
exterior wall of the structure in which each business is located.
6.
(a)
Any sexually oriented business lawfully operating on the effective
date of this section that is in violation of subsections A.1. through
A.3. above shall be deemed a nonconforming use.
(b)
The nonconforming use will be permitted to continue for a period
not to exceed one (1) year unless sooner terminated for any reason
or voluntarily discontinued for a period of thirty (30) days or more.
(c)
The nonconforming uses shall not be increased, enlarged, extended,
or altered, except that the use may be changed to a conforming use.
(d)
If two or more sexually oriented businesses are within 1,000
feet of one another and otherwise in a permissible location, the sexually
oriented business which was first established and continually operating
at a particular location is the conforming use and the later-established
business is nonconforming.
7.
A sexually oriented business lawfully operating as a conforming use
is not rendered a nonconforming use by the location, subsequent to
the grant or renewal of the sexually oriented business license, of
a church, school, public park, residential district or residential
lot within 1,000 feet of the sexually oriented business. This provision
applies only to the renewal of a valid license and does not apply
when an application for a license is submitted after a license has
expired or has been revoked.
B.
Exemptions.
1.
If the city manager or their designee denies the issuance of a license
to an applicant because the location of the sexually oriented business
establishment is in violation of subsection A above, then the applicant
may, not later than ten (10) calendar days after receiving notice
of the denial, file with the city secretary a written request for
an exemption from the locational restrictions of this section.
2.
If the written request is filed with the city secretary within the
ten-day limit, the city council shall consider the request. The city
secretary shall set a date for the hearing within sixty (60) days
from the date the written request is received.
3.
A hearing by the city council may proceed if a quorum is present.
The city council shall hear and consider evidence offered by any interested
person. The formal rules of evidence do not apply.
4.
The city council may, in its discretion, grant exemption from the
locational restrictions of this section if it makes the following
findings:
(a)
The location of the proposed sexually oriented business will
not have a detrimental effect on nearby properties or be contrary
to the public safety or welfare;
(b)
The granting of the exemption will not violate the spirit and
intent of this section;
(c)
The location of the proposed sexually oriented business will
not downgrade the property value or quality of life in the adjacent
areas or encourage the development of urban blight;
(d)
The location of an additional sexually oriented business in
the area will not be contrary to any program of neighborhood conservation
nor will it interfere with any efforts of urban renewal or restoration;
and
(e)
All other applicable provisions of this section will be observed.
5.
(a)
The city council shall grant or deny the exemption by majority
vote.
(b)
Failure to reach a majority vote shall result in denial of the
exemption. Disputes of fact shall be decided on the basis of a preponderance
of the evidence.
(c)
The decision of the permit and license appeal council is final.
6.
(a)
If the city council grants the exemption, the exemption is valid
for one (1) year from the date of the city council's action.
(b)
Upon the expiration of an exemption, the sexually oriented business
is in violation of the locational restrictions of subsection A above
until the applicant applies for and receives another exemption.
7.
If the council denies the exemption, the applicant may not reapply
for an exemption until at least twelve (12) months have elapsed since
the date of the council action.
8.
The grant of an exemption does not exempt the applicant from any
other provisions of this section other than the locational restrictions
of subsection A above.
C.
Display of sexually explicit material to minors.
1.
A person commits an offense if, in a business establishment open
to persons under the age of seventeen (17) years, he or she displays
a book, pamphlet, newspaper, magazine, film or videocassette, the
cover of which depicts in a manner calculated to arouse sexual lust
or passion for commercial gain, or to exploit sexual lust or perversion
for commercial gain, any of the following:
(a)
Human sexual intercourse, masturbation or sodomy;
(b)
Fondling or other erotic touching of human genitals, pubic regions,
buttocks or women's breasts;
(c)
Less than completely and opaquely covered human genitals, buttocks,
or that portion of the female breast below the top of the areola;
or
(d)
Human male genitals in a discernibly turgid state, whether covered
or uncovered.
2.
For the purpose of this section, the following definition shall apply,
unless the context clearly indicates or requires a different meaning:
|
Display. To locate an
item in a manner that, without obtaining assistance from an employee
of the business establishment:
| |
|
(1)
|
It is available to the general public for handling and inspection;
or
|
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(2)
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The cover, outside packaging or contents of the item is visible
to members of the general public.
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(Ordinance 2016-06-09-05 adopted 5/24/16; Ordinance 2018-06-25-05 adopted 6/25/18; Ordinance
2019-04-18-01 adopted 4/18/19; Ordinance 2021-07-15-02 adopted 7/15/2021; Ordinance 2022-03-17-03 adopted 3/17/2022)
28.1.
General
Provision
28.1.1.
As
permitted under the provisions of this ordinance, a property owner
may apply for a specific use of property, as authorized by the zoning
district in which the property is located. The Planning and Zoning
Commission shall consider such application. After proper notice and
a public hearing, the Planning and Zoning Commission shall make a
recommendation to the City Council regarding any application for a
Specific Use Permit. The Planning and Zoning Commission may require
information, operating data, and expert evaluation concerning the
location and function and characteristics of any building or use proposed.
28.1.2.
An
application for a Specific Use Permit (SUP) shall be accompanied by
a site plan drawn to scale and showing the general arrangements of
the project, together with essential requirements such as off-street
parking facilities; size, height, construction materials and locations
of buildings; the uses to be permitted; location and construction
of signs; means of ingress and egress to public streets; visual screening
such as walls, landscaping, and fences; and the relationship of the
intended use to all existing properties and land uses in all directions
to minimum distance of two hundred (200) feet.
28.1.3.
After
proper notice and a public hearing, the City Council may grant a permit
for a specific use of property as authorized by the zoning district
in which the property is situated. The City Council may require information,
operating data, and expert evaluation concerning the location and
function and characteristics of any building or use proposed.
28.2.
Specific
Use Permit Regulations
28.2.1.
In
recommending that a specific use permit for the premises under consideration
be granted, the Planning and Zoning Commission shall determine that
such use or uses are harmonious and adaptable to building structures
and uses of adjacent property and other property in the vicinity of
the premises under consideration, and shall make recommendations as
to requirements for the paving of streets, alleys, and sidewalks,
means of access to public streets, provisions for drainage, adequate
off-street parking, protective screening and open space, heights of
structures, and compatibility of buildings.
28.2.2.
The
City Council shall authorize issuance of a Specific Use Permit only
after determining that the proposed use or uses are harmonious and
adaptable to building structures and uses of adjacent property and
other property in the vicinity of the premises under consideration.
28.2.3.
The
City Council shall authorize issuance of a Specific Use Permit only
after determining that adequate provisions have been made for the
paving of streets, alleys, and sidewalks, means of access to public
streets, provisions for drainage, adequate off-street parking, protective
screening and open space, heights of structures, and compatibility
of buildings.
28.2.4.
No
Specific Use Permit shall be granted unless the applicant, owner,
and grantee of the Specific Use Permit shall be willing to accept
and agree to be bound by and comply with the written requirements
of the permit, as attached to the site plan drawing (or drawings)
and approved by the City Council. No public hearing is necessary for
site plan approval.
28.2.5.
Whenever
regulations or restrictions imposed by this ordinance are either more
or less restrictive than regulations imposed by any governmental authority
through legislation, rule, or regulation, the regulations, rules or
restrictions which are more restrictive or impose higher standards
or requirements shall govern. Regardless of any other provision of
this ordinance, no land shall be used and no structure erected or
maintained in violation of any State or Federal pollution control
or environmental protection law or regulation.
28.2.6.
When
the City Council authorizes granting of a Specific Use Permit, the
Zoning Map shall be amended according to its legend to indicate that
the affected area has conditional and limited uses.
(Ordinance 2016-06-09-05 adopted 5/24/16)
29.1.
Purpose.
To secure safety from fire, panic and other dangers; to lessen
congestion in the streets; to facilitate the adequate provisions of
transportation; to conserve the value of buildings; and to encourage
the most appropriate use of land, minimum off-street parking and loading
shall be provided as set forth in the following schedules and provisions.
29.2.
Off-Street
Parking Provisions
29.2.1.
Required
off-street parking shall be provided on the same site as the use it
serves.
29.2.2.
Parking
lots and driveways shall have a concrete paving surface, except under
the following conditions:
29.2.2.1.
Existing asphalt paving surfaces (hot mix asphaltic concrete or an
oil/chat [sic] mix) may be retained and utilized.
29.2.2.2.
Existing asphalt paving surfaces must meet all city regulations regarding
pavement condition, surface width, parking requirements, connection
to city street(s), handicap/disability requirements and other city
regulations.
29.2.3.
No
parking structure, including garages, carports, or similar structures,
shall be located within the required front, side, or rear yards of
a lot or tract (Exception: Ten (10) feet from your property line where
paved alleys are provided by developer).
29.2.4.
Temporary
food vendor trailers, portable buildings, or other nonconforming structures
must be located on a concrete or asphalt surface, and have at least
three (3) off-street customer vehicle parking spaces. The spaces may
be in an existing parking lot, provided that the owner of the parking
lot grants permission for the temporary food vendor to use the parking
spaces.
29.3.
Size
of Space
29.3.1.
[1] Each standard off-street surface parking space shall measure
not less than ten (10) feet by twenty (20) feet, exclusive of access
drives and aisles, and shall be of usable shape and condition. Where
it is possible for a vehicle to overhang the front of a parking space
above a paved, stoned, mulched, or grassed area other than a sidewalk,
street, right-of-way, or adjacent property, the length of the standard
space may be reduced to eighteen (18) feet.
29.3.2.
Each
small car off-street parking space shall measure not less than nine
(9) feet by sixteen (16) feet, exclusive of access drives and aisles,
and shall be of usable shape and condition. Where it is possible for
a vehicle to overhang the front of a parking space above a paved,
stoned, mulched, or grassed area other than a sidewalk, street right-of-way
or adjacent property, the length of the small car space may be reduced
to fifteen (15) feet. All small car parking spaces shall be grouped
and located in specific areas so as not to be scattered throughout
a parking lot.
29.3.3.
A maximum of fifty percent
(50%) of the required parking for a general office or light manufacturing
plant may be permitted as small car spaces upon approval of a site
plan but only when both of the following conditions are met:
29.3.4.
Each
parking space (on-street or off-street) designed for parallel parking
shall have a minimum dimension of eight (8) feet by twenty-two (22)
feet.
29.3.5.
Each
standard parking space located in a parking garage shall measure not
less than nine (9) feet by twenty (20) feet, exclusive of access drives
or aisles.
29.3.6.
Commercial
driveway width shall be a minimum of 30' wide with a minimum thickness
of six (6) inch of concrete.
29.4.
Parking
Area Standards
29.4.1.
To
prevent nuisance situations, all parking area lighting shall be designed
and operated so as not to reflect or shine on adjacent properties.
For safety and firefighting purposes, free access through to adjacent
parking areas shall be provided where practical.
29.4.2.
Except
for single-family and duplex uses, parking spaces shall be permanently
and clearly identified by stripes, buttons, tiles, curbs, barriers,
or other approved methods. Nonpermanent type marking, such as paint,
shall be regularly maintained to ensure continuous clear identification
of the space.
29.5.
Off-Street
Parking Incidental to Main Use.
Off-street parking shall
be provided in accordance with the requirements specified by this
ordinance and located on the lot or tract occupied by the main use
or in accordance with Section 29.9 and located within the same zoning
district as the main use.
29.6.
Schedule
of Parking Requirements Based on Use.
Off-street parking
shall be provided in sufficient quantities to provide the following
ration of vehicle spaces for the uses specified in the districts designated.
(Where a calculation results in requiring a fractional space, one
additional space shall be required.)
29.6.1.
Bank,
savings and loan or similar financial establishment:
One (1) space for each two hundred (200) square feet of total floor
area.
29.6.2.
Business
or professional office, studio, 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) feet.
29.6.3.
Church
or other place of worship:
One (1) parking space for
each (4) seats in the main auditorium.
29.6.4.
Clinic
of doctor's or dentist's office:
One (1) space for each
two hundred (200) square feet of total floor area.
29.6.5.
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 as [on] the basis of one (1) space for each four (4) seats
that it contains.
29.6.6.
College
or university:
One (1) space for each two (2) students,
plus one (1) space for each classroom, laboratory or instruction area.
29.6.7.
Commercial
Amusement (indoor):
29.6.7a.
Bowling Alley - 6 spaces for each lane;
29.6.7b.
Racquetball or handball courts - 4 spaces for each court;
29.6.7c.
Indoor tennis courts - 6 spaces for each court;
29.6.7d.
Gymnasium, skating rinks, and martial arts schools or areas - 1 space
for each 3 seats at maximum seating capacity, plus 1 space for each
two hundred (200) square feet;
29.6.7e.
Swimming Pool - 1 space for each one hundred (100) square feet of
gross water surface and deck area;
29.6.7f.
Weight lifting or exercise areas - 1 space for each one hundred (100)
square feet;
29.6.7g.
Bingo Parlors - 1 space for 3 seats (design capacity) or 1 per one
hundred (100) square feet of total floor area, whichever is greater;
29.6.7h.
Indoor jogging or running tracks - 1 space for each one hundred (100)
linear feet;
29.6.7i.
All areas for subsidiary uses not listed above or in other parts of Section 25:6 [Section 29.6] (those uses such as restaurants, offices, etc., shall be calculated with the minimum specified for those individual uses) - 1 space for each one thousand (1,000) square feet.
29.6.7j.
Other - 1 space for each three (3) persons accommodated (design capacity).
29.6.8.
Dance
hall, assembly or exhibition hall (without fixed seats):
One (1) parking space for each sixty (60) square feet of floor area
used thereof.
29.6.9.
Day
nursery, day-care, kindergarten school:
One (1) space
per ten (10) pupils/clients (design capacity).
29.6.10.
Dwellings, single-family attached or detached:
Two (2)
parking spaces for each dwelling unit.
29.6.11.
Dwellings, multifamily:
Two and one-half (2.5) off-street
parking spaces shall be provided per unit. Required parking may not
be provided within the required front yard.
29.6.12.
Flea market:
One and one-half (1.5) spaces for each
two hundred (200) square feet of floor area or market area.
29.6.13.
Fraternity, sorority or dormitory:
One (1) parking space
for each two (2) beds.
29.6.14.
Furniture or appliance store, hardware store, wholesale establishments,
machinery or equipment sales and service, clothing or shoe repair
or service:
Two (2) parking spaces plus one (1) additional
parking space for each five hundred (500) square feet of floor area
over one thousand (1,000) square feet.
29.6.15.
Gasoline service station:
Minimum of 4 spaces plus 1
space for every two hundred (200) square feet of floor space including
incidental carwashes.
29.6.16.
Golf course:
Minimum of thirty (30) spaces per nine
(9) holes.
29.6.17.
Health care facility:
One (1) space for each four (4)
rooms or beds, whichever is greater.
29.6.18.
Hospital:
One (1) space for each two (2) beds.
29.6.19.
Hotel or motel:
One (1) parking space for each sleeping
room, unit, or guest accommodation plus one (1) space for each three
hundred (300) square feet of commercial floor area contained therein.
29.6.20.
Lodge, or fraternal organization:
One and one-fourth
(1.25) spaces per two hundred (200) square feet.
29.6.21.
Manufacturing, processing or repairing:
One (1) parking
space for each two (2) employees on the maximum working shift, plus
space to accommodate all vehicles used in connection therewith, but
not less than one (1) parking space for each 1,000 square feet of
floor area, whichever is greater.
29.6.22.
Massage establishment:
One (1) space for each two hundred
(200) square feet of floor area.
29.6.23.
Mini-warehouse:
Four (4) spaces per complex plus one
(1) space per five thousand (5,000) square feet of storage area.
29.6.24.
Mortuary or funeral home:
One (1) parking space for
each fifty (50) square feet of floor space in slumber rooms, parlors,
or individual funeral service rooms.
29.6.25.
Motor vehicle salesrooms and used car lots:
One (1)
parking space for each five hundred (500) square feet of sales floor
for indoor uses, or one (1) parking space for each one thousand (1,000)
square feet of lot area for outdoor uses.
29.6.26.
Office, general:
One (1) space for each three hundred
and fifty (300) [sic] square feet of total floor area.
29.6.27.
Office, medical:
One (1) space for each two hundred
(200) square feet of floor area.
29.6.28.
Office-showroom or office-warehouse:
One (1) space for
each one thousand (1,000) square feet of floor area for storage and
warehousing, plus one (1) space for each one hundred (100) square
feet of office, sales or display area.
29.6.29.
Private club:
If freestanding or located in a shopping center of 150,000 square
feet or less, one (1) space for each ten (10) square feet of bar,
lounge and waiting areas, plus one (1) space for each one hundred
(100) square feet of remaining floor area.
29.6.29a.
If located in a shopping center of greater than 150,000 square feet,
one (1) space for each one hundred (100) square feet of gross floor
area.
29.6.30.
Private country club or golf club:
One (1) parking space
for each two hundred fifty (250) square feet of floor area or for
every five (5) members, whichever is greater.
29.6.31.
Recreational area or building (other than listed):
One
(1) space for each two (2) persons to be normally accommodated in
the establishment.
29.6.32.
Restaurant, cafeteria, cafe or similar establishment:
One (1) parking space for every one hundred (100) square feet of
floor area plus six (6) additional stacking spaces if drive-through
windows are provided.
29.6.33.
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.
29.6.34.
Sanitarium, convalescent home, home for the aged or similar institutions:
One (1) parking space for each six (6) beds.
29.6.35.
School, elementary and middle:
One (1) parking space
for each five (5) seats in the auditorium or main assembly room, or
one (1) space for each classroom plus ten (10) spaces, whichever is
greater.
29.6.36.
School, secondary (grades 9 - 12):
One (1) parking space
for each four (4) seats in the main auditorium, or one (1) space for
each classroom plus one (1) space for each two (2) students accommodated
in the institution, whichever is greater.
29.6.37.
Shopping center:
One (1) space for each two hundred
(200) square feet of floor area. The total floor area used for restaurants
and cafeterias (but not including private clubs) which exceeds ten
percent (10%) of the shopping center floor area, shall require additional
parking to be provided in accordance with the requirements for restaurants.
29.6.37[a].
Storage or warehousing:
One (1) space
for each two (2) employees, or one (1) space for each one thousand
(1,000) square feet of total floor area, whichever is greater.
29.6.38.
Theater, auditorium (except school), meeting room, sports arena,
stadium, gymnasium, or other places of public assembly:
One (1) parking space for each four (4) seats or bench seating spaces.
29.6.39.
Vehicle repair garage:
Three (3) spaces per service
bay, plus one (1) space per employee (maximum shift), plus one (1)
space per tow truck or other service vehicle.
29.7.
Off-Street
Parking Requirements for Uses Not Listed.
For those uses
which are not matched with a parking requirement in Section 29.6,
the following standards shall apply:
|
General Use Category
|
Parking Space Requirements
| |
|---|---|---|
|
a.
|
Educational & Institutional
|
One space per employee
|
|
b.
|
Transportation, Utility & Communications Uses
|
One space per employee plus one space per stored vehicle
|
|
c.
|
Accessory & Incidental Uses
|
One space per employee
|
|
d.
|
Office & Professional Uses
|
One space per 300 square feet of gross floor area
|
|
e.
|
Automobile & Related Uses
|
One space per employee plus one space per stored vehicle
|
|
f.
|
Retail Uses
|
One space per 200 square feet of gross floor area
|
|
g.
|
Service Uses
|
One space per 200 square feet of gross floor area
|
|
h.
|
Wholesale Uses
|
Same as for "Storage or warehousing"
|
|
i.
|
Contract Construction Uses
|
One space per employee
|
|
j.
|
Commercial, Manufacturing, & Industrial Uses
|
Same as for "Manufacturing, processing, or repairing"
|
29.8.
Rules
for Computing Number of Parking Spaces.
In computing
the number of parking spaces required for each of the uses in Sections
29.1–29.7, the following rules shall govern:
29.8.1.
"Floor
Area" shall mean the gross floor area of the specific use.
29.8.2.
Where
fractional spaces result, the parking spaces required shall be rounded
to the nearest whole number.
29.8.3.
The
parking space requirement for a use not specifically mentioned herein
shall be the same as required for a use of similar nature.
29.8.4.
In
the case of mixed uses, the parking spaces required shall equal the
sum of the requirements of the various uses computed separately.
29.9.
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:
29.9.1.
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 more than three hundred (300) feet from an institutional
building served and not more than three hundred (300) feet from any
other nonresidential building served.
29.9.2.
Not
more than fifty percent (50%) of the parking spaces required for theaters,
bowling alleys, cafes, or similar uses and not more than eighty percent
(80%) of the parking spaces required for a church or school auditorium
or similar uses may be provided and used jointly by similar uses not
normally open, used or operated during the same hours as those listed;
provided, however, that written agreement thereto is properly executed
and filed as specified below.
29.9.3.
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 and executed by the parties concerned, and shall be filed with
the application for a building permit.
29.10.
Use
of Parking Spaces - All Districts.
Required off-street
parking and loading spaces shall be used only for these respective
purposes and shall not be used for storage or display of boats, trailers,
campers, motor vehicles or other goods, materials, [or] products for
sale.
29.11.
Special
Off-Street Parking Regulations
29.11.1.
[3] In computing the parking requirements for any development,
the total parking requirements shall be the sum of the specific parking
space requirements for each use included in the development. Where
multiple uses are proposed for a building, the parking requirements
shall be calculated on the basis of the most restrictive requirements
unless specific areas of different uses are delineated by floor or
building segment.
[3]
Numbered to follow.
29.11.2.
Wherever
a parking lot is located across the street from or adjacent or [to]
residentially zoned property, and is designed so that headlight beams
will shine into residences (whether or not such residences have been
built at the time the parking lot is constructed), and [an] irrigated
earthen berm or a solid masonry wall or reinforced concrete fence
of not less than three (3) nor more than four (4) feet in height above
the finished grade of the off-street parking area shall be erected
and maintained so as to provide a headlight screen for the residential
district.
29.11.3.
The
off-street parking spaces designated for each apartment (multifamily)
dwelling unit shall be located within one hundred (100) feet of the
dwelling unit served by such spaces.
29.11.4.
In all residential district[s],
no heavy load vehicle, truck trailer, truck tractor, mobile home,
motor home, camper, trailer, boat, machinery, farm equipment or machinery
or any other similar equipment or machinery (called collectively "equipment")
shall be parked or left standing for more than two (2) days out of
any consecutive seven (7) day period within the required front yard
or within the side yard of a corner lot between the side building
line and side property line on the side of the lot abutting a street
or public right-of-way.
In no event shall equipment, including motor vehicles, trucks,
and vans be parked or left standing at any time on a surface other
than a paved or gravel driveway or paved parking lot. The driveway
shall be located either:
1)
between
the street or alley on the one hand, and on the other a garage or
carport;
2)
in the
side yard adjacent to the mail [main] building; or
3)
as a
circular driveway serving the main entrance of the premises;
|
The driveway shall be no wider than the width of the garage,
carport (or 20 feet whichever is greater) or parking space which it
serves. No more than fifty percent (50%) of the front yard shall be
a driveway. In no event shall vehicles or equipment be parked or left
standing closer than five (5) feet from the front property line.
|
29.11.5.
All
uses except single-family residential uses shall be provided with
sufficient space for entering and exiting without backing into a public
street. Along highly traveled roadways of a collector designation
or larger, single-family lots shall also provide on-site maneuvering
areas so that exiting vehicles do not have to back into the roadway.
29.12.
Design
Standards For Parking Structures
29.12.1.
In
all districts, above-grade parking structures shall conform to height
restrictions for zoning districts in which they are located.
29.12.2.
The
distance from parking structure entry and exit points to a corner
of a street intersection shall conform to standards contained in the
Subdivision Ordinance.
29.12.3.
Ramps
shall not be constructed with slopes exceeding eleven percent (11%)
and single lane entrances shall not be less than twelve (12) feet
wide at the street.
29.12.4.
A
minimum of one (1) car length shall be provided between an exit control
gate and the inside edge of a sidewalk to minimize conflicts between
exiting cars and pedestrians.
29.12.5.
Parking
structure facades shall be left fifty percent (50%) open and interior
light levels shall be maintained at ten (10) footcandles to enhance
security and safety. All parking structure lighting shall be designed
so as not to reflect or shine on adjacent properties.
29.12.6.
Full
enclosure of any level of a parking structure may be permitted only
if such structure is fully sprinklered and mechanically ventilated.
29.13.
Off-Street
Loading
29.13.1.
All
retail, commercial, and industrial structures shall provide and maintain
off-street facilities for the loading and unloading of merchandise
and goods within the building or on the lot adjacent to a private
service drive.
At least one-half of such loading spaces shall have a minimum
dimension of ten (10) feet by forty (40) feet, and the remaining spaces
shall have a minimum dimension of ten (10) feet by twenty (20) feet.
Where such loading space is located adjacent to a residential
district, the space shall be enclosed on three (3) sides.
Loading spaces shall be provided in accordance with the following
schedule: FOR ALL RETAIL, COMMERCIAL AND INDUSTRIAL USES
|
FOR ALL RETAIL, COMMERCIAL AND INDUSTRIAL USES
| |
|---|---|
|
Square Feet of Gross Floor Area in Structure
|
Minimum Required Spaces or Berths
|
|
0 to 10,000
|
None
|
|
10,000 to 50,000
|
1
|
|
50,000 to 100,000
|
2
|
|
100,000 to 200,000
|
3
|
|
Each additional 100,000
|
1 additional
|
|
FOR ALL HOTELS, OFFICE BUILDINGS, RESTAURANTS, SIMILAR ESTABLISHMENT
| |
|---|---|
|
Square Feet of Gross Floor Area in Structure
|
Minimum Required Spaces or Berths
|
|
0 to 50,000
|
None
|
|
50,000 to 150,000
|
1
|
|
150,000 to 300,000
|
2
|
|
300,000 to 500,000
|
3
|
|
500,000 to 1,000,000
|
4
|
|
Each additional 500,000
|
1 additional
|
29.13.2.
Kindergartens,
day schools, and similar child training and care establishments shall
provide loading and unloading space on a private drive, off-street,
to accommodate one (1) motor vehicle for each ten (10) students or
children cared for by the establishment.
29.13.3.
Loading
docks for any establishment which customarily receives goods between
the hours of 9:00 p.m. and 8:00 a.m., and is adjacent to a residential
use or district, shall be designed and constructed so as to fully
enclose the loading operation in order to reduce the effects of the
noise of the operation on adjacent residences.
29.13.4.
Where
adjacent to residential uses or district, off-street loading areas
shall be screened from view of the residential use or district.
29.14.
Stacking
Requirements for Drive-Through Facilities
29.14.1.
A
stacking space shall be an area on a site measuring eight (8) feet
by twenty (20) feet with direct forward access to a service window
or station of a drive-through facility which does not constitute space
for any other circulation driveway, parking space, or maneuvering
area.
29.14.2.
For
financial institutions with drive-through facilities, each teller
window or station, human or mechanical, shall be provided with a minimum
of five (5) stacking spaces (from the right-of-way line).
29.14.3.
For
each service window of a drive-through restaurant, a minimum of seven
(7) stacking spaces (from the right-of-way line) shall be provided.
29.14.4.
For
kiosks, a minimum of two (2) stacking spaces (from the right-of-way)
for each service window shall be provided.
29.15.
Parking
for the Disabled
29.15.1.
[4] Required parking spaces for the disabled shall be provided
for all uses in accordance with Sections 29.15.3 and 29.15.4, "Required
Parking for the Disabled." Such spaces must be not less than 96" wide
with an adjacent aisle or clear space of at least 60" wide. One in
every eight wheelchair accessible spaces, not less than one, shall
be served by an access aisle a minimum 96 inches wide and shall be
designated "van accessible." A common aisle between two spaces may
be shared. All such spaces shall be striped and designated by signs
legibly stating that such parking space or spaces are restricted to
use only by the disabled. Each such sign must display a profile of
a wheelchair with occupant and be placed so that it will not be obscured
by parked vehicles. The signs shall conform to the standard size,
weight, and length as set forth in the Texas Manual on Uniform Traffic
Control Devices. Such parking spaces shall be located as near as possible
to an access ramp, and such spaces shall not include any fire lane
or other area necessary for aisles or maneuvering of vehicles.
[4]
Original has this as Subsection 29.16.1.
29.15.2.
The
owner of private property open to the public for parking purposes
shall designate specific parking spaces for the disabled in conformance
with the rules promulgated by the State Purchasing and General Services
Commission as modified and/or supplemented by the provisions, if any,
of this City Zoning Ordinance.
29.15.3.
RESIDENTIAL
USES
|
|
Required Number of Disabled Parking Spaces
|
Required For Each*
|
|---|---|---|
|
Residential Uses (Apartment complexes)
|
0
|
1-20 required parking spaces
|
|
1
|
21-99 required parking spaces
| |
|
2
|
100-199 required parking spaces
| |
|
1
|
Additional 100 required parking spaces, with a maximum of 15
disabled spaces being required
|
29.15.4.
ALL
NONRESIDENTIAL USES
|
Total Parking in Lot
|
Required Number of Accessible Spaces
|
|---|---|
|
1 to 25
|
1
|
|
26 to 50
|
2
|
|
51 to 75
|
3
|
|
76 to 100
|
4
|
|
101 to 150
|
5
|
|
151 to 200
|
6
|
|
201 to 300
|
7
|
|
301 to 400
|
8
|
|
401 to 500
|
9
|
|
501 to 1,000
|
2 percent of total
|
|
1,001 and over
|
20 plus 1 for each 100 over 1,000
|
|
*Accessible parking spaces may be used to meet the required
number of parking spaces.
|
(Ordinance 2016-06-09-05 adopted 5/24/16; Ordinance 2016-06-09-05 adopted 6/9/16; Ordinance
2017-03-23-01, sec. 2.03, adopted 3/23/17; Ordinance 2018-09-17-01 adopted 9/17/18)
30.1.
Height.
No accessory building shall exceed twenty-five (25) feet in
height, nor shall it be greater in height than the main structure.
30.2.
Accessory
dwelling unit (ADU) regulations.
(A)
An ADU
is defined as a subordinate building/structure intended for habitation.
ADUs shall not be permitted without a main building or primary use
in existence and are subject to zoning district regulations.
(B)
ADUs
are prohibited in all zoning districts other than the AG, agricultural
zoning district or SF-E, single-family estate zoning district. In
these districts, ADUs shall be allowed as an incidental residential
use of a primary residential structure, located on the same lot as
the primary residential structure, and shall meet the standards listed
herein.
(C)
An ADU
may not be sold separately from sale of the entire property, including
the primary residential structure, and shall not be subdivided, rented
or sublet.
(D)
An ADU
is not permitted without the primary residential structure.
(E)
Utility
services shall be metered by the same meter as that which serves the
main structure on the premises, unless otherwise allowed by the building
official.
(F)
ADUs
shall abide by the same setback, height, and architectural regulations
as other accessory structures, except that the rear yard setback shall
be twenty (20) feet and the ADU must be placed behind the primary
residential structure.
(G)
ADU's
shall utilize the same driveway as the main residential structure
and shall use the same water and sewer connections as the main residential
structure.
(H)
The total
conditioned square footage of an ADU is limited to 800 square feet
for lots that are less than one-half (1/2) acre in size. Lots that
are one-half (1/2) acre or greater in area may construct an ADU up
half the square footage of the main residential structure if all other
regulations are met.
(I)
No ADU
or living quarters shall be used or occupied as a place of abode or
residence by anyone other than a family member or guest of the owner/occupant
of the primary residential structure or a bona fide caretaker, servant
or farm worker actually and regularly employed by the landowner or
occupant of the main building.
(J)
Only
one ADU, including a garage ADU, or servant's/caretaker's quarters,
shall be allowed on any lot, and the ADU shall be clearly incidental
to the primary residential structure.
30.3.
Area
Regulations for Accessory Buildings or Structures in Residential and
Apartment Districts
30.3.1.
Front
Yard:
Attached accessory buildings, including garages
and carports, shall have a front yard not less than the main building,
or as specified in the particular district. Detached accessory buildings
shall not be located in the Front Yard.
30.3.2.
Side
Yard:
There shall be a side yard not less than five (5)
feet from any side lot line, alley line, or easement line, except
that adjacent to a side street, the side yard shall never be less
than twenty (20) feet.
30.3.3.
Rear
Yard:
There shall be a rear yard not less than ten (10)
feet from any lot line, alley line, or easement line. Carports, garages,
or other accessory buildings located within the rear portion of a
lot, as heretofore described, shall not be located closer than fifteen
(15) feet to the main building nor nearer than five (5) feet to any
side lot line.
(Ordinance 2016-06-09-05 adopted 5/24/16; Ordinance
2021-05-20-03 adopted 5/20/2021)
31.1.
Zoning
Required Prior to Approval of Plat.
The City Council
shall not approve any plat of any subdivision within the city limits
until the area covered by the proposed plat shall have been permanently
zoned by the City Council.
31.2.
Annexation
Prior to Approval of Plat.
The City Council shall not
approve any plat or any subdivision within any area where a petition
or ordinance for annexation or a recommendation for annexation to
the city is pending before the City Council unless and until such
annexation shall have been approved by ordinance by the City Council.
31.3.
Contemporaneous
Action on Zoning and Annexation.
In the event the City
Council holds a hearing on proposed annexation, it may, at its discretion,
hold a contemporaneous hearing upon the permanent zoning that is to
be applied to the area or tract to be annexed. The City Council may,
at its discretion, act contemporaneously on the matters of permanent
zoning and annexation.
(Ordinance 2016-06-09-05 adopted 5/24/16)
32.1.
Procedure
For Classifying New/Unlisted Uses.
It is recognized that
new types of land use will develop and forms of land use not anticipated
may seek to locate [in] the city. In order to provide for such changes
and contingencies, a determination as to the appropriate classification
of any new or unlisted] form of land use shall be made as follows:
32.1.1.
The
Zoning Administrator shall refer the question concerning any new or
unlisted use to the Planning and Zoning Commission requesting a recommendation
to the City Council as to the zoning classification(s) into which
such use should be placed. The referral of the use interpretation
question shall be accompanied by a statement of facts listing the
nature of the use and whether it involves dwelling activity, sales,
processing, type of product, storage and amount and nature thereof,
enclosed or open storage, anticipated employment, transportation requirements,
the amount of noise, odor, fumes, dust, toxic material, and vibration
likely to be generated and the general requirements for public utilities
such as water and sanitary sewer. The Planning and Zoning Commission
shall make a recommendation to the City Council regarding the zoning
districts within which such use should be permitted.
32.1.2.
The
Planning and Zoning Commission and the City Council shall consider
the nature and described performance of the proposed use and its compatibility
with the uses permitted in the various districts, in determining the
zoning district or districts within which such use should be permitted.
32.1.3.
The
City Council shall by ordinance approve or make such determination
concerning the classification of such use as is determined appropriate,
based upon its findings.
(Ordinance 2016-06-09-05 adopted 5/24/16)
33.1.
Procedure
for Creating Building Site/Lot.
No permit for the construction
of a building or buildings upon any tract or plot shall be issued
until a building site, building tract, or building lot has been created
by compliance with one of the following conditions:
33.1.1.
The
lot or tract is part of a plat of record, properly approved by the
City Council and signed by the Mayor, and filed in the plat records
of the county and counties in which the lot or tract is located.
(Ordinance 2016-06-09-05 adopted 5/24/16)
34.1.
Uses
in Existence at Time of Adoption of Ordinance.
A nonconforming
status shall exist when a use or structure which does not conform
to the regulations prescribed in the district in which such use or
structure is located was in existence and lawfully operating prior
to the adoption of the Zoning Ordinance.
34.2.
Expansion
of Nonconforming Use Prohibited.
No nonconforming use
or structure may be expanded or increased beyond the lot or tract
upon which such nonconforming use is located as of the effective date
of this ordinance except to provide off-street loading or off-street
parking space upon approval of the City Council. However, an accumulative
10% increase in structure can be achieved on the same lot if approved
the City Council.
34.3.
Repairs/Normal
Maintenance on Nonconforming Uses Permitted.
Repairs
and normal maintenance may be made to a nonconforming building provided
that no structural alterations or extensions shall be made except
those required by law or ordinance, unless the building is changed
to a conforming use.
34.4.
Change
of Nonconforming to Conforming Use.
Any nonconforming
use may be changed to a conforming use and once such change is made,
the use shall not thereafter be changed back to a nonconforming use.
34.5.
Abandonment/Discontinuation
of Nonconforming Use.
Whenever a nonconforming use is
abandoned, all nonconforming rights shall cease and the use of the
premises shall thenceforth be in conformity with this ordinance. Abandonment
shall involve the intent of the user or owner to discontinue a nonconforming
operation and the actual act of discontinuance. Discontinuance of
a business or the vacancy of a building or premises occupied by a
nonconforming use for a period of six (6) months shall be construed
as conclusive proof of intent to abandon the nonconforming use. Any
nonconforming use not involving a permanent type of structure which
is moved from the premises shall be considered to have been abandoned.
34.6.
Accidental
Destruction of Nonconforming Use.
If a nonconforming
structure other than a residential structure or a structure occupied
by a nonconforming use is destroyed by fire, act of God or other cause,
it may not be rebuilt except to the provisions of this ordinance.
In the case of partial destruction of a nonconforming use not exceeding
sixty percent (60%) of its reasonable value, reconstruction may be
permitted after a hearing and favorable action by the City Council,
but the size and function of the nonconforming use shall not be expanded.
However, a residential structure (other than a Manufactured house)
existing on a tract when this ordinance was adopted can be rebuilt
if partially or totally destroyed, or remodeled and expanded.
34.7.
Replacement
of Nonconforming HUD-Code Manufactured Home.
A nonconforming
HUD-Code manufactured home or mobile home may not be exchanged or
replaced by another HUD-Code manufactured home or mobile home.
34.8.
Nonconforming
structures.
All buildings that are Nonconforming and
are being converted to a new conforming use shall meet all adopted
building codes prior to issuance of a Certificate of Occupancy.
34.9.
Permitted
nonconforming structure.
Temporary food vendors shall
be permitted to sell edible goods from nonconforming structures, such
as a vendor trailer or portable building, provided that the temporary
food vendor complies with all other provisions of the Zoning Ordinance
for the City of Gunter.
(Ordinance 2016-06-09-05 adopted 5/24/16)
35.1.
Organization
and Appointment.
The organization and appointment of members of the planning and zoning commission is set forth in and governed by Chapter 1 "General Provisions", Article 1.04 "Boards, Commissions, and Committees", of the Gunter Code of Ordinances.
35.1.1.
Membership:
The planning and zoning commission shall consist of seven (7)
members. Each member shall be a resident of the city and serve for
a term of two (2) years. Each member shall be removable for cause
by the majority vote of the appointing authority upon written charges
and after public hearing. Appointees shall fill positions that shall
be designated by place numbers (e.g., place 1, place 2, etc.). Vacancies
shall be filled for the unexpired term of any member whose place becomes
vacant for any cause in the same manner as the original appointment
was made. City Council may appoint a City Councilmember to the Board
to act as Board liaison.
35.1.2.
Terms:
The terms of members filling places 1, 3, 5, and 7 shall expire
on June 30 of each odd-numbered year and the terms of members filling
places 2, 4, and 6 shall expire on June 30 of each even-numbered year.
Commission members may be appointed by the City council to successive
terms. Vacancies shall be filled for unexpired terms, but no members
shall be appointed for a term in excess of two (2) years. Newly appointed
members shall be installed at the first regular commission meeting
after their appointment.
35.1.3.
Organization:
The commission shall hold an organizational meeting in July
of each year. The commission shall meet on-call and shall designate
the time and place of its meetings. The commission shall adopt its
own rules of procedure and keep a record of its proceedings consistent
when the provisions of this ordinance and the requirements of law.
The Planning and Zoning Commission shall elect a chairman from its
own membership at its annual organizational meeting.
35.1.4.
Quorum
and Compensation:
A quorum for the conduct of business
shall consist of four members and/or alternate members of commission.
The members shall serve without compensation, except for reimbursement
of authorized expenses attendant to the performance of their duties.
35.2.
Duties
and Authority.
The Planning and Zoning Commission is
hereby charged with the duty and invested with the authority to:
35.2.1.
Formulate
and recommend to the City Council for its adoption a city plan for
the orderly growth and development of the city and its environs and
from time to time recommend such changes in the plan as it finds will
facilitate the movement of people and goods, and the health, recreation,
safety, and general welfare of the citizens of the city.
35.2.2.
Formulate
a zoning plan as may be deemed best to carry out the goals of the
city plan; hold public hearings and make recommendations to the City
Council relating to the creation, amendment, and implementation of
zoning regulations and districts as authorized under state law.
35.2.3.
Exercise
all powers of a commission as to approval or disapproval of plans,
zoning requests, plats, or replats as authorized under state law.
35.2.4.
Study
and recommend the location, extension, and planning of public rights-of-way,
parks, or other public places, and on the vacating or closing of same.
35.2.5.
Study
and make recommendations regarding the general design and location
of public buildings, bridges, viaducts, street fixtures, and other
structures and appurtenances.
35.2.6.
Initiate,
in the name of the city, proposals for the opening, vacating, or closing
of public rights-of-way, parks, or other public places and for the
change of zoning district boundaries on the area-wide basis.
35.2.7.
Formulate
and recommend to the City Council for its adoption policies and regulations
consistent with the adopted city plan governing the location and/or
operation of utilities, public facilities, and services owned or under
the control of the city.
35.2.8.
[1] Make regular reports to the City Council. In lieu of specific
written reports, the minutes of meetings can constitute reports to
the City Council for purposes of considering zoning changes and other
actions of the Commission. Annual reports shall be given each May
summarizing its activities for the past year and a proposed work program
for the coming year.
[1]
Original has this as Subsection 32.2.8.
(Ordinance 2016-06-09-05 adopted 5/24/16; Ordinance 2018-02-19-01 adopted 2/19/18; Ordinance
2018-06-25-02 adopted 6/25/18; Ordinance 2021-04-15-01 adopted 4/15/2021; Ordinance 2022-12-14-04 adopted 12/14/2022)
36.1.
Creation,
Membership and Procedures:
36.1.1.
Zoning
Board of Adjustment Established:
A Zoning Board of Adjustment
is hereby reestablished in accordance with the provisions of Texas
Local Government Code, Section 211.008, as amended, regarding the
zoning of cities and with the powers and duties as provided in said
Code.
36.1.3.
Hearings:
The hearings of the Board shall be public. The Board shall hear
the intervention of any owner of property adjacent to, in the rear
of, or across the street from a lot as to which the granting of any
permit is pending, and shall also hear any other parties in interest.
All hearings are to be heard by at least four (4) members of the Board.
36.1.4.
Meetings:
Regular meetings of the Board shall be held at such times as
the Board may determine. Special meetings of the Board shall be held
at the call of the chairman or at the written request of two regular
members of the Board, or city staff, and said request to be submitted
to the Chairman.
36.1.5.
Rules
and Regulations:
The Board shall keep minutes of its
proceedings, showing the vote of each member upon each question or,
if absent or failing to vote, indicating such vote, 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. The Board shall act by resolution in which
four (4) members must occur [concur]. The Board shall adopt from time
to time such additional rules and regulations as it may deem necessary
to carry into effect the provisions of the ordinance, and shall furnish
a copy of the same to the Zoning Administrator and the Building Inspector,
all of which rules and regulations shall operate uniformly in all
cases. All of its resolutions and orders shall be in accordance therewith.
36.2.
Powers
and Duties of Board
36.2.1.
Appeals
Based on Error:
The Board shall have the power to hear
and decide appeals where it is alleged there is error of law in any
order, requirement, decision or determination made by an administrative
official of the city of the enforcement of this ordinance.
36.2.2.
Special
Exceptions:
Upon issuance of specific written findings
of fact, the Board shall have the power to hear and decide special
exceptions to the terms of this ordinance upon which the Board is
required to pass as follows:
36.2.2.1.
Permit the erection and use [of] a building or the use of premises
for railroads if such uses are in general conformity with the Master
Plan and present no conflict or nuisance to adjacent properties.
36.2.2.2.
Permit a public utility or public service or structure in any district,
or a public utility or public service building of a ground area and
of a height at variance with those provided for in the district in
which such public service building is permitted to be located, when
found reasonably necessary for the public health, convenience, safety,
or general welfare.
36.2.2.3.
Grant a permit for the extension of a use, height, or area regulation
into an adjoining district where the boundary line of the district
divides a lot in a single ownership on the effective date of this
ordinance.
36.2.2.4.
Permit the reconstruction of a nonconforming building which has been
damaged by explosion, fire, act of God, or the public enemy, to the
extent of more than fifty percent (50%) of its fair market value,
where the Board finds some compelling necessity requiring a continuance
of the nonconforming use and primary purpose of continuing the nonconforming
use is not to continue a monopoly.
36.2.2.5.
Waive or reduce the parking and loading requirements of any of the
districts, whenever the character or use of the building is such as
to make unnecessary the full provision of parking or loading facilities,
or where such regulations would impose an unreasonable hardship upon
the use of the lot, as contrasted with merely granting an advantage
or a convenience.
36.2.2.6.
Determine whether an industry should be permitted within the M-1
- Light Industrial District and M-2 - Heavy Industrial District because
[of] the methods by which it would be operated and because of its
effect upon uses within surrounding zoning districts.
36.2.2.7.
Rule on all applications on siting of manufactured homes in districts
not so zoned. Approval shall only be allowed in cases of extreme hardship
under guidelines established by the Board.
36.2.3.
Limitation
on Reapplications:
When the Board has denied a proposal,
no new applications of similar nature shall be accepted by the Board
or scheduled for twelve (12) months after the date of Board denial.
Applications which have been withdrawn at or before the Board meeting
may be resubmitted at any time for hearing before the Board.
36.2.4.
Vote
of Four Members Required:
The concurring vote of four members of the Board is necessary to:
36.2.5.
Vote
of Four Members Required:
The concurring vote of four
members of the Board is necessary to: [sic]
36.2.6.
Open
Meetings Act:
All meetings of the Zoning Board of Adjustments
where a quorum is present are subject to the Open Meetings Act.
36.2.7.
Written
Report:
A permanent written report regarding the actions
of the Board shall be filed with the City Secretary within 2 weeks
from the date of the action.
36.3.
Appeals
36.3.1.
Procedure:
Appeals may be taken to and before the Zoning Board of Adjustment
by any person aggrieved or by any officer, department, board or bureau
in the city. Such appeal shall be made by filing in the office of
the City Secretary a written notice of appeal and specifying the grounds
thereof. The office or department from which the appeal is taken shall
forthwith transmit to the Board all of the papers constituting the
record from which the action appealed was taken.
36.3.2.
Stay
of Proceedings:
An appeal shall stay all proceedings
in furtherance of the action appealed from unless the Building Inspector
shall certify to the Zoning Board of Adjustment that, by reason of
facts in the certificate, a stay would cause imminent peril to life
or property, in which case proceedings shall not be stayed otherwise
than by a restraining order which may be granted or [sic] by a court
of equity, after notice to the office [officer] from whom the appeal
was taken.
36.3.3.
Notice
of Hearing on Appeal:
The Board shall fix a reasonable
time for the hearing of the appeal or other matter referred to it,
and shall mail notices of such hearing to the petitioner and to the
owners of property lying within two hundred (200) feet of any point
of the lot or portion thereof on which a variation is desired, and
to all other persons deemed by the Board to be affected thereby, such
owners and persons being determined according to the current tax rolls
of the City. Depositing of such written notice in the mail shall be
deemed sufficient compliance therewith.
36.3.4.
Decision
by Board:
The Board shall decide the appeal within a
reasonable time. Upon the hearing, any party may appear in person
or by agent or attorney. The Board may reverse or affirm wholly or
partly or may modify the order, requirements, decision, or determination
as in its opinion ought to be made in the premises, and to that end,
shall have all powers of the officer or department from whom the appeal
is taken.
36.4.
Variances.
The Board shall have the power to authorize upon appeal in specific
cases such variances 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 this ordinance will result
in unnecessary hardship and so that the spirit of this ordinance shall
be observed and substantial justice done, including the following:
36.4.1.
Permit
a variance in the yard requirements of any district where there are
unusual and practical difficulties or unnecessary hardships in the
carrying out of the provisions due to an irregular shape of the lot
or topographical or other conditions, provided such variance will
not seriously affect any adjoining property or the general welfare.
36.4.2.
Authorize,
upon appeal, whenever a property owner can show that a strict application
of the terms of this ordinance relating to the construction or alteration
of buildings or structures will impose upon him unusual and practical
difficulties or particular hardship, such variances from the strict
application of the terms of this ordinance as are in harmony with
its own general purpose and intent, but only when the Board is satisfied
that granting of such variation will not merely serve as a convenience
to the applicant, but will alleviate some demonstrable and unusual
hardship or difficulty so great as to warrant a variance from the
Comprehensive Plan as established by this ordinance and at the same
time, the surrounding property will be properly protected.
36.4.3.
The
Board shall have the power to hear and decide appeals where it is
alleged there is error of law in any order, requirements, decision
or determination made by the Building Inspector in the enforcement
of this ordinance. Except as otherwise provided herein, the Board
shall have, in addition, the following specific powers:
36.4.3.1.
To permit the erection and use of a building or the use of premises
for railroads if such uses are in general conformance with the Master
Plan and present no conflict or nuisance to adjacent properties.
36.4.3.2.
To permit a public utility or public service or structure in any
district, or a public utility or public service building of a ground
area and of a height at variance with those provided for in the district
in which such public utility or public service building is permitted
to be located, when found reasonably necessary for the public health,
convenience, safety, or general welfare.
36.4.3.3.
To grant a permit for the extension of a use, height or area regulation
into an adjoining district, where the boundary line of the district
divides a lot in a single ownership on the effective date of this
ordinance.
36.4.3.4.
To permit the reconstruction of a nonconforming building which has
been damaged by explosion, fire, act of God, or the public enemy,
to the extent of more than fifty percent (60%) [sic] of its fair market
value, where the Board finds some compelling necessity requiring a
continuance of the nonconforming use.
36.4.3.5.
To waive or reduce the parking and loading requirements in any of
the districts, when (i) the character or use of the building is such
as to make unnecessary the full provision of parking or loading facilities;
or (ii) when such regulations would impose an unreasonable hardship
upon the use of the lot. The Board shall not waive or reduce such
requirements merely for the purpose of granting an advantage or a
convenience.
36.4.4.
A written application for variance
shall be submitted together with the required fee, accompanied by
an accurate legal description, maps, site plans, drawings and any
necessary data, demonstrating:
a)
that
special conditions and circumstances exist which are peculiar to the
land, structure or building involved and which are not applicable
to other lands, structures, or buildings in the same district;
b)
that
literal interpretation of the provisions of this ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the
same district under the terms of this ordinance;
c)
that
the special conditions and circumstances do not result from the actions
of the applicant;
d)
that
granting the variance requested will not confer on the applicant any
special privilege that is denied by this ordinance to other lands,
structures or buildings in the same district; and
e)
no nonconforming
use of neighboring lands, structures, or buildings in the same district
and no permitted use of lands, structures, or buildings in other districts
shall be considered grounds for the issuance of a variance.
36.5.
Changes.
The Board shall have no authority to change any provisions of
this ordinance and its jurisdiction is limited to hardship and borderline
cases, which may arise from time to time. The Board may not change
the district designation of any land either to a more or less restrictive
zone. The Board does not have the authority to grant use variances
(i.e., to approve a use that is not allowed by ordinance).
It is the intent of this ordinance that all questions of interpretation
and enforcement shall be first presented to the administrative official,
that such questions shall be presented to the Board only on appeal
from the decision of the Building Official and that recourse from
the decisions of the Zoning Board of Adjustment shall be to the courts
as provided by the laws of the State of Texas.
(Ordinance 2016-06-09-05 adopted 6/9/16; Ordinance
2022-12-14-04 adopted 12/14/2022)
37.1.
General
Rules of Construction.
The following rules of construction
shall apply to the interpretation of words used in this ordinance:
37.1.1.
words
used in the present tense include the future tense;
37.1.2.
words
used in the singular number include the plural number;
37.1.3.
words
in the plural number include the singular number;
37.1.4.
the
words "building" and "structure" are synonymous;
37.1.5.
the
words "lot," "plot" and "tract" are synonymous; and
37.1.6.
the
word "shall" is mandatory and not discretionary.
37.2.
Special
Definitions.
Except to the extent a particular provision
specifies otherwise, the following definitions shall apply throughout
this ordinance:
37.2.1.
Abutting
Property -
Property abutting upon a street shall also
be understood as abutting property on the other side of the street.
37.2.2.
Accessory
Use or Building -
A use or building subordinate to and
detached from the main building and used for purposes customarily
incidental to the primary use of the premises.
37.2.3.
Adjacent
-
Shall mean "next to" or "closest to" but shall not
necessarily mean "touching."
37.2.4.
Alley
-
A public space or thoroughfare which affords only
secondary means of access to property abutting thereon.
37.2.5.
Antenna/Microwave
Reflector -
An apparatus constructed of solid, mesh,
or perforated materials of any configuration that is used to receive
and/or transmit microwave signals from a terrestrial or orbitally
located transmitter or transmitter relay. This definition is meant
to include but is not limited to what are commonly referred to as
satellites which receive only earth stations.
37.2.6.
Antenna,
Radio or Television -
The arrangement of wires or metal
rods used in sending and/or receiving of electromagnetic waves.
37.2.7.
Apartment
-
A room or suite of rooms in a multifamily dwelling
or apartment house designed or occupied as a place of residence by
a single family, individual or group of individuals.
37.2.8.
Apartment
House -
Any building or portion thereof, which is designed,
built, rented, leased or let to be occupied as a home or place of
residence by three (3) or more families living in independent dwelling
units.
37.2.9.
Area
of the Lot or Building Site -
The area shall be the
net area of the lot or site and shall not include portions of streets
and alleys.
37.2.10.
Basement -
A building story which is partly underground,
but having a least one-half of its height above the average level
of the adjoining ground. A basement shall not be counted as a story
in computing building height.
37.2.11.
[Reserved.]
37.2.12.
Block -
An area enclosed by streets and occupied by
or intended for buildings; where this word is used a term of measurement,
it shall mean the distance along a side of a street between the nearest
two (2) streets which intersect said street on said side.
37.2.13.
Board of Adjustment -
The Zoning Board of Adjustment
of the City of Gunter.
37.2.14.
Buildable Width -
The width of the building site left
to be built upon after the required side yards are provided.
37.2.15.
Building -
Any structure built for the support, shelter
and enclosure of persons, animals, chattels or movable property of
any kind. When subdivided in a manner sufficient to prevent the spread
of fire, each portion so subdivided may be deemed a separate building.
37.2.16.
Building, Detached -
A building surrounded by yard
or open space on the same building lot.
37.2.17.
Building Ends -
Those sides of a building having the
least dimension as compared to the front or rear of a building. As
used in the building space regulations for multiple-family dwelling,
the term "building end" shall mean the narrowest side of a building
regardless of whether it front[s] upon a street, faces the rear of
the lot or adjoins the side lot line or another building.
37.2.18.
Building, Front Of -
The side of a building most nearly
parallel with and adjacent to the front of the lot on which it is
situated.
37.2.19.
Building Inspector -
The Building Official or person
charged with the enforcement of the zoning and building codes of the
city.
37.2.20.
Reserved.
37.2.21.
Building Line -
A line parallel or approximately parallel
to the street line at a specified distance therefrom constituting
the minimum distance from the street line that a building may be erected.
37.2.22.
Building Lot -
A single tract of land located within
a single block which (at time of filing for a building permit) is
designed by its owner or developer as a tract to be used, developed,
or built upon as a unit, under single ownership or control. It shall
front upon a street or approved place. Therefore, a "building lot"
may not coincide with a lot of record. A "building lot" may be subsequently
subdivided into two (2) or more "building lots," and a number of "building
lots" may be cumulated into one "building lot," subject to the provisions
of this ordinance.
37.2.23.
Building, Main or Primary -
A building in which is
conducted the principal use of the lot on which it is situated.
37.2.24.
Building Official -
The Building Inspector.
37.2.25.
Canopy -
Any structure of a permanent fixed nature
attached to or independent of the main structure, built and designed
for the purpose of shielding from the elements, persons or chattels
or a roof-like structure of a permanent nature which is supported
by or projects from the wall of a structure.
37.2.26.
Cellar -
A building story with more than one-half (1/2)
its height below the average level of the adjoining ground. A cellar
shall not be counted as a story in computing building height.
37.2.27.
Certificate of Occupancy and Compliance -
An official
certificate issued by the city through the enforcing official indicating
conformance with or approved conditional waiver from the zoning regulations
and authorizing legal use of the premises for which it is issued.
37.2.28.
Continuous -
Shall mean "touching" or "in contact."
37.2.29.
Court -
An open, unoccupied space, bounded on more
than two (2) sides by the walls of a building. An inner court is a
court entirely surrounded by the exterior walls of a building. An
outer court is a court having one (1) side open to a street, alley,
yard or other permanent space.
37.2.30.
Coverage -
The percent of a lot or tract covered by
the roof or first floor of a building.
37.2.31.
Depth of Lot -
The horizontal distance between the
front and rear lot lines when measured at their narrowest point.
37.2.32.
Depth of Rear Yard -
The mean horizontal distance between
the rear line of a building other than an accessory building and the
rear lot line except as modified in the text of any section in this
ordinance.
37.2.33.
District -
A section of the city for which the regulations
governing the area, height or use of the land and buildings are uniform.
37.2.34.
Duplex -
A building designed for occupancy by two families
living independently of each other within separate units which have
a common wall and are under one roof.
37.2.35.
Dwelling Unit -
A building or portion thereof designed
exclusively for residential occupancy, including one (1) family, two
(2) family, and multiple-family dwellings, except for buildings designed
and used as hotels.
37.2.36.
Family -
An individual or group of two or more persons
related by blood, marriage, adoption or guardianship including foster
children, exchange students, and servants together with not more than
two (2) additional persons not related by blood, marriage or adoption
to the previously identified individual or group, living together
as a single housekeeping unit in a dwelling unit or a Family Home
for the Disabled as defined by the Community Homes for Disabled Persons
Location Act, Article 1011n of V.A.C.S., as it presently exists or
may be amended in the future, but not including household care or
rehabilitation care facilities.
37.2.37.
Floodplain -
An area of land subject to inundation
by a 100-year frequency flood, as shown on the floodplain map of the
City of Gunter. The term "floodplain" is interchangeable with the
term "flood hazard area."
37.2.38.
Floor Area -
The total square feet of floor space within
the outside dimensions of a building including each floor level, but
excluding cellars, carports, garages or porches.
37.2.39.
Floor Area Ratio -
The ratio of total building floor
area to lot area.
37.2.40.
Reserved.
37.2.41.
Front Yard -
See Yard, front (Section 37.2.104a [Section
37.2.101a]).
37.2.42.
Garage Sale -
The sale of items normally accumulated
by a household subject to compliance with each of the following conditions:
37.2.43.
Gross Floor Area -
The gross floor area of a building
shall be measured by taking outside dimensions of the building at
each floor level.
37.2.44.
Heavy Load Vehicle (HLV) -
A self-propelled vehicle
having a Manufacturer's Recommended Gross Vehicle Weight (GVW) of
greater than 11,000 pounds, such as large recreational vehicles, tractor-trailers,
buses, vans, and other similar vehicles. The term "truck" shall be
construed to mean "heavy load vehicle" unless specifically stated
otherwise.
37.2.45.
Height -
The vertical distance of a building measured
from the average established grade at the street line or from the
average natural front yard ground level, whichever is higher, to (1)
the highest point of the roof's surface if a flat surface, (2) to
the deck line of mansard roofs, or (3) to the mean height level between
eaves and edge for hip and gable roofs and, in any event, excluding
chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water
towers, radio towers, ornamental cupolas, domes or spires, and parapet
walls not exceeding ten (10) feet. If the street grade has not be
[been] officially established, the average front yard grade shall
be used for a base level.
37.2.46.
Reserved.
37.2.47.
Landscape Screen -
Plant material of the evergreen
variety, a minimum of six (6) feet in height at the time of installation
and planted on four (4) foot centers. All such landscape screens shall
be permanently maintained. Adequate facilities shall be provided for
permanent watering at the time of installation.
37.2.48.
Light Load Vehicles (LLV) -
A self-propelled vehicle
having a Manufacturer's Recommended Gross Vehicle Weight not greater
than 11,000 pounds, and having no more than two (2) axles, such as
pickup trucks, vans, recreational vehicles, campers and other similar
vehicles, but not including automobiles and motorcycles.
37.2.49.
Living Unit -
The room or rooms occupied by a family
and which includes cooking facilities.
37.2.50.
Reserved.
37.2.51.
Lot -
An undivided tract or parcel of land under one
(1) ownership having frontage upon a public street or officially approved
place, either occupied or to be occupied by a building or building
group, together with accessory buildings, and used together with such
yards and other open spaces as are required by this ordinance, which
parcel of land is designated as a separate and distinct tract and
is identified by a tract or lot number or symbol in a duly approved
subdivision plat of record.
37.2.52.
Lot, Corner -
A lot abutting upon two (2) or more streets
at their intersection or upon two (2) parts of the same street forming
an interior angle of less than 135 degrees. A corner lot shall be
deemed to front on that street on which it has its least dimension,
unless otherwise specified by the Building Inspector.
37.2.53.
Lot Coverage -
The percentage of the total area of
a lot occupied by the base (first story of [or] floor) of a building
located on the lot or the area determined as the maximum cross-sectional
area of the building.
37.2.54.
Reserved
for future use.
37.2.55.
Lot Line, Front -
That boundary of a building lot which
is the line of an existing or dedicated street. Upon corner lots either
street line may be selected as the front lot line providing a front
and rear yard are provided adjacent and opposite, respectively, to
the front lot line.
37.2.56.
Lot Line, Rear -
That boundary of a building lot which
is most distant from or is most nearly parallel to the front lot line.
37.2.57.
Lot Line, Side -
That boundary of a building lot which
is not a front lot line or a rear lot line.
37.2.58.
Lot Lines -
The line bounding a lot as defined herein.
37.2.59.
Lot of Record -
A lot which is part of a subdivision,
a plat of which has been recorded in the office of the county clerk
of Bosque [Grayson] County; or a parcel of land the deed for which
is recorded in the office of the county clerk of Bosque [Grayson]
County prior to the adoption of this ordinance.
37.2.60.
Reserved.
37.2.61.
Lot or Building Site -
Land occupied or to be occupied
by a building and its accessory building, and including such open
spaces as are required under this ordinance, and having its principal
frontage upon a public street or officially approved place.
37.2.62.
Lot Width -
The width of a lot at the front building
lines.
37.2.63.
Main Building -
The building or buildings on a lot
which are occupied by the primary use.
37.2.64.
Manufactured Home (HUD-Code) Park -
Any tract of land,
under single ownership, of not less than three (3) acres and not more
than ten (10) acres, approved for occupancy by manufactured housing
and accessory structures related thereto and designed and operated
in accordance with standards herein set forth or as set forth in any
other ordinance of the City of Gunter relating to the location, use,
construction, operation or maintenance of manufactured housing.
37.2.65.
Manufactured Home (HUD-Code) Subdivision -
A tract of land of not less than two (2) acres to be used as a location primarily for owner-occupied HUD-Code manufactured homes and which has been final platted of record in its entirety in accordance with the City of Gunter Subdivision Regulations and in accordance with the Section 25 of this ordinance.
37.2.66.
Manufactured Modular Homes -
"Modular Home" means a
structure or building module as defined by statute and under the jurisdiction
and control of the Texas Department of Labor and Standards, installed
and used as a residence by a consumer, transportable in one (1) or
more sections on a temporary chassis or other conveyance device, and
designed to be used on 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
by statute; nor does it include building modules incorporating concrete
or masonry as the primary structural component.
37.2.67.
Manufacturing Processes -
Uses restricted from other
zoning districts but permitted in the M-1 and M-2 districts under
this definition are manufacturing and industrial uses which do not
emit dust, smoke, odor gas, fumes, or present a possible hazard beyond
the bounding property lines of the lot or tract upon which the use
or uses are located, and which do not generate noise or vibration
at the boundary of the lot or tract which is generally perceptible
in frequency or pressure above the ambient level of noise or vibration
in the adjacent area.
37.2.68.
Mobile Home Park -
See Manufactured Home (HUD-Code)
Park.
37.2.69.
Mobile Home Subdivision -
See Manufactured Home (HUD-Code)
Subdivision.
37.2.70.
Reserved
37.2.71.
Nonconforming Building or Use -
A building, structure
or use of land lawfully occupied at the time of the effective date
of this ordinance or amendments thereto, and which does not conform
to the use regulations of the district in which it is located.
37.2.72.
Occupancy -
The use or intended use of the land or
buildings by proprietors or tenants.
37.2.73.
Off-Street Parking Incidental to Main Use -
Off-street
parking spaces provided in accordance with the requirements specified
by this ordinance and located on the lot or tract occupied by the
main use or within two hundred (200) feet of such lot or tract and
located within the same zoning district as the main use or in an adjacent
parking [zoning] district.
37.2.74.
Off-Street Parking Space -
An area for the temporary storage of an automobile which shall be permanently reserved for such purpose and which shall not be within or on any public street, alley or other right-of-way. (See Section 29 for detailed descriptions and regulations.)
37.2.75.
Open Space -
Area included in any side, rear or front
yard or any unoccupied space on the lot that is open and unobstructed
to the sky except for the ordinary projections of cornices, eaves,
porches and plant material. Also see "Usable Open Space" (Section
37.2.101 [Section 37.2.98]).
37.2.76.
Open Storage -
The storage of any equipment, machinery,
commodities, raw, semi-finished materials, and building materials,
not accessory to a residential use, which is visible from any point
on the building lot line when viewed from ground level to six (6)
feet above ground level, for more than twenty-four (24) hours.
37.2.77.
Parking Space -
An all-weather surfaced area used for
parking a vehicle, not on a public street or alley, together with
an all-weather surfaced driveway connecting the area with a street,
permitting free ingress and egress without encroachment on the street.
37.2.78.
Planning and Zoning Commission -
The duly appointed
Planning and Zoning Commission of the City of Gunter.
37.2.79.
Plat -
A plan of a subdivision of land creating building
lots or tracts and showing all essential dimensions and other information
essential to comply with the subdivision standards of the City of
Gunter and subject to approval by the Planning and Zoning Commission.
37.2.80.
Reserved.
37.2.81.
Radio, Television and Microwave Towers -
Structures
supporting antenna for transmitting or receiving any portion of the
radio spectrum but excluding noncommercial antenna installations for
home use of radio or television.
37.2.82.
Residence -
Same as dwelling; when used with district,
an area of residential regulations.
37.2.83.
Residential District -
Any zoning district included
in this ordinance in which residential use constitutes the primary
permitted use classification, including the SF-E, SF-1, SF-2, MF,
MH-1 and MH-2 district classification.
37.2.84.
Room -
A building or portion of a building which is
arranged, occupied, or intended to be occupied as living or sleeping
quarters, but not including toilet or cooking facilities.
37.2.85.
Screening Device -
See "Landscape Screen."
37.2.86.
Setback -
The minimum horizontal distance between the
front wall of any projection of the building, excluding steps and
unenclosed porch and the side street.
37.2.87.
Sign -
An outdoor advertising device that is a structure,
or that is attached to or painted on a building, or that is leaned
against a structure for display on premises.
37.2.88.
Site Plan -
A detailed line drawing, to scale, showing
scale used, north arrow, date and title of project, clearly describing
the project and showing the following information:
a)
Property
lines, location and widths of all streets, alleys and easements.
b)
Proper
dimensions on all fundamental features such as lots, buildings, parking
spaces and landscaped areas.
c)
The
location of setback lines, driveway openings and sidewalks.
d)
All
proposed buildings, freestanding sign locations, parking areas and
open spaces.
e)
All
required landscaping, together with a description of type of material
to be used.
f)
A cross-section
of any required or proposed screening.
g)
Total
square footage of the development lot; total square footage of proposed
structures; total footage of landscaped areas; total percentage of
coverage; density of floor area ratio where applicable; height of
all structures; number of parking spaces: square footage and design
features of all signs; and solid waste collection facilities.
h)
Name,
address and telephone number of the proponent.
37.2.89.
Story -
The height between the successive floors of
a building from the top floor to the roof. The standard height for
a story is eleven (11) feet, six (6) inches.
37.2.90.
Street -
Any thoroughfare or public driveway, other
than an alley, more than thirty (30) feet in width, which has been
dedicated or deeded to the public or [for] public use.
37.2.91.
Street Line -
A dividing line between a lot, tract
or parcel of land and a contiguous street; the right-of-way.
37.2.92.
Structural Alterations -
Any change in the supporting
member of a building, such as a bearing wall, column, beams or girders.
37.2.93.
Structure -
(Same as Building.)
37.2.94.
Swimming Pool (Private) -
A swimming pool constructed
for the exclusive use of the residents of a single-family, two-family
or apartment dwelling and located within the required side or rear
yards; however, a pool shall not be located closer than eight (8)
feet to any property line.
37.2.95.
Tennis Court (Private) -
A surface designed and constructed
for playing the game of tennis along with all fencing, nets and related
appurtenances but excluding lighting for night play in residential
areas except as may be otherwise provided or restricted by the Specific
Use Permit.
37.2.96.
Thoroughfare -
(Same as Street.)
37.2.97.
Two-Family Dwelling -
A building designed for occupancy
by two families living independently of each other within separate
units which have a common wall and are under one roof.
37.2.98.
Usable Open Space -
An open area which is designed
and intended to be used for outdoor living and/or recreation. An area
of common usable open space shall have a slope not exceeding ten percent
(10%), shall have no dimension of less than ten (10) feet, and may
include landscaping, walks, water features and decorative objects.
Usable open space shall not include rooftops, accessory buildings,
parking areas, driveways, turnaround areas, or right-of-way or easement
for streets or alleys.
37.2.99.
Variance -
An adjustment in the application of the
specific regulations of the Zoning Ordinance to a particular parcel
of property which, because of special conditions or circumstances
peculiar to the particular parcel, is necessary to prevent the property
from being deprived of rights and privileges enjoyed by other parcels
in the same vicinity and zoning district.
37.2.100.
Wholesale -
The sale of goods, merchandise, services
and/or commodities for resale by the purchaser and does not offer
retail sales to the general public.
37.2.101.
Yard -
An open space, other than a court, on the lot
in which a building is situated and which is not obstructed from a
point forty (40) inches above the general ground level of the graded
lot to the sky, except as provided for roof overhang and similar special
architectural features and plant material.
37.2.101a.
Yard, Front -
An open, unoccupied
space on a lot facing a street extending across the front of a lot
between the side lot lines and from the main building to the front
lot or street line with the minimum horizontal distance between the
street line and the main building line as specified for the district
in which it is located.
37.2.101b.
Yard, Rear -
An open, unoccupied space,
except for accessory buildings placed at least five (5) feet off the
property line, as herein permitted extending across the rear of a
lot from one (1) side lot line to the other side lot line.
37.2.101c.
Yard, Side -
An open, unoccupied space
or spaces on one (1) side or two (2) sides of a main building and
on the same lot with the building, situated between the building and
a side line of the lot and extending through from the front yard to
the rear yard. Any lot line not the rear line or front line shall
be deemed a side line.
37.2.102.
Zoning District Map -
The official certified map upon
which the boundaries of the various zoning districts are drawn.
37.2.103.
Zoning Ordinance -
This ordinance containing land use
regulations for the City of Gunter.
(Ordinance 2016-06-09-05 adopted 6/9/16; Ordinance
2022-01-20-01 adopted 1/11/2022)
38.1.
General
Requirements.
No permanent structure may be constructed,
altered or otherwise located within the city limits prior to issuance
of a Building Permit by the Building Inspector. No permanent structure
constructed or otherwise located within the city limits may be occupied
prior to issuance of a Certificate of Occupancy by the Building Inspector.
No change in the existing conforming use of a permanent structure,
or of land to a use of a different classification under this ordinance,
and no change in the legally conforming use of a permanent structure
or of land may take place prior to issuance of a Certificate of Occupancy
by the Building Inspector.
38.2.
Procedure
for New or Altered Buildings.
Plans for any permanent
structure to be constructed[,] altered or otherwise located within
the city limits must be approved by the Building Inspector who, upon
approval, shall issue a Building Permit. A complete application for
a Building Permit shall contain details of foundation and structure
sufficient to determine compliance with applicable provisions of the
Building Code. Upon submission of a complete application, the Building
Inspector shall issue a Building Permit. After issuance of a Building
Permit and prior to issuance of a Certificate of Occupancy, the Building
Inspector shall conduct a foundation, plumbing, electrical and framing
inspection. After such inspection, the Building Inspector shall issue
a Certificate of Occupancy if the plans and the results of the inspection
comply with the provisions of all applicable ordinances and regulations.
38.3.
Procedure
for Vacant Land or a Change in Use.
Written application
for a Certificate of Occupancy for the use of vacant land, or for
a change in the use of land or a building, or for a change in a nonconforming
use, as herein provided, shall be made to said Building Inspector.
If the proposed use is in conformity with the provisions of this ordinance,
and all adopted building codes, the Certificate of Occupancy therefor
shall be issued with ten (10) days after the application for same
has been made.
38.4.
Contents
of Certificate of Occupancy.
Every Certificate of Occupancy
shall state that the building or the proposed use of a building or
land complies with all provisions of the building and fire laws and
ordinances. A record of all Certificates of Occupancy shall be kept
on file in the Office of the Building Inspector or his agent and copies
shall be furnished on request to any person having proprietary or
tenancy interest in the building or land affected.
38.5.
Temporary
Certificate.
Pending the issuance of a regular certificate,
a temporary Certificate of Occupancy may be issued by the Building
Inspector for a period not exceeding six (6) months during the completion
of alterations or during partial occupancy of a building pending its
completion. Issuance of a temporary certificate shall not be construed
to alter the respective rights, duties, or obligations of the owner
or of the City relating to the use [or] occupancy of the premises
or any other matter covered by this ordinance.
38.6.
Certificates
for Nonconforming Uses.
A Certificate of Occupancy shall
be required for all lawful nonconforming uses of land or buildings
created by adoption of this ordinance. Application for such Certificate
of Occupancy for a nonconforming use shall be filed with the Building
Inspector by the owner or lessee of the building or land occupied
by such nonconforming use within one (1) year of the effective date
of this ordinance. It shall be the duty of the Building inspector
to issue a Certificate of Occupancy for a lawful nonconforming use,
but failure to apply for such Certificate of Occupancy for a nonconforming
use shall be evidence that said nonconforming use was either illegal
or did not lawfully exist at the effective date of this ordinance.
(Ordinance 2016-06-09-05 adopted 6/9/16)
39.1.
Declaration
of Policy.
The City declares the enactment of these regulations
governing the use and development of land, buildings, and structures
to be a measure necessary to the orderly development of the community.
Therefore, no change shall be made in these regulations or in the
boundaries of the zoning districts except:
39.2.
Authority
to Amend Ordinance.
The City Council may from time to
time, after public hearings required by law, amend, supplement, or
change the regulations herein provided or the classification or boundaries
of the zoning districts. Any amendment, supplement, or change to the
text of the Zoning Ordinance and/or the zoning map [or] any change
in the classification or boundaries of the zoning districts may be
ordered for consideration by the City Council, may be initiated by
the Planning and Zoning Commission, the City Council, or may be requested
by the owner of the affected real property or the authorized representative
of an owner of affected real property.
39.2.1.
Initiating
Zoning Changes.
The City Council may from time to time,
after receiving a final report thereon by the Planning and Zoning
Commission and after public hearings required by law, amend, supplement,
or change the regulations herein provided or the boundaries of the
zoning districts specified on the Zoning District Map. Any Ordinance
regulations or zoning district boundary amendment may be ordered for
consideration by the City Council, be initiated by the Planning and
Zoning Commission, or be requested by the owner of real property,
or the authorized representative of an owner of real property.
39.2.2.
Zoning
Change Applications.
Each application for zoning or for
an amendment or change to the existing provisions of this Zoning Ordinance
shall be made in writing, filed with the City Secretary, and shall
be accompanied by payment of the appropriate fees as established by
the City Council. The application shall also be accompanied by the
following information: plans, maps, exhibits, legal description of
property, information about proposed uses, and such other material
as deemed necessary by the City of Gunter.
39.3.
Public
Hearing and Notice
39.3.1.
Upon
filing of an application for an amendment to the zoning ordinance
and map, the Planning and Zoning Commission and City Council shall
hold a public hearing on said application. The City Council and Planning
and Zoning Commission can choose to conduct joint hearings when necessary.
39.3.2.
Written
notice of such hearings shall be sent to the owner of the property
or his agent and to all owners of real property lying within two hundred
(200) feet of the property on which the change in classification is
proposed, such notice, mailed first-class, return receipt requested,
to be given not less than ten (10) days before the date of such hearing,
to all owners who have rendered their said property for City taxes
as the ownership appears on the last approved City tax roll. Such
notice may be served by depositing the same properly addressed and
postage paid, in the City Post Office. Where property lying within
two hundred (200) feet of the property proposed to be changed is located
in territory which was annexed to the City after the final date for
making the renditions which are included on the last approved City
tax roll, notice to such owners shall be given by one publication
in the official newspaper at least fifteen (15) days before the time
of the hearing. Also, the City Secretary shall have the property,
lot or tract posted with a sign at least eighteen (18) by twenty-four
(24) inches in size which shall state "Zoning change Requested for
information call City Hall" and the telephone number shall be listed.
Failure of owners to receive notice of hearing shall in no way affect
the validity of the action taken.
39.4.
Action
of the Planning and Zoning Commission
39.4.1.
If,
at the conclusion of the hearing, the Planning and Zoning Commission
recommends amendment of this ordinance to the City Council, said recommendation
shall be by resolution of the Planning and Zoning Commission carried
by the affirmative votes of not less than a majority of its total
membership present and voting. A copy of any recommended amendment
shall be submitted to the City Council and shall be accompanied by
a report of findings, summary of hearing and any other pertinent data.
39.4.2.
The
Planning and Zoning Commission may recommend denial of an application
with or without prejudice against the applicant to refile the application.
If the Commission recommends denial of the application and fails to
clearly state the same is being denied with prejudice, then it shall
be deemed that said application is being recommended for denial without
prejudice against refiling. If it is later determined by the Commission
that there has been a sufficient change in circumstances regarding
the property or in the zoning application itself, it may waive the
waiting period and grant a new hearing. Newly annexed land which has
been given Agricultural zoning is exempt from the one (1) year waiting
period.
39.5.
Action
of the City Council
39.5.1.
If the Planning and Zoning Commission has recommended approval or denial of an application, the City Council shall set said application for public hearing and shall give notice of the time and place of the hearing by one (1) publication in the official newspaper at least fifteen (15) days prior to such hearing, and in addition shall send written notices to the owner of the property or his agent, and to all property owners of real property lying within two hundred (200) feet of the subject property pursuant to Section 39.3.2.
39.5.2.
If
the Planning and Zoning Commission has recommended to the City Council
that a proposed amendment be disapproved, the City Council may refuse
to adopt the amendment by a simple majority vote of the Councilmen
present and voting. However, in order to adopt the amendment which
has been recommended for disapproval by the Planning and Zoning Commission,
the amendment shall not become effective except by the favorable vote
of a simple majority of all members of the City Council of the City
of Gunter present and voting.
39.5.3.
When
the Planning and Zoning Commission has recommended to the City Council
that a proposed amendment be approved, the City Council may disapprove
the petition or application for amendment by a simple majority vote
of the City Councilmen present and voting. In the event of a tie vote
of the City Councilmen present and voting, the Mayor may cast the
deciding vote.
39.5.4.
In
the case of a protest against an amendment to the ordinance signed
by the owners of twenty percent (20%) or more either of the area of
the lots or land immediately adjoining the area included in the proposed
change and extending two hundred (200) feet from that area, such amendment
shall not become effective except by the favorable vote of a simple
majority of all members of the City Council of the City of Gunter.
39.5.5.
In
making its determination, the City Council shall consider the following
factors:
39.5.5.1.
Whether the uses permitted by the proposed change will be appropriate
in the immediate area concerned and their relationship to the general
area and the city as a whole.
39.5.5.2.
Whether the proposed change is in accord with any existing or proposed
plans for providing public schools, streets, water supply, sanitary
sewers and other utilities to the area and shall note the findings.
39.5.5.3.
The amount of vacant land currently classified for similar development
in the vicinity and elsewhere in the city, and any special circumstances
which may make a substantial part of such vacant land unsuitable for
development.
39.5.5.4.
The recent rate at which land is being developed in the same zoning
classification as the request, particularly in the vicinity of the
proposed changes.
39.5.5.5.
The manner in which other areas designated for similar development
will be, or are likely to be, affected if the proposed amendment is
approved, and whether such designation for other areas should also
be modified.
39.5.5.6.
Any other factors which will substantially affect the public health,
safety, morals or general welfare.
39.5.6.
In
considering a motion to deny a zoning application, or upon voting
to deny a zoning application, the City Council shall further consider
whether said application shall be denied with or without prejudice
against refiling. If the City Council shall deny the application and
fail to clearly state the same is being denied with prejudice, then
it shall be deemed that said application is being denied without prejudice
against refiling. If an application is denied with prejudice, no application
may be filed for all or part of the subject tract of land for a period
of one (1) year from the date of denial by the City Council. If it
is determined by the Planning and Zoning Commission that there has
been a sufficient change in circumstances regarding the property or
in the zoning application itself, it may waive the waiting period
and grant a new hearing. Newly annexed land which has been given Agricultural
zoning is exempt from the one (1) year waiting period.
39.6.
Effect
of Denial of Petition.
In case the application for an
amendment to the Zoning Ordinance is denied by the City Council, said
application shall not be eligible for reconsideration for one (1)
year subsequent to such denial. A new application affecting or including
all or part of the same property must be substantially different from
the application denied, in the opinion of the Planning and Zoning
Commission, to be eligible for consideration within one (1) year of
the denial of the original application.
In the event of a reapplication affecting the same land is for
a zone that will permit the same use of the property as that which
would have been permitted under the denied application, the same shall
not be considered to be substantially different from the application
denied.
39.7.
Final
Approval and Ordinance Adoption.
If the amending ordinance
is not approved within six (6) months from the time of its original
consideration, the zoning request, at the option of the City Council,
may be recalled for a new public hearing.
39.8.
Changes
in Zoning Regulations.
Amendments to the Zoning Ordinance
not involving a particular property but involving change in the zoning
regulations generally do not require notice to individual property
owners. In such cases, notice of the required public hearing shall
be given by publication in the official newspaper of the city, stating
the time and location of the public hearing, which time shall not
be earlier than fifteen (15) days from the date of such publication.
(Ordinance 2016-06-09-05 adopted 6/9/16)
The City Council shall establish a schedule of fees, charges,
and expenses, and a collection procedure for building permits, certificates
of zoning compliance, appeals, and other matters pertaining to this
ordinance. The schedule shall be posted in the office of the administration
official and may be altered or amended only by the City Council.
No permits, certificates, special exception, or variance shall
be issued unless and until such costs, charges, fees, or expenses
have been paid in full, nor shall any action [be] taken on proceedings
before the Board of Adjustment unless or until preliminary charges
and fees have been paid in full.
The exact charge for the following services will be established
by separate ordinance:
a.
For docketing
a zoning petition with the Planning and Zoning Commission of the City
of Gunter.
b.
For docketing
an application for relief with the Board of Adjustment of the City
of Gunter.
(Ordinance 2016-06-09-05 adopted 6/9/16)
41.1.
Civil
and Criminal Penalties.
City shall have the power to
administer and enforce the provisions of this Ordinance as may be
required by governing law. Any person violating any provision of this
Ordinance is subject to suit for injunctive relief as well as prosecution
for criminal violations. Any violation of this Ordinance is hereby
declared to be a nuisance.
41.2.
Criminal
Prosecution.
Any person violating any provision of this
Ordinance shall, upon conviction, be fined a sum not exceeding two
thousand dollars ($2,000.00). Each day that a provision of this Ordinance
is violated shall constitute a separate offense. An offense under
this Ordinance is a misdemeanor.
41.3.
Civil
Remedies.
Nothing in this Ordinance shall be construed
as a waiver of the City's right to bring a civil action to enforce
the provisions of this Ordinance and to seek remedies as allowed by
law, including, but not limited to the following:
41.3.1.
injunctive
relief to prevent specific conduct that violates the Ordinance or
to require specific conduct that is necessary for compliance with
the Ordinance; and
41.3.2.
a civil
penalty up to one thousand dollars ($1,000.00) a day when it is shown
that the defendant was actually notified of the provisions of the
Ordinance and after receiving notice committed acts in violation of
the Ordinance or failed to take action necessary for compliance with
the Ordinance; and [sic]
(Ordinance 2016-06-09-05 adopted 6/9/16)
If any section, paragraph, subdivision, clause, phrase or provision
of this ordinance shall be adjudged invalid or held unconstitutional,
the same shall be severed from and shall not affect the validity of
this ordinance as a whole or any part or provision thereof other than
the part so dedicated to be invalid or unconstitutional. To the extent
any provision of this ordinance conflicts with other ordinances of
the City of Gunter the terms of this ordinance shall control. This
Ordinance repeals and replaces Chapter 21 of the General Ordinances
of the City of Gunter.
(Ordinance 2016-06-09-05 adopted 6/9/16)
This ordinance shall be effective upon the posting and/or publication
of its caption as required by law and the City Secretary is hereby
directed to implement such posting and/or publication.
(Ordinance 2016-06-09-05 adopted 6/9/16)
