Ordinance No. 11,866ORDINANCE NO. 11,866
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING CHAPTER 130 "ZONING" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS. AMENDING THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADOPT THE NEW ZONING
REGULATIONS TO BE INCLUDED IN A NEW UNIFIED LAND
DEVELOPMENT CODE; AMENDING CHAPTER 2 "ADMINISTRATION,"
ARTICLE IV `BOARDS AND COMMISSIONS," DIVISION 3 "PLANNING
AND ZONING COMMISSION," SECTION 2 -326 "POWERS AND DUTIES,"
SUBSECTION (7); AND DIVISION 10 "BOARD OF ADJUSTMENT,"
SECTION 2 -547 "POWERS AND DUTIES" AND ARTICLE V "FINANCE,"
DIVISION 1 "GENERALLY," SECTION 2 -595 "POWERS AND DUTIES,"
SUBSECTION (1) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS;
AMENDING CHAPTER 18 "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE XII "FENCING," DIVISION 2 "BUFFER
FENCING," SECTION 18 -1006 "CONSTRUCTION OF DIVISION "; ARTICLE
XIV "LANDSCAPING," SECTION 18- 1206.5 "VEGETATIVE BUFFER
ZONES" AND ARTICLE XV "VACANT BUILDINGS," SECTION 18 -1303
"DEFINITIONS," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS;
AMENDING CHAPTER 21 "CABLE AND TELECOMMUNICATION
REGULATIONS," ARTICLE III "TELECOMMUNICATION
REGULATIONS," DIVISION 2 "STANDARDS," SECTION 21 -111
"TELECOMMUNICATION TOWER STANDARDS," SUBSECTION (D);
SECTION 21 -112 "TOWER LOCATION STANDARDS," SUBSECTIONS (B),
(E), (F) AND (G), SECTION 21 -113 "ALTERNATIVE MOUNTING
STRUCTURES'; SECTION 21 -114 "ANTENNA MOUNTING STANDARDS ";
SECTION 21 -116 "MEASUREMENT OF DISTANCES "; SECTION 21 -117
"SUMMARY TABLE "; AND DIVISION 3 "SPECIAL USE PERMITS,"
SECTION 21 -125 "PUBLIC HEARINGS" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS; AMENDING CHAPTER 58 "MANUFACTURED
HOMES, MOBILE HOMES, RECREATIONAL VEHICLES AND PARKS,"
ARTICLE III "NEW MANUFACTURED HOMES," DIVISION 2 "OUTSIDE
MANUFACTURED HOME PARKS," SECTION 58 -161 "ESTABLISHED
LOCATIONS'; SECTION 58 -163 "AREA REQUIREMENTS" AND ARTICLE
IV "RECREATIONAL VEHICLES," DIVISION 1 "GENERALLY," SECTION
58 -233 "DEFINITIONS" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS; AMENDING CHAPTER 62 "NATURAL RESOURCES," ARTICLE II
"OIL AND GAS," DIVISION 3 "WELL SPACING," SECTION 62 -108
"MULTIPLE WELLS FROM ONE SURFACE LOCATION"; AND DIVISION
4 "TECHNICAL PROVISIONS," SECTION 62 -137 "TECHNICAL
REQUIREMENTS," SUBSECTION (22) OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS; AMENDING CHAPTER 74 "PEDDLERS AND
SOLICITORS," ARTICLE II "ITINERANT MERCHANTS AND OPEN AIR
VENDORS," DIVISION 1 "GENERALLY," SECTION 74 -33 "GENERAL
PROHIBITIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS;
AMENDING CHAPTER 82 "SECONDHAND GOODS," ARTICLE N
"GARAGE SALES," SECTION 82 -204 "PERSONS AND SALES EXCEPTED"
OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING
CHAPTER 112 "OFF- STREET PARKING," SECTION 112 -2
"APPLICABILITY" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS;
AMENDING CHAPTER 126 "SUBDIVISIONS," ARTICLE III
"DEVELOPMENTS," DIVISION 3 "COMMERCIAL DEVELOPMENTS,"
SECTION 126 -387 "OFF- STREET PARKING'; DIVISION 5 "PRIVATE
SUBDIVISION DEVELOPMENT," SECTION 126 -436 "LOT SIZE "; AND
ARTICLE V "ENGINEERING AND CONSTRUCTION STANDARDS,"
DIVISION 2 "STREETS" SECTION 126 -641 "STANDARDS" OF THE CODE
OF ORDINANCES BAYTOWN, TEXAS; PRESCRIBING A MAXIMUM
PENALTY OF TWO THOUSAND AND NO /100 DOLLARS ($2,000.00) FOR
REGULATIONS GOVERNING FIRE, SAFETY, ZONING OR PUBLIC
HEALTH OR SANITATION AND A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO /100 DOLLARS ($500.00) FOR ALL OTHER
VIOLATIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 130 "Zoning" of the Code of Ordinances, Baytown, Texas, is
hereby repealed in its entirety.
Section 2: That the Code of Ordinances, Baytown, Texas, is hereby amended to
include the regulations attached hereto as Exhibit "A" and incorporated herein for all intents and
purposes, which regulations shall be included in a new Unified Land Development Code.
Section 3: That Chapter 2 "Administration," Article IV `Boards and Commissions,"
Division 3 "Planning and Zoning Commission," Section 2 -326 "Powers and duties," subsection
(7) of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 3. PLANNING AND ZONING COMMISSION
Sec. 2 -326. Powers and duties.
The planning and zoning commission shall exercise the following powers and shall be
required to:
(7) Recommend boundaries for various original zoning districts and appropriate
zoning regulations for each district; recommend appropriate regulations to be
enforced therein; make a preliminary report concerning the recommended
boundaries and appropriate zoning regulations for each district; hold public
hearings on the preliminary report; make a final report and submit such report to
the city council; hold public meetings to receive and compile comments on the
unified land development code and make those comments available to city
council; and perform such other functions as conferred on a zoning commission
by V.T.C.A., Local Government Code, ch. 211 and the unified land development
code; and
Section 4: That Chapter 2 "Administration," Article IV "Boards and Commissions,"
Division 10 "Board of Adjustment," Section 2 -547 "Powers and duties" of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 10. BOARD OF ADJUSTMENT
Sec. 2 -547. Powers and duties.
The board of adjustment shall exercise the powers and shall be required to:
(1) Hear and decide appeals where it is alleged that there is an error in any order or
decision by city officials in the administration and enforcement of the unified land
development code;
(2) Hear and decide appeals of any interpretation of the text of the zoning regulations
contained in the unified land development code made by the director of planning
and development services;
(3) Hear and decide requests for zoning variances from the terms of the unified land
development code pursuant to the procedures and standards set for therein; and
(4) Hear and decide other matters as authorized by the unified land development
code.
Section 5: That Chapter 2 "Administration," Article V "Finance," Division 1
"Generally," Section 2 -595 "Powers and duties," subsection (1) of the Code of Ordinances,
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 3. PLANNING AND ZONING COMMISSION
Sec. 2 -595. Fees for various city services.
The fees set out below are adopted for the city services outlined herein:
(1) Planning services. Any person applying to the city for a permit or approval for the
following planning services shall pay to the city, prior to the issuance of the
permit or obtaining an approval, the fee as indicated hereinbelow:
Activity
Fee
Fire lane easements
$150.00
Home occupation
$25.00, annual fee $7.00
Special use permit processing fee
$500.00
Zoning text or map amendment
application fee
$150.00
Zoning variance or special
exception application fee
$100.00
Section 6: That Chapter 18 "Buildings and Building Regulations," Article XII
"Fencing," Division 2 "Buffer Fencing," Section 18 -1006 "Construction of division" of the Code
of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE XII. FENCING
DIVISION 2. BUFFER FENCING
Sec. 18 -1006. Construction of division.
Nothing in this division shall be construed to require the applicant for a building permit,
as described in section 18 -1010, to erect a fence between the property for which the permit is
sought and the abutting property for which a use is made other than as existing one or two living
units. This division shall not be construed to require fencing between such property and abutting
vacant, non - deed - restrictive property at the time of the building permit application unless
otherwise required by the unified land development code.
4
Section 7: That Chapter 18 "Buildings and Building Regulations," Article XIV
"Landscaping," Section 18- 1206.5 "Vegetative buffer zones" of the Code of Ordinances,
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE XIV. LANDSCAPING
Sec. 18-1206.5. Vegetative buffer zones.
(a) Purposes. The purpose of the vegetative buffer zones required herein is to guard against
incompatible uses in adjacent zoning districts by providing a visual screen, a light barrier,
a sound barrier and some containment of air movement near the ground level. The
provisions of this section shall be construed to accomplish these purposes.
(b) Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
H1 zoning district shall mean the HI heavy industrial zoning district established in
the unified land development code.
LI zoning district shall mean the LI light industrial zoning district established in
the unified land development code.
Vegetative buffer zone has the meaning ascribed to it in the unified land development
code.
(c) General. The LI and HI zoning districts shall be screened from view of (i) adjacent SFE,
SF1, SF2, MF1, MF2, MF3, NC, UN, MU, NSC, ACE, and LC zoning districts, (ii) an
adjacent lot that contains a dwelling unit and (iii) adjacent HI and LI districts if a public
right -of -way or navigable waterway is adjacent to such HI or LI district. Such screening
shall be accomplished through the use of landscaping materials as required herein. At
least 50 percent of the shade trees and small trees required shall be evergreens. No more
than 50 percent of such trees shall be of the same species Such percentages shall be
determined on a per lot basis.
(1) LI zoning district. The vegetative buffer zone in the LI zoning district shall be
divided into the following zones:
a. LI zone 1 shall extend 25 feet inward from the outer boundary of the
vegetative buffer zone, and
b. LI zone 2 shall extend 25 feet inward from the inner boundary of LI zone
1.
(2) HI zoning district. The vegetative buffer zone in the HI zoning district shall be
divided into the following zones:
a. HI zone 1 shall extend 25 feet inward from the outer boundary vegetative
buffer zone;
b. HI zone 2 shall extend 25 feet inward from the inner boundary of HI zone
1; and
C. HI zone 3 shall extend 50 feet inward from the inner boundary of HI zone
2.
(d) Exemption. A vegetative buffer zone shall be exempt from sections 18 -1205 and 18 -1206.
(e) Landscaping requirements. The landscaping requirements of this subsection are intended
to provide a continuous vegetative screening of the district. The following contain the
minimum standards; however additional plantings may be required to accomplish this
purpose.
(1) LI zoning district.
a. LI zone 1. The owner shall plant and maintain at least the following in LI
zone 1:
1. Mixture of small trees and shade trees, which shall be planted
every 30 linear feet, 15 feet from the outside boundary of LI zone
1; provided, however, that no more than 50 percent of trees may be
small trees;
2. Eight shrubs for every 30 linear feet evenly spaced; and
3. Groundcover extending for 15 feet measured from the outside
boundary of the LI zone 1, which groundcover shall be maintained
in accordance with article II of chapter 42
b. LI zone 2. In LI zone 2, the owner shall plant and maintain at least one
shade tree every 30 linear feet with centers 15 feet from the inner
boundary of LI zone 2. Such trees shall be offset 15 feet from the trees in
LI zone 1.
(2) HI zoning district.
a. HI zone 1. The owner shall plant and maintain groundcover extending
throughout the entire HI zone 1, which shall be maintained in accordance
with article H of chapter 42.
b. HI zone 2. The owner shall plant and maintain at least the following in HI
zone 2:
1. Mixture of small trees and shade trees, which shall be planted
every 30 linear feet, 15 feet from the inside boundary of HI zone 1;
provided, however, that no more than 50 percent of trees may be
small trees; and
2. Eight shrubs for every 30 linear feet evenly spaced.
HI zone 2 shall be maintained so as to allow native trees, shrubs, vines,
and other forms of vegetations to grow naturally.
C. HI zone 3. In HI zone 3, the owner shall plant and maintain the following:
1. At least one shade tree every 30 linear feet with centers ten feet
from the inner boundary of HI zone 2. Such trees shall be offset ten
feet from the trees in HI zone 2; and
2. At least one shade tree every 30 linear feet with centers 20 feet
from the inner boundary of HI zone 3. Such trees shall be offset ten
feet from the trees required in subsection (d)(2)(c)(1).
HI zone 3 shall be maintained so as to allow native trees, shrubs, vines,
and other forms of vegetations to grow naturally.
(fj Credits. Credit may be given or received for preservation of existing trees as follows;
provided that the existing trees are located within the vegetative buffer zone, in good
form and condition and reasonably free of damage by insect, disease or other affliction as
determined by the director:
f Ezisiing$1�r�eCellger,
Tree Credit '
1 / %z-6 inches
1
Over 6-12 inches
2
Over 12 inches
3
(g) Replacements. All persons subject to this section must replace dead landscaping or
landscaping that has been removed by any means and for any reason no later than the
next growing season as specified in the written notification by the director. Failure to
replace landscaping as required by this section shall constitute a violation of this article
punishable as provided in section 18 -1208.
7
Section 8: That Chapter 18 `Buildings and Building Regulations," Article XV
"Vacant Buildings," Section 18 -1303 "Definitions," of the Code of Ordinances, Baytown, Texas,
is hereby amended to add the definition of "dwelling unit' and to amend the definition of
"residential use" to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE XV. VACANT BUILDINGS
Sec. 18 -1303. Definitions.
Unless otherwise expressly stated, the following words, terms, and phrases, when used in
this article, shall have the meanings ascribed to them in this section, unless the context of their
usage clearly indicates a different meaning:
Residential use means the primary use of property is limited to one of the following:
Attached single- family dwelling;
2. Detached single - family dwelling; or
3. Duplex dwelling as defined in article 4 of the unified land development code.
Section 9: That Chapter 21 "Cable and Telecommunication Regulations," Article III
"Telecommunication Regulations," Division 2 "Standards," Section 21 -111 "Telecommunication
tower standards," Subsection (d) of the Code of Ordinances, Baytown, Texas, is hereby amended
to read as follows:
CHAPTER 21. CABLE AND TELECOMMUNICATION REGULATIONS
ARTICLE III. TELECOMMUNICATION REGULATIONS
DIVISION 2. STANDARDS
Sec. 21 -111. Telecommunication tower standards.
(d) Fencing. Security fencing enclosing the base of a tower shall be by a wrought iron or
steel chain link fence with evergreen hedge, or a masonry wall, each not less than six feet
in height. The exterior of equipment buildings and/or metal equipment cabinets visible
from an SFE, SF1, SF2, MF1, MF2, MF3, NC, UN, NSC, LC or ACE zoning district,
residential use, or public right -of -way must have a neutral aggregate finished or be
painted to reflect the color and character of adjoining structures or blend with adjacent
landscaping and other surroundings.
Section 10: That Chapter 21 "Cable and Telecommunication Regulations," Article III
"Telecommunication Regulations," Division 2 "Standards," Section 21 -112 "Tower location
standards," Subsections (b), (e), (f) and (g) of the Code of Ordinances, Baytown, Texas, is
hereby amended to read as follows:
CHAPTER 21. CABLE AND TELECOMMUNICATION REGULATIONS
ARTICLE III. TELECOMMUNICATION REGULATIONS
DIVISION 2. STANDARDS
Sec. 21 -112. Tower location standards.
(b) Residential. Except as otherwise provided in this article, telecommunications towers are
not permitted in any SFE, SFI, SF2, MFI, MF2, MF3, NC, UN, NSC, LC or ACE zoning
district and must be at least:
(1) Two hundred fifty feet from any property, which is within a SFE, SF 1, SF2, MF1,
MF2, MF3, NC, UN, NSC, LC or ACE zoning district or is used for residential
purposes, regardless of the zoning district if the tower height is 75 feet or less; or
(2) A distance from any property which is within a SFE, SF1, SF2, MFI, MF2, MF3,
NC, UN, NSC, LC or ACE zoning district or is used for residential purposes,
regardless of the zoning district, calculated as follows:
a. Two hundred fifty feet; plus
b. Five feet per each foot of tower height or portion thereof over 75 feet.
(e) Towers permitted by right. Freestanding monopole telecommunication towers 85 feet or
less in height are permitted in the MU, GC, LI and HI zoning districts; provided that all
of the applicable standards of this article are satisfied.
(f) Towers requiring special use permits. Except as otherwise provided in this article,
telecommunication towers in excess of 50 feet in height and monopole towers in excess
of 85 feet in height are permitted in the MU, GC, LI and HI zoning districts with a special
use permit.
(g) Telecommunication towers erected to replace existing poles. Telecommunication towers
erected to replace existing poles are permitted in all zoning districts if-
(1) The pole replaced is a functioning utility pole or light standard within a utility
easement or public right -of -way, recreation facility light pole or
telecommunication tower;
(2) Replacement tower height, including antennae array, does not exceed:
a. The height of the original utility, light standard or recreation facility pole
by more than ten feet; or
b. The height of the original telecommunication tower and antennae array;
(3) The pole replaced does not obstruct a public sidewalk, public alley or other public
right -of -way; and
(4) Pole appearance and function, except for antennae, are not significantly altered.
Section 11: That Chapter 21 "Cable and Telecommunication Regulations," Article III
"Telecommunication Regulations," Division 2 "Standards," Section 21 -113 "Alternative
mounting structures" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 21. CABLE AND TELECOMMUNICATION REGULATIONS
ARTICLE III. TELECOMMUNICATION REGULATIONS
DIVISION 2. STANDARDS
Sec. 21 -113. Alternative mounting structures.
(a) New alternative mounting structures 100 feet or less in height are permitted by right in
the MU, GC, LI and HI zoning districts.
(b) New alternative mounting structures in excess of 100 feet in height are permitted in the
MU, GC, LI and HI zoning districts with a special use permit.
(c) All new alternative mounting structures located in a SFE, SF1, SF2, MF1, MF2, MF3,
NC, UN, NSC, LC or ACE zoning district shall require a special use permit.
(d) Alternative mounting structures must be similar in color, scale and character to adjoining
buildings or structures or blend with the landscaping and other surroundings immediately
adjacent to them so as to generally avoid the creation of unique visual objects that stand
out in the environment.
Section 12: That Chapter 21 "Cable and Telecommunication Regulations," Article III
"Telecommunication Regulations," Division 2 "Standards," Section 21 -114 "Antenna mounting
standards" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
10
CHAPTER 21. CABLE AND TELECOMMUNICATION REGULATIONS
ARTICLE III. TELECOMMUNICATION REGULATIONS
DIVISION 2. STANDARDS
Sec. 21 -114. Antenna mounting standards.
The purpose of this section is to promote public safety and maintain order and harmony
within the city's zoning districts by restricting the size and location of telecommunication
antennas. The object is to avoid the creation of visual distractions, prevent obstructions to the
view of pedestrians and motorist on public thoroughfares and to ensure the structural integrity of
supporting structures.
(1) Whip and panel antenna mounting standards.
a. Individual telecommunications antennas are allowed on existing electric
utility poles, light standards, and telecommunication towers in excess of
40 feet in height, provided that the total length of any antenna does not
exceed 15 percent of the height of the structure. The height of a
telecommunications tower is determined by the highest point of any and
all components of the structure, including antennas.
b. Telecommunication antennas and arrays are allowed by right on existing
electric transmission towers.
C. Existing structures in excess of 50 feet in height may, as a matter of right,
be rebuilt, if necessary, to support or contain a new antenna, provided that
the new structure complies with subsection 21- 112(g).
d. Panel antennas, which do not extend above the structures, or whip
antennas 15 feet or less in height, are permitted on conforming and
properly permitted ground sign structures.
Building - mounted panel antennas are permitted on nonresidential
buildings and multifamily dwellings in all zoning districts, provided that
they are mounted flush with the exterior of the building and that they do
not project above the roof line nor more than 30 inches from the surface of
the building to which they are attached. The antenna's appearance shall be
such that its color and texture blends with the surrounding surface of the
building.
f. Whip antennas are permitted on nonresidential buildings and multifamily
dwellings in all zoning districts, provided that the total length of the whip
antennas, regardless of mounting method or location, does not exceed 15
feet of the height of the building.
g. Only one building/roof mounted antenna support structure, less than 100
square feet in area, is permitted per 5,000 square feet of building floor
area.
(2) Dish antenna mounting standards.
a. Dish antennas shall not be permitted in any front setback area or sideyard
setback adjacent to any roadway.
b. Ground mounted dish antennas in excess of five feet in height shall be
screened from roadways and adjacent property by a minimum six -foot
high screening fence, evergreen hedge, or masonry wall.
Dish antennas in excess of ten feet in height or more than three meters in
diameter shall not be permitted in any SFE, SF1, SF2, MR, MF2, MF3,
NC, UN, NSC, LC or ACE zoning district.
d. Building/roof mounted dish antennas one meter or less in diameter are
permitted in all zoning districts.
e. Building/roof mounted dish antennas two meters or less in diameter are
permitted on all buildings in excess of 5,000 square feet of building floor
area in the MU, GC, LI and HI zoning districts.
f. Only one building/roof mounted dish antenna, two meters or less in
diameter, is permitted per 5,000 square feet of building floor area on
nonresidential buildings and on multifamily dwellings in the SFE, SF1,
SF2, MF1, MF2, MF3, NC, UN, NSC, LC or ACE zoning districts.
g. Building/roof mounted dish antennas in excess of two meters in diameter
may be permitted on buildings in excess of 100,000 square feet of building
floor area in the MU, GC, LI and HI zoning districts with a special use
permit.
h. Building/roof mounted dish antennas in excess of one meter in diameter in
SFE, SF1, SF2, MR, M172, MF3, NC, UN, NSC, LC or ACE zoning
districts shall be painted to have an appearance that blends with the
building on which they are located or be located so that they are not
visible from any adjacent roadway.
i. Building/roof mounted dish antennas in excess of two meters in diameter,
in MU zoning districts shall be painted or screened with enclosures so as
to have an appearance that blends with the building on which they are
located or be located so that they are not visible from any adjacent
roadway.
12
(3) Structural certification. The chief building official shall be provided with an
engineer's certification that the structure will support and not be adversely
affected by the proposed antenna and associated equipment.
Section 13: That Chapter 21 "Cable and Telecommunication Regulations," Article III
"Telecommunication Regulations," Division 2 "Standards," Section 21 -116 "Measurement of
distances" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 21. CABLE AND TELECOMMUNICATION REGULATIONS
ARTICLE III. TELECOMMUNICATION REGULATIONS
DIVISION 2. STANDARDS
Sec. 21 -116. Measurement of distances.
Distances in this article shall be measured along a single straight line between the center
of the tower base and the nearest point on any property line of a historic property, scenic corridor
or SFE, SF1, S172, MF1, MF2, MF3, NC, UN, NSC, LC or ACE zoned property or residential
use.
Section 14: That Chapter 21 "Cable and Telecommunication Regulations," Article III
"Telecommunication Regulations," Division 2 "Standards," Section 21 -117 "Summary table" of
the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 21. CABLE AND TELECOMMUNICATION REGULATIONS
ARTICLE III. TELECOMMUNICATION REGULATIONS
DIVISION 2. STANDARDS
Sec. 21 -117. Summary table.
The summary table in this section provides a tabular summary of the telecommunication
facilities allowed in the various zoning and historic districts as well as the scenic corridors of the
city. The table is intended for reference only and does not necessary reflect all of the regulations
that may apply. If a conflict occurs between the text of this article and the summary table, the
text shall control.
(1) Permitted by right. Facilities identified with a "P" are permitted by right and
shall be permitted in the corresponding district subject to all other applicable
standards of this code.
13
(2) Permitted with special use permit. Facilities identified with a "SUP" are
permitted by right, but shall be permitted in the corresponding district only in
compliance with the supplementary use standards referenced in the final column
of the table and subject to all other applicable standards of this article and code
requirements.
(3) Not permitted. Uses not identified in a particular district column of the use table
as permitted by right are not allowed in such district unless otherwise expressly
permitted by other sections of this article.
(4) Conditions. The final column of the summary table contains references to the
standards applicable to the telecommunication facility type in one or more
districts or corridors.
0 to 50 feet
P
—
— 21- 112(f)
> 50 feet
SUP
—
—
21- 112(f)
New Monopole Towers
0 to 85 feet
P
—
—
21- 112(e)
> 85 feet
SUP
—
—
21- 112(f)
Alternative Mounting Structures
0 to 100 feet
p
SUP
Stealth
21- 113(a) and
(c)
> 100 feet
SUP
SUP
Stealth
21- 113(b) and
(c)
Antenna Only Mountings
Electric Transmission Towers
P
P
Stealth
21- 114(1)b.
Existing Telecom Towers > 40 feet
P
P
Stealth
21- 114(1)a.
Utility Poles > 40 feet
P
P
Stealth
21- 114(1)a.
Light Poles > 40 feet
P
P
Stealth
21- 114(1)a.
Conforming and permitted ground
signs
P
P
Stealth
21- 114(1)d.
Building Mounted Panels
Stealth
Stealth*
Stealth
21- 114(1)e.
Building Mounted Whips
P
P�
Stealth
21- 114(1)f.
Roof Mounted Arrays
P **
P..
I Stealth
ILI - 114(1)g.
14
Key:
* Nonresidential and multifamily structures only.
** Nonresidential structures in excess of 5,000 square feet of floor area.
* ** Nonresidential structures in excess of 100,000 square feet of floor area.
Section 15: That Chapter 21 "Cable and Telecommunication Regulations," Article III
"Telecommunication Regulations," Division 3 "Special use permits," Section 21 -125 "Public
hearings" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 21. CABLE AND TELECOMMUNICATION REGULATIONS
ARTICLE III. TELECOMMUNICATION REGULATIONS
DIVISION 3. SPECIAL USE PERMITS
Sec. 21 -125. Public hearings.
The notification and public hearing process for a special use permit or revocation thereof
shall be the same as set forth in division 2 of the unified land development code.
Section 16: That Chapter 58 "Manufactured Homes, Mobile Homes, Recreational
Vehicles and Parks," Article III "New Manufactured Homes," Division 2 "Outside Manufactured
Home Parks," Section 58 -161 "Established locations" of the Code of Ordinances, Baytown,
Texas, is hereby amended to read as follows:
15
Dish Antenna Mountings
Building/Roof Mounted :5 1 m dia.
P
P
Stealth
21-114(2) a.
and d.
Building/Roof Mounted _5 2 m dia.
P
Stealth
21-114(2)a.,
e., f. and h.
Building/Roof Mounted > 2 m dia.
P•••
—
Stealth
21- 114(2)a.,
g. and i.
Ground Mounted
P
P
Stealth
21-114(2)a.,
< 3 m dia.
b. and c.
Ground Mounted
P
—
Stealth
21- 114(2)a.,
> 3 m dia.
b. and c.
Ground Mounted
P
P
Stealth
21- 114(2)a.,
< 10 feet high
b. and c.
Ground Mounted
P
—
Stealth
21- 114(2)a.,
>10 feet high
b. and c.
Key:
* Nonresidential and multifamily structures only.
** Nonresidential structures in excess of 5,000 square feet of floor area.
* ** Nonresidential structures in excess of 100,000 square feet of floor area.
Section 15: That Chapter 21 "Cable and Telecommunication Regulations," Article III
"Telecommunication Regulations," Division 3 "Special use permits," Section 21 -125 "Public
hearings" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 21. CABLE AND TELECOMMUNICATION REGULATIONS
ARTICLE III. TELECOMMUNICATION REGULATIONS
DIVISION 3. SPECIAL USE PERMITS
Sec. 21 -125. Public hearings.
The notification and public hearing process for a special use permit or revocation thereof
shall be the same as set forth in division 2 of the unified land development code.
Section 16: That Chapter 58 "Manufactured Homes, Mobile Homes, Recreational
Vehicles and Parks," Article III "New Manufactured Homes," Division 2 "Outside Manufactured
Home Parks," Section 58 -161 "Established locations" of the Code of Ordinances, Baytown,
Texas, is hereby amended to read as follows:
15
CHAPTER 58. MANUFACTURED HOMES, MOBILE HOMES, RECREATIONAL
VEHICLES AND PARKS
ARTICLE III. NEW MANUFACTURED HOMES
DIVISION 2. OUTSIDE MANUFACTURED HOME PARKS
Sec. 58 -161. Established locations.
(a) Manufactured homes shall be permitted by right in both the urban neighborhood zoning
district as well as the single family estate (SFE) zoning district as further defined in the
unified land development code.
(b) Manufactured homes shall be permitted subject to the residential design manufactured
housing standards of section 3.13 of the unified land development code in all other
zoning districts not included in subsection (a) of this section; provided that the
manufactured homes have minimum dimensions of 22 body feet in width.
Section 17: That Chapter 58 "Manufactured Homes, Mobile Homes, Recreational
Vehicles and Parks," Article III "New Manufactured Homes," Division 2 "Outside Manufactured
Home Parks," Section 58 -163 "Area requirements" of the Code of Ordinances, Baytown, Texas,
is hereby amended to read as follows:
CHAPTER 58. MANUFACTURED HOMES, MOBILE HOMES AND PARKS
ARTICLE III. NEW MANUFACTURED HOMES
DIVISION 2. OUTSIDE MANUFACTURED HOME PARKS
Sec. 58 -163. Area requirements.
(a) A manufactured home may be parked on a vacant lot or plot outside a manufactured
home park as defined in section 58 -1 (manufactured home lot), provided that all of the
standards enumerated in chapters 122 and 126 and the unified land development code
applicable to residential developments and single- family dwelling units are satisfied.
(b) If a lot is adjacent to two or more streets, the owner may designate any one side adjacent
to a street to be the lot front; that portion of the lot opposite the designated front shall be
considered the back lot line.
(c) Only one manufactured home may be placed on a lot and no other single- family dwelling
units shall be allowed thereon. Further only permitted accessory structures as described in
the unified land development code shall be located on a lot with the manufactured home.
(d) A manufactured home may be parked adjacent to a place of business, provided a spacing
of ten feet from the nearest building, on the same property, is maintained, and five feet
16
from any interior property lines, or not less than 15 feet set back from a street. Not more
than one manufactured home shall be parked on the same lot or plot with a commercial
building. No manufactured home shall be parked adjacent to a place of business where
such placement would create a hazard to life, safety or health.
Section 18: That Chapter 58 "Manufactured Homes, Mobile Homes, Recreational
Vehicles and Parks," Article IV "Recreational Vehicles," Division 1 "Generally," Section 58 -233
"Definitions" of the Code of Ordinances, Baytown, Texas, is hereby amended to amend the
definition of "land development code" read as follows:
CHAPTER 58. MANUFACTURED HOMES, MOBILE HOMES AND PARKS
ARTICLE IV. RECREATIONAL VEHICLES
DIVISION 1. GENERALLY
Sec. 58 -233. Definitions.
The following words, terms and phrases when used in this article, shall have the meaning
ascribed to them in this section, except when the context clearly indicates a different meaning:
Land development regulations shall mean regulations contained in this code which arise
due to the construction, rehabilitation or expansion of a recreational vehicle park, including, but
not limited to, those regulations contained in chapters 18 and 126, and the unified land
development code.
Section 19: That Chapter 62 "Natural Resources," Article II "Oil and Gas," Division 3
"Well Spacing," Section 62 -108 "Multiple wells from one surface location" of the Code of
Ordinances, Baytown, Texas, is hereby amended to amend the definition of "land development
code" to read as follows:
CHAPTER 62. NATURAL RESOURCES
ARTICLE 1I. OIL AND GAS
DIVISION 3. WELL SPACING
Sec. 62 -108. Multiple wells from one surface location.
Notwithstanding any other provision of this chapter, multiple wells for oil or gas or both,
may be drilled from a single - surface drill -site tract on the surface of a single drilling unit under
the following circumstances:
17
(1) The surface location is in a heavy industrial zoning district, or is located outside
of the regulated area; and
(2) The distance from any residential structure to any wellhead, tanks or production
equipment associated with any well is at least 500 feet distant; and
(3) The nearest commercial or other structure to any wellhead, tanks or production
equipment associated with any well is at least 500 feet distant; and
(4) The nearest municipal park, playground or school to any wellhead, tanks or
production equipment associated with any well is at least 500 feet distant.
The bottom -hole locations of such wells may be located in one or more drilling units,
provided that the depth thereof shall not be less than 2,000 feet subsurface when a well
penetrates the vertical extension of the boundary of the drill -site tract. Notwithstanding any other
provisions of this article, multiple completions may be made in any given drilling block if a well
otherwise meets the requirements of this section. Notwithstanding the foregoing, (a) no more
than one contiguous surface tract, not to exceed 40 acres in area, shall be utilized within a given
gas drilling unit as a surface drillsite location; and (b) no more than one contiguous surface tract,
not to exceed ten acres in area, shall be utilized within a given oil drilling unit as a surface
drillsite location.
Section 20: That Chapter 62 "Natural Resources," Article II "Oil and Gas," Division 4
"Technical Provisions," Section 62 -137 "Technical requirements," Subsection (22) of the Code
of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 62. NATURAL RESOURCES
ARTICLE II. OIL AND GAS
DIVISION 4. TECHNICAL PROVISIONS
Sec. 62 -137. Technical requirements.
All persons engaged in the drilling and operation of oil or gas wells within the regulated
area shall comply with the following:
(22) Material, equipment, tools or pipe used for either drilling or producing operations
at the well shall not be delivered to or removed from the well site except between
the hours of 7:00 a.m. and 7:00 p.m. of any day, except in an emergency;
provided, however, that this restriction shall not apply to operations conducted in
an area zoned heavy industrial under the provisions of the unified land
development code.
18
Section 21: That Chapter 74 "Peddlers and Solicitors," Article lI "Itinerant Merchants
and Open Air Vendors," Division 1 "Generally," Section 74 -33 "General prohibitions" of the
Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 74. PEDDLERS AND SOLICITORS
ARTICLE II. ITINERANT MERCHANTS AND OPEN AIR VENDORS
DIVISION 1. GENERALLY
Sec. 74 -33. General prohibitions.
(a) No itinerant merchant shall use or attempt to use any entrance other than the front or
main entrance to a structure, or step from the sidewalk or indicated walkway, where one
exists, leading from the right -of -way to the front or main entrance of the structure, except
by express invitation of the resident or occupant of the property.
(b) No open air vendor shall:
(1) Be located in a SFE, SF1, SF2, MF1, M172, MF3, NC, UN, or NSC zoning
district as defined in the unified land development code;
(2) Be allowed to locate in an area where there is less than two all- weather, off - street
parking spaces per 1,000 square feet of display area on the site; or
(3) Locate in such a manner that will impede or interrupt the normal ingress and
egress of traffic from a public right -of -way.
Section 22: That Chapter 82 "Secondhand Goods," Article IV "Garage Sales," Section
82 -204 "Persons and sales excepted" of the Code of Ordinances, Baytown, Texas, is hereby
amended to read as follows:
CHAPTER 82. SECONDHAND GOODS
ARTICLE IV. GARAGE SALES
Sec. 82 -204. Persons and sales excepted.
(a) The provisions of this article shall not apply to or affect the following persons or sales:
(1) Persons selling personal property or goods pursuant to an order or process of a
court of competent jurisdiction;
(2) Persons acting in accordance with their powers and duties as public officials;
19
(3) Any person selling or advertising for sale an item or items of personal property
which are specifically named or described in the advertisement and which do not
exceed five in number; or
(4) Persons conducting a garage sale on property, which is:
a. Used for commercial purposes and not located in a SFE, SF1, SF2, MF1,
MF2, MF3, NC, UN, NSC, LC or ACE zoning district; or
b. Located in a MU, GC, LI, HI zoning district and is not used for residential
purposes.
(b) If a garage sale is not held on the dates for which the permit is issued or is terminated
during the first day of the sale because of inclement weather conditions and the permit
holder desires to hold the permitted sale on an alternative date, then the permit holder
shall submit an affidavit within five days of the first day of the scheduled sale to this
effect to the planning and development services department, and the city may, but shall
not be required to, issue another permit to the applicant for a garage sale to be conducted
at the same location within 30 days from the date when the first sale was to be held. No
additional permit fee shall be required.
Section 23: That Chapter 112 "Off- Street Parking," Section 112 -2 "Applicability" of
the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 112. OFF - STREET PARKING
Sec. 112 -2. Applicability.
The off - street parking requirements specified in this chapter shall not apply to certain
central business district areas as depicted on the maps set forth in appendix 2 of these chapters
which are on file with the city clerk. All private property shown in the shaded portions on such
maps is exempted from the requirements of this chapter; provided that such exemption shall have
no application to any such property on which is located (i) more than one dwelling unit in a
mixed -use building, (ii) a multifamily complex as defined in article 4 of the unified land
development code, or (iii) a hotel as defined in article 4 of the unified land development code.
Section 24: That Chapter 126 "Subdivisions," Article III "Developments," Division 3
"Commercial Developments," Section 126 -387 "Off- street parking" of the Code of Ordinances,
Baytown, Texas, is hereby amended to read as follows:
20
CHAPTER 126. SUBDIVISIONS
ARTICLE III. DEVELOPMENTS
DIVISION 3. COMMERCIAL DEVELOPMENTS
Sec. 126 -387. Off - street parking.
(a) The commission shall be responsible for off - street parking requirements for commercial
developments that must be platted.
(b) The commission may grant an exception to the requirements of chapter 112 when in its
opinion one or more of the following apply to the platted development:
(1) The exception is not inconsistent with the intent of the ordinance;
(2) The development of additional phases will include provisions for any shortage;
(3) The proposed development is shown to not fit existing categories; or
(4) The proposed structures include areas that will not be used as a part of the
majority use proposed.
Section 25: That Chapter 126 "Subdivisions," Article III "Developments," Division 5
"Private Subdivision Development," Section 126 -436 "Lot size" of the Code of Ordinances,
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 126. SUBDIVISIONS
ARTICLE III. DEVELOPMENTS
DIVISION S. PRIVATE SUBDIVISION DEVELOPMENT
Sec. 126436. Lot size.
All lots within a private subdivision within the city limits shall conform to this chapter
and the unified land development code, including, but not limited to, the property development
standards enumerated therein.
Section 26: That Chapter 126 "Subdivisions," Article V "Engineering and
Construction Standards," Division 2 "Streets" Section 126 -641 "Standards" of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
FT
CHAPTER 126. SUBDIVISIONS
ARTICLE V. ENGINEERING AND CONSTRUCTION STANDARDS
DIVISION 2. STREETS
Sec. 126 -641. Standards.
(a) Generally. All subdivision streets will be reinforced concrete pavement on a compacted
stabilized subgrade. Concrete pavement shall be provided with either an integral curb
poured with the pavement or a separate curb constructed on top of and doweled to the
concrete pavement.
(b) Grade. Gutter gradients shall be a minimum of one - quarter of one percent. Crown
sections shall slope not less than one - eighth inch per foot. The minimum drop around
curb return will be one -tenth of one foot. All gutter grades shall be above the design
water surface of ditches and storm sewers. All grade changes with algebraic differences
of one percent or more shall be connected with a vertical curve.
(c) Width. The minimum width back -to -back of curbs of streets and rights -of -way shall be as
follows:
(d) Pavement design. Pavement design shall conform to the city engineer's specifications.
(e) Concrete pavement.
(1) Standards generally. Concrete pavement shall conform to the requirements of
Harris County standard specifications and the city engineer's specifications.
Concrete pavement shall conform to the minimum standards of the pavement
design table, which is as follows:
Class;
Street Width
Right -of -Way
Local
(feet)
Width
36"
Collector
(feet)
Principal arterials and minor arterials
61
80-100
Collector streets
40
60
Local streets
j 28
1 50
(d) Pavement design. Pavement design shall conform to the city engineer's specifications.
(e) Concrete pavement.
(1) Standards generally. Concrete pavement shall conform to the requirements of
Harris County standard specifications and the city engineer's specifications.
Concrete pavement shall conform to the minimum standards of the pavement
design table, which is as follows:
Class;
T`liiclmess Longitudinal Steel
#4 bars
Transverse Steel
#4 bars .
Local
6"
20.5"
36"
Collector
7"
18"
36"
Collector in LI or HI Zoning District'
8"
16
30"
Minor Arterial
8"
16
30"
22
*If trucking volumes are anticipated to exceed 2,500 equivalent
single axle loads per week, pavement design shall be by a
geotechnical engineer licensed in the state to provide a 25-year
rninimurn pavement design life, as approved by the city engineer.
(2) Subgrade. All subgrades for concrete pavement shall be at least six inches in
depth and compacted to or meet the requirements or 95 percent, standard
proctor density. The subgrade shall be time stabilized when the plasticity index
of the subgrade exceeds 19. The rate of application of hine shall be in
accordance with the owner's geotechnical report as prepared by or under the
supervision of a licensed engineer in the state. Compaction shall be
accomplished by the use of approved and acceptable compacting equipment,
and testing shall be performed by a testing laboratory as approved by the city
engineer,
(f) Bcirrier curb ond guiter, The barrier curb and combination barrier curb and gutter shall be
constructed of' reinforced concrete. Barrier curbs are required in the curb radius of street
intersections and for all esplanades, islands, stonriwater inlets and tion-residential streets.
Residential streets, may be constructed with either barrier or Mountable Curbs.
(g) Mountable curbs. Mountable curbs shall be constructed of reinforced concrete and are
permitted to be constructed on residential S11-CCtS unless barrier curbs are required as
specified in Subsection (f) of this section. The transition between barrier and mountable
curbs shall be accomplished in accordance with the standards on Me with the city
engineer.
Section 27: Any person who flails to comply with any provision contained in Section 2
of this ordinance shall be guilty Of a misdemeanor and, upon conviction, shall be punished by a
fine not exceeding TWO THOUSAND AND NO/1,00 DOLLARS ($2,000.00), Each act of
violation and each day upon which any such violation shall Occur shall constitute a separate
offense. In addition to the penalty prescribed above, the city may pursue other remedies such as
abatement of nuisances, iqjunetive relief,, administrative adjudication and revocation of licenses
or pertnits.
Section 28: Except as provided in Section 27 of this ordinance, ally person who fails to
comply with any provision of this ordinance hereof shall be guilty of'a misdemeanor and, upon
conviction, shall be punished by a Fine not exceeding FIVE HUNDRED AND NO/100
23
DOLLARS ($500.00). Each act of violation and each day upon which any such violation shall
occur shall constitute a separate offense. In addition to the penalty prescribed above, the city may
pursue other remedics, such as abatement of nuisances, injunctive relief, administrative
adjudication and revocation of licenses or permits.
Section 29: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be C1.1111ulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 30- If any provisions, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions ofthis ordinance or their application to other
Persons 01' sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 31: ']'his ordinance shall take effect on the date that the City Council first
adopts the zoning map of the entire city irnplenwriting that portion of the the Unified Land
Development Code adopted in Section 2 hereof (the "Efflective Date"). The City Clerk is hereby
directed to give notice hereof by causing the caption of this ordinance to be published in the
official newspaper of the City of Baytown at least twice within ten (10) days after passage of dais
ordinance.
INTRODUCED, READ and PASSED by the affirmativ vote of* the City Council of the
City of Baytown, this the 23r`] (lay of February, 2012. �1 -
APPROVED AS TO FORM.
N 1-1. DONCA RLOS� Mayor
Cotiiicil\(..)i(Iiiiiiices'20121,f-'et)rtmry 91t)1,DC Adoption Ordinance Clcan.doc
W
Exhibit "A"
Article One. General
This document is entitled the "Unified Land Development Code," which governs all development, and
may be referenced as the "ULDC."
Division 1. Jurisdiction and Authority
Sec. 1.1 Purpose and intent.
This ULDC is adopted for the purpose of promoting the public health, safety and general
welfare by promoting safe, orderly and economically sustainable development. The
provisions herein are intended to further the goals and objectives of the city's
comprehensive plan.
Sec. 1.2 Authority within city limits.
The provisions of this ULDC shall apply to all land within the city limits, unless
otherwise specifically stated herein.
Sec. 1.3 Applicability of procedures.
Table 1 -1 shows the review procedures, applications and permits that apply in the city..
Table 1 -1. Applicability of procedures.
Administrative Appeal (Zoning)
X
Interpretation of Text
X
Special Exception
X
Special Use Permit
X
ULDC Zoning Text Amendment
X
Zoning Decision Appeal
X
Zonina Map Amendment (Rezoning)
X
Zoning Variance
X
Sec. 1.4 Inconsistent provisions and conflicts.
When provisions of this ULDC are inconsistent with one another or when the regulations
of this ULDC conflict with other adopted ordinances or regulations of the city, the more
restrictive provisions shall control, unless otherwise specifically stated. If the written text
of this ULDC is inconsistent with graphic or tabular information, the written text shall
control.
Sec. 1.5 Violations.
(a) Compliance required. No person may use, occupy or develop land, buildings or
other structures or authorize or permit the use, occupancy or development of land
or buildings or other structures except in accordance with all sections of this
ULDC.
(b) Criminal remedies. Any person who violates any section of this ULC shall be
guilty, upon conviction, of a separate offense for each day or portion of a day
during which the violation continues, which shall be punishable as provided in
section 1 -14 of the code of ordinances.
(c) Withholding permits. The city may deny or withhold all permits, approvals or
other forms of authorization on any land or structure for which there is an
uncorrected violation of a section of this ULDC or of a condition of a permit,
certificate, approval or other authorization previously granted by the city council,
planning and zoning commission or board of adjustment. In lieu of withholding or
denying an authorization, the city may grant such authorization subject to the
condition that the violation be corrected.
(d) Stopping work. With or without revoking permits, the city may stop work on any
building or structure on any land on which there is an uncorrected violation of a
section of this ULDC or of a permit or other form of authorization issued under
this chapter, in accordance with its power to stop work under its building codes.
(e) Other remedies. The city shall have such other remedies as are and as may be
from time to time provided by state law for the violation of the regulations
contained in this ULDC.
(f) Remedies cumulative. The remedies and enforcement powers set out in this
section shall not be considered exclusive remedies, but rather they shall be
cumulative with all other remedies provided in this ULDC, in any other ordinance
or by law.
(g) Transition. The sections in this ULDC, so far as they are the same as those of the
code of ordinances, and of ordinances existing at the time of adoption of this
ULDC, shall be considered as a continuation thereof and not new enactments.
Any violation of the previous land development regulations of the city shall
continue to be a violation under this ULDC and shall be subject to penalties and
enforcement under the code of ordinances. Enforcement action concerning
violations of the code of ordinances shall cease if the use, development,
construction or other activity is consistent with the express terms of this ULDC,
except to the extent of collecting penalties for convictions that occurred before the
effective date of this ULDC.
Division 2. Review and Decision - Making Bodies
Sec. 1.6 Purpose.
The purpose of this division is to identify the bodies, their review roles and
responsibilities and their decision - making roles and responsibilities.
Sec. 1.7 Review and decision - making bodies.
The decision - making bodies and officials of the city are described in chapter 2 of the
code of ordinances and, without limitation upon the authority each possesses by law,
have responsibility for implementing this ULDC in the manner described in this division.
Sec. 1.8 Summary of review authority.
Table 1 -2 summarizes the review and decision - making authority of each review body for
the city concerning the provisions of this ULDC.
Table 1 -2. Summary of review authority.
R = Reviewer and Recommender
DM = Decision Maker
*Reference regulations of this ULDC that define when the director is the decision maker.
Sec. 1.9 Boards and commissions.
(a) The planning and zoning commission has the powers and duties set forth in
sections 2 -316 to 2 -355 of the code of ordinances.
(b) The board of adjustment has the powers and duties set forth at sections 2 -541 to
2 -547 of the code of ordinances.
Sec. 1.10 Development review committee.
The city manager shall establish a development review committee and may appoint
departments whose representatives serve on the committee. The committee shall have
the powers and duties set forth in this ULDC.
Division 3. Administration and Procedures
Sec. 1.11 Purpose.
The purpose of this division is to establish application procedures, internal review
procedures, public notice and hearing procedures, and review criteria for applications and
actions that affect the development and use of property subject to the jurisdiction of this
ULDC.
See. 1.12 Simultaneous submission of related applications.
Submission of a variety of applications related to the same development usually proceeds
in the following sequence:
1. Comprehensive plan amendments,
2. Zoning map amendments,
3. Special use permit,
4. Preliminary plat,
5. Engineering report for public improvements,
6. Final plat,
7. Special exceptions,
8. Variances,
9. Site plan review,
10. Building permits,
11. Floodplain permits,
12. Storm water permits,
13. Watershed protection permits, and
14. Inspections.
Sec. 1.13 Pre - application conference.
A pre- application conference may be held between a potential applicant under this ULDC
and the DRC. Pre - application conferences for several land development review processes
may be combined when an applicant will be making several applications for the same
project and when the processing schedule allows for simultaneous submittals.
Completion of a pre - application conference does not imply or assume subsequent
approval of anything discussed. A pre- application conference does not constitute a
development permit application and it should not be construed as a permit or the first
permit in any series of permits. A pre - application conference does not provide any
vesting to the applicant. Prior to owner making application for a zoning map amendment,
a pre - application conference is required, unless the application is made by a city official
in his official capacity.
Sec. 1.14 Forms.
These requirements apply to all applications identified in this ULDC. Applications
required by this ULDC shall be submitted in a form and with attachments in such
numbers as required by the director. The forms and application directions shall be
contained in the development manual of the city. The director may waive any submittal
requirements deemed irrelevant in a given application. Application submittal
requirements, checklists, and instructions shall be shown in the development manual of
this ULDC.
Sec. 1.15 Fees.
The city shall charge an application fee to cover the cost of processing, reviewing,
noticing, recording, inspecting and other actions for land development applications.
Application fees shall be established by ordinance from time to time by the city council.
The city may also, from time to time, utilize consultants to perform such activities and
4
may assess the cost of such work to the applicants. Such costs for consultants shall be
paid prior to any permit issuance. Fees are set forth in chapter 2 of the code of
ordinances. Application fees are not refundable.
Sec. 1.16 Application deadline.
All applications shall be completed and submitted to the director in accordance with the
schedule published on the city's website and in the development manual. This schedule
may be updated from time to time during the year with the amendments being published
on the web and in the development manual. An application shall not be considered as
officially submitted, accepted or filed until it has been determined to be complete in
accordance with section 1.17.
Sec. 1.17 Application completeness.
A determination of application completeness shall be made by the director no more than
ten business days after submittal of the application. If the application is determined to be
incomplete, the director shall notify the applicant in writing within five days of
completing the completeness review. The city shall exercise the authority granted under
V.T.C.A., Local Government Code ch. 245 to perform such reviews within the ten -day
window and to allow the applicant 45 days in which to respond. If the response time
exceeds the 45 -day period, then the application expires; and to proceed, the applicant
shall begin the process again with a new application. The completeness review set forth
herein applies to all applications identified in table 1 -1 of this ULDC. Determination
that an application is complete does not preclude any negative final action and does not
include any implied determination that the application successfully meets any review
criteria. The development manual shall contain a checklist for all application types.
Completeness reviews shall rely on the ULDC provisions as well as the checklists and
V.T.C.A Local Government Code, ch. 245.
If the director determines that any development application is not consistent with the
city's comprehensive plan, the application shall be denied, and shall not be accepted by
the city. Further processing may occur only when the application is accompanied by an
additional application (e.g., an amendment to the comprehensive plan, ULDC text
amendment or other amendment) that, if adopted, would make the application consistent
with the plan.
Sec. 1.18 Qualified applicants.
(a) Applications made by a property owner shall include the name and signature of
the current property owner(s) of all properties within the boundaries of the
application. Property owner(s) may be represented by an agent designated in
writing by the property owner(s).
(b) Application on behalf of the city may be made by the mayor, the city council, a
member of the city council or the city manager.
Sec. 1.19 Action following decision.
Written notice of final decisions to approve or approve with conditions, or disapprove or
deny shall be provided to the applicant within five working days of each decision.
Sec. 1.20 Reapplication limits.
For zoning map amendments, 12 months from the date of final disapproval, except with
permission of the planning and zoning commission or city council, must elapse before
reapplication. In order to be considered for such a waiver, the applicant shall
demonstrate that at the time the applicant requests a waiver:
(a) There is a substantial change in circumstances relevant to facts considered during
review of the application that might reasonably affect the decision - making body's
application of the relevant review standards to the development proposed in the
application;
(b) New or additional information is available that was not available at the time of the
review that might reasonably affect the decision - making body's application of the
relevant review standards to the development proposed; or
(c) A new application is proposed to be submitted that is materially different (e.g.,
proposes new use categories, or a substantial change in proposed densities and
intensities) from the prior application.
Sec. 1.21 Public hearing and notice requirements.
Unless otherwise specified in the procedures of this article, public hearings and notices
shall be governed by the provisions of this article. Required notice shall be provided for
applications shown in table 1 -3. Public notice of hearings held pursuant to this ULDC
shall be given as follows:
(a) Publication for zoning cases. Whenever this ULDC requires a public hearing for
a special use permit, ULDC text amendment related to zoning, zoning variance or
special exception or zoning map amendment before the planning and zoning
commission or the board of adjustment, notice of a public hearing on the
application shall be published in a newspaper of general circulation in the city at
least 11 days before the public hearing. Whenever this ULDC requires a public
hearing before the city council, notice of a public hearing on the zoning
application shall be published in a newspaper of general circulation in the city at
least 16 days before the public hearing.
(b) Mailing. Notice of required public hearings for items listed in subsection (a) of
this section shall also be sent by mail to owners of land within 300 feet of the lot
lines of the land that is the subject of the application. Such notice shall be
postmarked at least 11 days before the public hearing held by the planning and
zoning commission or board of adjustment. If a hearing before the city council is
required on a zoning application, such notice shall be mailed and postmarked at
least 16 days before the city council public hearing. Owners of land shall be
identified by reference to the most recent tax records, except that when land is
owned by a condominium association, notice shall be given to the condominium
association. Notice shall be deemed mailed by virtue of its deposit with the United
States Postal Service, properly addressed with postage prepaid. This subsection
does not apply to text amendments to this ULDC.
(c) Posting of signs. Notice of required public hearings shall also be provided by
way of a sign posted on the land that is the subject of the application. One sign
shall be posted for each 200 feet of frontage along a public street, with a
maximum of four signs required per frontage. Signs shall be located so that the
lettering is visible from the street. Where the land does not have frontage on a
public street, signs shall be posted on the nearest public street with an attached
notation indicating the location of the land subject to the application.
(d) Website. Notice of the public hearings will be published and remain on the city's
website through the day of the public hearing in accordance with the same
publication deadlines as expressed in subsections (a) and (b) of this section. The
validity of a posted notice of a public hearing required by this subsection is not
affected by a failure to comply with a requirement of this subsection that is due to
a technical problem beyond the reasonable control of the city.
Sec. 1.22 Contents of notice.
(a) Publication and mailed notice. Notices that are published and mailed pursuant to
section 1.21 (a), (b), and (d) shall provide at least the following information:
(1) The general location of the land that is the subject of the application;
(2) Its legal description or street address;
(3) The substance of the application;
(4) The time, date and location of the public hearing;
(5) The time, date and place where the application may be inspected by the
public; and
(6) A statement that interested parties may appear at the public hearing and be
heard with respect to the application.
(b) Signs. Signs required pursuant to subsection 1.21 (c) shall at least indicate the
following:
(1) The substance of the application;
(2) The time, date and location of the public hearing; and
(3) The contact point for additional information.
Table 1 -3. Summary of notice requirements.
Procedure
Administrative Appeal (Zoning)
Published
X
NII-ailed
X
N'Vebsite
X
Signs
Sp ecial Exception
X
X
X
X
Special Use Permit
X
X
X
X
ULDC Zoning Text Amendment
X
X
Zoning Map Amendment (Rezoning)
X
X
X
X
Zoning Variance
X
X
X
X
X = Notice Required
Sec. 1.23 Required public hearing.
Table 1 -4 identifies the types of applications requiring a public hearing and the review
body responsible for conducting the hearing.
Table 1 -4. Required public hearings.
Board of Zoning
Administrative Appeal (Zoning) X
Special Exception X
Special Use Permit X X
ULDC Zoning Text Amendment X X
Zoning Map Amendment (Rezonin) X X
Zoning Variance X
X = Public Hearing Required
Sec. 1.24 Conduct of public hearings.
Public hearings shall be conducted in accordance with state law, the provisions of this
ULDC, and any applicable rules of procedure adopted by the reviewing body. Where
deemed appropriate by the affected decision- making body, modifications of an
application request may be referred by the decision - making body back to the
recommending body for review, prior to further consideration. In such cases, the
decision - making body shall close the hearing and republish notice of any future hearing
in accordance with section 1.21 of this ULDC. The review body shall hold a public
hearing as required by the appropriate procedure.
Sec. 1.25 Vote required for action.
After the close of the public hearing on the zoning text or zoning map amendment held
pursuant to section 1.24 of this ULDC, the city council shall vote to approve, approve
with modifications or disapprove the proposed amendment based upon the criteria in this
ULDC. Action to amend the text of this chapter or the official map shall require an
affirmative vote of at least six members (three- fourths) of the city council.
Sec. 1.26 Rezoning, special use permits, and zoning text amendments.
(a) Applicability. This process is used for review and consideration of rezoning,
special use permits, and zoning text amendments.
(b) Review Process.
(1) Application and completeness determination. Application must be made
consistent with this ULDC. The director is responsible for checking that a
complete application has been submitted pursuant to the provisions of this
ULDC with all material necessary for the decision - making authority to
render an informed decision.
(2) Planning and zoning commission review. Following notice as proscribed
in this ULDC, the planning and zoning commission shall hold a public
hearing in accordance with its rules and the V.T.C.A., Local Government
Code, ch. 211 and make a recommendation to the city council.
(3) City council final action. The city council shall hold a public hearing, in
accordance with its rules and the V.T.C.A., Local Government Code, ch.
211 and may take final action on the proposed rezoning or special use
permit.
(4) Effect. The special use permit, rezoning, text amendment shall become
effective 10 days following the passage by city council.
(c) Approval criteria for rezoning applications. All of the following criteria shall be
applied by the director, the planning and zoning commission and the city council
in the review of requests for rezoning (map changes) and changes to the zoning
text of this ULDC:
(1) The rezoning or text amendment is consistent with and furthers the
policies and goals of the future land use plan, major thoroughfare plan,
vision statement, and this ULDC;
(2) The rezoning or text amendment is compatible with existing and proposed
uses surrounding the subject land and is the appropriate district for the
land use proposed;
(3) The rezoning or text amendment promotes the health, safety, or general
welfare of the city and includes the safe, orderly, and healthful
development of the city;
(4) The rezoning or text amendment facilitates the adequate provision of
mobility, water, waste water, storm water and other public services;
(5) There are changed conditions;
(6) The rezoning or text amendment would not result in adverse impacts on
the natural environment, including, but not limited to, water, air, noise,
storm water quality, wildlife, vegetation, and wetlands; and
(7) The application addresses a demonstrated community need.
(d) Approval criteria for special use permits. The planning and zoning commission
may recommend and the city council may issue a special use permit only if all of
the following specific objectives and conditions are met:
(1) That the specific use will be compatible with and not injurious to the use
and enjoyment of adjacent property or property immediately across the
street, and not significantly diminish or impair property values within the
immediate vicinity in any material way;
(2) That the establishment of the specific use will not impede the normal and
orderly development and improvement of surrounding property;
(3) That adequate utilities, access roads, drainage and other necessary
supporting facilities have been or will be provided prior to the issuance of
a certificate of occupancy;
(4) That adequate nuisance prevention measures will be taken and maintained
to prevent or control offensive odor, fumes, dust, light, noise and vibration
prior to the issuance of a certificate of occupancy;
(5) That there are sufficient landscaping, screening, setbacks and other land
use measures to ensure harmony and compatibility with adjacent property;
(6) That the proposed use is consistent with the comprehensive plan and is
generally consistent with this ULDC; and
(7) That the site plan meets the criteria set forth in subsection (e) of this
section.
(e) Additional criteria for special use permits. The planning and zoning commission
may recommend and the city council may adopt other conditions on any special
use permit application that are needed to protect the public health, safety and
welfare, including, but not limited to, hours of operation and additional landscape
or parking requirements.
(1) It shall be unlawful for any person to occupy, construct, alter, extend or
expand any use within a zoning district which permits that use only as a
special use unless a special use permit has first been issued by the city
council for the specific occupation, construction, alteration, extension or
expansion of the proposed use in accordance with the provisions of this
division. If approved, the permit shall be issued specifically to the person
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named in the application for the permit and shall not be transferred
without providing prior written notification to the director.
(2) All uses that receive a special use permit as required under this division
shall meet all applicable regulatory requirements of the state and federal
government and shall meet all applicable requirements of this and other
pertinent ordinances of the city. Applicants for special use permits shall
provide documentation that identifies all applicable federal and state
licensing requirements for the proposed facilities at the time of
application. Copies of the documentation from the state or federal
agencies indicating compliance (i.e. licenses or certificates) shall be
provided to the city no later than sixty (60) days of issuance of the
compliance documents.
(3) Prior to leasing or purchasing facilities, potential heavy industrial use
developers are strongly encouraged to meet with the director to determine
if the location will require a special use permit or other approvals and to
review the merits of potential locations.
(4) The following uses identified in table 2 -2 "Use Conditions" require the
issuance of a special use permit:
a. Industrial uses, including:
i.
Excavation,
ii.
Gravel pit,
iii.
Junk and salvage yard,
iv.
Waste storage and disposal centers,
V.
Oil or gas wells,
vi.
Packaging,
vii.
Resource extraction,
viii.
Slaughterhouse, and
ix.
Sandblasting;
b. Telecommunication facilities;
Group housing uses, including:
i. Boardinghouse,
ii. Dormitory,
iii. Halfway house,
iv. Homeless shelter,
V. Orphanage, and
vi. Personal care home; and
d. Funeral homes with crematoriums.
(5) Other activities that require a special use permit. A special use permit
shall be required for any industrial and manufacturing processes that are
11
not identified in this ULDC. A special use permit shall be required for the
expansion of any non - conforming use.
(6) Site Plan Required. All applications for a special use permit shall be filed
with the director. The application shall be accompanied by a site plan
which, along with the application, will become a part of the special use
permit, if approved. The accompanying site plan shall provide the
following information:
a. Data describing all processes and activities involved with the
proposed use;
b. Data showing compliance with the conditions listed in table 2 -2
"Use conditions";
C. Site plan showing lot size and boundaries drawn to scale;
d. The location of each existing and proposed building and structure in
the area covered by the site plan and the number of stories, height,
roofline and gross floor area of any such building or structure, walls,
fences and buffering. All items on site plan shall be dimensioned;
C. The location of existing natural and manmade storm water facilities
and significant natural features;
f. Proposed wastewater facilities and points of discharge;
g. Proposed landscaping and screening buffers;
h. The location and dimensions of all curb cuts, public and private
streets, parking and loading areas, pedestrian walks, lighting
facilities, and outdoor trash storage facilities;
i. Traffic impact analysis, unless the applicant secures a written waiver
from the city engineer stating that the proposed use will have no
significant impact on the city's traffic system; and
j. Anticipated permits required regarding pollutants, wetlands and
hazardous materials.
(7) Technical expert. When a special use permit is required to comply with
the provisions of this ULDC and when the technical information provided
by the applicant is beyond the technical capacity of the city staff to review
the application, in addition to the usual application fee, the applicant shall
reimburse the city for the actual cost to the city for the services of a
technical expert to review the application and/or information supplement.
The director shall notify the applicant in writing at least 5 working days
prior to hiring a technical expert so that the applicant has the opportunity
to withdraw his application or provide feedback on the hiring of the
technical expert.
(f) Expiration of Special Use Permit. A lapse of a period greater than 24 months
from the date of city council approval causes the special use permit and all related
approvals or permits to expire and be of no further force and effect unless one of
the following conditions are met:
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(1) The holder of the special use permit is issued a certificate of occupancy
for the use specified in the special use permit;
(2) If no certificate of occupancy is required, the holder of the special use
permit is issued a certificate of completion for the use specified in the
special use permit; or
(3) In projects where the use will be established on the property in phases, the
applicant may submit a series of permit applications to prevent the special
use permit from expiring. The phasing plan must be annotated on the
application for the special use permit. The first certificate of occupancy or
completion must be issued within 24 months of special use permit
approval. No more than 24 months shall pass between subsequent
issuances of certificates of occupancy or completion until the project
specified in the special use permit is complete.
If expired, a new special use permit application must be submitted and approved
before engaging in the use.
(g) Revocation of Special Use Permit. The director may revoke a special use permit
if it is determined that any of the following are true:
(1) The applicants have misrepresented any material fact on their application,
or supporting materials;
(2) The special use fails or ceases to comply with applicable standards,
conditions or criteria for issuance of a permit;
(3) The operation of the special use violates any statute, law, ordinance or
regulation; or
(4) The operation of the special use constitutes a nuisance or poses a real or
potential threat to the health, safety or welfare of the public.
(h) Appeal of Special Use Permit Revocation. Owner of the special use permit may
appeal such revocation to the city council. Owner must file a written appeal with
the city clerk within ten days of the decision of the director. Owner must show
that the director made decisions based on incorrect or incomplete data.
(i) Discontinuation of Use. A special use permit shall expire 12 months following
the discontinuation of the use for which the special use permit was approved.
Sec. 1.27 Non conformities.
(a) Scope; continuation; repair and maintenance.
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(1) Authority to continue.
a. Continuation of nonconforming use. A nonconforming use that
lawfully occupied a structure or a vacant site on (Effective Date),
may be continued so long as it remains otherwise lawful, subject to
the standards and limitations of this ULDC.
b. Continuation of noncomplying structure. A noncomplying
structure that lawfully occupied a land site on (Effective Date),
that does not conform to the standards for front setbacks, side
setbacks, rear setbacks, height, screening, floor area of structures,
driveways or open space for the district in which the structure is
located may be used and maintained, subject to the standards and
limitations in this ULDC.
(b) Nonconforming Uses.
(1) Process for determining abandonment. Under this section, a
noncomplying structure may be considered abandoned subject to the
following:
a. Determination. A noncomplying structure that is discontinued or
remains vacant for a continuous period of one year shall be
presumed to be abandoned and shall not thereafter be reestablished
or resumed. Any subsequent use or occupancy of the structure
must conform to the structure regulations for the district in which it
is located.
b. Overcoming presumption of abandonment. The presumption of
abandonment may be rebutted upon proof to the satisfaction of the
director or to the board of adjustment that during such period the
owner of the land or structure (i) is maintaining the property in
accordance with the building code, (ii) is in compliance with
article XV of chapter 18 of the code of ordinances pertaining to
vacant buildings, and (iii) is either:
Actively and continuously marketed for sale or lease; or
ii. Engaged in other activities that would affirmatively prove
there was not intent to abandon, such as obtaining a
building permit and obtaining inspections meeting the
requirements of the city's building code.
C. Calculation of period of abandonment. Any period of such
discontinuance directly caused by government action, fire or
natural calamity without any contributing fault by the owner of the
14
property shall not be considered in the calculation of length of
abandonment for this section.
(2) Movement, alteration and enlargement. No nonconforming use may be
moved, enlarged or altered and no nonconforming use of land may occupy
additional land, except as follows:
a. Enlargement. A nonconforming use may not be enlarged,
expanded or extended to occupy all or a part of another structure or
land site that it did not occupy on {Effective Date }. However, a
nonconforming use may be extended within the same structure,
provided no structural alteration of the structure is proposed or
made for the purpose of the extension.
b. Exterior or interior remodeling or improvements to structure.
Exterior or interior remodeling or improvements to a structure
containing a nonconforming use shall be allowed, provided there is
no expansion of the nonconforming use.
C. Relocation of structure. A structure containing a nonconforming
use may not be moved unless the use shall conform to the
regulations of the district into which the structure is moved.
d. Change of nonconforming nonresidential use to another
nonconforming use. Upon application to the director pursuant to
this article, a nonconforming use may be changed to another
nonconforming use of the same or similar type or intensity or to
another nonconforming use of the same or similar type, but of less
intensity. Whenever any nonconforming nonresidential use is
changed to a less intensive nonconforming nonresidential use, such
use shall not be changed back to a more intensive nonconforming
nonresidential use. Whenever any nonconforming nonresidential
use is changed to a conforming use, such use shall not later be
changed to a nonconforming use.
e. Destruction of structure with nonconforming use. If a structure that
contains a nonconforming use is destroyed to the extent of 50
percent or more by fire or natural calamity or is voluntarily razed
or is required by law to be razed, the nonconforming use shall not
be resumed except as provided in subsection (2)(f) of this section.
The determination of the extent of damage or destruction under
this subsection shall be determined in accordance with subsection
(e)(7) of this section.
Special use permit. If a structure that contains a nonconforming
use is destroyed to the extent of 50 percent or more by fire or
natural calamity, the owner must file an application for a special
15
use permit in accordance with section 1.26 if the owner desires to
resume the nonconforming use. The application shall be processed
in accordance with article one of this ULDC, except all of the
following conditions must be met in lieu of those conditions found
in section 1.26:
Not contrary to the public interest;
ii. Due to special conditions, a literal enforcement of the
ordinance would result in unnecessary hardship; and
iii. The spirit of this ULDC is observed and substantial justice
is done.
(c) Noncomplying structures.
(1) Generally. Under this ULDC, no noncomplying structure may be moved,
enlarged or altered, except in the manner provided in this section or
section (b) above or unless required by law.
(2) Applicability. Nothing contained in this section shall be construed to
prohibit improvements, maintenance or repair for any part of structures
that are inside the existing footprint of a noncomplying structure that do
not increase the height of the existing noncomplying structure. Some
examples are the following: a water heater may be repaired or replaced
within the existing footprint; components, cladding and roofs may be
repaired as long as square footage (usable or not usable) is not added to
make another story on the building or to exceed the existing footprint of
the structure.
(3) Repair, maintenance, and alteration. Any noncomplying structure may be
repaired, maintained, or altered; provided, however, that no such repair,
maintenance, or alteration shall either create any new noncompliance or
increase the degree of the existing noncompliance of all or any part of
such structure except in the manner provided in this section or in the
variance and special exception regulations of this ULDC.
(4) Enlargement. A noncomplying structure may not be enlarged, expanded
or extended to occupy all or a part of the land site that it did not occupy on
(Effective Date) unless a noncomplying structure expansion variance is
granted by the director or board of adjustment in accordance with
subsection (d) of this section.
(5) Moving. A noncomplying structure shall not be moved in whole or in part,
for any distance whatsoever, to any other location on the same or any
other lot unless the entire structure shall thereafter conform to the
regulations of the district in which it is located after being moved except
16
in the manner provided in this section or in the variance and special
exception regulations of this ULDC.
(6) Damage or partial destruction. If a noncomplying structure is damaged or
destroyed by fire or natural calamity to the extent of 50 percent or less, the
structure may be restored if restoration is started within six months and
diligently pursued to completion. The city may require a cash deposit,
bond or other guarantee of performance to ensure diligent progress and
completion of the restoration. Any delay in starting such restoration that is
caused by government action or natural calamities and without
contributing fault by the owner shall be deducted in calculating the
starting date of restoration.
(7) Destroyed structures. Reconstruction of a noncomplying structure that
has been more than 50 percent destroyed may be granted by the board of
adjustment only upon its finding that granting the variance satisfies the
following conditions:
a. Not contrary to the public interest;
b. Due to special conditions, a literal enforcement of the ordinance
would result in unnecessary hardship; and
C. The spirit of this ULDC is observed and substantial justice is done.
It shall be the applicant's responsibility to demonstrate the basis for the
variance request to the board of adjustment. The board of adjustment
may impose such conditions as are necessary to protect adjacent property
owners, to safeguard the character of the neighborhood in which the
noncomplying structure is located, and to ensure the protection of the
public health, safety and welfare, including, but not limited to, conditions
specifying the period during which the nonconforming use may continue
to operate or exist before being brought into conformance with the
standards of the zoning regulations of this ULDC. In considering such
reconstruction, the board of adjustment shall address the public welfare,
character of the area surrounding such structure, the conservation,
preservation and protection of property, including the applicant's property,
as well as all plans adopted by the city council that affect or cover the
area in which the land is located.
(8) Calculation for percentage destroyed. The board of adjustment shall
utilize the following to make its determination concerning more than 50
percent destroyed:
a. The value of the noncomplying structure prior to destruction shall
be established using the most current (pre - destruction) appraisal
district tax roll; and
17
b. The owner may propose to substitute a current appraisal of the
nonconforming building (before it was destroyed) prepared by an
appraiser licensed in the state to prepare such appraisal.
(d) Variances for the expansion of non - compliant structures.
(1) Purpose. The purpose of this subsection is to set minimum requirements,
standards and conditions for approving proposed variances to allow the
expansion of noncomplying structures. These regulations are intended to
ensure the same general level of compatibility as is set forth in the
comprehensive plan, neighborhood plans, and redevelopment and
economic development plans adopted by city council. These regulations
intend that variances granted to nonconforming structures do not adversely
affect the adjacent land uses, especially adjacent residential uses, or the
physical character of uses or structures in the immediate vicinity of the
neighborhood in which the variance is sought. Finally, the purpose of
variances is to - over time - bring nonconforming structures into
compliance with the current zoning regulations in order to improve
neighborhoods, businesses and tax base.
(2) Types of expansion variances.
a. Variance by director. The director may grant a variance for a
nonconforming structure affecting up to 10 percent, not to exceed
5,000 square feet of the footprint of the nonconforming structure if
the applicant elects to comply with the standards set forth in
subsections (3) and (4) of this section.
b. Variance by the board of adjustment. The board of adjustment
may grant a variance affecting the expansion of a nonconforming
structure, if the applicant elects to comply with the standards set
forth in subsections (3) and (4) of this subsection. The board of
adjustment may grant a variance or variances that cumulatively
with any variance or variances granted by the director allow up to a
40 percent expansion, but not to exceed 25,000 square feet of the
nonconforming structure on (Effective Date). Expansion
variances may not be granted for 100 percent of the
nonconforming structure.
(3) Expansion variance criteria. The director or the board of adjustment may
grant an expansion variance when the applicant demonstrates that the
variance request will meet all the criteria below:
a. Ensures the same general level of land use compatibility as the
otherwise applicable standards;
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b. Does not adversely affect adjacent land uses and the physical
character of uses in the neighborhood in which the exception is
sought because of inadequate buffering, screening, setbacks and
other land use considerations;
C. Does not adversely affect property values of adjacent properties in
any material way and will improve the property value of the
property for which the exception is sought;
d. Furthers the goals and vision of the city as set forth in the
comprehensive plan, the vision statement, and an applicable
neighborhood plan or redevelopment plan adopted by the city
council;
C. Does not decrease any building setback or further encroach into a
building setback that is the basis of the structure's noncomplying
status;
f. Is generally consistent with the purposes and intent of this ULDC;
and
g. Will bring the existing and proposed structure closer into
compliance with the zoning regulations of this ULDC, or will
otherwise improve or enhance public health, safety or welfare.
(4) Variance credits. In addition to the variance criteria listed in subsection
(d)(3) of this section, the applicant may be granted an expansion variance
only when the applicant has supplied credits in the amounts shown in table
1-4 that illustrates the number of approved credits required for the
applicant's proposed project based on the percentage expansion of the
project.
Table 14. Variance credits.
10% or less
2
Over 10% to 20%
3
Over 20% to 30%
4
Over 30% to 40%
5
a. The variance credits proposed to be met herein for the board of
adjustment or director shall not be the same standards already
approved to support a variance granted on the same property.
b. Such credits may be approved by the board of adjustment or director
as part of the application for variance and staff may deny any
19
subsequent building permit if applicant fails to comply with the
variance conditions set by the board of adjustment.
C. The applicant for a variance shall then choose any of the following
credits that match the number of required credits for the project,
subject to the approval of the director or the board of adjustment as
applicable to the case:
i. Installation of a streetscape along the street at which the project
is addressed following the standards that are set forth in section
18 -1206 of the code of ordinances;
ii. Installation of parking lot landscaping to the percent of
required landscaping that equals or exceeds the extent of the
expansion requested in the variance based upon section 18-
1205 of the code of ordinances;
iii. Installation of a public sidewalk along the frontage(s) of the
property where no sidewalk exists;
iv. Installation of an improved buffer between the property and
adjacent properties zoned or used for residential purposes,
which may include the addition of hedges or decorative posts,
or the substitution of higher quality materials for the buffer
fence or other similar improvements;
V. Painting or otherwise modifying the exterior of the structure
with appropriate building materials to match the color range
and/or materials of adjacent properties and/or those
immediately across the street. Modifications may include, but
are not limited to, the addition of siding, awnings, window
trim, and new facia. When the property in question is located in
a neighborhood that has a plan adopted by the city council and
that addresses architectural standards, then material/exterior
must comply with the adopted plan before credit may be given
under this section;
vi. Construction of a new roof on the structure such that the
appearance and safety of the structure are improved;
vii. Specifying the period during which the nonconforming use or
structure may continue to operate or exist before being brought
into conformance with the standards of the zoning regulations;
viii. Maintenance of specific operating hours for a nonconforming
use; or
20
ix. Alternative proposals that meet all the intent and purpose of
this ULDC.
(5) Approval. The director or board of adjustment may approve, approve with
conditions or disapprove the application for an expansion variance permit,
pursuant to the criteria of this section. Any approval or conditional
approval of a variance shall include the number and type of credits
approved by the director or the board of adjustment for the variance
consistent with this section.
Sec. 1.28 Regulations pertaining to variances and special exceptions.
(a) Review and recommendation by director. After determining that the application
for a variance or special exception permit is complete, the director shall review
the application and prepare a staff report, which may include a recommendation
of approval, approval with conditions or disapproval based upon the criteria in
sections 1.29 and 1.30. A copy of the report shall be mailed to the applicant at
least five days prior to the public hearing on the application.
(b) Conditions. The director may recommend and the board of adjustment may
impose such conditions on a variance or special exception permit as are necessary
to accomplish the purposes of this ULDC, to prevent or minimize adverse impacts
upon the public and neighborhoods and to ensure compatibility. These conditions
may include, but are not limited to, limitations on size, bulk and location;
standards for landscaping, buffering and screening, lighting and adequate ingress
and egress; cash deposits, bonds and other guarantees of deposit; other on -site
improvements; and limitations on the duration of the permit or hours of operation.
(c) Submittal requirements. Any application for a variance or special exception shall
be accompanied by a site plan, drawn to scale that accurately depicts the existing
conditions and the proposed conditions, including lot lines, locations of all
structures, driveways, fences, berms, buffer landscaping, signs and paved areas
and other items or features that may be appropriate to the consideration of the
variance or special exception being sought as requested by the director. An as-
built survey may serve as the basis for the existing conditions shown on the site
plan.
(d) Action by board of adjustment. After due notice, the board of adjustment shall
hold a public hearing on an application for a variance permit. At the public
hearing, the board of adjustment shall consider the application, the staff report,
the relevant support materials and the public testimony given at the public
hearing. After the close of the public hearing, the board of adjustment shall vote
to approve, approve with conditions or disapprove the application for a variance
permit, pursuant to the criteria of section 1.29. Any approval or conditional
approval of a variance shall include the number and type of credits approved by
the board of adjustment for the variance consistent with section 1.29. This
21
subsection does not apply to variances granted by the director per section 1.29,
subsection (e).
(e) Effect.
(1) Generally. Issuance of a variance or special exception permit shall
authorize only the particular variation which is approved. A variance or
special exception permit shall run with the land.
(2) Time limit. Unless otherwise specified in the variance or special exception
permit, an application to commence construction of the improvements that
are the subject of the variance or special exception must be applied for and
approved within 12 months of the date of approval of the special exception
or variance; otherwise the variance or special exception permit shall
automatically become null and void. Permitted timeframes do not change
with successive owners. Upon written request, only one extension of the
12 -month timeframe may be granted by the board of adjustment for a
period not to exceed 12 months for good cause shown.
(3) Null and void. Once the variance becomes null and void, owner shall
remove any nonconforming structures or pieces of structures that were
addressed by the variance granted. Any structures or improvements not
associated with the variance granted are not required to be removed.
Sec. 1.29 Variance process.
(a) Purpose and intent. The purpose of a variance process is to consider and approve
deviations from the property development standards for the applicable district
where development is proposed that would not be contrary to the public interest
and, due to special conditions, a literal enforcement of this chapter would result in
unnecessary hardship and if granted the spirit of this chapter is observed and
substantial justice done. A variance is not applicable to a use or an operational
performance standard.
(b) Types of variances:
(1) Variance by board of adjustment. The board of adjustment and the
director may grant a variance from the dimensional standards of zoning
for a property if the variance satisfies criteria identified in subsection (c)
of this section.
(2) Variance by director. The director may consider and grant a variance of
up to 10% of the dimensional requirement.
(c) Variance Criteria. The director or the board of adjustment may grant a variance
when the applicant demonstrates that the variance request will meet all the criteria
below:
22
(1) Ensures the same general level of land use compatibility as the otherwise
applicable standards;
(2) Is not a hardship of the applicant's own making;
(3) Does not adversely affect adjacent land uses and the physical character of
uses in the neighborhood in which the exception is sought because of
inadequate buffering, screening, setbacks and other land use
considerations;
(4) Does not adversely affect property values of adjacent properties in any
material way and will improve the property value of the property for
which the exception is sought. (Did the applicant demonstrate that the
structure has historically provided a facility in the neighborhood or
otherwise improves the overall neighborhood);
(5) Furthers the goals and vision of the city as set forth in the comprehensive
plan, the vision statement, and an applicable neighborhood plan or
redevelopment plan adopted by the city council;
(b) Is generally consistent with the purposes and intent of this ULDC;
(7) Is needed as special circumstances exist that are peculiar to the land or
structure that are not applicable to other land or structures in the same
district and are not merely financial;
(8) Is necessary as literal interpretation and enforcement of the terms and
provisions of the dimensional standards would deprive the applicant of
rights commonly enjoyed by landowners in the same district and would
cause an unnecessary and undue hardship;
(9) Is the minimum action that will make possible the use of the land or
structure which is not contrary to the public interest and which would
carry out the spirit of this ULDC and would result in substantial justice;
and
(10) Will bring the existing and proposed structure closer into compliance with
the zoning regulations of this ULDC, or will otherwise improve or
enhance public health, safety or welfare.
(d) variance application standards. A complete application for a variance shall be
submitted by a qualified applicant to the director on a form prescribed by the
director, along with a nonrefundable fee to defray the actual cost of processing the
application. No application shall be processed until the established fee has been
paid and the application has been determined complete by the director.
23
(e) Action by director. The director may approve, approve with conditions or
disapprove the application for a variance permit, pursuant to the criteria of this
section.
Sec. 1.30 Special exception process.
(a) Scope. Special exceptions are deviations from otherwise applicable operational
performance standards and compatibility standards where development is
proposed that would be:
(1) Compatible with surrounding land uses;
(2) In keeping with the public interest; and
(3) Consistent with the purposes of this ULDC.
(b) Permit criteria. To approve an application for a special exception permit, the
director or board of adjustment shall make an affirmative finding that granting the
special exception will:
(1) Ensure the same general level of land use compatibility as the otherwise
applicable standards;
(2) Not materially and adversely affect adjacent land uses and the physical
character of uses in the immediate vicinity of the proposed development
because of inadequate buffering, screening, setbacks and other land use
considerations;
(3) Not adversely affect property values in any material way; and
(4) Be generally consistent with the purposes and intent of this ULDC.
Sec. 1.31 Development manual.
(a) A development manual that includes the following standards shall be prepared by
the director and used in this development review process:
(1) Review schedules;
(2) Application forms for all development applications governed by this
ULDC; and
(3) Checklists for all applications governed by this ULDC.
(b) The development manual shall be consistent with this ULDC and shall be
implemented in a manner that is consistent with this ULDC.
24
Article Two. Use Districts
Division 1. General
Sec. 2.01 District map.
The boundaries of the districts established by this chapter shall be shown on a map or
series of maps entitled "Official District Map," an up -to -date copy of which shall be
maintained in the office of the director. Original copies of the official map and all
amendments thereto shall be maintained in the city clerk's office. In any dispute
regarding the classification of property subject to this chapter, the original map
maintained by the city clerk shall control.
Sec. 2.02 Interpretation of district boundaries.
(a) Generally. This section shall govern interpretations regarding the location of
zoning district boundaries shown on the official map.
(b) Boundaries following property lines. District boundaries shown as approximately
following property lines shall be construed as following such property lines.
(c) Boundaries following right -of -way lines. District boundaries shown as
approximately following right -of -way lines of a street, highway, alley, railroad or
other identifiable boundary shall be construed as following such right -of -way line
or identifiable boundary.
(d) Boundaries not following identifiable features. On unsubdivided land or when a
district boundary follows no identifiable feature, the location of district
boundaries shall be determined by using the map scale appearing on the official
map, unless the district line is indicated by dimensions printed on the official
map, in which case the printed dimensions shall control.
(e) Street abandonments. Whenever any street, alley or public way is abandoned or
vacated by official action of the city council, the districts adjoining each side of
such street, alley or public way shall be automatically extended to the centerline
of such abandonment or vacation, and all area included in the abandonment or
vacation shall be subject to the regulations of the extended districts.
(f) Uncertainties. Where existing physical or natural features contradict those shown
on the official map or when any other uncertainty exists, the location of district
boundaries shall be determined by the director.
Sec. 2.03 Classification of annexed areas.
Any land which comes under the jurisdiction of the city because of its annexation to the
city shall be classified into the SF1 district unless the owner or majority of owners of the
25
subject property files rezoning application, in which case such property shall be assigned
a district classification in accordance with the amendment procedures of this ULDC.
Division 2. Zoning Districts
Sec. 2.04 Commercial zoning districts.
These districts are intended to implement and correspond to the comprehensive plan's
future land use map designations and descriptions. The following districts are
established:
(a) Mixed Use ( "MU'). This district is intended to accommodate uses that are zoned
MU as of {Effective Date }. No additional lands shall be zoned MU.
(b) Neighborhood Serving Commercial ( "NSC'). This district is intended to
accommodate commercial uses adjacent to a residential neighborhood and not
accommodate regional commercial uses. The Neighborhood Serving Commercial
District is designed or intended to improve traffic flow, and provides the option of
pedestrian activity from dwelling units to the neighborhood commercial uses.
(c) Livable Center ( "LC'). This district is intended to accommodate a "planned in
advance" mixed use center, which is either vertically or horizontally integrated
and includes a planned variety of living, working, educational and entertainment
options.
(d) General Commercial ( "GC'). This district is intended to provide for a variety of
uses including offices, retail, residential and related uses that are mixed within
buildings either vertically and/or horizontally and which are planned as a unit.
The GC district may be used as a transitional district between more intensive
nonresidential districts (e.g., industrial) and higher density residential districts or
as the primary district for such corridors as Garth or Main.
(e) Arts, Cultural and Entertainment ( "ACE'). This district is intended to foster the
development of highly compatible and mutually supportive land uses in the
downtown area.
(f) Light Industrial ( "LI'). This district is intended to provide for low- intensity
manufacturing and on -site industrial activities that may generate some nuisances.
Industrial uses are not appropriate adjacent to any residential uses. Unless
separated by a principal arterial, the LI district is not appropriate adjacent to any
residential district.
(g) Heavy Industrial ( "HP). This district is intended to provide for manufacturing
and industrial activities that may generate nuisances. Industrial uses are not
appropriate adjacent to any residential uses. Unless separated by a principal
arterial, the HI district is not appropriate adjacent to any residential district.
26
Sec. 2.05 Residential zoning districts.
(a) Neighborhood Conservation ( "NC'). This district is a residential district with a
density conforming to the zoning code adopted in 1995. This district allows only
residential uses and no additional lands shall be zoned NC.
(b) Urban Neighborhood ( "UN'). This district is a mixed use residential and limited
commercial district with a density conforming to the zoning code adopted in
1995. No additional lands shall be zoned UN.
(c) Single- Family Estate ( "SFE "). This district provides for residential dwellings at
a very low density. This district accommodates only single- family detached
dwellings at a density of less than 1 dwelling unit per acre.
(d) Low Density Single- Family Residential Dwellings ( "SFI '). This district provides
for single- family detached residential dwellings at a density up to 4 dwelling units
per acre.
(e) Mixed Residential at Low to Medium Densities ( "SF2'). This district provides
for single - family detached and attached residential dwellings and two - family
dwellings at a density up to 9 dwelling units per acre.
(f) Medium Density Mixed Residential ( "MFI "). This district provides for single -
family detached and attached residential dwellings, two - family dwellings, and
multifamily dwellings at a density up to 15 dwelling units per acre.
(g) Mid -Rise Density Mixed Residential Dwellings ( "MF2'). This district provides
for two - family dwellings, single- family attached dwellings and multifamily
dwellings at a density up to 23 dwelling units per acre.
(h) High Density Residential Dwelling Units ( "MF3 "). This district provides for
multifamily dwellings at a density up to 30 dwelling units per acre provided that
the floor area ratio does not exceed one. For vertical mixed use, see Livable
Centers District in this article.
Sec. 2.06 Special purpose zoning districts.
(a) Planned Unit Development District ( "PUD'). This district is intended to allow
flexibility in planning and designing for unique or environmentally sensitive
properties that are a minimum of ten acres in size and shall be developed in
accordance with a common development scheme. PUD zoning is designed to
accommodate land uses that cannot be accommodated using the districts in this
ULDC. A PUD may be used to permit new or innovative concepts in land use
and standards not permitted by zoning in this ULDC.
(b) Gateway /Corridor District ( "GD'). The district is intended to enhance the entry
ways to the city. Various corridors may be designated by the city council for the
27
purpose of applying alternative landscaping and design standards, or a land use
there. For example, the Alexander Drive area fron-i S119 tip to S,1-1146 Could be
one corridor plan of- it could be done in several smaller segments addressing land
use, conditions, property development standards and design standards.
See. 2.07 Density and use.
A mix of residential USeS shall be allowed in SF2, MFI, and M172 zoning districts
according to density as shown in table 2-1.
'Fable 24. Net Density/Allowed Use
Shaded= Allowed
See. 2.08 Planned unit develop in cuts,
(a) Purpose. The planned development district is a district designed to provide for
the development of land as an integral unit for single or mixed uses in accordance
with a plan that may vary from the established regulations of other zoning
districts. It is the intent in such a district to insure compliance with good zoning
practices while allowing certain desirable departures from the strict provisions of
specific zoning classifications.
(b) Aj)plictition. An application for a planned development district shall be processed
in accordance with this ULDC. A pre-application conference is required between
(lie applicant and the director prior to the actual filing of the application,
(c) Base clistrict. A base zoning district shall be specified, The regulations in the, base
zoning district shall control unless specifically stated otherwise in the PUD� The
base district specified in the plans is the minifflum criteria to be filet where the
developer and council choose not to specify standards as an alternative to the
base.
(d) Detail phin requireinents. The application for a planned development district
shall include a detail plan and shall include the following:
(1) Purpose, The plan contains the details of development for the property.
For smaller tracts, or where final development plans are otherwise known,
28
the detail plan may be used to establish the district and be the only
required step in the planned development process;
(2) Relation to the comprehensive plan. A general statement setting forth how
the proposed district will relate to the city's comprehensive plan and the
degree to which it is or is not consistent with that plan and the proposed
base zoning district;
(3) Acreage. The total acreage in the plan as shown by a survey, certified by
a registered professional land surveyor;
(4) Land uses. Permitted uses, specified in detail, and the acreage for each
use;
(5) Off -site information. Adjacent or surrounding land uses, zoning, streets,
drainage facilities and other existing or proposed off -site improvements, as
specified by the department, sufficient to demonstrate the relationship and
compatibility of the district to the surrounding properties, uses, and
facilities;
(6) Traffic and transportation. The location and size of all streets, alleys,
parking lots and parking spaces, loading areas or other areas to be used for
vehicular traffic; the proposed access and connection to existing or
proposed streets adjacent to the district; and the traffic generated by the
proposed uses. Identify the relationship of each proposed street to the
city's major thoroughfare plan;
(7) Development standards. Development standards, if different from the base
zoning district, for each proposed land use, as follows:
a. Minimum lot area;
b. Minimum lot width and depth;
C. Minimum front, side, and rear building setback areas;
d. Maximum height of buildings;
e. Maximum lot coverage;
f. Maximum floor -to -area ratios for nonresidential uses;
g. Minimum parking standards for each general land use; and
h. Other standards as deemed appropriate.
(8) Existing conditions. On a scaled map sufficient to determine detail, the
following shall be shown for the area within the proposed district:
a. Existing streets;
b. Existing 100 -year floodp lain, floodway and major drainage ways;
C. Zoning districts within and adjacent to the proposed district;
d. Land use; and
C. Utilities, including water, wastewater and electric lines.
29
(9) Buildings. The locations, maximum height, maximum floor area and
minimum setbacks for all nonresidential buildings;
(10) Residential development. The numbers, location, and dimensions of the
lots, the minimum setbacks, the number of dwelling units, and number of
units per acre (density);
(11) Water and drainage. The location of all creeks, ponds, lakes, floodplains
or other water retention or major drainage facilities and improvements;
(12) Utilities. The location and route of all major sewer, water, or electrical
lines and facilities necessary to serve the district;
(13) Open space. The approximate location and size of greenbelt, open,
common, or recreation areas, the proposed use of such areas, and whether
they are to be for public or private use;
(14) Sidewalks and bike paths. Sidewalks or other improved ways for
pedestrian or bicycle use;
(15) Landscape plan; and
(16) Phasing Schedule. A PUD district larger than 100 acres shall provide a
phasing schedule depicting the construction phases.
(e) Planning and zoning commission recommendation of detail plan. The planning
and zoning commission shall review and make recommendations on a detail plan
or the amendment of a detail plan to the city council. The planning and zoning
commission shall make a recommendation to approve the detail plan if it finds
that:
(1) Compliance. The plan complies with the concept plan approved for that
property and the standards and conditions of the PUD district;
(2) Compatibility. The plan provides for a compatible arrangement of
buildings and land uses and would not adversely affect adjoining
neighborhood or properties outside the plan; and
(3) Circulation of vehicular traffic. The plan provides for the adequate and
safe circulation of vehicular traffic.
(f) Approval of district. The city council may, after receiving a recommendation
from the planning and zoning commission, approve by ordinance the creation of a
district based upon a detail plan. The approved plan shall be made part of the
ordinance establishing the district. Upon approval said change shall be indicated
on the zoning maps of the city. The development standards and requirements,
30
including, but not limited to, maximum height, lot width, lot depth, floor area, lot
area, setbacks and maximum off - street parking and loading requirements for uses
proposed shall be established for each planned development district based upon
the particular merits of the development design and layout. Such standards and
requirements shall comply and be more restrictive than the standards established
in the base zoning district for the specific type uses allowed in the district, except
that modifications in these regulations may be granted by the council if it shall be
found that such modifications are in the public interest, are in harmony with the
purposes of this ULDC and will not adversely affect nearby properties. The detail
plan shall include a specific phasing plan when the area is 100 or more acres in
size.
(g) Expiration of detail plan. A detail plan shall be valid for two years from the date
of its approval. If a building permit has not been issued and construction has not
begun on the detail plan within the two years, the detail plan shall automatically
expire and no longer be valid. The council may, prior to expiration of the detail
plan, for good cause shown, extend for up to 12 months the time for which the
detail plan is valid. Once expired, the zoning designation reverts to the
underlying zoning district. Once expired, all future phases are also expired.
(h) Annual review by the planning and zoning commission. Annually, on or about the
time of the original city council approval, the planning and zoning commission
shall review progress on building permits, construction, inspections and
preparation for the next phase. If measurable progress cannot be demonstrated by
the owner of the PUD, then the planning and zoning commission shall
recommend to the city council to void the PUD or the remaining phases of the
PUD.
(i) Changes in detail plan. Changes in the detail plan shall be considered the same as
changes in the zoning ordinance and shall be processed in accordance with this
ULDC. Those changes which do not alter the basic relationship of the proposed
development to adjacent property and which do not alter the uses permitted or
increase the density, floor area ratio, height, or coverage of the site, or which do
not decrease the off - street parking ratio or reduce the yards provided at the
boundary of the site, as indicated on the approved detail plan, may be authorized
by the director. Any applicant may appeal the decision of the director to the
planning and zoning commission for review and decision as to whether an
amendment to the planned development district ordinance shall be required.
(j) Minimum development size. The total initial development of any planned
development district shall not be less than ten acres.
(k) Deviation from code standards. The city council may approve a PUD concept or
detail plan with deviations from any provision in this ULDC. Such deviations
shall be listed or shown as part of the ordinance that approves the concept or
detail plan. The focus shall be on the provision of private open space, trails and
connections to the public trail system, higher standards for site design, and the
31
provision of other amenities such as community buildings, preservation of view
corridors, for example.
Division 3. Land Use Tables and Conditions
Section 2.09 Land use tables.
This section sets forth the land uses allowed in each zoning district. In the following
tables "P" means Permitted Use and "PC" means Permitted Use with Conditions as set
forth in the conditions tables in division 3 of this article. Where neither a "P" nor a "PC"
exists in the table, the use is prohibited. To the extent that there is a conflict between the
use tables and the conditions, the use table controls.
Table 2 -2. Non - residential uses.
Agriculture (may include
animal husbandry — raising
of animals including P P P P P
livestock) excluding
feedlots
Animals
Kennels
PC
A25
Animal hospital
PC
PC
PC
A25
Exotic animals
PC
PC
PC
PC
A5
Auto body shop
P
PC
P
Al
Automobile facility, major
P
PC
P
P
A2
Automotive repair, minor
P
P
P
P
Boat and RV storage
P
PC
P
A36
Building, heating,
plumbing, general, service
or electrical contractors
with outdoor storage
P
PC
P
A3
Community services
P
P
P
P
P
P
Containers
PC
PC
PC
PC
A6 -7
Day care
P
P
P
P
PC
PC
A8
Dwelling unit
PC
PC
PC
A44
Eating establishments
Full service
P
PC
PC
P
P
P
PC
A9 -10, Al2
Limited service
P
PC
P
P
P
PC
A9, A11 -12
Entertainment facilities,
including bars and lounges
PC
PC
PC
PC
A45
32
Equipment sales and rental
1,
1'
P
facilities
Excavation
PC
PC:
A23
Extended stay motel
PC
PC
A13
Funeral Flonae
PC
PC
PC
A33
Gas station aninimart
P
PC
P
P
A14
Gas, station minianart with
limited food preparation
P
PC
13
P
A15
Gras stations
1'
PC,
1'
P
P
A16
Gravel pit
_
1'C
A23
Grocery stores
P
PC
PC::
P
P
A19
Group housing,
Boardinghouse,
Dormitory, .Flalfway
house, Orphanage,
PC
PC
A20 -22
Group home for
substitute care
Homeless shelter
PC
PC
A21 -22
Hotels and motels
P
P
13
P
P
.funk and salvage yard
PC
PC
A23
Live QUtdoor exhibitions
PC
PC
PC
A26
Medical facilities
Hospitals P 1' 1'
Clinics
P
P
P
P
P
PC
A4
Medical waste storage
and disposal center
PC
PC
A23
Nursing hones and
1'C;'
'I
PC
A20, A22
assisted living facilities
Office _
P
PC
PC;
P
P
P
PC
A27 -28
Oil or gas wells
PC
j A23, A29
Outdoor storage
PC
PC
PC
p
P
A42
Packaging
PC;
PC:
A23
Parking, commercial
P
P
P
Personal service
P
P
P
1'
P
P
Pet stores
PC.'
PC:
1)C
PC
A32
Places ofassernbly
13C
PC
PC.
PC
PC
.A.30, A3OA
Recreational vehicle park
PC
PC
A31
Repair business
1'
P
1'
1'
P
lesourcc extraction
PC.
A23, A34
33
m
Retail
General
P I
1.)c
PC
P
P
P
A18
Big box
PC
PC
A17
Sandblasting
PC
PC
PC
A23
Self storage
P
1)
P
Slaughterhouse
PC
A23, A35
Supply houses directly to
industry not to individuals
P
P
Telecom municati oil
PC
PC
PC
PC
A37
Facilities
Towing service
PC
1)
A38
Towing yard
PC
P
A42
Truck stop
1)
Truck terminal
P
P
Vehicle sales, rental or
leasing facility, industrial
P
P
P
Vehicle sales, rental or
leasing facility, personal
P
P
P
Vehicle storage
P
PC
P
A36
Warehouse and freight
PC
PC
P
P
A40
movement
Waste related services
Landfills
P
Recycling centers
PC
P
A41
Wholesale trade
P
P
Accessory uses are uses incidental and subordinate to the principal use, located on the
same lot as the principal use and in the same zoning district as the principal use.
Table 2-3. Non-residential accessory use table.
34
Table 24. Residential uses.
Agriculture
PC
PC
PC
Barn
P
Community building
PC
B3
Community services
PC
PC
PC
PC
PC
PC
PC
PC
PC
136 -7
Industrialized home
P
P
P
P
P
P
P
Manufactured home
P
P
Multifamily dwelling
PC
PC
PC
PC
B 11
Single - family
residential attached
PC
PC
PC
P
P
PC
B14, B21
Single- family
P
P
P
PC
P
P
B17
residential detached
Two - family dwelling
PC
P
PC
P
P
B18, B19
duplex
Country clubs
P
P
P
P
P
P
Golf courses
P
P
P
P
P
P
P
P
Group home for the
PC
PC
PC
PC
PC
B9
disabled
Personal care home
PC
PC
PC
PC
PC
B9
Public park
P
P
P
P
P
P
P
P
P
Places of assembly
PC
PC
PC
PC
PC
PC
PC
PC
PC
1312
Pool, pool house, hot
tub, and related
P
P
P
P
P
P
P
P
P
mechanical equipment
and storage facilities
Storage of unoccupied
recreational vehicles
P
P
P
P
for personal use
Accessory uses are uses incidental and subordinate to the principal use, located on the
same lot as the principal use and in the same zoning district as the principal use.
Table 2 -5. Residential accessory use table.
Accessory dwelling
PC PC
PC PC
PC PC PC B1, B2, B 10
Barn
P
Community building
PC
PC PC PC PC
B5
Family home day care
PC PC
PC PC PC
I PC PC PC Bs
Garage sale
PC PC
PC PC
PC PC PC B20
Gazebo
P P
P P P P P
P P P
35
ACCESSORY USE SFE SFI $F2 MFI 1M ?2 NIF3 NC UN MU ACE ON
REF
Laundry building
PC
PC
PC
B5
Non-cornmercial
Scalar energy facilities
PC
PC
PC
PC
PC
PC'
PC
PC
PC
PC
B15
Oil site management
office Cor inultiffirnily
or single-family
attached dwellings
PC
PC
PC
PC'
PC
PC
PC
B7
On site storage of a
personal pleasure boat
or recreational vehicle
P
1)
P
P
Pool, pool house, hot
tub and their
equipment
P
1)
P
P
P
I-)
P
P
P
1 1)
Private open space
PC
PC
PC
PC
PC
PC
PC
PC
PC
PC
B13
Private recreation
)ace
PC
PC
PC
PC
PC
PC"
PC
PC
PC,
PC
B13
_a
Stables
PC
B16
Storage building
P
P
l'
Studio
PC
PC
PC
1310
Sports court
P
P
P
P
L_1_3P
I P
P
i 13
P
Section 2,111 Land use conditions.
This section sets forth the conditions associated with identified land uses ill Section 2.05.
Table 2-6. Use conditions.
A. Non-Residential Categories
(a) Auto body shops shall be separated frmn all adjacent uses by opaque
screening.
I Auto body shops G (b) Vehicles must be kept on the private property of the auto body shop.
(c) Vehicle storage is subJect to the outdoor storage conditions of this
ordinance and must be kept behind opaque screening.
Automobile aicility, Automobile facilities shall he separated from all adjacent uses by opaque
2, major Gc screening.
BUilding, heating, Building, heating, plumbing, general, service or clectrical Contractors with
plumbing, general, outdoor storage shall be separated from all adjacent uses by opaque
3 service or electrical GC screening.
contractors will)
outdoor storage
36
37
District
Clinics must be totally within an enclosed building, in an office or other
4
Clinics
Hl
non - production building and open only to employees of the industrial
facility for which the clinic is operated.
All, where
Exotic animals are subject to the restrictions under section 14 -8 of the
5
Exotic animals
permitted
code of ordinances.
(a) Containers may not be stacked on one another.
(b) Berms, hills, slabs in excess of one foot above natural grade or other
raised features may not be created upon which to place containers.
6
Containers
GC, MU
(c) There is no limit to the number of containers on a property.
(d) Containers shall be screened from all adjacent properties by opaque
screening.
(a) Containers in LI may be stacked up to three containers in height with
no limit in the number of containers on a property.
7
Containers
LI, HI
(b) Containers in HI may be stacked up to five containers in height with
no limit in the number of containers on a property.
(c) Containers shall be screened from all adjacent properties by opaque
screening.
Day cares must be totally within an enclosed building, in an office or other
8
Day cares
LI, HI
non - production building and open only to employees of the industrial
facility for which the day care is operated.
(a) Eating establishments shall not exceed 4,000 square feet in size of
9
Eating establishments,
NSC
seating and food preparation area including restrooms.
all
(b) Eating establishments shall be located on a collector street or higher
classification.
10
Eating establishments,
All, when
Full- service eating establishments shall provide opaque screening when
full service
except ACE
adjacent to single - family dwellings.
11
Eating establishments,
All, where
Limited service eating establishments shall provide opaque screening
limited service
permitted
when adjacent to single - family dwellings.
12
Eating establishments,
ACE
Drive - through restaurants are not allowed.
all
(a) Extended stay motels must include a conference center of at least
500 square feet, a business center, a swimming pool for the exclusive
use of guests, a fitness or recreational center and a heated and air
conditioned laundry room containing at least three washers and
13
Extended stay motels
GC, MU
three dryers for the exclusive use of guests.
(b) No services commonly associated with transitional housing or short
term residential studio units, including, but not limited to, the
provision of free meals, case management or counseling, may be
provided to motel clients on -site on a continual basis.
(a) Gas station minimart shall not exceed 4,000 square feet in size.
14
Gas station minimart
NSC
(b) Gas station minimart is allowed only if located on arterial streets and
or on a collector street at its intersection with an arterial street.
37
NV
%aa) Caars staation minimaart (limiled f'ocod preparation) shall not have aI
drive through for hood service in file ,
(Tawas station rninimart
ion rninimaart ('limited food preparation) rraust provide opaque
15
with limited Food
N SC, screening', adjacent to any residential dww'ellim,
preparation
(c) Gas stalion a inimara (limited food preparation) is allowed only if
located on arterial streets and c i on a collector street at its
Intersection with an aaw -ial street,
,
9 — e_...e....., � n �.
�... ... �. � _ _ _ ...... ... __......,
G as stations are allow,cd on arterial streets and may be located oil tr
16
Gas stations
y1SC,- collector str °ea at its iawl- scClion with an arterial :street.
Building .. ,a _ ... ... ....
t All, wwlict °e (a,1 13rriNdirai� and alaloairterPtaiaccs shall be located at Ia,Wast �?(1 feet f'ioraa ai
I
l�iWi gaaox� rctaaul
Permitted property lira
(b) Loading ciaoclws sh ill not t ice residential tr�r�s
......
18
..... . _ .. _ .._..
General retail
_ ...._._ m... ,�....A,�
N S A t`'L." (aw) General retail sllaPll not exceed 4,000 square felt in sin ill NSC.
.... �__ .�...��
.....��._._..�....a.. ..�..
(b) ) files
�.w rres shall not exceed 10,000 s� feet in f in size in ACE'—
.... _ _ e til stores _
(aa) Grocery stores shall not exceed 4,000 square feet in building size in
19
Circocery stores
ACE, N'iC l^JS C.
(b) Grocery stores shall not exceed 40,000 square feat; in buddinul size
ill AC F1:
_ . .... .. _ ... .....
(a) Group l4nsang„ 1aCSa Vg POaes and as sisied hwtlng facihttles must be
licensed by the state.
(b) Group housing, nursing.; homes and assisted livinSo f'aicilities shaall not
be located within ordplain or flcodw w
Group housing,
(c) Group housing, nursing homes and assisted hvino facilities shall
?C
rtrsris aornes and
All, where
annually prepare and iinplement an cvacuatrion plan for Gall residents
assisted livirw
ocrnoittccl
l in accordance with chapter 22, aarlicle 11, division 3 corthe code of
faacilit'ies
ordinances.
(d) Dircet vehicle access fib nursing home taacilities in the UN district
shall be provided from as collector for arterial street or maafor
tlroi "ocarwlViaar "e.
_
(a) These uses nrttlst seem "c a0. special rase per'n "ut In accordance wvutli
section 1.26 of'tltlrs Uf,DC.
(b) Group housing, boardinghouse, group home flor submitutc care,
dormitory, hallWasyF'house, homeless shchea-, orphanage, and personal
care home shall aammally prepare wind implement an evacuation plan
Gr4"atrl�a laoalsing
for° all residerns in accordance with chapter 22 of tloe code of
boalyd'ik w °house, group
ordinances.
borne for suhstatnte
(,c) No application for 'aa proposed group l" o usirV , use that requires a
21
care, dormitory,
All, where special use permit may be granted il'another gronlo Naotlsrltg use that
lrallwvay= house,
permitted requires as special use permit exists within cone - halt "raaile of the
homeless shelter,
proposed location,
orphanage, and
i. Such measurements shall be measured from property line to
personal care home
Property line.
ii. ha making tine determination 111a;at no group housings use requiring a
sloe6�11 use poerinit exists within curie hall`naile, the director may
consider inf'ormat'ion provided by the applicant, inf�ranmat'icon
contained in the records of the pity, and inf6rinaition obtained by
�aluysicaal fnw)ocetioia of the �orcmtlses
NV
(a) 'Fhe following nuininanutt square Footage per bedroom dull be
provided by (tie hcanae:
i, to home one ( l) handicapped person per bedroom, the d%velling
unit nrurst provide one hundred ( 100) square feet c:rf "spu;ace peer
bedrurcrun urtilize d for this purpose; oi-
1 to home two (2) handicapped persons per beudrercrna, the edvaelli ig
unit nauast provide one hundred tuventy ( 120) square feet or space
per beuh°crom utilized for this purpose.
22 Group housing, all All, where (b) Separate heudreatrrn faacilities Perin all residents shall he provided fear
permitted the care provider or providers tat live rat tire facility paaart- time, or
fiu1145c w+,Th the resicdertts.
(c) turthing in this cernedNiern shall be construed to restrict tile location or
operational abilities of facilities engaging in the sale ondcohn or
on or uaff1prrentises ccansunaupttdcrur based on the location ofgroup
homWg Icilhics,
(d) All i acihties .ltaadl meet aand ruaaaintairt ccrnapuliaalice with tile^ code of`
ordinances and requirements of thus L"l.. X and all applicable Iuealth
and ct.
23 Industrial arses ald where rcsc tast ad uses require te ksuanc a alit special r. s e p
arrtt in
permitted accordance with section 126 of AN z ... �
(aa) Kenncds pare newt alkraved arhhur 100 feet earmauty residential rise.
f ta) Kemcds arse: neat aallumvd within 3W) facet or as cdruurch, schur d, hasp pawl„
25 � Kennels GC, Ca U, Ld cat- place ofassernbly,
(c;) Kcruaacls tram not allowed evithin 300 feet front cohere f6od is salt or
cunsuruaecf.
(el) Kennels shall not house exotic aaninrals,
Live rutdaer evhibithns shall ccrun n to all licensng inspection and
fi' Live outdoor A14 where
exhibitions permitted
¢aerfasruaaaaracc standards ura r luaapttet ,f of the trade of ordinances.
7 Office Ill ��� Office arse, may only rile ancillary loan alto ._. mm... ._....._..�..._......A...
- -� y' v +ccd parsrur<ary rase.
CA Tice e SQ ACE C.:afficc shall not exceed 4,000 .sguuaare feet in sizc
�ancl gas wcs hldJ Ica uucuar eau�l cur �.�as baaells rue yrld.� Marc aalder a °c d.
u. ...�. w .. ..n. �.... � . � ...� ... �.w.. � �. �.... .. q.
(aa) Meet vehicle access shall be provided from a collector or duuglter
classification street.
30 Places orasserautady AH, mhere (da) Outdoor uses aasscacUed a+,nth places of assembly slraall be setback at
paennittecd least 3300 feet f'i'caan any resicderrtaaal property line. Ira ptlaacc of`
aassernbdl haws an crrutdcwr use, there shall be aapaaeWe screeuanrgg,along
flue ccarurrtacaar rrcr ee lirxa ea�itlr �arr�aa <�d�aecrat r_sjdarrtial uses,
.�
(,a) 11aces of,assernbly cannot be heated therein if its presence precludes
the sale of "aalcchohc beNerauges 11utr eara-parernises consumption
clses^ahere in tdre ACE district.
30A Men of assembly AC d � (b) Direct vehicle access silent be provided Own as cerldectcrr car arterdaal
street runless Me point of "access to be ofd - street parking awa sa:rvKg
be use as located within 1,500 feet of a collector or arterial street, as
measured aldaraMr fire ccuttcrlauac arf the lal<ace uaf drsa�crradad�
— ......_ ... ....... _.......,_...�. __.. __ .............. _.. _ ...._, _.... __...
Deereaticnarl velar "c'le Recreational vehicle parks shall be separated f`rom all ad,jaacent arses by
31 park N1 U, G opaque screening;.
�.. .diet stcrr'es —.w ...., All, aaduMre »aauydc�g nray he auruuit aarud ndutu on Mw at nu), not be used pet f'�ar overnight
c,cnt tn
paeruauattecd aauudruuaals.
_ _ _ _. —
3 l tuuua'raal laernue _ fu�atter<al Irurcrrd accordance p s the issue aracc� caf �a spaccuxaN uric
aerraurttc <f erru)it in ace... with UL DC.
ill wdueuc.:,.- rare scut a �a craraaaataruruurru rte urrrc — ......._.......
:39
(a) Resource eaatractitan shall he separated from all aardjacent asses by
34 Resk;pa ice extraction
"NII ' l °Nl
opaque Screening",
{ b.�... Trucks, uck s raaaast trs
.. r9f I tatttes
4 LSa£„9ldtda.a ta�.,..�_�..m.._.,�_.__._.._ — --- ---- — ------ -- ..— _.— _._� - --
....�
35 Slauglrterhnuse
ill
A slrau, hterhraarse shall be at dea:st I „O00 feet horn aany, residential progeny
loo.
_ __ LL I vehicles shall lac screened futon all adjacent
(as) StGar°ee larulacalres by
opaque scrcening.
Storage tf ntater
(s) Vehicles that are Waraeus or conain haaartcus naaerkds pursuant
3%
VMS
GIC
to alto �straraclaards o #lac state clepartaaaent ral taaartsdaaartaatiaaaa, the stanch
commission on a wironrnental cltlalitya, or any father regndaatury
as eaacy wad'the marc or federal ,,awver.innent are not allowed to be in
such ^4 ^NpMCNI rot(sraa °G,
Except as ettllenv se provided in the code of ordinances,
`I
WICCnnnrtrralcatrnn lowers art excess aaf 5(d feet in height and naaartnpole
cica.oaatCaaturloaaabttr'ea'a
37
All, wvhae
taawvers alt excess of 5 let apt height are N"arnitted rat all nou resrcfentaal
daaealrtre'S
lterraartteal
.� ,
zoning efastricts wvnh as slaecraai case permit in accordance wvath sectkin 1.26
1...._
aaf tltfs ltl,lyt. �,� .. .. .....�
.._.�. ,...___------ — ._.�.��,..� ...
.... ..... ........�.�
_
a - IcawwaN1.' '�a�rw'p4;;e Sladadd 1.. ..�..e. �,.�_.— —..�.
(a�) lastcall and maintain all opaque fcrace wvhen
38 l-ow h% service
Cwlt,J
aafKacent to reddenthl uSe. or ra.sfclentfal zoning,
(b) Towing service Owl crartirplyx %vith all We laws
"a'4'arehotme and Ireioat
(aa) aual'aarehouse and freight movement e'ment excludes large alaStrrdamhn center n,
40
1w4 U, C. C
(b) (, . 'a aareNaaaurse aa0ac{ de'w °a;Itt' snatr'earacatt excludes hazardous c "cargo and
raativernerat
_taaallgr:. _
a d�ccy�clrrac,caat eas oars any allowed rG°tlae cent indoor
(a) =a .� �� y er is an feaaWlGrty.
41 Recyfc.ling, ce.taters
Ll
(la) Outdoor staamye rs allowed only if Te rtenas being swrW we
scarfs a tcl crclwasccl rat icalrt aide's art ccartlbrrttatncc with It this U lye.
42 t.autafsmw storage
AIL wwadtere
Ontc otw storage dull lie separated from all acllaacertt alSts rind f "roan'« view
aern. hec
froa any public right-of-way by opaclue screening.
..
.. ..
—
(a) Medical c lr em mum be totally enclosed within aal building.
(b) No outdoor storage ad anedical equipment.
'
Medical Equipment
(c) fatan sage does not include incnteraatraan or other fionn',s of destruction but
3 stcaaKage and ms'catmh
IOU, C`Q l,.l
only stair tie.
faacilatres
(al) Gw4etlrcal a'eseaarClt faacaWs :wltalV he NucWccd warily on the sarrae leaf «'«ofd's aa.
hospital or c,n the saaraae caaonlaus as ra hospital and slti:rw n can an
approved muster plan,
.... . . .... ........ ...� ,....
.._._�_
— .. ... ..._ .. , ..... _— .......
(aa) New dwelling units are: aafhaww^cod in MU wwNaere the resident fact
provides an ashen Spaace Setbaack of '20 'feet from any, adiiaacenl,'existing,
ltena-re.sidenti al use.
(la) New residential subdivisions proposed in FAA shall ont be approved
«where flaws stela ivision is rezoned to an alalarop ite residential zoning
district.
(c,) Dwveddtrg units are aalV'eawwed in ACE following the m anadaards Set feaa h
rn this UL DC'.
'.
44 !)welling Unit
t_l, �C�I:a:,
l..(.''
(cd) lavemua cases may be IcacaWd in an AC d: district .
d. behind a business on its first floor as long as
tire exterior wall of the residential area is not along I cw,as
Avenue;
> the es;tedor wall aaf "the ccantmucaaad we and d the prhuaryr
entrance to the e:ornniercial rise is along Texas Aventle„ and
the commercial use occupies at least 25�'o of"the area o the.
first flcaun ant:l
11 above the Mot IIc'aaar ",here the residential tarn has dlcantaa ,a warty
41
Lond Use
Zoning Conditions
Mstrict
ii. above the first floor where the residential unit has frontage on
Texas Avenue.
(e) When a mixed -use building fronts on Texas Avenue in the ACE
district, a residential use is allowed only
L behind a business on its first floor as long as
➢ the exterior wall of the residential area is not along Texas
Avenue;
the exterior wall of the commercial use and the primary
entrance to the commercial use is along Texas Avenue; and
➢ the commercial use occupies at least 25% of the area of the
first floor; and
ii. above the first floor where the residential unit has frontage on
Texas Avenue.
(f) Dwelling units are allowed in LC in cases in which they are allowed
in the approved master plan.
Entertainment
All, where
Entertainment facilities, including bars and lounges, are subject to the
45
facilities, including
permitted
restrictions under chapter 6 of the code of ordinances.
bars and lounge
B. Residential Categories
(a) Accessory dwelling units may be permitted as an accessory use to an
otherwise allowed detached single - family dwelling in any zoning
district that allows single - family dwellings.
(b) The unit shall include a full kitchen.
(c) Only one accessory dwelling per lot is allowed.
(d) The total living area of the accessory dwelling unit shall not exceed
six hundred (600) square feet or twenty-five (25) percent of the
square footage of the living area of the private residential dwelling,
whichever is greater.
(e) The principal residential and accessory dwelling unit together shall
not exceed the maximum zoning district impervious cover.
(f) The accessory dwelling unit may be part of or attached to the
principal structure, and /or may be a separate structure.
(g) All principal structure yard requirements shall be met by the
l
Accessory dwelling
All, where
principal structure and the accessory dwelling unit.
units
permitted
(h) The accessory dwelling unit shall not exceed the maximum zoning
district height.
(i) Accessory dwelling units may not be used for commercial purposes.
(j) Accessory structures other than accessory dwelling units that exceed
25% of the gross floor area of the primary residence must abide by
the design standards in article three of this ULDC.
(k) Accessory dwelling units must have similar architecture to the
primary residence.
(1) Accessory dwelling units may be placed inside the primary residence
or may be a freestanding structure.
(m) The primary and secondary dwelling units must be serviced by the
same water /sewer meter.
(n) The accessory dwelling unit must have a separate address on file
with the city and the authorities /organizations responsible for
emergency response, mail delivery and electric service.
Except barns, the sum of all accessory structures on a tract of land must
2
Accessory structures
All, where
not exceed 75 percent of the gross square footage of the primary structure
permitted
on the same lot.
41
42
Land Ilse
Applicable
Zollill"
Distrid
I
Conditions
(a) Any agriculture function involving animals shall be at least 100 feet
SFE, SF 1,
from any adjacent residential property line.
3
Agriculture
SF2
(b) Any agents causing noxious odors shall not be located closer than
100 feet from any adjacent residential property line.
(a) Free standing buildings must be of the same architectural style as the
dwelling units they serve.
SF2 and all
(b) Free standing buildings must be connected by walkways to
5
Community building
MF districts
pedestrian areas and parking lots.
(c) Parking must be provided in the amount of one space for every 50
residential dwelling units in the complex or one space for every 50
lots in the subdivision.
(a) Community services shall be separated from all adjacent residential
6
Community services
All, where
permitted
dwellings by opaque screening.
(b) Minimum parking requirements are one per 200 square foot of usable
area.
On -site association
Club houses and management facilities must be of similar architecture to
management offices
All, where
the apartment complex or the neighborhood in which they are located,
and club houses for
permitted
dwelling units
(a) There is a maximum of six children, including children of the family
providing day care.
SFE, SF1,
(b) Only those family home day cares that are duly licensed by the state
8
Family home day care
SF2, MFI,
are allowed.
(c) Baytown fire department permitting and inspections are required.
MF2
(d) All requirements for a home occupation shall be followed.
(e) Annual renewal of family home day care permit required with an
inspection in advance of renewal.
(a) No group housing residents may occupy a single - family residence,
other than the property owner or family of the property owner until a
group housing acknowledgment form has been duly fled with the
director on a form prescribed by the director.
(b) The facility shall be responsible for providing food, shelter, personal
guidance, general care and supervision to all of its residents.
(c) There shall be no signs or other exterior visible evidence of the
group housing use and the exterior structure must retain its
compatibility with the surrounding residential dwellings.
(d) There shall be no visible storage of equipment, materials or vehicles
Group housing, group
that have more than two axles.
homes for the disabled
All, where
(e) No equipment shall be used that creates undue noise, vibration,
9
and personal care
permitted
electrical interference, smoke or particulate matter emission,
homes
excessive power demands or odors.
(f) The facility shall comply with the operational performance standards
of the code of ordinances.
(g) The residents of the home may not keep, either on the premises of
the home or on a public right -of -way adjacent to the home, motor
vehicles in numbers that exceed the numbers of bedrooms in the
home.
(h) The city reserves the right to inspect the location at any time to
ensure that the health, safety and general welfare of the residents is
being provided for by the facility.
(i) Nothing in this section shall be construed as attempting to regulate or
affect the right of handicapped individuals to purchase their own
42
43
Land (Ise
Applicable
Zollill., Conditions
dwellings or to affect the right of individuals to care for handicapped
family members.
(a) A home occupation shall not exceed 25% of the heated/air
conditioned space of the dwelling unit.
(b) The following home occupation standards are intended to permit
residents to engage in home occupations within zoning districts that
allow residential uses and that are compatible with residential land
uses and to ensure that home occupations do not adversely affect the
integrity of residential areas.
(c) These home occupation standards shall have no application in any
non - residential zoning district.
(d) A home occupation shall be considered an accessory use, subject to
the following standards:
i. A home occupation must be conducted within a dwelling which
All
is the bona fide residence of the principal practitioner;
10
Home occupation
residential
ii. There shall be no signs or other exterior visible evidence of a
districts
home occupation;
iii. There shall be no storage of equipment visible outside the
dwelling, or materials or vehicles that have more than two axles;
iv. The home occupation shall be conducted entirely within the
principal residential building; and
v. No equipment shall be used that creates noise, vibration,
electrical interference, smoke or particulate matter emission,
power demands or odors above the existing level.
(e) Home occupations shall comply with the operational performance
standards of this ULDC.
(f) Home occupation applicants shall complete an annual registration
form and pay the one -time and annual fees as defined in chapter 2 of
the code of ordinances.
(a) If a multifamily complex is constructed in phases, the planned
amenities and community buildings must be constructed in an at
least equal ratio along with the residential buildings. For example, a
200 unit apartment complex with two swimming pools and two
laundry buildings that is constructed in two 100 unit phases must
construct at least one swimming pool and one laundry building with
11
Multifamily dwellings
MF1, MF2,
the first phase.
MF3
(b) Developments in the MF1 may not use special flood hazard areas in
density calculation, thus preventing the development from being
overcrowded on usable land and thereby being incompatible with the
medium density duplex and townhouse development standards.
(c) Gazebos, workshops, green houses and other similar accessory uses
are allowed in common space but may not be constructed on leased
space or designated for individual tenant use.
(a) Multifamily dwellings shall not exceed 30 units per acre.
(b) Multifamily dwelling units are not allowed on the ground floor of
11A
Multifamily dwellings
ACE
buildings along Texas Avenue unless the units are located on the
second floor or higher.
43
44
L.ind Use
Applicoble
Zollill- Conditions
ffistrict
(a) Direct vehicle access shall be provided from an arterial street.
(b) Outdoor recreation, entertainment and performing arts uses
12
Places of assembly
All, where associated with places of assembly that utilize outdoor lighting and
permitted speaker systems shall be setback at least 300 feet from any
residential use and shall provide a 25 -foot wide vegetative buffer
against the property line containing the residential use.
(a) Private open space is not a public park and may not be used to
increase the net density on the project.
All
(b) Private open space shall be a minimum of 100 square feet in size.
13
Private open space
residential
(c) Private open space must be accessible to pedestrian pathways, if
districts
available.
(d) Private open space must be deed restricted to private recreation prior
to any building permits being issued for any dwelling unit.
(a) Each single - family attached dwelling unit shall be situated on a
separate legally platted lot.
(b) Required parking areas and garages shall be located to the rear of the
building.
(c) Parking shall be permitted in the required street side yard.
(d) A home owner's association shall be established and made
responsible for the perpetual maintenance and repair of common
areas.
14
Single - family dwelling
SF2, MFI,
(e) The maximum number of units per building is 8.
attached
MF2
(f) The minimum number units per building is 3.
(g) Each dwelling unit shall have a front and a back door on the ground
floor that exits to the exterior.
(h) Each unit shall have 25% of the lot area in private open space on the
lot with the unit.
(i) Shared open space: each townhouse development shall have
common open space not on the lot with the unit, accessible to all
residents and not used for parking, storage, lift stations and the like.
Density in the MF2 District shall not exceed 21 units per acre.
All, where
Solar energy systems are allowed, so long as they do not reflect light into
15
Solar energy systems
permitted
the public right of way or adjacent properties.
16
Stable
SFE
A stable may not be used for commercial purposes.
(a) Density may not exceed 10 units per acre.
17
Single- family detached
MF1
(b) Limited to developments of at least 10 units.
18
Two - family dwelling
S172
Minimum density allowed shall be 6 units per acre.
duplex
19
Two - family dwelling
MF2
Density shall not exceed 17 units per acre.
duplex
20
Garage sales
All, where
Subject to the restrictions of chapter 82, article IV of the code of
permitted
ordinances.
(a) Required parking areas and garages shall be located to the rear of the
building.
(b) The maximum number of units per building is 15.
Single - family dwelling
(c) The minimum number of units per building is three.
21
attached
ACE
(d) Common open space is required for each townhouse development
and such common open space shall not be on the lot with the unit,
shall be accessible to all residents, shall be within the boundary of
the townhome subdivision plat, and shall not be used for parking,
storage, lift stations or other similar uses.
44
Article Three. Design and Compatibility Standards
Division 1. Property Development Standards
Table 3 -1. Property development standards.
Minimum Lot Size (square feet)
5,000
10,000
10,000
10,000
2,500
20,000
5 AC
Minimum Front Setback
15
is
25
0
0
35
50
Minimum Rear Setback
5
5
5
0
0
20
40
Minimum Interior Side Setback
5
5
5
0
0
5
10
Minimum Street Side Setback
10
15
25
10
0
25
50
Maximum Height (in feet)
40
35
60
60
60
50
60n5
Percent Maximum Lot Coverage
90
90
75
75
100
90
90
Minimum Lot Frontage Required (linear
feet
Minimum Lot Size (square feet)
50
43,560
60
See Th. 2 -1
60
See Th. 2 -1
Variable
See Th. 2 -1
25
See Th. 2 -1
60
1.25 AC
60
5,400 5,400
Minimum Front Setback
25
15
15
20
25
25
15 15
Minimum Rear Setback
10
10
10
10
10
10
10 10
Minimum Interior Side Setback
15
5
5
7.5
15
15
5 5
Minimum Street Side Setback
25
15
15
20
25
25
10 10
Maximum Height (in feet)
50
35
35
35
50
60
35 40
Percent Maximum Lot Coverage
50
60
60
50
70
80
60 70
Minimum Lot Frontage Required (linear
feet
125
75
1 50
25
20
60
50 50
• Flag lots are permitted in this district that do not meet the minimum lot frontage required subject to the provisions of Section 3.01, subsection (e).
Sec. 3.01 Lots.
(a) Previously platted lots. No requirement of this section shall prevent the
development of a legally platted lot approved by the planning and zoning
commission prior to {Effective Date), so long as the development meets all other
applicable provisions of this ULDC.
(b) Area. Each lot shall have a minimum area as set forth in table 3 -1.
(c) Required frontage.
(1) Each lot shall have frontage on a dedicated public right -of -way on which a
street is accepted and built to the city's engineering standards or on a
45
private, platted street that is built to the city's engineering standards as set
forth in table 3 -1.
(2) Each lot shall have a minimum width no less than the lot's minimum
frontage width as set forth in table 3 -1.
(3) Radial lots shall have at least 20 feet of frontage.
(d) Layout. Where lot lines intersect the right -of -way, the lot lines shall be at a
ninety - degree angle with the right -of -way.
(e) Flag lots.
(1) A flag lot consists of a narrow strip of land called a staff that provides
access from the public street to a principal portion of a lot. The staff of
the flag lot must meet the minimum dimension requirements of subsection
(4) below. The principal portion of the lot must meet the minimum
property development standards set forth in table 3 -1.
(2) Flag lots shall only be used to provide for vehicular access to the principal
portion of a lot through a staff and shall not be allowed if access to a
public street in accordance with the minimum property development
standards set forth in table 3 -1 is available.
(3) The staff portion of the lot shall only be used for vehicular access
purposes.
a. The staff portion of the lot shall be deed restricted so that it shall
only be used for ingress and egress.
b. The restriction must preclude construction of any building,
structure, wall or fence within those portions.
C. The restriction must clearly indicate any portion of the staff that is
to be used as a joint or shared access.
(4) Dimensions.
a. If a flag lot that is zoned for single or two - family residential use
derives access solely from its own staff, the minimum width of the
staff shall be 20 feet.
b. If a flag lot that is zoned for any non - residential or multifamily use
derives access solely from its own staff, the minimum width of the
staff shall be 24 feet.
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C. If a flag lot derives its access in common with another lot, the
combined common access shall have a 111ininIL1111 width ol'20 feet.
Sec. 3-02 Setbacks.
(a) DoLible frontage lots shall have setbacks that are at least equal to the reqUircd
front or side yard setbacks of adjacent lots.
Stre t �
S4z cc t
Figure 3 -1. Double Fronic(ge Lots
FRONT SUBACK
FRONT SETBACK
(b) Parking stalls and drive aisles shall be allowed within all setbacks. Drive aisles
with ingress/egress access to a collector or arterial street shall not be located
parallel to a street so that turning movements OCCUr within 20 fect of the property
line. There shall be no parking stalls located along the entrance driveway/apron
to the drive aisle, which may interfere with stacking of vehicles upon entrance to
the property.
I I
, "igure 3-2. Parlihig stalls and drive aisles.
E'xamples (#'Allmvable Coqfkgtiraflons
47
Exaniples qf'Coqfiguralions that are Not A11mved
'rhe COHOWing features may be located within required setbacks so long as they
are in conformance with the visibility triangle standards in section 122-3 of tile
code of ordinances:
(1) Trees, shrubbery or othcr features of natural growth;
(2) Fences or walls may be placed in the front, side or rear yard setbacks
provided that they do not violate sight triangles and provided that fences III
tile front yard setback are non-opaque;
(3) Off-street parking areas and sidewalks-,
(4) Signs, if permitted by chapter I 18 of the code of ordinances;
(5) Bay windows, architectural design embellishments and cantilevered floor
areas of buildings that do not pro.jcet more than two feet into the required
setback;
(6) Eaves that do not projcct more than 2 feet into the required setback;
(7) Open outside stairways, entrance hoods, terraces, canopies, carports and
balconies that do not project more than five feet into a required front or
rear setback or more than two feet into a required side setback;
(8) Chinineys, flues and ventilating ducts that do not project more than two
(bot into a required setback and when placed so as not to obstruct light and
ventilation;
(9) Open, unenclosed porches that do not project more than five feet into a
required front or rear setback or ni(.)rc than two feet into a required side:
setback;
(10) Utility lines, wires and associated structures, such as power poles; and
48
(11) Mechanical equipment, such as air conditioning units, pool filtering and
heating equipment, water softeners and similar equipment, if the
equipment does not restrict pedestrian access through such setbacks and if
it is totally screened from view from abutting property and rights -of -way
by fences, walls or landscaping.
Sec. 3.03 Height.
(a) Buildings. Each zoning district shall have a maximum building height as
specified in table 3 -1.
(1) Building height shall be measured as the vertical distance between the
average finished grade at the base of the building and the mean height of
the roof. The mean height of the roof is determined by averaging the
highest and lowest points of the roof.
(2) For fences or walls, height shall be measured on the side with the least
vertical exposure above the finished grade to the top of the fence or wall.
(3) Buildings in the Heavy Industrial (HI) Zoning District have a maximum
height of 60 feet unless the entire building is equipped with a National
Fire Protection Association ( "NFPA ") 13 fire sprinkler system, then the
maximum height shall be 75 feet.
(b) Exemptions. The following structures and features shall be exempt from the
height requirements of this ULDC to the extent indicated:
(1) Chimneys;
(2) Cupolas, widow walks;
(3) Utility poles and support structures;
(4) Cooling towers and ventilators;
(5) Municipal or other state or county government utility infrastructure; and
(6) Spires and church steeples.
Sec. 3.04 Lot Coverage
Each lot or tract shall conform to the maximum lot coverage standard set forth in table 3-
1.
49
Division 2. Operational Performance Standards
Sec. 3.05 Purpose.
The operational performance standards of this division are intended to protect the health,
safety and welfare of the citizens of the city by regulating potential nuisance features
associated with certain land uses.
Sec. 3.06 Applicability.
The operational performance standards of this division shall apply to all uses, buildings
and structures within the city unless otherwise specifically indicated.
Sec. 3.07 Exemptions.
The following are exempt from the operational performance standards of this division:
(a) Temporary construction, excavation and grading associated with development for
which applicable permits have been issued and with the installation of streets or
utilities; and
(b) Demolition activities that are necessary and incidental to permitted development on
the same lot, on another of several lots being developed at the same time or in the
public right -of -way or easement.
Sec. 3.08 Standards.
Under this division, the following standards shall apply:
(a) Noise. Sites shall be laid out and uses shall be operated to prevent noise from
becoming a nuisance to adjacent single - family and duplex uses and NC -zoned
sites;
(b) Vibration. All uses shall be operated so that ground vibration is not perceptible
outside the lot lines of the site on which the use is located;
(c) Fire and explosive hazards. Underground storage tanks for flammable liquids and
gasses shall be located at least 50 feet from the lot line of lots zoned NC or that
contain a single - family or duplex use; aboveground tanks shall be set back at least
100 feet from such lot lines, unless the board of adjustment determines, based on
information provided by the applicant, that a 50 -foot setback will ensure
compliance with all applicable state standards. The storage tank setback
requirements of this subsection shall not apply to tanks that are necessary to
single - family or duplex units; and
(d) Light and glare. The following operational performance standards shall apply:
(1) All exterior lighting shall be hooded or otherwise shielded so that the light
source is not directly visible from property that is zoned NC or that
contains a single- family or duplex use;
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(2) All lighting shall be shielded so that substantially all emitted light falls
within the property line of the property from which the light emanates;
(3) All exterior building floodlights shall be shielded so that all emitted light
falls upon the property from which the light emanates;
(4) No illumination shall produce direct, incident or reflected light that
interferes with the safe movement of motor vehicles on public streets. The
types of lighting that shall be prohibited by this subsection shall include
but not be limited to any light that may be confused with or construed as a
traffic control device and any animated, flashing or changing intensity
lights, except for temporary holiday displays; and
(5) Electromagnetic interference. No operations or activities shall be
conducted that cause electrical disturbances to be transmitted across lot
lines.
Sec. 3.09 Compliance.
Any use existing on (Effective Date), that does not comply with one or more of the
operational performance standards of this section shall not be deemed a nonconforming
use for the purposes of this ULDC.
Division 3. Non - Residential Zones
Sec. 3.10 Applicability.
Any parcel zoned one or more of the Non - Residential Zoning Categories shall comply
with the masonry, architectural and site design standards listed in this section.
(a) Masonry.
(1) All buildings other than accessory use buildings shall have all exterior
walls constructed using masonry materials in accordance with the
minimum masonry materials coverage percentage shown in table 3 -2,
exclusive of doors and windows, according to the zoning district in which
the building is located and street on which the building faces.
(2) Rear facades facing a public street or parking lot shall be considered a side
fagade and shall be subject to the side fagade standard applicable to that
zoning district and street classification as shown in table 3 -2.
a
Table 3 -2. Non - residential minimum masonry requirement.
(3) Reduction in masonry requirement. A reduction in required masonry,
including any percentage from the "% minimum required" value to the
"reduced % minimum requirement" value shown in table 3 -2 shall be
permitted if the following is provided:
a. Two trees and four shrubs per each forty linear feet of facade shall
be planted forward of the front building line no more than 20 feet
away from the fagade in accordance with the landscaping
installation and maintenance standards in chapter 18, article X1V
of the code of ordinances, and;
b. The front fagade shall be constructed of at least fifty percent
exterior glazing; or
C. Other materials or a combination of severe weather rated brick,
stone and other materials may be granted by the director based on
and considered for:
1. Architecturally significant and creative design; or
2. Architectural styles such as, but not limited to, Queen
Anne, Victorian, English Tudor, Italian Villa, or Log
designs; or
3. Compatibility with developed properties within the same
neighborhood.
52
Front
Side
Rear
Front
Side
Rear
GC
- 80-40
50-25
0*
60-30
20-10
0*
NSC
- 80-40
50-20
0*
60-30
40-20
0*
MU
No Masonry Standard
LI
0 -50K
75-70
75-35
0*
60-30
60-30
0*
50K -100K
60-50
60-30
0*
40-20
40-20
0*
100K and up
25-20
25-15
0*
20-10
20-10
0*
HI
No Masonry Standard
Note: Rear facades facing a public street or parking lot shall be considered a side fagade and use the side fapade standard
applicable to that zoning district and street classification.
(3) Reduction in masonry requirement. A reduction in required masonry,
including any percentage from the "% minimum required" value to the
"reduced % minimum requirement" value shown in table 3 -2 shall be
permitted if the following is provided:
a. Two trees and four shrubs per each forty linear feet of facade shall
be planted forward of the front building line no more than 20 feet
away from the fagade in accordance with the landscaping
installation and maintenance standards in chapter 18, article X1V
of the code of ordinances, and;
b. The front fagade shall be constructed of at least fifty percent
exterior glazing; or
C. Other materials or a combination of severe weather rated brick,
stone and other materials may be granted by the director based on
and considered for:
1. Architecturally significant and creative design; or
2. Architectural styles such as, but not limited to, Queen
Anne, Victorian, English Tudor, Italian Villa, or Log
designs; or
3. Compatibility with developed properties within the same
neighborhood.
52
d. A masonry modification request that has been denied by the
director may be submitted to the planning and zoning commission
for reconsideration. A masonry modification request that has been
denied by the planning and zoning commission may be submitted
to the city council for reconsideration. The council's decision on
the reconsideration is final.
e. Requests going before the planning and zoning commission or city
council for masonry modification will be processed according to
the procedures in this ULDC.
b) Architectural. The following standards apply only to building facades that face a
street and to each whole story that is completely or partially within forty feet in
height as measured from the finished floor elevation:
(1) Articulation and Relief.
a. Buildings over forty feet in length shall utilize pilasters, columns,
niches, or other variations in building plane in order to add
building relief of at least twelve inches.
b. Buildings over 25 feet in height shall utilize ledges, brick or stone
courses, or other variations in building plane in order to delineate
each story.
(2) Style Elements. Style elements affect the building(s) entrance treatment
and hierarchy, provide for architectural embellishment, or enhance the
transition from public property to private property.
a. Buildings facing a collector or arterial street shall be required to
utilize two different style elements.
b. Acceptable style elements include: recessed entries, stoops,
storefront bay windows, public /private entrance differentiation,
permanent decorative awnings, canopies, overhangs, porches,
arcades, balconies, outdoor patios, public art displays, and plaza
space.
c) Site Design.
(1) Sidewalks in conformance with chapter 122 of the code of ordinances
shall be installed from property line to property line at the expense of the
property owner in all adjacent rights -of -way prior to the issuance of a
certificate of occupancy or completion for a new commercial building.
(2) A connection from the primary building entrance to the public sidewalk
system shall be provided using an all- weather surface.
53
i. Detention facilities shall be setback at least thirty feet from all public
rights -of -way and shall be screened from view from public streets.
Detention facilities may encroach into the required 30 foot setback if they
are designed and maintained as a landscaped feature. Detention facilities
must be separated from all adjacent uses by an opaque screen.
d) Landscape. The standards for landscaping are set forth in chapter 18 of the code
of ordinances.
Division 4. Residential Zones
Sec. 3.11 Applicability, lots under 43,560 square feet.
Any building on a lot smaller than 43,560 square feet, with the exception of
manufactured housing, or a building containing two or more dwelling units shall comply
with the masonry, architectural and site design standards listed in this section.
(a) Masonry.
Buildings in subdivisions platted after {Effective Date), shall have all exterior
walls constructed using masonry materials covering at least sixty percent of said
walls, exclusive of doors and windows.
(1) A combination of at least three materials shall be used, two of which shall
be masonry.
(2) Materials shall be used consistently on the same building plane. The
minimum offset to establish a new building plane is 6 inches.
(b) Architectural.
New residential dwellings shall be constructed using at least two of the following
design features to provide visual relief along the front of the residence as depicted
in figure 3 -3: 1) Dormers; 2) Gables; 3) Recessed Entries with a 3 -foot minimum;
4) Covered Front Porches; 5) Cupolas; 6) Pillars or Posts; 7) Bay Windows with a
24 -inch minimum projection; or 8) other equivalent design feature approved by
the director.
54
Cupola
opN IA
Figure 3-3'. SlYle Flcmenl-v
rti 71,
40 1
I Front facing willdows shall be provided %vilh trini or shall be recessed, The
winclows shall not be flush with exterior wall trcattilent and shall be
provided With tiara arclaitcctaaral SLIA-1•01.111d, alt tile J,1111b,
(2) Rook shall have as minimum pitch of 12:4, Mansard roof's shall be
allowed.
(c) Site Design,
(1) sidc valks ill Coll II'vinaricc with chapter 122 ol' the code of' ordillMices
shall be installed 1rom property line to properly line at [lie expense ot'the
property owner in all adlneni rights-of'-way prior to (lie issuance of' a
certificate oCoccupancy For a new residential building.
G—) I..'ritrances to attached garages shall have as 25 IM setback 1'rom (lie 1"ront
proj,)erly liras and shall not exceed 35 fcet in width or occupy more than
forty percent ot'ilic total bUilding frontage, whichever is greater, The 25-
Coot setback does not apply to attached side entry gaiuges.
55
Firm 3-4. Garage Setback Options
(3) Mechanical equipment shall not be located in the front yard. Mechanical
equipment may be allowed in the street side yard setback if screened from
view of the public right-ol-way.
See. 3.12 Applicability, buildings with multiple units.
Any residential building designed for Multiple units, including duplex or two - family
either for rental or condo ownership shall comply with the masonry, architectural and site
design standards listed in this section.
(a) Allasomy,
(1) Sixty percent of the total exterior wall area of the first floor of each building
elevation shall be constructed of masonry materials, CXCILiding doors and
windows,
(2) Thirty percent of the total exterior wall area of the each floor above the first
floor of each building elevation shall be constmcted of masonry inaterials,
excluding doors and windows.
(b) At c itecfinwl.
(1) Buil(ling Ar-ticulation.
a. Building frontages greater than seventy-live feet in length shall
have recessed places, prQjections, windows, arcades or other
distinctive features to interrupt the length of the building fad adc,
b. Front and street sides of'buildings visible from the public right-of-
way shall include changes in relief such as columns, cornices,
56
bases, fenestration, and fluted masonry, for Ott least 15% of all
exterior wall at-ca.
(2) Stah-ivells. Open, unenclosed stairwells shall not be allowed along any
facade facing a public street or private street system.
(3) False cow- m- uOndmv openin,�,� Y. Use of false door or window opening
shall be defined by frames, sills and lintels.
(c) Site Design.
(1) Parking areas designed to serve multi-unit dwellings shall not be located
between residential buildings and the street or drive isle system,
(2) Sidewalks in conformance with chapter 122 of the code of ordinances
shall be installed ftorn property line to property line at the expense o17 tile
property owner in all adjacent rights-of -way prior to the issuance of a
certificate of occupancy l'or a new multi -unit dwelling.
(3) Builcling Orietilation.,
a. Building(s) located oil parcels that are adjacent to SFE, SH SF2,
or MFI zones shall have a maximum height of forty foot or shall
be constructed in conformance with the requirements of the thirty-
five degree angle residential proximity slope as depicted in Figure
3-5,
NFVi
Figzu-e 3-5. Building Orientation
V46U., FAMILY Ork
PFI ZV&D PRUTRTV
b. Building(s) located on parcels that are adjacent to SFE, SFI SF2,
or MFI zones shall have a fifteen-root building setback and shall
57
provide opaque screening. Parking, dumpsters, and mechanical
equipment shall not be allowed within the setback.
C. Buildings shall front on public streets and/or private street systems.
(4) Developments shall provide a private driving aisle system consisting of
limited access driveways. At least one side of the private driving aisle
system shall include sidewalks at least five foot wide and a planting strip
between the driveway and sidewalk at least five foot wide that includes
street trees thirty foot on center. The private street system shall provide
vehicular and pedestrian access to all parking areas and on site amenities
and must connect to the public sidewalk system in the public right -of -way.
(5) Recreation Space:
a. Each development shall provide at least one hundred square feet of
outdoor recreation space per dwelling unit that is intended to serve
the entire development. Open space in the required setbacks can
not be counted.
b. Outdoor recreation space shall be turf area at least 3,000 square
foot in size with maximum slopes of three percent.
C. One perimeter shade tree is required for each 1,000 square foot of
outdoor recreation space.
Sec. 3.13 Applicability, manufactured housing.
Manufactured housing units shall comply with following standards:
(a) Roof. A roof must be predominantly double pitched and have a minimum
vertical rise of 2.2 inches for every 12 inches of horizontal run. The roof must
be covered with material that is commonly used on site -built single- family
dwellings within the city, including but not limited to wood, asphalt
composition shingles or fiberglass, and excluding corrugated aluminum,
corrugated fiberglass or corrugated metal. The roof shall have a minimum eave
projection and roof overhang of eight inches.
(b) Siding. Exterior siding shall be of a material commonly used on site -built
single- family dwellings within the city, which material does not have a high -
gloss finish and which may include wood, composition, simulated wood,
clapboards, conventional vinyl or metal siding, brick, stucco or similar
materials, but excluding smooth, ribbed or corrugated metal or plastic panels.
Siding material shall extend below the top of the exterior of the foundation or
curtain wall, or the joint between siding and enclosure wall shall be flashed in
accordance with building codes.
58
(c) Transport Equipment. All manufactured homes must remove running gear,
tongues, axles and wheels at the time of installation of the home on the parcel.
(d) Finished Floor Elevation. The finished floor elevation of the residential design
manufactured housing unit shall be a maximum of 24 inches above the exterior
finished grade of the lot on which it is located, as measured at the main entrance
into the dwelling.
(e) Attached Additions. Any attached addition to a residential design manufactured
housing unit, including garages, shall comply with building code requirements.
All of the design standards of this division shall apply to all additions.
Division 5. District Compatibility Standards
Sec. 3.14 Compatibility standards.
The following additional standards are applicable to property that is located at the
boundary of two or more zoning districts. The following standards are also applicable to
the portion of the LI or HI boundary that is within 300 feet of the referenced zoning
district. The more intense new non - residential or multifamily use shall implement the
applicable compatibility standards before a certificate of occupancy or completion will be
issued.
(a) Medium density mixed residential (MFI). New development that is zoned MF1
and located adjacent to a property zoned NC, UN, SFE, SFI, or SF2 shall meet all
requirements of the property development standards table in article three, division
1 of the ULDC and install a 6 foot tall opaque screen between any property zoned
NC, UN, SFE, SFI or SF2.
(b) Mid -rise density mixed residential dwellings (MF2). New development that is
zoned MF2 and located adjacent to a property zoned NC, UN, SFE, SFI, S172 or
MF 1 shall meet all requirements of the property development standards table in
article three, division 1 of the ULDC, install a 6 foot tall opaque screen, and
provide a minimum of a 20 -foot open space between any property zoned NC, UN,
SFE, SFI, SF2 or MF1. Any building over 40 feet in height also shall comply
with the residential proximity slope in section 3.12(c)(3) of the ULDC.
(c) High density residential dwelling units (MF3). New development that is zoned
MF3 and located adjacent to a property zoned NC, UN, SFE, SFI, S172, MF1, or
MF2 shall meet all requirements of the property development standards table in
article three, division 1 of the ULDC, install a 6 foot tall opaque screen, and
provide a minimum of a 20 -foot open space between any property zoned NC, UN,
SFE, SFI, SF2, MR, or MF2. Any building over 40 feet in height also shall
comply with the residential proximity slope in section 3.12(c)(3) of the ULDC.
59
(d) Neighborhood Serving Commercial (NSC). New development that is zoned NSC
and located adjacent to a property zoned NC, UN, SFE, SFI, SF2, MF1 or MF2
shall meet all the requirements of the property development standards table in
article three, division 1 of the ULDC and install a 6 foot tall opaque screen
between any property zoned NC, UN, SFE, SF 1, SF2, MF1 or MF2.
(e) General Commercial (GC). New development that is zoned GC and located
adjacent to a property zoned NC, UN, SFE, SFI, SF2, or MFl shall meet all the
requirements of the property development standards table in article three division
I of the ULDC, install a 6 foot tall opaque screen and provide a minimum of a 20-
foot open space between any property NC, UN, SFE, SFI, SF2, or MR. Any
building over 40 feet in height also shall comply with the residential proximity
slope in section 3.12(c)(3) of the ULDC.
New development that is zoned GC and located adjacent to a property zoned MF2
or MF3 shall meet all the requirements of the property development standards
table in article three, division 1 of the ULDC and install a 6 foot tall opaque
screen between any property zoned MF2 or MF3. Any building over 40 feet in
height also shall comply with the residential proximity slope in section 3.12(c)(3)
of the ULDC.
(f) Mixed Use (MU). New development that is zoned MU and located adjacent to a
property zoned NC, UN, SFE, SF 1, SF2, MF1, MF2, MF3 or NSC shall meet all
the requirements of the property development Standards table in article three,
division 1 of the ULDC, install a 6 foot tall opaque screen and provide a
minimum of a 20 -foot open space between any property zoned NC, UN, SFE,
SFI, SF2, MF1, MF2, MF3 or NSC. Any building over 40 feet in height also
shall comply with the residential proximity slope in section 3.12(c)(3) of the
ULDC.
(g) Light Industrial (LI). New development that is zoned LI and located adjacent to a
property zoned NC, UN, SFE, SFI, SF2, MU, ACE, LC, MF1, MF2, MF3, NSC
or GC shall meet all the requirements of the property development standards table
in article three, division 1 of the ULDC, provide a minimum 200 -foot building
setback between any property zoned NC, UN, SFE, SFI, SF2, MU, ACE, LC,
MF1, MF2, MF3, NSC or GC. Within the setback a 50 foot open space, a 50
foot vegetative buffer and a 6 foot tall opaque screen shall be installed between
any property zoned NC, UN, SFE, SFI, SF2, MF1, MF2, MF3, NSC or GC. Any
building over 40 feet in height also shall comply with the residential proximity
slope in section 3.12(c)(3) of the ULDC.
(h) Heavy Industrial (HI). New development that is zoned HI and located adjacent to
a property zoned NSC and GC shall meet all the requirements of the property
development standards table in article three, division 1 of the ULDC, and provide
a minimum 300 -foot building setback between any property zoned NSC or GC.
Within the setback a 100 -foot vegetative buffer and a 6 foot tall opaque screen
shall be installed between any property zoned NSC or GC. Any building over 40
60
feet in height also shall comply with the residential proximity slope in section
3.12(c)(3) of the ULDC.
New development that is zoned HI and located adjacent to a property zoned LI
shall meet all the requirements of the property development standards table in
article three, division 1 of the ULDC, provide a minimum 200 -foot building
setback between any property zoned LI. Within the setback a 50 foot open space,
a 50 foot vegetative buffer and a 6 foot tall opaque screen shall be installed
between any property zoned Ll. Any building over 40 feet in height also shall
comply with the residential proximity slope in section 3.12 (c)(3) of the ULDC.
HI zoned property is not permitted to be located adjacent to NC, UN, SFE, SF I,
SF2, MU, ACE, LC, MF1, MF2 or MF3 zoned properties.
Article Four. Definitions
The following words, terms and phrases, when used in this ULDC, shall have the meanings
ascribed to them in this article, except where the context clearly indicates a different meaning
Abandonment means a use or structure that is determined to be abandoned by the nonconformities
section of this ULDC.
Abattoir means a building used for the slaughtering of animals and includes the processing and storage
of animal products and waste that results from the slaughtering process.
Accessory dwelling unit means a secondary dwelling unit established in conjunction with a primary
dwelling unit, clearly subordinate to that primary unit. Accessory dwelling units are commonly referred
to as granny flats. Accessory dwelling units are not intended for sale or to be rented.
Accessory use means a use incidental and subordinate to the principal use, located on the same lot as the
principal use and in the same zoning district.
Agriculture refers to land that is actively used in the production of food or fiber. Farming may include
plowing, tillage, cropping, installing best management practices, seeding, cultivating, harvesting and
storing food or fiber produced on site. Farming excludes commercial logging and timber harvesting.
Storage, packaging and treatment of such food and fiber shall be an accessory use to the production of
such food or fiber. This use does not include feedlots.
Animal hospital means a building in which animals and pets are given medical treatment and are cared
for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and such
boarding shall be incidental to the hospital use.
Approved means as approved by the city of Baytown authority having jurisdiction.
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Arterial street means a high volume, medium speed (up to 45 mph) medium capacity street usually
shown on the major thoroughfare plan map
Assisted living facility means a facility regulated by V.T.C.A. Health and Safety Code, ch. 247 that
provides room, board, and personal care services to its residents within a structure containing multiple
living quarters for seven or more elderly or disabled persons who are unrelated to the owner of the
establishment by blood or marriage. Assisted living facilities for six (6) or fewer disabled persons are
considered and regulated as group homes for disabled persons.
Appurtenances means the visible, functional, or ornamental objects accessory to and part of a building.
Automobile repair, major means repairs of a nature that usually cannot be done quickly and which will
encompass more highly skilled work. Such repairs include removal of the engine head or pan, engine
transmission or differential. Often this work is necessary because of a major component failure or an
accident. These types of repairs cannot be done while the customer waits, and will often take more than
one day to complete. Such repairs include, but are not limited to:
• Accident repairs;
• Automotive machine shops;
• Framework and frame straightening;
• Grinding valves, cleaning carbon or removing the head of engines or crankcases;
• Major engine repair, replacement, rebuilding or reconditioning;
• Paint and body work;
• Radiator re- coring and rebuilding;
• Replacement of body parts and fenders;
• Sandblasting as an accessory use only;
• Tire recapping;
• Transmission and differential repair, replacement, or rebuilding; and
• Welding.
Automobile repair, minor means repairs of a nature that can usually be done quickly with minimum
noise, odor or other negative impacts. This includes preventative maintenance or replacement of easily
accessible parts that routinely wear out. This does not include removal of the engine head or pan, engine
transmission or differential. These types of repairs can be often done while the customer waits, and
usually will not take more than one day to complete. Such repairs include but are not limited to:
• Air conditioning maintenance and refrigerant replacement;
• Audio installation and repairs;
• Brake pads, shoes, rotors and drums replacement;
• Chassis lubrication;
• Electrical components repair and replacement;
• Fuel injection systems and carburetor replacement;
• Fuel pumps and fuel lines;
• Ignition systems, sparkplugs, and batteries;
• Motor oil, engine cooling and lubrication, brake fluid, transmission and other fluid
replacement;
• Mufflers, tailpipes, water hoses, fan belts, headlights and light bulbs, floor mats, seat
covers, wipers and wiper blades, and replacement of grease retainers and wheel bearings;
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• Rustproofing;
• Sale of gasoline;
• Sandblasting as an accessory use only
• Shock absorbers or other suspension systems replacement;
• Tire replacement, repair and servicing, but no recapping;
• Tuning engines, with the exception of grinding valves, cleaning carbon or removing the
head of engines or crankcases;
• Washing, polishing and detailing;
• Wheel balancing and alignment;
• Windshield, window replacement; and
• Wiring repairs.
Barn means an accessory building used exclusively for the non - commercial storage of animal feed
and/or the sheltering of livestock or farm equipment.
Bars and lounges means establishments that are devoted to the serving of alcoholic beverages for
consumption by guests on the premises and in which the serving of food is only incidental to the
consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and
cabarets.
Berm means a mound or embankment of earth, man made, usually two to six feet in height.
Big box means a singular retail user occupying 35,000 square feet or more of gross floor area, requiring
high parking -to- building ratios, and having a regional sales market. The singular retail user may include
internal leased space for coffee shops, banking, photography, limited service food and other similar
personal services.
Boardinghouse means a multifamily residential use providing room and board, common eating, and
sanitary facilities for five (5) or more persons, but not exceeding 20 persons, with two or more rooms
that are rented or intended to be rented, but which rooms, individually or collectively, do not constitute
separate dwelling units.
Boat and boat parts and accessories sales means a retail facility for marine vehicles 16 feet or greater in
size and the accessories thereto.
Boat and RV storage means a facility which is used for the temporary location of boats and recreational
vehicle for a fee. This may include a boat slip or boat yard where the storage is covered or uncovered
dock space or enclosed dry dock storage.
Brick means kiln fired clay or shale brick manufactured to ASTM C216 or C652, Grade SW. This
includes concrete brick if the coloration is integral, shall not be painted, and it is manufactured to ASTM
C1634. An applied brick veneer means a minimum thickness of two and one quarter inches that does
not include underfired clay or shale brick.
Building envelope means the three dimensional space within which a structure is permitted to be built on
a lot and which is defined by regulations governing building setbacks and maximum height.
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Building, heating, plumbing, service contractors, or contractors in general means a business involving
the administration and implementation of multidiscipline projects. Requires vehicle and equipment
parking and the storage and warehousing of supplies and materials including outdoor storage.
Campground means an area on which campsites intended for occupancy overnight or longer by persons
using a tent, recreational vehicle, motor home, or mobile trailer for dwelling, lodging or sleeping
purposes and is held out as such to the public. Campground does not include any manufactured housing
community.
Clinic means a facility used by licensed physicians, dentists, or other health care professionals for the
purpose of providing medical, psychiatric, or surgical service for sick or injured persons exclusively on
an out - patient basis where overnight lodging is not routine, including emergency treatment, diagnostic
services, training, administration, and services to outpatients, employees, or visitors. Clinics include
immediate care facilities where emergency treatment is the dominant form of care.
Code of ordinances means the city of Baytown's code of ordinances as set forth at section 1 -1 of the
Code, constituting the "code of ordinances."
Collector street means a relatively low volume street providing circulation within and between
neighborhoods. They collect traffic from local streets and distribute them to arterials and may be shown
on the major thoroughfare plan map.
Commercial motor vehicle means a motor vehicle or combination of motor vehicles used to transport
passengers or property that: (1) has a gross combination weight rating of 26,001 or more pounds
including a towed unit with a gross vehicle weight rating of more than 10,000 pounds; (2) has a gross
vehicle weight rating of 26,001 or more pounds; or (3) is transporting hazardous materials and is
required to be placarded under 49 C.F.R. Part 172, Subpart F.
Community building means a building to be used for entertainment, recreation, and management that is
designed to serve the residential area (primarily townhouses and/or multifamily) in which it is located.
Community service means a use conducted by or a facility or structure owned or managed by the federal,
state, county or city government or other government entity that provides a governmental function or
service for public benefit, such as libraries, schools, post offices, police and fire stations, public utilizes
but not including the operation of a public bar, restaurant or recreational facility as a commercial
enterprise.
Conditions means a set of standards with which a property owner must comply in order to obtain any
land development permit.
Container means a reusable transport and storage unit for moving products and raw materials between
locations or countries, typically made of corrugated weathering steel with a fitted door at one that is
designed to allow multiple units to be craned, fitted and locked for stacking purposes. While containers
range in size depending on their cargo and method of transport, they are generally between 8 feet wide
by 8 feet tall by 20 feet long and 9 feet wide by 11 feet tall to 53 feet long.
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Country club means a building or a campus that provides facilities for the purpose of recreation, athletic,
and social activities for paying members, their families and invited guests. The buildings and facilities
are owned by a corporation operated as a non - profit.
Day care means a non - residential facility providing care for more than six children or six adults at one
time and licensed by the state as a group day care center. Such a facility may also be known as a
nursery school, day nursery, child care center, day care center for school aged children after school
program, or a Head Start program center. It excludes public and private schools or any facility that
offers care to individuals for any full 24 hour period.
Decorative concrete block means concrete block with a highly textured finish, such as split faced,
indented, hammered, fluted, ribbed or similar architectural finish. The coloration shall be integral to the
masonry material and shall not be painted on. Decorative concrete block includes light weight and
featherweight concrete block or cinder block units and has a minimum thickness of three and five
eighths inches when applied as a veneer.
Decorative precast concrete panels means products often associated with tilt -up wall construction but is
only considered decorative precast concrete panels if post - constructed wall areas have a highly textured
finish, integral color or are covered by defined masonry materials that can be laid up unit by unit set in
mortar and meet the required percentage of coverage as defined in this ULDC.
Density means the number of dwelling units permitted per net acre of land and is determined by dividing
the number of units by the total area of land within the boundaries of a lot or parcel not including the
street rights -of -way and land dedicated for public use, such as schools and public parks. In
determination of the number of dwelling units permitted on a specific parcel of land, a fractional unit
shall not entitle the applicant to an additional unit.
Destroyed structure refers to a structure which, upon determination by an appraisal, requires repairs
exceeding 50 percent or more of the appraised value of the structure.
Detention facility means an excavated area that is designed by a professional engineer to temporarily
hold and slowly drain excess storm water in order to allow water levels in the receiving channel to
recede. Detention facilities, which are often called "dry ponds" or "detention ponds" are not the same as
retention facilities which are designed to hold water indefinitely.
Development review committee or DRC means that committee described in section 1 -10 of this ULDC.
Director means the city's director of planning and development services.
Disabled person refers to a person that has one of the following: 1) a physical or mental impairment that
substantially limits one or more of such person's major life activities so that such person is incapable of
living independently; 2) a record of having such an impairment; or 3) being regarded as having such an
impairment. The term "disabled" shall not include current illegal use of or addiction to a controlled
substance.
Dog run means an enclosed outdoor area intended for exercise and containment of a dog.
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Dormitory means a building that is owned and/or operated by an educational institution whose primary
purpose is to provide living accommodations for individuals associated with the institution. The term
"dormitory" shall not include for - profit facilities operated on or near a university campus that provide
the same or similar services as a dormitory.
Dwelling Unit means a building or portion of a building, other than a mobile home, that is arranged,
occupied or intended to be occupied as a residence and includes facilities for sleeping, cooking and
sanitation. Dwelling units are further defined as follows:
(1) Detached single-family dwelling means the use of a lot for one dwelling unit that has no
physical connection to another dwelling unit or building;
(2) Attached single-family dwelling means the use of a lot for one dwelling unit that is
joined to another dwelling unit on an adjacent lot at one or more points by a party wall
or abutting separate wall, including but not limited to row houses and townhomes; and
(3) Duplex dwelling means the use of a lot for two dwelling units within a single building.
Eating establishment, full service means an establishment maintained, operated and held out to the
public to be a place where food and beverage are served to the public on demand from a menu during
stated business hours. This may include incidental take out and delivery services limited to two or less
delivery vehicles. Alcohol may be served if all applicable local, state and federal codes are met.
Eating establishment, limited service means a restaurant which includes three or more of the following
characteristics: 1) 45 % or more of floor area is devoted to food preparation, employee work space and
customer service; 2) a permanent menu board is provided; 3) customers self bus tables and empty trash;
4) seating is usually stationary and hard finished; and 5) most main course food is not made to order.
Entertainment, outdoor means any commercial recreational land use conducted primarily outdoors
whose main purpose is to provide the general public with an amusing or entertaining activity and where
tickets are sold or fees are collected for the activity. Uses may include, but are not limited to, water
parks, golf courses, miniature golf courses, country clubs, athletic fields, and amusement parks.
Entertainment, interior means establishments that are primarily enclosed within a building including
motion picture theaters, comedy clubs, art galleries and studios, concert or music halls, (not including
adult entertainment of any kind) and which may include such activity centers as indoor miniature golf
courses, athletic and health clubs, billiard halls, bowling alleys, arcades, skating and similar uses, and
such accessory uses as restaurants and bars.
Equipment sales and rental facility means an establishment that is engaged in the sale or rental of tools,
tractors, construction equipment, farm equipment, other similar industrial equipment. This includes the
servicing of such equipment.
Equipment storage means the storage of any equipment outdoors. The term does not include equipment
that is loaded on to a trailer. The term does not include new vehicles or new equipment that is
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advertised for sale as part of the primary use of the business, such as lawnmowers or playground
equipment displayed outside of a retail goods establishment.
Extraterritorial jurisdiction means that land within 3% miles of the corporate limits of the city or as
otherwise established by state law.
Evergreen screen means an arrangement of evergreen shrubs and/or trees that creates a continuous
opaque visual screening device at least 6' in height as measured after the first full growing season.
Excavation means any act by which soil, earth, clay, sand, gravel, rock, loam, caliche, dirt, humus or any
other similar matter is dug, cut into, quarried, uncovered, removed, displaced, relocated or bulldozed
over five feet in depth in the earth.
Extended stay motel means a motel designed or intended to be used as lodging and which contains
kitchen facilities (e.g., refrigerator, stove, oven, sink) for food preparation in each room. An extended
stay motel shall not include dwelling units as defined in this ULDC and the International Residential
Code.
Family home day care means a dwelling in which a resident of the dwelling provides day care of
children, meeting all requirements of state law, the administrative code and this ULDC.
Family means a group of two or more persons, each related to the other by blood, marriage, or adoption;
or a group of not more than six persons not related by blood, marriage or adoption that are living
together in a dwelling unit.
Fence means a barrier of wood, masonry, stone, wire, metal, or other manufactured material or
combination of materials or other materials defined in chapter 18 of the code of ordinances erected to
enclose, screen, separate or decorate areas.
Fire station means a structure for storage of firefighting apparatus (i.e., fire engines and related
vehicles), personal protective equipment, fire hose, fire extinguishers, and other fire extinguishing
equipment. It may have dormitory living facilities and work areas such as meeting rooms, workshop, or
laundry. Living areas are sometimes arranged above the garage bays.
Frontage means the horizontal distance between the side lot lines measured at the point where the side
lot lines intersect the street right -of -way. All sides of a lot that abut a street shall be considered frontage.
Reference the definition of radial lots for more information on where the frontage width of curvilinear
lots is measured.
Footprint, building means the horizontal area as seen in plan view and measured from the outside of all
exterior walls and supporting columns. It includes residences, garages, covered carports and accessory
structures for which a permit has been obtained. It does not include patios, porches, trellises and decks
that are 30 inches or less above the ground.
Garage sale means a sale as defined in section 82 -201 of the code of ordinances.
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Gas station minimart means a facility of less than 4,000 square feet of floor area that is associated with
the sale of gasoline products, that also offers for sale prepackaged food items and tangible consumer
goods, primarily for self - service by the consumer. Hot beverages, fountain -type beverages, and pastries
may be included in the food items for sale, but food items that are prepared or individually proportioned
on the premises shall be prohibited. The facility may be associated with another use but may not include
automobile repair or service of any kind.
Gas station minimart with limited food preparation means a facility associated with the sale of retail
gasoline products that also offers for sale prepackaged food and tangible consumer goods for self service
by the customer and limited food preparation.
Gas station means a site used for the retail sale of automobile fuels, oils, travel aids, and accessories,
where minor automobile repair or service, if any, is incidental. The gas station may include the sale of
propane or kerosene as accessory uses.
Gas well means a well producing natural gas, including all of its constituent elements including
gasoline, distillates, butanes, propane, and other hydrocarbons, and which produces less than one barrel
of oil to each 100,000 cubic feet of gas.
Gazebo means a residential accessory structure that is a covered, free - standing structure used for
outdoor gathering.
General retail means the sale of goods and/or services directly to the consumer where such goods are
available for immediate purchase.
Glazing means a transparent part of a wall or door made of glass.
Golf course means land designed and built for the purpose of playing golf and may include a club house
and a golf cart barn. The term does not include putt-golf, miniature golf, or driving ranges.
Gravel pit means an open land area where sand, gravel, dirt, and rock fragments are mined or excavated
for sale or for off -site use.
Grocery or drug store means an establishment that uses the premises to sell to the ultimate end user,
food or drugs, including food and drugs which are manufactured on the premises as an integral part of
the retail operation, and includes any such premises which may be described as a warehouse store,
discount warehouse, or factory outlet, or a warehouse or wholesale club whose membership is open to
other than institutions, government agencies and business.
Group home for substitute care means a facility regulated by the state that provides for the placement of
six (6) or more children who are in the conservatorship of the state department of protective and
regulatory services, the state department of family and protective services or another state- authorized
agency in care outside the children's homes. The term includes group foster care homes, institutional
care, adoption centers, or commitment to the state youth commission. Nothing in this ULDC shall be
interpreted to restrict the right of a private homeowner to act as a placement option for a relative or to
provide state regulated foster care for less than five (5) or fewer children that are in the conservatorship
of the state.
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Group home for the disabled means a dwelling shared by no more than two (2) resident staff and six (6)
disabled persons who are unrelated to the owner of the dwelling by blood or marriage, who live together
as a single housekeeping unit in a long -term, family -like environment, in which staff persons provide
care services, education and participation in community activities for the residents with the primary goal
of enabling the resident to live as independently as possible. The term "group home for the disabled"
shall not include alcoholism or drug treatment centers, work release facilities for convicts or ex- convicts
or other housing facilities serving as an alternative to incarceration.
Guest housing means attached or detached building that provides living quarters for guests and contains
no kitchen or cooking facility. It is a building that is clearly subordinate and incidental to the primary
residence on the same lot.
Guest parking means a parking area used exclusively by the guest of residents of the townhouse or
multifamily development in which it is located.
Hatay house means a state licensed home for inmates on release from more restrictive custodial
confinement or initially placed in lieu of such more restrictive custodial confinement, wherein
supervision, rehabilitation, and counseling are provided to mainstream residents back into society,
enabling them to live independently. Such placement is pursuant to the authority of the state department
of corrections.
Heavy industrial means a use engaged in the basic processing and manufacturing of materials or
products predominantly from extracted or raw materials, including, but not limited to uses that have
potentially significant external effects due to the involvement of hazardous materials or commonly
recognized offensive conditions such as the use of explosives, radioactive materials, poisons, pesticides,
or herbicides.
Homeless shelter means a building providing temporary shelter to indigent, homeless people.
Home occupation means work that is carried out in a dwelling by the resident thereof and is an
incidental use to the primary use of the dwelling.
Hospital means an institution that is licensed by a state agency to provide primary health services and
medical or surgical care to persons, primarily in- patients, suffering from a variety of abnormal physical
or mental conditions where overnight care is available. A hospital may include various medical support
and accessory uses such as: laboratories; outpatient facilities; training facilities; short-term, on -site
medical waste storage (not disposal); short-term warehousing and storage of medical- related equipment
and supplies; garages; and other facilities commonly associated with medical institutions.
Hotel and motel means a building in which lodging is provided and offered to the public for
compensation and which is open to transient guests and is not a rooming house or boarding house.
Industrialized housing means a residential structure that is: 1) designed for the occupancy of one or
more families; 2) constructed in one or more modules or constructed using one or more modular
components built at a location other than the permanent site; and 3) designed to be used as a permanent
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residential structure when the module or the modular component is transported to the permanent site and
erected or installed on a permanent foundation system.
Junk shall have the meaning ascribed to it in section 82 -131 of the code of ordinances.
Junk dealer shall have the meaning ascribed to it in section 82 -131 of the code of ordinances.
Junk or salvage yard: shall have the meaning ascribed to "junk yard" in section 82 -161 of the code of
ordinances.
Kennel means any lot, enclosure, premises, structure or building or outside feature where four or more
dogs over the age of six months are kept or maintained for the purpose of boarding or breeding.
Kitchen means a room intended and designed to be used for food preparation and meeting the
requirements of the international building code for the use for which it is intended (e.g., residential or
non - residential).
Landfill, sanitary means a site for the burial of non - hazardous and non - medical farm, residential,
institutional, commercial, municipal and industrial waste.
Laundry building means a facility where residents of a multifamily dwelling development may wash and
dry their personal laundry.
Light industry means a use engaged in the manufacture, predominately from previously prepared
materials, of finished products or parts, including processing, fabrication, assembly, treatment,
incidental storage, sales and distribution of such products and excluding heavy industry. Light industry
is capably of operating in such a manner as to control the external effects of the manufacturing process,
such as smoke, noise, soot, dirt, particulates, light, vibration, odor and the like and does not pose
significant risks from explosives, radioactive materials, poisons, pesticides, herbicides, or other
hazardous materials in the manufacturing, packaging, fabricating, assembling, or distributing processes.
Live outdoor exhibitions means any live performance outdoors and includes such activities as
exhibitions, carnivals, circuses in which humans, animals or machines perform. Such term means and
includes those events that are regulated pursuant to chapter 42, article V of the code of ordinances.
Livestock means any grazing animal, including but not limited to cattle, horses, mules, asses, burros,
sheep and goats.
Loading dock means a recessed bay (in a well) in a building or facility or on a raised slab where trucks
are loaded and unloaded. They are commonly found on commercial and industrial buildings and
warehouses in particular. The mere existence of an overhead door does not make a location a loading
dock. Loading docks may be exterior, flush with the building envelope, or fully enclosed. They are part
of a facility's service or utility infrastructure.
Lot means a parcel of land recorded in the public records of the county, or a parcel described by metes
and bounds, the description of which has been so recorded. This definition does not address the
requirements of the subdivision regulations.
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Lot coverage means that portion of the lot that is covered by buildings, structures, or any other manmade
improvement on the ground surface which are more impervious than the natural surface, such as paving,
driveways, etc. Detention facilities lined with asphalt, concrete, rock or any other like materials are
considered impervious surfaces for the purpose of calculating lot coverage.
Lumber and other building materials, retail means an establishment where lumber and other building
materials such as brick, tile, cement, insulation, roofing materials, and the like are sold at retail. The
sale of items such as heating and plumbing supplies, electrical supplies, paint, glass, and hardware is
permitted since it is customarily incidental to the sale of lumber and other building materials.
Management office, on site for multifamily and single-family dwellings means a room or suite of rooms
set aside for the use of persons who run the business of leasing or renting dwellings, running the
homeowners association, or maintaining the grounds or buildings. Does not include the outside storage
of lawnmowers and other equipment or materials for maintenance.
Manufactured home means a single - family detached dwelling that is built to the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 USC Sec 5401).
Manufactured home park shall have the meaning ascribed to it in section 58 -1 of the code of ordinances.
Major thoroughfare means a designation of collector, minor arterial or principal arterial that may be set
forth on the city's major thoroughfare plan.
Masonry materials means and includes that form of construction defined below and composed of clay
brick, natural stone, decorative concrete block, stucco, glass block, tilt -wall, rock, synthetic stucco
material meeting applicable windspeed requirements, or other materials of equal characteristics laid up
unit by unit set in mortar. The following materials shall not qualify nor be defined as "masonry
materials" in meeting the minimum requirements for exterior construction of buildings, unless
specifically approved by variance: exterior plasteror mortar wash surface material; exterior insulation
and finish systems (EIFS), acrylic matrix, synthetic plaster, or other similar synthetic material;
cementitious fiber board siding (such as "Hardy Plank" or "Hardy Board ").
Medical equipment storage and /or research facilities means a facility whose primary function is the
warehousing and storage of medical equipment or the conducting of medical- related research activities
totally within an enclosed building.
Medical services establishment means a facility such as a clinic, hospital, laboratory, or medical waste
storage and disposal, storage of medical equipment and research facilities.
Medical waste storage and disposal center means a facility whose primary function is to store and/or
repackage medical waste for transportation to a processing facility.
Multifamily complex means any residential dwelling complex consisting of four or more units to include,
but not be limited to common accessory structures such as garages, laundry buildings, and guest parking.
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Neighborhood means: 1) A quarter ('/4) mile (approximately 1,300 feet) radius around the
nonconforming condition; 2) in commercial areas, the area along a transportation corridor that is
between the two closed signalized major thoroughfare intersections in opposite directions from the
nonconforming condition and that has a depth at least back to the local streets paralleling the major
thoroughfares; or 3) If in a residential subdivision, the residential subdivision of at least ten lots may
also meet these criteria.
Nonconforming structure means a structure in existence prior to the adoption of this ULDC that fails to
meet one or more of the zoning standards in this code applicable to such structure.
Nonconforming use means a land use in existence prior the date of adoption of this ULDC that fails to
meet one or more of the zoning standards in this code applicable to such use.
Nursing home means an institution licensed by the State that provides meals, resident care and services
for persons who are generally admitted for periods of time exceeding thirty (30) days. Such service
includes custodial or attendant care, but may or may not provide for routine and regular medical and
nursing services. The term nursing home includes care homes, homes for the aged, convalescent homes,
rest homes, and other related institutions not otherwise defined in this section, where such persons are
mostly incapable of self - preservation due to age, physical or mental disability, or because of security
measures not under the occupants' control. The term "nursing home" excludes facilities that provide
surgical or emergency medical services or that provide care for alcoholism, mental disease, drug
addiction or communicable disease.
Office means administrative, executive, professional, research or similar facilities that have limited
customers. An office may be a room, a suite of rooms, or a portion of a building.
Oil well shall have the meaning ascribed to it in section 62 -26 of the code of ordinances.
Opaque screening means a method of visually shielding or obscuring one abutting or nearby land use
from another nearby or abutting land use. The opaque screen shall be made of any combination of the
following: a minimum 6 foot high berm, fence, wall or evergreen screening shrubs 6 foot high at the at
the time of installation or to be 6 feet high at the end of the first growing season with no visible breaks
between shrubs or any combination of the four.
Open space means land use for recreation, resource protection, and/or buffers; usually privately owned
and maintained.
Outdoor storage means the stockpiling, collection, or display of any products, materials, equipment,
appliances, vehicles not in service and/or personal property of any kind on open land, or in a structure
that includes a roof but has no side walls, or screening or walls without a roof. This does not include in-
service vehicles that are on display in association with a vehicle sales, rental or leasing facility.
Overnight accommodations means temporary living quarters provided for public convenience including
hotels and motels.
Package store (alcohol) means an establishment which may sell liquor in unbroken original containers
on or from the licensed premises at retail to consumers for off - premises consumption only and not for
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the purpose of resale, except that if the permitee is a hotel, the permitee may deliver unbroken packages
of liquor to bona fide guests of the hotel in their rooms for consumption in their rooms. Reference
V.T.C.A., Alcohol Code, § 11.29.
Packaging, means the placement of products into bulk containers or placing hazardous products in to
containers of any kind for the purpose of transport to another location. Packaging does not include the
placement of non - hazardous products into individual containers for shipment that are picked up on -site
by the USPS, FedEx or similar carrier routinely allowed in residential areas.
Park means public land set aside for recreation, culture or passive recreation uses for residents and
workers and may include neighborhood parks, community parks and regional parks, trails and sports
fields.
Parking, commercial means a parcel of land or a structure used for the temporary parking of vehicles for
a fee which may be charged regardless of any other fee for the premises. Structure: a facility with one
or more floors used for the temporary storage of vehicles. Delivery of items is not considered
commercial parking.
Personal care home means a residential facility where room and board and personal care services are
provided within a dwelling unit to not more than six (6) elderly persons, regardless of the relationship to
the owner.
Personal care services means assistance with feeding, dressing, moving, bathing, or other personal
needs or maintenance or general supervision or oversight of the physical and mental well -being of a
person who needs assistance to maintain a private and independent residence in an assisted living
environment or who needs assistance to manage the person's personal life, regardless of whether a
guardian has been appointed for the person. Personal care services also include the administration of
medication by a person licensed to administer medication, as defined by the V.T.C.A., Health and Safety
Code, §247.002.
Personal service means an establishment engaged in the sale of frequent or recurring services on site
such as hairdressing, barbershops, associated trade schools, and shoe repair. This does not include such
services as real estate, attorney, accountant and the like which are categorized in office.
Personal storage building means a structure used for solely for the storage of inanimate objects that is
not connected to a dwelling or other building and does not have water or sewer service.
Personal pleasure boat means a vehicle designed for operation in water by oars, sails or internal
combustion engine for personal use.
Pet kennel means the temporary keeping of pets.
Pets means those animals and fowl normally domesticated in the United States, typically obtained at pet
shops, and kept in or around the home for pleasure rather than utility, e.g., dogs, cats, canaries, mynahs,
parrots, parakeets, fish, rabbits and rodents and excluding animals defined by state or federal regulations
as wildlife, as set forth in state law and in chapter 14 of the code of ordinances.
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Pet store means a retail store whose primary purpose is to sell products and services that support pets.
The sale of pets, grooming and housing for pets shall be an accessory and incidental use in the pet store.
Animal housed overnight shall be housed inside the pet store.
Place of assembly means a building or portions of a building in which facilities are provided for civic,
educational, religious, deliberation or social purposes for regular or occasional use. Such facilities
include theaters, lecture halls, places of worship, lodges, exhibit rooms, banquet facilities and other uses
which meet the requirements for "places of assembly" or Al through AS occupancy under the
International Building Code.
Planning and zoning commission means the body appointed by the city council to exercise the powers
and duties set forth at section 2 -326 of the code of ordinances.
Police station means a building that accommodates police officers and members of staff. The building
often contains offices and accommodations for personnel and vehicles, along with locker rooms,
temporary holding cells and interview /interrogation rooms.
Private open space means usable open space directly associated with a dwelling unit or part of a
common area of a development and having clearly delineated boundaries.
Private recreation space means privately owned, maintained and operated outdoor space for the
refreshment and relaxation of mind and body through active or passive use.
Property line means the line bounding a parcel, lot or tract.
Public services means a service or a facility provided by a local, state, regional or federal agency that
provides a service, function or activity for direct public benefit. This term does not include prisons.
Qualified applicant means the party that meets all the requirements under this ULDC in order to make
application under this ULDC.
Radial lot means any lot located along a curved road or at the end of cul de sac, and where the distance
along the road frontage is less than the amount required per the ULDC for that district. The minimum
lot width must be met at the front building line. Side property lines should be radial to the curve of the
road or cul de sac.
Recreational vehicle means a portable vehicle built on a chassis and designed as a temporary dwelling
for travel, recreation, and vacation use, which does not exceed eight feet in width and 40 feet in length,
exclusive of tongue. The term recreational vehicle shall also include all portable structures which may
be moved under their own power, towed, or transported by another vehicle, and for purposes of this
chapter, shall also include other types of vehicles such as, but not limited to, trucks, vans and buses that
have been converted to temporary dwellings for travel, recreation, and vacation use, regardless of size.
Recreational vehicle park means a lot used for the accommodation of recreational vehicles for vacation
or short term transient lodging and which contains three or more of the following: on -site laundry,
restaurant, recreation facilities such as swimming pools, fishing ponds, bicycle paths, a recreation hall or
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club house, or other similar features and does not contain facilities for the sale or repair of recreational
or other mobile vehicles of any kind or for the sale of parts or accessories for such vehicles.
Recycling collection center means a facility at which fabricated paper, glass, metal and plastics are
collected and bundled prior to shipment to end user.
Regional commercial means a large commercial development that offers services and products at a scale
and function to serve a regional market. Regional market pertains to a broad geographic area rather than
a single jurisdiction.
Repair business means an establishment that primarily provides services to individuals and households,
rather than to businesses and excluding automotive repair, large equipment repair or activities involving
hazardous materials. Typical uses include appliance, shoe, watch or jewelry, computer and musical
instrument repair, and the like.
Replacement oil or gas well means an oil or gas well drilled so the well and its housing and other
appurtenances are in the same place on the site plan and so located on the property as the well it is meant
to replace. "To replace" means that a well has been operating until the time that the work to replace it is
commenced. Work to install a new well where an inoperative well exists is not replacement.
Residential proximity slope line means a line that describes a relationship between non - residential
setbacks where the non - residential building exceeds the height of the adjacent residential building from
which the non - commercial building is required to setback.
Resource extraction means the extraction of minerals including solids (gravel, dirt) or non - solids (gas
and oil). Extraction as defined herein also includes the operation, milling, crushing, washing or other
preparation customarily performed at the extraction site
Retail means the activity of offering to sell or rent, or to sell or rent merchandise to a consumer who
buys or rents the merchandise as the ultimate consumer or end user, being the last person in the chain of
distribution, for personal consumption or use and not for further sale or rent. The use of premises for
sales to end user consumers or renting of merchandise to end user consumers including any such
premises which may be described as a warehouse store, discount warehouse, or factory outlet, or a
warehouse club or wholesale club whose membership is open to other than institutions, government
agencies and licensed businesses.
Retention facility means an excavated area that is designed by a professional engineer to capture and
store storm water on a permanent or semi - permanent basis, often indefinitely with the exception of the
water volume lost to evaporation or absorption into the soils. Retention facilities, which are often called
"wet ponds" or "retention ponds ", are not the same as detention facilities which are designed to hold
water temporarily and release their volume completely after or during the peak of the storm event.
Roof pitch means a roof having a slope or pitch determined by rise over run in direction of the slope or
pitch of the roof, 1:4 slope for example.
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School means an institution for the teaching of children or adults including primary and secondary
schools, colleges, professional schools, dance schools, business schools, art schools and other similar
schools.
Screening means an opaque separation between proprieties made of any combination of the following:
six foot high berm, wall or fence, or evergreen shrubs. Evergreen shrubs shall be six foot high at the
time of installation or shall be six foot high at the end of the first growing season after they are installed
with no visible break between the shrubs or any combination of the four.
Self storage enclosed means an enclosed storage facility containing independent, fully enclosed bays
that are leased to individuals exclusively for long term storage of their household goods, small business
records, or personal property. The term does not include outdoor storage.
Setback means the unobstructed, unoccupied open space between a structure and the property line of the
lot on which the structure is located. Setbacks are unobstructed open space from the ground to the sky
and measured as the horizontal distance between a property line and the furthermost projection of the
structure, except in cases in which this ordinance specifically allows parking.
Small vet or home kennel means an enclosed premise or building where three or less dogs are housed for
medical treatment or for personal use as family pets.
Solar energy facility means a device or combination of devices that use direct sunlight as a source of
energy for the non - commercial direct use of the structure on the same lot with the system. Examples
include photovoltaic systems, a solar hot water heater, solar panels, or a south - facing window.
Spire means a structure or formation, such as a steeple, that tapers to a point at the top.
Sports court means a space, indoor or outdoor, design used and maintained for basketball, racquetball,
shuffleboard or other similar sports that use a court.
Stable means a building in which horses are sheltered and maintained as an accessory use to a principal
residential use on the same lot.
Storage building means a building used for materials, equipment and vehicles that are "in transit" or not
in use.
Stone means naturally occurring granite, marble, limestone, slate, river rock, and other similar hard and
durable all weather stone that is customarily used in exterior building construction. This includes cast or
manufactured stone product, provided that such product yields a highly textured stone -like appearance,
its coloration is integral to the masonry material and shall not be painted on, and it is demonstrated to be
highly durable and maintenance free. Natural or manmade stone shall have a minimum thickness of two
and five eighths inches when applied as a veneer.
Stucco means conventional three -step hard coat stucco with a minimum thickness of 7/8 -inch.
Studio means a workshop, work place or work room for a person doing crafts, photography,
woodworking, painting textiles for personal pleasure or production on a very small scale.
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Supply house means an establishment at which wholesale customers or persons directly representing
industry may purchase industrial supplies at wholesale or where such items are repaired or serviced.
These establishments do not have retail customers.
Tire sales means a lot on which the principal business is the sale or installation of new, used or retread
tires and tubes.
Towing service means the removing of a motor vehicle by towing, carrying, hauling or pushing from
public or private property when such vehicle has been ordered to be impounded to a licensed impound
lot. Does not include "automotive service" in which a tow truck is used and vehicles are repaired on
site.
Towing yard shall have the meaning ascribed to it in section 102 -167 of the code of ordinances.
Transitional housing means shelter provided to the homeless for an extended period, often as long as 18
months and generally integrated with other social services and counseling programs to assist in the
transition to self - sufficiency through the acquisition of a stable income and permanent housing.
Truck stop means a facility for parking, refueling, washing and/or minor repair of commercial vehicles
and may include retail sales of food and/or other items, restaurant(s), restroom/shower facilities, and/or
temporary sleeping quarters.
Truck terminal means an area and building where cargo is stored and where trucks, including tractor and
trailer units, load and unload cargo on a regular basis. May include facilities for the temporary storage of
loads prior to shipment. Includes rail to truck, truck to truck and dock to truck.
ULDC means this Unified Land Development Code.
Vegetative buffer shall have the meaning ascribed to it in article XIV, chapter 18 of the code of
ordinances.
Vehicle sales, rental or leasing facility, personal means a facility that engages in the sale, storage or
rental of new and used personal vehicles, paint and body repair shops and automotive repair garages,
including the sales and servicing of any automotive component. Does not include storage of junk or
wrecked motor vehicles and does not include industrial vehicles. Antique vehicles and farm equipment
are not included in this definition. Temporary storage of vehicles awaiting repair shall be permitted in
non HI zones, pursuant to the requirements of the conditions table in this ULDC. A minimum of 75
percent of the motor vehicles shall be operable and readily accessible to the public for inspection and
operation.
Vehicle storage means a room, structure or parking lot that is used to house or store vehicles. It includes
structures, buildings, and rooms generally called garages, boathouses, and airplane hangars. It also does
not include structures that house or store farm vehicles and implements or antique vehicles as defined in
chapter 34 of the code of ordinances. A vehicle that properly displays the required and timely
registration and inspection stickers is not considered stored.
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Vehicle, commercial means a motor vehicle, other than a motorcycle, designed or used for:
1. The transportation of property;
2. Delivery purposes;
3. A commercial motor vehicle includes a truck tractor defined as a commercial motor vehicle with
a manufacturer's rated carrying capacity of more than one ton that is used or is to be used in
combination with a semi - trailer that has a gross weight of more than 6,000 pounds or a vehicle
designed or used with a motor vehicle so that part of the weight of the vehicle and its load rests
on or is carried by another vehicle or a trailer means a vehicle that:
a. is designed or used to carry a load wholly on its own structure; and
b. is drawn or designed to be drawn by a motor vehicle.
4. A "Truck- tractor" which is defined as a motor vehicle:
a. designed and used primarily for drawing another vehicle; and
b. not constructed to carry a load other than a part of the weight of the vehicle and load to be
drawn.
Wall means a constructed solid barrier of concrete, stone, brick, tile, masonry, wood or similar material
that encloses, borders or decorates an area.
Warehouse and freight movement means a use engaged in storing, wholesale, and distribution of
manufactured products or equipment and also characterized by heavy trucking activity, including 18
wheelers, open storage and characterized by such nuisances as dust, noise and odors but not actually
engaged in any manufacturing process.
Well means a hole or bore to any sand, formation, strata, or depth which is drilled, bored, sunk, dug or
put down for the purpose of either exploring or for ascertaining the existence of any oil, gas, or liquid
hydrocarbon for the purposes of producing or recovering and oil, gas or liquid hydrocarbon.
Wholesale and warehouse activities within an enclosed structure means those retail activities typically
conducted at facilities such as a "wholesale club," "warehouse store," "discount warehouse," "factory
outlet," and other similar retail establishments that sell directly to the public.
Wholesale trade means to offer to sell or rent, or to sell or rent, merchandise other than at retail.
Establishments engaged in selling merchandise to other wholesalers or to retailers, generally without
transformation, and rendering services incidental to the sale of merchandise and normally operate from a
warehouse or showroom/office. Wholesalers are organized to sell or arrange the purchase or sale of
goods for resale (i.e., goods sold to other wholesalers or retailers), capital or durable non - consumer
goods, or raw and intermediate materials and supplies used in production. The intent is to permit the
warehousing of products, and to permit the packaging, sale to other wholesalers or to retailers, assembly
or treatment of products within an enclosed structure.
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Wild animal means a wild animal as defined in section 14 -1 of the code of ordinances.
Wine and beer retailer means an establishment licensed by the state to sell ale, wine, and vinous liquors
to consumers at retail on or from the licensed premises in unbroken original containers of not less than
six ounces for off - premises consumption only and not for the purpose of resale.
Working days or business days mean week days that are not holidays celebrated by the city.
Yard, front means the open space between a building and the front setback line.
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