City of Schulenburg, TX Zoning Ordinance

Any children’s home, orphanage, institution, private home, residence or other place, whether public, parochial or private, operated for profit or not, which keeps, cares for, has custody of or is attended by four (4) or more children under sixteen (16) years of age, at any one time, who are not members of the immediate family or any natural person operating any such place, during any part or all of the twenty-four (24) hour day.

Drive-in eating establishment.

Any institution, home or other place, whether public, parochial or private, conducted for profit or not, which keeps, cares for, has custody of or is attended by any number of children, under sixteen (16) years of age, who are not members of the immediate family of any natural person operating such a place, who are mentally or physically handicapped, under medical or social supervision, and not within a hospital, twenty-four (24) hours a day.

Dormitory.

Any structure specifically designed to house student tenants associated with a university, college or school.

Any structure and premises specifically designed for the preparation and dispensing of food and meals for consumption either indoors or in a vehicle parked on the premises or taken away for consumption at other places.

Dwelling.

A “dwelling” is any building or portion thereof which is designed or used exclusively for residential purposes.

Exterior side yard.

A yard which faces and is parallel to a side street.

Family.

A “family” is any number of related persons or not more than four (4) unrelated persons living as a single housekeeping unit.

Floodplain.

Floodplain, intermediate.That land which lies within a stream channel or adjacent to a stream channel within which flooding frequently occurs, the elevation above sea level of which shall be as established by the city and made of record. It is land which is required to be kept open and non-urbanized in order to maintain upstream floodplain characteristics and insure continued adequate drainage of adjacent land.

Fraternity, sorority, or group student house.

Floodplain, standard.That land which includes the intermediate floodplain and that land which lies immediately outside of and adjacent to the intermediate floodplain in which flooding only occasionally occurs, the elevation above sea level of which shall be as established by the city and made of record.

A building occupied by and maintained exclusively for students affiliated with an academic or vocational institution.

Filling, retail service station.

An establishment where gasoline, oil and grease, or automobile accessories are sold, supplied or dispensed to the motor vehicle trade or where motor vehicles receive limited repair, are equipped for service, or where electric storage batteries are charged and cared for, or a place where any two (2) or more such activities are carried on or conducted as the principal use of the establishment.

Garage, commercial.

A “commercial garage” is any premises and structure used for housing more than five (5) motor vehicles or where any vehicles are repaired for operation or kept for remuneration, hire, or sale and where a retail service station may be maintained as a secondary use.

Homes association.

An incorporated, nonprofit organization operating under recorded land agreements through which each lot and/or home owner in a planned unit or other described land area is automatically a member, each lot is automatically subject to charge for a proportionate share of the expenses for the organization’s activities, such as maintaining a common property, and the charge, if unpaid, becomes a lien against the property.

Home occupations.

A “home occupation” is a commercial use customarily carried on in the home by members of the occupant family without structural alterations in the principal building or any of its rooms, without the installation of machinery or additional equipment other than that customary to normal household operations, without the employment of additional persons, and which does not cause the generation of other than normal noise, pedestrian and vehicular traffic.

Hospital, sanitarium, nursing or convalescent homes.

A building or portion thereof, used or designed for the housing or treatment of the sick, aged, mentally ill, injured, convalescent or infirm persons; provided that this definition shall not include rooms in any residential dwelling, hotel, [or] apartment hotel not ordinarily intended to be occupied by said persons.

Hotel.

A building used or intended to be used as living quarters for transient guests, but not excluding permanent guests, and may include a cafe, drugstore, clothes pressing shop, barbershop or other service facilities for the guests for compensation.

Kindergarten.

Any school, private or parochial, operated for profit or not, attended by four (4) or more children at any one time during part of a twenty-four-hour day, which provides a program of instruction for children below the first grade level in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.

Lot.

As used herein, a “lot” is the physical and undivided tract or parcel of land as shown on a duly recorded plat.

Motel.

A building or group of two (2) or more detached, semi-detached or attached buildings containing guest rooms or apartments with automobile storage space provided in connection therewith, which building or group is designed, intended or used primarily for the accommodation of automobile travelers; including groups designated as auto cabins, motor courts, motels and similar designations.

Multiple building complex.

More than one (1) principal building on a building plot.

Pasturage.

Land used primarily for the grazing of animal stock.

Permitted use.

A use specifically allowed in one (1) or more of the various districts without the necessity of obtaining a use permit.

Personal service shop.

An establishment for the purpose of supplying limited personal services such as, but not limited to, barber, shoe, boot, or “beauty” shops.

Planned unit.

A land area which has individual building sites and common property such as a park, and is designed to be capable of satisfactory use and operation as a separate entity without necessarily having the participation of other building sites or other common property. The ownership of the common property may be either public or private.

Planned unit development.

A single planned unit as initially designed; or such as a unit as expanded by annexation of additional land area; or a group of contiguous planned units, as separate entities or merged into a single consolidated entity.

Plot plan.

A plan showing the use of the land, to include locations of buildings, drives, sidewalks, parking areas, drainage facilities and other structures to be constructed.

Prohibited alternative housing.

Structures or facilities constructed for a purpose not originally intended for a residential purpose and repurposed for residential use. Such structures may include but are not limited to boilers, silos, tanks, storage buildings, PODs, converted boats, converted buses or other converted transportation vehicles or aircraft. The term also includes structures or facilities such as tents, cardboard housing, bubble housing, eco housing and any structure or facility that does not or cannot meet city building code requirements or the terms and conditions of this ordinance.

Retail food store.

A retail establishment selling meats, fruits, vegetables, bakery products, dairy products, light hardware and other similar items which are purchased for use and/or consumption off the premises (may be a drive-in or supermarket type).

Rooming house.

A group of rooms provided for compensation either in a converted single-family home or in a structure specifically designed for such purpose. No cooking facilities are provided in individual living units.

Rooming and boarding house.

Where both rooms and meals are provided for compensation for more than four (4) persons.

Setback line.

A line which marks the setback distance from the property line, and establishes the minimum required front, side or rear yard space of a building plot.

Shopping center.

A composite arrangement of shops and stores which provides a variety of goods and services to the general public, when developed as an integral unit.

Storage garage.

A “storage garage” is any premises and structure used exclusively for the storage of more than five (5) automobiles.

Structure.

Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

Structure, principal.

The principal structure which fulfills the purpose for which the building plot is intended.

Townhouse or rowhouse.

One (1) of a group of no less than three (3) nor more than twelve (12) attached dwelling units, each dwelling unit located on a separate lot. No single group shall exceed two hundred forty (240) feet in length.

Variety store.

A retail commercial establishment which supplies a variety of household goods, toys, limited light hardware items, candy, some clothing and other general merchandise.

Variance.

A legal modification of the district provisions such as yard, lot width and yard depth, signs, setback and off-street parking and loading regulations granted due to the peculiar conditions existing within a single piece of property.

Yard.

See section 6.7.

Definitions not expressly prescribed herein are to be construed in accordance with customary usage in municipal planning and engineering practices.

(Ordinance adopted 6/15/73; Ordinance adopted 6/20/95; Ordinance 05152023 adopted 5/15/2023)

§ 2 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES.

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

2.1

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

2.2

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

2.3

Boundaries indicated as approximately following city limits shall be construed as following such city limits.

2.4

Boundaries indicated as following railroad lines shall be construed to be midway between the rails of the main line.

2.5

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.

2.6

Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 5 above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

2.7

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections 1 through 5 above, the board of adjustment shall interpret the district boundaries.

(Ordinance adopted 6/15/73)

§ 3 APPLICATION OF DISTRICT REGULATIONS.

3.1

Uniformity.

The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

3.2

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.

3.3

No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building or use for the purpose of complying with this ordinance, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building or use. (See section 6 also.)

3.4

Newly annexed territory.

3.5

Any territory hereafter annexed to the City of Schulenburg shall be classified as District A-O unless the city council, at its option, decides to zone the property in the annexation ordinance. The newly annexed territory shall remain so identified until such a zoning change request is issued to the zoning commission. Upon the issuance of the zoning change request, the planning and zoning commission shall follow stated procedures and hold its public hearings and make its recommendation to the city council of the City of Schulenburg.

3.6

No person shall erect, excavate, construct or proceed or continue with the erection or construction of any building or structure or add to, enlarge, move, improve, alter, repair, convert, or demolish any building or structure or cause the same to be done in any area of the city or in any newly annexed territory to the city without first applying for and obtaining a building permit therefor from the building official as may be required in applicable city ordinances.

(Ordinance adopted 6/15/73; Ordinance adopted 10/18/89, sec. 1)

§ 4 NONCONFORMING USES.

4.1

Except as hereinafter specified, any use, building or structure existing at the time of enactment of this ordinance may be continued, even though such use, building or structure may not conform with the provisions of this ordinance for the district in which it is located; provided, however, that this section shall not apply to any use, building or structure established in violation of any zoning ordinance previously in effect in the City of Schulenburg.

4.2

Conditional uses.

Any use existing on the effective date of this ordinance which is listed as a conditional use shall be and shall remain a nonconforming use until a conditional use permit is obtained as provided in this ordinance. (See section 10.)

4.3

Alteration of nonconforming uses.

No existing building or premises devoted to a use that is not permitted by this ordinance in the district in which such building or premises is located shall be enlarged, extended, reconstructed, substituted, or structurally altered, except when required to do so by law or order, unless the use thereof is changed to a use that is permitted in the district in which such building or premises is located, and except as follows:

4.4

When authorized by the board of adjustment in accordance with the provisions of section 11, the substitution for a nonconforming use of another nonconforming use, or an extension of a nonconforming use, may be made;

4.5

Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use;

4.6

When authorized by the board of adjustment in accordance with the provisions of section 11 enlargement or completion of a building devoted to a nonconforming use may be made upon the lot occupied by such building, where such extension is necessary and incidental to the existing use of such building and does not exceed twenty-five (25) percent of the original area of nonconformity.

4.7

When authorized by the board of adjustment in accordance with the provisions of section 11 a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the date on which such use of said building became nonconforming, if no structural alterations, except those required by law, are made therein.

4.8

Cessation of use of a building or land.

For the purpose of the succeeding subsections, a use shall be deemed to have ceased when it has been discontinued for twelve (12) months whether with the intent to abandon said use or not.

4.9

No building or structure which was originally designed for a nonconforming use shall again be put to a nonconforming use, where such use has ceased for twelve (12) months or more.

4.10

No building or structure which was not originally designed for a nonconforming use shall again be put to a nonconforming use where such use has ceased for twelve (12) months or more.

4.11

The use of land (without buildings) which does not conform to the provisions of this ordinance shall be discontinued within one (1) year from the enactment of this ordinance. The nonconforming use of land which became nonconforming by reason of subsequent amendments to this ordinance shall be discontinued within one (1) year from the date of such amendment.

4.12

Construction approved prior to enactment date of ordinance.

Nothing herein shall be construed to require any change in the overall plans, construction, or designated use of any development, structure, or part thereof, where official approval and required building permits were granted before the enactment of this ordinance.

4.13

Unsafe buildings, repair of.

Nothing in this ordinance shall be construed to prohibit the strengthening or repair of any part of any building or structure declared unsafe by the building official.

4.14

Damage or destruction.

Any nonconforming structure which is damaged more than sixty (60) percent of its appraised value for tax purposes, exclusive of its foundations, by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, shall not be restored or reconstructed and used as it was before such happening. If such structure is damaged less than sixty (60) percent of its then appraised value for tax purposes, it may be restored, reconstructed, or used as before, provided that such restoration or reconstruction is completed within twelve (12) months of the damaging event.

(Ordinance adopted 6/15/73)

§ 5 SCHEDULE OF DISTRICT REGULATIONS.

5.1

District A-O: Agricultural-Open.

5.2

Purpose.

This district includes lands within the corporate limits of the city which are not subdivided and are relatively undeveloped. It may also include those areas mentioned in section 3, subsection 3.4 above. This district is designed to promote order-timely [sic], economical growth and to recognize current conditions. It is a reserved area in which the future growth of the city can occur.

5.3

Permitted uses.

Single-family dwellings.

Barn, stable for keeping private animal stock.

Country club (publicly or privately owned).

Crop production. Farm.

Truck garden (including greenhouse for commercial purposes).

Golf course.

Home occupations.

Pasturage.

Poultry production (noncommercial).

Riding academy (private).

5.4

Conditional uses permitted.

Refer to section 6.15.

5.5

Area requirements.

Refer to Table A at the end of this section.

5.6

Parking requirements.

Refer to section 7.

5.7

Sign regulations.

Refer to section 8.

5.8

District R-1: Single-Family Residential.

5.8.1

Purpose.

This district includes lands which are subdivided into tracts for residential purposes. The district is designed to protect these areas from the undesirable encroachment of nonresidential uses, dense residential development and other similar uses not compatible with the character of one-family detached home type land use, and provided with necessary services and facilities.

5.9

Permitted uses.

Single-family dwellings.

Home occupations.

5.10

Conditional uses permitted.

Refer to section 6.15.

5.11

Area requirements.

Refer to Table A at the end of this section.

5.12

Parking requirements.

Refer to section 7.

5.13

Sign regulation.

Refer to section 8.

5.14

District R-1: Two-Family Residential.

5.15

Purpose.

This district contains land which has been subdivided for single-family residential purposes and associated uses as well as larger parcels of property which lend themselves to two-family duplex dwellings. This district is at moderate density. It may be utilized as a transitional zone between low density and other residential uses and for large parcels of land.

5.16

Permitted uses.

Duplex-dwelling units.

Single-family dwellings.

Home occupations.

5.17

Conditional uses permitted.

Refer to section 5.19.

5.18

Area requirements.

Refer to Table A at the end of this section.

5.19

Parking requirements.

Refer to section 7.

5.20

Sign regulations.

Refer to section 8.

5.21

District R-3: Multiple-Family Residential.

5.22

This district contains land used for a variety of housing types, primarily multiple-family dwellings. This district is designed to provide the widest range of housing types as well as highest density in the community.

5.23

Permitted uses.

Single-family dwellings, built under the zoning restrictions of District R-1.

Duplex-dwelling units, built under the zoning restrictions of District R-2.

Apartment buildings.

Townhouse dwelling units, built under the zoning restrictions of District R-4.

Convalescent homes.

Dormitories.

Home occupations.

Parking lots for operating vehicles.

Rooming houses.

Rooming and boarding houses.

Boarding houses.

Fraternity or Sorority houses.

5.24

Conditional uses permitted.

Refer to section 6.15.

5.25

Area requirements.

Refer to Table A at the end of this section.

5.26

Parking requirements.

Refer to section 7.

5.27

Sign regulations.

Refer to section 8.

5.28

District R-4: Townhouse, Rowhouse Residential.

5.29

Purpose.

This district contains land which is to be used for a unique type of dwelling, which is designed for individual ownership or ownership in group for rental purposes.

5.30

Permitted uses.

Single-family dwellings, built under the zoning restrictions of District R-1.

Duplex-dwelling units, built under the zoning restrictions of District R-2.

Townhouses or rowhouses and parking lots.

Home occupations.

5.31

Conditional uses permitted.

Refer to section 6.15.

5.32

Area requirements.

Refer to Table A at the end of this section.

5.33

Parking requirements.

Refer to section 7.

5.34

Sign regulations.

Refer to section 8.

5.34.1

District MR-1: Manufactured Home Residential.

5.34.1.1

Purpose.

This district shall contain land used for manufactured homes which shall be single-family residential and will contain manufactured homes which are not located in mobile home parks.

5.34.1.2

District boundaries.

The City of Schulenburg manufactured home district referred to in section 5.34.1 shall be within the boundaries as set out herein:

BEGINNING at a point on the South city limit line along the West side of Highway 77 and North to August Street;

THENCE along the West side of Lyons Avenue to Kallus Street;

THENCE West on Kallus Street to Upton Avenue;

THENCE North on Upton Avenue to the alley between South Street and Black Street;

THENCE West along the alley to Hillje Avenue;

THENCE South on Hillje Avenue to Kallus Street;

THENCE West on Kallus Street to James Avenue;

THENCE North on James Avenue to Baumgarten Street;

THENCE West on Baumgarten Street to Williams Avenue;

THENCE North on Williams Avenue to Babylon Lane;

THENCE West on Babylon Lane to the West city limit line;

THENCE South along the West city limit line to a point where the West city limit line turns East;

THENCE along the South city limit line to the point of beginning.

5.34.1.3

Permitted uses.

Single-family dwellings, built under the zoning restrictions of District R-1.

Duplex-dwelling units, built under the zoning restrictions of District R-2.

Apartment buildings.

Townhouse dwelling units, built under the zoning restrictions of District R-4.

Convalescent homes.

Dormitories.

Home occupations.

Parking lots for operating vehicles.

Rooming houses.

Rooming and boarding houses.

Boarding houses.

Fraternity or sorority houses.

Manufactured homes used as single-family dwellings.

5.34.1.4

Conditional uses permitted.

Refer to section 6.15.

5.34.1.5

Area requirements.

Min. lot area - Gross: 6,000 square feet.

Min. lot area/D.U.: 6,000 square feet.

Min. lot width: 60 feet.

Min. lot depth: 100 feet.

Min. front setback: 25 feet.

Min. side setback: 6 feet.

Min. ex. setback: 15 feet.

Min. rear setback: 25 feet.

Maximum height: 35 feet.

Maximum D.U./acre: 6.0.

5.34.1.6

Parking requirements.

Refer to Section 7.

5.34.1.7

Sign regulations.

Refer to Section 8.

5.35

District R- 5: Manufactured Home and Alternative Housing.

5.36

Purpose. This district contains land which is located, designed, and is to be operated as a site for single-family residences consisting of Manufactured Homes and Alternative Housing.

5.37

Permitted uses. Residential single-family occupancy of Manufactured Homes, Manufactured Home Parks, Single-Family residential according to the R-1 District requirements, single-family Modular Homes, single-family residential occupancy of Alternative Housing and Alternative Housing Parks or Communities.

5.38

Boundaries. The boundaries of District R-5 shall be depicted on the official zoning map of the City of Schulenburg, as amended from time-to-time.

5.39

Minimum Design Standards. Refer to "Section 5-36.7" [sic] and "Section 5-41.1 through Section 5-41.9."

5.40

Parking. For each Manufactured Home there shall be two (2) off-street parking spaces provided. For Alternative Housing there shall be one (1) off-street parking space for every 600 square feet, or portion thereof above 600 square feet of living space, not to exceed a total of two (2) off-street parking spaces.

5.41

Sign regulations. Refer to Section 8.

5.41.1

Alternative Housing.

Applicability. The regulations in this section apply to single-family Alternative Housing.

Prohibition. Except as provided in subsection (f), no Alternative Housing shall be permitted in any zoning district of the City, except for the R-5 zoning district.

Permitted Locations. Alternative Housing may be located on a designated lot or space in the R-5 District or within an Alternate Housing Park located in the R-5 District.

Nonconforming Alternative Housing. Any Alternative Housing lying within the city limits and which was legally placed within such location prior to the adoption date of this Ordinance, but outside of the R-5 District, is considered to be a nonconforming structure and use.

One Residence. No more than one Alternative Housing Unit may be installed on any parcel, lot or Alternative Housing Park space unless within an Alternative Housing Community. No Alternative Housing Unit or structure may be installed on a lot or space with an existing residential structure. Alternative Housing shall not be used as an Accessory building or an Accessory Residential Unit.

(f)

Alternative Housing located on trailers, platforms and/or affixed with wheels. Alternative Housing that is mobile and/or located on wheels, whether anchored to the ground or not, shall be considered a Recreational Vehicle and may not be used as a single-family residence and may not be connected to city utilities. Such Recreational vehicle types on a residential lot shall be regulated as other RVs and may be located only within RV Parks.

(g)

Permits required. No Alternative Housing may be transported to, placed or installed on any lot or space in the City of Schulenburg unless a building permit has been issued. A building permit may not be issued unless and until any required license or conditional use permit for the location has been applied for and granted as provided in this Code.

5.41.2

Building Permits: Alternative Housing.

Applicability. This Section applies to the placement, installation or location of any Alternative Housing intended for use as a residence whether such structure is located on a city lot or in a Alternative Housing Park or Community.

Responsibility. Permits required in this section shall be obtained by the owner of the real property upon which the Alternative Housing unit is to be placed whether such unit is a rental property or is to be occupied by the owner. Unless the Alternative Housing unit is being placed in an Alternative Housing Park or Community approved by the City according to a condo-regime, the Alternative Housing unit may only be placed on a legally platted lot.

Authority and Limitations. The City has adopted building codes and regulations providing for review and inspections of newly built, installed, remodeled or repaired structures pertinent to the location of lots, the suitability of lots for the intended purpose, setbacks, habitability, and utility connections and service requirements. A building permit under this section is not intended to replace or supersede the regulatory requirements associated with the platting or subdivision of land as set out elsewhere in the City Code of Ordinances. No Alternative Housing shall be eligible for a building permit unless and until all subdivision and associated development regulations have been approved by the City.

Purpose. Because of the nature of the use and its possible adverse impact on neighboring properties, review, evaluation and exercise of planning judgment relative to the location and site plan of the proposed use are required.

Building Permit Procedures.

The City Administrator or designee may grant, deny, or conditionally approve building permits for installation of Alternative Housing.

Application. Proving that subdivision or associated development regulations have been met, any person proposing to apply for a building permit under this Section shall file an application accompanied by a site plan. The site plan may be a sketch or drawing on one or more pages, generally to scale, with distances marked, and is not required to be prepared by an engineer. The site plan, along with the application, will become a part of the building permit, if approved. The site plan shall contain the following information:

The proposed use, size, and characteristics of the Alternative Housing.

Boundaries of the lot, the proposed location within the property, and the names of public streets abutting the property;

The proposed location of the structure or improvement for which a permit is required and any existing buildings or improvements on the lot, including required setbacks and clearances. Structures or buildings on adjacent lots or spaces if they are within ten (10) feet of the property line;

The location of easements or drainageways on the property;

The location of existing or proposed fences.

A copy of the approved subdivision or development plat and showing the lot upon which the Alternative Housing will be placed, or if within an Alternative Housing Park or Community, the location, lot, or space within the Park or Community upon which the Alternative Housing Unit will be placed.

Permit Fee. The application shall be accompanied by fees as set out in the City's schedule of fees of the City of Schulenburg.

Issuance of Permit. The City Administrator or designee shall authorize a building permit for an Alternative Housing Unit after the receipt of a completed application and the required fee, provided that all applicable City regulations have been met which includes drawing submittals such as floor plan, mechanical, electrical and plumbing diagrams. A building permit to install an Alternative Housing unit for use as a dwelling shall be issued within forty-five (45) days, unless the City Administrator or designee denies the application and states the reason for the denial in writing no later than the 45th day after the application is received by the City, or notifies the applicant that additional time is needed due to unique factors associated with the application, identifies such factors, and informs the applicant of the steps necessary to resolve the same.

Certificate of Occupancy ("CO"). Occupancy of the Alternative Housing shall be prohibited until such time that the City issues a Certificate of Occupancy for the Alternative Housing Unit in accordance with the requirements set out elsewhere in the Code of Ordinances.

Posting and Inspections. The Building Permit shall be posted on the site for the duration of the project and the owner shall arrange for all required City inspections prior to hookup or activation of any utility services. The owner must still apply for all utility services in accordance with other City ordinances.

Appeal. Any person whose building permit application is denied by the City Administrator may, not later than thirty days after written denial is received by the applicant, appeal the City Administrator's decision to the Planning and Zoning Commission. Such appeal must be in writing.

5.41.3

Design Standards for Alternative Housing Units.

Alternative Housing Units shall meet the following requirements:

Comply with the minimum standards for fitness for human habitation and in particular include a kitchen sink, bathroom, adequate supply of both hot and cold water, the capability of heating and cooling the unit, and ventilation;

A minimum of 300 square feet of indoor living space and a maximum of 1,200 square feet including any outdoor or screened porches;

The floor area of all rooms aside from the kitchen and bathroom must be 70 square feet or more;

The living area's floor area must be a minimum of 120 square feet;

Bathrooms, habitable rooms, hallways, and corridor ceilings must be 7 feet high and above;

Must have a toilet, water closet, tub or shower and all water shall be supplied through an approved pipe distribution system connected to an approved water supply;

Be located and affixed to a permanent foundation and meet city building code requirements;

Have at least one window or skylight in each habitable room that can be easily opened and which meets or exceeds the building code requirement for egress standards;

The Alternative Housing Unit, including any additional impervious cover may not occupy more than 50% of the lot or space proposed for the placement of the Alternative Housing Unit;

(10)

Alternative Housing Units shall require Building Permits and inspections for compliance with these regulations and the City's adopted codes.

Minimum lot sizes and setbacks shall meet the following:

Lot sizes shall have a minimum of 1,400 square feet and a width of a least forty (40) feet; and

Minimum front yard setback of twenty (20) feet, side yard setback of at least ten (10) feet on each sides (fifteen feet (15) feet if a side yard is adjacent to a street), and a rear yard setback of ten (10) feet.

Amendments, changes or expansions of an Alternative Housing Park or Community shall be processed with the City in the same manner as the original approval of same and it shall be unlawful to expand or alter the Park or Community without an amendment to the Concept Plan approved in advance by the City.

5.41.4

Alternative Housing Parks and Communities.

An Alternative Housing Park or Community must meet or exceed the requirements for Alternative Housing Units set out above, the standards set out herein, and is considered for approval pursuant a conditional use permit according to the requirements and procedures set out elsewhere in this Ordinance. A conditional use permit is required before the property being developed is eligible for subdivision or condo regime approval and before any Alternative Housing Units are located on the property.

Maximum Area of Development. The maximum area for an Alternative Housing Park or Community development is twenty (20) acres and the minimum area of development is five (5) acres and shall be developed in accordance with the following:

Concept Plan. An Alternative Housing Park or Community shall be planned cohesively through a Concept Plan that depicts the apportionments of lots/units (depending on whether it's a Park or Community), vehicle circulation, common amenities, open space, and supporting facilities. The Concept Plan will be submitted for approval in conjunction with the submission of a Conditional Use permit application.

Conformance. Lots in the Alternative Housing development can be individually owned or rented (Park) and managed by a Property Owner Association or be composed of a single lot or tract created in a condominium form for ownership of individual Alternative Housing Units, or be composed of a single lot or tract and set up for rental of Alternative Housing Units (Community) through a Management Company or Operator licensed by the City. Irrespective of ownership, the development of each Park or Community shall comply with the specifications set out herein, and all other zoning, subdivision, building codes and other development-related regulations which apply to all new development or redevelopment. Amendments or expansions of a Park or Community shall require an amendment to the Concept Plan and the Conditional Use Permit which shall be applied for, processed and considered for approval in the same manner as was the original application for the Conditional Use Permit.

Management and Maintenance of Alternative Housing Parks and Communities. Alternative Housing Parks and Communities shall include community service buildings that provide direct servicing of its operation, management and maintenance to provide for the needs of the Park or Community. These facilities may include sanitary facilities, storage buildings, or management offices. Such community facilities and service buildings shall be represented on the Concept Plan.

Common Area Amenities. Common area amenities for the benefit and enjoyment of the residents shall be required in a Park or Community of Alternative Housing Units based on the number of individual Alternative Housing Units allotted per the Concept Plan. The location and type of amenity shall be shown on the Concept Plan. The type and number of amenities required are established in the Table below.

Number of Units	Common Area Amenities Quantity*
0 — 12	1
13 — 35	2
36 — 50	3
51 — 75	4
76 — 200	5
201 or more	6

*	Types of Amenities

After School Care

Club House

Community Garden

Private fitness Center min 200 feet

Playground and Commercial grade Equipment

Fenced swimming pool/or unfenced splash pad

Sport court 2000 square feet min

Fenced Dog Park

Off-street walking path or trail

Direct access to a City Park

Landscaped Sitting Area min 200 square feet

Picnic area with min 2 grills and 2 picnic tables

Laundry

Utilities. All Alternative Housing Units shall be served with potable water, sanitary sewer, and electrical power, which shall be designed and installed in accordance with the City Code of Ordinances for extension and connection of utilities.

Solid Waste Disposal. The Alternative Housing Park or Community shall provide for the collection and disposal of solid waste in the form of either individual or centralized solid waste collection. Solid waste disposal shall conform to the requirements established by the City.

Minimum Lot Sizes and Setbacks (Park). The minimum lots sizes for a Park shall be those lots sizes and set backs set out in Section 5-41.3(b).

Minimum spacing (Community). Community developments of Alternative Housing shall provide a minimum of fourteen hundred (1,400) square feet of space per Alternative Housing Unit with a maximum of 15 units per acre. No unit shall be closer than twenty (20) feet from another Alternative Housing Unit including awnings, porches, decks, steps, A/C facilities or other extensions.

5.41.5

Operator's license for Community Alternative Housing.

It shall be unlawful for any person to operate or maintain an Alternative Housing Community within the city limits of Schulenburg unless such person has a valid operator's license issued by the City of Schulenburg. Operators' licenses shall be issued to an owner/operator, or to a manager for an owner.

Application for an operator's license shall be made to the building official after all development permits and all building permits and certificates of occupancy have been issued.

All Operator's Licenses expire on December 31st of each year. An application for renewal of license shall be submitted to the building official with a fee in the amount specified in the City's fee schedule on or before December 1 of each year. Such application shall show any changes to the information submitted in the original application or previous renewal. Failure to apply to renew an operator's license by January 15th shall result in the doubling of the fee for renewal. Failure to renew the operator license by February 1 shall result in a hearing being set to consider whether to suspend the operation of the Alternative Residential Housing Community.

Initial Application. Application for an Operator's license shall be submitted in writing on forms provided by the city and shall include:

Name, address, and phone number of Applicant.

Name, address, and phone number of owner, if different.

Name, address, and phone number of the park manager if different than the owner.

Copy of valid certificates of occupancy if applicable.

Address and legal description of park site.

A copy of the approved Concept Plan.

Transfer of license. Any owner/operator who sells, transfers, gives away or otherwise relinquishes control of an Alternative Housing Community shall notify the building official, in writing, and such notice shall be accompanied by an amended application for operator's permit. There shall be no fee for such transfer provided that the application is received within 30 days of transfer of control. If a manager employed by the owner is replaced and no other change occurs, the building official shall be notified of such change in writing signed by the owner and the new manager.

5.41.6

Responsibilities of Community Owner, Operator, or Park POA.

The Community owner/operator or Park POA or their agents, as applicable, shall operate the Park or Community in compliance with this Chapter and all other applicable ordinances and shall provide adequate supervision to maintain the Park or Community and the facilities and equipment, common space and amenities in good repair and in a clean and sanitary condition.

The licensee, POA, or their agent shall notify all Park or Community occupants of all applicable provisions of this Chapter and inform them of their duties and responsibilities under this Chapter, especially the requirement for obtaining a permit from the City prior to the placement of any Alternative Housing Unit within the Park or Community as applicable.

The licensee, POA, or their agent shall maintain a register of Park/Community occupancy which shall contain the names and addresses of park or community residents, location of each Alternative Housing Unit within the Park/Community by space or lot number, date of arrival, and, when applicable, the date of departure with a forwarding address, as applicable.

5.41.7

Replacement of Alternative Housing within Community or Park.

Replacement of an Alternative Housing Unit in a Park or Community may only be allowed if the replacement Alternative Housing Unit receives a building permit and a Certificate of Occupancy as was required for the original Alternative Housing Unit.

An Alternative Housing Unit destroyed by fire or other natural disaster shall obtain a building permit and Certificate of Occupancy from the City in the same manner as the Alternative Housing Unit that was destroyed, but no permit fees from the City shall be required.

5.41.8

Inspections.

The City Administrator or designee is authorized and directed to make such inspections as are necessary to enforce the provisions of this chapter.

The City Administrator or designee shall have the power to enter at reasonable times upon any private or public property to inspect and investigate conditions relating to this chapter.

The City Administrator or designee may, in the performance of his/her inspection duties, review the register of the residents of the Alternative Housing Community or Park.

The owner, operator or POA, as applicable, shall allow access to the Park or Community by the City Administrator or designee at all reasonable times to carry out required duties, as applicable.

5.41.9

Abandonment of Alternative Housing Unit, Park or Community.

Notice. Prior to the abandonment of an Alternative Housing Unit, Park or Community, proper notice must be given to the City Administrator or designee to facilitate the proper removal of utility connections.

Abandoned utility connections. All abandoned utility connections shall be secured in a manner which will protect the City's utility system and the public health, safety, and welfare. The owner or occupant of the Alternative Housing Unit, Park or Community, as applicable or the owner, operator or POA of same shall have the secured, abandoned utility connections inspected by the City. Refund of municipal utility deposits shall be contingent upon passing such inspection, subject to any other City ordinances affecting refund of utility deposits. All costs for securing abandoned utility connections shall be paid by the owner of the Alternative Housing Unit, the POA, or the owner or licensee of the Community as applicable.

5.42

District C-1: Neighborhood Business.

5.43

Purpose.

This district contains land which may be appropriately used to provide, in residential neighborhoods, restricted convenience goods and personal service business. The area of this type of zone is restricted to not more than five (5) acres with no loud noises and no garish display.

5.44

Permitted uses.

Special restriction: All business or display to be within a completely enclosed building, except for parking and loading areas.

Alcoholic beverage sales, restricted to off-premises consumption.

Antique shop.

Apartments, built under the restrictions of District R-3.

Art studio or gallery.

Business, music, dance, or commercial schools.

Book and stationery stores.

Cafe, restaurant, or cafeteria.

Cleaner (automated or pickup station).

Clinic.

Clothing store, retail.

Drugstore.

Dwelling unit, as part of business building, for operator.

Electric appliance shop and repair.

Financial institutions.

Frozen food lockers (no slaughtering or stripping).

Florist shop, retail.

Offices, professional or service.

Pet shop.

Photographer’s studio.

Public parking lot for operating vehicles.

Radio, television or electronics sales and service.

Retail food store.

Shoe sales and repair.

Tailor and dressmaking shop.

Variety store.

Other personal service shops.

5.45

Conditional uses permitted.

Refer to section 6.15.

5.46

Area requirements.

Refer to Table A at the end of this section.

5.47

Parking requirements.

Refer to section 7.

5.48

Sign regulations.

Refer to section 8.

5.49

District C-2: General Commercial.

5.50

Purpose.

This district is designed to provide a location for general commercial, retail uses which serve the entire community and its visitors.

5.51

Permitted uses.

All in C-1, plus the following:

Apartment dwelling units, built under restrictions of District R-3.

Alcoholic beverage sales, retail and wholesale.

Apartment hotel.

Arena-coliseum.

Automobile sales and rental.

Automobile repair shop.

Bank.

Bookstore, retail and wholesale.

Bowling alley.

Carwash.

Cleaner, dry and pressing plant, laundry and/or linen supply.

Cold storage plant.

Commercial amusements.

Domestic household equipment rental, storage.

Dormitories.

Drive-in sales.

Drive-in eating establishment.

Filling station, retail.

Furniture, appliance store, sales, service.

Garage, commercial.

Hardware store.

Hospital, sanitarium, nursing home or convalescent home.

Hotel.

Marine and fishing equipment sales.

Mobile home sales, storage.

Motel.

Nursery plant sales.

Parking building or lot, commercial, for operating vehicles.

Printing and reproduction.

Private lodges, fraternal.

Radio or TV stations or studios (no towers).

Retail sales and services.

Shopping center.

Storage garage.

Theaters and motion picture houses.

Tire shop, no vulcanizing or retreading.

Trailer and/or accessory equipment sales, rental or storage.

Warehouses.

Other uses will be considered by the commission.

5.52

Conditional uses permitted.

Refer to section 6.15.

5.53

Area requirements.

Refer to Table A at the end of this section.

5.54

Parking requirements.

Refer to section 7.

5.55

Sign regulations.

Refer to section 8.

5.56

District M-1: Light Industrial.

5.57

Purpose.

This district is designed to provide locations for outlets offering goods and services to a limited segment of the general public. The uses included primarily serve other commercial and industrial enterprises.

5.58

Permitted uses.

All in C-1 and C-2 excluding all residential uses, plus the following:

Alcoholic beverage sales, wholesale.

Automotive and trailer repair.

Boarding kennels (public).

Carting, crating, express storage.

Farm implement sales (new or used), storage, repair.

Garden (including greenhouse), for commercial purposes.

General merchandise warehouse.

Hardware (industrial sales).

Monument sales.

Machine shop.

Sheetmetal fabrication shop.

Sign shop (painting, manufacturing).

Trailer and/or accessory equipment sales, rental, storage.

Welding shop.

Wholesales and service.

Other uses will be considered by the commission.

5.59

Conditional uses permitted.

Refer to section 6.15.

5.60

Area requirements.

Refer to Table A at the end of this section.

5.61

Parking requirements.

Refer to section 7.

5.62

Sign regulations.

Refer to section 8.

5.63

District M-2: Planned Industrial.

5.63.1

Purpose.

This district contains land designed to attract high performance industries, with properly proportioned and landscaped open space, controlled design of plant exteriors and screening of loading and storage facilities, with a minimum of fifteen (15) percent of the area landscaped. Paved sidewalks, driveways and parking areas are required.

5.64

Permitted uses.

Research and development.

Laboratories.

Instrument and component manufacturing.

Apparel manufacturing.

Rubber and plastics product manufacturing.

Transportation component manufacturing.

Printing and allied products.

Electrical machine manufacturing.

Electric and electronic assembly.

Fabricated metal products manufacturing.

Office equipment and supplies manufacturing.

Offices.

Warehousing.

Other uses will be considered by the commission.

5.65

Conditional uses permitted.

Refer to section 6.15.

5.66

Area requirements.

Refer to Table A at the end of this section.

5.67

Parking requirements.

Refer to section 7.

5.68

Sign regulations.

Refer to section 8.

5.69

District M: Heavy Industrial.

5.70

Purpose.

This district is designed to provide land areas for manufacturing and industrial activities whose generation of nuisance characteristics is ordinarily greater than those industries permitted in the M-1 and M-2 Districts. The M-3 District regulations are designed to attract and encourage such industries, subject to the minimum regulations necessary for the mutual protection of the permitted uses and the public.

5.71

Permitted uses.

All uses permitted in M-1 and M-2 Districts, plus the following:

Aircraft landing strip, sales, service, rental or repair.

Broadcasting towers for radio or TV.

Concrete products manufacturing.

Food processing plants.

Lumber and building material sales and storage.

Machine shops.

Salvage or junk yards (for pipe, sheetmetal, automobiles, lumber, etc., when visually screened on front, rear, and all sides with a solid six-foot-high fence).

Storage tanks (for liquid petroleum, gas, and explosives).

Tire shop, including vulcanizing and retreading.

Warehousing.

5.72

Conditional uses permitted.

Refer to section 6.15.

5.73

Area requirements.

Refer to Table A at the end of this section.

5.74

Parking requirements.

Refer to section 7.

5.75

Sign regulations.

Refer to section 8.

5.76

District PUD: Planned Unit Development.

5.77

Purpose.

The purpose of this district is to permit such flexibility and to provide performance criteria which can result in planned developments which produce:

5.78

A maximum choice in the type of environment and living units available to the public;

5.79

Open space and recreation areas;

5.80

A pattern of development which preserves trees, outstanding natural topography and geologic features and prevents soil erosion;

5.81

A creative approach to the use of land and related physical development;

5.82

An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs;

5.83

An environment of stable character in harmony with surrounding development;

5.84

A more desirable environment than would be possible through strict application of other sections or districts in this ordinance.

The planned unit development district is designed to provide for small and large scale developments incorporating a single type or a variety of residential and related uses which are planned and developed as a unit. Such developments may consist of individual lots or may have common building sites. Common land must be an essential and major element of the plan which is related to and affects the long-term value of the homes and other development. A planned unit shall be a separate entity with a distinct character in harmony with the surrounding development.

In a planned unit development, if maximum building heights, minimum lot sizes, setback lines, lot widths or lot depths are to be different from established standards for the respective land uses, approval for such deviation must be acquired from the planning commission. No structure shall be more than two hundred forty (240) feet in length, and there shall be a minimum of fifteen (15) feet between structures. The limit of two hundred forty (240) feet in length will be waived if the structure is completely equipped with an automatic sprinkler system conforming to the standards of the National Fire Protection Association for the Installation of Sprinkler Systems. No structure shall be constructed within fifteen (15) feet of the exterior property lines of the development.

5.85

Location.

The planned unit development may be established in any residential district. No structure shall be constructed in a delineated floodplain. A structure is defined as anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

5.86

Submission procedure.

The city engineer or building official shall, subject to the approval of the commission, establish and publish the procedure for submission and review of proposals for planned unit development.

The initial submission to the commission shall consist of a request for zone change, a preliminary subdivision plat, and a preliminary development plan. If these are approved by the commission, they will be sent forward to the city council with a recommendation for approval of the zone change request under the condition that the final plat and final development plan with all related information shall be presented to the council, through the commission, within one (1) year from the date of approval of the zone change request; otherwise, the zoning shall revert to that prior to the request. This period of one (1) year may be extended for an additional period of twelve (12) months on presentation and approval of information acceptable to the commission and the city council that extenuating circumstances, beyond the control of the developer, have prevented compliance within the original period of one (1) year.

5.87

Subdivision plat.

The subdivision plat shall be as required by the subdivision regulations, except that consideration will be given to meritorious modification of the geometric standards of streets other than principal streets.

5.88

Development plans.

The developer shall present plans, reports and related information in sufficient detail to enable the commission to evaluate the proposed development in accordance with the provisions of this section. The commission shall investigate and ascertain that the plans for the planned unit development meet the following conditions:

5.89

That the tract of land for the project comprises not less than five (5) acres. It may be owned, leased or controlled either by a single person, a group of individuals, or a corporation;

5.90

That the standards for the maximum floor space permitted and for minimum recreational space, outdoor living space, open space and parking space requirements are related to a land use intensity rating (LUI). The land use intensity (LUI) for a planned unit development shall relate to the zoning districts. The relationship between ratings and standards are established and are as follows:

	PUD District
	1	2	3
Land use intensity	3.7	4.5	5.8
Minimum average dwelling unit size (city requirements)	1,000 sq. ft.	800 sq. ft.	600 sq. ft.
Maximum # of D.U./acre (city requirements)	7.08	15.4	50.6
Maximum floor area ratio (FAR) (total floor area/total land area)	.162	.283	.696
Minimum open space ratio (OSR) (open space/floor area)	4.8	2.6	1.0
Minimum livability space ratio (LSR) (nonvehicular outdoor space/floor area)	3.3	1.7	.57
Minimum recreation space ratio (RSR) (recreation space/floor area)	.20	.15	.10
Minimum occupant car ratio (OCR) (parking spaces/dwelling unit)	1.6	1.2	.84
Minimum total car ratio (TCR) (parking spaces/dwelling unit)	1.8	2.0	2.0

Definitions:

Floor area ratio (FAR) is maximum square footage of total floor area permitted for each square foot of land area.

Example: Floor Area Ratio (FAR) = 1.0

Open space ratio (OSR) is minimum square footage of open space required for each square foot of floor area.

Livability space ratio (LSR) is minimum square footage of nonvehicular outdoor space required for each square foot of floor area.

Recreational space ratio (RSR) is minimum square footage of recreation space required for each square foot of floor area.

Total car ratio (TCR) is minimum number of parking spaces required for each living unit.

Occupant car ratio (OCR) is minimum number of parking spaces without parking time limits required for each living unit.

5.91

That the buildings are to be used for residential purposes except:

5.92

Where the development contains one hundred (100) or more dwelling units, two thousand four hundred (2,400) square feet of floor area for every one hundred (100) dwelling units may be limited business use as permitted in the neighborhood business district. As deemed necessary by the planning and zoning commission, this business area may be in a separate building or incorporated with a two-family or multifamily structure.

5.93

Where the development contains five hundred (500) or more dwelling units, one (1) acre of land for each one hundred (100) dwelling units may be used for commercial purposes. Only uses permitted in District C-2 general commercial may be included.

5.94

Where customary accessory or associated uses, such as residential garages, storage buildings, recreational facilities, community facilities, churches, and schools are to be built as part of the development.

5.95

That the proposed project will constitute an environment of sustained desirability and stability, and that it will be in harmony with the character of the surrounding neighborhood.

5.96

That the project is in conformity with the policies and goals of the comprehensive plan for development of the city, and will be consistent with the intent and purpose of this section.

5.97

That the property adjacent to the proposed development will not be adversely affected.

5.98

That every structure containing dwelling units have access to a public street directly or via a court, walkway or other area dedicated to the public or owned and maintained by a homes association, but need not front on a street.

5.99

That provisions for the parking of motor vehicles in nonresidential areas are as established in section 7 of this ordinance.

5.100

Stage construction.

Stage construction will be considered if the initial stage is five (5) acres or more in area, and each succeeding stage is at least five (5) acres or the balance of the tract. The preliminary development plan and the preliminary subdivision plat shall show all of the development stages and the approximate boundaries of each stage. The final subdivision plat and final development plans for each succeeding stage shall be submitted at not more than one (1) year intervals.

The common areas and facilities for each development stage must be planned so that each homeowner in the original planned unit and in each additional stage will have an approximately equal financial stake in the homes association’s common facilities and about equal benefit from them.

5.101

Utilities.

The method of providing streets and utilities shall be in accordance with the requirements of the subdivision regulation ordinance, except for the variance as provided for private streets in subsection 5.87 above.

5.102

Signs.

Signs shall be regulated in each land use as established in respective subsections of section 8.

5.103

Homes association.

A homes association will be required if other satisfactory arrangements have not been made for providing, operating and maintaining common facilities including streets, drives, service and parking areas, common open spaces, and common recreational areas. The incorporation of the homes association must provide for the following:

Establish automatic membership in a nonprofit homes association of all lot owners in the PUD;

Place title to the common property in the homes association or give definite assurance that it automatically will be so placed within a reasonable, definite time;

Appropriately limit the uses of common property;

Give each lot owner the right to the use and enjoyment of the common property;

Place responsibility with the homes association for: maintenance and operation of the common property; administration or architectural controls; enforcement of covenants; and maintenance of all or part of the exterior improvements of individual properties;

Place an association charge on each lot in a manner which will assure sufficient association funds, and provide adequate safeguards for the lot owners against undesirably high charges;

Provide that a lien shall be placed upon property of which homes association charges are delinquent;

Give each lot owner voting rights in the association.

The homes association incorporation must meet with the approval of the city attorney and be filed for record with the Fayette County Clerk.

5.104

Relation of other city ordinances and codes.

The provisions of the housing code, building code, fire prevention code, plumbing code and electrical code, among other codes and ordinances, are specifically mentioned as applicable to District PUD (planned unit development). A building permit for a structure in a planned unit development shall be issued only after the plans for the development have been approved by the commission. All structures in a planned unit development shall be constructed as shown on the approved plans.

DISTRICT USE SCHEDULE TABLE A
District	Min. Lot Area - Gross	Min. Lot Area/D.U.	Min. Lot Width	Min. Lot Depth	Min. Front Setback	Min. Side Setback	Min. Ex. Setback	Min. Rear Setback	Max. Height	Max. D.U./Acre
A-O Agriculture Open	5 acres	5 acres			50 feet	20 feet	15 feet		35 feet
R-1 Single-Family	6,000 sq. ft.	6,000 sq. ft.	60 feet	100 feet	25 feet	“D” 6 feet	15 feet	25 feet	2.5 story or 35 ft.	6.0
R-2 Two-Family	6,000 sq. ft.	3,000 sq. ft.	60 feet	100 feet	25 feet	“D” 6 feet	15 feet	25 feet	2.5 story or 35 ft.	10.0
R-3 Multiple-Family					25 feet	“A” “B”	15 feet	20 feet	45 feet	43.0
R-4 Townhouse Rowhouse	2,000 sq. ft.	2,000 sq. ft.	20 feet	100 feet	25 feet	“A” “B”	15 feet	25 feet	35 feet	20.0
MH-1 Manufactured Home Residential	SEE SECTION 5.34.1 FOR ALL REQUIREMENTS
R-5 Mobile Home	SEE MOBILE HOME PARK ORDINANCE [article 3.06 of the Code of Ordinances]
C-1 Neighborhood Business	2,400 sq. ft.	“C”	24 feet	100 feet	25 feet	“A”	“B”	15 feet	25 feet	35 feet
C-2 General Commercial	2,400 sq. ft.	“C”	24 feet	100 feet	25 feet	“A” “B”	15 feet	20 feet
M-1 Light Industrial				100 feet	25 feet	“A” “B”	15 feet	20 feet
M-2 Planned Industrial	80,000 sq. ft.		200 feet	400 feet	50 feet	“A” “B”	25 feet	20 feet
M-3 Heavy Industrial					25 feet	“A” “B”	15 feet
PUD Planned Unit Development	SEE SECTION 5.76 FOR ALL REQUIREMENTS

D.U. - Dwelling Unit.

D.U./Acre - Dwelling Units per acre, in the zone, under one ownership including streets, parks, etc.

Min. Lot Width - Lot width at front setback line.

Min. Ext. Setback - Applies to side street on a corner lot.

“A” - Single buildings or groups of contiguous buildings shall be separated by not less than 12 feet of open space, and no such building or group of contiguous buildings shall exceed 240 feet in length unless it is equipped with automatic sprinkler systems for fire protection purposes.

“B” - A minimum side setback of 10 feet is required for end unit.

“C” - Dwelling Units must have separate entrances and parking from business.

“D” - Lot line construction of residences is allowed where property on both sides of a lot line is owned and/or developed by a single party. In no case shall a single-family residence or duplex be built within 12 feet of another building.

(Ordinance adopted 6/15/73; Ordinance adopted 5/16/00; Ordinance 05152023 adopted 5/15/2023)

§ 6 SUPPLEMENTARY DISTRICT REGULATIONS.

6.0

[Adopted.] [1]

The following supplementary district regulations are hereby adopted and shall apply in all cases where specified by this section.

Original has this as an unnumbered paragraph.

6.1

Visibility at intersections in all districts.

On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impair vehicle drivers’ vision at intersections, within a triangle defined by the property lines and a line joining two (2) points located twenty (20) feet back from the property lines intersection; except that fences, walls, and hedges may be permitted provided that such fences, walls and/or hedges do not impair vision from three (3) feet to six (6) feet above the curbline elevation.

6.2

Accessory buildings.

No accessory building shall be erected in any required setback area, except in instances where twenty-foot alleys are provided or in the case of easements, rear setback shall be ten (10) feet.

6.3

Minimum building plot.

No building plot shall have lower or less stringent standards or dimensions than those prescribed for respective zones as shown in Table A of this ordinance.

6.4

Erection of more than one principal structure on a lot or building plot.

In any district, more than one (1) structure housing a permitted principal use may be erected on a single lot or building plot, but yard and other requirements of this ordinance must be met for each structure as though each were on an individual lot or building plot.

6.5

Exceptions to height regulations.

The height limitations contained in Table A do not apply to spires, belfries, cupolas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

6.6

Structures to have access.

Every building hereafter erected or moved shall be on a lot or building plot with direct access on a public street, or with access to an approved private street. All structures shall be so located on lots or building plots as to provide safe and convenient access for servicing, fire protection, and the required on-site parking.

6.7

Required yards.

Yards as required in this ordinance are open spaces on the lot or building plot on which a building is situated and which are open and unobstructed to the sky by any structure except as herein provided.

6.8

Front yard required.

A yard facing and abutting a street and extending across the front of a lot or building plot between the side property lines and having a minimum horizontal depth measured from the front property line to a depth of the setback specified for the district in which the lot is located. The required front setback line represents the line in front of which no building or structure may be erected except that porches and steps open on three (3) sides located along not more than one-half of the building may project a maximum of six (6) feet into the required front yard. Balconies, decks, signs and marquees located more than eight (8) feet from the ground may project up to six (6) feet into the required front yard.

6.9

Rear yard required.

A yard extending across the rear of the lot or building plot between the side property lines and having a minimum depth measured from the rear property line as specified for the district in which the building plot is located. There shall be no intrusion into the required rear yard by stairways, balconies or other building extensions to more than six (6) feet.

6.10

Side yard required.

A yard located on a lot or building plot extending from the required rear yard to the required front yard having a minimum width measured from the side property line as specified for the district in which the building plot is located.

6.11

Major recreational equipment.

For the purpose of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No such equipment shall be used for living, sleeping, home occupation, or household purposes when parked or stored on a residential lot, or in any location not approved for such use.

6.12

Parking and storage of certain vehicles.

Automotive vehicles or trailers not bearing current license plates and state motor vehicle inspection stickers, excluding racing cars, antique cars and cars belonging to members of armed forces who are on active duty, shall be parked or stored on any residentially zoned property only in completely enclosed buildings.

6.13

Screening fences required on new construction.

(1)

Where there is a common side or rear lot line or lot lines between business, commercial or industrial land and developed residential areas, the owner of said business, commercial or industrial land shall erect a fence that properly screens adjacent residential lots from adverse influences such as noise, vehicular lights, trespass, and other adverse influences as part of the normal construction of buildings dedicated to said nonresidential usage.

(2)

Where there is a common side or rear lot line or lot lines between apartment land and developed single-family residential land, the owner of the apartment land shall erect a fence that will properly screen adjacent single-family residential land from adverse influences such as noise, vehicular lights, trespass, and other adverse influences as part of the normal construction of the apartment project.

Such screening fences may be made of any material but shall be at least six (6) feet in height and shall form a solid continuous screen between the residential and nonresidential land uses. In the case of rear lot lines such screening fence shall be continued from one (1) side lot line along the rear lot line to the other side lot line. In the case of side lot lines, such screening fence shall be continued from the rear lot line along the side lot line to the front setback line but no farther than a point fifteen (15) feet from the street right-of-way line. Each such screening fence shall be maintained in good condition by the owner of said business, commercial or industrial project, for as long a time period as may be needed to protect adjacent residential land uses.

6.14

Shopping centers, multiple building complex and large projects in general.

Plot plans of all shopping centers and multiple building complexes and plot plans of other large-scale projects which would cause a considerable impact on the city’s facilities shall be reviewed and approved by the city technical staff prior to the issuance of a building permit by the building official. Such review under this subsection shall be restricted to the review of the impact of such projection:

(1)	The neighboring land and environment;
(2)	Traffic generation;
(3)	Proposed circulation patterns and implications to safety in the project area; and
(4)	The resultant impact of such traffic generation and circulation upon adjacent street systems.

The building official or the developer of the project may refer the plot plans to the city council prior to the issuance of a building permit for final resolution. No building permit will be delayed more than thirty (30) days pending resolution of such building permit request unless the building permit has been formally denied by the building official. The building permit, when issued, shall require construction according to the approved plot plan, construction plans and specification[s].

6.15

Conditional uses.

The following conditional uses may be permitted in any district when they meet special regulations and conditions prescribed by the city council, upon recommendation of the planning and zoning commission through the issuance of a use permit (see section 10). Detailed examination of proposed location and use characteristics is necessary to maximize compatibility.

Churches

Community buildings; meeting-recreation facilities

Hospitals, sanitariums, nursing homes or convalescent homes

Telephone exchanges

Child care and development centers

Public libraries

Municipal service facilities and buildings

Schools, public or denominational

Medical clinics, pharmacies

Bed and breakfasts

6.16

Environmental regulations.

The following regulations are to control contamination of the air, water, or the environment, and to safeguard the health, safety and welfare of the people.

6.17

No machine, process or procedure shall be employed on any property in the city in which:

(a)	Emission of smoke, dust, noxious, toxic or lethal gases are detectable beyond the perimeter of the property;
(b)	Materials are stored or accumulated in such a way that they may be carried by rainwater in natural drainage channels beyond the limits of the property, which are noxious, toxic, radioactive, contain oil or grease, wood or cellulose fibers, hair, feathers, plastic, or have a pH factor above ten (10) or below five (5);
(c)	Drainage into the sanitary sewerage system shall conform to the requirements in the industrial waste ordinance;
(d)	Vibration is discernible beyond the property line;
(e)	Noise above the ambient noise level is discernible beyond the property line.

6.18

No stormwater drain, roof drain, or area drain shall empty into a sanitary sewer.

6.19

Floodplain.

No dwelling, commercial or industrial building shall be permitted in the intermediate floodplain channel, as determined by the city. Buildings in the area between the delineated intermediate floodplain and the standard floodplain will be permitted only after such land is built up to an elevation of one (1) foot above the standard floodplain elevation, and such land as so built up, when verified by the city engineer, will change the standard floodplain delineation accordingly.

6.20

Mobile home park.

The mobile home park zone is a floating zone, and such classification is not to be granted until a petition is presented showing a planned utilization of such a zone, that such use is the best use of the land, and that it will not adversely affect the surrounding property.

6.21

Temporary buildings and equipment.

Temporary buildings and equipment for uses incidental to construction work on premises are allowed in any zone but shall be removed upon the completion or abandonment of construction work.

6.22

[Parks].

Parks are allowed in any zone.

6.23

Sexually oriented businesses.

[Permit required.]

Except as provided in this section, sexually oriented businesses shall be prohibited from operating without a permit within the city limits.

Purpose and intent.

It is the purpose of this section of the zoning ordinance to regulate sexually oriented businesses to promote the public health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to distributors and exhibitors of sexually oriented entertainment. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene materials. The regulations of this section are adopted under Chapter 243 of the Texas Local Government Code.

Definitions.

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning.

Adult arcade

means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically operated still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing or [of] specified sexual activities or specified anatomical areas.

Adult bookstore or adult video store

means a commercial establishment which, as one of its principal business purposes, offers for sale or rental or [for] any form of consideration any one (1) or more of the following:

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, compact disc visual discs, digital visual discs, computer pictures, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or

Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as either:

Two (2) percent or more of its gross revenue is derived from the sale or rental of the specified materials which depict or describe specified sexual activities or specified anatomical areas; or

Two (2) percent or more of its inventory consists of the specified materials which depict or describe specified sexual activities or specified anatomical areas.

Adult cabaret

means a nightclub, bar, restaurant or similar commercial establishment that regularly features:

Persons who appear in a state of total nudity or semi-nudity; or

Life [Live] performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

Films, motion pictures, videocassettes, compact visual discs, digital visual discs, computer pictures, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult motel

means a hotel, motel, or similar commercial establishment which:

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, compact visual discs, digital visual discs, computer pictures, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; including those that have a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

Offers a sleeping room for rent for a period of time that is less than ten (10) hours or based on an hourly rate; or

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 or based on an hourly rate.

Adult motion picture theater

means commercial establishments where, for any form of consideration, films, motion pictures, videocassettes, compact visual discs, digital visual discs, computer pictures, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult theater

means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity and/or semi-nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

Escort

means 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 body rub, bathing of the body, or striptease for another person for sexual arousal.

Escort agency

means 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.

Establishment

means and includes any of the following:

The opening or commencement of any sexually oriented business as a new business;

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

The addition of any sexually oriented business to any other existing sexually oriented business; or

The relocation of any sexually oriented business.

(10)

Permittee

means a person in whose name a conditional use permit to operate a sexually oriented business has been issued and the person who owns the building and/or land on which the business is located, as well as the individual listed as an applicant on the application for a permit.

(11)

Nude model studio

means 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.

(12)

Nudity or a state of nudity

means the appearance of a human bare buttock, anus, male genitals, female genitals, or areola of the breast.

(13)

Person

shall mean and include an individual human, partnership, co-partnership[,] firm, company, limited liability partnership or other partnership or other such company, joint venture, joint stock company, trust, estate, governmental entity, association or corporation or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

(14)

Semi-nude

means a state of dress in which clothing covers no more than the genitals, pubic region, and/or areola of the breast, as well as portions of the body covered by supporting straps or devices.

(15)

Sexual encounter center

means a business or commercial enterprise that, as one of its primary business purposes, offers any of the following for consideration:

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

Activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is in a state of nudity or semi-nude.

(16)

Sexually oriented business

means a sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, sexual encounter center, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.

(17)

Specified anatomical areas

means the male genitals in a state of sexual arousal and/or the vulva or more internal portion of the female genitals.

(18)

Specified sexual activities

means and includes any of the following:

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

Masturbation, actual or simulated; or

Excretory functions as part of or in connection with any of the activities set forth in (A) through (C) above.

(19)

Substantial enlargement of a sexually oriented business

means the increase in floor area occupied by the business by more than twenty-five (25) percent, as the floor area existed on the effective date of this section, or under a certificate of occupancy therefor.

(20)

Transfer of ownership or control of a sexually oriented business

means and includes any of the following:

The sale, leasing or subleasing of the business;

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

The establishment of a trust, gift or other similar legal device which transfers the 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.

Classification.

Sexually oriented businesses are classified as follows:

Adult arcades;

Adult bookstores or adult video stores;

Adult cabarets;

Adult motels;

Adult motion picture theaters;

Adult theaters;

Escort agencies;

Nude model studios; and

Sexual encounter centers.

Location.

This section allows the opportunity for consideration of conditional use permits to be issued for sexually oriented businesses in the General Commercial (herein “C-2”) zoning districts only.

The following uses may be permitted within the city by conditional use permit only in the C-2 zoning district.

Adult arcades;

Adult bookstores or adult video stores;

Adult cabarets;

Adult motels;

Adult motion picture theaters;

Adult theaters;

(G)

Escort agencies;

(H)

Nude model studios; and

(I)

Sexual encounter centers.

No use listed in subsection (d)(i) [(e)(1)] above shall be established within one thousand (1,000) feet of any of the following uses in existence prior to the beginning of such business:

A church, chapel, or other regular place of religious worship;

A public or private day care, elementary, secondary school or institute of higher learning;

A boundary of any residentially zoned district;

A public park, library, or playground;

The property line of a lot used for residential purposes; or

Within one thousand (1,000) feet of another sexually oriented business.

For the purpose of this section, 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 as described in (d)(ii) [(e)(2)] above; or to the nearest boundary of any residentially zoned district; or from the closest exterior wall of the structure in which a sexually oriented business is proposed to be located to the nearest exterior wall of any other sexually oriented business.

For the purposes of this section, if sexually oriented businesses cannot be located within a minimum of three (3) percent [of the] existing zoning districts within the city limits, including all nonconforming use sexually oriented businesses, due to limitations as set forth in this section, the city will upon written request from an applicant review the current zoning districts and shall allow zoning alterations as necessary so that a minimum of three (3) percent of the city-wide zoning, cumulatively within the city limits, can be occupied by a conditional use permitted sexually oriented business, including all nonconforming use sexually oriented business.

(f)

Sexually explicit films and videos.

A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, videocassette, compact visual disc, digital visual disc, computer picture, slide, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

The application for a conditional use permit for a sexually oriented business shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus one (1) foot. The building official may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises is correct and has not been altered since it was prepared.

The application shall be sworn to be true and correct by the applicant.

No alteration in the configuration or location of a manager’s station may be made without the prior approval of an amendment to the conditional use permit.

It is the duty of the owners and operator of the premises to ensure that at least one (1) employee is on duty and situated in each manager’s station at all times that any patron is present inside the premise.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (2) or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.

It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in the above subsection (E) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection (A) of this subsection.

(G)

No viewing room may be occupied by more than one (1) person at any time.

(H)

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor level.

(I)

It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

A person having a duty under subsection (A) through (I) of subsection (i) [(1)] above commits a misdemeanor if he or she knowingly fails to fulfill that duty.

(g)

Exemptions.

The following are exempt from regulation under this section:

A bookstore, movie theater, or video store, unless that business is an adult bookstore, adult motion picture theater, or adult video store as defined herein;

A business operated by or employing a licensed psychologist, licensed physical therapist, licensed athletic trainer, licensed cosmetologist, or licensed barber engaged in performing functions authorized under the license held; or

A business operated by or employing a licensed physician or licensed chiropractor engaged in practicing the healing arts.

It is a defense to prosecution under this section that a person appearing in a state of nudity did so in a modeling class operated:

By a proprietary school, licensed by the State of Texas; a college, junior college or university supported entirely or partly by taxation;

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

In a structure:

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and

Where no more than one (1) nude model is on the premises at any one (1) time.

(h)

Permits.

All sexually oriented businesses located within the city limits must have a conditional use permit or qualify as a nonconforming use and have a permit to operate as provided herein. Each person having ownership interest, control or owning the property upon which the sexually oriented business is to be located must have filled out an application and his or her name must appear on the permit.

Permits required.

A commercial establishment that is a sexually oriented business as herein defined, shall at all times of operation within the city limits have a valid permit.

A person commits an offense if that person conducts business as a sexually oriented business within the city unless a valid conditional use permit has been issued by the city for the conduct of such business.

A person commits an offense if that person conducts business as a sexually oriented business within the city limits unless the person has a valid permit which is posted at or near the principal public entrance to the business in such a manner that it will be conspicuous to patrons who enter the premises, or behind the bar in a conspicuous manner.

Every permittee shall have and maintain exclusive occupancy and control of the entire permitted premises in every phase of the operation of the sexually oriented business on the permitted premises. A permittee commits an offense if the permittee attempts to avoid such responsibility by creating any device, scheme or plan which surrenders control of the employees, premises or business of the permittee to persons other than the permittee.

Issuance or denial of any permit.

A permit, renewal or transfer permit shall be issued unless one (1) or more of the following conditions exists:

The applicant has located the sexually oriented business in violation of this section.

The applicant(s) failed to supply all of the information required on the application.

The applicant, or any one (1) applicant, gave fraudulent or untruthful information on the application. This does not apply to clerical errors.

The applicant, or any one (1) applicant, has been convicted of a felony for which not less than ten (10) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, or a misdemeanor for which less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever date is the later date, of a crime in any state in the United States of America involving:

Public lewdness, indecent exposure, or indecency with a child, as described in the Texas Penal Code;

Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child, as described in the Texas Penal Code;

Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography, as described in the Texas Penal Code;

Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses; or

Any similar offense to those described above under the criminal or penal code of another state.

Any applicant, or any one (1) applicant, refuses to provide a complete and current NCIC and TCIC criminal history of applicant obtained by applicant from the Texas Department of Public Safety. The criminal history must be completed within 15 days of the date the application is submitted to the building official.

Permit fees are not paid in full.

Application requirements.

Initial permit requests for a conditional use permit require each owner, having ten (10) percent or more interest in the sexually oriented business, to submit a complete application and to update the application as changes in ownership occur (herein the “applicant” or “permittee”). The information required in this subsection must be provided with each application and, as changes occur, updated information within ten (10) days of any change in the information required in the application.

The following information must be provided on the application form:

The name, street address (and mailing address if different) of the applicant and each and every owner with greater than ten (10) percent ownership interest;

Two (2) copies each of recent photographs of the applicant showing full face and each side face profile;

A complete set of fingerprints on forms from the police department;

A complete and current NCIC and TCIC criminal history of applicant obtained by applicant from the Texas Department of Public Safety. The criminal history must be completed within fifteen (15) days of the date the application is submitted to the building official;

The applicant’s driver’s license number, date of birth, and where applicable, his/her state or federally issued tax identification number;

(vi)

The name under which the establishment is to be operated and a general description of the services to be provided;

(vii)

If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he or she must state (a) the sexually oriented business’s assumed name and (b) submit the required registration documents;

(viii)

Whether the applicant has ever been convicted, or is awaiting trial on pending charges, of a crime specified in section 8.20(g)(ii)(D) [subsection (h)(2)(D)] and, if so, the nature of the offense(s) and the date, place, and jurisdiction of each offense;

(ix)

Whether the applicant has had a previous license or conditional use permit under this section or other similarly sexually oriented business ordinance from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the license or conditional use permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant is or has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is or was licensed under a sexually oriented business ordinance whose license or conditional use permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the license or conditional use permit was denied, suspended or revoked, as well as the date of denial, suspension or revocation;

(x)

Whether the applicant holds any other license or conditional use permit under this section or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses;

(xi)

The address, and legal description of the tract of land on which the establishment is to be located;

(xii)

If the establishment is in operation, the date on which the owner(s) acquired the establishment for which the license or conditional use permit is sought, and the date on which the establishment began operations as a sexually oriented business at the location for which the conditional use permit is sought; and

(xiii)

If the establishment is not in operation, the expected startup date (which must be expressed in number of days from the date of issuance of the conditional use permit). If the expected startup date is to be more than ten (10) days following the date of issuance of the conditional use permit, then a detailed explanation must be provided of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner’s time schedule and plan for accomplishing the construction, repair or remodeling work.

All applications for a conditional use permit must include the following:

If the establishment is a State of Texas corporation, a certified copy of the articles of incorporation, together with all amendments thereto.

If the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto.

If the establishment is a limited partnership formed under the laws of the State of Texas, a certified copy of the certificate of limited partnership, together with all amendments thereto.

If the establishment is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto.

Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed along with the current address(es) and telephone number(s) of the owner(s).

(vi)

If the person(s) identified as the fee owner(s) of the tract of land are not also the owners of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owners or proposed owners of the establishment to have or obtain the use and possession of the tract or portion thereof that is to be used for the purpose of the operation of the establishment together with the correct address and telephone number of each person with an ownership interest in the property.

(vii)

If the property is owned by other than a natural person, the complete name, address and telephone of each person with an interest in the entity must be included in the application.

(viii)

A current certificate and straight-line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting the property lines of any established use listed in section 8.20(d)(ii) [subsection (e)(2)] within one thousand (1,000) feet of the property to be certified. For purposes of this section, a use is considered existing or established if it is in existence at the time an application is submitted.

(ix)

The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale no smaller than 1/4 inch equals one (1) foot and with marked dimensions of the placement of the building on the tract of land, and the interior of the premises to an accuracy of plus or minus six (6) inches. All locational requirements must be approved by the building official within sixty (60) days from the time the application is filed.

(x)

Any of items (1) through (9) [(i) through (ix)] above will not be required for a renewal application if they were previously presented and the applicant states in writing that the documents previously furnished to the building official with the original application or previous renewals thereof remain correct and current.

Every application for a conditional use permit must contain a statement made under oath that:

The applicant has personal knowledge of the information contained in the application, and that the information contained therein and furnished therewith is true and correct; and,

The applicant has read the provisions of this section.

The applicant for a sexually oriented business conditional use permit must be qualified according to the provisions of this section.

If the applicant who wishes to operate a sexually oriented business is an individual, that individual must sign the application for a conditional use permit as applicant. If the applicant who wishes to operate a sexually oriented business is other than an individual, each individual who has greater than a ten (10) percent interest in the business must sign and provide all the information required by the application for a conditional use permit as an applicant and will be considered an operator if a conditional use permit is granted.

The fact that a person possesses any other valid license, certificate or permit required by law does not exempt him or her from the requirement of obtaining a sexually oriented business conditional use permit. A person who operates a sexually oriented business and possesses another business license, certificate or permit must comply with the requirements and provisions of this section as well as the requirements and provisions of the law concerning the other license, certificate or permit.

(G)

All applications must include a nonrefundable application fee. An application will not be considered to have been filed until all applicable fees are paid and all information required by the application form has been submitted.

Editor’s note–At the request of the city, the specific dollar amount of the filing fee was removed from subsection G. above. Fees can be found in appendix A to this code.

(H)

The applicant must supplement an application with new information received after the date the application was deemed completed. Permittees must supplement application information within ten (10) days of any change in information provided in the application.

(I)

All sexually oriented businesses located within the city and in operation as a lawful use conforming to the zoning ordinance before the effective date of this section are granted a one-time waiver of the application fee. Upon satisfactory completion of the application and surrender of the existing business’s current certificate of occupancy, a new conditional use permit will be issued, subject to the requirements of this section.

(J)

A copy of all applications and supporting documentation for conditional use permits will be maintained by the building official.

(K)

Upon receipt of an application or supplemental information, the building official will review the application to determine if all required and necessary information has been submitted. The building official will issue a letter within a reasonable time, not to exceed ten (10) business days, after receipt of the application or supplemental information and advise the applicant whether supplemental information must be submitted. The applicant must provide any supplemental information within thirty (30) days or the application will be returned and the filing fee forfeited.

Public notice of pending application.

An applicant for a license or permit issued under this section for a location not previously licensed or permitted shall, not later than the 60th day before the date that the application is filed, prominently post outdoor signs at the location. The outdoor signs shall be at least twenty-four (24) inches by thirty-six (36) inches in size, with letters at least two (2) inches in size, stating “A SEXUALLY ORIENTED BUSINESS IS INTENDED TO BE LOCATED ON THIS PREMISES.” The signs will also include the name and business address of each applicant, and the time and place of the public hearings. The city may require the signs to be both in English and a language other than English, if it is likely that a substantial number of the residents in the area speak a language other than English as their familiar language. The signs will be placed on the property in sufficient quantities and locations to identify the property as being intended as the location of a sexually oriented business. At a minimum, one (1) sign will be erected on each lot corner to identify the boundaries of the property in addition to one (1) sign for each three-hundred-foot increment of each public road or highway frontage on the property existing or any part thereof. The signs will remain erected, and will be maintained by the applicant, until the application has been approved or denied by the city council.

The city will give notice of the application and scheduled public hearings by publication in two (2) consecutive issues of the city’s official newspaper. The notices will:

Include the fact that a sexually oriented business conditional use permit has been applied for;

Include the exact location, including the street address, of the place of business for which the certificate is sought;

Include the names of each owner of the business and, if the business is operated under an assumed name, the trade name together with the names of all owners;

Include, if the applicant is a corporation, the names and titles of all officers, directors and shareholders of ten (10) percent or more of the corporation;

Include the dates and times of the public hearings; and

Be published at least fifteen (15) days before each public hearing.

Renewal of permit.

Permits shall be valid for one (1) year from the issuance of the permit. Permits must be renewed annually by all persons having ownership interest or control of the sexually oriented business and all persons owning the property upon which the sexually oriented business is located. Failure to renew the permit voids the permit.

Permit transfers.

A permit is personal to the persons designated in the application. A permit may not be transferred except pursuant to and in compliance with this section. A transfer application must be filed within thirty (30) days of any change of persons designated on the current permit. A transfer application shall allow continuation of business under an existing permit while a new application is being processed. Any transfer application shall require and be treated in all respects as an original permit application. In the event that a transfer application is not timely filed, then the existing permit shall be invalid for any purpose relating to the operation of business. Provided, however, that nothing in this section shall affect the nonconforming use provisions herein.

Revocation of permit.

Any violation of this section shall constitute grounds for revocation of a permit. A permit shall be revoked for any of the following violations:

The permittee(s) have located the sexually oriented business in violation of this section.

The permittee(s) failed to supply all of the information required on the application.

The permittee(s) gave fraudulent or untruthful information on the application. This does not apply to clerical errors.

The permittee, or any one (1) permittee, has been convicted of a felony for which not less than ten (10) years have elapsed since the date of conviction or the date of a release from confinement imposed for the conviction, whichever is the later date, or a misdemeanor for which less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever date is the later date, of a crime in any state involving:

Public lewdness, indecent exposure, or indecency with a child, as described in the Texas Penal Code;

Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child, as described in the Texas Penal Code;

Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses; or

Any similar offense to those described above under the criminal or penal code of another state.

More than four (4) criminal offenses are committed on the permitted premises in any consecutive twelve-month period which fall in one (1) or more of the following categories:

Public lewdness, indecent exposure, or indecency with a child, as described in the Texas Penal Code;

Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child, as described in the Texas Penal Code;

Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses.

No person under the age of eighteen (18), not otherwise permitted by the Laws of Texas to view the material contained on the premises, is permitted to enter the premises.

Appeal.

All denials and revocations of permit applications and renewals must be appealed to the city council.

If an application for issuance or renewal of a permit is denied or a permit is revoked, upon notice of the denial or revocation of a permit, the aggrieved applicant or permittee shall have ten (10) days to file a written appeal of the decision before the city council. The written appeal shall include the name(s) of the applicant(s) and business, the address of the business, and the grounds for the appeal, and must be signed by the applicant(s).

The filing of an appeal of a revocation of a permit to the city council shall abate the revocation of the permit until such time as the city council may hold a public hearing.

Permit fee.

Each application for a permit, including renewal or transfer, shall be accompanied by an application fee.

Editor’s note–At the request of the city, the specific dollar amount of the application fee was removed from subsection (9) above. Fees can be found in appendix A to this code.

Specific violations.

A person commits a misdemeanor if he or she:

Operates or causes to be operated a sexually oriented business without a conditional use permit. All sexually oriented businesses shall be located within the C-2 zoning district unless such business qualifies as a nonconforming use.

Operates or causes to be operated a sexually oriented business without a permit to operate a sexually oriented business.

Operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of any of the following uses in existence prior to the beginning of such business:

A church, chapel, or other regular place of religious worship.

A public or private day care, elementary, secondary school or institute of higher learning.

A boundary of any residentially zoned district.

A public park, library, or playground.

The property line of a lot used for residential purposes.

Causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within one thousand (1,000) feet of another sexually oriented business.

Causes or permits the operation, establishment or maintenance of more than one (1) sexually oriented business, as defined herein, 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.

For the purposes of subsection (h)(i)(c) [(i)(1)(C)] of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure in which any, or any part of any, sexually oriented business is conducted, to the nearest property line of the premises described in subsection (h)(i)(C) [(i)(1)(C)].

For purposes of subsection (h)(i)(d) [(i)(1)(D)] of this section, the distance between any two (2) 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.

(j)

Nonconforming uses.

Any sexually oriented business lawfully operating on the effective date of this section that is in violation of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed ten (10) years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within one thousand (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.

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant of a conditional use permit for a sexually oriented business, of a church, public or private day care, elementary or secondary school, institute of higher learning, public park, library, or playground, or a residential lot within one thousand (1,000) feet of the sexually oriented business. This provision applies only to the renewal of a valid permit, and does not apply when an application for a permit is submitted after a permit and/or license has expired or has been revoked.

All nonconforming sexually oriented business uses in existence at the time of passage of this section within the city limits shall have sixty (60) days to apply for a permit to operate such sexually oriented business.

(k)

Enforcement.

The city may sue in the district court for an injunction to prohibit the violation of a regulation adopted under this section.

A person commits an offense if the person violates a municipal regulation adopted under this section. An offense under this section is a Class A misdemeanor.

(l)

Inspection.

The city may inspect a sexually oriented business to determine compliance with this section and its regulations.

(Ordinance adopted 6/15/73; Ordinance adopted 6/20/95; Ordinance adopted 11/21/05)

§ 7 MINIMUM PARKING REQUIREMENTS.

7.1

Purpose.

It is the purpose of this section to establish the guidelines for off-street parking space consistent with the proposed land use to:

Eliminate occurrence of nonresident on-street parking in adjoining neighborhood;

Avoid the traffic congestion and public safety hazards caused by a failure to provide such parking space; and

Expedite the movement of traffic on public thoroughfares in a safe manner and thus increasing the carrying capacity of the streets, reducing the amount of land required for streets and the cost to both the property owner and the city.

7.2

Off-street parking spaces required.

In all districts, for all uses, there shall be provided at the time any building or structure is erected or enlarged or increased in capacity, or at any time any other use is established, off-street parking spaces for motor vehicles in accordance with the requirements specified herein.

7.3

Dimensions and access.

Each off-street parking space for automobiles shall have an area of not less than nine (9) feet by twenty (20) feet. Each off-street parking space for truck unloading shall have an adequate unloading area. Each parking space and the maneuvering area thereto shall be located entirely upon private property except as set forth in the street ordinance. There shall be adequate provision for ingress and egress to all parking spaces, and there shall be adequate maneuvering space to eliminate backing to public right-of-way on major streets as defined in the street ordinance.

7.4

Off-premises locations.

For any new use, building or structure where the required off-street parking cannot be provided on the premises because of the size or the location of the lot, or building plot, such parking may be provided on other property under the same ownership not more than two hundred (200) feet distant from the building site and provided the proposed parking area is located in a district where parking lots are permitted.

7.5

Development and maintenance of parking area.

Every parcel of land hereafter used as public parking area, including commercial parking lots, automobile, farm equipment, mobile home, trailer, or other open-air sales lot, shall be developed and maintained in accordance with the following requirements:

7.6

Surfacing.

Except as otherwise provided, all off-street parking areas shall be all-weather surfaced, shall be installed, graded to drain, and maintained so as to dispose of surface water accumulated within the area, for all parking areas for more than five (5) vehicles. Parking spaces shall be so arranged and marked as to provide for orderly and safe parking of vehicles. Surfaces shall be subject to approval by the city engineer.

7.7

Lighting.

Any lighting used to illuminate an off-street parking area shall be arranged so as to direct or shield the light away from the adjoining premises in any residential district.

7.8

Review by city engineer.

Plans for off-street parking areas for more than five (5) vehicles, and the provision for ingress and egress to all off-street parking areas, shall be reviewed by the city engineer for compliance with this ordinance and the street ordinance prior to the issuance of a building permit, and the city engineer shall indicate his or her approval by notation on the drawing. “Parking Area and/or access approved” with signature and the date.

7.9

Number of off-street parking spaces required.

The number of off-street parking spaces required shall be determined from the following table of off-street parking requirements. The classification of uses referred to shall be deemed to include and apply to all uses.

Minimum Off-Street Parking Requirements
Type of Generator	Unit	Spaces per Unit	Plus - For
Apartment	DU	2
Apartment hotel	DU	1.5
Airport			As determined by the commission
Boarding house	Seat	1/3	1 per 2 employees
Banks	300 S.F.	1	1 per 2 employees
Bus depot			As determined by the commission
Church	Seat	1/5	1 per employee
Convalescent home	4 beds	1.5	1 per employee/shift
Duplex dwelling	DU	2
Dormitory	Person	1
Day nursery	Employee	1/2	4 for transient traffic
Day care center	Employee	1/2	4 for transient traffic
Fraternity house	Person	1
Freight station			As determined by the commission
Funeral parlor	Seat	1/5	1 per employee
Gasoline and fuel service	300 S.F.	1	1 per employee
Hotel	DU	1	1 per employee/shift
Hospital	4 beds	3	1 per employee/shift 1 per staff doctor
Home for aged	4 beds	1.5	1 per 2 employees/shift
Kindergarten	Employee	1/2	4 for transient traffic
Lodging house	Person	1
Lunch counter	Seat	1/3	1 per 2 employees
Motel	DU	1	1 per employee/shift
Motor vehicle sales and service			As determined by commission
Medical, dental or veterinarian clinic	100 S.F.	1	1 per 2 employees
Motion picture house	Seat	1/3	1 per 2 employees
Nightclub	Seat	1/3	1 per 2 employees
Office building	300 S.F.	1	1 per 2 employees 1 loading space per 10,000 sq. ft.
Personal service shop	300 S.F.	1	1 per 2 employees
Private club	Seat	1/3	1 per 2 employees
Retail store	300 S.F.	1	1 per 2 employees/shift
Restaurant	Seat	1/3
Rooming house	Person	1.5
Rowhouse	DU	2
Sales display	300 S.F.	1	1 per 2 employees/shift
Single-family residence	DU	1
Shopping center	200 S.F.	1	1 per 2 employees/shift 1 loading space per 10,000 sq. ft.
Sorority house	Person	1
Tourist home	DU	1	1 per 2 employees
Townhouse	DU	2
Theater	Seat	1/5	1 per 2 employees
Truck terminal			As determined by commission

NOTE: DU - Dwelling unit; S.F. - Square feet of floor space. Generators of traffic not listed above to conform to nearest classification listed.

(Ordinance adopted 6/15/73)

§ 8 SIGN REGULATIONS.

8.0

General.

All new signs shall conform to the same requirements as the building code and this ordinance. For detailed information on the classifications shown in quotation marks, refer to the building code.

8.1

Existing signs.

8.2

Temporary signs.

A temporary sign pertaining to the lease, rental or sale of premises or structure located thereon is permitted in all districts when located on such premises or structure. Such signs shall not be lighted, and shall not exceed fifteen (15) square feet in area. No permit is required.

8.3

Development signs.

Ground signs announcing or describing a legally approved subdivision or land development may be temporarily erected for a period of not more than six (6) months. Such signs shall not exceed three hundred (300) square feet in area, and may be indirectly lighted. Signs having flashing or moving parts, or spectacular signs are not permitted. Refer to the building code for permit requirements.

8.4

Special district sign requirements.

8.4.1

Residential districts. [1]

A person having a legal home occupation may display a nameplate on the face of the building or porch. The nameplate may contain only the name and the occupation of the resident. It shall be attached directly to, and parallel to the face of the building or porch. It shall not exceed two (2) square feet in area, shall not be illuminated in any way, and shall project not more than six (6) inches beyond the building or porch. No permit is required.

Original has this as Subsection 8-D.1.

8.5

Residential display.

Display of merchandise or examples of work is classified as a sign, and is not permitted in any residential district, except on approved nonconforming property where legally permissible. This is also applicable to residences in PUDs.

8.6

Apartment or townhouse-rowhouse districts.

One (1) ground sign or wall sign or marquee sign may be erected on the property of an apartment, apartment complex, townhouse or rowhouse complex, visible from a particular street, if not more than one hundred fifty (150) square feet in area, to advertise the name and facilities available. It may be indirectly lighted, but must have no flashing or moving parts. No spectacular signs may be installed. See building code for permit requirements. This is also applicable to apartments or townhouses in PUDs.

8.7

Mobile home park districts.

A ground sign or wall sign of not more than one hundred (100) square feet total area may be erected on the property of the mobile home park, and may be indirectly lighted; however, it shall have no flashing lights or moving parts, and no spectacular signs may be installed. See building code for permit requirements. This is also applicable to mobile home parks in PUDs.

8.8

Neighborhood business districts.

Signs when attached to buildings shall advertise only services or products which are offered within the building to which the sign is attached, and such signs shall not extend above the roof line or [of] such building or more than one (1) foot from the face of the building. No flashing or moving signs are permitted and no spectacular signs are permitted. No detached signs or billboards are permitted. See building code for permit requirements. This is also applicable to neighborhood businesses in PUDs.

8.9

Other districts.

No sign shall have flashing lights or moving parts if within fifty (50) feet of a public street. Spectacular signs must be installed with bottom of sign a minimum of fifteen (15) feet above the ground, and must be at least fifty (50) feet from a public street. No sign or any part thereof shall be located within ten (10) feet of any public street or public easement. No more than one (1) detached sign shall be allowed on any one (1) building plot.

8.10

Billboards.

No billboards or signs shall be erected advertising products or services not available on the site, except as provided in section 8.5.

8.11

Street number.

A street number, as designated by the building official, is required to [for] all residences and establishments. It must be readable from the street and may be on the building or in the yard and may include the name of the occupant. No permit is required.

8.12

Changeable electronic variable message signs.

8.12.1

Definitions.

For the purposes of this Section, Building Official means the City Administrator or his or her designee.

For the purpose of this Section, a Changeable electronic variable message sign (CEVMS) shall mean a sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color. A CEVMS sign does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) approved by the Federal Highway Administrator as the National Standard.

For the purpose of this Section, an interested person is one who is affected by a proposed CEVMS sign because:

the person owns real property located within 200 feet of the location of the proposed sign;

the sign will be clearly visible and fully legible from property owned or occupied by the person; or

the person is the designated spokesperson for no less than 200 citizens who are residents of the City of Schulenburg who have signed and submitted a petition to the City’s building official in opposition to the construction or erection of the proposed CEVMS sign.

8.12.2

Permit required.

From and after the effective date of this Ordinance, no CEVMS shall be allowed within the City limits or extraterritorial jurisdiction of the City unless prior to its construction or erection its owner or responsible party applies for and obtains a permit from the City for that purpose. Community Service Signs and Governmental Signs are exempt from this prohibition.

8.12.3

Application process.

The owner of a proposed CEVMS sign or a person with legal authority to represent such an owner shall make application to the City, through its building official, no less than sixty (60) days prior to the proposed erection or construction of a CEVMS sign.

The application shall fully describe or depict the dimensions, location, purpose, and appearance of the proposed sign, including the content of the proposed messages to be conveyed, depicted, or communicated by such sign.

The applicant shall, if requested by the Building Official, include the names and addresses of all owners of real property located within 200 feet of the proposed sign, and shall, if requested by the Building Official, send a notice by registered mail, return receipt requested, to each such owner informing each of the applicant’s intention to erect the proposed sign, the availability of the application for review at the City’s offices, and shall inform each that they may request that the City’s building official schedule a meeting at which all interested persons may meet with the applicant and the building official to discuss the proposed sign provided that the request is made no less than fourteen (14) days from the date of the notice.

If, as a result of that meeting, any interested person files a written request with the building official within five (5) days of the meeting that the matter be presented to the City Council, the building official shall notify the City Secretary, who shall include the application as an agenda item for the next available meeting of the City Council.

8.12.4

Standards for issuance of permit.

The Building Official shall receive and conduct an initial review of the application and determine if it is administratively complete. Following the initial review, should the Building Official conclude that the sign has the potential to produce one or more of the effects described in subsections (i) through (v) of subsection (c) of this section, he or she shall require the applicant to provide the names and addresses and send the notices described in Section 8.12.3(c), and shall, if the meeting described [in Section] 8.12.3(c) is requested, arrange and conduct that meeting.

If the application is administratively complete and the Building Official concludes that the sign does not have the potential to produce any of the effects described in subsections (i) through (v) of subsection (c) of this section, the Building Official shall issue the permit.

The City, acting either through the building official or the City Council, shall not issue the permit for the CEVMS sign that is the subject of a valid application if it is determined by a preponderance of reliable evidence presented that:

The sign will pose a safety hazard or dangerous obstruction to visibility or line of sight for vehicles on public streets, highways, or roadways;

The sign will pose a significant safety hazard to, will interfere significantly with, or will cause significant damage to public property, air traffic, radio, television, or Internet reception, the use or effectiveness of systems that protect the public safety, or other necessary and useful electronic transmissions;

The contents of the messages or matters depicted on the proposed sign will clearly be offensive to a large number of persons of reasonable sensitivity in the community;

The sign will reduce the market value of real estate located within 200 feet of the sign, according to a real estate appraisal prepared by a qualified appraiser of real estate, by an amount in excess of $5000.00; or

The appearance of the sign will clearly be offensive, disruptive, or detrimental to the aesthetic qualities, reputation, or image of the City in a manner that cannot be eliminated or satisfactorily reduced by reasonable modifications to the sign.

Editor’s note–Section 8.12 was added to the zoning ordinance by Ordinance adopted 7/21/08, as amended by Ordinance adopted 2/4/13, but was codified as sections 11-51 and 11-52 of the 1989 Code. At the request of the city, this section was relocated into the zoning ordinance as originally intended and renumbered to be consistent with this exhibit. Cross-references within this section were corrected without notation.

(Ordinance adopted 7/21/08; 1989 Code, secs. 11-51, 11-52; Ordinance adopted 2/4/13)

§ 9 ADMINISTRATION AND ENFORCEMENT.

9.1

Administration.

The city building official is designated to administer the enforcement of this ordinance.

9.2

Duties and limitations of the building official.

9.3

The building official shall have the power to grant building permits and certificates of occupancy, and to make inspections of buildings and premises to carry out the duties of the enforcement of this ordinance, subject to the special provisions where stipulated in this ordinance.

9.4

Every application for a building permit for construction, moving, alteration or change in the type of use or type of occupancy shall be accompanied by a written statement and plans, or plots, drawn to scale, showing the following in sufficient detail to enable the building official to ascertain whether the proposed work or use is in compliance with the provisions of this ordinance, the building code and other city ordinances.

9.5

The actual shape, location and dimensions of the lot or building plot with sufficient information to locate the plot on the ground.

9.6

The shape, size and location of all buildings, or other structures, to be erected[,] altered or moved and of any other buildings, or other structures, already on the plot.

9.7

The existing and intended use of the plot and all structures upon it.

9.8

Such information concerning the plot or adjoining lots or other matters as may be essential for determining whether the provisions of this ordinance and other ordinances are being observed.

9.9

If the proposed construction, moving, alteration, or use of the land as set forth in the application is in conformity with the provisions of this ordinance, the building official may issue a building permit.

9.10

Issuance of a building permit shall in no case be construed as waiving any provision of this ordinance or any other city ordinance.

9.11

The building official under no circumstances is permitted to grant an exception to the actual meaning of any clause, order or regulation contained in this ordinance to any person making application to construct, move, alter or use either building, structure or land.

9.12

The building official under no circumstances is permitted to make changes in this ordinance or to vary the terms of this ordinance in carrying out his or her duties as building official.

9.13

The building official shall issue a building permit when the imposed conditions of this ordinance are complied with by the applicant regardless of the effect of such a permit on contracts, such as deed covenants, deed restrictions, or private agreements.

9.14

If any application for such a building permit is not approved, the building official shall state in writing the cause for such disapproval.

9.15

Building permit required.

9.15.1

It shall be unlawful to begin the excavation for the construction, the moving, alteration or repair, except ordinary repair as defined in the building code, until the building official has issued for such work a building permit, in accordance with the requirements of the building code and which includes a certification of his or her determination that the proposed work conforms to the zoning ordinance.

9.16

Use permit, application.

The building official may receive applications for a building permit which cannot be approved under the general provisions of the zoning ordinance, but could be approved if a use permit were approved. In these cases, the applicant should be referred to the city engineer who will have the necessary application forms and will advise the applicant in this regard (Refer to sections 10 and 11).

9.17

Approval of building official.

Plans submitted with an application for a building permit shall be reviewed and approved by the building official as required in 7.8 [9.2].

9.18

Certificate of occupancy.

No building or structure authorized by a building permit shall be occupied and no change in occupancy of a building, part of a building or land shall be made until after the building official shall have issued a certificate of occupancy therefor. The certificate of occupancy shall not only state the information as required under the building code, but shall also state the occupancy authorized is in compliance with the zoning ordinance. Occupancy other than that authorized in the certificate of occupancy shall be unlawful.

9.19

Violations.

9.19.1

If the building official shall find or if any person files with him or her a complaint in writing alleging that any of the provisions of this ordinance are being violated, he or she shall immediately investigate and when necessary give written notice to the person responsible to cease such violations forthwith.

9.20

Written notice may be delivered in person or by certified mail to violator or to any person in charge of property where violation is occurring.

9.21

If the violation which is the subject of the notice delivered by the building official is not remedied within a reasonable time to be determined by the said official, then action shall be brought against the party or parties in violation pursuant to section 14 of this ordinance.

(Ordinance adopted 6/15/73)

§ 10 USE PERMITS.

10.1

Purpose.

A use permit is a document authorizing the existence of a nonconforming use, a conditional use, or a variance as these terms are herein defined. The issuance of a use permit may be prerequisite to the issuance of a building permit or certificate of occupancy but shall not alleviate the requirement for a building permit or certificate of occupancy where this requirement would otherwise exist.

A use permit is required for all nonconforming uses, all conditional uses, and for all variances. A use permit may have a specified time limitation attached and may impose conditions other than those which are specifically set forth in this ordinance.

10.2

Approval, responsibility.

10.3

The building official shall issue use permits for all nonconforming uses at the time of enactment of this ordinance and the building official may rescind a use permit for a nonconforming use upon cessation of the use of the building or land as set out in section 4.

10.4

The commission shall have the responsibility for the consideration of use permits for conditional uses as enumerated in 6.15 after public hearing as defined herein.

10.5

The board of adjustment may issue use permits for variances and may issue or revoke other use permits, all as set out in section 11.

10.6

Procedure.

10.6.1

Nonconforming uses.

In case of nonconforming uses in any district, at the time of enactment of this ordinance, it shall be the duty of the building official to investigate and document the existing use, the size and type of structure or land use, and to issue a use permit in accordance with the conditions set out in section 4. No application or filing fee is required.

Original has this as Subsection 10-C.1.

10.7

Conditional use.

In cases which may require a use permit for a conditional use (as enumerated in section 6.15) the commission may issue a use permit after application has been filed (on forms provided by the building official) and after a public hearing (filing fee required).

Editor’s note–At the request of the city, the specific dollar amount of the filing fee was removed from subsection 10.7 above. Fees can be found in appendix A to this code.

10.8

The application for use permit and fee shall be filed with the building official. Such application may be filed at the time of application for building permit or may be filed prior to such application for a building permit; however, it must be accompanied by a plot plan showing the proposed use of the land and buildings and must show the surrounding land use, in such detail as necessary to clarify the claims made in the application. The building official shall forward such information to the commission with his or her recommendation.

10.9

The building official shall give public notice by publication in a local newspaper at least fifteen (15) days prior to a date set for a public hearing before the commission and shall notify all property owners of record within two hundred (200) feet of the property in question at least ten (10) days prior to the date set for the public hearing by letter. The building official shall also give a report and recommendation to the commission on the date of the hearing.

10.10

The commission, after receipt of report and recommendation of the building official may permit a conditional use subject to appropriate conditions and safeguards, when, after public notice and hearing, the commission finds:

That the proposed use meets all the minimum standards established in this ordinance for this type of use;

That the proposed use is in harmony with the purpose and intent of this ordinance and that [with] the plan for physical development of the district as embodied in the comprehensive plan for development of the city; and

That the proposed use will not be detrimental to the health, welfare and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring property.

10.11

The commission may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this ordinance and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, suitable landscaping and additional improvements such as curbing and sidewalks.

10.12

Any person or persons, jointly or severally aggrieved by a decision of the commission, may present to the city council a petition, duly verified, setting forth that such decision is unjust, in whole or in part, specifying the grounds of injustice. Such petition shall be presented to the city council within ten (10) days after the final decision of the commission, and not thereafter.

10.13

Variances.

Use permits for variances may be issued only by the board of adjustment, in accordance with the requirements of section 11.

10.14

Recording.

One (1) copy of an approved use permit shall be delivered to the owner of the property, one (1) copy shall be filed in the office of the building official.

10.15

Development.

Following the issuance of a use permit the building official shall ensure that if the development is undertaken it is completed in compliance with said permit. However, if a use permit has not been used within six (6) months after the date granted, the permit is automatically cancelled which fact shall be noted over the signature of the building official on the file copies of the permit and the owner shall be so notified in writing.

(Ordinance adopted 6/15/73)

§ 11 BOARD OF ADJUSTMENT.

11.1

Creation of the board of adjustment.

The city council shall provide for the appointment of a board of adjustment and the regulations and restrictions adopted shall be pursuant to the provisions of applicable statutory requirements of the State of Texas. The board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of this zoning ordinance in harmony with its general purpose and intent and in accordance with general and specific rules herein contained.

11.2

Powers and duties.

The board of adjustment shall have the following powers:

11.3

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, interpretation, or determination made by the building official in the enforcement of this ordinance;

11.4

To interpret the intent of the zoning district map where uncertainty exists because the physical features on the ground vary from those on the zoning district map and none of the rules set forth in section 2 apply;

11.5

To hear and decide request for use permits for:

The substitution of one nonconforming use for another nonconforming use when the extent of the substituted use is found to be less detrimental to the environment than the first,

The enlargement of a building devoted to a nonconforming use where such extension is necessary and incidental to the existing use of such building and does not increase the area of the building devoted to a nonconforming use more than twenty-five (25) percent and does not prolong the life of the nonconforming use or prevent a return of such property to a conforming use,

The construction of a nonconforming structure or building on the lot or tract occupied by such building if the cost of reconstruction is less than sixty (60) percent of the appraised value of the structure or building and if the reconstruction would not prevent the return of such property to a conforming use or increase the nonconformity of such nonconforming structure or building;

11.6

To initiate on its motion, or cause to be presented by interested property owners, action to bring about the discontinuance of a nonconforming structure under any plan whereby full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance;

11.7

To authorize upon appeal variances of the yard, lot width, lot depth, signs, minimum setback, off-street parking or off-street loading regulations from the terms of this ordinance as will not be contrary to the public interest, where owing to unique and special conditions of the land not normally found in like districts a strict enforcement of the provisions of the ordinance by the building official would result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done.

11.8

Organization of the board.

The board of adjustment shall consist of five (5) members who are residents of the city and qualified voters. Each shall be appointed for a term of two (2) years, except that two (2) members appointed initially shall have terms of only one (1) year. After the initial appointments, two (2) members and a chairperson shall be appointed in even-numbered years, and two (2) members shall be appointed in odd-numbered years to maintain a membership of five (5) members.

Members shall be removable for cause by the city council upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. However, the city council may provide for the appointment of four (4) alternate members of the board of adjustment who shall serve in the absence of one (1) or more regular members when requested to do so by the mayor. All cases to be heard by the board of adjustment will always be heard by a minimum number of four (4) members. These alternate members, when appointed, shall serve for the same period as the regular members and any vacancies shall be filled in the same manner and shall be subject to removal as the regular members.

11.9

Rules and regulations.

The board [of adjustment] shall develop and adopt rules in accordance with the provisions of this ordinance. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. Such chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board (the office of the city secretary) and shall be a public record (filing fee required).

Editor’s note–Ordinance adopted October 19, 2015 added the filing fee to the fee schedule but did not specifically amend the zoning ordinance. At the request of the city, the filing fee mentioned in the section above was removed from the zoning ordinance and placed in the fee schedule provided in appendix A to the Code of Ordinances.

11.10

Appeals.

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, commission or committee of the city affected by any decision of the building official. Such appeal shall be made within thirty (30) days by filing with the building official and with the board of adjustment a notice of appeal specifying the grounds thereof. The building official shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

An appeal stays all proceedings in furtherance of the action appealed from, unless the building official certifies to the board of adjustment after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.

The board of adjustment shall hear the appeal within thirty (30) days or such extension as requested by the applicant, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

11.11

Revision of appealed decisions.

In exercising the above-mentioned powers such board [of adjustment] may, in conformity with the provisions of this ordinance, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the power of the building official from whom the appeal is taken.

11.12

Votes necessary.

The concurring vote of four (4) members of the board [of adjustment] shall be necessary to reverse any order, requirement, decision or determination of the building official, to decide in favor of the applicant on any variation in this ordinance.

11.13

Appeals from the board of adjustment.

Any person or persons or any taxpayer or any officer, department, board, commission or committee of the city, jointly or severally, aggrieved by any decision of the board of adjustment, may present to a court of record a petition, verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the board.

11.14

Public hearing and notice thereof.

The chairperson of the board [of adjustment] shall give public notice by publication in a local newspaper at least fifteen (15) days prior to a date set for a public hearing before the board and shall notify all property owners of record within two hundred (200) feet of the property in question at least ten (10) days prior to the date set for the public hearing by letter.

(Ordinance adopted 6/15/73)

§ 12 RESPONSIBILITY OF THE COMMISSION, BUILDING OFFICIAL, BOARD OF ADJUSTMENT, AND THE CITY COUNCIL.

12.1

It shall be the responsibility of the commission to hear all applications for zone changes and changes in the zoning ordinance, as prescribed by law and this ordinance, and to recommend action to the city council. The commission has authority to approve conditional uses under the provisions of section 6.15. The commission has no authority to approve variances from the requirements of this ordinance. Requests for variances shall be presented to the building official and if within the province of section 11.2, the request shall be sent forward to the board of adjustment for hearing.

12.2

The building official is charged with the interpretation of and the enforcement of this ordinance. Appeals from a decision of the building official shall be presented to the building official who shall forward such appeal with all pertinent information to the board of adjustment for hearing.

12.3

The board of adjustment shall hear and decide all questions on appeal from decisions of the building official and all other questions as provided in section 11.2, Powers and duties of the board of adjustment.

12.4

The city council has sole responsibility for changes in the zoning map and changes in the zoning ordinance. The city council shall not hear complaints of or decide questions of interpretation or enforcement that are reserved for the board of adjustment.

The city council shall also have the responsibility of appointing the planning and zoning commission and the board of adjustment.

(Ordinance adopted 6/15/73)

§ 13 AMENDMENTS.

13.1

Amendment procedure.

13.2

Statement of intent.

For the purpose of establishing and maintaining sound stable and desirable development within the territorial limits of the city, this ordinance shall not be amended except to correct error in the ordinance or, because of changed or changing conditions in a particular area or in the city generally, or to rezone an area, extend the boundary of an existing zoning district or to change the regulations and restrictions thereof, all in accordance with a comprehensive plan.

13.3

Amendment limitation.

Subject to the limitations of the foregoing statement of intent, an amendment to this ordinance may be initiated by:

City council on its own motion;

The planning and zoning commission; or

Petition.

13.4

Referral of amendment petition to commission.

The council, upon receipt [of a petition] to amend the ordinance, which has been examined and approved as to form by the city secretary, shall refer the same to the commission for study, hearing, and report. The council may not enact the proposed amendment until the commission makes its report to the council.

13.5

Action by the commission.

The commission shall cause a complete study to be made by the building official and the zoning commission, shall give public notice and hold a public hearing and shall recommend to the council such action as the commission deems proper.

13.6

Action by the council.

The city council shall give public notice and hold a public hearing before taking final action on a petition to amend this ordinance, or on amendment on its own initiation or initiation by the commission.

13.7

Public hearing and notice thereof.

13.8

A public hearing shall be held by the commission before making a report to the council, and a public hearing shall be held by the council before adopting any amendment to this ordinance. Notice of the public hearing shall be given by publishing such notice at least once in a newspaper of general circulation in the City of Schulenburg, stating the time and place of such hearing and the substance of the proposed amendment. This notice shall appear in said newspaper at least fifteen (15) days prior to the date set for the public hearing.

13.9

Notice of the proposed zoning change shall also be made by the building official by mailing notification by first-class mail to the person or firm to whom the property is assessed, and to all persons or firms to whom property within two hundred (200) feet of the proposed zoning change is assessed on the city tax rolls.

13.10

Effect of protest to proposed amendment.

In case a protest against any proposed amendment to this ordinance be presented in writing to the city secretary prior to the public hearing thereon duly signed by the owners of twenty (20) percent or more, either of the area of lots included in such proposed change, or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, such amendments shall not become effective except by the favorable vote of three-fourths of all members of the council.

13.11

Procedure for amendment petition.

13.12

Filing of application.

All petitions for amendments to this ordinance shall be in writing, signed, and filed in triplicate with the city secretary for presentation to the council (filing fee required).

Editor’s note–Ordinance adopted October 19, 2015 added the filing fee to the fee schedule but did not specifically amend the zoning ordinance. At the request of the city, the filing fee mentioned in section 13.12 above was removed from the zoning ordinance and placed in the fee schedule provided in appendix A to the Code of Ordinances.

13.13

Contents of petition.

All petitions for amendments to this ordinance, without limiting the right to file additional, shall contain at least the following:

13.14

The petitioner’s name, address, and interest in the petition, as well as the name, address and interest of every person having a legal or an equitable interest in the land covered by the petition.

13.15

The nature and effect of the proposed amendment.

13.16

If the proposed amendment would require a change in the zoning map, a fully dimensioned map showing:

The land which would be affected by the proposed amendment;

A legal description of such land;

The present zoning classification of the land;

The zoning classification of all abutting zoning districts; and