HomeMy Public PortalAboutOrdinance No. 522-84 10-15-1984 ORDINANCE N0. 522
AN ORDINANCE REPEALING ORDINANCE N0. 16, AS
AMENDED, ESTABLISHING ZONING REGULATIONS AND DIVID-
ING THE ENTIRE CITY OF RICHLAND HILLS INTO
DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN
AND REGULATING THE USE AND HEIGHT OF BUILDINGS, THE
SIZE OF YARDS, THE DENSITY OF POPULATION, THE SIZE,
HEIGHT AND LOCATION OF SIGNS, NONCONFORMING
STRUCTURES AND USES, ADOPTING A ZONING MAP SHOWING
THE LOCATION AND BOUNDARIES OF THE VARIOUS
DISTRICTS AND USE AREAS, AND PROVIDING FOR
EXCEPTIONS, AND ISSUANCE OF LICENSES, METHODS OF
ENFORCEMENTS, INTERPRETATION OF ZONING MAP, A BOARD
OF ADJUSTMENT, PRESCRIBING ITS DUTIES AND
OPERATION, A PLANNING AND ZONING BOARD, ZONING OF
NEW TERRITORY UPON EXTENSION OF CITY LIMITS,
PENALTIES FOR VIOLATION, FUTURE CHANGES AND
AMENDMENTS, DEFINING VARIOUS TERMS AND WORDS USED
IN THE ORDINANCE, PROVIDING A SAVING CLAUSE, A
PENALTY, ESTABLISHING AN EFFECTIVE DATE, AND
PROVIDING FOR PUBLICATION.
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WHEREAS, pursuant to Article lOllf, V.T.C.S., the Richland
Hills City Council on July 18, 1984 passed Ordinance No.
510 calling a public hearing for July 9, 1984, to be
held jointly with the Richland Hills Planning and Zoning
Commission at the Richland Hills City Hall, 3200 Diana
Drive, Richland Hills, Texas, to consider a proposed compre-
hensive zoning ordinance for the city;
WHEREAS, notice of such public hearing was mailed to all
real property owners who had rendered their said property
for city taxes as appeared on the last approved city tax
rolls, such notice having been given not less than ten (10)
days before such hearing and such notice having also been
published at least fifteen (15) days before such hearing;
WHEREAS, such hearing was held and the proposed zoning map
and ordinance exhibited for public inspection and comment;
and
WHEREAS, the planning and zoning commission has made a final
report containing recommendations following such public
hearing and the city council has held a public hearing after
publication of notice of the time and place thereof at least
fifteen (15) days prior thereto; and
• WHEREAS, the following zoning regulations reflect and repre-
sent a comprehensive plan for the purposes set forth in such
ordinance and map;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF RICHLAND HILLS, TEXAS:
SECTION l: AUTHORITY
This ordinance is prepared under the authority of Section 1,
Art. lOlla, Vernon's Civil Statutes of the State of Texas,
to promote health, safety, morals, and for the protection
and preservation of places and areas of historical and
cultural importance and significance, or the general welfare
of the community, and the legislative body is empowered to
regulate and restrict the height, number of stories, and
size of buildings, and other structures, the percentage of
lot that may be occupied, the size of the yards, courts, and
other open spaces, the density of population, and the loca-
tion and use of buildings, structures, and land for trade,
industry, residence, or other purpose; and, in the case of
designated places and areas of historic and cultrual impor-
tance, to regulate and restrict the construction, altera-
• tion, reconstruction, or razing of buildings and other
structures.
SECTION 2: PURPOSE
These zoning regulations are made in accordance with the
spirit of the comprehensive plan and designed to lessen
congestion in the streets; to secure safety from fire, ~
panic, and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent
overcrowding of land; to avoid undue concentration of popu-
lation; to facilitate the adequate provision of transpor-
tation, water, sewerage, schools, parks, and other public
requirements. These regulations are made with reasonable
consideration, among other things, to the character of the
district and its peculiar suitability for particular uses,
and with a view to conserving the value of buildings and
encouraging the most appropriate use of land throughout the
city.
SECTION 3: ADMINISTRATION, ENFORCEMENT AND FEES
A. ADMINISTRATION
• The city administrator is hereby designated by the city
council as the administrative official to supervise the
administration and enforcement of this ordinance. The
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• city administrator may be provided with the assistance
of such other persons or consultants as the city council
may direct.
If the administrative official finds that any of the
provisions of this ordinance are being violated, he
shall notify in writing the person responsible for such
violations, indicating the nature of the violation and
ordering the action necessary to correct it. He shall
order discontinuance of illegal use of land, buildings,
or structures, removal of illegal buildings or struc-
tures or of illegal additions, alterations, or struc-
tural changes, discontinuance of any illegal work being
done; or shall take any other action authorized by this
ordinance to insure compliance with or to prevent viola-
tion of its provisions.
B. VIOLATION AND PENALTIES
The owner or general agent of a building or premises
where a violation of any provision of the regulations of
this ordinance has been committed or shall exist, or the
lessee or tenant of an entire building or entire premi-
ses where such violation has been committed or shall
exist, or the owner, general agent, lessee, or tenant of
. any part of the building or premises in which such
violation has been committed or shall exist, or the
general agent, architect, builder, contractor, or any
other person who commits, takes part or assists in any
such violation or who maintains any building or premises
in which any such violation shall exist shall be guilty
of a misdemeanor punishable by a fine of not less than
ten dollars ($10.00) or not more than one thousand
dollars ($1,000.00) for each and every day that such
violation continues.
C. INTERPRETATION AND APPEALS
It is the intent of this ordinance that all questions of
interpretation and enforcement shall be first presented
to the administrative official, and that such questions
shall be presented to the zoning board of adjustment
only on appeal from the decision of the administrative
official, and that recourse from the decisions of the
zoning board of adjustment shall be to the courts as
provided by law.
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D. CITY COUNCIL DUTIES
i It is further the intent of this ordinance that the
duties of the city council in connection with this ordi-
nance shall not include hearing and deciding questions
of interpretation and enforcement that may arise. The
procedure for deciding such questions shall be as stated
in this ordinance. Under this ordinance the city coun-
cil shall have only the duties of considering and
adopting or rejecting proposed amendments or the repeal
of this ordinance, as provided by law, and, of
establishing a schedule of fees and charges as stated in
subsection E herebelow.
E. FEES
The city council shall, by resolution, establish a sche-
dule of fees, charges, and expenses and a collection
procedure for the administration, permits, certificates
of occupancy, zoning change requests, zoning board of
adjustment appeals and other matters pertaining to this
ordinance. The schedule of fees shall be posted in the
office of the zoning administrative official, and may be
altered or amended only by action of the city council.
Until all applicable fees, charges, and expenses have
been paid in full, no action shall be taken on any
application or appeal.
SECTION 4: DEFINITIONS
A. GENERAL INTERPRETATION
For the purpose of this title, certain terms and words '
are defined and shall have the meanings ascribed in this
chapter unless it is apparent from the context that dif-
ferent meanings are intended.
Words used in the present tense include the future,
words in the singular number include the plural, and
words in the plural number include the singular; the
word "building" includes the word "structure", except as
otherwise specified. The term "used" means "used or
intended to be used, or arranged or designed for use".
The term "occupied" means "occupied or intended to be
occupied, or arranged or designed for occupancy". The
word "including" means "including but not limited to".
(1) Accessory Building - means a subordinate building
use of which is incidental to that of the main
building on the same lot.
(2) Administrative Official - is the officer or other
designated authority charged with the administra-
• tion and enforcement of this Ordinance, or his duly
authorized representative.
• (3) Alley is a public minor way which is used primarily
for secondary vehicular service access to the back
or side of properties otherwise abutting on a
street or highway.
(4) Apartment - is a room or suite of rooms in an
apartment house arranged, designed or occupied as a
dwelling unit residence by a single family, indivi-
dual, or group of individuals living together as a
single housekeeping unit.
(5) Apartment Hotel - is any building larger than an
apartment house designed or built to be occupied as
a series of separate apartments and by persons
living independently of each other.
(6) Apartment House - is any building, or portion
thereof, which is designed, built, rented, leased,
let or hired out to be occupied as three (3) or
more apartments or dwelling units or which is
occupied as the home or residence of three (3) or
more families living independently of each other
and maintaining separate cooking facilities.
(7) Automobile Sales Area - is an open area or lot used I,
• for the display or sale of automobiles, where no
repair work is done except minor reconditioning of
the cars to be displayed and sold on the premises,
and no dismantling of cars for sale or keeping of
used car parts or junk on the premises.
(8) Basement - is a building story which is partly
underground but may have at least one-half of
its height above the average level of the adjoining
ground.
(9) Block - means that property abutting on one side of
a street and lying between the nearest intersecting
or intercepting streets or nearest intersecting or
intercepting street and railroad right-of-way,
waterway, or other barrier to or gap in the con- '
tinuity of development along such street.
(10) Boarding-Lodging House - means a dwelling wherein
lodging or meals for three (3) or more persons, not
members of the principal family therein, is pro-
vided for compensation, but not including a
building in which ten (10) or more guest rooms are
provided.
(11) Building - is any structure built for the support, li
• shelter, or enclosure of persons, chattels, or
movable property of any kind.
• (12) Building Line - a line parallel or approximately
parallel to the street line at a specific distance
therefrom marking the minimum distance from the
street line that a building may be erected.
(13) Building Official - (See Administrative Official.)
(14) Car Wash - is a building, or portion thereof, where
automobiles or other motor vehicles are automati-
cally or manually washed regularly as a business.
(15) Clinic - may be a public or private, profit, or
nonprofit facility for the reception and treatment
of outpatient persons physically or mentally ill,
injured, handicapped or otherwise in need of physi-
cal or mental diagnosis, treatment, care, or simi-
lar service.
(16) Conditional Use - means any building, structure,
and use which complies with the applicable regula-
tions and standards governing conditional uses of
the zoning district in which such building, struc-
ture, and use is located and for which a permit is
granted.
(17) Court - means an open, unoccupied space on the same I,
• lot with a building and bounded on two (2) sides by
such building, or the open space provided for
access to a dwelling group.
(18) Dwelling Unit - means a room or a group of rooms I,
including cooking accommodations, occupied by one
(1) family, and in which not more than two (2) per-
sons, other than members of the family, are lodged II
or boarded for compensation at any one time.
(19) Dwelling, One-Family - means a detached building
containing one (1) dwelling unit.
(20) Dwelling, Two-Family - means a building containing
two (2) dwelling units.
(21) Dwelling, Multiple - means a building containing
three (3) or more dwelling units.
(22) Dwelling Group - means a group or row of dwellings,
each containing one (1) or more dwelling units and
all occupying one (1) lot or site, as defined
herein, and having a court in common; including a
bungalow court or apartment court, but not
including an automobile court or automobile camp.
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• (23) Essential Services - means the erection, construc-
tion, alteration, or maintenance by public utili-
ties or by governmental departments or commissions
of such underground or overhead gas, electrical,
steam, or water transmission or distribution
systems and structures, collection, communication,
supply or disposal systems and structures,
including towers, poles, wires, mains, drains,
sewers, pipes, conduits, cables, fire alarm boxes, j
police call boxes, street lights, traffic signals,
hydrants and other similar equipment, and
accessories in connection therewith, but not
including buildings or microwave radio relay struc- ~~I
tures, as are reasonably necessary for the fur-
nishing of adequate service by such public
utilities or governmental departments or com- '
missions or as are required for protection of the
public health, safety, or general welfare. For the
purpose of this definition, the word "building"
does not include "structures" for essential ser-
vices.
(24) Family - means one (1) or more persons, related by
blood, marriage or adoption, occupying a dwelling
unit as a single, nonprofit housekeeping unit, but
• not including a group occuping a hotel, boarding-
house, club, dormitory, fraternity or sorority
house.
(25) Garage, Private - means an accessory building or
portion of a main building on the same lot and used
for the storage only of private passenger motor I;
vehicles, not more than two (2) of which are owned
by others than the occupants of the main building.
(26) Garage, Public - means a building or portion of a
building, except that herein defined as a private
garage or as a repair garage, used for the storage
of motor vehicles, or where any such vehicles are
kept for renumeration or hire; in which any sale
of gasoline, oil, and accessories is only inciden-
tal to the principal use.
(27) Garage, Repair - means a building or space for the
repair or maintenance of motor vehicles, but not '
including factory assembly of such vehicles, auto
wrecking establishments or junkyards.
(28) Grade - when used as a reference point a.n measuring
height of building the "grade" shall be~the average ~I
elevation of the finished ground at the exterior
• walls of the main building.
• (29) Ground Floor Area - means the living area of a
building including the walls thereof but excluding
all porches, open breezeways, and garages.
(30) Height of Building - means the vertical distance
from the grade to the highest point of the coping
of a flat roof or to the deck line of a mansard
roof, or to a point midway between elevation of the
eaves and elevation of the ridges, for gable, hip
and gambrel roof. (For illustration of roof types
see Appendix.)
(31) Home Occupation - means any occupation customarily
conducted for gain or support entirely within a
dwelling by a member or members of a family while
residing therein, and which is clearly incidental
and secondary to the residential use of the premi- '
ses and does not change the character thereof.
(32) Hospital - may be a public or private, profit or
nonprofit institution for the reception and treat-
ment of the physically or mentally handicapped,
sick or injured, and shall be distinguished by its
in-patient facilities. It may also be an institu-
tional sanctuary for the reception of the aged, or
• for the physically or mentally ill, retarded,
infirm or deficient. Permitted accessory uses
shall include medical and psychiatric clinics, doc-
tors' offices, sale of medical and surgical spe-
cialties and supplies, crutches, artificial members
and appliances, training in the use of artificial
members and appliances, patient and out-patient
services, pharmacies and similar uses; provided,
however, that any such accessory use is so use-wide
related to the principal use as to be in fact an
integral part of the total purpose and is incor-
porated within the same building or building
complex; and provided further, that the floor area III;
occupied by all accessory uses does not exceed one-
third (1/3) of the total floor area. Whether or
not a questionable use is "similar" or an
"integral" part of the total purpose shall be sub-
ject to determination by the board of adjustment.
Hospital related x-ray and laboratory facilities
shall not be considered accessory uses in com-
putation or area occupancy.
(33) Hotel - means a building or portion thereof in
which ten (10) or more guest rooms are, provided for
occupancy for compensation by transient guests. 'I
• (34) Junkyard - means any area used for the storage,
keeping or abandonment of junk, including scrap
. metals or other scrap materials or goods, or used
for the dismantling, demolition or abandonment of
automobiles or other vehicles or machinery, or
parts thereof.
(35) Lodginghouse - means the same as a boardinghouse.
(36) Lot - means the entire parcel of land occupied or
to be occupied by a main building and its accessory
buildings, or by a group such as a dwelling group
or automobile court and their accessory buildings,
including the yards and open spaces required there-
fore by this title and other applicable law.
(37) Lot, Corner - means a lot abutting on two (2)
intercepting or intersecting streets where the
interior angle of intersection or interception does
not exceed one hundred thirty-five degrees (135°).
(38) Lot Coverage - the percentage of the total area of
a lot occupied by the base (first story or floor)
of buildings located on the lot.
(39) Lot, Interior - means a lot other than a corner
lot.
(40) Lot, Through - means a lot having its front and
rear lines on different streets, or having its
front or rear line on a street and the other line
on a river, lake, creek or other permanent body of
water.
(41) Lot Depth - means the average depth from the front I',
line of the lot to the rear line of the lot.
(42) Lot Width - means the width measured at a distance
back from the front line equal to the minimum depth
required for a front yard.
(43) Main Building - means a building in which is con-
ducted the principal use of the lot on which it is
situated.
(44) Mobile Home - means that which is, or was as origi-
nally constructed, designed and built to be towed
on its own chassis, comprised of frame and wheels,
by any motor vehicle upon a public highway.
(45) Mobile Home Park or Subdivision - mean$ a parcel of
land not less than five (5) acres in size which is
owned by an individual, a firm, trust, partnership,
• public or private association or corporation, and
has been developed for rental or sale of lots to
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tenants with mobile homes and shall be governed by
the provisions of the subdivision regulations of
the City of Richland Hills.
(46) Mobile Home Lot - means that part of a parcel of
land (mobile home site) in a mobile home park which
has been reserved for the placement of one (1)
mobile home unit.
( 47 ) Motel - means a building or a group of two ( 2 ) or
more buildings containing guest rooms or apartments
with automobile storage space provided in connec-
tion therewith, and used primarily for the accom- i
modation of automobile travelers, including groups
designated as auto cabins, motor lodges, motor
courts motels and similarl desi nated rou s.
Y g g P
(48) Neighborhood Convenience Center - means centers
which carry convenience goods, such as groceries,
drugs, hardware, and some variety items, and also
includes some service stores. The neighborhood
convenience center may contain one (1) or two (2) I,
small apparel or shoe stores, but it is clearly
dominated by convenience goods, which are items of
daily consumption and very frequent purchase, some-
• times called "spot necessity" items. This neigh-
borhood serving store group is within convenient
walking distance of families served (within con-
venient driving range in low-density areas), with
due consideration for pedestrian access and amenity
of surrounding areas.
(49) Nonconforming Use - means use fo a building or land
which existed previously that does not conform to
the present regulations as to use for the district
in which it is situated.
(50) Screening Element (Device) - or suitably screened
as herein referred, shall mean any of the
following:
(a) Any solid material constructed of brick,
masonry, or of a concrete or metal frame, or
wood or base which supports a permanent type
material, the vertical surface of which is not
more than thirty percent (30$) open; or
(b) Any dense evergreen hedge or plant material
suitable for providing a visual parrier, for
which such material shall be maintained in a I~
healthy growing condition. I,
• (c) Landscaped earth berms may, when appropriate
in scale, be considered and used as a
screening element in lieu of a fence, wall,
hedge, or other dense planting material.
(51) Story - means that portion of a building included
between the surface of a floor and the surface of a
f loor next above it, or if there is no f loor above
it, then the portion of the building between the
surface of a floor and the ceiling or roof above I,
it. A basement shall be counted as a story for the j
purposes of height regulations, if the vertical '
distance from grade to the ceiling is more than
seven feet ( 7') .
(52) Story, Half - means the topmost story under a
gable, hip, or gambrel roof, the wall plates of
which on at least two (2) opposite exterior walls
are not more than two feet (2') above the floor of
such story.
(53) Street - means a public or private throughfare
which affords the principal means of access to
abutting property.
(54) Structural Alteration - means any change, addition,
• or modification in construction in the supporting
members of a building, such as exterior walls,
bearing walls, beams, columns, foundations, gir-
ders, floor joists, roof joists, rafters, or
trusses.
(55) Structure - means anything constructed or erected
having location on or under the ground or attached
to something having location on or under the '
ground.
(56) Use - means the purpose for which land or a
building or structure thereon is designed,
arranged, intended or maintained or for which it is
or may be used or occupied.
(57) Use, Accessory - means a subordinate use on the
same lot with the principal use and incidental and
accessory thereto.
(58) Vehicle Service Center - means a center for the
repair and maintenance of, or diagnosis upon, motor
vehicles, including tire installation, but not ~'il
including the sale of gasoline, body work, or spray
painting.
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• (59) Yard - means an open space, other than a court, on
the same lot with a building.
(60) Yard, Front - means a yard extending across the
full width of a lot and having a depth equal to the
shortest distance between the front line of the lot
and the nearest portion of the main building,
including an enclosed or covered porch, provided
that the front yard depth shall be measured from ~i;
the future street line for a street on which a lot
fronts, when such line is shown on the official map
or is otherwise established.
(61) Yard, Rear - means a yard extending across the full
width of a lot and having a depth equal to the
shortest distance between the rear line of the lot ~I
and the main building.
(62) Yard, Side - means a yard between the side line of I~
the lot and the main building extending from the
front yard to the rear yard and having a width
equal to the shortest distance between said side
line and the main building.
• SECTION 5: GENERAL PROVISIONS
A. ESTABLISHMENT OF DISTRICTS
For the purpose of this ordinance, the City of Richland
Hills, Texas, is hereby divided into nine (9) districts ~I
as follows:
R-1L - Single Family Residential - Large Lot
R-1 - Single Family Residential
R-2 - Two Family Residential
R-3 - Multiple Family Residential - Low Density
R-4 - Multiple Family Residential - High Density
C-1 - Restricted Commercial
C-2 - General Commercial
I-1 - Light Industrial
I-2 - Heavy Industrial
B. OFFICIAL ZONING MAP
Provision of official zoning map: The city is hereby
divided into zones, or districts, as shown ,on the off i-
cial zoning map, which together with all explanatory
matter thereon, is in existence and is hereby adopted
• and declared to be a part of this ordinance.
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P ERTIFIED
C. MA C
The official zoning map shall be idex~tif ied by the
signature of the mayor, attested by the' city clerk and
bearing the seal of the city under the following words:
"This is to certify that this is the
official zoning map adopted as part of
Ordinance No. 522 of the City of
Richland Hills." ~i,
D. LOCATION OF MAP
The official zoning map shall be in the custody of, and
shall remain on file in the office of the city admi-
nistrator.
E. PUBLIC INSPECTION OF MAP
The official zoning map shall be available for public
inspection for all matters which are of public record. ~,i
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F. AMENDMENT OF OFFICIAL ZONING MAP
When changes are made in district boundaries or other
matter portrayed on the official zoning map, such
changes shall be entered on the official zoning map
promptly after the amendment has been approved by the i
city council. No amendment to this chapter which
involves matter portrayed on the official zoning map
shall become effective until after council approval and
after such change has been made to said map.
G. OFFICIAL ZONING MAP REPLACEMENT
The city council may by ordinance adopt a new official
zoning map should the original reproducible tracing of
the official zoning map be damaged, destroyed, lost or
become ambiguous because of the nature or number of
changes and additions. The new official zoning map may
correct drafting or other errors or omissions in the
prior official zoning map or any subsequent amendment
thereof. The new official zoning map shall be iden-
tified by the signature of the mayor attested by the
city clerk, and bearing the seal of the city under the
following words: ii
• I'll
. "This is to certify that this official
zoning map supercedes and replaces the
official zoning map adopted (date of
adoption of map being replaced) as a part
of the Zoning Ordinance of the City of
Richland Hills, Texas.
H. INTERPRETATION
(1) When the district boundaries are either roads or
streets, unless otherwise shown, and where the
designation of the district map indicates that the
various districts are bounded by a road or street
line, the center line of such road or street shall
be construed to be the district boundary line.
(2) Where the district boundaries are not otherwise
indicated and where property has been subdivided
into lots and blocks, the subdivision boundaries
shall be construed to be the boundary of the
district.
(3) Where the district boundaries are not otherwise
indicated for unsubdivided property, the district I,
• boundaries are property lines or section lines, or ~
quarter section lines, or quarter-quarter section
lines.
(4) Where district boundaries are disputed or not
otherwise clearly designated, or where the physical
or structural featues are at variance with the
official zoning map or in other circumstances not i
covered in this section, the board of adjustment
shall interpret the district boundaries.
I. RULES FOR WORDS AND PHRASES
For the purposes of this ordinance, words used in the
present tense include the future tense; words in the
singular number include the plural number, and words in
the plural number include the singular number; the word
"shall" is mandatory not directory; the word "may" is
permissive; the word "person" includes a firm, asso-
ciation, organization, partnership, trust, foundation,
company, or corporation as well as an individual; the
word "used" includes designed and intended or arranged
to be used; the word "building" includes the word
"structure"; the word "lot" includes "building lot" or
parcel. Wherever this ordinance imposes a greater it
• restriction than imposed by other ordinances, laws, or
regulations, the provisions of this ordinance shall
govern.
• J. COMPLIANCE WITH REGULATIONS
The regulations set by the ordinance within each
district shall be minimum regulations and shall apply
uniformly to each class and kind of structure or land,
except as hereinafter provided.
(1) No building, structure, or land shall hereafter be ICI
used or occupied, and no building or structure or
part thereof shall hereafter be erected, repaired ii
moved, or structurally altered except in conformity
with all of the regulations herein specified for i,
the district in which it is located.
(2) No buildin or other structure shall hereafter be
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erected or altered to exceed the height or bulk, to
accommodate or house a greater number of families
or to occupy a greater percentage of lot area than
that specified for the district in which it is
located.
(3) No building or other structure shall have narrower
or smaller rear yards, front yards, side yards, or ~
other open spaces than herein required or in any
other manner contrary to the provisions of this
Ordinance.
• (4) No part of a yard, other open space, off-street
parking or loading space required about or in con-
nection with any building for the purpose of
complying with this section, shall be included as a
part of a yard, open space, off-street parking, or
loading space similarly required for any other
building. 'I
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K. STRUCTURES TO HAVE ACCESS
Every building hereafter erected or moved shall be on a
lot adjacent to a public street or with access to an
approved private street, and all structures shall be so
located on lots as to provide safe and convenient access
for servicing, fire protection, and required off-street
parking.
L. VISIBILITY AT INTERSECTIONS
On a corner lot, nothing shall be erected „ placed, or
planted or allowed to grow in such a manner as
materially to interfere with traffic visibility across
• the corner. This visibility area shall be a triangle
measured twenty feet (20') from the point of right-of-
• way line intersection. All objects on the ground in
said triangle should not exceed two and one-half feet
(2~') in height and vegetation should not droop to less
than ten feet (10') from the ground.
M. FENCES, WALLS, AND HEDGES
Except as provided by other sections of this ordinance,
a fence, wall, or hedge may be erected, placed, main- ~I
tained, or grown along a lot line or residentially-zoned
property to a height not exceeding eight feet (S') above ~
the ground level. The board of adjustment may grant a
variance from this subsection after a public hearing, if '
it is found that such action is within the general pur-
pose and intent of this ordinance.
N. HEIGHT AND AREA EXCEPTIONS
The regulations contained herein relating to the height
of buildings or structures and the size of yards and
other open spaces shall be subject to the following
exceptions:
• tl) Churches, schools, and other public and quasi-
public buildings may be erected to a height not
exceeding sixty feet (60') or five (5) stories,
provided the front, side, and rear yards required
in the district in which such a building or struc-
ture is to be located are each increased at least I~
one foot (1') for each foot of additional height f
above the height otherwise established for the ~~i
district in which such building or structure is to
be located.
(2) Chimneys, cooling towers, church steeples or
spires, tanks, water towers, television antennas,
microwave radio relay or broadcasting towers, mast
or aerials and necessary mechanical appurtenances
are hereby excepted from the height regulations of
this ordinance.
(3) When a lot has an area less than the minimum number
of square feet per family, as required for the
district in which it is located, and was of record
as such at the time of the passage of this ordi-
nance, such lot may be occupied by one (1) family
subject to the setback, rear yard, ar~d side yard
regulations for the district in which it is located. ~i
•
• 0. HOME OCCUPATIONS
The purpose of the home occupation provisions is to per-
mit the conduct of home occupations which are compatible
with the neighborhoods in which they are located. Home 'i
occupations are a permitted accessory use in all resi-
dential districts and are subject to the requirements of
the district in which the use is located, in addition to
the following:
(1) Only the members of the immediate family occupying
the dwelling shall be engaged in the home
occupations.
(2) The home occupation shall be conducted only within ICI
i
the enclosed area of the dwelling unit or the
garage.
(3) No more than twenty-five percent (25$) of the area
of one (1) story of the principal building shall be
devoted to the home occupation. '
(4) There shall be no exterior alterations which change
the character thereof as a dwelling and/or exterior
evidence of the home occupation other than those
• signs permitted in the district.
(5) No storage or display of materials, goods,
supplies, or equipment related to the operation of
the home occupation shall be visible outside any
structure located on the premises. II
(6) No use shall create smoke, glare, noise, dust,
vibration, fire hazard, small electrical inter-
ference or any other nuisance not normally asso- ~i;
ciated with the average residential use in the
district.
(7> The home occupation shall not create any increase
in vehicular flow or parking by more than two (2)
additional vehicles at a time, and shall not create
greater pedestrian traffic than normal for the
district.
(8) No home occupation shall cause an increase in the
use of any one (1) or more utilities beyond the
average of the residences in the neighborhood.
(9) No more than one (1) advertising sign ,with a maxi-
mum of four (4) square feet of a nonilluminating
nature may be placed on the main building.
•
I~~
(10) Examples of home occupations:
The following are examples of uses which can often
be conducted within the limits of this chapter.
Uses listed in this paragraph do not automatically I,
qualify as a home occupation nor does this listing
limit the uses which may qualify as home occupa-
tions: handicraft, dressmaking, preserving, i,
accountant, artist, author, consultant, individual
tutoring, millinery, and realtor.
(11) Prohibited uses:
I
The following uses have a tendency to increase
beyond the provisions for home occupations and
thereby impair the character of residential areas. II
Therefore, the uses specified shall not be per-
mitted as accessory uses in residential districts;
auto repairs, painting of vehicles or boats, bar-
bershop, beauty shop, private schools, photo stu-
dios, dance instruction, television repair, and
child day care center.
(12) Interpretation of home occupations:
The board of adjustments shall interpret the prow-
sions of this ordinance to determine the validity of
a home occupation. A use considered not within the
scope of the home occupation provisions shall be
subject to the provisions of the commercial zones
of this ordinance.
SECTION 6: CONDITIONAL USES
A. STANDARDS I~,
No application for a conditional use shall be granted by
the board of adjustments unless such board finds all of
the following conditions are present:
(1) That the establishment, maintenance, or operation
of the conditional use will not be materially
detrimental to or endanger the public health,
safety, morals, or general welfare;
t2) That the uses, values and enjoyment of other pro-
perty in the neighborhood for purposes already
permitted shall be in no foreseeable manner
substantially impaired or diminished by the ii
establishment, maintenance, or operation of the
• conditional use;
• (3) That the establishment of the conditional use will
not significantly impede the normal and orderly
development and improvement of the surrounding pro-
perty for uses permitted in the district;
(4) That adequate utilities, access roads, drainage and
other necessary site improvements have been or are
being provided; II
'i
(5) That adequate measures have been or will be taken
to provide ingress or egress so designed as to
minimize traffic congestion in the public streets; 'j
and
~,I
(6) That the conditional use shall conform to all
applicable yard area regulations of the district in f
which it is located. ~
i
B. CONDITIONS AND GUARANTEES
Prior to the granting of any conditional use, the board
of adjustments may stipulate such conditions and
restrictions upon the establishment, location, construc-
tion, maintenance, and operation of the conditional use
. as deemed necessary to protect the public health, safety
and general welfare of the community and to secure
compliance with the standards and requirements specified
in subsections (1) through (6) of Section 6.A. In all
cases in which conditional uses are granted, the board
shall require such evidence and guarantees as it may
deem necessary as proof that the conditions stipulated
in connection therewith are being and will be complied
with.
C. EFFECT OF DENIAL OF APPLICATION
No application for a conditional use which has been I!
denied wholly or in part by the board of adjustment
shall be resubmitted for a period of six (6) months from
the date of said denial.
SECTION 7: R-1L SINGLE FAMILY RESIDENTIAL - LARGE LOT
A. PURPOSE ,
The R-1L District is established to allow for larger
• lots with one (1) family dwelling structures per lot.
This district is intended to provide for residential
lands to accommodate more rural settings and accessory
• yard uses. These lots should be generally located in
groups, blocks, or areas where the accessory uses of the
land do not either materially or in an obnoxious manner
influence neighboring properties.
B. USES PERMITTED
The following uses shall be permitted:
(1) One family dwellings.
(2) Agricultural uses, but not including commercial
dairies, commercial dog kennels, commercial ~i,
hatcheries, and commercial mink, fox, or other fur- I;
bearing animal farms and rat farms. Buildings and
structures used for sheltering or feeding livestock
shall be located not less than twenty-five feet
(25') from any adjoining lot in the residence
district. All residences shall assure that
livestock or pets shall not physically damage 'i
shrubbery, fences, or other property of neighbors, I,
that sanitation shall be practiced, and that noise,
odor, commotion, and other activity attributed to
livestock shall not unduly damage the character of
• the area.
(3) Churches, parishes, convents.
(4) Parks and playgrounds.
(5) Accessory uses, including but not limited to, the
following:
(a) Athletic field and playfields, noncommercial
including stadiums or grandstands.
(b) Dwelling units and lodging rooms in detached I~
buildings for persons regularly employed on the
premises and the employees' immediate
families.
(c) Dwellings appurtenant to a principal agri-
cultural use.
(6) Accessory uses clearly appurtenant and secondary to
the principal use within the district, but not of a
business nature.
'
C. CONDITIONAL USES ICI
The following conditional uses may be allowed in an R-1L i
District subject to the provision of Section 6, and the
distances specified in this subsection shall prevail
unless they are modified by the board of adjustment in
accordance with the provisions of Section 6.
(1) Public utility and public service uses as follows: 'I
(a) Electric substations.
(b) Gas odorizing stations and gate stations.
(c) Radio and television towers.
(d) Railroad right-of-way, but not including ~
railroad yards and shops, freight and service ~i
buildings, or right-of-way for switch, lead, '
spur, or team tracks. I'
(e) Telephone exchanges and transmission equipment I'j
buildings. 'i
(f) Privately owned water pumping stations and
water reservoirs.
(2) Outdoor recreational premises, clubs and grounds II
for swimming, tennis, boating, horse riding,
• skiing, and other sports. Accessory clubhouses and
maintenance buildings.
(3) Home and professional occupations.
D. AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS
~I
The requirements regulating the minimum lot size, minimum ~I
yard sizes (front, side, and rear) maximum building ~I
height (stories and feet), and maximum percent of lot
coverage by buildings, as pertains to this district,
shall conform with the provisions of Section 16,
"Schedule of District Regulations" and other applicable
provisions of Section 17, "Supplementary District
Regulations".
E. AUTOMOBILE PARKING SPACE REGULATIONS ~I,
For automobile ar
p king requirements, see Section 19.
~I
SECTION 8: R-1 SINGLE FAMILY RESIDENTIAL I'
• A. PURPOSE l
This district is the predominate single family housing
district in the city. Unless otherwise specified or
i
• requested, all residentially suited areas presently
undeveloped should be zoned in this district.
Development in the R-1 district is limited primarily to
single family dwellings and certain community and li
recreational facilities to serve residents of the f
district.
B. USES PERMITTED
The following uses shall be permitted:
(1) One-family dwellings.
(2) Churches, parish houses, convents. ~I!I
(3) Parks and playgrounds.
(4) Accessory uses, including but not limited to, the
following:
(a) Athletic fields and playfields, noncommercial,
including stadiums and grandstands.
(b) Temporary buildings for storage of building ~~I
• materials and equipment and construction pur-
poses when on the same or adjoining lot as the
principal use for a period not to exceed the
duration of such construction.
C. CONDITIONAL USES '~I
The following conditional uses may be allowed in the R-1
District, subject to the provisions of Section 6, and
the distances specified in this subsection shall prevail
unless they are modified by the board of adjustment in it
accordance with the provisions of Section 6.
1) Publi ut' i
( c it ty and public services uses as follows:
(a) Electric substations.
(b) Gas odorizing stations and gate stations.
(c) Railroad right-of-way, but not including
railroad yards and shops, freight and service
buildings, or rights-of-way for switch, lead,
spur or team tracks.
(d) Telephone exchanges and telephone transmission
• equipment buildings.
• (e) Privately owned water pumping stations and
water reservoirs.
(2) College and Universities, provided that the zoning
lot shall be not less than forty (40) acres.
(3) Home and professional occupations. I~'~
D. AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS ~I
The requirements regulating the minimum lot size, mini- it
mum yard sizes (front, side, and rear), maximum building
height (stories and feet), and maximum percent of lot i,
coverage by buildings, as pertains to this district,
shall conform with the provisions of Section 16,
"Schedule of District Regulations". it
E. AUTOMOBILE PARKING SPACE REGULATIONS
For parking space requirements, see Section 19.
SECTION 9: R-2 TWO FAMILY RESIDENTIAL
• A. PURPOSE
The R-2, one and two family dwelling district is
established to stabilize and protect characteristics of
low density residential areas. This district may be
suitable as a buffer zone between single family and
higher intensity uses. Development in the R-2 District it
is limited primarily to single-family and two-family ~
dwellings and certain community and recreational facili-
ties to service residents of the district.
B. PERMITTED USES
The following uses shall be permitted:
(1) Any use permitted in the R-1L and R-1 Districts;
(2) Two-family dwellings with additional lot area(s)
required herein.
C. CONDITIONAL USES
Permitted conditional uses shall be any use ,allowed as a
conditional use in the R-1 District, subject to the pro-
visions of Section 6.
•
• D. AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENT
The requirements regulating the minimum lot size, mini-
, mum yard sizes (front, side, and rear), maximum building
height (stories and feet), and maximum percent of lot
coverage by buildings, as pertains to this district,
shall conform with the provisions of Section 16, '
"Schedule of District Regulations" and other applicable
provisions of Section 17, "Supplementary District
Regulations".
E. AUTOMOBILE PARKING SPACE REGULATIONS
For parking space requirements, see Section 19. lid
it
SECTION 10: R-3 MULTIPLE FAMILY RESIDENTIAL - MEDIUM
DENSITY
II
A. PURPOSE
The R-3 District is established to meet the needs for
• medium density residential areas where such development
is in concert with area aesthetics, is environmentally
sound, is compatible to the neighborhood, and promotes
the character of the community.
i
B. USES PERMITTED
The following uses shall be permitted:
(1) Multiple family dwellings and clustered multiple
family dwellings, which clustered multiple family
dwellings have a site plan approved by the board of 'I
adjustment for the particular project in which they
are proposed;
(2) Two-family dwelling units;
(3) Private schools: nursery, elementary, junior high,
high school, vocational school and day care
centers;
(4) Churches, parish houses, convents;
(5) Country clubs, tennis courts, and such additional I;
recreational uses as are for private recreation
• purposes of private club recreational purposes.
III
~i
• Clubhouses and maintenance buildings shall be
located not less than two hundred feet (200') from
any adjacent lot in an adjoining residence
district;
(6) Parks and playgrounds; ~i
(7) Accessory uses, including but not limited to the i
following: ~i
(a) Athletic fields and playfields, noncommercial,
including stadiums and grandstands;
(b) Temporary buildings for storage of building
materials and equipment and construction pur-
poses, when on the same or adjoining lot as ~i
the principal use, for a period not to exceed ~
the duration of such construction;
i
(8) Existing one-family dwelling units used as such on
the effective date of this ordinance.
i
C. CONDITIONAL USES
i
The following conditional uses may be allowed in the R-3
District subject to the provisions of Section 6.
(1) Any uses allowed as a conditional use in the R-2
District unless permitted above.
(2) One-family dwelling units.
(3) Townhouses, condominiums.
D. AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS I~
I
The requirements regulating the minimum lot size, mini-
mum yard sizes (front, side, and rear), and maximum
building height (stories and feet), and maximum percent
of lot coverage by buildings, as pertains to this
district, shall conform with the provisions of Section
16, "Schedule of District Regulations", and other appli-
cable provisions of Section 17, "Supplementary District
Regulations".
E. AUTOMOBILE PARKING SPACE REGULATIONS ~I
For parking space regulations, see Section 19.
SECTION 11: R-4 MULTIPLE FAMILY RESIDENTIAL - HIGH
DENSITY
A. PURPOSE !i
High density multiple family zoning is primarily
intended as the appropriate designation for lands
suitable for higher impact development and higher volume
traffic, while serving the residential needs for higher
density living quarters.
B. PERMITTED USES
The following uses shall be permitted:
(1) Any use permitted in the R-3 District, except two-
family dwelling units;
I
(2) Libraries and museums;
(3) Hospitals, sanitariums, nursing homes, and personal
care facilities.
• C. CONDITIONAL USES
The following conditional uses may be allowed in the R-4
District subject to the provisions of Section 6.
(1) Any use allowed as a conditional use in the R-3
District, except one-family and two-family dwelling
units, unless permitted above;
(2) Hotels and motels, provided that the zoning lot
shall be not less than one (1) acre; '
(3) Medical and dental clinics;
(4) Offices for professional uses such as (without
limitation due to enumeration), building contrac-
tors, doctors, chiropractors, dentists, attorneys,
insurance, real estate, abstract and title, accoun-
tants, architects, brokers, engineers, designers,
and psychologists.
D. AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS
The requirements regulating the minimum lot size, mini-
. mum yard sizes (front, side, and rear), and maximum
~I
building height (stories and feet), and maximum percent
. of lot coverage by buildings, as pertains to this
district, shall conform with the provisions of Section
16, "Schedule of District Regulations", and other appli-
cable provisions of Section 17, "Supplementary District
Regulations".
E. AUTOMOBILE PARKING SPACE REGULATIONS
For parking space regulations, see Section 19.
SECTION 12: C-1 RESTRICTED COMMERCIAL
A. PURPOSE
I
The C-1 District is established to accomodate the f
shopping needs of residents in adjacent residential
areas. This district is meant to be used in limited
areas, where retail or service establishments deal
directly with customers. Businesses in the C-1 District
should be oriented to satisfying the daily and frequent
• shopping needs of the neighborhood consumer.
B. GENERALLY
(1) Business uses above the ground floor are permitted
on any floor above the ground floor except in those
buildings where dwelling units are established. li
(2) All business establishments shall be retail or ser-
vice establishments which deal directly with the
customers. All goods produced on the premises
shall be sold to consumers only on the premises
where produced.
(3) All business, servicing or processing, except for
off-street parking, off-street loading, temporary
display of merchandise such as garden, lawn, and
recreational supplies and equipment for sale to the
public, and automobile service station operation,
shall be conducted within completely enclosed
buildings.
•
i
(4) Business establishments are restricted to a maximum II
• gross floor area of five thousand (5,000) square
feet on the ground floor, exclusive of any floor
area devoted to off-street parking or loading.
(5) Parking of trucks as an accessory use, when used
in the conduct of a permitted business listed in
this section, shall be limited to vehicles of not
over one and one-half (1~) ton capacity when
located within one hundred-fifty feet (150' ) of a ~I
residence district boundary line. i
~i
i
C. USES PERMITTED
The following uses shall be permitted:
(1) Existing residential dwelling units and lodging
used as such on the effective date of this
ordinance. ~I
(2) Neighborhood retail sales and service uses such as:
(a) Art shops, artist's and professional studios,
beauty parlors, clothing stores, drug stores,
• grocery stores or markets or supermarkets,
hardware stores, household appliance and fix-
ture repair shops, post office stations, self-
service laundries.
(b) Shops for the following and similar occupa-
tions: barber, cabinet maker, electrician,
jeweler, watchmaker, locksmith, optician,
painter, plumber, shoemaker, tailor:
i
(3) Business and professional offices;
(4) Professional offices such as doctors, dentists,
attorneys, chiropractors, psychologists, insurance,
real estate, architects, engineers, accountants,
building contractors, and other similar uses.
(5) Clinics, both medical and dental that could include
pharmaceutical sales, provided that such pharmacies
are complementary to the primary clinic use of the
structure. Other similar medical or dental
diagnostic or therapeutic facilities (except resi-
dences) are permitted. '
(6) Bakeries, cafes, confectionaries, ice cream shops,
and restaurants which prepare foodstuffs for on-
. site retail sale only;
(7) Automobile parking lots and structures; I'
(8) Other neighborhood retail sales or service uses
which are similar in character to those enumerated
above and which will not be dangerous or otherwise
detrimental to persons residing or working in the i~
vicinity thereof, or to the public welfare, and 'I
will not impair the use, enjoyment or value of any
property, but not including any use permitted in a
C-2, I-1, or I-2 District; .
(9) Churches;
(10) Public utility and public service uses as follows:
(a) Electric substations,
(b) Gas odorizing stations, and gate stations,
i
(c) Radio and television towers, Iii
(d) Railroad rights-of-way, but not including
railroad yards and shops, freight and service
buildings, or rights-of-way for switch, lead,
spur or team tracks,
(e) Telephone exchanges and transmission equipment
buildings,
(f) Privately owned water pumping stations, and
water reservoirs.
D. CONDITIONAL USES I'~
The following conditional uses may be allowed in the C-1
District subject to the provisions of Section 6.
(1) Hotels and motels, provided that the zoning lot
shall be not less than one (1) acre;
(2) Dwelling units, restricted to a total gross floor
area of five thousand (5,000) square feet above the
ground floor of a commercial building.
(3) Other uses as may be permitted by the board of
adjustment under Section 22.
I
E. AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS
• The requirements regulating the minimum lot size, mini-
mum yard sizes (front, side, and rear), and maximum
building height (stories and feet), and maximum percent
• of lot coverage by buildings, as pertains to this
district, shall conform with the provisions of Section
16, "Schedule of District Regulations", and other appli-
cable provisions of Section 17, "Supplementary District
Regulations".
F. AUTOMOBILE PARKING SPACE REGULATIONS
For parking space regulations, see Section 19. ~I
I~
G. SCREENING
In the C-1 District, whenever a C-1 use abuts the R-1L
R-1, R-2, R-4, a wall or fence of not less than six feet i
(6') in height is required.
i
SECTION 13: C-2 GENERAL COMMERCIAL DISTRICT Ill
A. PURPOSE
~I
The C-2 District is established to accomodate those uses ~i,
• that are of city-wide and regional significance. Within
this district are permitted retail, service, and office
uses characteristic of retailing and wholesaling
markets. This district is intended to accomodate com-
mercial activities that cannot be accomodated in the C-1
Restricted Commercial District. j
B. GENERALLY
(1) All business, servicing or processing, except for
off-street parking, off-street loading and automo-
bile service station operation, shall be conducted
within completely enclosed buildings except as
otherwise provided.
(2) No use hereunder shall be permitted if said use
entails storage or display of items for sale not
enclosed by a building except for incidental
display of sale or seasonal retail items and such
incidental display shall be permitted only if it
occupies no more than five percent (5~) of the
total lot area.
(3) Accessory off-street parking is required for C-2
Districts as provided in Section 19.
•
(4) Before a parcel of land which abuts a controlled- '
access highway is zoned as a C-2 District, the city
council shall determine whether or not the public
welfare requires the present or future establish-
ments of a public service street along such high-
way. If it is found that a public service street I~
is required, the same shall be placed on the offi-
cial map. I~
!i
C. USES PERMITTED
I
The following type of uses shall be permitted:
(1) Any use permitted in the C-1 District;
t2) Existing residential dwelling units and lodging
uses as such on the effective date of this
ordinance;
(3) Bakery shops;
(4) Candy shops and candy making;
(5) Cleanin
g and dyeing facilities;
(6) Commercial recreation uses, including bowling ~I
alleys, arcades, golf driving ranges, gymnasiums, i,
miniature golf courses, pool halls, swimming pools
• and skating rinks;
(7) Creameries and ice cream plants;
(8) Hotels, apartment hotels and motels;
(9) Ice plants, cold-storage plants;
(10) Laundries, including automobile washes;
(11) Mortuaries;
(12) Pumping stations;
(13) Radio, AM or FM, or television broadcasting sta-
tions or transmitters and microwave radio relay II
structures;
(14) Printer;
(15) Repair and storage garages;
(16) Telephone exchanges;
(17) Theaters, lodges, assembly halls, auditoriums;
t18) Tire repair shops;
(19) Auto body operations;
(20) Spray-painting operations; '
(21) Antique shops;
(22) Art galleries and museums;
(23) Auction rooms;
(24) Automobile accessory stores;
t25) Automobile service stations, including the inciden-
tal storage of rental trucks and trailers, except
that trucks and trailers for storage or rental may
not be parked within the public right-of-way;
(26) Banks and financial institutions;
• (27) Blueprinting and photostating establishments;
(28) Business machine sales and service establishments;
(29) Camera and photographic supply stores;
• (30) Carpet and rug stores;
(31) Catering establishments;
(32) China and glassware stores; j
(33) Clothing and costume rental stores;
(34) Coin and philatelic stores;
(35) Department stores;
(36) Dry goods stores;
(37) Employment agencies;
(38) Exterminating shops;
(39) Floor covering;
(40) Florist shops and conservatories;
(41) Fraternal, philanthropic and eleemosynary uses;
(42) Furniture stores;.
(43) Furrier shops, including the incidental storage and ii
conditioning of furs;
(44) Hospitals and sanitariums;
(45) Household appliance stores, including radio and
television sales and service;
(46) Interior decorating shops, including upholstering
and making of draperies, slipcovers, and other
similar articles when conducted as part of the ~I,
retail operation and secondary to the principal
use;
(47) Laboratories for research development and testing;
(48) Leather goods and luggage stores;
• (49 ) Loan offices;
(50) Locksmith shops;
(51) Meat markets, including sale of meat and meat pro-
ducts to restaurants, hotels, clubs and other simi-
lar establishments when such sale is conducted as
part of the retail business on the premises;
(52) Musical instruments sales and repair;
(53) Office supply stores;
(54) Optical sales;
(55) Orthopedic and medical appliance and supply stores;
(56) Paint and wallpaper stores;
(57) Phonograph, record, sound equipment and sheet music
stores;
(58) Physical culture and health services and reducing
salons;
(59) Picture framing;
(60) Restaurants;
(61) Schools for music, dance, business or trade;
(62) Sewing machine sales and service, household
appliances only;
(63) Sporting goods stores;
(64) Tailor shops;
(65) Taxidermists;
(66) Telegraph offices; ~
(67) Theaters, indoor;
• (68) Ticket agencies, amusement;
(69) Tobacco shops;
(70) Travel bureaus and transportation ticket offices;
(71) Upholstery shops;
• (72) Water softener sales and services;
(73) Vehicle service centers;
(74) Other retail sales and service uses which are simi-
lar in character to those enumerated in this sub-
section, 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, but not including any of the
following uses: I,
I
(a) Any use permitted only in an I-1 or I-2
District.
(b) Manufacturing and processing other than an
accessory use customarily incidental to per-
mitted commercial sales and service uses.
(c) Any use which is objectionable by reason of
emission of odor, dust, smoke, gas, vibration
or noise, or which may impose hazard to health
or property.
i
D. CONDITIONAL USES li
• Conditional uses in the C-2 District shall include:
(1) Any uses not specifically enumerated in Section 13
that can be considered commercial in character.
(2) Machinery and equipment sales and service
establishments for equipment under one and one-half
(1}) tons gross weight.
E. AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS
The requirements regulating the minimum lot size, mini-
mum yard sizes (front, side, and rear), and maximum
building height (stories and feet), and maximum percent
of lot coverage by buildings, as pertains to this
district, shall conform with the provisions of Section
16, "Schedule of District Regulations", and other appli-
cable provisions of Section 17, "Supplementary District
Regulations".
I~~
~I
•
F. AUTOMOBILE PARKING SPACE REGULATIONS
• For parking space regulations, see Section 19.
G. SCREENING
I
In the C-2 District, whenever a C-2 use abuts the R-1L,
R-1, R-2, R-3, R-4, a wall or fence of not less than six
feet t6') in height is required. ~I
•
l~~
• SECTION 14: I-1 LIGHT INDUSTRIAL
A. STATEMENT OF PURPOSE
The I-1 District is established to accomodate those uses
which. are of a nonnuisance type located in relative
proximity to residential areas, and to preserve and pro-
tect lands designated on the comprehensive plan for
industrial development and use from the intrusion of '~I
certain incompatible uses which might impede the deve-
lopment and use of lands for industrial purpose.
Development in the I-1 District is limited primarily to
certain wholesale and jobbing commercial uses and cer-
tain industrial uses, such as the fabrication of
materials, and specialized manufacturing and research
institutions, all of a non-nuisance type. No use or
types of uses specifically limited to the I-2 District
may be permitted in the I-1 District.
B. GENERALLY
Uses ermitted in h I-
t t e 1 listrict are suL~ect t• the
following conditions:
(1) All business, servicing, or processing, except for
• off-street parking, off-street loading, display or
merchandise for sale to the public, and establish-
ments of the "drive-in" type, shall be conducted
within completely enclosed buildings unless other-
wise indicated in this Section.
(2) All storage within one hundred feet (100') of a
residence district, except for motor vehicles in I,
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 (50') of such screening
shall exceed the maximum height of such screening.
C. USES PERMITTED
Uses permitted in the I-1 District shall be as follows:
(1) Advertising products, such as signs and billboards,
(2) Ambulance, bus, and tax stations, truck yards,
(3) Awnings, venetian blinds, and v~tindowshades,
(4) Bakery, candy, dairy and other food products, but
not including fish and meat products, sauerkraut,
• vinegar, yeast, alcohol or alcoholic beverages,
(5) Boat-building of small craft and other similar
assembling,
• (6) Bottling or distribution plants, milk or soft
drinks,
(7) Building materials yard, contractor's yard, lum-
beryard,
(8) Cameras, and other photographic equipment,
(9) Ceramic products, such as pottery, figurines, and
small glazed tiles,
(10) Cleaning and dyeing plants,
(11) Cosmetics and toiletries, drugs, perfumes, and
perfumed soaps, and pharmaceutical products, ~I,
(12) Electrical appliances, such as lighting fixtures, 'I
irons, fans, and toasters,
(13) Electrical equipment assembly, such as home radio
and television receivers and home-movie equipment,
but not including electrical machinery,
(14) Electrical Supplies, manufacturing and assembly,
such as wire and cable assembly, switches, lamps,
insulation and dry-cell batteries,
(15) Electronic instruments,
(16) Furniture refinishing using a manufacturing or che- I,
mical dipping process, ~
(17) Insecticide and pesticide, packaging only,
(18) Jewelry, I,
(19) Machine shops and fabrication of metal not more
than ten (10) gauge in thickness,
t20) Medical, dental, and optical supplies,
• (21) Metal finishing, plating, grinding, sharpening,
olishin cleanin , rust roof in and heat treat-
P g g A g
ment,
(22) Metal stamping and extrusion of small products,
such as costume jewlery, pins and needles, razor
blades, bottle caps, buttons, and kitchen utensils, I~
(23) Milk and ice cream processing,
(24) Monument works,
(25) Musical instruments,
(26) Orthopedic and medical appliances, such as artifi-
cial limbs, braces, supports, and stretchers,
(27) Photofinishing associated with a manufacturing pro-
cess,
(28) Repair of farm, household, of office machinery or
equipment,
(29) Scientific and precision instruments,
(30) Sheet metal shops,
(31) Silverware, plate and sterling,
(32) Shell egg business, candling, cartoning, and
distributing,
(33) Existing commercial and residential uses in use as
such on the effective date of this ordinance,
(34) Public utility and public service uses ,as follows: ~I
(a) Bus stations, bus terminals, bus turnaround
• (off-street), bus garages, and bus lots,
(b) Electric substations,
• (c) Gas regulator stations, mixing stations, and
gate stations,
(d) Radio and television towers,
(e) Railroad passenger stations,
(f) Telephone exchanges, microwave relay towers,
telephone transmission equipment buildings and
service yards,
(35) Radar installations and towers;
(36) Radio and television studios and stations;
(37) Schools, trade;
(38) Stadiums, auditoriums, and arenas, open or enclo-
sed; II
(39) Storage and warehousing establishments;
(40) Storage yards, but not including junkyards; ,I
(41) Trailer sales and rental, for use with private
passenger motor vehicles;
(42) Weighing stations;
(43) Wholesaling establishments;
(44) Accessory uses, including but not limited to the
following:
Temporary buildings for construction purposes for
a period not to exceed the duration of such
construction;
(45) Other wholesale, light manufacturing, construction
• or service uses which are similar in character to
those enumerated in this subsection, and which will
not be dangerous or otherwise detrimental to per-
sons residing or working in the vicinity thereof,
or to the public welfare, and will not impair the
use, enjoyment, or value of any property;
I
(46) 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. ~
(47) Any use permitted in the C-1 or C-2 District, other
than that of a residential nature.
D. CONDITIONAL USES
The following conditional uses may be allowed in the I-1
District subject to the provisions of Section 6.
(1) Amusement establishments, livestock, exhibition
halls, including fairgrounds, permanent carnivals,
kiddie parks, and other similar outdoor amusement I~;
• facilities; li
• (2) Asphalt and concrete hatching or ready-mix plants;
(3) Concrete products casting;
t4) Dwelling units may be permitted only as an
accessory use and only for employees having duties
in connection with any premises requiring them to
live on said premises, including families of such I~
employees when living with them.
(5) Gasoline and oil storage, wholesale, provided all
applicable safety regulations are complied with;
provided, however, that the location is approved by
the board of adjustment.
(6) Motor freight terminals;
(7) Railroad freight terminals, railroad switching and
classification yards, repair shops, and
roundhouses;
(8) Restaurant;
(9) Theaters, automobile drive-in;
(10) Automobile and motorized vehicle and equipment I~
display, sales, and service.
E. DENSITY: AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIRE-
MENTS
The requirements regulating the maximum permissible
• residential density minimum lot size, minimum yard sizes
(front, side, and rear), and maximum building height
(stories and feet), and maximum percent of lot coverage
by buildings, as pertains to this district, shall con-
form with the provisions of Section 16, "Schedule of
District Regulations", and other applicable provisions
of Section 17, "Supplementary District Regulations". ~
I
F. AUTOMOBILE PARKING SPACE REGULATIONS If
For parking space regulations, see Section 19.
SECTION 15: I-2 HEAVY INDUSTRIAL
A. STATEMENT OF PURPOSE
The I-2 District is established to accomodate most in-
dustrial uses and protect such areas from the intrusion
of certain incompatible uses which might impede the
development and use of lands for industrial purpose.
B. GENERALLY
• In I-2 District, the regulations set out in this Section
shall apply and as otherwise provided in Section 14.B
C. USES PERMITTED
The following uses shall be permitted:
(1) Existing commercial and residential uses used as ~I
such on the effective date of this ordinance;
(2) Uses permitted in I-1 Districts, provided that no
dwelling or dwelling unit is permitted except those
for employees having duties in connection with any
premises requiring them to live on said premises,
including families of such employees when living i
with them;
(3) Paper and paper products;
(4) Motor freight terminals;
(5) Railroad freight terminals, railroad switching and ~'i
classification yards, repair shops, and roundhouses;
(6) Feed mixing and grinding plants;
(7) Foundry or metal fabrication;
(8) Concrete products casting, mixing and products i,
manufacture;
(9) Meat product processing;
(10) Cartage establishments;
(11) Tire manufacture;
(12) Storage of petroleum products, wholesale;
(13) Automobile, airplane and other similar assembling.
D. CONDITIONAL USES
• ~I
The following conditional uses may be allowed in the I-2
District subject to the provisions of Section 6.
Any use allowed as a conditional use in the I-1 ~I
District, unless permitted above.
E. DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE
REQUIREMENTS
The requirements regulating the maximum permissible i
residential density minimum lot size, minimum yard sizes
(front, side, and rear), and maximum building height
(stories and feet), and maximum percent of lot coverage
by buildings, as pertains to this district, shall con-
form with the provisions of Section 16, "Schedule of
District Regulations", and other applicable provisions
of Section 17, "Supplementary District Regulations".
F. AUTOMOBILE PARKING SPACE REGULATIONS t
For parking space regulations, see Section 19.
'
SECTION 16: SCHEDULE OF DISTRICT REGULATIONS
I~,
R-1L R-1 R-2 R-3 R-4 C-1 C-2 I-1 I-2
t-ta x i mum
Height 35 35 35 45 45 45 50 a a
(feet)
Side Yard 8 8 8 A 8
Interior
a a a a
Corner Lot 15 15 15 15 15
Street Side I
Rfeet) 25 25 25 20 20 a a a a I~!
Front 3D 25 25 20 20 a a a a II
(feet) I
Lot Area Per ~ll,inq
(Sq.Ft.) 20,000 10,000 One 4WO b c a -0- -0- -0-
7,000 10,000 it
euildinq er Ro ]1i11 Residence Residence i
Size 1,800 1,500 1,000 850 d d d Not Not
(S .Ft.) 050 Allowed Allowed
Masonry 608 608 808 806 806 808 806 8p8 -0-
(e}
Minimum
Lot Width 80 70 70 75 75 a a a a
Minimum 'i
Lot De th 120 120 120 120 100 a a a a Iii
MCoveraget 408 408 508 508 508 a a a a it
• I
a - None required except where a nonresidential use abuts a residential
lot, requirement shall be the same as adjoining residential zone and
shall comply with visibility and parking requirements as provided
within this ordinance. Iii
b - Lot area shall be not less than nine thousand (9,000) square feet
for dwelling unit construction. For each dwelling unit over three
(3) in number, no less than one thousand five hundred (1,500) square !I
feet of additional lot area required, per dwelling unit. A maximum
of ten (10) units may be constructed per acre.
c - Lot area shall be not less than seven thousand five hundred (7,500)
square feet for each dwelling or dwelling group having three (3)
dwelling units and not less than one thousand (1,000) square feet of
lot area, in addition, for each additional dwelling unit over three
(3) in number. A maximum of sixteen (16) units may be constructed
per acre.
d - Minimum building size shall be for one bedroom unit - 650 square I~
feet; two bedroom - 780 square feet; three bedroom - 930 square feet.
e - Masonary requirements shall mean a brick, stone or similar material I
veneer attached to an outside wall.
• SECTION 17: SUPPLEMENTARY DISTRICT REGULATIONS
A. SCREENING ELEMENTS AND FENCES
In order to provide maximum safety to pedestrians and
motorists at intersections and at ingress and egress
points from public streets, highways, and alleys to pri-
vate property; to conserve and protect the value of
adjacent land and buildings; to protect aesthetic views ~
and vistas; to secure hazardous areas from unauthorized
entry; to contain livestock and other agricultural
activities; and to screen and protect permitted outside i~
materials storage areas, the following regulations are ~I
prescribed for the location, type, and height of regu-
lated required and nonrequired screening elements and
fences. The terms "screening element" and "fence" as
used herein, is defined in Section 4.
(1) Traffic Visibility at Intersections
On a corner lot in any district, nothing shall be
erected, placed, planted, or allowed to grow in
such a manner as to materially impede vision bet- i,
wean a height of two and one-half feet (2~') and
ten feet (10') above the centerline grades of the ~i
• interacting streets in the area bounded by the
street lines of such corner lots and a line joining
points along said street lines twenty feet (20')
from the point of the intersection.
(2) Traffic Visibility at Interior Lots ~I~
On an interior lot in any district, nothing shall
be erected, placed, planted, or allowed to grow in
such a manner as to materially impede the vision or
in any way create a traffic hazard to motorists
entering or exiting any public highway, street,
alley, or private street or driveway from or to
adjacent private property.
(3) Residential Districts - General
(a) Screening elements and fences shall be
restricted to a maximum height of eight feet
(8'), measured from the adjacent grade line,
except as otherwise allowed.
(b) Nonresidential uses in a residential district
shall be suitably screened from view, to a
height not less than six feet (6') of any ~
adjacent residential lot or dwelling use along
I
the side and rear property lines of such ii
• nonresidential use. Said screening require-
ments shall not be mandatory for public ~I
schools, parks or churches, except where a ~I
parking lot or active outdoor intensive use
area (such as a playground) is adjacent to a
residential lot or dwelling. Parking lot
screening need not be more than three and one-
half feet (3#') in height. Off-street loading
areas of any nonresidential use shall be ade- ~I
quately screened from view of any residential ~I
dwelling or lot or of any other adjacent
public or semi-public land use.
(c) Where a multi-family or mobile home use abuts
a one or two family district, or where a
mobile home use abuts a one, two, or multi-
family use or district, the side and rear pro-
perty lines of said multi-family or mobile
home use or district shall be suitably
screened from view, to a height not less than '
six feet (6') of any adjacent dissimilar resi-
dential dwelling or lot.
(d) Garbage, refuse, and trash collection/storage ~I,
areas in any multi-family development, mobile
• home development, or other nonresidential use
permitted in a residential district shall be
enclosed on at least three (3) sides, by a
dense screening element to adequately screen
such area from view of the surrounding area.
(e) No screening element or fence shall be
erected, placed, or planted beyond the front
building line of any permitted building in a
residential district, either on a corner lot
or interior lot, unless otherwise allowed by
the zoning board of adjustment.
(f) No screening element comprised of brick,
masonry, concrete, or solid metal shall be
erected or placed which would interfere with
the installation or maintenance of any public
utility line, service, or drainageway, within
the easements reserved therefor.
(4) Nonresidential Districts - General
(a) Where a nonresidential use abuts a residential
lot, use or district, the side and rear pro-
• perty lines abutting said residential lot,
• use, or district shall be suitably screened by
the nonresidential use so as to obscure the
view from the residential lot, use or district
to the nonresidential use to a height not less
than six feet (6').
(b) Where a district boundary separating a resi-
dential district from a nonresidential
district is along a street or alley, and an
automobile parking lot or parking area is
located in the front yard of the nonresiden- j
tial use, then said parking lot or parking
area facing the residential lot, use, or !,i
district shall be suitably screened to a
height of not less than three and one-half
feet (3~').
(c) Garbage, refuse, and trash collection/storage
is permitted and the screening thereof is
required, then such screening shall be pro-
vided around the exposed perimeter thereof of
not less than six feet (6') in height.
(d) In all districts where open storage is per-
mitted and the screening thereof is required, i
• then such screening shall be provided around
the exposed perimeter thereof of not less than
six feet (6') in height.
(e) Off-street loading areas shall be adequately
screened from view of any residential dwelling
to or of any other adjacent residential land use.
(f> No screening element comprised of brick,
masonry, concrete, or solid metal shall be ~
erected or placed which would interfere with
the installation or maintenance of any public
utility line, service, or drainageway, within ~
the easements reserved therefor.
(g) All required screening elements shall be per-
manently and adequately maintained by the
nonresidential property owner.
(5) Barbed Wire Fences
(a) Barbed wire fences used in conjunction with
permitted agricultural and related activities
and in industrial districts are permitted
without restrictions, but are expressly prohi-
bited in all other districts except as pro- II
• vided below. i
I
(b) Barbed wire strands may be placed on top of
permitted fences and screening elements in any
district for the purpose of security from
theft, entry, and hazard around public utility
substations and uses of a similar nature, pro-
vided the top strand is not higher than eight
feet (8') nor the bottom strand lower than six
feet (6') from the adjacent grade line.
B. ACCESSORY BUILDINGS
i
The following regulations shall govern the location, Ili
size, and use of any accessory buildings:
(1) No accessor buildin shall re d 'n I~'
y g be e cte i any ~
required yard area as stipulated in this ordinance,
except as allowed in the following paragraphs.
(2) No accessory building shall be erected within
ten feet (10') of any other building, except:
detached residential garages may be located within I,
five feet (5') of the main dwelling; and the pro-
visions of paragraph (5) below are met. '~i
(3) No detached residential garage or carport shall be it
erected or placed closer to any street or alley
right-of-way line than the minimum yard require-
ments (building set-back line) governing the
district in which such garage or carport is located.
(4) No detached residential garage or carport shall be
erected or placed within eight feet (8') from any
side lot line.
(5) Residential accessory buildings and sheds housing
domestic lawn and garden equipment and all other ~
household effects may be detached or attached to
the main building but shall not encroach in any
required front yard and may not occupy more than
thirty percent (30$) of the rear yard.
(6) No accessory building shall be used for dwelling
purposes other than by domestic servants employed on
the premises, as provided in the applicable zoning
district.
(7) No accessory building shall be higher than the main
building and in no case be in excess, of eighteen ~I
feet (18') in height.
• (8) No accessory building shall be erected or placed ~I
within five feet (5') of any side or rear lot line ~I
and shall not encrouch upon any easement. I~
C. FRONT YARD ADJUSTMENTS
Front yard requirements as established in Section 16,
"Schedule of District Regulations" may be adjusted where
forty percent (40~) or more of the frontage on the same
side of a street between two (2) intersecting streets is
presently developed or may hereafter be developed with
buildings that have (with a variation of ten feet (10')
or less), a front yard greater or lesser in depth than
herein required, new buildings shall not be erected
closer to the street than the average front yard so ~I
established by the existing building.
D. PROJECTIONS OF BUILDINGS, STRUCTURES, AND APPURTENANCES ~I,
INTO REQUIRED YARDS
(1) Open or lattice enclosed fire escapes may project ~I,
into a required yard not to exceed five feet (5').
The ordinary projections of chimney's pilasters ~
shall be permitted by the city's building official
when place so as not to obstruct light and ven-
tilation.
(2) Terraces, balconies, decks, uncovered porches and I~
• ornamental features which do not extend more than
four feet (4') from the side wall line, above the
floor level of the ground (first) story, may pro-
ject into a required side yard, provided these pro-
jections be a distance at least two feet (2') from
any adjacent side lot line. Such features may not
project not a required front or rear yard more than
eight feet (8') from the front or rear wall line.
(3) An unenclosed porch containing not more than forty
(40) square feet may project into a required front
yard for a distance not to exceed five feet (5'). ~
(4) A carport or canopy may project into a required
side yard, provided every part of such carport or
canopy is unenclosed except for necessary struc-
tural supports, and not less than five feet (5')
from any side lot line.
(5) Every part of a required yard shall be open to the
sky, unobstructed by a building, except for the
ordinary projections of sills, belt courses, cor-
nices, and ornamental features not exceeding twelve
inches (12"), or as otherwise excepted in
paragraphs (1) through (4) above. Roof eaves may
project in required side yards not to exceed ~
twenty-four inches (24").
• E. PARKING, STORAGE, OR USE OF MAJOR RECREATIONAL
EQUIPMENT AND VEHICLES
No major recreational equipment shall be parked or
stored on any lot in a residential district except in a
carport or enclosed building, on a driveway, or in a
required side or rear yard; provided however, that such
equipment may be parked anywhere on a residential premi-
ses not to exceed twenty-four ( 24 ) hours during loading
or unloading.
No such equipment shall be used for living, sleeping, or ~i,
housekeeping purposes when parked or stored on a resi-
dential lot, except for the temporary housing of guests
not to exceed two (2) consecutive weeks.
For purposes of these regulations, major recreational
equipment is defined as including boats and boat
trailers, travel trailers, pickup campers, or coaches
(designed to be mounted on automotive vehicles),
motorized dwellings, tent trailers, and the like, and
cases or boxes used for transporting recreational equip-
ment, whether occupied by such equipment or not.
SECTION 18: BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY ~I
A. BUILDING PERMITS REQUIRED
No building or other structure shall be erected, moved,
added to, enclosed, or structurally altered without a I,
permit therefor where applicable, and issued by the ~
administrative official. No building permit shall be
issued by the administrative official except in confor-
mity with the provisions of this ordinance, unless he
receives a written order from the zoning board of
adjustment in the form of an administrative review, spe-
cial exception, or variance as provided by this ordi-
nance.
B. APPLICATION FOR BUILDING PERMIT
All applications for building permits shall be accom-
panied by plans in triplicate drawn to scale, showing
the actual dimensions and shape of the lot to be built
upon; the exact sizes and locations on ,the lot of
buildings already existing, if any; and the location
and dimensions of the proposed building or alteration.
• The application shall include such other information as
i~
i'~
i
• lawfully may be required by the administrative official,
including existing or proposed building or alteration;
existing or proposed uses of the building and land; the
number of families, housekeeping units, or rental units
the building is designed to accommodate; conditions
existing on the lot; and such other matters as may be
necessary to determine conformance with, and provide for
the enforcement of, this ordinance.
One (1) copy of the plans shall be returned to the !I,
applicant by the administrative official, after he shall
have marked such copy either as approved or disapproved ~I
and attested to same by his signature on such copy. The
original and one (1) copy of the plans, similarly
marked, shall be retained by the administrative official.
C. EXPIRATION OF BUILDING PERMIT
If the work described in any building permit has not
begun within six (6) calendar months from the date of
issuance thereof, said permit shall expire; it shall be
cancelled by the administrative official; and written
notice thereof shall be given to the persons affected,
together with notice that further work as described in
the cancelled permit shall not proceed unless and until
• a new building permit has been obtained.
D. CERTIFICATE OF OCCUPANCY REQUIRED FOR NEW, ALTERED OR
CHANGES IN USE OR NONCONFORMING USES
It shall be unlawful to use or occupy or permit the uses
or occupancy of any building or premises, or both, or
part thereof hereafter created, erected, changed, con-
, verted, or wholly or partly altered or enlarged in its
use or structure until a certificate of occupancy shall j
have been issued therefor by the administrative official I,
stating that the proposed use of the principal building
or land conforms to the requirements of this ordinance.
(1) No nonconforming building or use shall be main-
tained, renewed, changed, or extended until a cer-
tificate of occupancy shall have been issued by the
administrative official. The certificate of occu-
pancy shall state specifically wherein the noncon-
forming use differs from the provisions of this
ordinance, provided that upon enactment or amend-
ment of this ordinance, owners or occupants of non- '
conforming uses or buildings shall have three (3)
months to apply for certificates of occupancy.
• Failure to make such application within three (3)
months shall be presumptive evidence that the pro-
perty was in a nonconforming use at the time of
. enactment or amendment of this ordinance.
t2) No permit for erection, alteration, moving, or
structural repair of any building shall be issued L
until an application has been made for a cer-
tificate of occupancy, and the certificate shall be
issued in conformity with the provisions of this
ordinance upon completion of the work.
(3) A temporary certificate of occupancy may be issued ~I~
by the administrative official for a period not
exceeding six (6) months during alterations or par-
tial occupancy of a building pending its comple-
tion, provided that said temporary certificate may
include such conditions and safeguards as will pro-
tect the safety of the occupants and the public.
I
(4) The administrative official shall maintain a public
record of all certificates of occupancy.
(5) Failure to obtain a certificate of occupancy
shall be a violation of this ordinance and
punishable under Section 3 of this ordinance.
I~
E. CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS,-
• PLANS, PERMITS, AND CERTIFICATES OF OCCUPANCY
Building permits or certificates of occupancy issued on
the basis of plans and applications approved by the
administrative official authorize only the use, arrange-
ment, or construction set forth in such approved plans '
and applications, and no other use, arrangement, or
construction. Use, arrangement, or construction at
variance with that authorized shall be deemed violation
of this ordinance, and punishable as provided by Section
3.B. hereof.
II
SECTION 19: PARKING SPACE REGULATIONS
A. AUTOMOBILE PARKING SPACE REGULATIONS
Whenever any ordinance, regulation, or plan, enacted or
adopted by the city council is for the purpose of pro-
viding off-street automobile parking spaces or of
establishing requirements that such spaces ,be provided
within any section or sections of the city, then such
plan or requirements shall govern within such sections.
• Otherwise off-street automobile parking spaces shall be !I
provided as follows, applicable to buildings hereafter
erected and uses hereafter established, to such noncon- '
• forming uses as may be required to conform to the regu- ~
lations hereof, and to extensions and enlargements of
buildings and uses.
(1? Except as otherwise provided in this section, off- li
street parking spaces shall be provided as follows:
MINIMUM NUMBER OF
USE OF BUILDING OR SITE PARKING SPACES REQUIRED I~~
Residential:
Single family 2.0 per dwelling unit
Two family 2.0 per dwelling unit
Multifamily:
Efficiency and one bedroom 1.5 per dwelling unit
Two or more bedrooms 2.0 per dwelling unit 'I
Commercial: ~I
Offices and Banks 3.3 per 1,000 sq.ft. gros;
floor area
Clinics and Doctors' Offices 8.0 per 1,000 sq.ft. gros
floor area
General Retail 4.0 per 1,000 sq.ft. gros'
floor area
Shopping Centers 5.5 per 1,000 sq.ft. gros
floor area
Car Wash 0.3 per employee, plus l.(
for owner or manager, plug
reservoir parking as pro-',
vided below
Restaurants 0.3 per seat
Hotels, Motels 1.0 per rentable room plu;
0.5 per employee on any ore
shift
Halls for meeting, dancing, 5.0 per 1,000 sq.ft. gro s
social events floor area
Entertainment:
Bowling Alleys 5.0 per 1,000 sq.ft. gross
Pool Halls floor area
Industrial: 0.8 per employee on any one
shift
Auditoriums and Theaters: 0.3 per seat
Churches: 1.0 per six seats
Elementary and Junior High Schools: 1.0 per staff members ~
Hospitals: 1.2 per bed plus 1.0 per
three staff members on an
one shift
~I
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II
Nursing Homes 1.0 per five beds plus 1.0
per two staff members on
any one shift
Wholesale Storage and Jobbing 1.0 per employee, plus 1,0
per business vehicle par ed
on premises, plus 2.0 fore
visitor or customer parkiing
Off-street reservoir parking shall be provided for I~~
an automatically operated car wash equal to three
(3) times the maximum capacity of the car wash, and
for a manually operated car wash equal to six t6)
times the maximum capacity of the car wash, for
automobiles awaiting entrance. "Maximum Capacity"
shall mean the greatest number of automobiles
undergoing some phase of washing at the same time.
The required yard setbacks for any building shall
not be included in calculating the minimum space
requirements for off-street parking.
(2) Where a building or a site contains two (2) or more
uses, the off-street parking requirement shall be ~
computed as the sum of the required off-street ~I
parking spaces for each individual use.
. (3) Each business, commercial, manufacturing or
industrial use having deliveries made by truck more
than once a day between the hours of 8:00 a.m. and
6:00 p.m., or where the time of loading and
unloading materials or goods exceeds ten (10) minu-
tes between those hours, shall provide off-street
truck loading space on the lot, such space to be
not less than thirty-five feet t35') in length,
twelve feet i12') in width, and fifteen feet (15')
in height.
(4) For the purpose of this subsection, one parking
stall shall be not less than one hundred seventy-
five (175) square feet in area, together with wha-
tever area is required for means of ingress and
egress thereto, except that in the case where
attendants perform the act of parking in defined
and adequate stalls then each such stall shall be
considered a parking stall as required herein.
(5) A driveway for access to any single parking space
or to a parking lot shall be not less than eleven
feet (11') in width, nor more than thirty feet
(30') in width, at the property line along the
street and shall be so located as to minimize traf-
• fic hazard and congestion.
i
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(6) All required parking stalls shall be located on the 'i
premises to which such requirement applies or
within an off-street space distance not more than
five hundred feet (500') from such premises, pro-
vided that such stalls as are required for
employees and proprietors of any premises may be
located within an off-street space distance not
more than one thousand feet (1,000') from such pre-
mises except as otherwise provided in this subsec-
tion or other subsections of this Ordinance.
i
(7) Provision of parking stalls, shared jointly by ~
several persons in the same block or in the same
vicinity is permissible, in which case the .number
of stalls required shall be the sum total of the
individual requirements, provided that where it is
found by the board of appeals, upon application
thereto, that the parking demand generated by the
different uses included in any joint arrangement to ~,I
provide parking stalls required herein occurs at
distinctly different times, as in the case of a ~I
theater generating demand for parking during such
daytime hours, and in similar cases, the board may
reduce the total of number of parking stalls to be
jointly provided.
(8) All parking spaces required for any use and pro- ~I,
vided in compliance with the provisions of this
subsection on the same lot or plot as that occupied
by such use, shall be considered to be required
spaces for the use or uses to which appurtenant and
shall not be reduced or encroached upon in any
manner.
(9) The surface of parking stalls and aisles, truck
standing spaces, and access driveways therefor 'I
shall be treated, prepared and maintained for ade- ~I
quate drainage and the elimination of dust, dirt,
and mud, according to city specifications.
(10) In a case where existing off-street parking facili-
ties have unused parking capacity and where such
facilities are open to the use of the public free of
charge or at reasonable rates, the board may reduce
the parking space requirements for any use distance
not more than eight hundred feet (800') from such
facility or facilities, provided that the total
number of stalls in such reduction shall be not
greater than the total number of stalks of unused
capacity.
• I~'I
I~~~
• (11) In a case where any public or private off-street
parking facility, to be open to the use of the
public free of charge or at a reasonable rates, is
planned or is in process of development and where
the board has reasonable assurance that such deve-
lopment will be carried to completion and will when
completed relieve the parking demand in an area
within five hundred feet (500') thereof in some
measure or in full measure, the board may establish
a reasonable time period within which any use or
uses within such area shall provide required space
for parking stalls. Upon completion of all or a
portion of such development, the provision of
paragraph (10) above, may be applied by the board. ~I
(12) In a case where the customary mode of transpor- I~,
tation of a majority of the patrons, employees, and I,
proprietors of any use, to and from the area in
which such use is located, is other than by private
automobile, the board may reduce, by not to exceed
fifty percent (50$) the space required for parking i
stalls for such use.
i
(13) In a case where it is clearly shown by the appli-
cant to the satisfaction of the board that the pro-
• vision of the amount of space required herein for
parking stalls, due to the particular nature of the
proposed use or other condition, would be unne-
cessary or a practical difficulty or would create
an unnecessary hardship, the board may reduce such
requirement. i,
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B. RESIDENTIAL OFF-STREET PARKING
(1) Purpose I~,
It is recognized that uncontrolled residential off-
street parking, specifically in residential front
ards is a ublic nuisan Th
y , p ce. e purpose of this
subsection is to provide for the regulation of
residential off-street parking and to specify the
requirements for residential off-street parking as
they pertain to the appearance and the health,
safety, and welfare of the city.
(2) Definitions and Restrictions
It shall be illegal for any person ta, park or to
allow to be parked on any property under his
control any automobile, bus, truck, motorcycle,
. motorhome, camper, trailer, boat or any vehicle on
any portion of a front yard or side yard of any
area which is zoned R-1L, Single Family Residential,
R-l, Single Family Residential, R-2, Two Family
Residential under the Comprehensive Zoning
Ordinance unless:
(a) Said area is a part of a hard surfaced dri-
veway or parking area;
(b) Said area is a part of a gravel driveway bor-
dered by cement curbing or similar permanent II
border; or
(c) Said area is a part of a required driveway
that provides access to a garage, carport or
off-street parking area required by the
Comprehensive Zoning Ordinance; or
(d) Said area is part of a side yard which is
enclosed by a screening fence at least six
feet (6') in height and so constructed that no
person can see through into the area
surrounded by the fence.
(e) The term "vehicle" as used herein shall mean
every device in, upon, or by which any person
• or property is or may be transported or drawn '
upon a street or highway, except devices moved
exclusively in human power. The term "hard
surfaced" as used herein shall include cement,
asphalt, brick and other commonly accepted
pavement which may be approved by the building
official .
(f) A single-width driveway running from the ~I
street access to a garage or other parking
area shall not utilize more than fifteen per-
cent (15~) of any residential front yard,
except for front yards with a front footage
width of less than seventy feet (70'), in
which case the maximum width for a single dri-
veway shall be eleven feet (11').
(g) A double-width driveway running from the
street access to a garage or other parking
area shall not utilize more than twenty-seven
percent (27~) of any residential front yard;
provided, that the maximum width of a driveway
shall not exceed twenty-four feet (24') in any
case and shall not exceed eightee~4 feet (18')
for front yards with a front footage width of ~
• less than seventy feet (70').
II
(h) A triple-width driveway running from the
• street to a garage or other parking area shall
not utilize more than thirty-three percent
(33$) of any residential front yard; provided,
that the maximum width of a drivewy shall not I'
exceed thirty feet (30') in any case, and I'I
shall not be permitted for front yards with a I~
front footage width of less than eighty feet 'I
(80').
(i) A drive apron means the connection between a
driveway and the traveled portion of a street,
in the public right-of-way, including ,any
sidewalk area abutting thereon. II
(j) Circular driveways used for turnarounds or
through traffic shall not utilize more than
thirty percent (30~) of any residential front
yards or corner side yards, with a front '
footage or less than eighty feet (80').
SECTION 20: NONCONFORMING USES
A. INTENT I~
•
Within the districts established by this ordinance, or
amendments that may be adopted later, there exists:
(1) Lots and uses of lands,
(2) Buildings and structures,
(3) Uses of land and buildings in combination, and II!,
i
(4) Characteristics of use
which were lawful before this ordinance was passed
and amended, but which would be prohibited, regu-
lated or restricted under the terms of this ordi-
nance or future amendments. It is the intent of
this ordinance to permit these nonconformities to
continue until they are removed. It is further the '
intent of this ordinance that such nonconformities '
shall not be enlarged upon, expanded or extended,
nor be used as ground for adding other buildings
and structures or uses prohibited elsewhere in the ~I
same district.
I
•
it
III
Nonconforming uses are declared by this ordinance
to be incompatible with permitted uses in the
districts involved. A nonconforming use of a
building or structure, a nonconforming use of land,
or a nonconforming use of buildings and land in
combination shall not be extended or enlarged after
passage of this ordinance by attachment on a
building or premises of additional signs intended ~I
to be seen from off the premises, or by the addi- I,
tion of other uses, of a nature which would be pro-
hibited generally in the district involved.
To avoid undue hardship, nothing in this ordinance
shall be deemed to require a change in the plans,
construction, or designated use of any building on
which actual construction was lawfully begun prior
to the effective date of adoption or amendment of
this ordinance and upon which actual building II
construction has been carried on diligently.
Actual construction is hereby defined to include I~
the placing of construction materials in permanent
position and fastened in a permanent manner. Where ~I
excavation or demolition or removal of an existing ~I
building has been substantially begun preparatory j
to rebuilding, such excavation or demolition or j
removal shall be deemed to be actual construction,
provided that work shall be carried on dili-
gently.
B. NONCONFORMING LOTS OF RECORD
In any district in which residential commercial, or
industrial buildings are permitted, buildings may be ~I
erected on any single lot of record, or multiple lots of
contiguous street frontage in the same ownership, which
were recorded prior to the effective date of this ordi-
nance. This provision shall apply even though such lot ~
or lots fail to meet the minimum requirements for area,
width, or both, as governed by Section 16; however, all
other provisions of Section 16 shall apply. Any
required variances shall be obtained only through the
zoning board of adjustment.
(1) Conformance When
The lawful use of a building or land existing at
the date of enactment of this ordinance, although
such use does not conform to the provisions hereof,
may be continued, but if nonconforming use is
discontinued for a period of twelve (12) con-
• secutive calendar months it shall not thereafter be
resumed and any future use of such building or land
shall be in conformity with the provisions hereof.
I
The .use of land, if changed from a nonconforming
use, shall be in conformity with the provisions
hereof .
(2) Repairs - Cost Ceiling
The total structure repairs or alterations in a
nonconforming building shall not, during its life, I~
exceed fifty percent (50$), of the assessed value
of the building unless changed to a conforming use. ~I
The use of a nonconforming building may be changed
to another nonconforming use of the same or more
restricted classification.
(3) Extension When
A nonconforming use of a building or land shall not I~,
be extended unless changed to a conforming use.
I
(4) Classification Changes I!
Whenever the nonconforming use of a structure is ICI
changed to a use of a more restricted classifica-
tion such use shall not thereafter be changed to a
use of a less restricted classification.
For the purpose of this regulation uses permitted I!
in R-1L Districts shall be deemed to be those in
the most restricted classification.
(5) Restoration When ICI
I
A nonconforming structure destroyed or damaged by II
fire, flood, wind, earthquake, explosion or other
casualty, or by the public enemy, to the extent
where the cost of restoration would amount to less
than fifty percent (50~) of its assessed value may
be restored. If the damage is in excess of fifty
percent (50~) of its assessed value or restoration '
is not started within a period of one (1) year and
carried diligently to completion, application for
restoration shall be made to the Board of
Adjustment to permit such restoration. Property
owners, as shown by the city tax records on the
effective date of this ordinance shall be able to
restore their property regardless of the extent of
destruction, without making application to the
Board of Adjustment. However, said restoration
shall comply with all construction codes then in
effect within the city.
i
(6) Applicability
The provisions of this section shall apply to any
use that may become nonconforming use to a change
in the classification of the district in which
located, from the effective date of the ordinance
making the change. '
(7) Board Approved Use Conforms I'I
Any use which is permitted in a district only upon
11 u on its
action of the Board of Adjustment sha , p
establishment, be considered a conforming use in
that district, provided that this regulation shall
not be so interpreted as to waive any conditions of
a conditional permit for such use.
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SECTION 21: PLANNING AND ZONING COMMISSION
~I
A. CREATION OF PLANNING AND ZONING COMMISSION
There is hereby created a planning and zoning commission I,
which shall be organized, appointed and function as
follows:
The planning and zoning commission shall consist of five
(5) members who are residents of the City of Richland
Hills, each to be appointed by the city council for a ~I
term of two (2) years and removable for cause by the
appointing authority upon written charges and afer
public hearing. The city council shall designate one
(1) member as chairman. Vacancies shall be filled for
the unexpired term of any member, whose place becomes
vacant for any cause, in the same manner as the original
appointment was made. Provided, however, that the city
council may appoint two (2) alternate members of the
planning and zoning commission who shall serve in the
absence of one (1) or more of the regular members when
requested to do so by the chairman or city administra-
tor, as the case may be.
The terms of three t 3 ) members shall expire in May of
each odd-numbered year and the terms of two (2) of the
members shall expire in May of each even-numbered year. '
Commission members may be appointed to succeed them-
selves. Vacancies shall be filled for unexpired terms,
but no member shall be appointed for a term in excess of II
two (2) years. Newly-appointed members shall be
installed at the first regular commission meeting after
their appointment.
B. ORGANIZATION
The commission shall hold an organizational meeting in
May of each year. The commission shall meet regularly
and shall designate the time and place of its meetings. I,
The commission shall adopt its own rules or procedure
and keep a record of its proceedings consistent with the
provisions of this ordinance and the requirements of
law.
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C. DUTIES AND POWERS
The planning and zoning commission is hereby charged j
with the duty and invested with the authority to:
(1) Inspect property and premises at reasonable hours
where required in the discharge of its respon-
sibilities under the laws of the State of Texas and
of the City.
(2) Recommend to the city council approval or disappro- III
val of proposed changes in the zoning plan.
(3) Formulate and recommend to the city council for its
adoption a city plan for the orderly growth and
development of the city and its environs and from
time-to-time recommend such changes in the plan as
it finds will facilitate the movement of people and
goods, and the health, recreation safety, and
general welfare of the citizens of the city.
(4) Formulate a zoning plan as may be deemed best to
carry out the goals of the city plan; hold public
hearings and make recommendations to the city coun- ~I
cil relating to the creation, amendment, and imple- ~I
mentation of zoning regulations and districts as
provided in Articles lOlla to lOllk, Revised Civil
Statutes of Texas, as amended, authorizing cities
and incorporated villages to pass regulations; all
powers granted under said Act are specifically
adopted and made a part hereof.
(5) Exercise all the powers of a commission as to
approval or disapproval of plans, plats, or replats
set out in Article 974a and 970a, Revised Civil
Statutes of Texas.
I
(6) Study and recommend on the location, extension and
planning of public rights-of-ways, parks or other
public places, and on the vacating or closing of
same.
VIII
(7) Study and recommend on the general design and loca-
tion of public buildings, bridges, viaducts, street '
fixtures and other structures appurtenances. Study
and recommend on the design or alteration and on
the location or relocation of works of art which
are, or may become, the property of the city.
(8) Inititate, in the name of the city, for con-
sideration at public hearing all proposals: (a)
for the opening, vacating or closing of public
rights-of-way, parks or other public places; or
closing of public rights-of-way, parks or other
public places; (b) for the change of zoning
district boundaries on an area-wide basis. No fee
shall be required for the filing of any such propo- ~I
sal in the name of the city.
(9) Formulate and recommend to the city council for its
adoption policies and regulations consistent with
the adopted city plan governing the location and/or
operation of utilities, public facilities, and ser-
vices owned or under the control of the city.
(10) Submit each May a progress report to the city coun-
cil summarizing its activities, major accomplish-
ments for the past year, and a proposed work
program for the coming year. The report shall con-
tain for the year the attendance record of all mem-
bers and the identity of commission officers.
D. MEETING AND QUORUM ~
(1) A quorum for the conduct of business shall consist
of thref (3) members of the commission. The mem-
bers o the commission shall regularly attend
meetings and public hearings of the commission and
shall serve without compensation, except for reim-
bursement of authorized expenses attendant to the
performance of their duties.
SECTION 22: BOARD OF ADJUSTMENT
~I
A. ORGANIZATION OF BOARD OF ADJUSTMENT
There is hereby created a board of adjustment which
shall be organized, appointed, and function as follows:
The board of adjustment shall consist of five (5) mem-
bers who are residents of the City of Richland Hills,
each to be appointed by the city council for a term of ~II'
. two (2) years and removable for cause by the appointing III
authority upon written charges and after public hearing. '
The city council shall designate one (1) member as
chairman. Vacancies shall be filled for the unexpired
term of any member, whose place becomes vacant for any
cause, in the same manner as the original appointment
was made. Provided, however, that the city council may
appoint two (2) alternate members of the board of adjust-
ment who shall serve in the absence of one (1) or more
of the regular members when requested to do so by the
chairman of the board or city administrator, as the case
may be. All cases to be heard by the board of adjust-
ment will always be heard by a minimum of four ( 4 ) mem-
bers. These alternate members, when appointed, shall
serve for the same period as the regular members, which
is for a term of two (2) years, and any vacancy shall be
filled in the same manner and they shall be subject to
removal the same as the regular members.
III
B. OPERATIONAL PROCEDURE
(1) The board shall adopt rules to govern its pro-
ceedings provided, however, that such rules are not ~I
inconsistent with this ordinance or state law.
Meetings of the board shall be held at the call of
the chairman and at such other times as the board ,
may determine. The chairman, or in his absence, II
the acting chairman, may administer oath and compel 'I,
the attendance of witnesses. III
(2) All meetings of the board shall be open to the III
public. The board shall keep minutes of its pro- II
ceedings, showing the vote of each member upon each II
question if absent of failing to vote, indicating
such fact, and shall keep record of its examinatons
and other official actions, all of which shall be
immediately filed in the office of the board and
shall be a public record.
(3) Appeals to the board of adjustment can be taken by
any person aggrieved or by an officer, department, '
or board of the municipality affected by any deci-
sion of the building inspector. Such appeal shall
be taken within fifteen (15) days after the deci-
sion has been rendered by the administrative
officer, by filing with the officer from whom the
appeal is taken and with the board of adjustment, a L
notice of appeal specifying the grounds thereof . II
The officer from whom the appeal is taken shall II
• forthwith transmit to the board all the papers
constituting the records upon which the action f
appealed from was taken. I
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(4) An appeal shall stay all proceedings in furtherance ~I
• of the action appealed from unless the officer from
whom the appeal is taken certifies to the board of
adjustment after the notice of appeal shall have
been filed with him, that by reasons of facts
stated in the certificate, a stay would, in his
opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed
otherwise than by a restraining order which may be
granted by the board of adjustment or a court of
record on application or notice to the officer from
whom the appeal is taken and on due cause shown.
(5) No appeal to the board of adjustment for the same
or reltaed variance on the same piece of property
shall be allowed prior to the expiration of six (6)
months from a previous ruling of the board on any
appeal to such body unless other property in the
immediate vicinity has, within the said six (6)
months period, been changed or acted on by the
board of adjustments or city council so as to alter
the facts and conditions on which the previous
board action was based. Such change of circumstan-
ces shall permit the re-hearing of an appeal by the
board of adjustment, prior to the expiration of six
(6) months period, but such conditions shall in no
• wise have any force inlaw to compel the board of
adjustment, after a hearing to grant a subsequent
appeal. Such subsequent appeal shall be considered
entirely on its merits and the peculiar and speci-
fic condtions related to the property on which the
appeal is brought.
(6) At a public hearing relative to any appeal, any
interested party may appear in person or by agent
or by attorney. The burden of proof shall be on
the applicant to establish the necessary facts to
warrant favorable action of the board of adjustment
on any appeal. Any special exception or variance
granted or authorized by the board of adjustment
under the provisions of this ordinance shall
authorize the issuance of a building permit or a
certificate of occupancy, as the case may be, for a
period of ninety (90) days from the date of the
favorable action of the board unless said board
shall have in its action approved a longer period ~
of time and has so shown such specific longer
period in the minutes of its action. If the
building permit and/or certificate o€ occupancy
shall not have been applied for within'said ninety
(90) day period or such extended period as the
• board may have specifically granted, then the spe-
cial exception or variance shall be deemed to have
i
i
been waived and all rights thereunder terminated.
Such termination and waiver shall be without preju-
dice to a subsequent appeal and such subsequent
appeal shall be subject to the same regulation and
requirement for hearing as herein specified for the
original appeal.
C. ACTIONS OF THE BOARD OF ADJUSTMENT
(1) In exercising its powers, the board may, in confor-
mity with the provisions of the Statutes of the
State of Texas as existing or hereafter amended,
reverse or affirm wholly or partly, or may modify
the order, requirement, decision or determination as
ought to be made and shall have all the powers of
the officer from whom the appeal is taken. The
board shall have the power to impose reasonable
conditions to be complied with by the applicant.
(2) The concurring vote of four (4) members of the
board shall be necessary to reverse any order,
requirement, decision or determination of any such
administrative official, or to decide in favor of
the application on any matter upon which it is
required to pass under this ordinance or to effect
• any variance in said ordinance.
(3) Any person or persons, jointly or severally
aggrieved by any decision of the board of adjust-
ment or any taxpayer or any officer, department, or
board of the municipality may present to a court of
record (District Court) a petition, duly verified,
setting forth that such decision is illegal, in
whole or in part, specifying the grounds of illega-
lity. Such petition shall be presented to the
court within ten (10) days after the filing of the
decision in the office of the board and not
thereafter .
D. NOTICE OF HEARING BEFORE BOARD OF ADJUSTMENT REQUIRED
The board of adjustment shall hold a public hearing on
all appeals made to it and written notice of such public
hearings shall be sent to the applicant and all other
persons who are owners of real property lying within two
hundred feet (200') of the property on which the appeal
is made. Such notice shall be given no less than ten j
(10) days before the date set for hearing ~to all such
owners who have rendered their said property for city
. taxes as the ownership appears on the last city tax
roll. Such notice may be served by depositing the same
• properly addressed and postage paid in the United States
Post Office. Notice shall also be given by publishing ~
the same in the offical publication of the City of
Richland Hills at least ten (10) days prior to the date
set for hearing, which notice shall state the time and
place of such hearing.
E. JURISDICTION OF BOARD OF ADJUSTMENT
When, in its judgment the public convenience and welfare
will be substantially served and the appropriate use of
the neighboring property will not be substantially or
permanently injured, the board of adjustment may, in
specific cases, after public notice and public hearing
and subject to appropriate conditions and safeguards,
authorize the following special variances and exceptions
to the regulations herein established and take action
relative to the continuance and discontinuance of a non-
conforming use.
(1) Consider applications for conditooal uses as set
forth in Section 6.
(2) To hear and decide appeals where it is alleged
• there is error on any order, requirement, decision,
or determination made by the building inspector in
the enforcement of this ordinance.
(3) Interpret the intent of the zoning district map
where uncertainty exists because the physical
features on the ground vary from those on the
zoning district map and none of the rules set forth
in Section 5 apply.
(4) Initiate on its motion or cause presented by
interested property owners action to bring about
the discontinuance of a nonconforming use.
(5) Require the discontinuance of a nonconforming use
under any plan whereby full value of the structure
can be amortized within a definite period of time,
taking into consideration the general character of
the neighborhood and the necessity for all property
to conform to the regulations of this ordinance.
(6) Permit the change of occupancy of a nonconforming
use to another nonconforming use in accordance with
the provisions of Section 20.
(7) Permit the enlargement of a nonconforming use in
• accordance with the provisions of Section 20.
i
(8) Permit the reconstruction of a nonconforming struc-
• ture or building on the lot or tract occupied by
such building, provided such reconstruction does
not, in the judgment of the board, prevent the
return of such property to a conforming use or
increase the nonconformity of a nonconforming
structure and provided that such actions conform to
the provisions of Section 20.
(9) Require the vacation and demolition of a noncon-
forming structure which is deemed to be obsolete,
dilapidated, or substandard.
(10) Permit such variance of the front yard, side yard,
rear yard, lot width, lot depth, coverage, minimum
setback standards, off-street parking or off-street
loading regulations where the literal enforcement
of the provisions of this ordinance would result in
an unnecessary hardship, and where such variance is
necessary to permit a specific parcel of land which
differs from other parcels of land in the same dis-
trict by being of such area, shape or slope that it
cannot be developed in a manner commensurate with
the development permitted upon other parcels of
land in the same district. A modification of the
• standards established by this ordinance shall not
be granted to relieve a self-created or personal
hardship, nor for financial reason only, nor shall
such modification be granted to permit any person a
privilege in developing a parcel of land not per-
mitted by this ordinance to other parcels of land
in the district.
i
SECTION 23: AMENDMENTS ~
A. GENERAL
The zoning regulations, restrictions, and boundaries may
from time to time be amended, supplemented, changed,
modified or repealed. Such amendments, supplements,
changes, modification, or repeal shall be deemed to
amend, supplement, change, modify, or repeal the compre-
hensive plan of the city and shall become a part of such
comprehensive plan. The planning and zoning commission
and its composition and duties are established by the
City Council of Richland Hills.
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B. AMENDMENT INITIATION
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An amendment to this ordinance may be initiated by:
(1) City council on its own motion; I
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(2) Planning and zoning commission; or
(3) Request by owner or agent of owner of property to
be changed.
C. PROCEDURE
All requests for amendments to zoning district boun-
daries shall be submitted, together with required fees
to the administrative official, which officer shall
cause notices to be sent and the petition placed on the
planning and zoning commission agenda.
The city council may not enact any proposed amendment
until the planning and zoning commission makes its final
report to the city council. The city council may refer
proposed amendments to the planning and zoning com-
mission for recommendation. Requests for changes in
zoning districts shall include the proposed designation
or designations for the area concerned. Alternative
• proposals may be made at the time of filing the original
request for amendment, however all hearings and deli-
berations shall be limited to the request as submitted
by the applicant at the time of original filing.
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D. PUBLIC HEARING AND NOTICE
Prior to making its report to the city council, the
planning and zoning commission shall hold at least one
(1) public hearing thereon. Written notice of all
public hearings on proposed changes in district boun-
daries shall be sent not less than ten (10) days before
such hearing is held to all owners of property who have
rendered their property for city taxes, which is located
within the area proposed to be changed, within two
hundred feet (200') of such property or within two
hundred feet (200') of any other adjacent property under
the same ownership as the tract to be rezoned.
Measurements shall be taken exclusive of public streets.
Such notice may be served by using the last known
address as listed on the city tax roll and depositing
the notice, postage paid, in the United States Mail. No
notice of hearings before the planning anc~ zoning com-
mission on proposed changes in zoning regulations need
be given except as may be required by "open meeting"
laws.
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E. COMMISSION REPORT
The planning and zoning commission, after the public
hearing is closed, shall vote on its recommendations on
the proposed change to be sent in a report to the city
council. Such report may recommend for or against such
proposed change and may, but need not, include reasons
for such decision. The commission may defer its report
for not more than sixty (60) days until it has had
opportunity to consider other proposed changes which may
have a direct bearing thereon. If the commission fails
to finally report after sixty (60> days, it would be
deemed to have recommended negatively to the proposal.
F. FORWARDING FINAL REPORT
Every proposal receiving a final report by the com-
mission shall be forwarded to the council for setting
and holding of public hearing thereon. No change,
however, shall become effective until after the adoption
of an ordinance for same and its publication as required
by law.
G. WITHDRAWAL
• Any proposal or application may be withdrawn by the pro-
ponent after the commission makes its final report, and
such proposal or application shall not be subject to the
provision hereof that a period of time must pass before
a new application is considered. If such proposal is
withdrawn, the council will not consider it. Any propo-
sal or application withdrawn may be resubmitted and
shall be subject to all fees and notice requirements as
an original application.
H. SIGN POSTING
The administrative official shall have at least one (1)
sign erected on the property to be rezoned which sign
shall have a total area of at least four (4) square
feet. Such sign or signs shall, if possible, be located
adjacent to streets. Such sign shall be erected on or
before the first date of the first notice to property
owners and shall be removed immediately after final I
action by the city council or when the applicant
withdraws the request, whichever comes first. The sign
shall contain a notice of the present zoning classifica-
tion, the requested zoning, the name of the owner of the
• property, the name of the applicant and the telephone
number of the public official from whom dates of public
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• hearings may be obtained. The erection or continued
maintenance of signs shall not be deemed a condition
precedent to the granting of any zoning change or
holding of any public hearing.
I. COUNCIL HEARING AND NOTICE
The city council may from time to time amend, supple-
ment, or change by ordinance the boundaries of the
districts or the regulations herein established. A
public hearing on such amendment, supplement, or change
shall be held by the council. Notice of council hearing
shall be given by publication one (1) time in the offi-
cial newspaper of the city, stating the time and place
of such hearing, which time shall not be earlier than
fifteen (15) days from the date of publication. No such
amendment, supplement, or change shall be considered
unless and until the commission makes its final report
thereon. Publication of such change shall be
accomplished by publishing the descriptive caption and
penalty clause of the ordinance amending the comprehen- ,
sive plan to incorporate the change. I
J. APPLICATION NOT TO BE CONSIDERED FOR ANOTHER SIX MONTHS
. AFTER DENIAL OF REQUEST FOR REZONING
No application for rezoning shall be considered within
six (6) months of denial of a request by the city coun-
cil for the same classification on the same property.
K. PROTEST AGAINST CHANGE
In case of a protest against such change signed by the
owners of twenty percent (20$) or more either of the
land included in such proposed change, or of the land
within two hundred feet (200') thereof, excluding any
intervening pubilc street, such amendment shall not
become effective except by the favorable vote of three-
fourths (3/4) of all the members of the city council
present and qualified to vote. (5/6, 4/5, 3/4)
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L. COUNCIL ACTION ON APPLICATION
The proponent of any zone change shall satisfy the city
council that either the general welfare of ,all the city
affected by the area to be changed will be enhanced, or
that the property is unusable for the purposes allowed
• under existing zoning. If such is proved to the coun-
• cil's satisfaction, it may grant the requested zone
change; or it may change the zone's designation of a
portion of such property; or it may initiate a request
to consider changing all or a portion of such property
to a district other than that requested and of a dif-
ferent character.
M. SITE PLAN AND SUPPORTING DOCUMENTS REQUIRED; PETITION
FOR ZONING DISTRICT CHANGE OR CONDITIONAL USE
When in the opinion of the planning and zoning com-
mission, city council, or zoning board of adjustment
that greater information is required from the petitioner
concerning the nature, extent, and impact of his
request, than supplied with his applicaton for a change
in zoning or conditional use permit, in order for such
commission, council, or board to properly review and
evaluate all relevant factors thereof, said commission,
council, or board may require the applicant to submit a
site plan and supporting documents conforming with all
or a portion of the requirements set forth in this sub-
section, prior to rendering a decision thereon.
The petitioner is encouraged to meet with the
appropriate commission, council, or board in an informal
• work session to ascertain the exact extent of plans and
documents required, if any, prior to the city initiating
the advertisement for public hearing on the petition.
The general type and extent of plans and supporting
documents which may be required of the petitioner
include, but are not necessarily limited to:
(1) Site Plan
Meeting all of the requirements of a "preliminary
plat" as described in the city's subdivision regu-
lations, except that topographic and drainage map
information provisions may be waived by the
reviewing body when the inclusion of such data would
not materially contribute to the necessary eva-
luation of the project's petition. Additional site
plan drawing information which the reviewing body
may require include:
(a) Existing and proposed zoning district;
(b) General outline of extensive tree, cover areas;
(c) Drainage ways, and 100-year flood plain
• limits; ~
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(d) Proposed treatment for screening the perimeter
• of the land embraced by the petition,
including screening of internal separations of ~
land use where required;
(e) Proposed internal nonvehicluar circulation
linkages, such as: pedestrian paths and hike
trails; bike trails; and equestrian bridle
paths, where applicable, including their
interrelationships with vehicular circulation
systems and proposed handling of points of
conflict;
(f> A tabular summary schedule indicating;
(i) The gross acreage and percent of each
type of zoning category proposed;
(ii) The gross acreage and percent of each
type of land use proposed, with streets
and open space categories listed separa-
tely, and residential uses further stra-
tified as to type, i.e., single family,
two-family, multi-family townhouse, etc.,
including the total gross project
acreage;
• (iii) The gross residential density of each
type of residential land use proposed, ~
expressed in dwelling units per acre; and
based on net residential land use plus
one-half of any abutting street,
only;
(iv) The quantitative number of dwelling units
proposed for each residential dwelling
type, i.e., single family, two-family,
etc.;
(v) Proposed maximum lot coverage by building
types (i.e., 1/F, 2/F, M/F, commercial,
office, industrial, etc.) expressed in
terms of percent or floor area ratio of
the lot or site.
(2) Architectural Drawings
Elevations, concept sketches, or renderings
depicting building types and other signficant pro-
posed improvements including the treatment and use
of open spaces, etc., where the submission of such
drawings would more clearly portray the nature and
• character of the applicant's land use and develop-
ment proposals.
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(3) Written Documents
In narrative form on 8~" X 11" sheets, including:
(a) Statement(s) on planning objectives to be
achieved in use/development proposal,
including a narrative description of the
character of the proposed development and
rationale behind the assumptions and choi-
ces made by the applicant, including use
and ownership of open spaces, etc.
(b) Legal description of the total site area pro-
posed for rezoning, development, or conditonal
use permit.
(c) A development schedule indicating the approxi-
mate date(s) when construction of the proposed
development, and subsequent stages or phases
thereof, if any, can be expected to begin and
be completed, to the best of the applicant's
knowledge and belief.
(d) A statement as to the present and proposed
ownership of the site or parcels thereof
• embraced by the application.
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(e) Economic feasibility and/or market analysis
studies, when deemed necessary by the re-
viewing body to adequately assess the neces-
sity for zoning certain parcels to the sizes I
indicated by the applicant, or to evaluate
the need for granting a conditional use per-
mit.
(f) Environmental assessment statement, prepared
pursuant to the National Environmental Policy
Act of 1969, and any subsequent amendments
thereto, when deemed necessary by the review-
ing body to properly assess the impact of the
proposed development/land use on the existing
environment.
(g) Statement(s) as to how and when the applicant
proposes to provide water and sewer to the
development.
(h) Signature, title, and date of the applicant,
at the conclusion of the written documents i
certifying the information presented in the
plans and supporting documents reflecting a
• reasonably accurate portrayal of the general
nature and character of the proposals.
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SECTION 24: SEPARABILITY CLAUSE
i If any section, paragraph, subdivision, clause, phrase,
or provision of this-ordinance shall be adjudged invalid
or held unconstitutional, the same shall not affect the
validity of this ordinance as a whole or any part of ,
provisions thereof other than the part so decided to be
invalid or unconstitutional.
SECTION 25: REPEAL OF CONFLICTING ORDINANCES
That all ordinances specifically including Ordinance No.
16 and all amendments thereto, or parts of ordinances in
force when the provisions of this .ordinance become
effective which are inconsistent or in conflict with the
terms or provisions contained in this- ordinance are
hereby repealed to the extent of any such conflict.
SECTIN 26: EFFECTIVE DATE
This ordinance shall take effect immediately from and
after its passage and publication of the caption.
PASSED AND APPROVED this 15th day of October 1984,
•
by the City Council of the City of chland Hi , Texas.
r
. Ragan
Mayor
ATTEST:
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Barbara Wright ~
City Secretary ssistant
Dates of Public Hearings:
Planning and Zoning ~-y-84
City Council - -8 "
City Council 7-16-8~ ~
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ZONING
• ILLUSTRATIONS
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Note: For information only;
not part of code. I
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