87-15-Ordinance-Adopting Zoning Regulations-08/03/1987ZONING ORDINANCE
CITY OF SANGER, TEXAS
Prepared with assistance from
GOVERNMENTAL SERVICE AGENCY, INC.
P.O. Box 280451
Dallas, Texas 75228
CITY OF SANGERF TEXAS
ZONING ORDINANCE
TABLE OF CONTENTS
Section l: Introduction .........................
Section 2: Purpose ..... .........
Section 3: Zoning Districts Established•.........
Section 4: Zoning District Map ..................
Section 5: Zoning District Boundaries ...........
Section 6: Temporary Zoning - Annexed
Territory ...... ...................
Section 7: Compliance Required .................
Section 8: "A" - Agricultural District ..........
Section 9: "SF-1" - Single Family
Residential - 1 ..................
Section 10: "SF-2" - Single Family
Residential - 2 .. ... ............
Section 11: "SF-3" - Single Family
Residential - 3 ..................
Section 12: "SF-4" - Single Family
Residential District - 4 ...........
Section 13: 'W" - Two-family Residential
(Duplex) District ..... ... .......
Section 14: "MF-1" Multi -family Residential
District - 1 0 0 . ........ .. 0 ......0
Section 15: "MF-2" - Multi -family Residential
District - 2 ........... 0 ...........
Section 16: "MH-1" - Mobile Home, Manufact-
ured Housing and Modular
Housing District ...................
Section 17: "MH-2" - Mobile Home Park
District ...........................
Section 18: "B-1" - Business District 1 ..........
Section 19: "B-2" - Business District 2 ..........
Section 20: 11B-3" - Central Business District.....
Section 21: 11I-1" - Industrial District ..........
Section 22: 11I-2" - Heavy Industrial ... ... .....
Section 23: "PD" - Planned Development District ..
Section 24: "H" - Historic District and Historic
Preservation........... ...........
Section 25: "FP" - Flood Plain District: Flood
Plain Prefix to District Designation .
Section 26: Use of Land and Buildings ............
Section 27: "SUP" - Specific Use Permit ..........
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1
2
5
6
7
7
8
10
12
14
15
17
19
21
25
27
29
31
32
36
40
45
i
Table of
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Contents cont a.
28:
29:
30:
31:
32:
33:
34:
350
36a
370
38:
39:
40:
41:
42:
43:
Off -Street Parking and
Loading Requirements .......
Special and Additional Regulations....
Accessory Building Regulations .......
Sign Regulations .....................
Platting Property Not Permanently
Zoned
Classification of New and
Unlisted Uses .... ...............
Creation of Building Site ............
Non -Conforming Uses and Structures ...
Planning and Zoning Commission .....
Zoning Board of Adjustment .........
Rules of Construction and
Special Definitions ..... ........
Building Permits and Certificates
of Occupancy .......................
Changes and Amendments to all Zoning
Ordinances and Districts and
Administrative Procedures ..........
Preserving Rights in Pending
Litigation ....... .................
Penalty for Violations 960060096069606
Validity, Severance and Conflict ...
Page
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ii
CITY OF SANGER, TEXAS
-- ORDINANCE N0.
AN ORDINANCE AMENDING IN ITS ENTIRETY THE
EXISTING ZONING ORDINANCE (NO. 1964-2) OF THE
CITY OF SANGER, TEXAS, AS AMENDED; PROVIDING
FOR ZONING IN THE CITY OF SANGER, TEXAS, AND
REGULATING THE SIZE AND USE OF BUILDINGS AND
LOTS THAT MAY BE OCCUPIED; ADOPTING A
CERTIFICATE OF OCCUPANCY AND REQUIRING
COMPLIANCE; PROVIDING FOR COMPLETION OF
BUILDINGS UNDER CONSTRUCTION, ZONING DISTRICT
- BOUNDARIES, AND CHANGES AND AMENDMENTS;
PROVIDING FOR NON -CONFORMING LOTS AND
STRUCTURES; PROVIDING FOR A PENALTY FOR
- VIOLATION; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING FOR A BOARD OF ADJUSTMENT; PROVIDING
FOR CONVERSION OF EXISTING ZONING CATEGORIES
TO NEW CATEGORIES; PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF SANGER, TEXAS:
SECTION 1
1.1 That the Zoning Ordinance of the City of Sanger, Texas,
(Ordinance No. 1964-2) as passed and approved on February 3,
1964, together with all subsequent amendments thereto, is
hereby amended in its entirety to read as follows:
SECTION 2
PURPOSE
2.1 Zoning Regulations and Districts are herein established in
_ accordance with a comprehensive plan for the purpose of pro-
moting the health, safety, morals and general welfare of the
City. They are designed to lessen congestion in the streets;
to secure safety from fire, panic and other dangers; to pro-
- vide adequate light and air; to prevent the overcrowding of
land, to avoid undue concentration of population; to facili-
tate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements. They
have been established with reasonable consideration, among
other things, for the character of each district, and its
1
peculiar suitability for the particular uses
with a view to conserving the value of
encouraging the. most appropriate use of land
City.
SECTION 3
ZONING DISTRICTS ESTABLISHED
specified; and
buildings. and
throughout the
3.1 The City of Sanger, Texas, is hereby divided into zoning
districts as listed in this section.
ABBREVIATED
DESIGNATION ZONING DISTRICT NAME
A Agricultural District
SF-1 Single Family Residential - 1
5F-2 Single Family Residential - 2
SF-3 Single Family Residential - 3
SF-4 Single Family Residential - 4
2F'' Two Family Residential District
MF-1 Multi -Family Residential
trict, Low Density
MF-2 Multi -Family Residential
trict, High Density.
MH-1 Mobile Home District
MH-2 Mobile Home Park District
B-1 Business District - 1
B-2 Business District - 2
B-3 Central Business District
I-1 Industrial District, Light
I-2 Industrial District, Heavy
PD Planned Development District
H Historic District
FP Floodplain
SUP Specific Use Permit
Fa
.on and Purpose of Zonin Districts
- A. Agricultural District: This district provides for the
continuance of farming, ranching and gardening activi-
ties on land now utilized for these purposes. When land
in the "A" category is needed for urban purposes, it is
anticipated the zoning will be changed to the, Appro-
priate zoning categories to provide for orderly growth
and development in accordance with the Comprehensive
Plan.
Once land in an "A" category has been placed into
another district, the intent of this ordinance is that
such land shall not be changed back to an "A" category
by any subsequent request for a change.
SF-1.Single Family Residential District: This district
will permit a 20,000 square foot minimum residential
lot. Density in this district will be no -greater than 2
units per gross acre.
SF-2.Single Family Residential District: This district will
permit a 10,000 square foot minimum residential lot.
Density in this district will range from 2.5 to 3.0
units per gross acre,
provides for a minimum residential building site of
8,500 square feet. Density in this district will range
from 3.5 to 3.0 units per gross acre. Development in
this district will have density and development
characteristics similar to those now existing in most
platted subdivisions.
SF-4.Single Family Residential District: The SF-4 district
provides for a minimum residential building lot of 6,500
square feet. Density in this district will range from
4.5 to 4.0 units per gross acre. Single family attached
developments, such as patio, courtyard or cluster homes,
which seek minimum lot area requirements less than the
SF-4 district, are to be placed under the Planned
Development District.
2F. Two Family Residential District: The 2F dwelling
district is provided for the purpose of permitting tran-
sitional or buffer residential development. This
district shall be used only for two family structures.
3
MF-l.Multip
MF-1 d
sities
MF-2.Multi
MF-2 d
s'ties
le Family Dwellin
District - Low Density:
strict permits multi -
not to exceed ten (10)
le Fami1
istrict
not to
amily developments o
units per acre.
The
den-
y Dwelling District - High Density: The
permits multi -family developments of den -
exceed fifteen (15) units per acre,.,
MH-1 Mobile Home District:
area for the placement
units in subdivisions
modular home units ar
this district will be
pistrict.
The MH-1 district provides an
of mobile home and 'modular home
Ln which most lots and mobile and
s owner -occupied. Densities in
comparable to that of the "5F-4"
MEi-2 Mobile Home District; The MH-2 district establishes a
category in which mobile home park development with a
density of approximately five (5) units per gross acre
can occur.
B-1. Business District: Retail,, commercial and office uses
developed under the standards of the B-1 District are
designed to provide a compatible relationship between
the B-1 development and adjacent residential areas.
B-2. Business District: Uses which
space for display, sales or open
nature of the use is generally not
in the B-1 District are located
District.
require considerable
storage, or by the
compatible with uses
in the B-2 Business
B-3. Central Business District: The Central Business
District is established to accommodate the unique needs
and role of the historically commercial center of the
community. The B-3 district includes zero lot line
development, on -street parking and diversity of uses not
present in other business districts.
I-l. Light Industrial District: The Light Industrial
District is established to accommodate uses of a non -
nuisance type located in relative proximity to residen-
tial and B-1 business areas. Development in the I-1
district is limited primarily to certain wholesale,
jobbing, and warehouse uses and certain specialized
manufacturing and research uses of a type which will not
create nuisances.
I-2. Heavy Industrial District: The Heavy Industrial
District is established to accommodate industrial uses
not appropriate for inclusion in the I-1 district and
likely to create noise, traffic, odor and/or other con-
ditions incompatible with most residential and commer-
cial uses.
PD. Planned Development District: The Planned Development
District provides a zoning category for the planning and
development of larger tracts of land or tracts of land
with unique characteristics for a single or combination
of uses requiring flexibility and variety in design to
achieve orderly development with due respect to the pro-
tection of surrounding property.
H. Historic District: The Eistoric Districtis established
to accommodate and encourage the preservation and
reconstruction of areas and structures having
outstanding historical and/or cultural significance in
the state, region or community. Standards for the
district include regulations regarding permitted uses,
expansion, restoration, and other features which are
unique to the Historic District.
FP. Flood Plain District: Zoning Districts located in flood
hazard areas which are subject to periodic inundation
may be preceded by the prefix FP, indicating a sub-
district. Areas designated FP may be used only for
those uses listed in the provisions of Section 25 until
the area or any portion thereof located in FP sub-
district has been approved by the City Council.
Approval shall only be given after engineering studies
determine that the area or any portion thereof is
suitable for uses in the district and building construc-
tion or development would not create an obstruction to
drainage nor a hazard to life or property and that such
- construction is not contrary to the public interest.
SECTION 4
ZONING DISTRICT MAP
4.1 THE BOUNDARIES OF THE ZONING DISTRICTS SET OUT HEREIN ARE
DELINEATED UPON THE ZONING DISTRICT MAP OF THE CITY OF
SANGER, TEXAS, SAID MAP BEING HEREBY ADOPTED AS A PART OF
THIS ORDINANCE AS FULLY AS IF THE SAME WERE SET FORTH HEREIN
IN DETAIL.
Two (2) original, official and identical copies of the Zoning
District Map are hereby adopted bearing the signature of the
Mayor and attestation of the City Secretary and shall be
filed and maintained as follows:
a. One copy shall be filed with the City Secretary, to be
retained as the original record and shall not be changed �
in any manner.
b. One copy shall be filed with the Building Official and
shall be maintained up-to-date by posting thereon all
changes and subsequent amendments for observation in
5
issuing building permits, certificates of occupancy and
compliance and for enforcing the Zoning Ordinance. .
c. Reproductions for information purposes may from time to
time be made of the official Zoning District Maps. The
map may be updated as individual zoning requests are
approved.
SECTION 5
ZONING DISTRICT BOUNDARIES
5.1 THE DISTRICT BOUNDARY LINES SHOWN ON THE ZONING DISTRICT MAP
ARE USUALLY ALONG STREETS, ALLEYS, PROPERTY LINES OR
EXTENSIONS THEREOF. WHERE UNCERTAINTY EXISTS AS TO THE
BOUNDARIES OF DISTRICTS AS SHOWN ON THE OFFICIAL ZONING MAP,
THE FOLLOWING RULES SHALL APPLY:
- 5.2 Boundaries indicated as approximately following streets,
highways or alleys shall be ,construed to follow the cen-
terline of such street, highway or alley.
5.3 Boundaries indicated as approximately following platted lot
lines shall be construed as following such lines.
5.4 Boundaries indicated as approximately following city limits
shall be construed as following city limits.
-- 5.5 Boundaries indicated as following railroad or utility lines
shall be construed to be the centerline of the right-of-way
or if no centerline is established, the boundary shall be
interpreted to be midway between the right-of-way lines.
5.6 Boundaries indicated as approximately following the cen-
terlines of streams, drainageways or other bodies of water
shall be construed to follow such centerlines.
5.7 Boundaries indicated as parallel to or extensions of features,
indicated in 5.1 through 5.6 above shall be so construed.
Distances not specifically indicated on the original Zoning
Map shall be determined from the graphic scale on the map.
5.8 Whenever the street, alley or other public way is vacated by
official action of the City Council, or whatever street or
alley area is franchised for building purposes, the zoning
district line adjoining each side of such street, alley or
other public way shall be automatically extended to the cen-
terline of such vacated street, alley or way, and all areas
so involved shall then and henceforth be subject to all regu-
lations of the extended districts.
}
5.9 Where physical features of the ground are at variance with
information shown on the official zoning district map, or if
there arises a question as to how a parcel of property is
zoned and such question cannot be resolved by the application
of sub -sections 5:1 through 5.$ or the zoning of property is
invalidated by a final judgment of a court of competent
jurisdiction, the property shall be considered as classified
"A", Agricultural District, temporarily. In an area deter-
mined to be temporarily classified as "A", Agricultural
District, no person shall construct, add to or alter any
building or structure or cause the same to be done; nor shall
any use be located therein or on the land which is not per-
mitted in an "A" District, unless and until such territory
has been zoned to permit such use by the City Council.
SECTION 6
TEMPORARY ZONING - ANNEXED TERRITORY
6.1 ALL TERRITORY HEREAFTER ANNEXED TO THE CITY OF BANGER SHALL
BE TEMPORARILY CLASSIFIED AS "A", AGRICULTURAL DISTRICT,
UNTIL PERMANENT ZONING IS ESTABLISHED BY THE CITY COUNCIL OF
THE CITY OF BANGER. THE PROCEDURE FOR ESTABLISHING PERMANENT
ZONING ON ANNEXED TERRITORY SHALL CONFORM TO THE PROCEDURE
ESTABLISHED BY LAW FOR THE ADOPTION OF ORIGINAL ZONING
REGULATIONS.
6.2 In an area
District:
temporarily classified as "A", Agricultural
a. No person shall erect, construct or proceed or continue
with the erection or construction of any building or
structure or cause the same to be ,done in any newly
annexed territory to the City of Sanger without first
applying for and obtaining a building permit or cer-
tificate of occupancy from the building official or the
City Council as may be required.
b. No permit for the construction of a building or use of
land shall be issued by the Building Official other than
a permit which will allow the construction of a building
permitted in the "A", Agricultural District, unless and
until such territory has been classified in a zoning
district other than the "A", Agricultural District, by
the City Council in the manner prescribed by the law.
SECTION 7
COMPLIANCE REQUIRED
7.1 ALL LAND, BUILDINGS, STRUCTURES OR APPURTENANCES THEREON
LOCATED WITHIN THE CITY OF BANGER, TEXAS, WHICH ARE HEREAFTER
OCCUPIED, USED, ERECTED, ALTERED, REMOVED, PLACED, DEMOLISHED
OR CONVERTED SHALL BE OCCUPIED, USED, ERECTED, ALTERED,
REMOVED, PLACED, DEMOLISHED OR CONVERTED IN CONFORMANCE WITH
THE 'CONING REGULATIONS PRESCRIBED FOR TEIE ZONING DISTRICT IN
WHICH SUCH LAND OR BUILDING IS LOCATED AS HEREINAFTER
PROVIDED.
SECTION 8
"A" - AGRICULTURAL DISTRICT
General Purpose and Descri tion - This district is intended to
apply to land situated on the fringe of ah urban area and used
for agricultural purposes, which may become an urban area in the
future. Generally, the land in an "A" Agricultural District may
be appropriate for development; therefore, the agricultural acti-
vities conducted in the "A" Agricultural District should not be
detrimental to urban land uses. The types of uses and the area
and intensity of use permitted in this district are intended to
encourage and protect agricultural uses until urbanization is
warranted and the appropriate change in district classification
is made.
8.1 Permitted Uses - A building or premise shall be used only for
the following purposes:
1. Single-family dwellings on building lots of two (2)
acres or more in areas where said dwellings can be ade-
quately served by city utilities or septic tanks located
on the building lot.
2. All general and special
stables and related
poultry raising, dairy
as same do not cause
unsanitary conditions,
agricultural, farming, ranching,
accessory buildings, stock and
and other related uses so long
a hazard to health by reason of
are not offensive by reason of
odors, dust, fumes, noise or vibrations, and are not
otherwise. detrimental to the public welfare.
3. Public buildings, including libraries, schools,
churches, museums, and auditoriums, police and fire sta-
tions, parks and similar public uses or facilities.
4. Telephone exchange, provided no public business and no
repair or outside storage facilities are maintained, gas
lines and regulating stations, electrical lines, local
utility lines.
_ 5. Accessory buildings and structures
the above. operations, including
barns, stables, equipment sheds,
garages, pump houses, and servants
clearly incidental to
but not limited to
granaries, private
quarters not for
�'3
rent, provided that accessory buildings and structures
shall be limited to fifty (50) percent of the gross .land
area.
5. Temporary metal buildings less than six hundred (600)
square feet which are used for tool and supply storage.
6. Greenhouse, green nursery and general gardening activi-
ties.
7. Riding academy or other equestrian related activities.
8. Other uses as listed in Section 26 of this ordinance.
_ The following specific uses shall be permitted in the "A"
Agricultural District, when granted in accordance with Sec-
tion 27:
1. Uses as listed in Section 26 of this ordinance.
8.2 Height Regulations: No building shall exceed thirty (30) feet
in height.
8.3 Area Regulations:
1. Size of Yards
a. Front Yard: There shall be a front yard of not less
than fifty (50) feet as measured from the front
property line.
b. Side Yard: There shall be a side yard of not less
than fifteen (15) percent of the width of the lot
or fifty (50) feet, whichever is less.
c. Rear Yard: There shall be a rear yard of not less
than twenty-five (25) feet for main structure and
ten (10) feet for accessory buildings.
2. Size of Lot:
a. Lot Area: No lot shall have an area of less than
two (2) acres.
b. Lot Width: No lot shall have a lot width of less
than one hundred fifty (150) feet.
c. Lot Depth: No lot shall have a lot depth of less
than two hundred (200) feet.
3. Minimum Dwelling Size: The minimum floor area of any
dwelling shall be eleven hundred (.1100) square feet
exclusive of garages, breezeways and porches.
4. Lot Coverage: In no case shall more than fifteen (15)
percent of the total area of the lot be covered b�c the
combined area of the main buildings and accessory
buildings.
8.4 Parking Regulations: Two (2) covered spaces behind the front
yard line for single family dwelling units. Other off-street
parking spaces shall be provided in accordance with the
requirements for specific uses set forth in Section 28.
SECTION 9
"5F-1" - SINGLE FAMILY RESIDENTIAL DISTRICT -1
General Purpose and Descri tion - This district -is intended to
provide for larger lots with associated large single family resi-
dential dwellings and associated structures. Such districts will
usually be located in relatively .remote areas, separated from
heavy traffic and .major thoroughfares. This district is also
appropriate in areas of environmental sensitivity and/or uneven
topography and as a buffer between areas expected to remain in
_ agricultural use for an extended period of time and areas
expected to experience residential development. Density in this
district will be no greater than two (2) units per gross acre.
9.1 Permitted Uses: A building or premise shall be used only for
the following uses;
1. Single-family dwellings, detached.
2. Farms, nurseries, greenhouses or truck gardens, limited
to the propagation and cultivation of plants, provided
no retail or wholesale business is conducted on the pre-
mises.
3. Parks, playgrounds, and other public recreational facil-
ities owned and/or operated by the municipality or
other public agency.
4. Real estate sales offices during the development of
residential. subdivisions, but not to exceed two (2)
years.
5. Temporary buildings for uses incidental to construction
work on the premises, which said buildings shall be
removed upon the completion or abandonment of construc-
tion work. The building official shall determine the
appropriate time period for use on the site.
6. Accessory buildings and uses, customarily incident to
the above uses and located on the same lot therewith,
not involving the conduct of a retail business except as
provided below, subject to the following provisions:
10
it PY
a. The term accessory use shall include customary home
occupations as herein defined. ,
b. Accessory buildings, including a private garage and
bonafide servants quarters, not for rent but for
the use of servants employed on the premises, shall
be located not less than sixty (60) feet from the
front lot line, nor less than ten (10) feet from
either side line, provided said accessory building
shall not occupy more than fifty (50$) percent of
the minimum required rear yard in the case of a
one-story building.
c. When the accessory building is directly attached to
the main building it shall be considered an
integral part of the main buildings. When the
accessory building is attached to the main building
by a breezeway, the breezeway is considered a part
of the accessory building.
d. The term accessory building shall include temporary
metal buildings less than four hundred (400) square
feet which are used for tool and supply storage.
7. Other uses as listed in Section 26 of this ordinance.
The following specific uses shall be permitted in the "SF-1"
district, when granted in accordance with Section 27:
1. Non-commercial stable as an accessory, used for the
housing of animals owned by the resident and set back
from adjacent property lines a minimum distance of one
hundred (100 ) feet. An area of one and one half (1.5 )
acre shall be required for each animal.
2. Privately owned and maintained recreation areas.
3. Other uses as listed in Section 26 of this ordinance.
9.2 Height Regulations: No buildings shall exceed thirty (30)
feet in height. Accessory buildings or uses shall be a maxi-
mum of fifteen (15 ) feet.
9.3 Area Regulations:
1. Size of Yards
a. Front Yard: There shall be a front yard having a
depth of not less than thirty (30) feet as measured
11
from the front property line. Where lots have
double frontage, running through from one street to
another, the required front yard shall be provided
on both streets. No required parking shall be
allowed within the required front yard. There
shall be a sixty (60) foot front yard setback
(minimum) for all accessory buildings or uses.
b. Side Yard: There shall be a side yard on each side
of the lot having a width of not less than fifteen
(15) feet. A side yard adjacent to a side street
shall not be less than twenty-five (25) feet. No
side yard for allowable non-residential uses shall
be less than twenty-five (25) feet. Minimum side
yard for accessory uses shall be ten (10) feet from
the property line.
c. Rear Yard: There shall be a rear yard with a depth
of not less than twenty-five (25) feet. Minimum
rear yard for accessory buildings shall be not less
than ten (10) feet from the property line.
2. Size of Lot:
a. Lot Area: No building shall be constructed on any
lot of less than twenty thousand (20,000) square
feet.
b. Lot Width: One hundred (100) feet, minimum.
c. Lot Depth: One hundred twenty (120) feet, minimum.
3. _Minimum Dwelling Size: The minimum floor area of any
dwelling shall be one thousand eight hundred (1800)
square feet, exclusive of garages, breezeways and porches.
- 4. Lot Coverage: In no case shall more than twenty-five
(25�) percent of the total lot area be covered by the
area of the main building. A maximum total of forty
(40�) percent may be covered by the main building,
accessory buildings, driveways and parking.
9.9 Parking Regulations: Not less than two (2) covered, enclosed
parking spaces shall be provided behind the front yard line.
Offstreet parking spaces shall be provided in accordance with
the requirements for specific uses set forth in Section 28.
SECTION 10
"SF-2" - SINGLE FAMILY RESIDENTIAL DISTRICT -2
General Purpose and Description - This district is intended to
provide for low density, traditional single family residential
development. This district is appropriate as a buffer between
higher density residential uses and agricultural and/or estate
type residential areas. Densities in this district will range
from 2.5 to 3 units per gross acre. .
10.1 Permitted Uses: A building or premise shall be used only
for the following purposes:
1. Any use permitted in the SF-1 district, except farm and
farm accessory building uses.
2. Other uses. as listed in Section 26 of this ordinance.
The following specific uses shall be permitted in an "SF-2"
district, when granted in accordance with Section 27.
1. Uses as listed in Section 26 of this ordinance.
10.2 Height Regulations: No building shall exceed thirty (30)
feet in height. Accessory uses of buildings shall be a
maximum of fifteen (15) feet.
10.3 Area Regulations
1. Size of Yards:
a. Front Yard: There shall be a front yard having a
depth of not less than twenty-five (25) feet as
measured from the front property line. Where lots
have double frontage, running through from one
street to another, the required front yard shall be
provided on both streets. No required parking
shall be allowed within the required -front yard. A
sixty (60) foot setback, from the property line, is
required for all accessory buildings.
b. Side Yard: There shall be a side yard on each side
of the lot having a width of not less than ten (10)
feet. A side yard adjacent to a side street shall
be not less than twenty (20) feet. No side yard
for allowable non-residential uses shall be less
than twenty-five (25) feet..
c. Rear Yard: There shall be a rear yard having a
depth of not less than twenty-five (25) feet.
Minimum rear yard for accessory buildings shall be
not less than ten (10) feet,
2. Size of Lot:
a. Lot Area: No building shall be constructed on any
lot of less than ten thousand (10,000) square feet. �
b. Lot Width : No lot shall have a lot width of less
than eighty (80) feet.
c . Lot Depth : No lot shall have a lot depth of less
than one hundred twenty (120) feet.
13
3. Minimum Dwelling Size: The minimum floor area of any
dwelling shall be fifteen hundred (1500) square feet,
exclusive of garages, breezeways and porches.
4. Lot Coverage: In no case shall more than forty percent
(40�) of the total lot area be covered by the area of
the main buildings. A maximum of sixty percent (.60�) of
the total lot may be covered by accessory buildings,
driveways and parking.
10.4 Parking Regulations: A minimum of two (2) covered, enclosed
spaces shall be provided behind the front yard line. Off-
_ street parking spaces shall be provided in accordance with
the requirements for specific uses set forth in Section 28.
SECTION 11
"SF-3" - SINGLE FAMILY RESIDENTIAL DISTRICT-3
General Purpose and Description - •This district is designed to
accommodate the standard single family residential development of
_ the type and density most commonly found in the city. This
district is appropriate as a buffer between multi -family residen-
tial areas and lower density single family residential areas.
The district can also be appropriately located in proximity to
-- certain neighborhood of local retail and office uses. Densities
in this district will range from 3 to 3.5 units per gross acre.
11.1 Permitted Uses: A building or premise in an "SF-3" District
shall be used only for the following purposes:
1. Any use permitted in the "SF-1" District or "SF-2"
District.
2. Other uses as listed in Section 26 of this ordinance.
The following specific uses shall be permitted in an "SF-3"
_ District, when. granted in accordance with Section 27:
1. Uses as listed in Section 26 of this ordinance.
11.2 Height Regulations: No building shall exceed thirty (30)
feet in height. Accessory uses shall be a maximum of fif-
teen (15) feet in height.
11.3 Area Regulations:
1. Size of Yards:
a. Front Yard: There shall be a front yard having a
depth of not less than twenty-five (25) feet as
- measured from the front building line. Where lots
� �
have double frontage, running through one street to
another, the required front yard shall be provided
on both streets. No required parking shall be
allowed within the required front yard. A sixty
(60) foot setback is required for all accessory
uses.
b. Side Yard: There shall be a side yard on each side
of the lot having a width of not less than eight
(a) feet. A side yard adjacent to a side street
shall be not less than twenty (20) feet. No side
yard for allowable non-residential uses shall be
less than twenty-five (25) feet.
c. Rear Yard: There shall be a rear yard with a depth
of not less than twenty-five (25) feet. Minimum
rear yard for accessory buildings shall be not less
than ten (10) feet.
2. Size of Lot:
a.
Lot
Area:
lot of less
square feet,
No building
than eight
shall be constructed on any
thousand five hundred (8500)
b. Lot Width: The width of the lot shall be not less
than sixty (60) feet at the front street building
line.
c. Lot Depth: The average depth of the lot shall be
not less than one hundred (100) feet.
3. Minimum Dwelling Size: The minimum floor area of any
dwelling shall be one thousand two hundred (1200) square
feet, exclusive of garages and breezeways and porches.
4. Lot Coverage: In no case shall more than forty percent
(40�) of the total lot area be covered by the main
building. No more than sixty percent (60�) of the total
lot may be covered by the main structure, accessory
buildings, driveways and parking.
11.4 Parking Regulations: A minimum of two (2) covered, enclosed
parking spaces shall be provided per unit behind the front
yard line. Off-street parking spaces shall be provided
in accordance with the requirements for .specific uses set
forth in Section 28.
SECTION 12
"SF-4 - SINGLE FAMILY RESIDENTIAL DISTRICT-4
General Purpose and Description: This district is designed to
accommodate single .family residential development of somewhat
15
higher density than is most commonly found in the city. This
district is appropriate as a buffer between multi -family residen-
tial areas or even commercial areas and lower density single
family residential areas. Densities in this district will range
from 3.5 to 4.5 units per gross acre.
12.1 Permitted Uses: A building or premise in the,.,"SF-4"
District shall be used only for the following purposes:
1. Any use permitted in the "SF-3" District.
2. Other uses as listed in Section 26 of this ordinance.
The following specific uses shall be permitted in an "SF-4"
District when granted in accordance with Section 27:
1. Uses as listed in section 26 of this ordinance.
12.2 Height _Regulations: No building shall exceed thirty (30)
feet in height. Accessory uses shall be a maximum of fif-
teen (15) feet in height.
12.3 Area Regulations:
1. Size of Yards:
a. Front Yard: There shall be a front yard having a
depth of not less than twenty-five (25) feet as
measured from the front building line. Where lots
have double frontage, running through one street to
another, the required front yard shall be provided
on both streets. No required parking shall be
allowed within the required front yard. A sixty
(60) .foot setback is required for all accessory
uses.
b. Side Yard: There shall be a side yard on each side
of the lot having a width of not less than eight
__ (8) feet. A side yard adjacent to a side street
shall be not less than twenty (20) feet. No side
yard for allowable non-residential uses shall be
less than twenty-five (25) feet,.
c. Rear Yard: There shall be a rear yard with a depth
of not less than twenty-five (25) feet. Minimum
rear yard for accessory buildings shall be not less
than ten (10) feet.
2. Size of Lot:
a. .Lot Area: No building shall be constructed on any
lot of less than six thousand five hundred (6500)
square feet.
b. Lot Width: The width of the lot shall be not less
than sixty (60) feet at the front street building
line.
c. Lot Depth: The average depth oL- the lot shall be
not less than one hundred (1.00) feet.
3. Minimum Dwelling Size: The minimum floor area of any
dwelling shall be one thousand (1000) square feet,
- exclusive of garages and breezeways and porches.
4. Lot Coverage: In no case shall more than forty percent
(40%) of the total lot area be covered by the main
building. No more than sixty percent (60%) of the total
lot may be covered by the main structure, accessory
buildings, driveways and parking.
12.4 Parking Regulations: A minimum of two (2) covered, enclosed
parking spaces shall be provided per unit behind the front
- yard line. Off-street parking spaces shall be provided
in accordance with the requirements for specific uses set
forth in Section 28.
SECTION 13
"2F" TWO-FAMILY RESIDENTIAL (DUPLEX) DISTRICT
General Purpose and Description: The "2F" district is intended
to provide the opportunity for development which is two-family
(duplex) in character, but which encourages individual ownership
of each dwelling unit. The typical duplex lot is divided from
front to back, thus encouraging the sale of each dwelling unit,
together with the land upon which it is situated, to the occu-
pant.
13.1 Use Regulations: A building or premise shall be used for
only the following purposes:
1. Two-family residence (duplex).
2. Other uses as listed in Section 26 of this ordinance.
The following specific uses shall be permitted in a "2F"
District when granted in accordance with Section 27:
1. Uses as listed in Section 26 of this ordinance.
_ 13.2 Height Regulations: No building shall exceed thirty (30)
feet in height. Accessory buildings shall not exceed
teen (15) feet in height.
13.3 Area Regulations:
17
1.
2.
3.
4.
Size of Yards:
a. Front Yard: There shall be a front yard having a
required depth of not less than twenty-five (25)
feet as measured from the front property line.
Accessory buildings shall have a setback of sixty
(60) feet or greater. .
b. Side Yard: There shall be a side yard on each side
of a structure of not less than eight (8) feet. A
side yard adjacent to a side street shall be not
'less than twenty (20) feet. No side yard for
allowable nonresidential uses shall be less than
twenty-five (25) feet.
c.
depth
Minimu
be less
Rear Yard: There shall be a rear yard having a
of not less than twenty-five (25) feet.
m rear yard for accessory buildings shall not
than ten (10) feet.
Size of Lot: ,
a. Lot Area: No building shall be constructed on any
lot of less than eight thousand five hundred (8500)
square feet or four thousand two hundred fifty
(4250) square feet per unit.
b. Lots in the 2F District must be platted in pairs
such that a duplex unit may be placed on each pair
of lots. The subdivision plat shall designate the
pairs of lots and which lot lines are to be outside
lot lines of each pair. There shall be only one
dwelling unit per lot, and no dwelling unit shall
cross a lot line. No single-family detached
dwelling may be constructed on one of the
designated pair of lots.
c. Lot Width: The width of the lot shall be deter-
mined by the construction width of individual
dwelling units or dwelling units considering side
yards as required above, but in no case shall the
width of a pair of lots be less than sixty-five
(65) feet.
d. Lot Depth: The average depth of the lot shall be
not less than one hundred (100) feet.
Minimum Dwelling Size: Each dwelling unit shall be not
less than nine hundred (900) square feet, exclusive of
garages and porches and breezeways.
Lot Coverage: In no case shall more than forty percent
(40�) of the total lot area be covered by the combined
area of the main building. Accessory bungs, drive-
ways and parking may account for an additional twenty
percent (20%) of the total lot area.
13.4 Parking Regulations: One (1) covered and enclosed off-
street parking space per unit behind the front yard line is
required. Off-street parking spaces shall be provided in
accordance with the requirements for specific uses set forth
in Section 28,
SECTION 14
"MF-1"-MULTI-FAMILY RESIDENTIAL DISTRICT -
General Purpose and Description: The "MF-1" District is intended
to provide for medium d�
district functions as a
streets, non-residential
areas and_ lower density
district is not to exceed
�nsity residential development. This
buffer or transition between major
areas or higher density residential
residential areas. Density in this
ten (10) units per acre.
14.1 Use Regulations: A building or premise shall be used only
for the following purposes:
1. Three (3) or more single family attached dwelling units,
provided that no more than seven (7) dwelling units are
attached in one continuous row or group and provided
that no dwelling unit is constructed above another unit.
2. Multi -family dwelling.
3. Other uses as listed in Section 26 of this ordinance.
The following specific uses shall be permitted when granted
in accordance with Section 27:
1. Uses as listed in Section 26 of this ordinance.
14.2 Height Regulations: No building shall exceed thirty-five
(35) feet in height.
14.3 Area Regulations:
1. Size of Yards:
a. Front Xard: There shall be a front yard having a
required depth of not less than twenty-five (25)
feet as measured from the front property line.
19
b. Side Yard: There shall be a side yard on each side
of. a .continuous row or group of dwellings of. not
less than ten (10) feet. A side yard adjacent to a
side street shall not be less than twenty (20)
feet. There shall be ten (10) feet separation bet-
ween buildings without openings and fifteen (15)
feet between buildings with openings. No side yard
for allowable non-residential uses shall be less
than twenty-five (25) feet. If a side yard is
adjacent to a single family zoning district there
shall be a total of sixty (60) feet setback from
the adjacent building line for buildings in excess
of one (1) story in height.
c. Rear Yard: There shall be a rear yard with a depth
of not less than twenty (20) feet.
2. Size of Lot:
a. Lot Area: No building shall be constructed on any
lot less than three thousand (3000) square feet, or
equivalent thereof , per dwelling unit, not to
exceed ten (10) units per gross acre.
b. Lot Width: The width of a lot shall be not less
than twenty-four (24) feet at any point for a
single family attached unit and eighty (80) feet
as measured along the front building line for a
multi -family unit.
c. Lot Depth: The depth of a lot shall be not less
than one hundred twenty (l20) feet at any point.
3. Minimum Dwelling Size: The minimum floor area of any
single family attached dwelling unit shall be one
thousand (1000) square feet, exclusive of garages,
breezeways and porches. The minimum floor area of a
multi -family unit shall be seven hundred fifty (750)
square feet per unit.
4. Lot Coverage: In no case shall more than forty percent
(40�) of the total lot area be covered by the combined
area of the main buildings and accessory buildings.
14.4 Parking Regulations: Two and one-half (2.5.) off-street
parking spaces shall be provided per unit. Required parking
may. not be provided within the required front yard. Off-
street parking spaces shall be provided in accordance with
the requirements set forth in Section 28.
14.5 Refuse
complex
Facilities: Every dwelling unit in a multi -family
shall be located within two hundred fifty (250) feet
of a refuse facility, measured along the designed pedestrian
and vehicular travel way. There shall be available at all
20
CITY SECRETARY
ORIGINAL Copy
times at least six (6) cubic yards of refuse container per
thirty (30) multi -family dwelling units. For complexes with
less than thirty (30) units, no less than four (4) cubic
yards of refuse container shall be provided. Each refuse
facility shall be screened from view on three sides from
persons standing at ground level on the site or immediately
adjoining property, by an opaque fence or wall of wood or
masonry not less than six (6) feet nor more than eight (8)
feet in height or by an enclosure within a building. Refuse
containers shall be provided and maintained in a manner to
satisfy city public health and sanitary regulations. Each
refuse facility shall be located so as to provide safe and
convenient pickup by refuse collection agencies.
14.6 Border fencing of wood or masonry of not less than six (6)
feet in height shall be installed by the builder at the time
of construction of any multi -family complex, along the pro-
perty line on any perimeter not abutting a public street or
right-of-way. This fence shall be maintained throughout the
existence of the multi -family unit by the owner of the
unit.
14.7 Each residential unit in a multi -family dwelling shall have
at least two (2) points of entry or exit.
SECTION 15
"MF-2"-MULTI-FAMILY RESIDENTIAL DISTRICT-2
General Purpose and DE
Residential District is a
to provide for the highest
teen (15) units per acre.
cent to a major street
between retail/commercial
and medium or low density
ascription: The MF-2 Multi -family
residential attached district intended
residential density not to exceed fif-
The district is usually located adja-
and serves as a buffer or transition
development or heavy automobile traffic
residential development.
15.1 Use Regulations: A building or premise in the MF-2 district
shall be used only only for the following purposes:
1. Multi -family dwelling (apartment building).
2. Other uses as listed in Section 26 of this ordinance.
- The following, specific uses shall be permitted in an MF-2
district, when granted in accordance with Section 27:
1. Uses as listed in Section 26 of this ordinance.
15.2 Height Regulations: No building shall exceed thirty-five
(35) feet.
15.3 Area Regulations:
1. Size of Yards:
a. Front Yard: There shall be
required depth of not less
feet as measured from the
Accessory buildings shall be
a front yard having a
than twenty-five (25)
front property„ line,
located not less than
sixty (60) feet from the front property line$
b. Side Yard: There shall be a side yard do each side
of the lot having a width of not less than ten (10)
feet. There shall be ten (10) feet separation bet-
ween buildings without openings (windows) and fif-
teen (15) feet between buildings with openings. A
side yard adjacent to a side street shall not be
less than twenty (20) feet. No side yard for
allowable non-residential uses shall be less than
twenty-five (25) feet. If a side yard is adjacent
to a single family zoning district then paragraph
"d" shall apply.
c. Rear Yard: There shall be a rear yard with a depth
of not less than twenty (20) feet.
d. There shall be a total of sixty (60) feet setback
from the adjacent property line for buildings in
excess of one (1) story in height when an MF-2
district is adjacent to a district zoned for single
family residential use.
2. Size of Lot:
a. Lot Area: Each lot shall have a minimum three
thousand (3000) square feet per dwelling unit, not
to exceed fifteen (15) dwelling units per gross
acre.
b. Lot Width: The width of a lot shall be not less
than eighty (80) feet as measured along the front
building line.
c . Lot Depth* The average depth of the lot shall be
not less than one hundred fifty (150) feet.
3, Minimum Dwelling Size: The minimum living area for
multi -family dwelling units shall be seven hundred fifty
(750) square feet per unit.
22
9. Lot Coverage: In no case shall more than forty percent
(40�) of the total lot area be covered by the comained
area of the main buildings and accessory buildings.
15.4 Parking Regulations: Two and one-half (2-1/2) spaces shall
be provided for each dwelling unit. Required parking may
not be provided within the required front yard. Off, -,street
parking spaces shall be provided in accordance with the
requirements for specific uses set forth in Section 28.
15.5 Refuse Facilities: Every dwelling unit shall be located
within two hundred fifty (250) feet of a refuse facility,
measured along the designated pedestrian and vehicular tra-
vel way. There shall be available at all times at least six
(6) cubic yards of refuse container per thirty (30) multi-
family dwelling units. For complexes with less than thirty
(30) units, no less than four (4) cubic yards of refuse con-
tainer shall be provided. Each refuse facility shall be
screened from view on three sides from persons standing at
ground level on the site or immediately adjoining property,
by an opaque fence or wall of .wood or masonry not less than
six (6) feet nor more than eight (8) feet in height or by an
enclosure within a building. Refuse containers shall be
provided and maintained in a manner to satisfy city public
health and sanitary regulations. Each refuse facility shall
be located so as to provide safe and convenient pickup by
refuse collection agencies.
15.6 Border fencing of wood or masonry of not less than six (6)
feet in height shall be installed by the builder at the time
of construction of any multi -family complex, along the pro-
perty line on any perimeter not abutting a public street or
right-of-way. This fence shall be maintained throughout the
existence of the multi -family unit by the owner of the
unit.
15.7 Each unit in any multi -story design, regardless of density,
shall be provided with two points of entry and exit with
each providing separate access to places of safety in the
event of fire or other emergency.
5ECTTON 16
"MH-1"-MOBILE HOME, MANUFACTURED HOUSING. AND
MODULAR HOUSING DISTRICT
General Purpose and Description: The MH-1-Mobile Home district
23
is intended to provide for quality mobile home subdivision devel-
opment containing many of the characteristics and atmosphere of
a standard single family subdivision.
16.1 Use Regulations: A building or premise shall be used only
for the following purposes:
1. A mobile home. (Mobile home park regulations are found
in Section 17. A mobile home park is defined as a unit
of land under sole ownership where lots are rented or
leased as space to be occupied by the described
housing.)
2. Modular homes.
The following specific uses shall be permitted in the MH-1
District, when granted in accordance with Section 27:
1. Mobile home park and such uses normally accessory to a
mobile home park, including office and/or maintenance
buildings 'for management .and maintenance of the mobile
home park only, recreation buildings and swimming pools,
private clubs, laundry facilities, storage facilities and
recreation areas for use by the residents of the mobile
home park.
2. Other uses as listed in Section 26 of this ordinance.
16.2 Height Regulations:
16.3 Area Regulations:
a. Front Yard:
street.
Thirty (30) feet maximum.
Twenty-five (25) feet from a dedicated
b. Side Yard: Ten (10) feet minimum: thirty (30)
feet minimum between mobile homes; twenty (20) feet
minimum from district line; twenty (20) feet when
adjacent to public or private street or drive.
c. Rear Yard: Twenty-five (25) feet minimum. Minimum
rear yard for accessory buildings shall be ten (10)
feet .
2. Size of Lot:
a. Lot Area: Six thousand five hundred (6500) square
feet,.
b. Lot Width: Fifty (50) feet minimum.
c. Lot Depth: One hundred ten (110) feet minimum.
3. Minimum Dwelling Size* Eight hundred forty (840) square
feet.
4. Lot Coverage: Twenty-five %251 percent,
16.4 Parking Requirements: Two (2) spaces shall be provided per
unit located on the lot plus additional spaces for accessory
uses as required in Section 28.
16.5 Additional Restrictions Applicable to Mobile Home District:
1. Manufactured housing design and construction will comply
with mobile home construction and safety standards
published by the Department of Housing and Urban
Development pursuant to the requirements of the National
Mobile Home and Safety Standards Act of 1974 and all
mobile homes will be subject to inspection by the
Building Official.
2. All mobile homes shall be set on solid slab structure
and/or 18" to 20" runners. Additional rooms and
enclosed porches shall be constructed on a solid slab.
3. Tie -downs will be required and will be secured prior to
occupancy.
4. Underpinning and skirting will be required and will be
installed prior to occupancy.
5. Accessory buildings will be either manufactured or
constructed in accordance with city codes.
6. All mobile homes and modular homes shall comply with all
regulations of the State of Texas and such regulations
are hereby incorporated into this section:
SECTION 17
"MH-2"-MOBILE HOME PARK DISTRICT
General Purpose and Description; The MH-2-Mobile Home Park
district is intended to provide for quality mobile home park
development and maintenance. Mobile home parks are defined as
tracts or units of land under sole ownership where lots are
rented or leased as space to be used for placement of a mobile
home.
17.1. Use Regulations: A building or lot shall be used only
for the following purposes:
1. Mobile home park.
25
17.2
17.3
2. Uses normally accessory to a mobile home park,
including office and/or maintenance buildings. for
management and maintenance of the mobile home park
only, recreation buildings and swimming pools, pri-
vate clubs, laundry facilities, storage facilities
and recreation areas for use by the resident of the
mobile home park.
3. Other uses as listed in Section 26 of this ordinance.
The following specific uses shall be permitted in the
MH-2 District when granted in accordance with Section
27:
1. Boat and recreational vehicle and travel tractor
storage yard.
2. Travel trailer and commercial over -night camping
parka
3. Mobile home, travel .trailer, recreational vehicle
and/or pick-up camper sales lot.
4. Other uses as listed in Section 26 of this ordinance.
Height Regulations: Thirty (30) feet maximum.
Area Regulations:
1. Size of Yards:
a. Front Yard: Twenty-five (25) feet from a
dedicated street or private street or drive.
b. Side Yard: Ten (10) feet minimum: thirty (30)
feet minimum between mobile homes; twenty (20)
feet minimum from district line; twenty (20)
feet when adjacent to public or private street
or drive.
c. Rear Yard: Twenty-five (25) feet minimum.
Minimum rear yard for accessory buildings
shall be ten (10) feet.
2. Size of Lot:
a. Lot Area: Five thousand five hundred (5500)
square feet per unit.
b. Lot Width: Fifty (50) feet .minimum.
c. Lot Depth: One hundred ten (110) feet mini-
m um .
26
3, Minimum Dwelling Size: Eight hundred forty (840)
square feet. '
4, Lot Coverage: Forty (40) percent.
17.4 Parking Requirements: Two (2) spaces shall be provided
per unit located on the lot plus additional spaces for
accessory uses as required in Section 28.
17.5 Additional Restrictions A licable to Mobile Home
District:
1, Manufactured housing design and construction will
comply with mobile home construction and safety
standards published by the Department of Housing
and Urban Development pursuant to the requirements
of the National Mobile Home and Safety Standards
Act of 1974 and all mobile homes will be subject to
inspection by the Building Official.
2, All mobile homes shall be set on solid slab struc-
ture and/or 18" to 20" runners. Additional rooms
and enclosed porches shall be constructed on a
solid slab.
3, Tie -downs will be required and will be secured
prior to occupancy.
4. Underpinning and skirting will be required and will
be installed prior to occupancy.
5, Accessory buildings will be either manufactured or
constructed in accordance with city codes.
6, All mobile homes and modular homes shall comply
with all regulations of the State of Texas and such
regulations are herby incorporated into this sec-
tion.
SECTION 18
"B-1"-BUSINESS DISTRICT-1
General Pu_r�ose and Description: The "B-1" Business District is
intended for office facilities, neighborhood shopping facilities
and retail and commercial facilities of a service character, The
B-1 District is established to accommodate the daily and frequent
needs of the community.
18.1 Use Regulations: A building or premise shall be used only
for the following purposes:
1, Banks or savings and loans containing no more than
10,000 square feet of floor space.
27
1
�� �P
Y
2. Clinic, medical or dental containing no more than 10,000
square feet of floor space.
3, Food store with floor space not greater than twenty
thousand (20,000) square feet.
4. Furniture and appliance retail sales containing .no more
than 20,000 square feet of floor space.
5, Laboratory, medical or dental containing no more than
10,000 square feet of floor space.
6. Lithographic or print shop, retail only.
7. Tool rental (inside only).
8. Other general retail sales of similar nature and
character provided that the business establishment is
subject to the following conditions, which shall be
applicable to all uses in the district.
a. The business shall be conducted wholly within an
enclosed building;
b. Required yards shall not be used for display, sale
or storage of merchandise or for the storage of
vehicles, equipment, containers or waste material;
c. All merchandise shall be sold at retail on the pre-
mises; and
d. Such use shall not be objectionable because of
odor, excessive light, smoke, dust, noise, vibra-
tion or similar nuisance.
9. Other uses as listed in Section 26 of this ordinance.
The following specific uses shall be permitted in the B-1
District, when granted in accordance with Section 27:
1. Gasoline service station with associated automobile
repair facility with floor space not greater than two
thousand five hundred (2500) square feet.
2. Uses as listed in Section 26 of this ordinance.
18.2 Heiqht Regulations: No building shall exceed one hundred
(100) feet in height, except cooling towers, roof gables,
chimneys, vent stacks or mechanical equipment rooms, which
may project not more than twelve (12) feet beyond maximum
building height..
18.3 Area Regulations:
l . S i ze of Yards
a. Front Yard: The minimum required setback shall be
twenty-five (25) feet measured from the front pro-
perty line. Accessory buildings shall have a mini-
mum sixty (60) foot front yard.
b. Side Yard: Adjacent to a street -twenty (20) feet;
adjacent to a residential district property line -
twenty (20) feet; other conditions -ten (10) feet.
c. Rear Yard: The minimum rear yard setback shall be
twenty (20) feet for any building or structure.
When an alley is not required, a masonry or wood
wall of a minimum height of six (6) feet shall be
constructed adjacent to the rear property line to
provide a barrier between the adjoining uses.
d. Special Side or Rear .Yard Requirement: When a non-
residential zoned lot or tract abuts upon a zoning
district boundary line dividing the lot or tract
from a residentially zoned lot or tract, a minimum
side yard of twenty ( 20 ) feet shall be provided on
the non-residential property. A masonry or wood
wall having a minimum height of six (6) feet above
the average grade of the residential property shall
be constructed on the non-residential property
adjacent to the common side (or rear) property
line.
2. Size of Lot:
a. Minimum Lot Area: None
b. Minimum Lot Width: None
c. Minimum Lot Depth: None
3. Lot Coverage: No more than forty percent (40�) of the
lot area shall be covered by buildings.
18.4 Parking Regulations: Off-street parking and loading shall
be provided as set forth in Section 28.
SECTION 19
"B-2"-BUSINESS DISTRICT-2
General Purpose and
intended
District,
Description:
to provide
except that
a zoning
additional
The "B-2" Business district is
category similar to the "B-1"
uses are permitted which are not
29
generally carried on completely within a building or structure,
and an expanded range of service and repair uses is permitted.
19.1 Use _Regulations: A building or premise shall be used only
for the following purposes:
1. Any use permitted in the "B-1" Business District,,
2. Building materials sales (no outside storage of lumber,
materials or equipment).
3. Lithographic or print shop, retail only.
4. Newspaper or commercial printing.
5. Other uses as listed in Section 26 of this ordinance.
The following specific uses shall be permitted in a B-2
District, when granted in accordance with Section 27:
1. Uses as listed in Section.26 of this ordinance.
19.2 Height Regulations: No building shall exceed one hundred
(100) feet in height, except cooling towers, vent stacks or
mechanical equipment rooms may project not more than twelve
(12) feet beyond maximum building height.
19.3 Area Regulations:
1. Size of Yard:
a. Front Yard: Minimum required setback shall be
twenty (20) feet. Accessory uses must be set back a
minimum of sixty (60) feet.
b. Side Yard: Adjacent to a street --twenty (20) feet;
minimum required --ten (10) feet.
c. Rear Yard: The minimum rear yard setback shall be
twenty (20) feet for any building or structure.
When an alley is not required, a solid masonry or
wood wall of a minimum height of six (6) feet shall
be constructed adjacent to the rear property line
to provide a barrier between the adjoining use.
d. Special Side or Rear Yard Requirement: When a non -
residentially zoned lot or tract abuts upon a
zoning district boundary line dividing the lot or
tract from a residentially zoned lot or tract, a
minimum side yard of twenty (20) feet shall be pro-
vided for on the non-residential property. A solid
masonry or wood wall having a minimum height of six
(6) feet above the average grade of the residential
property shall be constructed adjacent to the com-
mon side (or rear) property line.
30
2. Size of Lot:
a. Minimum Lot Area: None -
b. Minimum Lot Width: None
c. Minimum Lot Depth: None
3. Lot Coverage: In no case shall more than fifty percent
(50�) of the lot area be covered by buildings.
19.4 Parking Requirements: Off street parking requirements shall
be provided in accordance with Section 28.
General Pur
to provide
interests of
munity. A
permitted
structure.
SECTION 20
"B-3"-CENTRAL BUSINESS DISTRICT
moose and Descri tp ion: The "B-3" district is intended
a zoning category to meet the special needs and
the historically central commercial area of the com-
variety of commercial uses are permitted although all
activities are conducted within a building or
20.1 Use Regulations: A building or premise shall be used only
for the following purposes:
1. Uses permitted in the B-1 district.
2. Single family residential attached and multi -family.
3, Other uses as listed in Section 26 of this ordinance.
20.2 Height Regulations: No building shall exceed thirty-five (35)
feet in height, except cooling towers, vent stacks or mechanical
equipment rooms may project not more than twelve (12) feet beyond
maximum building height.
20.3 Area Regulations:
1. Size of Yard:
a. Front Yard: None required.
b. Side Yard: None required, except
district abuts a residential district
a minimum side yard of ten (10) feet
vided. The side yard setback from
shall be fifteen (15) feet
where a B-3
in which case
shall be pro -
a side street
c, Rear Yard: None required, except where
district abuts a residential district (whether
a B-3
31
separated by an alley or not) in which case a mini-
mum back yard of ten (10) feet shall be provided.
2. Size of Lot:
a. Minimum Lot Size: None.
b. Mimimum Lot Width: None.
c. Mimimum Lot Depth: None.
3. Lot Coverage: The maximum lot coverage by buildings
shall be sixty (60) percent of the lot area.
20.4 Parking Requirements: Off-street parking and loading shall
be provided as set forth in Section 28.
SECTION 21
"I-1"-INDUSTRIAL DISTRICT
General Purpose and Description: The I-1 District is established
to accommodate those uses which are of a non -nuisance type
located in relative proximity to residential areas, and to pre-
serve and protect lands designated on the comprehensive plan for
industrial development and use from the intrusion of certain
incompatible uses which might impede the development and use of
lands for industrial purpose. Development in the I-1 District is
limited primarily. to certain wholesale and jobbing commercial
uses and certain industrial uses, such as the fabrication of
materials, and specialized manufacturing and research institu-
tions, all of a non -nuisance type. No use or types of uses spe-
cifically limited to the I-2 District may be permitted in the I-1
District.
21.1 Use Regulations: Uses permitted in the I-1 District are
subject to the following conditions:
(a) All business, servicing, or processing, except for off-
street parking, off-street loading, display of merchan-
dise for sale to the public, and establishments of the
"drive-in" type, shall be conducted within completely
enclosed areas.
(b) All storage within one hundred feet (100') of a resi-
dence district, except for motor vehicles in operable
condition, shall be within completely enclosed buildings
or effectively screened with screening not less than six
feet (6') nor more than eight feet (8') in height, pro-
vided no storage located within fifty feet (50') of such
screening .shall exceed the maximum height of such
screening.
32
(c) Permitted uses in the I-1 District shall lare,sormather
dust, fumes, gas, noxious odor, smoke, g
atmospheric influence.
(d) Permitted uses in the I-1 District shall produce no
noise exceeding in intensity, at the boundary of the
property, the average intensity of noise of street, traf-
fic.
(e) Permitted uses in the I-1 District shall not create fire
hazards on surrounding property.
Permitted uses in the I-1 District include the following:
1, Advertising products, such as signs and billboards
(manufacturing of).
2. Ambulance, bus, train, and taxi stations, truck yards.
3, Awnings, venetian blinds, and windowshades
(manufacturing of).
4. Bakery, candy, dairy and other food products, but not
including fish and meat products, sauerkraut, vinegar,
yeast, alcohol or alcoholic beverages.
5, Building materials yard, contractor's yard, lumberyard.
6. Cameras and .other photographic equipment (manufacturing
of) .
7. Ceramic products, such as pottery, figurines, and small
glazed tiles.
g. Ice plants, cold storage plants.
g. Jewelry.
10. Machine shops (fabrication
(10) gauge in thickness).
of metal not more than ten
11. Metal stamping and extrusion of small products, such as
costume jewelry, pins and needles, razor blades, bottle
caps, buttons, and kitchen utensils.
12. Milk and ice cream processing.
13. Mobile home sales.
14. Musical instruments.
15. Orthopedic and medical appliances, such as artificial
limbs, braces, supports, and stretchers.
33
16. Repair of farm, household, office machinery or
equipment. '
17. Scientific and precision instruments (manufacturing of).
18. Sheet metal shops. ,
1g, Public utility and public service uses as follows:
(a) Bus stations, bus terminals, bus turnaround
(off-street), bus garages, and bus lots;
(b) Electric substations;
(c) Radio and television towers;
(d) Railroad passenger stations;
(e) Telephone exchanges, microwave relay towers,
telephone transmission equipment buildings and ser-
vice yards;
(f) Privately owned water pumping stations and water
reservoirs;
20. Radar installations and towers.
21. Radio and television studios and stations.
22, Schools, trade.
23. Storage and warehousing establishments.
24. Storage yards, but not including junkyards.
25. Swimming pool (manufacturing of).
26. Trailer sales and rental, for use with private passenger
motor vehicles.
27. Weighing stations.
28. Wholesaling establishments.
29. Accessory uses, including but not limited to temporary
buildings for construction purpose for a period no to
exceed the duration of such construction.
30. Other wholesale, light manufacturing, construction or
service uses which are similar in character to those enu-
merated in this subsection, and which will not be
dangerous or otherwise detrimental to persons residing
or working in the vicinity thereof, or to the public
welfare, and will not impair the use, enjoyment, or
value of any property.
31. Factory outlet retail or wholesale store for the sales
and servicing of goods or materials on the same premises
as the manufacturing company to which they are related,
including sales and service in a separate building or
buildings.
32. Other uses as listed in Section 26 of this ordinance.
1.
The following specific uses shall be permitted in the I-1
District when granted in accordance with Section 27:
1. Railroad freight terminals, railroad switching and
classification yards, repair shops, and roundhouses.
2. Stadiums, auditoriums, and arenas.
3. Other uses as listed in Section 26 of this ordinance.
21.2 Height Regulations: Maximum height one hundred (100) feet.
21.3 Area Regulations:
1. Size of Yards:
a. Front Yard: Minimum required, twenty (20) feet.
b. Side Yard: Minimum side yard of ten (10) feet
except a corner lot adjacent to a street shall be
twenty (20) feet. When the industrial district is
adjacent to any residential district, a minimum
side yard of twenty (20) feet shall be observed and
a six (6) foot solid masonry or wood wall shall be
constructed adjacent to the residential district's
property line.
c. Rear Yards: There shall be a rear yard of depth of
twenty (20) feet, unless adjacent to a residential
district, in which case a fifty (50) foot rear set-
back shall be observed.
2. Size of Lot*
a. Minimum Lot Area: None.
b. Minimum Lot Width: None.
- c. Minimum Lot Depth: None,
3. Lot Coverage: In no case shall more than fifty (50%)
percent of the lot area be covered by the aggregate area
of all buildings constructed on the lot.
21.4 Parking Regulations: Required off-street parking shall be
provided in accordance with the specific uses set forth
in Section 28.
35
SECTION 22
"I-2" HEAVY INDUSTRIAL DISTRICT
General Purpose and Descri tion: The I-2 District is established
to accommodate most industrial uses and protect such areas from
the intrusion of certain incompatible uses which might impede the
development and use of lands for industrial purposes.
22.1 Use Regulations: Uses permitted in the I-2 District are
subject to the following conditions:
(1) All business, servicing, or processing, except for off-
street parking, off-street loading, display or merchan-
dise for sale to the public, and establishments of the
"drive-in" type, shall be conducted within completely
enclosed buildings unless otherwise indicated.
(2) All storage within one hundred feet (100') of a residen-
tial district, except for motor vehicles in operable
condition, shall be within. completely enclosed buildings
or effectively, screened with screening not less than
six feet (6') nor more than eight feet (8') in height,
provided no storage located within fifty feet t50') of
such screening shall exceed the maximum height of such
screening.
C. Uses Permitted
The following uses shall be permitted;
1. Automobile, airplane and other similar assembling;
2. Boat -building of small craft and other similar
assembling.
3. Bottling or distribution plants, milk or soft drinks.
4. Cartage establishments.
5. Concrete products casting, mixing and products manufac-
ture;
6. Cosmetics and toiletries, drugs, perfumes, and perfumed
soaps, and pharmaceutical products (manufacturing of).
7. Electrical appliances, such as lighting fixtures, irons,
fans, and toasters (manufacturing of).
8. Electrical equipment assembly, such as home radio and
television receivers and home -movie equipment, but not
including electrical machinery.
��
36
9. Electrical supplies manufacturing and assembly, such as
wire and cable assembly, switches, lamps, insulation and
dry -cell batteries.
10. Electronic instruments (manufacturing of).
11. Feed mixing and grinding plants.
12. Foundry or metal fabrication.
13. Furniture refinishing using a manufacturing or chemical
dipping process.
14. Insecticide and pesticide products, packaging only.
15. Meat product processing.
16. Medical, dental, and optical supplies (manufacturing
of).
17. Metal finishing, plating, grinding, sharpening,
polishing, ,cleaning, rustproofing, and heat treatment.
18. Monument works.
19. Motor freight terminal.
20. Photofinishing associated with a manufacturing process.
21. Railroad freight terminals, railroad switching and
classification yards, reparir shops, and roundhouses.
22. Shell egg business, candling, cartonings and
distributing.
23. Silverware, plate and sterling (manufacturing of).
24. Tire manufacture.
25. Gas regulator stations, mixing stations and gate
stations.
26. All other facilities for the manufacturing, fabrication,
processing or assembly of products, provided that such
facilities are not detrimental to the public health,
safety or general welfare, and further provided that the
following performance standards and city ordinances are
met
a. Smoke: No operation shall be conducted unless it
conforms to the standards established by any appli-
cable state and federal health rules and regula-
tions pertaining to smoke emission;
37
b. Particulate Matter: No operation shall be con-
ducted .unless it conforms to the standards
established by applicable state and federal health
rules and regulations pertaining to emission of
particulate matter;
c. Dust, Odor, Gas, Fumes, Glare, or Vibration: No
emission of these matters shall result in a con-
centration at or beyond the property line which is
detrimental to the public health, safety or general
welfare or which causes injury or damage to proper-
ty; said emissions shall in all cases conform to
the standards established by applicable state and
federal health rules and regulations pertaining to
said emissions;
d. Radiation Hazards and Electrical Disturbances: No
operation shall be conducted unless it conforms to
the standards established by applicable state and
federal health rules and regulations pertaining to
radiation control;
e. Noise: No operation shall be conducted in a manner
so that any noise produced is objectionable due to
intermittence, beat frequency or shrillness. Sound
levels of noise at the property line shall not
exceed 75 DB (A) permitted for a maximum of fifteen
(15) minutes in any one (1) hour, said operation
shall in all cases conform to the standards
established by applicable state and federal health
rules and regulations and to other city ordinances
pertining to noise; and
f. Water Pollution: No water pollution shall be
emitted by the manufacturing or other processing.
In a case in which potential hazards exist, it
shall be necessary to install safeguards acceptable
to the appropriate State and national health and
environmental protection agencies prior to issuance
of a certificate of occupancy. The applicant shall
have the burden of establishing that said safe-
guards are acceptable to said agency or agencies.
27. Other uses as listed in Section 26 of this ordinance.
The following specific uses shall be permitted in the I-2
District when granted in accordance with Section 27:
1.
Uses as listed in Section 26 of this ordinance.
Other manufacturing and industrial uses which do not
meet the general definition for manufacturing processes
3B
22.2
22.3
may be permitted by the City Council after public
hearing and review of the particular operational charac-
teristics of each such use, and other pertinent data
affecting the community's general welfare. Approval of
uses under this subsection shall be made in accordance
with Section 27.
Height Regulations:
Area Regulations:
1. Size of Yards:
Maximum height one hundred (100) feet.
a. Front Yard: There shall be a front yard having a
required depth of twenty (20) feet.
b. Side Yard: There shall be a side yard on each side
of the lot having a width of not less than ten (10)
feet. The minimum side yard depth on a corner lot
adjacent to a street shall be twenty (20) feet.
When the industrial district is adjacent to any
residential district, a minimum side yard of twenty
(20) feet shall be observed and a six (6) foot
solid .masonry or wood wall shall be constructed
adjacent to the residential district's property
line.
c. Rear Yards: There shall be a rear yard having a
required depth of not less than twenty (20) feet,
unless adjacent to a residential district, in which
case a fifty (50) foot rear setback shall be
observed.
2. Size of Lot:
a. Minimum Lot Area: None.
b. Minimum Lot Width: None.
c. Minimum Lot Depth: None.
3. Lot Coverage: In no case shall more than fifty (50�)
percent of the lot area be covered by the aggregate area
of all buildings constructed on the lot.
22.4 Parking Regulations: Required off-street parking shall be
provided in accordance with the specific uses set forth
in Section 28.
39
SECTION 23
"PD" - PLANNED DEVELOPMENT DISTRICT
General Purpose and Descri tion. The Planned Development
District "PD" prefix is intended to provide for combining and
mixing of uses allowed in various districts with appropriate
regulations and to permit flexibility in the use and design of
land and buildings in situations where modification of specific
provisions of this ordinance is not contrary to its intent and
purpose or significantly inconsistent with the planning on which
it is based and will not be harmful to the community. A "PD"
District may be used to permit new and innovative concepts in
land utilization.
While great flexibility is given to provide special restrictions
which will allow development not otherwise permitted, procedures
are established herein to insure against misuse of the increased
flexibility.
23.1 Permitted
a Planned
districto
operation
compliance
Uses: Any use specified in the ordinance granting
Development district shall be permitted in that
The size, location, appearance and method of
may be specified to the extent necessary to insure
with the purpose of this ordinance.
Development Standards:
1. Development standards for each separate PD District
shall be set forth in the ordinance granting the PD
District and may include but shall not be limited to:
uses, density, lot area, lot width, lot depth, yard
depths and widths, building height, building eleva-
tions, coverage, floor area ratio, parking, access,
screening, landscaping, accessory buildings, signs,
lighting, management associations, and other require-
ments as the City Council and Planning and Zoning
Commission may deem appropriate.
2. In the PD District, the particular district(s) to which
uses specified in the PD are most similar shall be
stated in the granting ordinance. All PD applications
shall list all requested variances from the standard
requirements set forth throughout this ordinance
(applications without this list will be considered
I
ncomplete).
3. The ordinance granting a PD District shall include a
statement as to the purpose and intent of the PD granted
wherein. A specific list is required of variances in
each district or districts and a general statement for
citing the reason for the PD request.
�.
4. The Planned Development district
other sections of the ordinance
exempted in the granting ordinance.
5. The minimum acreage for a planned development district
shall be three (3) acres.
23.2 In establishing a Planned Development district in accordance
with this section, the City Council shall approve and file
as part of the amending ordinance appropriate plans and
standards for each Planned Development District. During the
review and public hearing process, the Planning and Zoning
Commission and City Council shall require a conceptual plan
and a development plan (or detail site plan).
1. Conceptual Plan: This plan shall be submitted by the
applicant. The plan shall show the applicant's intent
for the use of the land within the .proposed planned
development district in a graphic manner and shall be
supported by written documentation of proposals and
standards for development.,
a. A conceptual plan for residential land use shall
show general use, thoroughfares and preliminary
lotting arrangements. For residential development
which does not propose platted lots, the conceptual
plan shall set forth the size, type and location of
buildings and building sites, access, density,
building height, fire lanes, screening, parking
areas, landscaped areas and other pertinent deve-
lopment data.
b. A conceptual plan for uses other than residential
uses shall set forth the land use proposals in a
manner to adequately illustrate the type and nature
of the proposed development. Data which may be
submitted by the applicant, or required by the
Planning and Zoning Commission or City Council, may
include but is not limited to the types of use(s),
topography and boundary of PD area, physical
features of the site, existing streets, alleys and
easements, location of future public facilities,
building height and location, parking ratios and
other information to adequately describe the pro-
posed development and to provide data for approval
which is to be used in drafting the final develop-
ment plan.
c. Changes of detail which do not alter the basic
relationship of the proposed development to adja-
cent property and which do not alter the uses per-
mitted or increase the density, building height or
coverage of the site and which do not decrease the
offstreet parking ratio, reduce the yards provided
41
4
at the boundary of the site, or significantly alter
the landscape plans as indicated on the approved
conceptual plan may be authorized by the building
official or his designated representative. If an
agreement cannot be reached regarding whether or
not a detail site plan conforms to the original
concept plan the Planning and Zoning Commission
shall review the request and render judgement as to
the conformity.
2. Development Plan or Detail Site Plan: This plan shall
set forth the final plans for development of the Planned
Development district and shall conform to the data pre-
sented and approved on the conceptual plan. Approval of
the development plan shall be the basis for issuance of
a building permit. For any district SF-1 through SF-4,
a final plat shall qualify as the development plan. The
development plan may be submitted for the total area of
the PD or for any section or part as approved on the
conceptual plan. The development plan must be approved
by the Planning and Zoning Commission and City Council.
A public hearing on approval of the development plan
shall be required at the Council and Commission level,
unless such a hearing is waived pursuant to subsection 3
below at the time of conceptual plan approval in the
original amending ordinance. The development plan shall
include:
a. A site inventory analysis including a scale drawing
showing existing vegetation, natural water courses,
creeks or bodies of water and an analysis of
planned changes in such natural features as a
result of the development. This should include a
delineation of any flood prone areas.
b. A scale drawing showing any proposed public or pri-
vate streets and alleys; bung sites or lots;
and areas reserved as parks, parkways, playgrounds,
utility easements, school sites, street widening
and street changes; the points of ingress and
egress from existing streets; general location and
description of existing and proposed utility ser-
vices, including size of water and sewer mains; the
location and width for all curb cuts and the land
area of all abutting sites and the zoning classifi-
cation thereof on an accurate survey of the tract
with the topographical contour interval of not more
than five (5) feet.
c. A site plan for proposed building complexes showing
the location of separate buildings, and between
buildings and property lines, street lines and
alley lines. Also to be included on the site plan
42
is a plan showing the arrangement and provision of
off-street parking. IV
d. A landscape plan showing screening walls, ornamen-
tal planting, wooded areas and trees to be planted.
architectural plan showing elevations and
signage style to be used throughout the development
in all districts except single-family and two-
family may be required by the Planning and Zoning
or City. Council if deemed appropriate. Any or all
of the required information may be incorporated on
a single drawing if such drawing is clear and can
be evaluated by the building official or his
designated representative.
3. All development plans may have supplemental data
describing standards, schedules or other data pertinent
to the development of the Planned Development District
which is to be included in the text of the amending
ordinance. The procedure for establishing a Planned
Development District shall follow the procedure for
zoning amendments as set forth in Section40 This pro-
cedure is expanded as follows for approval of conceptual
and development plans.
a. Separate public hearings shall be held by the
Planning and Zoning Commission and City Council for
the approval of the conceptual plan and the deve-
lopment plan or any section of the development
plan, unless such requirement is waived by the City
Council upon a determination that a single public
hearing is adequate. A single public hearing is
adequate when$
(1) The applicant submits adequate data with the
request for the Planned Development district
to fulfill the requirements for both plans; or
(2) Information on the concept plan is sufficient
to determine the appropriate use of the land
and the detail site plan will not deviate
substantially from it; and
(3) The requirement is waived at the time the
amending ordinance is approved. If the
requirement is waived the conditions shall be
specifically stated in the amending ordinance.
b. The ordinance establishing the Planned Development
district shall not be approved until the conceptual
plan is approved.
43
(1) The development plan may be approved in sec-
tions. When the plan is approved in sections,
the separate approvals by the Planning and
Zoning Commission and City Council for the
initial and subsequent sections will be
required.
(2) An initial development plan shall be submitted
for approval within six (6) months from the
approval of the conceptual plan or some por-
tion of the concept plan. If the development
plan is not submitted within six (6) months,
the conceptual plan is subject to reapproval
by the Planning and Zoning Commission and City
Council. If the entire project is not
completed within two (2) years, the Planning
and Zoning Commission and the City Council may
review the original concept plan to ensure its
continued validity.
(3) Regardless of whether the public hearing is
waived for the development plan, approval by
the Planning and Zoning Commission and City
Council is still required.
23.3 When a PD is being considered, a written report Mn be
requested of the applicant discussing the impact on
planning, engineering, water utilities, electric, sanita-
tion, building inspection, tax, police, fire and traffic.
Written comments from the applicable public school district,
and from private utilities may be submitted to the Planning
Commission prior to the commission making any recommen-
dations to the Council.
23.4 All Planned Development districts approved in accordance
with the provisions of this ordinance in its original form,
or by subsequent amendment thereto, shall be referenced on
the Zoning District Map, and a list of such Planned
Development Districts, together with the category of uses
permitted therein, shall be maintained in the appendix of
this ordinance.
23.5 Planned Development Ordinances Continued_: Prior to adoption
of this ordinance, if the City Council has established
various Planned Development Districts, they are to be con-
tinued in full force and effect. The establishing ordi-
nances or parts of ordinances approved prior to this
ordinance shall be carried forth in full force and effect
and are the conditions, restrictions, regulations and
requirements which apply to the respective Planned
Development Districts shown on the Zoning Map at the date of
adoption of this ordinance.
SECTION 24
"H" - HISTORIC DISTRICT AND HISTORIC PRESERVATION
24.1 DEFINITIONS
(1) Alteration: The introduction of compatible „forms,
colors, textures, materials, and shapes which harmonize
with existing historical districts and landmarks charac-
teristics yet relate well through the sensitive use of
proportion, scale, and landscaping.
(2) Historic District: A historic district is defined as an
area which has outstanding historical and cultural
significance in the state, region, or community, within
which the buildings, structures, accessory buildings,
fences, or other appurtenances are of basic and vital
importance for the development of culture and tourism
because of their association with history, including:
(a) Historic structures,, sites or areas within which
the buildings, structures, appurtenances, and pla-
ces exemplify the cultural, political, economic or
social history of the state, region, or community.
(b) Historic structures, sites or areas that are iden-
tified with the lives of historic personages or
with important events in
history.
state, regional, or local
(c) Structures or areas that embody the distinguishing
characteristics of an architectural type specimen
as to color, proportion, form, and architectural
details.
(3) Historic Landmark: A historic landmark is defined as a
place which has outstanding historical and cultural
significance in the state, region, or community. The
designation historic landmark recognizes that the
historic place, or the building(s), structure(s),
accessory building(s), fences or other appurtenances at
the place, are of basic and vital importance for the
preservation of culture and the development of tourism.
(4) Reconstruction: The reconstruction process involves the
recreation of a replica of a building or facility that
no longer exists on its original site based on archaelo-
gical, historical, documentary, and physical evidence.
Both modern construction techniques and traditional
methods may be used in a reconstruction project.
(5) Rehabilitation: This process involves modifications or
changes to an existing building. Rehabilitation extends
the useful life or utility of the building through
repairs or alterations, sometimes major, while the
features of the building that contributed to its archi-
tectural, cultural, or historical character are pre-
served.
(6) Relocation: Relocation as a result from changes in land
use and redevelopment programs involves the disassembly,
relocation on a different site, and reassembly of a
building.
(7) Restoration: The restoration process involves the care-
ful and meticulous return of a building, usually on its
original site, to its appearance at a particular period
of time by removal of later work or replacement of
missing earlier work.
24.2 CREATING HISTORIC DISTRICTS
The City Council may from time to time designate certain
areas as historic districts, and define, amend, or eliminate
the boundaries of same. Such districts shall bear the word
'historic" in their zoning designation and property therein
shall continue to bear its use designation as provided in
the general zoning provisions of this ordinance.
Before taking any such action, the Council shall submit the
same to the City Planning and Zoning Commission for their
recommendations and reports. The Planning and Zoning
Commission shall give notices, conduct its hearing and make
recommendations to the City Council in the same manner and
according to the same procedures as specifically provided in
the general zoning provisions of this ordinancee in like
manner, the City Council shall give notices, follow the
publication procedure, hold hearings, and make its deter-
minination in the manner as provided in the general zoning
provisions of this ordinance. All procedures and provisions
relative to zoning set forth in the general zoning provis-
ions of this ordinance not in conflict with the terms of
this Section are hereby adopted and made apart hereof.
24.3 DESIGNATING HISTORIC LANDMARKS
The City Council may from time to time designate certain
places in the city as historic landmarks. Such places shall
bear the word "historic" in their zoning designation and
shall continue to bear their use designations as provided in
the general zoning provisions of this ordinance.
In designating ,historic landmarks, the City Planning and
Zoning Commission and the Council shall follow the proce-
dures set forth for creating historic districts.
4G
24.4 USES
Nothing contained in this Section or i
Nn the designation of
property as being in a historic district or historic land-
mark shall affect the present legal use of property. Use
classifications as to all property which may be included in
a historic district or historic landmark shall continue to
be governed by the general zoning provisions of this and the
procedures therein established. In no case, however, shall
any use be permitted which requires the demolition, razing,
remodeling, or alteration of any buildings or structures in
such a historic district or historic landmark so as to ad-
versely affect the character of the district or historic
landmark, except upon compliance with the terms of this
Section. For purposes of clarity in the zoning designation
of property, all zoning maps shall reflect property in
historic districts or historic landmarks by the inclusion of
the word "historic" as a prefix to its use designation as
specified in accordance with the general zoning provisions
of this ordinance.
No provision herein shall be construed as prohibiting a prop-
erty owner from continuing to use property for a noncon-
forming use.
24.5 HISTORIC PRESERVATION COMMISSION CREATED
(1) Creation of Commission
There is hereby created, a Historic Preservation
Commission far historic districts and landmarks,
hereinafter called the Commission, consisting of seven
(7) members. The members thereof shall be appointed by
the Mayor, subject to the confirmation of the City
Council.
(2) Terms of Appointment
Members shall serve from July 1 of the year of appoint-
ment for staggered terms of two (2) years and may be re-
appointed to successive terms of office. The members of
the Commission shall be identified by place numbers one
(1) through seven (7). The even numbered places shall
expire in the even numbered years; the odd numbered pla-
ces shall expire in the odd numbered years. Newly
appointed members shall be installed at the first regu-
lar Commission meeting after their appointment.
Vacancies shall be filled for an unexpired term in the
manner in which original appointments are required to be
made. Continued absence of any member from regular
meetings of the Commission shall, at the discretion of
the City Council, render any such member liable to imme-
diate removal from office.
47
(3) Qualifications
To the extent possible, the City Council shall appoint
members to the Commission which have background in
architecture, urban design, history, or other related
professions.
(4) Chairman of Commission
The Chairman of the Commission shall be elected by a
majority of the members of the Commission. The first
Chairman shall be elected at the beginning of the first
meeting held after the members are appointed and each
successive Chairman shall be elected at the first
meeting held after new appointments to the Commission
are made each April.
(5) Functions of Commission
The Commission shall act in an advisory capacity only,
and shall have no power to% bind the City by contract or
otherwise. It shall be the function of the Commission
to advise the Building Official concerning all applica-
tions for permits in the historic districts and historic
landmarks.
24.6 MEETINGS
The Commission shall meet at regular intervals with advance
notice posted according to the Texas Open Meeting Law.
Additionally, meetings may be called upon request of the
Chairman, or upon written request of three (3) members, or
upon notice from the City Secretary that a matter requires
the consideration of the Commission. Upon the filing of an
application for a building permit in a historic district, or
historic landmark, the Commission shall hold a hearing
within fourteen (14) days after the date of filing of such
application. The Commission shall take final action on the
application within thirty (30) days of the filing of said
application. If action thereon is not taken within thirty
(30) days after the date of filing of such application, it
shall be deemed to have been recommended for approval and a
certificate showing the filing date and the failure to take
action on the application within thirty (30) days shall be
issued by the Commission on demand. The applicant may
withdraw the application before the thirty (30) day period
expires and may resubmit it at a later time if additional
time is required for the preparation of information or for
research required by the Commission. A majority of the mem-
bers shall constitute a quorum, and action taken at a
meeting shall require the affirmative vote of a majority of
the appointive members in attendance.
4 f3
24.7 ROLE OF BUILDING OFFICIAL
(1) Construction, Reconstruction, Alteration,
Restoration, or Relocation Procedure
The Building Official shall not take action upon a per
for any construction, reconstruction, alt_pration,
restoration, or relocation of a building or signs in the
historic district or historic landmark until he has
received a recommendation from the Commission or cer-
tificate from the Commission showing failure to take
action as provided in Subsection 24.6 of this Section.
Upon receipt of an application for a permit in the
historic district or historic landmark, the Building
Official shall act in accordance with the procedures
presently being followed in that office except as those
procedures are necessarily modified by the following
requirements:
(a) He shall forward to .the Commission a copy of the
application for a building permit, together with a
copy of the plot plan and the building plans and
specifications filed by the applicant.
(b) Fie shall maintain in his office a record of all
such applications and of his handling and final
disposition of the same, which shall be in addition
to and appropriately cross-referenced to his other
records.
(c) He shall require applicants to submit a sufficient
number of additional copies of material required to
be attached to an application for a building permit
in compliance with the foregoing.
(2) Demolition Procedure
Notwithstanding any other provision of this Section, any
property owner who desires to affect complete demolition
of any entire structure on his property theretofore
classified pursuant to the terms of this Section as, or
part of, a historic district or historic landmark, shall
give written notice to the Building Official of his
intention to affect such demolition. One hundred twenty
(120) days after the giving of such notice, the property
owner shall be entitled to receive a permit for such
demolition, provided the application complies otherwise
with this and the Building Code.
(3) Standards to be Applied
The considered by the Commission as set
04.9 of this Section shall be
same
criteria
forth
in
Subsection
applied by the Building Official in arriving at his
determination as to issuance or denial of the permit.
24.8 MEETINGS OF THE COMMISSION
Upon receipt from the Building Official by the Commission of
the application for a building permit for the construction,
reconstruction, alteration, restoration, relocation, demoli-
tion, or razing of a building or buildings in this historic
district or historic landmark, the Commission shall schedule
A meeting to consider the recommendation which the
Commission with give to the Building Official. The person
applying for the permit shall be advised of the time and
place of said meeting and invited to a0pear to explain his
reasons therefor. The Commission may invite such other per-
sons or groups as it desires to attend its meetings. The
Commission may hold any additional meetings it considers
necessary to carry out its responsibilities as enumerated in
this Section.
24.9 CRITERIA TO BE USED BY COMMISSION
IN DETERMINING ITS RECOMMENDATION
(1) Historic Districts
In determining the recommendation to be presented to the
Building Official concerning the issuing of a permit for
the construction, reconstruction, alteration, restora-
tion, relocation, demolition, or razing of all or part
of any building within the historic district, the
Commission shall consider the following matters:
(a) The effect of the proposed change upon the general
historic, cultural, and architectural nature of the
district.
(b) The appropriateness of exterior architectural
features, including parking and loading spaces,
which can be seen from a public street, alley, or
walkway.
(c) The general design, arrangement, texture, material,
and color of the building or structure and the
relation of such factors to similar features of
buildings or structures in the district. The cri-
terion shall not be the aesthetic appeal to the
Commission of the structure or the proposed remo-
deling but rather its conformity to the general
character of the particular historic area involved.
(d) Signs which are
of the historic
permitted.
out of keeping with the character
district in question shall not be
50
(e) The value of the historic district as an area of
unique interest and character shall not, be
impaired.
(2) Historic Landmarks
In determining the recommendation to be presented to the
Building Official administration concerning the issuing
of a permit for the construction, reconstruction,
alteration, restoration, relocation, demolition, or
razing of all or part of any designated historic land-
mark, the Commission shall consider those considerations
which gave rise to the original request for the designa-
tion of the place as a historic landmark as well as the
following matters:
(a) The effect of the proposed change upon the
historic, architectural, or cultural nature of the
landmark.
(b) The appropriateness. of exterior architectural
features, including parking and loading spaces,
which can be seen from a public street, alley, or
walkway.
(c) The general design, arrangement, texture, material,
and color of the building or structure site and the
similarity, contrast, or other relation of such
factors to other landmarks built at or during the
same period, as well as the uniqueness of such
features, considering the remaining examples of
architectural, historical, and cultural values.
(d) Signs which are out of keeping with the character
of the historic landmark shall not be permitted.
(e) The value of the historic landmark as a place of
unique interest or character shall not be impaired.
24.10 FINDINGS OF THE COMMISSION
CONCERNING APPLICATIONS FOR PERMIT
(1) If the Commission decides to recommend against the
granting of a permit, it shall indicate to the applicant
the changes in plans and specifications, if any, which
in the opinion of the Commission, would protect the
distinctive historical character of the historic
district or historic landmark. The Commission shall
withhold its report to the Building Official for a
period of five (5) days following its discussion to
allow the applicant to decide whether or not to make the
suggested changes in his plans and specifications. if
51
the applicant determines that he will make the suggested
changes, he shall so advise the Commission within .that
time.
(2) The Commission, after the meeting provided for in
Subsection 24.8 of this Section and after the making of
any changes in the plans and specifications as provided
in paragraph (1) of Subsection 24.10 of this Section,
shall submit to the Building Official, in writing, its
recommendation concerning the issuance of a permit for
the construction, reconstruction, alteration, restora-
tion, relocation, demolition or razing of all or a part
of any building within the historic district or historic
landmark. The written report shall include the opinion
and recommendation of the Commission as stated in sub-
paragraphs (g) and (h) of this paragraph and may include
all or any part of the matters stated in subparagraphs
(a) through (f) of this paragraph.
(a) The exact location of the area or place in which
the work is to be done.
(b) The exterior changes to be made or the exterior
character of the structure to be erected.
(c> A list of surrounding structures with their general
exterior characteristics.
(d) The effect of the proposed change upon the general
historic and architectural nature of the district
or landmark.
(e) The appropriateness of exterior architectural
features which can be seen from a public street,
alley, trail, or walkway.
(f) The general design, arrangement, texture, material,
and color of the building or structure and the
relation of such factors to similar features of
buildings or structures in a district, or to the
general period of construction in a district or
landmark.
(g) The opinion of the Commission, including any
dissent, as to the appropriateness of the work pro-
posed as it will preserve or destroy the historic
aspect and nature of the district or landmark.
(h) The specific recommendation of the Commission.
24.11 ACTION BY THE BUILDING OFFICIAL
The recommendation of the Commission shall be binding upon
the Building Official, and upon receipt of the report of the
�`
52
Commission, the Building Official shall within ten (10) days
notify the applicant in writing of the approval, conditional
approval, or disapproval of the application, and a copy
shall be provided to the Commission.
24.12 APPEAL FROM ACTION OF COMMISSION
CONCERNING APPLICATIONS FOR PERMITS
An applicant for permit dissatisfied with the action of the
Commission relating to issuance or denial of a permit for
the construction, reconstruction, alteration, restoration,
relocation, demolition, or razing of a building in the
historic district shall have the right of appeal to the City
Council within fifteen 915) days after receipt of notifica-
tion of such action. The applicant shall be advised by the
City Secretary of the time and place of the hearing at which
his appeal will be considered and shall have the right to
attend and be heard as to his reasons for filing the same.
In determining whether or not to certify to the appropriate-
ness of the proposed construction, reconstruction, altera-
tion, restoration, relocation, demolition, or razing of all
or a part of any building within the historic district, the
City council shall consider the same factors as the
Commission set forth in Subsection 24.9 of this Section and
the report of the Commission and any other matters presented
at the hearing on the appeal. If the City Council disappro-
ves the application by a majority of the members voting, it
shall direct the Building Official not to issue such permit.
Such disapproval may indicate what changes in the plans and
specifications would meet the conditions for protecting the
distinctive historical character of the district.
24.13 DUTIES OF THE BUILDING OFFICIAL
Upon receipt of the written disapproval of the City Council,
the Building Official shall forthwith so advise the
applicant and the Commission.
24.14 REAPPLICATION FOR BUILDING PERMIT
In the case of an application's disapproval by the City
Council, the application shall not be resubmitted for con-
sideration until one (1) year has elapsed from the date of
disapproval unless the indicated changes in the plans and
specifications required to meet the conditions for pro-
tecting the district or landmark have been incorporated into
the reapplication.
53
24.15 ADDITIONAL DUTIES OF COMMISSION
(1) The Commission shall make an annual report to the city
council on the state of historic preservation in the
City and shall include in the report a summary of its
activities for the past year and a proposed program for
the next year.
(2) The Commission shall have the further responsibility of
recommending to the City Council, Planning and Zoning
Commission, the adoption of policies, the sources of
funds, and designation of districts and landmarks that
may further the City's preservation effort.
(3) The Commission shall provide recommendations to the
Planning and Zoning Commission and City Council con-
cerning the establishment of City policies, approvals of
projects, designations of additional historic districts,
changes in historic district boundaries, designations of
historic landmarks and any other project or efforts
which might affect a designated historic landmark or
historic district.
(4) The Commission shall, with staff advice and support,
determine a suitable emblem for marking buildings,
structures, and sites within historic districts and for
designated landmarks, both public and private. This
emblem shall be submitted for approval to the Texas
Historical Commission and then recommended for approval
to the City Council, along with a list of locations and
sites and estimates as to cost, for approval by the City
Council.
24.16 NOTIFICATION OF DESIGNATION
Upon passage of any historic district or historic landmark
designation ordinance, the City Secretary shall send a
notice of the fact of the designation to the owner or owners
of affected property by mail.
24.17 VIOLATIONS; PENALTIES
It shall be unlawful to construct, reconstruct, structurally
alter, remodel, renovate, relocate, restore, demolish, raze,
or maintain any building, structure, accessory building,
fence, or other appurtenance in a historic district or
historic landmark in violation of the provisions of this
Section; and proper City officials, or their duly authorized
representatives, in addition to other remedies, may insti-
tute any appropriate action or proceedings to prevent such
unlawful construction, reconstruction; structural altera-
54
ion, remodeling, renovation, restoration, relocation, demo-
lition, razing, or maintenance, to restrain, correct,, or
abate such violation, to prevent any illegal act, conduct,
business, or maintenance in and about such premises. Each
day such violation continues shall constitute a separate
offense.
24.18 PARTIAL TAX EXEMPTION FOR HISTORICALLY SIGNIFICANT SITES
(1) Definition - As used in this subsection 24.18, "Historic
Site" means a historically significant site in need of
tax relief to encourage its preservation. Such phrase
does not necessarily mean a Historic District or
Historic Landmark as used elsewhere in this
(2) Granting of Exemptions - The City Council shall, by
ordinance, concurrent with the levy of taxes for each
year, approve for partial exemption from ad valorem
taxes certain historically significant sites in need of
tax relief to encourage their preservation.
(3) Partial Exemptions - Historic Sites approved for exemp-
tion by ordinance pursuant to the provisions of this
subsection shall have an exemption of seventy-five per-
cent (75%) of the assessed value of the structure and
the land. These exemptions may be applied to both resi-
dential and commercial property.
(4) Application - For each assessment year for which the
owner of property designated a Historic Site desires
such property to be partially tax exempt pursuant to
provisions of this subsection, the owner shall file with
the Historic Preservation Commission a sworn
application, not later than April 1, setting forth the
fact that the requirements of paragraph (5) of this sub-
section concerning the preservation and maintenance of
the subject structure were being fully satisfied as of
January 1 of the year for which application for exemp-
tion is being sought. Application forms are to be
available at the office of the City Tax
Assessor -Collector. The application shall affirmatively
set forth the owner's authorization for members of the
Historic Preservation Commission to visit and inspect
the historic property as well as examine the books and
records as necessary to certify whether or not the pro-
perty was being preserved and maintained as required by
paragraph (5) of this subsection and to determine what
new construction or modifications have been completed.
(5) Certification - Upon receipt of the sworn application,
the Historic Preservation Commission shall cause an
inspection of the historic property to be made and
review the books and records as to whether or not the
55
CITY SECRETARY
ORIGINAL
historic property is being preserved and maintained in
accordance with this paragraph (5) as of January I of
that year and shall certify the facts to the City Tax
Assessor -Collector not later than April 30, along with
the Commission's recommendation for approval or
disapproval of the application for exemption. The
Historic Preservation Commission shall note on the
application form any new construction or modification
which has been accomplished in accordance with the
restrictions placed on the structure by this Section.
The following items shall be used in determining whether
a Historic Site has been maintained in accordance with
minimum property, structural, and health standards:
(a) Any well, cesspool, or cistern shall be securely
covered or closed;
(b) Dead trees and tree limbs that are reasonably
capable of causing injury to a person shall be
removed;
(c) Any structure or portion of a structure which is
vacant shall be securely closed so as to prevent
unauthorized entry;
(d) Paint or other coatings shall be applied at reaso-
nable intervals so as to protect the exterior sur-
faces of a structure which are subject to decay;
(e) The exterior grounds shall be maintained free of
excessive rubbish, garbage, junk, or refuse;
(f) Screens and shutters existing at the time of
historic designation or added subsequent thereto
shall be maintained in good repair;
(g) Broken windows shall be replaced or reglazed;
(h) Exterior doors and doorways shall be maintained in
good repair and operable condition;
(1) Skirting around the structure, if any, shall be
maintained in good repair;
(j) Porch flooring and supports shall be maintained in
a sound condition, capable of bearing an imposed
load safely;
(k) Railings and handrails
balconies, porches and
shall be maintained in
afford safety;
of exterior stairs, steps,
other exterior features
a
sound condition so as to
56
(1) Rotted exterior wood shall be replaced and
repainted;
(m) Broken or partially missing gutters or downspouts
shall be replaced or repaired;
(n) Loose bricks or stones in the exterior of a struc-
ture shall be reestablished or replaced and all
joints weatherproofed by proper maintenance of
painting, and
(o) Fences and the exteriors of accessory buildings
shall be maintained in reasonable repair, including
painting if applicable.
(6) Tax Assessment of Historic Sites and Determination of
the Land Reasonably Necessary for Access and Use Thereof
The City Tax Assessor -Collector shall determine that
portion of land which is reasonably necessary for access
to and use of those historic structures for which appli-
cations for approval of. exemptions are pending, and
shall assess for taxation all such excess land in the
same equal and uniform manner as all other taxable pro-
perties in the City. The determination of the City Tax
Assessor -Collector shall be final with respect to the
amount of land reasonably necessary for access to and
use of the historic structure for which tax exemption is
sought.
The City Tax Assessor -Collector shall, not later than
June 1 of each year or as soon thereafter as is prac-
ticable and prior to the levy of taxes for the current
year, forward the application for tax exemption to the
City council after having indicated thereon the assessed
values of the historic structure and land necessary for
access to and use thereof and the assessed value of the
land determined to be in excess of that necessary for
access to and use thereof.
(7) Rendition and Assessment of Historic Sites for Ad
Valorem Taxation - The provisions of this subsection
pertaining to partial exemption of historic properties
do not change the provision of any other section of the
City Code pertaining to taxation, and the applicant's
properties shall be rendered and assessed in the same
manner as any other property in the event the City
Council elects to disapprove the application for exemp-
tion.
(S) Additional Tax - Each year during which the historic
site is granted a tax exempiton pursuant to provisions
of this subsection, the Tax Assessor -Collector shall
note on his records the assessments which would have
been made had the property not qualified for tax exempt
57
24.19
status under this subsection. In the event the City
Council shall determine that it is no longer a Historic
Site due to failure to comply with this subsection, the
property shall be subject to an additional tax. The
additional tax shall be equal to the difference between
the taxes paid or payable, under the provisions of this
section, and the amount of tax which would have been
payable for the preceding three (3) years had the land
not been approved for tax exemption under this subsec-
tion, or for a lesser number of years, if any, during
which such land has been exempt. The additional taxes
provided by this subsection shall be due and payable at
once and if not paid within ninety (90) days thereafter,
shall be deemed delinquent and shall be subject to the
same penalty and interest as other taxes for each such
year.
EXEMPTIONS FROM PROVISIONS OF THIS SECTION
Ordinary repair or maintenance which does not involve
changes in architectural a earance his exempt efromtthe/pror
general design, color, or app
visions of this section.
S$
SECTION 25
"FP" - FLOOD PLAIN DISTRICT:
FLOOD PLAIN PREFIX TO DISTRICT DESIGNATION
General Purpose and Description: To provide for the appropriate
use of land which has a history of inundation or is determined to
be subject to flood hazard, and to promote the general welfare
and provide protection from flooding portions of certain
districts are designated with a Flood Plain Prefix, FP. Areas
designated on the Zoning District Map by an FP Prefix shall be
subject to the following provisions:
25.1 Permitted Uses:' The permitted uses in that portion of any
district having a Flood Plain (FP) prefix shall be limited
to the following:
1. Agricultural activities including the ordinary cultiva-
tion or grazing of land and legal types of animal hus-
bandry but excluding construction of barns or other
outbuildings.
2. Off-street parking incidental to any adjacent main use
permitted in the district.
3. Electrical substation.
4. All types of local utilities including those requiring
specific use permits.
5. Parks, community centers, playgrounds, public golf cour-
ses (no structures), and other recreational areas.
6. Private open space as part of a Planned Residential
Development.
7. Heliport when approved by specific use _permit as pro-
vided in section 27.
8. Structures, installations and facilities installed,
operated and maintained by public agencies for flood
control purposes.
9. Bridle trail, bicycle or nature trail.
25.2 No building or structure shall be erected in that portion of
any district designated with a Flood Plain, FP, prefix until
and unless such building or structure has been approved by
the City Council after engineering studies have been made,
and it is ascertained that such building or structure is not
subject to damage by flooding and would not constitute an
encroachment, hazard, or obstacle to the movement of flood
waters and that such construction would not endanger the
value and safety of other property or the public health and
welfare.
59
SECTION 26
U5E OF LAND AND BUILDINGS
26.1 Land and buildings in each of the following classified districts
may be used for any of the following listed uses but no land
shall hereafter be used and no building or structure, shall
hereafter be occupied, used, erected, altered, removed,placed,
demolished or converted which is arranged or designed to be used
for other than those uses specified for the district in which it
is located as .set forth by the following schedule of uses:
26.2 LEGEND FOR INTERPRETING SCHEDULE OF USES
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Designates use permitted in district indicated.
Designates use prohibited in district indicated.
Designates use may be approved as Specific
Use Permit.
For alphabetical list of uses, see Section 38.
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71
CITY SECRETARY
ORIGINAL CY
GENERAL MANUrACTURXNG AND YNDUSTRIAL USES
See uses as listed in Sections 21 and 22 of this ordinance.
*Refer to relevant ZOI11►lg district regulations and descriptions of permitted
uses for further information regarding this particular use.
72a '
26.3 Any dump, excavation, storage, filling or mining operation
within that portion of a district having a Flood Plain, FP,
prefix shall be approved in writing by the City
Administrator or his designated representative before such
operation is begun.
26.4 The fact that land is not within a district having a Flood
Plain, FP, prefix shall not be interpreted as assurance that
such land or area is not subject to periodic local flooding
and the designation of the prefix in this ordinance shall
not be so interpreted. The City Council by resolution may
remove, alter or change the flood plain boundary or designa-
tion on the Zoning District Map for any district.
SECTION 27
our - SPECIFIC USE PERMIT
27.1 General Provisions: After proper notice and a public
hearing, and after recommendation from the Planning and
Zoning Commission that a specific land use is in ,general
conformance with the comprehensive plan of the city, the
City Council may grant a permit for a specific use of pro-
perty as authorized by the zoning district in which the pro-
perty is situated. An application for Specific Use permit
(SUP) shall be accompanied by a site plan drawn to scale and
showing the general arrangements of the project, together
with essential requirements such as off-street parking faci-
lities; size, height, construction materials and locations
of buildings and the uses to be permitted; location and
construction of signs, means of ingress and egress to public
streets; visual screening such as walls, landscaping and
fences; and the relationship of the intended use to all
existing properties and land uses in all directions to a
minimum distance of two hundred (200) feet. The Planning
Commission or City Council may require information,
operating data and expert evaluation concerning the location
and function and characteristics of any building or use pro-
posed.
27.2 Specific Use Permit Regulations:
1. In recommending that a specific use permit for the pre-
mises under consideration be granted, the Planning and
Zoning Commission shall determine that such uses are
harmonious and adaptable to building structures and uses
of adjacent property and other property in the vicinity
of the premises under consideration, and shall make
recommendations as to requirements for the paving of
streets, alleys and sidewalks, means of access to public
streets, provisions for drainage, adequate off-street
parking, protective screening and open space, heights of
structures and compatibility of buildings.
73
2. In granting a Specific Use Permit, the City Council may
impose conditions which shall be complied with by, the
owner or grantee before a certificate of occupancy may
be issued by the building inspector for use of the
building on such property pursuant to such Specific Use
Permit; and such conditions precedent to the granting of
the certificate of occupancy.
3. No specific use permit shall be granted unless the
applicant, owner, and grantee of the specific use permit
shall be willing to accept and agree to be bound by and
comply with the written requirements of the specific use
permit, as attached to the site plan drawing (or
drawings) and approved by the Planning and Zoning
Commission and City council. No public hearing is
necessary for site plan approval.
4. The Board of Adjustment shall not have jurisdiction to
hear, review, reverse or modify any decision, deter-
mination or ruling with respect to the granting, exten-
sion, revocation, modification or any other action taken
relating to such specific use permit.
5. Whenever regulations or restiictions imposed by this
ordinance are either more or less restrictive than regu-
lations imposed by any governmental authority through
legislation, rule or regulation, the regulations, rules
or restrictions which are more restrictive or impose
higher standards or requirements shall govern.
_ Regardless of any other provision of this ordinance, no
land shall be used and no structure erected or main-
tained in violation of any State or Federal pollution
control or environmental protection law or regulation.
6. When the City Council authorizes granting of a Specific
Use Permit, the Zoning Map shall be amended according to
its legend to indicate that the affected area has con-
ditional and limited uses, and said amendment is to
indicate the appropriate zoning district for the
approved use and suffixed by the designation "SUP."
SECTION 28
OFF-STREET PARKING AND LOADING REQUIREMENTS
_ Purpose: To secure safety from fire, panic and other dangers; to
lessen congestion in the streets; to facilitate the adequate pro-
visions of transportation; to conserve the value of buildings;
and to encourage the most appropriate use of land, minimum off-
-- street parking and loading shall be provided as set forth in the
following schedules and provisions.
74
28.1 Special Off -Street Parking Provisions - Residential_
District:
1. All required parking spaces shall be located behind the
required front setback line in the MF districts.
2. Required off-street parking shall be provided on the
same site as the use it is to serve.
3. No parking shall be allowed except on a paved concrete
or asphalt parking space.
28.2 Off -Street Loadin
Space - All Districts:
1. All retail, commercial and industrial structures having
three thousand (3,000) square feet or more of gross
floor area, either in the building or lot, shall provide
and maintain off-street parking facilities for the
loading and unloading of merchandise and goods at a
ratio of at least one (1) space for each twenty thousand
(20,000) square feet of gross floor area. A loading
space shall consist of an area of a minimum of ten (10)
by twenty-five (25) feet. All drives and approaches
shall provide adequate space and clearances to allow for
the maneuvering of trucks off-street.
2. Kindergartens, day schools and similar child training
and care establishments shall provide paved off-street
loading and unloading space on a private drive to accom-
modate one (1) motor vehicle for each ten (10) students
or children cared for by the establishment.
3. Uses not listed in Section 28.3 shall provide required
off-street parking according to the most similar use
listed in Section 28.3, as determined by the City
Council,
4. Loading docks and areas shall be located within the
building or on the lot adjacent to a public alley or
private service drive.
28.3 Schedule of Parking Requirements Based on Use:
In all districts there shall be provided at the time any
building or structure is erected or structurally altered
offstreet parking spaces in accordance with the following
requirements:
1. Bowling alley: Six (6) parking spaces for each alley
or lane.
2. Business or professional office, (general): one (1)
space per three hundred (300) square feet of gross floor
area.
75
3. Church or other place of worship: One (1) parking space
for each four (4) seats in the main auditorium. IV
4. High school, college or university: One (1) space per
each three (3) students accommodated in the institution.
5. Library, museum or art gallery: One (1) parking space
for each three hundred (300) square feet of floor area.
6. Commercial amusement: Thirty (30) spaces plus one (1)
space for each one hundred (100) square feet of floor
areas over two thousand (2000) square :Feet.
7. Day nursery: One and one-half (1.5) space per teacher.
Bank, savings and loan: One (1) space for each three
hundred (300) square feet of floor area.
Dwelling, single family: Two (2) spaces per dwelling.
Dwelling, two family: Two. (2) spaces per dwelling.
Dwellings, multi -family: Two and one-half (2.5) spaces
per unit.
12. Dwelling, single family attached: Two (2) spaces per
dwelling and an additional one-half (1/2) space per unit
for guest parking within the development.
13. Mobile home subdivision: Two (2) spaces per stand or lot.
14. Furniture or appliance store, hardware store, wholesale
establishments, machinery or equipment sales and ser-
vice, clothing or shoe repair or service: One (1)
parking space for each four hundred (400) square feet of
floor area.
15. Gasoline station: Minimum bf four (4) spaces.
16. Hospital: One and one-half (1.5) spaces per each
17. Hotel: One (1) parking space for each (1) sleeping room
or suite plus one (1) space for each two hundred (200)
square feet of commercial floor area contained therein.
Be
Lodge, or fraternal organization: One and one-fourth
(1.25) spaces per two hundred (200) square feet.
19. Manufacturing or industrial establishment, processing or
repairing: One (1) parking space for each two employees
or one (1) space for each one thousand (1,000) square
feet of floor area, whichever is greater.
76
34. Warehouse, wholesale, manufacturing and other industrial
type uses; One (1) space for one thousand (1000) square
feet of gross floor area or one (1) space per two (2)
employees..
35. Golf course: Minimum of thirty (30) parking spaces.
28.4 Rules for Computin
the
uses
number of park
the following
Number of Parking
ng spaces required
rules shall govern:
Spaces: In computing
for each of the above
1. "Floor Area" shall mean the gross floor area of the spe-
cific use.
2. Where fractional spaces result, the parking spaces
required shall be constructed to be the nearest whole
number.
3. The parking space requirement for a use not specifically
mentioned herein shall be the same as required for a use
of similar nature.
4. In the cash of mixed uses, the parking spaces required
shall equal the sum of the requirements of the various
uses computed separately.
28.5 Location of Par.kinq Spaces: All parking spaces required
herein shall be located on the same lot with the building or
use served, except as follows:
1. Where an increase in the number of spaces is required by
a change or enlargement of use or where such spaces are
provided collectively or used jointly by two (2) or more
buildings or establishments, the required spaces may be
located not more than three hundred (300) feet from an
institutional building served and not more than three
hundred (300) feet from any other non-residential
building served.
2. Not more than fifty (50) percent of the parking spaces
required for theaters, bowling alleys, cafes, or similar
uses and not more than eighty (80) percent of the
parking spaces required for a church or school audi-
torium or similar uses may be provided and used jointly
by similar uses not normally open, .used or operated
during the same hours as those listed; provided,
however, that written agreement thereto is properly exe-
cuted and filed as specified below.
In any case where the required parking spaces are not
located on the same lot with the building or use served,
or where such spaces are collectively or jointly pro-
vided and used, a written agreement thereby assuring
their retention for such purposes; shall be properly
,,
:,
20. Medical or dental office: One (1) space per three
hundred (300) square feet of floor area.
21. Mini -warehouse: Four (4) per complex plus one (1) per
five thousand (5000) square feet of storage area.
22. Mobile home park: Three (3) spaces for each mobile home
plus additional spaces as required herein for accessory
uses.
23. Mortuary or funeral home: One (1) parking space for
each two (2) persons normally accommodated in service.
24. Motel: One (1) parking space for each sleeping room or
suite plus. one (1) space for each two hundred (200)
square feet of commercial floor area contained therein.
25. Motor -vehicle salesrooms and used car lots: One (1)
parking space for each five hundred (500) square feet of
sales floor for indoor uses, or one (1) parking space
for each one thousand (100.0) square feet of lot area for
outdoor uses,
26. Nursing home:
27. Private club,
space for each
floor area or
greater.
One (1) space per four (4) beds.
country club or golf club: One parking
one hundred -fifty (150) square feet of
for every five (5) members, whichever is
28. Retail store or personal service establishment, except
as otherwise specified herein: One (1) space per two
hundred (200) square feet of gross floor area.
29. Restaurant, cafe or similar recreation or amusement
establishment: One (1) parking space for every three
(3) seats under maximum seating arrangement.
30. Rooming or boarding house: One (1) parking space for
each sleeping room.
31. Sanitarium, convalescent home, home for the aged or
similar institution: One (1) parking space for each six
(6).beds.
32. School, elementary or junior: One (1) parking space for
each four (4) seats in the auditorium or main assembly
room and one (1) space for each classroom.
33. Theater, auditorium (except school), sports arena, sta-
dium or gymnasium: One (1) parking space for each three
(3) seats or bench seating spaces.
77
(3) Qualifications
To the extent possible, the City Council shall appoint
members to' the Commission which have background in
architecture, urban design, history, or other related
professions.
(4) Chairman of Commission
The Chairman of the Commission shall be elected by a
majority of the members of the Commission. The first
Chairman shall be elected at the beginning of the first
meeting held after the members are appointed and each
successive Chairman shall be elected at the first
meeting held after new appointments to the Commission
are made each April.
(5) Functions of Commission
The Commission shall act in an advisory capacity only,
and shall have no power to bind the City by contract or
otherwise. It shall be the function of the Commission
to advise the Building Official concerning all applica-
tions for permits in the historic districts and historic
landmarks.
24.6 MEETINGS
_ The Commission shall meet at regular intervals with advance
notice posted according to the Texas Open Meeting Law.
Additionally, meetings may be called upon request of. the
Chairman, or upon written request of three (3) members, or
upon notice from the City Secretary that a matter requires
the consideration of the Commission. Upon the filing of an
application for a building permit in a historic district, or
historic landmark, the Commission shall hold a hearing
within fourteen (14) days after the date of filing of such
application. The Commission shall take final action on the
application within thirty (30) days of the filing of said
application. If action thereon is not taken within thirty
( 30 ) days after the date of filing of such application, it
shall be deemed to have been recommended for approval and a
certificate showing the filing date and the failure to take
action on the application within thirty (30) days shall be
issued by the Commission on demand. The applicant may
-- withdraw the application before the thirty (30) day period
expires and may resubmit it at a later time if additional
time is required for the preparation of information or for
research required by the Commission. A majority of the mem-
bers shall constitute a quorum, and action taken at a
meeting shall require the affirmative vote of a majority of
the appointive members in attendance.
28.6
drawn and executed by
to form by the city
cerned, approved as
shall be filed with
permit.
the parties concerned, approved as
and executed by the parties.con-
to form by the City Attorney and
the application for a building
Use of Parking Spaces - All_ Distric
parking and loading spaces shall
respective purposes and shall not
display of boats, trailers, campers,
goods, materials,, products for sale.
SECTION 29
ts: Required off-street
be used only for these
be used for storage or
motor vehicles or other
SPECIAL AND ADDITIONAL REGULATIONS
29.1 Lot Regulations:
1. Lot Area: The minimum residential lot area for the
various districts shall be in accordance with the regu-
lations for each district, except that a lot having less
area than herein required which was an official "lot of
record" prior to the adoption of this ordinance may be
used for a one -family dwelling and not lot existing at
the time.of passage of this ordinance shall be reduced
in area below the minimum requirements set forth in the
respective district.'
2. Location of Dwellings and Buildings: Only one (l) main
building for one -family and two-family use with per-
mitted accessory buildings may be located upon a lot or
unplatted tract. Every means of access shall have a
minimum width of twenty-five (25) feet. Where a lot is
used for retail and dwelling purposes, more than one (1)
man building may be located upon the lot but only when
such buildings conform to all the open space, parking
and density requirements applicable to the uses and
districts. Whenever two or more main buildings, or por-
tions thereof, are placed upon a single lot or tract and
such buildings do not face upon a public street, the
same may be permitted when the site plan for such deve-
lopment is approved by the Planning and Zoning
Commission so as to comply with the normal requirements
for platting. No parking area, storage area, or
required open space for one building shall be computed
as being the open space, yard, or area requirements for
any other dwelling or other use.
29.2 Front Yards:
1. On corner lots, the front yard setback shall be observed
along the frontage of both intersecting streets (unless
shown specifically otherwise on a final plat).
m
2. Where the frontage on one side of a street between two
intersecting streets is divided by two or more zoning
districts, the front yard shall comply with the require-
ments of the most restrictive district for the entire
frontage.
3. Where a building line has been established by a plat
approved by the City Council or by ordinance and such
line required a greater or lesser front yard setback
than is prescribed by this ordinance for the district in
which the building line is located, the required front
yard shall comply with the building line so established
by such ordinance or plat provided no such building line
shall be less than twenty (20) feet (except as approved
by "PD") .
4. The front. yard shall be measured from the property line
to the front face of the building, covered porch,
covered terrace or attached accessory buildings. Eaves
and roof extensions or a porch without posts or columns
may project into the required front yard for a distance
not to exceed four (4) feet and subsurface structures,
_ platforms or slabs may not project into the front yard
to a height greater than thirty (30) inches above the
average grade of the yard.
5. Where lots have double frontage, running through from
one street to another, a required front yard shall be
provided on both streets unless a building line for
accessory buildings has been established along one fron-
tage on the plat or by ordinance, in which event only
one required front yard need be observed.
6. Visual clearance shall be provided in all zoning
districts so that no fence, wall, architectural screen,
earth mounding or landscaping obstructs the vision of a
- motor vehicle driver approaching any street, alley or
driveway intersection.
On any corner lot for which front and side yards are
required herein, no wall, fence, structure, sign, tree,
or other planting or slope terrace or embankment may be
maintained higher than three (3) feet above the street
grade so as to cause danger or. hazard to traffic by
obstructing the view of the intersection from a point
thirty (30) feet back from the right-of-way corner.
7. Gasoline service station pump islands may not be located
nearer than eighteen (18) feet to the front property
line. An unenclosed canopy for a gasoline filling sta-
tion may extend beyond the front building line but shall
never be closer than ten (10) feet to the property line.
t�
8. Where a future right-of-way line has been established
for future widening or opening of a street or thorough-
fare upon which a lot abuts, the front or side yard
shall be measured from the future right-of-way line.
29.3 Side Yards:
1. Every part of a required side yard shall be open and
unobstructed except for (a) accessory buildings as per-
mitted herein; (b) the ordinary projections of window
sills, belt courses, cornices, and other architectural
features not more than twelve (12) inches into the
required side yard; and (c) roof eaves projecting not
more than thirty-six (36) inches into the required side
yard. Balconies shall not project into the required
side yard.
2. For multi -family structures in the MF and PD Districts,
a minimum side yard, or space between adjoining
buildings, shall be thirty (30) feet between building
walls when such walls have openings for windows and
access, and twenty (20) feet when no openings exist.
3. When a non -residentially zoned lot or tract abuts upon a
zoning district boundary line dividing that lot or tract
from a residentially zoned lot or tract, a minimum side
yard of ten (10) feet shall be provided on the non-
residential property. An opaque wood fence or masonry
wall having a minimum height of six (6) feet above the
average grade of the residential property shall be
constructed on non-residential property adjacent to the
common side (or rear) property line.
29.4 Rear Yards:
1. The required rear yard shall be open and unobstructed
from a point thirty (30) inches above the average eleva-
tion of the graded rear yard, except for accessory
buildings as permitted herein. Eaves, covered porches,
and roof extensions without structural support in the
rear yard may extend into the rear yard a distance not
to exceed four (4) feet. Balconies shall not project
into the required rear yard.
29.5 Swimming Pools:
It is the purpose of the following provisions to recognize
an outdoor swimming pool as a potential attractive nuisance
and to promote the safety and enjoyment of property rights
be establishing rules and regulations governing the .location
and improvement of swimming pools whether privately,
publicly or commercially owned or operated.
1. Permits and Approvals: No swimming pool shall be
constructed or used until a swimming pool building.per-
mit and a certificate of occupancy have been issued
therefor. No building permit and no final certificate
of occupancy shall be issued unless the proposed sani-
tary facilities and water supply comply with applicable
local and State health department regulations.
2. Requirements: A swimming pool may be constructed and
operated when:
a. the pool is not located in any required front or
side yard abutting a street;
b. a wall or fence, not less than six (6) feet in
height, with self -enclosing and self -latching gates
at all entrances, completely encloses either the
pool area or the surrounding yard area;
c. all lighting of the pool is shielded or directed
to face away from adjoining residence. If lights
are not individually shielded they shall be so
placed, or the enclosing wall or fence shall be so
designed, that direct rays from the lights shall
not be visible from adjacent properties,
broadcasting system is used for the purpose of
advertising the operation of the pool or for the
attraction of persons to the premises. This shall
not prevent a public address system necessary or
useful to the supervision of the pool and the
safety of swimmers; and
e. the swimming pool is no closer then eight (8) feet
from any property line.
SECTION 30
ACCESSORY BUILDING REGULATIONS
30.1 In a residential or apartment district, an accessory
building is a subordinate building exceeding one hundred
twenty (120) square feet of floor area, attached to or
detached from the main building, without separate bath or
kitchen facilities, not used for commercial purposes and not
rented.
30.2 In other districts, an accessory building is a subordinate
building, the use of which is incidental to and used only in
conjunction with the main building.
30.3 No accessory building shall exceed twenty-five (25) feet in
height, nor shall it be greater in" height than the main
structure.
30.4 Area Regulations for
Apartment Districts:
1. Size of Yards:
a. Front Yard:
shall have
building
district.
located in
Accessor
Buildings in Residential and
Attached front
a front yard not
as specified
Detached accessory
the area defined as the
or
accessory
less than
in the
buildings
rear yard.
buildings
the main
particular
shall be
b. Side .Yard: There shall be a side yard not less
than eight (8) feet from any side lot line, alley
line, or easement line, except that adjacent to a
side street, the side yard shall never be less than
twenty (20) feet.
c. Rear Yard: There shall be a rear yard not less
than ten (10) feet from any lot line, alley line,
or easement line. Carports, garages, or other
accessory buildings,, located within the rear por-
tion of a lot as heretofore described shall not be
located closer than fifteen (15) feet to the main
building nor nearer than eight (8) feet to any side
lot line.
d. Any garage constructed in a residential or apart-
ment district shall be set back not less than
twenty (20) feet from any street or alley line on
_ which it faces.
SECTION 31
SIGN REGULATIONS
A. COMPLIANCE REQUIRED
It shall be unlawful to install, erect, change the use of or
maintain any sign, or contract for such service within the
City of Sanger, except in compliance with the provisions of
this section and any other applicable city regulations.
B. DEFINITIONS
The following definitions shall be applicable to this
section:
1. City of Sanger - for the purpose of this section, the
City of Sanger shall be defined as the total and
complete area of land situated within the corporate city
limits of said city including the adjoining extraterri-
- torial jurisdiction of the city.
2. Nonconforming Sign - any sign that is lawfully located
__ at the time of the effective date of this section and
which does not conform to the requirements of this sec-
tion.
3. NoncomplyincL Sign - any sign that is placed, located or
erected on any property or structure in the City of
Sanger after the effective date of this section which
does not comply with the requirements of this section.
4. Name Plate - an accessory sign showing only the name and
_ address of the owner or occupant of the premises on
which it is erected or placed.
5. Real Estate Sign - a temporary accessory sign pertaining
to the sale, rental or lease of the_.property on which
the sign is placed.
_ 6. Construction Sign - a temporary accessory sign iden-
tifying the property owner, architect, contractor,
engineer, landscape architect, decorator or financial
institution involved in the design, construction,
financing or improvement of the premises on which the
sign is located.
7. Development Sign - a temporary accessory sign related to
the promotion of new developments and located on the
premises involved in the development.
8. Institutional Sign - an accessory sign for the identity
of a school, church, hospital or similar public or
quasipublic institution.
9. Apartment Name Sign - an accessory sign for the iden-
tification of an apartment building or complex of apart-
ment buildings.
(10) Agricultural Sign - an accessory sign identifying the
farm or ranch on which it is placed and advertising the
produce, crops, animals or poultry raised or quartered
thereon.
(11) General Business Sign -
device which advertises
offered on the premises
where such sign is not
painted bulletin type,
cally for the location.
(12) Billboard,
which usua
an accessory sign or graphic
the commodities or services
where such signs are located and
of the billboard, posterpanel or
but is a sign designed specifi-
Posterpanel or Painted Bulletin - large signs
services not
y promotes and
limited to being
which such signs are
located.
advertises commodities or
offered on the premises on
(13) Portable Advertising Sign - a sign which is not per-
manently attached to the ground, a structure or another
sign, is designed to permit removal from one location to
another for reuse, does not principally refer to the
sale, lease or rental of the real property upon which
such sign is situated, and whose message can be changed
or altered by interchangable letters, numbers or panels.
(14) Garay eZOccasional Sale Sign - a temporary sign used to
designate the address, time or place of a sale of
miscellaneous items on private property.
(15) Temporary Political Sign - a sign used exclusively to
identify a candidate, place or ballot measure for a
designated election.
161 Other Terms - for the purpose of this section shall have
the meaning normally ascribed in the sign business.
C. SCHCUULG OC' USLS PCRMT'CTCD
The classes of zoning use disL•ricts in which the various types of
signs are permitted are indicated by L•he following schedule:
MAXIMUM
ARCh DISTRICT SPACING PCRMIT
TYPE SIGN irillNAYn rn..Ft
- - ---
a.nrvvrtrw
ItL' U11fLU
Name Plate
1
All Districts
None
No
Name Plate
50
D-1,D-2, D-3,
None
No
I-1, I-2
Institutional
16
All Residential
Districts
None
No
Institutional
72
D-1, }3-2, D-7,
None
No
I•-1, I-2
Apartment
SO
All Districts
(1) Per Street
No
Frontage
Business
200
D-1, D-2, D-J,
(1) Per
Yes
I-1, I-2
Dusiness
billboard 'Type
400
I-1, I-2
1000 feet apart
Yes
Agriculture
100
A
(1) Per Farm
Yes
(1) Per Lot;
Real Lstate
10
All Districts
On Acreage (1)
No
Per 200' Road
Frontaye
Construction
60
All Districts
None
No
(1) Per Project
Development
200
All Districts
or (1) For
No
Gacli l00 Acres
in Project
Garaye/Occasional
3
A1l Districts
(1) Per Lot or
No
Tract
Porl•able Advertising
72
D-1, D-2, D-7
(l) Per Lot or
No
I-1, I-2
Tract
86
(1) No sign shall be constructed to exceed the maximum
building height permitted in the specific class of
zoning use district where the sign is located, except as
provided in subsection D(9). In no event shall any sign
or any supporting structure to which said sign is
affixed exceed a height of sixty feet (60');
(2) No sign shall be located or constructed so as to inter-
fere with or confuse the control of traffic on the
public streets and no sign shall use a rotating beacon,
beam or flashing illumination resembling an emergency
signal;
(3) Any nonconforming sign which is damaged or is
deteriorated to a point where its restoration cost
exceed fifty percent (50%) of its replacement value
shall be removed by the sign owner;
(4) No billboard, posterpanel or painted bulletin sign
structure shall contain more than one (1) sign panel
facing in the same direction nor more than two (2) sign
panels per structure;
(5) Temporary political signs shall not be erected prior to
forty-five (45) days of the election date and said signs
must be removed within ten (10) days after the comple-
tion of the election, including any run-off election.
Said signs may not be larger than thirty-two (32) square
feet in area and not more than one (1) sign for each
candidate or ballot measure may be erected on one (1)
lot or tract of land. No political sign may be placed,
erected or allowed to remain upon any portion of the
public street right-of-way of the City of Sanger,
(6) No portable advertising sign shall be located within ten
feet (10') of the edge of the traveled portion of any
public street of the City of Sanger;
(7) In the LR (local retail) and LB (local business)
districts, no sign mounted at ground level shall exceed
thirty-six (36) square feet in area, and no pole sign
shall exceed sixty (60) square feet in area,
(8) No sign shall be erected so as to project into the
public right-of-way of any street or alley;
(9) No sign shall be located or erected within the required
front yard, except one (1) pole sign not exceeding
eighty (80) square feet in area may be erected on sites
utilized by gasoline service stations, drive-in gro-
ceries or similar quick service retail establishments;
87
(10) One (1) garage/occasional sale sign not to exceed three
(3)°square feet in area shall be permitted upon the.,pro-
perty where the sale is to take place. Any other signs
at any location remote from the site of the sale are
prohibited, except two (2) directional signs not to
exceed three (3) square feet in area shall be permitted.
Such directional signs shall be free-standing,, not to
exceed three (3) square feet in area and shall not be
attached to utility poles or city sign posts; sign to be
removed within three (3) days after the sale by
person(s) holding the sale,
(11) Development. signs will be removed by the developer after
completion of the development of eighty-five percent
(85%) of the project advertised.
E, DESIGN
All signs shall be designed and constructed to wind
pressures as outlined in Chapter 23 of the Uniform Building
Code, 1982 Edition,
F. OBSTRUCTING TRAFFIC VISIBILITY AT CORNERS
On any corner lot on which front and side yards are
required, no obstruction greater than one foot (1') in
diameter or width is permitted vertically between three and
one-half feet (31) and ten feet (10') above the curb grade
in a triangle formed by legs of forty feet (401) extending
horizontally in each direction from the property corner.
G. MAINTENANCE
All signs and advertising structures shall be maintained in
good and safe structural condition, shall be painted on all
exterior parts, unless coated or made of rust resistable
material, and shall be maintained in good condition of
appearance. If, upon inspection by the building official, a
sign is not found to conform to the above, written notice
shall be given to the owner giving the owner thirty (30)
days to either put the sign in acceptable condition or
remove the sign.
H. REMOVING OBSOLETE SIGNS
All signs relating to a product no longer available for
__ purchase .by the public and all signs relating to a business
which is closed or has moved away shall be removed or the
advertising copy shall be removed, and painted wall signs
shall be painted over with a color that resembles or matches
the wall. If the owner of, or person responsible for the
sign, or if the tenant closing the business fails to remove
or paint over the sign, the owner of the premises shall be
responsible and the work shall be done within thirty (30)
days following the date of obsolescence.
FIR
I. PERMIT REQUIRED
When a permit
the permit fee
for a permit.
such forms as
tion shall be
and location of
J. VARIANCES
is required as indicated in subsection C,
shall be ten dollars ($10.00). Application
shall be submitted to the city secretary on
may be required by the city. The applica-
accompanied by a drawing indicating the size
the sign on the property.
When it appears that the provisions of this section would
work a manifest injustice or an unnecessary hardship, a
person may appeal to the city council for a variance from
the provisions of this section. Such variance may be
granted subject to special restrictions and for a fixed
time subject to expiration at the discretion of the city
council.
Pages,90 and 91 are blank
SECTION 32
PLATTING PROPERTY NOT PERMANENTLY ZONED
32.1 The Planning and Zoning Commission shall not approve any
plat of any subdivision within the city limits until the
area covered by the proposed plat shall have been per-
manently zoned by the City Council.
32.2 The Planning and Zoning Commission shall not approve any
plat or any subdivision within any area where a petition or
ordinance for annexation or a recommendation -for annexation
to the City is pending before the City Council unless and
until such annexation shall have been approved by resolution
by the City Council,
32.3 In the event the Planning and Zoning Commission holds a
hearing on proposed annexation, it may, at its discretion,
hold a contemporaneous hearing upon the permanent zoning that
is to be applied to the area or tract to be annexed. The
Commission may make a recommendation on both matters to the
City Council and the City Council may, at its discretion,
act contemporaneously on the matters of permanent zoning and
annexation,
SECTION 33
CLASSIFICATION OF NEW AND UNLISTED USES
33.1 It is recognized that new types of land use will develop and
forms of land use not anticipated may seek to locate in the
City. In order to provide for such changes and contingen-
cies, a determination as to the appropriate classification
92
of any new or unlisted form of land use shall be made as
follows:
1. The building inspector shall refer the question con-
cerning any new or unlisted use to the Planning and
Zoning Commission requesting an interpretation as to the
zoning classification into which such use should be
placed. The referral of the use interpretation question
shall be accompanied by a statement of facts listing the
nature of the use and whether it involves dwelling acti-
vity, sales, processing, type of product, storage and
amount, and nature thereof, enclosed or open storage,
anticipated employment, transportation requirements, the
amount of noise, odor, fumes, dust, toxic material and
vibration likely to be generated and the general
requirements for public utilities such as water and
sanitary sewer.
2. The Planning and Zoning Commision shall consider the
nature and described performance of the proposed use and
its compatibility with the uses permitted in the various
districts, and determine the zoning district or
districts within which such use should be permitted.
3. The Planning and Zoning Commission shall transmit its
findings and recommendations to the City Council as to
the classification proposed for any new or unlisted use.
The City Council shall be resolution approve the recom-
mendation of the Planning and Zoning Commission or make
such det4ermination concerning the classification of
such use as is determined appropriate based upon its
findings.
4. Standards for new and unlisted uses may be interpreted
as those of a similar use. When determination of the
minimum requirements cannot be readily ascertained, the
same process outlined in paragraphs 1, 2, and 3 above
shall be followed.
SECTION 34
CREATION OF BUILDING SITE
34.1 No permit for the construction of a building or buildings
upon any tract or plot shall be issued until a building
site, building tract, or building lot has been created by
compliance with one of the following conditions:
1. The lot or tract if part of a plat of record, properly
approved by the Planning and Zoning Commission, and
filed in the Plat Records of Denton County, Texas.
93
t
2. The plot, tract or lot faces upon a dedicated street and
was separately owned prior to the effective date of.this
ordinance. or prior to annexation to the City, whichever
is applicable, in which event a building permit for only
one main building conforming to all the requirements of
this ordinance may be issued on each such original
separately owned parcel without first complying with
Paragraph 1 preceding.
3. The plot or tract is all or part of a site plan offi-
cially approved by the Planning and Zoning Commission
and compliance has been made with provisions and impro-
vements approved on such site plan for all utility and
drainage easements, dedication of streets, alleys and
other public improvements required to meet the standards
established for the platting of land.- Any and all
plots, tract or lots must be provided access via a
public street or drive.
SECTION,35
NON -CONFORMING USES AND STRUCTURES
35.1 A non -conforming status shall exist when:
1. a use or structure which does not conform to the regula-
tions prescribed in the district in which such use or
structure is located was in existence and lawfully
operating prior to the adoption of the previous Zoning
Ordinance and has been operating since without discon-
tinuance; or
2. on the effective date of this ordinance, the use or
structure was (a) in existence and lawfully constructed,
located and operating in accordance with the provisions
of the previous Zoning Ordinance or (b) was a non-
conforming use thereunder and does not now conform to
the regulations herein prescribed for the district in
which the use or structure is located.
35.2 No non -conforming use or structure may be expanded or
increased beyond the lot or tract upon which such noncon-
forming use is located as of the effective date of this
ordinance except to provide off-street loading or off-street
parking space upon approval of the Board of Adjustment.
35.3 Repairs and normal maintenance may be made to a non-
conforming building provided that no structural alterations
or extensions shall be made except those required by law or
ordinance, unless the building is changed to a conforming
use.
35.4 Any non -conforming use may be changed to a conforming use
and once such change is made, the use shall not thereafter
be changed back to a non -conforming use.
35.5 Where a conforming use is located in a non -conforming struc-
ture, the use may be changed to another conforming use by
securing a Certificate of Occupancy from the Building
Official.
35.6 Whenever a non -conforming use is abandoned, all non-
conforming rights shall cease and the use of the premises
shall thenceforth be in conformity with this ordinance.
Abandonment shall involve the intent of the user or owner to
discontinue a non -conforming operation and the actual act of
discontinuance. Discontinuance of a business or the vacancy
of a building or premises occupied by a non -conforming use
for a .period of six (6) months shall be construed as conclu-
sive proof of intent to abandon the non -conforming use. Any
non -conforming use not involving a permanent type of struc-
ture which is moved from the premises shall be considered to
have been abandoned.
35.7 If a non -conforming structure or a structure occupied by a
non -conforming use is destroyed by fire, act of God or other
cause, it may not be rebuilt except to the provisions of
this ordinance. In the case of partial destruction of a
non -conforming use not exceeding sixty (60) percent of its
reasonable value, reconstruction may be permitted after a
hearing and favorable action by the Board of Adjustment, but
the size and function of the non -conforming use shall not be
expanded.
SECTION 36
PLANNING AND ZONING COMMISSION
36.1 Creation: The Planning and Zoning Commission of the City of
Sanger (hereinafter the Commission), established by
Ordinance No. 76-4, City of Sanger, Texas -is hereby con-
tinued in existence.
36.2 Membership:
1. The Commission shall be composed of seven (7) members
who shall be resident citizens and qualified voters of
the City. Appointments to the Commission shall be made
by the mayor, subject to the confirmation by the City
Council. Members shall serve from July 1 of the year of
appointment for staggered terms of two (2) years, and
may be re -appointed to successive terms of office sub-
ject to approval by the City Council. The members of
the Commission shall be identified by place numbers one
- (1) through seven (7). The even numbered places shall
95
expire in the even numbered years; the odd numbered pla-
ces shall expire in the odd numbered years. Newly
appointed members shall be installed at the first regu-
lar Commission meeting after their appointment.
Vacancies by death, resignation, disqualification or
otherwise shall be filled for the unexpired term by
appointment of the mayor subject to confirmation .by the
City Council. All expired terms shall be filled in the
same manner as the original appointments.
2. Members of the Commission may be removed by the mayor
subject to consent of the City Council. Prior to such
action, good cause, demonstrated in writing, shall be
provided the member in question, and a public hearing of
the City Council shall be held.
3. The members of the Commission shall serve without com-
pensation.
4. The Commission shall elect a chairman and a vice-
chairman from its membership. The chairman shall call
and preside over all meetings of the Commission, and the
vice-chairman shall perform all the duties of the chair-
man in his absence.
36.3 Bylaws: The Commission shall have the power to make rules,
regulations and bylaws for its own government, which rules
shall conform as nearly as possible to the rules governing
the City Council; provided, however, that such rules shall
be subject to approval by the City Council. Such bylaws
shall include, without limitation, provisions for the
following:
1. Election, term of office, duties and removal of officers
of the Commission;
2. Method of calling and conducting regular and special
meetings all of which shall be open to the public;
3. Keeping records of its proceedings, all of which shall
be open to the public; and
4. Reporting to the City Council and. the public of its
recommendations and activities.
36.4 The Commission shall further have the authority to employ
such qualified persons as may be necessary for the proper
conduct of its undertakings, and to pay for the services of
such persons and other necessary expenses; provided,
however, that the cost of such services and expenses shall
not exceed the amount appropriated by the City Council for
the use of the Commission.
36.5 Powers and Duties: The Commision shall have the power and
the duty to make and recommend for adoption a master plan,
as a whole or in parts, for the future development and
redevelopment of the City and all land under its control, and
it shall further be its duty to prepare a comprehensive plan
and ordinance for zoning the City in accordance with the
law. The Commission shall further perform such other duties
as may be prescribed by state law.
SECTION 37
ZONING BOARD OF ADJUSTMENT
The word "Board" when used in this ordinance shall be construed
to mean the Zoning Board of Adjustment.
37.1 Organization and Procedure:
1. Establishment: A Board of Adjustment is hereby
established in accordance with the provisions of Article
1011g, Revised Civil Statutes of Texas, regarding the
zoning of cities and with the powers and duties as pro-
vided in said statutes.
2. Membership: The Board shall consist of five citizens
each to be appointed or re -appointed by the Mayor and
confirmed by the City council, for staggered terms of
two years respectively, with terms to begin on July 1 of
the year of appointment. Each member of the Board shall
be removable for just cause by City Council upon written
charges and after public hearings. Vacancies shall be
filled by the City Council for the unexpired term of any
member whose term becomes vacant. The Board shall elect
its own chairman, who shall serve for a period of two
(2) years or until his successor is elected. The City
Council may appoint four (4) alternate members of the
Board who shall serve in the absence of one or more
regular members when requested to do so by the Mayor or
City Secretary. Alternate members, when appointed,
shall serve for the same period as regular members and
any vacancies shall be filled and alternate members
removed in the same manner as regular members.
The members of the Board shall be identified by place
_ numbers one (1) through five (5). The even -numbered
places shall expire in the even -numbered years; the odd -
numbered places shall expire in the odd -numbered years.
The alternate members of the Board shall be identified
by place numbers one (1) through four (4). The even -
numbered places shall expire in the even -numbered years;
the odd -numbered places shall expire in the odd -numbered
years.
97
All regular and all alternate members are to be
appointed to place numbers as specified by the .City
Council upon adoption of this ordinance.
3. Rules and Regulations: The Board shall adopt rules and
regulations and keep minutes of its proceedings, showing
the vote of each member. The board shall adopt from
time to time such additional rules and regulations as it
may deem necessary to carry into effect the provisions
of the ordinance and shall furnish a copy of the same to
the building Inspector, all of which rules and regula-
tions shall operate uniformly in al.l cases. All of its
resolutions and orders shall be in accordance therewith.
All proceedings of the Board shall be a public record,
and all meetings shall be open to the public, except as
specified by state law.
4. Meeting: .Meetings of the Board shall be held at the
call of the chairman, upon written petition of three (3)
regular members of the Board, and at such other times as
the Board may determine. The chairman or acting chair-
man may administer oaths and compel the attendance of
witnesses. All meetings, hearings or proceedings shall
be heard by at least four (4) members or alternate mem-
bers of the Board.
37.2 A eals:
1. Procedure: Appeals may be taken to and before the Board
of Adjustment by any person aggrieved, or by any
officer, department, board, or bureau of the city. Such
appeal shall be made and specifying the grounds thereof.
The office or department from which the appeal is taken
shall forthwith transmit to the Board of Adjustment all
of the minutes constituting the record upon which the
action appealed from was taken.
2. Stay of Proceedings: An appeal shall stay all pro-
ceedings in furtherance of the action appealed from
unless the Building Inspector shall certify to the Board
of Adjustment that by reason of facts in the certificate
a stay would, in his opinion, cause imminent peril to
life or property, in which case proceedings shall not be
stayed otherwise than by a restraining order which may
be granted by the Board of Adjustment or by a court of
equity, after notice to the office from whom the appeal
is taken and on due cause shown.
3. Notice of Hearing on _A eal: The Board shall fix a
reasonable time for the hearing of the appeal or other
matter referred to it, and shall mail notices of such
hearing to the petitioner and to the owners of property
lying within two hundred (200) feet of any point of the
�'Zt3
lot or portion thereof on which a variation is desired,
and to all other persons deemed by the Board to be
affected thereby. Such owners and persons shall be
affected thereby. Such owners and persons shall be
determined according to the current tax rolls of the
city. Depositing of such written notice in the mail
shall be deemed sufficient compliance therewith.,,
4. Decision by Board: The Board shall decide the appeal
within a reasonable time. Upon the hearing, any party
may appear. in person or by agent or attorney. The Board
may reverse or affirm wholly or partly or may modify the
_ order, requirements, decisions or determination as in
its opinion ought to be made in the premises and to that
end shall have all powers of the officer or department
from whom the appeal is taken.
5. The concurring vote of four (4) members of the board
shall be necessary to revise any order, requirement,
decision or determination of any such administrative
official or to decide in favor of the application on any
matter upon which it is required to pass under this
ordinance or to affect any variance in said ordinance.
37.3 Powers and Duties of Board:
1. Subpoena Witnesses, Etc.: The Board shall have the
power to subpoena witnesses, administer oaths and punish
for contempt, and may require the production of docu-
ments, under such regulations as it may establish.
2. Appeals Based on Error; The Board shall have the power
to hear and decide appeals where it is alleged there is
error of law in any order, requirements, decision or
determination made by the Building Inspector in the
enforcement of this ordinance. Except as otherwise pro-
- vided herein, the Board shall have, in addition, the
following specific powers:
a. To permit the erection and use of a building or the
use of premises for railroads if such uses are in
general conformance with the Master Plan and pre-
sent, no conflict or nuisance to adjacent
properties.
b. To permit a public utility or public service or
--- structure in any district, or a public utility of
public service building of a ground area and of a
height at variance with those provided for in the
district in which such public utility or public
service building is permitted to be located, when
found reasonably necessary for the public health,
convenience, safety, or general welfare.
c. To grant a permit L-or the extension of a use,
height or area regulation into an adjoining
district, where the boundary line of the district
divides a lot in a single ownership on the effec-
tive date of this ordinance.
d. To permit the reconstruction of a non -conforming
building which has been damaged by explosion, fire,
act of God, or the public enemy, to the extent of
more than ninety (90) percent of its fair market
value, where the Board finds some compelling
necessity requiring a continuance of the non-
conforming use.
e. To waive or reduce the parking and loading require-
ments in any of the districts, when (i) the
character of use of the building is such as to make
unnecessary the full provision of parking or
loading facilities; or (ii) when such regulations
would impose an unreasonable hardship upon the use
of the lot. The Board shall not waive or reduce
such requirements merely to the purpose of granting
an advantage or a convenience.
3. Variances: An application or request for a variance
shall not be heard or granted with regard to any parcel
of property or portion thereof upon which a concept
plan, detail site plan or development plan, preliminary
plat or final plat required by this ordinance has not
_ been finally acted upon by both the Planning and Zoning
commission and the City Council. All administrative
procedures and requirements of this ordinance, regarding
both Planning and Zoning Commission and City Council
consideration and action, applicable to concept plans,
detail site plans, preliminary plats and final plats
must be exhausted prior to requesting a variance from
-- the terms of this ordinance.
a. The Board shall have the power to authorize. upon
appeal in specific cases such variance from the
terms of this ordinance as will not be contrary to
the public interest where, owing to special con-
ditions, a literal enforcement of the provisions of
this ordinance will result in unnecessary hardship
and so that the spirit of this ordinance shall be
observed and substantial justice done. In exe-
cuting its power to grant such variances, the Board
may:
(i) permit a variance in the yard requirements of
any district where there are unusual and prac-
tical difficulties or unnecessary hardships in
the carrying out of these provisions due to an
-- irregular shape of the lot, topographical or
100
other conditions, provided such variance will
not seriously affect any adjoining property or
the general welfare; and
(ii) authorize upon appeal, whenever a property
owner can show that a strict application of
the terms of this ordinance relating„to the
construction or alterations of buildings or
structures will impose upon him unusual and
practical difficulties or particular hardship,
such variances from the strict application of
the terms of this ordinance as are in harmony
with its general purpose and intent, but only
when the Board is satisfied that a granting of
such variation will not merely serve as a con-
venience to the applicant, but will alleviate
some demonstrable and unusual hardship or dif-
ficulty so great as to warrant a variance from
the standards or regulations established by
this ordinance and at the same time, the
surrounding property will be properly pro-
tected. Financial hardship shall not be con-
sidered grounds for the issuance of a
.variance.
b. A written application for variance shall be sub-
mitted together with the required fee, accompanied
by an accurate legal description, maps, site plans,
drawings and any necessary data, demonstrating:
(i) .that special conditions and circumstances
exist which are peculiar to the land, struc-
ture or building involved and which are not
applicable to other lands, structures, or
buildings in the same district;
(ii) that literal interpretation of the provisions
of this ordinance would deprive the applicant
of rights commonly enjoyed by other properties
in the same district under the terms of this
ordinance;
(iii) that the special conditions and circumstances
do not result from the actions of the
applicant;
(iv) that granting the variance requested will not
confer on the applicant any special privilege
that is denied by this ordinance to other
lands, structures or buildings in the same
district; and
101
(v) no non -conforming use of neighboring lands,
structures, or buildings in the same district
.and no permitted use of lands, structures, or
buildings in other districts shall be con-
sidered grounds for the issuance of a
variance.
4. Changes: The Board shall have no authority to change
any provisions of this ordinance and its jurisdiction is
limited to time. The Board may not change the district
designation of any land either to a more restrictive or
less restrictive zone.
sECTION 38
RULES OF CONSTRUCTION AND SPECIAL DEFINITIONS
38.1 General Rules of Construction: The following rules of
construction shall apply to the interpretation of words used
in this ordinance:
1. words used in the present tense include the future ten-
se;
2. words used in the singular number include the plural
number;
3. words in the plural number include the singular number;
4. the words "building" and "structure" are synonomous;
5. the words "lot", "plot" and "tract" are synonomous; and
6. the word "shall" is mandatory and not discretionary.
- 38.2 Special Definitions: Except to the extent a particular pro-
vision specifies otherwise, the following definitions shall
apply throughout this ordinance:
1. Accessory Use or Building - A use or building subor-
dinate to and detached from the main building and used
for purposes customarily incidental to the primary use
of the premises.
- 2. Airport or Landing Field - An area improved for the
landing or take -off of aircraft approved by the City of
Sanger for operation as an aircraft landing facility.
3. Al]-ey - A public space or thoroughfare which affords
only secondary means of access to property abutting
thereon.
102
4. Antique Shop - An establishment offering for sale,
within a building, articles such as glass, china, .fur-
niture or similar furnishings and decorations which have
value and significance as a result of age, design or
sentiment.
5. Apartment - A room or suite of rooms in a multi -family
dwelling or apartment house designed or occupied as a
place of residence by a single family, individual or
group of individuals.
6. Apartment House - Any building or portion thereof, which
is designed, built, rented, leased or let to be occupied
as a home or place of residence by three or more fami-
lies living in independent dwelling units.
7. Area of the Lot or_Building Site - The area shall be the
net area of the lot or site and shall not include por-
tions of streets and alleys.
8. Art Gallery or Museum - An institution for the collec-
tion, display and distribution of objects of art or
science and which is sponsored by a public or quasi -
public agency and which facility is open to the general
public.
9. Basement - A building story which is partly underground,
but having at least one-half of it height above the
average level of the adjoining ground. A basement shall
not be counted as a story in computing building height.
10. Block - An area enclosed by streets and occupied by or
intended for buildings; where this word is used as a
term of measurement, it shall mean the distance along a
side of a street between the nearest two streets which
intersect said street on said side.
11. Board - Zoning Board of Adjustment.
12. Boarding or Rooming House - A building, other than a
hotel or multiple family dwelling, where lodging is pro-
vided for five (5) or more persons for compensation, and
where facilities for food preparation are not provided
in individual rooms.
13. Building - Any structure built for the support, shelter
and enclosure of persons, animals, chattels or movable
property of any kind. When subdivided in a manner suf-
ficient to prevent the spread of fire, each portion so
subdivided may be deemed a separate building.
14. Building Ends - Those sides of a building having the
least dimension as compared to the front or rear of a
building. As used in the building spacing regulations
103
for multiple -family
shall mean. the most n
of whether it fronts
the lot or adjoins
building.
dwelling, the term "building end"
arrow side of a building regardless
upon a street, faces the rear of
the side lot line or another
15. Building Inspector - The Building Official or, *charged with the enforcement of the zoning and building
codes of the City.
16. Building Line - A line parallel or approximately
parallel to the street line at a specified distance
therefrom constituting the minimum distance from the
street line that a building may be erected.
17. Building Material Sales - The sale of new building
materials and supplies indoors with related sales for
hardware, carpet, plants, electrical and plumbing
supplies all of which is oriented to the retail
customer, rather than contractor or wholesale customer.
18. Building Official - The Building Inspector.
19. Cellar - A building story with more than one-half its
height below the average level of the adjoining ground.
A cellar shall not be counted as a story in computing
building height.
20. Certificate of Occupancy and Compliance - An official
certificate issued by the City through the enforcing
official indicating conformance with or approved con-
ditional waiver from the zoning regulations and
authorizing legal use of the premises for which it is
issued.
21. Church or Rectory - A place of assembly and worship by a
recognized religion including without limitation synago-
gues, temples, churches, instruction rooms and the place
of residence for ministers, priests, rabbis, teachers
and directors on the premises.
22. City Administrator - Chief administrative officer of the
City of Sanger, Texas.
23. City Council - The governing body of the City of Sanger,
Texas.
24. Clinic, Medical or Dental - Facilities for examining,
consulting and treating patients including offices,
laboratories and outpatient facilities, but not
including hospital beds and rooms for acute or chronic
care.
104
25. Club, Private - A club room or suite of rooms or a
building available to restricted membership for
meetings, dining and entertainment. Such facilities may
include a private tennis court, swimming pool or similar
recreation facilities, none of which are available to
the general public.
26. College or Univertsity - An academic institution of
higher learning, accredited or recognized by the State
and covering a program or series of programs of academic
study.
27. Commercial Amusement (Indoor) - An amusement enterprise
wholly enclosed and operated within an acoustically
treated building such as a bowling alley or pool hall.
28. Commercial Amusement (Outdoor) - An amusement enterprise
offering entertainment to general public such as golf
driving range, pitch and putt course, archery, miniature
golf and similar outdoor activities but not including
go-cart racing, drag strips, auto racing or motorcycle
racing.
29. Community Center (Private)- A building or group of rooms
designed and used as an integral part of a residential
project by the tenants of such a project for a place of
meeting, recreation or social activity and under the
management and unified control of the operators of the
project. A private community center shall not be
operated as a place of public meetings or as a business
nor shall the operation of such facility create noise,
odor or similar conditions preceptible beyond the
bounding property line of the project site.
30. Community Center (Public) - A building and grounds owned
and operated by a governmental body for the social,
recreational, health or welfare of the community served.
31. Convalescent Home - Any structure used for or custo-
marily occupied by persons recovering from illness or
suffering from infirmities of age.
32. Country Club (Private) - An area of twenty (20) acres or
more containing a golf course and a clubhouse and
available only to private specific membership, such a
club may contain adjunct facilities such as private
club, dining room, swimming pool, tennis courts and
similar recreational or service facilities.
33. Court - An open, unoccupied space, bounded on more than
two sides by the walls of a building. An inner court is
a court entirely surrounded by the exterior walls of a
building. An outer court is a court having one side
open to a street, alley, yard or other permanent space.
105
34. Coverage -.The percent of a lot or tract covered by the
roof or first floor of a building. .
35. Day Nursery, Day Camp or Kindergarten School - An
establishment where four (4) or more children are left
for care or training during the day of portion thereof
including a recreation area with or without a building
where children engage in supervised training or
recreation during daylight hours.
36. Depth of Lot - The mean horizontal distance between the
front and rear lot lines.
37. District - A section of the City for which the regula-
tions governing the area, height or use of the land and
buildings are uniform.
38. Dwelling, Multiple -Family - Any building or portion
thereof, which is designed, built, rented, leased or let
to be occupied as three or more dwelling units or apart-
ments or which is occupied as a home or residence of
three or more families.
39. Dwelling, One -Family - A dwelling unit having accom-
modations for and occupied by not more than one family,
or by one family and not more than four (4) boarders and
lodgers.
40. Dwelling, Two -Family - A detached building having
separate accommodations for and occupied by not more
than two families, or by two families and not more than
four (4) boarders and lodgers.
41. Dwelling Unit - A building or portion of a building
which is arranged, occupied, or intended to be occupied
as living quarters and includes facilities for food pre-
- paration and sleeping.
42. Eating Place Without. Drive -In or Curb Service - Any
eating establishment, cafeteria, restaurant or inn where
food service is offered to customers not in automobiles.
43. Family - Any number of individuals living together as a
- single housekeeping unit, in which not more than four
(4) individuals are unrelated by blood, marriage or
adoption.
44. Farm Accessory Building - An accessory structure on a
tract qualifying as a farm as herein defined for storing
or housing the usual projects and animals raised or
maintained on a farm, such as a barn, poultry house,
stable, machinery shed or granary. No structure housing
animals or poultry shall be located nearer than one
hundred (100) feet to the bounding property lines of the
farm tract.
106
45. Farm, Ranch, Garden or Orchard - An area of five (5)
acres or more which is used for growing of usual farm
products, vegetables, fruits, trees and grain and for
the raising thereon of the usual farm poultry and farm
animals such as horses, cattle and sheep and including
the necessary accessory uses for raising, treating and
storing products raised on the premises, not, including
the commercial feeding of offal or garbage to swine or
other animals and not including any type of agriculture
or husbandry specifically prohibited by ordinance or
law.
46. Fire, Police or Municipal Building - Any public service
building of the municipal government including a library
or City Hall, but excluding storage yards, utility shops
and equipment centers.
47. Floor Area - The total square feet of floor space within
the outside dimensions of a building including each
floor level, but excluding cellars, carports, garages or
porches.
48. Floor Area Ratio - The ratio of total building floor
area to lot area.
49. Golf Course (Commercial) - A golf course, privately
owned but open to the public for a fee and operated as a
commercial venture.
50. Guest House (detached) - A secondary structure on a lot
or tract containing dwelling accommodations excluding
kitchen facilities and separate utility services or
meters and intended for the temporary occupancy by
guests and not for rent or permanent occupancy.
51. Height - The vertical distance of a building measured
from the average established grade at the street line on
from the average natural front yard ground level,
whichever is higher, to (1) the highest point of the
roof's surface if a flat surface, (2) to the deck line
of mansard roofs or (3) to the mean height level between
eaves and edge for hip and gable roofs and, in any
event, excluding chimneys, cooling towers, elevator
bulkheads, penthouses, tanks, water towers, radio
towers, ornamental cupolas, domes or spires, and parapet
walls not exceeding ten (10) feet. Tf the street grade
has not been officially established, the average front
yard grade shall be used for a base level.
52. Heliport or Heliatop - A landing facility for rotary
wing aircraft which may include fueling or servicing
facilities for such craft and subject to approval by the
City of Sanger.
107
53. Home for Abed, Residence - A home where elderly people
are provided with lodging and meals without nursing.care
being a primary function.
54. Home Occupation - A home occupation is an occupation
customarily carried on in an existing structure of the
property by not more than two t2) employees, one of whom
must be the owner of the business being conducted at the
location. A person who engages in a home occupation
shall not use an advertising sign larger than two and
one-half (2.5) square feet in size, said sign to be
nonilluminated and attached to the structure in which
the business is conducted. A person who engages in a
home occupation shall not display or store materials
and/or equipment for sale or use outside of the struc-
ture in which the business is conducted. A person who
engages in a home occupation may conduct outdoor activi-
ties other than storage of materials and/or equipment
provided the activities are screened from adjacent pro-
perties and public easements and rights -of -way by a
solid fence of at least six (6) feet in height, shall
not involve the use of motorized equipment, and shall
not generate loud and raucous noise that renders the
enjoyment of life and property uncomfortable or inter-
feres with public peace and comfort. The storage of
firewood for public sale and the temporary outdoor
display or holiday -related merchandise, such as
Christmas trees, are specifically exempted from the out-
door storage, display, and fencing regulations of this
ordinance. Temporary outdoor display of holiday -related
merchandise shall be limited to a total thirty t30) day
display period for any particular merchandise item(s).
55. Hospital
( eneral acute care) - An institution where
njured ppatients are given medical or surgical
treatment intended to restore them to health and an
active life, and which is licensed by the State of
Texas.
__ 56. Hospital (chronic care) - An institution where those
persons suffering from generally permanent types of
illness, injury, deformity, deficiency or age are given
care and treatment on a prolonged or permanent basis,
and which is licensed by the State of Texas.
57. Institution for Alcoholic, Narcotic
— Patients - An institution off
patient treatment to alcoholic,
patients.
58. Kindergar.ten or Nurser
more than three
training during
(3)
chiatric
ering resident or out -
narcotic or psychiatric
School -
or
0
An establishment
children are
the day
or portion
where
housed for care or
thereof .
108
59.
60.
Library, Art Gallery or Museum
Lion for the loan or display of
science which is sponsored by
quasi -public agency and which
available to the general public.
Light Fabrication and
tion, assembly or manu
not limited to jewelry,
similar items, which
noise, odor, vibration,
(public) - Any institu-
books, objects of art or
a public or responsible
in is open and
Assembly Processes - The fabrlca-
facture of products, including but
trimming decorations, signs, and
does not involve generation of
dust or hazard.
61. Living Unit - The room or rooms occupied by a family and
which includes cooking facilities.
62. Local Utility Line - The usual electric power,
telephone, gas, water, sewer, and drainage lines
designed and constructed by the municipality or a
franchised utility company to serve a community with
urban type services.
63. Lodging House - A building where lodging for five (5) or
more persons is provided in exchange for compensation.
64. Lot Coverage - The percentage of the total area of a lot
occupied by the base (first story of floor) of buildings
located on the lot or the area determined as the maximum
cross -sectional area of the building.
65. Lot Depth - The mean distance between the front and rear
lot lines.
66. Lot Lines - The lines bounding a lot as defined herein.
67. Lot of Record - A lot which is part of a subdivision, a
plat of which has been recorded in the office of the
county clerk of Denton County; or a parcel of land, the
deed for which is recorded in the office of the county
clerk of Denton County prior to the adoption of this
ordinance.
68. Lot or Building Site - Land occupied or to be occupied
by a building and its accessory building, and including
such open spaces as are required under this ordinance,
and having its principal frontage upon a public street
or officially approved place.
69. Lot Width - The width of a lot at .the front building
lines.
70. Main Building - The building or buildings on a lot which
are occupied by the primary use.
109
71. Manufactured Modular Home - "Modular Home" means a
structure or building module as defined by statute and
under the jurisdiction and control of the Texas
Department of Labor and Standards, installed and used as
a residence by a consumer, transportable in one or more
sections on a temporary chassis or other conveyance
device, and designed to be used on a permanent, foun-
dation system. The term includes the plumbing, heating,
air-conditioning, and electrical systems contained in
the structure. The term does not include a mobile home
as defined by statute; nor does it include building
modules incorporating concrete or masonry as the primary
structural component.
72. Manufacturing Processes - Uses restricted from other
zoning districts but permitted in the"I-1" and "T-2"
districts under this definition are manufacturing and
industrial uses which do not emit dust, smoke, odor,
gas, fumes., or present a possible hazard beyond the
bounding property lines of the lot or tract upon which
the use or uses are located, and which do not generate
noise or vibration at the boundary of the lot or tract
which is generally perceptible in frequency or pressure
- above the ambient level of noise or vibration in the
adjacent areas.
_ 73. Mobile Home - Means a structure constructed on or after
June 15, 1976, according to the rules of the United
States Department of Housing and Urban Development,
transportable in one or more sections, which, in the
traveling mode, is eight body feet or more in width or
40 body feet or more in length, or, when erected on
site, is 320 or more square feet, and which is built on
- a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when
connected to the required utilities, and includes the
plumbing, heating, air conditioning and electrical
systems. References in this ordinance to "mobile
home(s)" shall be taken to be references to HUD Code
manufactured home(s).
74. Mobile Home Park - A tract or parcel of land used to
accommodate mobile home units and accessory structures
as a semi -permanent place of residence.
75. Mobile Home Subdivision - A tract of land subdivided
_ into lots which are designed as permanent sites for
mobile or relocatable homes and which are served by
separate utilities, dedicated street access on a legally
filed plat, and are capable of being conveyed as
separate lots. _
76. Motel _or _Hotel - A building or group of buildings
designed for and occupied as a temporary abiding place
110
of individuals and providing
with customary hotel services
vice, telephone and upkeep of
six ( 6 ) or more room units
such as linen, maid�.ser-
furniture.
77. Multiple Family Dwelling - Any building or portion
thereof which is designed, built, rented, leased or let
to be occupied as three or more dwelling units or,apart-
ments or which is occupied as a home or place of resi-
dence by three or more families living in independent
dwelling units.
78. Non -conforming Use - A building, structure or use of
land lawfully occcupied at the tune of the effective
date of this ordinance or amendments thereto and which
does not conform to the use regulations of the district
in which it is situated.
79. Nursing Home or Residence Home for Aged - A place of
residence or care for persons suffering from infirmities
o.f age or illness where care is provided on a prolonged
or permanent basis. This term shall include a con-
valescent home.
80. Occupancy - The use or intended use of the land or
buildings by proprietors or tenants.
81.
Off -Street Parking Incidental to Mair
parking spaces provided in accordance
ments specified by this Ordinance and
or tract occupied by the main use or
(200) feet of such lot or tract and
same zoning district as the main use
parking district.
� Use - Off-street
with the require -
located on the lot
within two hundred
located within the
or in an adajacent
82. Open Space - Area included in any side, rear or front
yard or any unoccupied space on the lot that is open and
unobstructed to the sky except for the ordinary projec-
tions of cornices, eaves, porches and plant material.
83. Park or Playground (Public) - An open recreation faci-
lity or park owned and operated by a public agency such
as the City of Sanger or the School Board and available
to the general public for neighborhood use but not
involving lighted athletic fields for nighttime play.
84. Parking Lot or Structure, Commercial (Auto) - An area or
structure devoted to the parking or storage of automo-
biles for a fee, may include, in the case of a parking
structure only, a facility for servicing of automobiles
provided such facility iS primarily an integral function
for use only by automobiles occupying the structure and
creates no special problems of ingress or egress.
111
85. Planning and Zoning Commission - The agency appointed by
the City Council as an advisory body authorized to.pro-
vide recommendations to the council on matters relating
to planning and zoning decisions to be considered by the
council.
86.
Plant Nurti
of plant
building,
storage of
ery or Greenhouse - Retail or wholesale sales
materials and supplies either enclosed in a
lath house, or in the open and with related
equipment for landscape contracting.
87. Pl_�field or
stadium owned
general public
football field
nighttime play.
and operated
including a
or
stadium
baseball
by a public agency for the
field, golf course,
which may be lighted for
88. Private Club - See Club, Private.
__ 89. Private Garage - An accessory building housing vehicles
owned and used by occupants of the main building; if
occupied by vehicles of others, it is a storage space.
- 90. Private School - An academic institution other than a
public or parochial elementary or secondary school,.
including private elementary and secondary schools and
- institutions of higher learning.
91. Private Utility. (Franchised) - A utility such as one
distributing heat, chilled water, closed circuit televi-
sion or similar service and requiring a franchise to
operate in the City of Sanger.
92. Public Building, Shop or Yard of Local, State or Federal
Agency - Facilities such as office buildings, other than
City Hall, Library, Police or Fire Station, maintenance
- yards and shops required by branches of Local, State or
Federal`Agencies for service to an area such as Highway
Department yard, City Service Center or Experiment
Station.
93. Quick -Service Food and Beverage Shop - An establishment
offering food or beverage to customers either through an
automobile pick-up window or a walk-up window, and with
eating space provided within the building.
_ 94. Radio, Television or Microwave Towers - Structures sup-
porting antenna for transmitting or receiving any por-
tion of the radio spectrum but excluding non-commercial
antenna installations for home use of radio or televi-
sion.
95.
Radio, T.V.
of household
and A
�liance Repair
and home equipment,
- A shop for the repair
such as electrical
112
appliances, lawn mowers, tools and similar items where
all such items are stored within a building.
96. Residence - Same as dwelling; when used with district,
an area of residential regulations.
97. Restaurant or Cafeteria (Not of Drive -In Type) - An
establishment serving food to the general public in spe-
cific, designated dining areas and shall not include
drive-in establishments where food is eaten in automo-
biles,
98. Restaurant or Eating Establishment (Drive -In Service) -
An establishment designed and constructed to serve food
for consumption on the premises in an automobile and
which establishment may or may not have on -premises
dining room or counter.
99.
Retail Shop, Apparel, Gift, Accessory and Similar Items
- Small retail shops such as dress shops or gift shops
serving specific neighborhood areas as differentiated
from department stores or discount stores having com-
munity wide service importance.
100. Rooming House - (see Lodging House).
101. School, Business - A business organized to operate for
a profit and offering instruction and training in a ser-
vice or art such as secretarial school, barber college,
beauty school or commercial art school, but not
including manual trade shcools.
102. School_, Commercial, Trade or Craft - A business
operating for profit and offering instruction and
training in a trade such as welding, brick laying,
machinery operation and other similar manual trades.
103. School, Public or Denominational - A school and custo-
mary accessory uses under the sponsorship of a public or
religious agency having a curriculum generally equiva-
lent to public, elementary or secondary schools, but not
including private, trade or commercial schools.
104. Second Hand Store, Furniture or Clothing - An establish-
ment offering for sale used merchandise, with the
storage and display of such items wholly contained
inside a building or structure.
105. Sign - An outdoor advertising device that is a structure
or that is attached to or painted on a building or that
is leaned against a structure for display on premises.
106. Sin
on
le Family
(attached) -
a platted lot or separate building
Dwellin
A building located
site which is
113
107.
designed for and occupied by not more than one (1)
family and which is attached by one or more common
walls) to another similar single family dwelling unit.
An attached dwelling shall be designed to permit separa-
tion from an adjoining dwelling in the event either
dwelling is caused to be removed.
Single Famil
located on a
is designed
family.
Dwelli
platted
for and
ng (detached) -
lot or separate
occupied by no
A detached building
building site which
t more than one (1)
108. Stable, Commercial - A structure housing
are boarded or rented to the public or any
than a private stable; but not including
auction or similar trading activity.
horses which
stable other
� sale barn,
109. Stable (private) - An accessory building set back from
adjacent property lines a minimum distance of one
hundred (100) feet and used for quartering horses, not
to exceed one (1) horse per one and one half (1.5) acre
area of a farm or lot.
110. Street - Any thoroughfare or public driveway, other than
an alley, more than thirty (30) feet in width, which has
been dedicated or deeded to the public for public use.
111. Street Line - A
parcel of
way.
land
dividing line between a lot, tract or
and a contiguous street, the right-of-
112. Story - The height between the successi-ve floors of a
building of from the top floor to the roof. The stan-
dard height for a story is eleven (11) feet, six (6)
inches.
113. Structural Alterations - Any change in the supporting
member of a building, such as a bearing wall, column,
beams or girders.
114. Structure - (Same as Building.)
115. Studio: Art, Music, Ceramics,
Similar Skills -
for instructing,
speech, dance or
Dance and
A building or rooms in a buildi
coaching or counseling in
similar personal skills or arts.
Drama, Speech
ng used
drama,
116. Swimming Instruction as a Home Occupation - The teaching
of swimming in a private swimming pool. In a residen-
tial area, the offering of swimming instuction in a pri-
vate pool is subject to the approval of a Specific Use
Permit which may specify operating conditions and stan-
dards and may limit the number of students and operating
time.
114
117. Swimming .Pool (Commercial) - A swimming pool with
accessory facilities, not part of the municipal or
public recreational system and not a private swim club,
but where the facilities are available to the general
public for a fee.
118. Swimming Pool (private) - A swimming pool constructed
for the exclusive use of the residents of a single
family, two-family or apartment dwelling and located
within the. required side or rear yards; however, a pool
shall not be located closer than eight (8) feet to any
property line.
119. Telephone Exchange, Switching and Transmitting
Equipment Only - A switching or transmitting station
owned by a public utility but not including business
office facilities, storage or repair shops or yards.
120. Tem op racy Field or Construction Office - Temporary
office buildings and temporary building material storage
areas to be used solely ,for construction purposes in
connection with the property on which they are erected
may be permitted for a specified period of time in
accordance with a permit issued by the Building
Official.
121. Tennis Court, Private - A surface designed and
constructed for playing the game of tennis along with
all fencing, nets and related appurtenances but
excluding lighting for night play in residential areas
except as may be otherwise provided or restricted by the
Specific Use Permit.
122. Thoroughfare - (Same as Street.)
123. Two Family Dwellin�c - A single detached building located
on a platted lot or building site designed for and
occupied by not more than ,two (2) families.
124. Variance - An adjustment in the application of the spe-
cific regulations of the Zoning Ordinance to a par-
ticular parcel of property which, because of special
conditions or circumstances peculiar to the particular
parcel, is necessary to prevent the property from being
deprived of rights and privileges enjoyed by other par-
cels in the same vicinity and zoning district.
125. Wrecking or Auto Salvage Yard - A yard or building where
automobiles or parts of automobiles or machinery are
stored, dismantled and/or offered for sale in the open
as whole units, as salvaged parts or as processed metal.
126. Yard - An open space, other than a court, on the lot in
which a building is situated and which is not obstructed
115
from a poiground
point forty (40) inches above the general
level of the graded lot to the sky, except as provided
for roof overhang and similar special architectural
features and plant material.
127. Yard, front - An open, unoccupied space on a lot facing
a street extending across the front of a lot between the
side lot lines and from the main building to the front
lot or street line with the minimum horizontal distance
between the street line and the main building line as
specified for the district in which it is located.
128. Yard, rear - an open, unoccupied space, except for
accessory buildings as herein permitted, extending
across the rear of a lot from one side lot line to the
other side lot line and having a depth between the
building and the rear lot line as specified in the
district in which the lot is situated.
129. Yard, side - An open, unoccupied space or spaces on one
side or two sides of a main building and -on the same lot
with the building, situated between the building and a
side line of the lot and extending through from the
front yard to the rear yard. Any lot line not the rear
line or front line shall be deemed a side line.
130. Zoning District Map - the official certified map upon
which the boundaries of the various zoning districts are
drawn and which is an integral part of this ordinance.
131. Zoo (Private) - A facility housing and displaying live
animals, reptiles or birds, privately owned and operated
for a fee or for the promotion of some other enterprise.
132. Zoo (Public) - A publicly owned
owned and operated by the City o
society where live animals, bird
ciled and displayed.
SECTION 39
zoo or similar facility
r a nonprofit zoological
s and reptiles are domi-
BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY
39.1 General Requirements: No permanent structure may be
constructed or otherwise located within the city limits
prior to issuance of a building permit by the building
inspector. No permanent structure constructed or otherwise
located within the city limits may be occupied prior to
issuance of a certificate of occupancy by the building
inspector. No change in the existing conforming use of a
permanent structure or of land to a use of a different
classification under this ordinance,&and no change in the
116
legally conforming use of a permanent structure or of land
may take place prior to issuance of a certificate of occu-
pancy by the building inspector.
39.2 Procedure for New or Altered Buildings: Plans for any per-
manent structure to be constructed or otherwise located
within the city limits must be approved by the building
inspector who, upon approval, shall issue a building permit.
A complete application for a building permit shall contain
details of foundation and structure sufficient to determine
compliance with applicable provisions of the National
Building Code. Upon submission of a complete application,
the building inspector shall issue a building permit.
After issuance of a building permit and prior to issuance of
a certificate of occupancy, the building inspector shall
conduct a foundation, plumbing, electrical and framing
inspection. After such inspection, the building inspector
shall issue a certificate of occupancy if the plans and the
results of the inspection comply with the provisions of all
applicable ordinances and regulations.
39.3 Procedure for Vacant Land or a Change in Use: Written
application for a Certificate of Occupancy for the use of
vacant land, or for a change in the use of land or a
building, or for a change in a non -conforming use, as herein
provided, shall be made to said Building Inspector. If the
proposed use is in conformity with the provisions of this
ordinance, the Certificate of Occupancy therefor shall be
issued within ten (10) days after the application for same
has been made.
39.4 Contents of Certificate of Occupancy: Every Certificate of
Occupancy shall state that the building or the proposed use
of a building or land complies with all provisions of the
building and fire laws and ordinances. A record of all
Certificates of Occupancy shall be kept on file in the
office of the building inspector or his agent and copies
shall be furnished on request to any person having
proprietary or tenancy interest in the building or land
affected.
39.5 Temporary Certificate: Pending the issuance of a regular
certificate., a temporary certificate of occupancy may be
issued by the building inspector for a period not exceeding
six t6) months during the completion of alterations or
during partial occupancy of a building pending its comple-
tion. Issuance of a temporary certificate shall not be
construed to alter the respective rights, duties, or obliga-
tions of the owner or of the City relating to the use oc-
cupancy of the premises or any other matter covered by this
ordinance. .
39.6 Certificates for
occupancy
Non -conforming Uses:
__
shall be required for all law u
A certificate of
non -conforming
`�
117
uses of land or buildings created by adoption of this ordi-
nance. Application for such certificate of occupancy f.or a
non -conforming use shall be filed with the building inspec-
tor by the owner or lessee of the building or land occupied
by such non -conforming use within one (1) year of the effec-
tive date of this ordinance. It shall be the duty of the
building inspector to issue a certificate of occupancy, for a
lawful non -conforming use, but failure to apply for such
certificate of occupancy for a non -conforming use shall be
evidence that said non -conforming use was either illegal or
did not lawfully exist at the effective date of this ordi-
nance.
SECTION 40
CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES
AND DISTRICTS AND ADMINISTRATIVE PROCEDURES
40.1 Declaration of Polite: The City declares the enactment of
these regulations governing the use and development of land,
buildings, and structures to be a measure necessary to the
orderly development of the community. Therefore, no change
shall be made . in these regulations or in the boundaries of
the zoning districts except:
1. To correct any error in the regulations or map.
2. To recognize changed or changing conditions or cir-
cumstances in a particular locality.
3. To recognize changes in technology, style of living, or
manner of doing business.
40.2 Authority to Amend Ordinance: The City Council may from
time to time, after receiving a final report thereon by the
Planning and 'Coning Commission and after public hearings
required by law, amend, supplement, or change the regula-
tions herein provided or the classification or boundaries of
the zoning districts. Any amendment, supplement, or change
to the text of the Zoning Ordinance and any change in the
classification or boundaries of the zoning districts may be
ordered for consideration by the City Council, may be ini-
tiated by the Planning and Zoning commission, or may be
requested by the owner of affected real property or the
authorized representative of an owner of affected real pro-
perty.
40.3 Public Hearing and Notice: Prior to making a report to the
City Council, the Planning and Zoning Commission shall hold
at least one, public hearing on each application. Written
notice of all public hearings on proposed changes in
118
CITY SECRETARY
ORIGINAL COPY
district classification or boundaries shall be sent to all
owners of property, or to the person rendering the same for
_. city taxes, located within the area of application and
within two hundred (200) feet of any property affected
thereby, within not less than ten (10) days before such
hearing is held. Such notice may be served by using the
last known address as listed on the city tax roll and depo-
siting the notice, postage paid, in the United States mail.
Notice of hearings on proposed changes in the text of the
Zoning Ordinance and on proposed changes in district classi-
fication or boundaries shall be published at least once not
less than fifteen (15) days prior thereto in the official
newspaper of the City.
40.4 Commission Consideration and Report: The Planning and
Zoning Commission, after the public hearing is closed, shall
prepare its report and recommendations on the proposed
change stating its findings, its evaluation of the request
and of the relationship of the request to the Comprehensive
Plan. The Planning and Zoning Commission may defer its
report for nor more than ninety (90 ) days until it has had
opportunity to consider other proposed changes which may
have a direct bearing thereon. In making its determination,
the Planning and Zoning Commission shall consider the
following factors:
1. Whether the uses permitted by the proposed change will
be appropriate in the immediate area concerned and their
relationship to the general area and the City as a
whole.
2. Whether .the proposed change is in accord with any
existing or proposed plans for provising public schools,
streets, water supply, sanitary sewers and other utili-
ties to the area and shall note the findings.
3. The amountof vacant land currently classified for simi-
lar development in the vicinity and elsewhere in the
City, and any special circumstances which may made a
substantial
4. The recent rate at which land is being developed in the
same zoning classification as the request, particularly
in the vicinity of the proposed change.
5. The manner in which other areas designated for similar
_. .development will be, or are likely to be, affected if
the proposed amendment is approved, and whether such
designation for other areas should also be modified.
6. Any other factors which will substantially affect the
public health, safety, morals or general welfare.
119
40.5 Council Consideration:
1. Proposal Recommended for Approval: Every proposal which
is recommended favorably by the Planning and Zoning
Commission shall be forwarded to the Council for a
public hearing thereon. No ordinance change shall
become effective until after the adoption of th,e, ordi-
nance and its publication as required by law.
2. Proposal Recommended for Denial: When the Planning and
Zoning Commission determines that a proposal should be
denied, it shall so report and recommend to the Council
and notify the applicant. When a proposed zoning
request is heard by the City Council that has been
denied by the Planning and Zoning Commission, a three -
fourths (3/4) majority vote by the City Council shall be
required for approval. A request which has been denied
by the Planning and Zoning Commission and/or City
Council may be resubmitted at any time for recon-
sideration by the City (a new filing fee must accompany
the request). The Planning and Zoning Commission and/or
City Council may specifically deny any request with pre-
judice. If a request has been specifically denied with
prejudice, the request may not be resubmitted to the
City for one (1) year from the original date of denial.
3e Council Hearing and Notice: Required notice of City
council hearing shall be given by publication in the
official newspaper of the city, stating the time and
place of such hearing, which shall be at least fifteen
(15) days after the date of publication.
4. Three -Fourths Vote: A favorable vote of three -fourths
(3/4) of all members of the City Council shall be
required to approve any change in zoning when written
objections are received which comply with the provisions
of Article 101le, Revised Civil Statutes of Texas. If a
protest against such proposed amendment, supplement or
change has been filed with the City Secretary, duly
signed and acknowledged by the owners of twenty (20)
percent or more of (a) the area of the lots or land
included in such a proposed change or (b) the lots or
land immediately adjoining the same and extending two
hundred (200) feet therefrom (measured without regard to
city streets or other public right of way), such amend-
ments shall not become effective except by a three -
fourths (3/4) vote of the City Council.
40.6 Final Approval
zoning reques
mit a metes an
(30) days for
The amending
months, the
Council,
and Ordinance Adoption: Upon approval of the
may be
t by the City Council, the applicant shall sub-
d bounds description to the City within thirty
the preparation of
,
ordinance shall be
zoning request, at
recalled for a new
the amending ordnance
i
approved within six (6)
the option of the City
public hearing.
120
SECTION 41
PRESERVING RIGHTS IN PENDING LITIGATION
41.1 By the passage of this ordinance, no presently illegal use
shall be deemed to have been legalized unless such use spe-
cifically falls within a use district where the actual use
is a conforming use. Otherwise, such uses shall remain non-
conforming uses where recognized, or an illegal use, as the
case may be. It is further the intent and declared purpose
of this ordinance that no offense committed and no liabi-
lity, penalty or forfeiture, either civil or criminal,
incurred prior to the time the existing zoning ordinance was
amended in its entirety by this Ordinance, shall be
discharged or affected by such repeal; but prosecution and
suits for such offenses, liabilities, penalties, or for-
feitures may be instituted or causes presently pending may
be proceeded with in all respects as if such prior ordinance
had not been amended.
SECTION 42
PENALTX FOR VIOLATIONS
Any person or corporation violating any of the provisions of this
ordinance shall upon conviction be fined the sum of two hundred
dollars ($200) per day; and each and every day that the provi-
sions of this ordinance are violated shall constitute a separate
and distinct offense. In addition to the said penalty provided
for, the right is hereby conferred and extended upon any property
owner owning property in any district where such property owner
may be affected or invaded by a violation of the terms of the
ordinance to bring suit in such court or courts having jurisdic-
tion thereof and obtain such remedies as may be available at law
and equity in the protection of the rights of such property
owners.
SECTION 43
VALIDITY, SEVERENCE AND CONFLICT
- If any section, paragraph, subdivision, clause, phrase or provi-
sion of this ordinance shall be adjudged invalid or held
unconstitutional, the same shall be served from and shall not
affect the validity of this ordinance as a whole or any part or
provision thereof other than the part so dedicated to be invalid
or unconstitutional. It is intended that this ordinance entirely
_ replace and supercede all provisions of the existing zoning ordi-
nance, Ordinance No. 1964-2 of the City of Sanger, Texas, as
amended. To the extent any provision of this Ordinance conflicts
with other ordinances of the City of Sanger the terms of this
-- ordinance shall control.
121
CITY SECRETAFjy
ORIGINAL Copy
PASSED AND APPROVED on this the _ 3rd day of August
19870
ATTEST:
Cit}
SIGNED:
Mayor
122
MINUTE ORDER
At the regular City Council meeting of the Sanger City Council held on
August 3, 1987 in the Council Chambers at City Hall, 2a 1 Bolivar Street, the
following item was discussed and/or acted upon by the City Council.
6. Consider and Possible Action on Approval for the new Zoning
Ordinance.
Lee Lawrence made a presentation on this item.
Motion was made by Carolyn Adkins to accept the new zoning
ordinance. Seconded by Jerry Jenkins. Motion carried.
{a} Presentation of Subdivision Ordinance
Discussion -This item to be on the agenda for August 15th
I, Rosalie Chavez, City Secretary for the City of Sanger, do hereby certify that
the above minutes of the described meeting are a true and correct account
of the proceeding held on the 3rd day of August, 1987.
Given under my hand and seal of the City of Sanger, this 22nd day of March,
1994.
S