Ordinance 1962-05
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Table of Contents (Continued)
Section Page
15. Definitions 26
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~6. . Regulations for Nonconforming Uses 32 ~
17. Special Permits 33
18. Administration and Enforcement 34
19. Violations and Penalties 35
20. Board of Adjustment 36
21. Interpretation of Ordinance 38
22. Amendments and Changes 39
23. Validity Clause 40
24. Effective Date 40
APPENDIX TO ZONING ORDINANCE
1. ..Application of Zoning Regulations to Different Types
of Buildings
2. Application of Height Regulations to Different Types
of Buildings
3. Yard Definitions
4. Corner Lot Setback and P.ccessory Building Requirements
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ORDINANCE NO.
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C.t.PTION
An ordinance establishing comprehensive zoning regulations and districts
for the City, and regulating the height. number of stories and size of
buildings and other structures; the size and percentage of lots that may be
occupied; the size of yards, courts and other open spaces; the density of
population; the location and use of buildings. structures and land for trade,
industry. residences and other purposes; and dividing the City into Districts;
and regulating the erection, construction, alteration, repair or use of build-
ings. structures or land within such districts; providing uniform regula-
tions for the several classes or kinds of buildings or structures, and uses
within the restrictive districts; adopting a zoning map disclosing the several
districts and use areas and the restrictions and limitations and provisions
applicable to such districts and areas; providing for the enforcement of this
ordinance and penalties for the violation thereof; repealing all ordinances
in conflict herewith.
BE IT ORDAINED BY tHE CITY COUNCIL OF THE CITY
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Section 1. Title
This ordinance shall be known and may be cited as liThe City Z.oning
Ordinance" .
Section 2. Establishment of Districts
For the purpose of promoting the public health, safety, morals, and general
welfare of the community, the City is hereby divided into the following types
of districts:
1. Single Family Residential District
2. Two Family Res idential District
3. Multiple Family Residential District
4. Commercial District
5. Industrial District
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Section 3. Zoning Map
The City is hereby divided into zones, or districts, as shown on the Official
Zoning Map which, together with all explanatory matters thereon, is hereby
adopted by reference and declared to be a part of this ordinance.
The Official Zoning Map shall be indentified by the signature of the Mayor.
attested by the City Clerk, and bearing the seal of the City under the follow-
ing words: "This is to certify that this is the Official Zonong Map referred
to in Section 3 of Ordinance Number of the City", together with
the date of the adopting of this ordinance.
If, in accordance with the provisions of this ordinance and revised state
statutes. changes are made in district boundaries or other matter portrayed
in the Official Zoning Map, such changes shall be made on the Official Zon-
ing Map promptly after the amendment has been approved by the Governing
Body. together with an entry on the Official Zoning Map as follows: liOn
, by official action of the Governing Body, the
following change or changes were made in the Official Zoning Map:
(Brief description of nature of change)
which entry shall be signed by the Mayor and attested by the City Clerk.
The amending ordinance shall provide that such changes or amendments
shall not become effective until they have been duly entered upon the Offi-
cial Zoning Map. No amendment to this ordinance which involves matter
portrayed on the Official Zoning Map, shall become effective until after
such change. and entry has been made on such map.
The map, with all explanatory matter thereon, is hereby made a part of
this ordinance and for the purpose of clearly defining the various use dis-
tricts the following symbols have been used:
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R Single Family Residential District
A. R - 900 - F
B. R - 900 M
C. R - II 00 M
D. R - l300M
D Two Family Residential District
A Multiple Family Residential District
C Commercial District
A. C - 1
B. C - 1 - R
I Industrial District
A.. 1-1
B. I - 2
The boundaries of these districts shall be determined by the extent of cover-
age of the pattern for the respective district.
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Section 4. Interpretation of District Boundaries
The following rules shall apply where uncertainty exists with respect to the
boundaries of any of the zoning districts as shown on the zoning map~
1. Where district boundaries indicated as approximately following
the centerline of streets or alleys or where they approximately follow
the lot lines, such street lines or alley lines or lot lines shall be con-
strued to be said boundaries.
2. "Vhere a boundary line is shown adjoining with a railroad, it shall
be deemed to be in the center of the railroad right-of-way.
3. In unsubdivided property. unless otherwise indicated, the district
boundary line on the map and made a part of this Ordinance shall be
determined by the use of the scale shown on such map.
4. Vlhere there is a reasonable doubt as to the boundaries between
two districts, the regulations of the more restrictive. district shall
govern the entire parcel in question, unless otherwise determined
by the Governing Body.
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Section 5. Newly Annexed Territory
All territory hereafter annexed to the City shall be temporarily classified
as R-1300-M of the single family residential district until permanently
zoned by the Governing Body of the City. The City Planning Commission
shall, as soon as practicable after annexation of any new territory to the
City, begin proceedings on its own motion to place the newly annexed terri-
tory in a particular district. The procedure shall be the same as is pro-
vided by law for the adoption of the original zoning regulations.
In an area temporarily classified for single family dwelling purposes only,
no permit for the construction of a building shall be issued by the Govern-
ing Body until such permit has been specifically authorized by the City
Council. Permits for the construction of buildings in a newly annexed terri-
tory prior to permanent zoning. may be authorized by the City Council under
the following conditions:
An application for any use shall be made to the Governing Body,
said application to show the use contemplated. a plat showing the
size of the lot or tract of land being used. and the location of and
the size and type of buildings to be constructed; and if such appli-
cation is for other than a single family dwelling or accessory
building related thereto, it shall be referred by the Governing
Body to the City Planning Commission for consideration and its
recommendation to the City Council, after giving due considera-
tion to the type of permanent zoning to be applied to the area in
which the application is located. Whenever such a recommenda-
tion is filed with the City Council. it shall be advisory only, and
the City Council may grant or deny it as the facts may justify.
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Section 6. Application of Regulations
Except as hereinafter provided:
1. No land shall be used and no building shall be erected or struc-
turally altered nor shall any building or premises be used for any
purpose unless in conformity with the regulations herein specified
for the district in which it is located.
2. No lot upon which a building has been erected shall be so reduced
in area that the yards or open spaces shall be smaller than those
prescribed by this ordinance. nor shall a part of a yard or other
open space required about any building for the purpose of complying
with the provisions of this ordinance be included as a part of a yard
or other open space similarly required for another building.
3. No building shall hereafter be erected or altered -
a. To have more narrow or smaller rear yards. front yards,
side yards or courts;
b. To exceed the specified height;
c. To occupy a greater percentage of lot area; or
d. To accommodate or house a greater number of families
than is specified herein for the district in which such build-
. ing is located.
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Section 7. Regulations for the Single Family Residential District
The single family residential districts existing within the corporate limits
of the City, as shown on the District Zoning Map, shall be temporarily
classified as R-1300-M of the Single Family Residential District until
permanently zoned by the City Council.
The following regulations shall apply in a single family residential district:
A. Uses Permitted.
1. One family dwelling.
2. Churches or similar places of worship.
3. Elementary schools, high schools and institutions for higher
education.
4. Publicly owned and operated libraries, museums, parks. play-
grounds, fire stations, and community buildings.
5. Golf courses, country clubs, and non-commercial recreational
uses.
6. Agriculture when conducted exclusively for the use of the occu-
pants of the dwelling located on the premises, provided there
are no agriculture uses present which are offensive in odor or
which destroy the character of the landscape.
7. Home occupations.
8. Customary accessory uses and buildings, provided such uses
are incidental to the principal use of the premises.
9. Public utility structures necessary for the service of the area.
B. The following building regulations for single family residential dis-
tricts shall apply:
1. R-900-F
a. Minimum Size: The minimum area of the main building
shall not be less than 900 square feet.exclusive of garages,
breezeways and servant quarters.
b. Type Materials: The main structure shall be frame con-
struction or any higher type building material.
c. Building Height Limit: No building shall exceed two and
one-half (2-1 /2) stories nor thirty five (35) feet.
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d. I.rea Requirements: Lot area shall be not less than 6,500
square feet with a minimum lot width of ~9..feet and a
minimum lot depth of 100 feet.
e. Yard Requirements: Each lot shall have front. side, and
rear yards not less than the depths or widths as follows:
1. Front yard depth: 25 feet-
2. Rear yard depth: 25 feet-
3. Side yard width: 100/0 of lot width_.
f. Offstreet Parking and Suplementary Regulations: Refer to
Supplementary Regulations.
II. R-900-M
a. Minimum Size: The minimum area of the main building shall
not be less than 900 square feet exclusive of garages. breeze-
ways and servant quarters~_
b. Type Material: The main structure shall be of Masonry con-
s truction or any higher type building ma terial.
c. Building Height Limit: No building shall exceed two and
one-half (2-1/2) stories nor thirty five (35) ~eet.
d. ..Area Requirements: Lot area shall be not less than 6,500
square feet with a minimum lot width of 60 feet and a mini-
mum lot depth of 100 feet.
e. Yard Requirp-ments: Each lot shall have front. side, and
rear yards not less than the depths or widths as follows:
1. Front yard depth: 25 feet
2. Rear yard depth: 25 feet
3. Side yard width: 10% of lot width
f. Offstreet Parking and Supplementary Re~ulations: Refer to
Supplementary Regulations.
III. R-llOO-M
a. Minimum Size: The minimum area of the main building shall
not be less than 1, 100 square feet exclusive of garages.
breezeways and servants quarters.
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b. Type Material: The main structure shall be of Masonry
construction or any higher type building material.
c. Building Height Limit: No building shall exceed two and
one-half (2-1/2) stories nor thirty five (35) feet.
d. Area Requirements: Lot area shall be not less than 7,500
square feet with a minimum lot width of 65 feet and a mini-
mum lot depth of lOO feet.
e. Yard Requirements: Each lot shall have front, side, and
rear yards not less than the depths or widths as follows:
l. Front yard depth: 25 feet
2. Rear yard depth: 25 feet
3. Side yard width: 10% of lot width
f. Offstreet Parking and Supplementary Regulations: Refer to
Supplementary Regulations.
IV. R-1300-M
a. Minimum Size: The minimum area of the main building shall
not be les s than 1300 square feet exclus ive of garages,
breezeways and servants quarters.
b. Type Materials: The main structure shall be of Masonry
construction or any higher type building materials.
c. Building Height Limit: No building shall exceed two and
one-half (2-1/2) stories nor thirty five (35) feet.
d. Area Requirements: Lot area shall be not less than 8,500
square feet with a minimum lot width of 70 feet and a mini-
mum lot depth of 110 feet.
e. Yard Requirements: Each lot shall have front, side, and
rear yards not less than the depths or widths as follows:
1. Front yard depth: 25 feet
2. Rear yard depth: 25 feet
3. Side yard width: 10% of lot width
f. Offstreet Parking and Supplementary Regulations: Refer to
St.:.;-plementary Regulations.
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Section 8. Regulations for the Two Family Residential District
The following regulations shall apply for all two family dwellings:
A. Minimum Size.
The minimum area of the main building shall not be less than 600
square feet per dwelling unit exclusive of garages. breezeways and
other accessory buildings.
B. Building Height Limit.
No building shall exceed two and one-half (2-1/2) stories, nor thirty
five (35) feet.
c. Required Lot Area.
Each lot shall have an area of not les s than 8,000 square feet with
a minimum lot width of not less than 65 feet and a minimum lot depth
of not less than 100 feet.
D. Yards Required.
Each lot shall have front, side. and rear yards not less than those
specified for the Single Family Residential District.
E. Type Material.
The main building shall be of masonry construction or any higher
type building material.
F. Offstreet Parking and Supplementary Regulations,
Refer to Supplementary Regulations.
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Section 9. Regulations for the Multiple Family Residential District
The following regulations shall apply for all multiple family dwellings:
P. . Minimum Size.
The minimum area of the main building shall be not les s than 6.Q.Q
square feet per dwelling unit exclusive of garages, breezeways and
other accessory buildings.
B. Building Height Limit.
No building shall exceed three stories or forty-five (45) feet in
height excepting when such building is set back one (1) foot from
all required yard lines for each one (l) foot of additional height
above forty-five (45) feet; provided, that no building shall exceed
a height of one hundred (1 OO) feet.
C. Required Lot .Area.
Each lot shall have an area of not less than 5,000 square feet with
a minimum lot width of not less than 50 feet and a minimum lot
depth of not less than 100 feet, provided, however, that the multiple
family dwelling shall be located on a lot having not less than seven
hundred and fifty (750) square feet for each family housed therein.
D. Yards Required.
Each lot shall have front, side, and rear yards not less than the
depths or widths following:
1. Front yard depth: 25 feet.
2. Rear yard depth: 20 feet.
3. Side yard width: 10 feet on mterior lots. For COrner lot regu-
lations in a residential district refer to S\,lpplementary Regula-
tions.
E. Type Material.
The main building shall be of masonry construction or any higher
type building material.
F. Offstreet and Supplementary Regulations.
Refer to Supplementary Regulations.
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Section 10. Regulations for the Commercial District
P. The following regulations shall apply to the C-l District.
1. Uses Permitted.
a. Multiple Family Dwelling, provided, however, that any
building which is used for this purpose shall conform to
the Regulations cited in Section 9.
b. Retail stores and shops.
c. Banks, offices, theaters, bowling alleys; restaurants,
hotels. and similar comnlUnity services.
d. . Putomobile repair shops and filling stations, subject to the
following provisions.
1. No repair work is performed out-of-doors.
2. Pumps, lubricating or other devices are located at
least twenty (20) feet from any street line.
3. PU outside surface storage in excess of 75 gallons of
the various types, shall be stored withilf a masonry
structure which shall be located not less than 35 feet
from any street line, or shall be stored underground
with no setback limitations. Outside surface storage
less than 75 gallons shall be stored a minimum of
35 feet from any street line.
4. p..ll automobile parts, dismantled vehicles and similar
articles are stored within a building.
e. Baking. confectionery, dressmaking, dyeing. laundry,
printing. tailoring, upholstering and similar es tablish-
ments or business of a similar nature with non-objection-
able charac:teristics subject'to the following provisions:
1. All goods or products manufactured or processed shall
be sold at retail on the premises.
2. .All such manufacturing or processing shall be done on
the premises.
f. Barber, shoeshine, beauty parlor and other personal services.
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g. Caterer, undertaker.
h. Telegraph, telephone and express offices.
i. Railway or bus passenger station.
J. Laundry and cleaning depots.
k. Parking lots and used car lots.
1. Outdoor advertising signs but only when attached to or made
part of the commercial structure. A,projecting sign shall
not exceed fifty (50) square feet in are~ for each street
frontage.
2. Type MateriaL
Masonry or any higher type building material.
3. Required Lot Area.
There is no required lot area when the lot is used for commercial
purposes.
4. Yards Required.
When the lot is used for commercial purposes, there are no
yard requirements.
5. Offstreet Parking and Supplementary Regulations.
Refer to Supplementary Regulations
B. The following regulations shall apply to the C-l-R District.
1. Uses Permitted.
a. This district shall be restricted to service type facilities.
b. Service facilities shall be construed to mean such facilities
as resturants, service stations, motels', washaterias,
driveins,\ and other public accomodating uses. .
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c. No residential dwelling shall be permitted within this district.
2. Type Material.
Masonry or any higher type building material.
3. Required Lot Area.
There is no required lot area when the lot is used for commercial
purposes.
4. Yards Required.
When the lot is used for commercial purposes, there are no
yard requirements.
5. Offstreet Parking and Supplementary Regulations.
Refer to Su~plementary Regulations
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/ Section ll. Regulations for the Industrial District
/The following regulations shall apply in the I-I District: (Light Industrial)
A. Uses Permitted.
l. Any use 'permitted in the Commercial Business District, but not
residential uses or motels.
2. . \Vholesale, storage and warehouse facilities.
3. Lumber, wood, feed, or other similar storage yards, but not
salvage yards, coal yards, stock yards or junk yards.
4. Uses of light manufacturing nature, employing electricity or
other unobjectionable motive power, and free from any objection-
able odors, glare, fumes, dirt, vibration, or noise.
B. Required Lot Area.
There is no required lot area.
C. Yard Requirements.
Each lot shall have front. side, and rear yards of not less than the
depths or width following:
1. Front yard depth: 20 feet.
2. Rear yard depth: 20 feet.
3. Side yard width: 10 feet.
D. Offstreet Parking and Supplementary Regulations.
Refer to Supplementary Regulations
The following regulations shall apply in the I- 2 District: (Heavy Industrial)
A. Uses Permitted.
All uses not otherwise prohibited by law, except nQ residential use
is permitted.
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B. Uses Prohibited.
.PH uses of land, buildings and structures or industrial processes
that may be noxious or injurious by reason of the production or
emission of dust, smoke, refuse matter, odor, gas, fumes, noise,
vibrations, or similar substances or conditions provided, however,
that any uses may be pel'mitted if approved by the City Council and
subject to the securing of a permit therefor and to. such restrictions.
conditions, and safegards as may be deemed necessary by said City
Council for the purpose of protecting the health, safety. morals or
the general welfare of the community.
C. Yard Requirements.
Each lot shall have front, side and rear yards of not les s than the
depths or widths following:
1. Front yard depth: 25 feet
2. Rear yard df,!pth: 25 feet
3. Side yard width: 15 feet
D. Required Lot .P rea.
There is no required lot area.
E. Offstreet Parking and Supplementary Regulations.
Refer to Supplementary Regulations
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Section 12. Supplementary Regulations
The provisions of this ordinance shall be subject to such additions, or
modifications as herein provided by the following supplementary regula-
tions:
p.. Height.
1. Height and Open Space.
In any district any main building may be erected to a height in
excess of that specified for the district provided that for each
one foot of additional height the front, side. and rear yards
are each increased by one foot.
2. Height Exceptions.
The height limitations of this ordinance shall not apply to church
spires, towers, penthouses, and grain elevators; nor to chimneys,
ventilators, 'skylights, water tanks and similar features usually
carried above the roof level.
3. Airport Height Exceptions.
In any district no structure shall be erected which exceeds the
maximu.1'11. heights permissible under the rules of the Federal
P. eronautics Pdministration and further provided that no struc-
ture shall be erected within seven-hundred and fifty (750) feet
of the projected centerline of a runway for a distance of five-
hundred (500) feet from the boundary of the airport.
B. Yards Required.
1. Front Yard Transition.
Where a lot in the commercial or industrial district abuts a
lot in a residential district, there shall be provided on the
commercial or industrial lot a front yard equal in depth to
one-half the required front yard depth of the residential district.
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2. Side Yard Transition.
Where a lot in the commercial or industrial district abuts a lot
in a residential district there shall be provided on the commer-
cial or industrial lot aside yard equal in width to that required
in the residential district.
3. Corner Lot Requirements.
On every corner lot in a residential district there shall be pro-
vided on the side street a side yard equal in depth to one-half
(1/2) the required front yard depth.
4. Terraces and Unenclosed Porches.
Po paved terrace or an unenclosed porch, shall not be closer
than 5-1/2 feet at any point to any lot line.
5. Enclosed Porches.
.Any enclosed porch shall be considered a part of the building in
the determination of the size of yard or lot coverage.
6. Projecting 1'. rchitectural Features.
The space in any required yard shall be open and unobstructed
to the sky, except for the ordinary projections of window sills,
belt courses, cornices, eaves, and other architectural features,
shaE not project more than t'vo (2) feet into any required yard.
7. Fire Escapes.
Open fire escapes may extend into any required yard not more
than three and one-half (3-1/2) feet.
8. Accessory Buildings.
Accessory buildings, including garages, unless within or attached
to the dwelling, shall be located not less than sixty (60) feet from
the front line in all residential districts. Said buildings shall be
located not less than two (2) feet to the side or rear lot line and
not nearer than six (6) feet to the main building.
(See Appendix for diagram)
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C. Offstreet Parking
In order to reduce congestion in the streets the following offstreet
parking spaces shall be provided and maintained, by the Owner of
the property, for each building which, after the date of this ordin-
ance, is erected, enlarged or altered for use for any of the follow-
ing purposes:
1. Dwelling - at least one parking space for each dwelling unit in
the building or buildings.
2. Auditorium, stadium, theater or other places of public assembly;
establishments for the sale and consumption on the premises of
food or beverage - at least one parking space for each 150 square
feet of floor area.
3. Dance halls, skating rinks. and assembly halls without fixed
seats - at least one parking space for each one hundred (100)
square feet .of floor area used for dancing, skating or assembly.
4. Hotel - at least one parking space for each two (2) guest sleeping
rooms.
5. Retail stores, office buildings, clinics - at least one parking
space for each five-hundred (500) square feet of floor area.
6. Shops, wholesale distributors, industrial or manufacturing es-
stablishments - at least one parking space for each one thousand
(1,000) square feet of floor area or for each five (5) employees
on the largest shift, whichever is greater.
All required parking spaces shall be on the same lot with the building, ex-
cept that if the Governing Body determines that it is impractical to pro-
vide parking on the same lot, said Governing Body may permit the parking
spaces to be on any lot within five-hundred (500) feet of the building.
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Section 13. Unit Plan Regulations
A. Industrial Park Development.
The Owner or Owners of any tract of land comprising an area of not
less than 80 acres may submit to the Governing Body of the City, a
plan for the use and development of all the tract of land for purposes
of an industrial park. After study, the Governing Body may approve
or disapprove the development plan. If the development plan is ap-
proved, the Governing Body may authorize the issuance of a building
permit and certificate of occupancy even though the us e of the land
and location of structures do not conform in all respects to the regu-
lations contained in other sections of this ordinance. If the develop-
ment plan is approved, the Governing Body shall make a report stating
the reasons for approving the development plan and specific evidence
and facts showing that the proposed development meets the following
conditions:
1. No building or premises shall be used, erected, or altered until
and unless a permit for the contemplated development has been
secured from the Governing Body. There shall have been filed
with the Governing Body, a written application for said permit.
Said application shall be accompanied with the following infor-
mation:
a. The location of present and proposed buildings. parking
lots, driveways, and other necessary facilities indicated
on a plot plan.
b. Preliminary architectural plans for the proposed building
or buildings.
c. A written description indicating the effects of the indus-
trial operations in producing problems of glare. noise,
odor, sewerage. fire hazards, air pollution. or water
or of excessive traffic congestion or other factors detri-
mental to the safety, health and welfare of the community.
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d. .Any other information the Governing Body may deem as
necessary to adequately consider the cost of providing
municipal services to the area and the effect the proposed
uses may have upon the surrounding properties.
2. Uses Permitted.
a. No residential use is permitted.
b. Wholesaling, manufacturing, jobbing, warehousing, or
business of a similar nature subject to the regualtions
as hereinafter specified.
c. Any use which may be or may become a nuisance or annoy-
ance by reason of excessive emission of noise, smoke,
fumes, odors, vibrations, glare. or sirr"ilar substances
and conditions or by reason of unsightliness shall be
prohibited. Standardized measurements taken by standard-
ized methods and equipment shall be used as proof of non-
compliance and the cost of said measurements shall be
borne by the occupant.
B. Required Lot Area.
Individual building sites shall be of such size that all space require-
ments of this ordinance are satisfied and be of such size that the
development will have architectural unity.
C. Yards Required.
Each lot shall have front, side and rear yards not less than the depths
and widths following:
1. Front yard depth: 60 feet. Required front yards shall be
landscaped and maintained to provide an attractive setting
for the building.
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2. Rear yard depth: l5 feet. Where the rear yard abuts a lot in
a residential district, said rear lot depth shall be 30 feet.
Required rear yards shall be planned and maintained to pro-
vide a sightly and well kept condition.
3. Side yard width: 10 feet. Where the side yard abuts a lot in
a residential district, said side yard width shall be 30 feet.
Required side yards shall be planned and maintained to pro-
vide a sightly and well kept condition.
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Section 14. Mobil Home Park Regulations
(sFE
70-i)
The following regulations shall apply to all mobil home parks:
P. Uses Permitted.
1. Mobile home parks are permitted in the Light Industrial districts.
2. No lot or parcel of land shall be used until and unless a permit
has been secured from the Governing Body. There shall have
been filed with the Governing Body a written application for
said permit. Said application shall be accompanied with the
following information:
a. A plot plan showing the location of present and proposed
buildings, driveways, proposed location of units and
sanitary conveniences.
b. A statement relative to water supply, sewage and garbage.
c. .A. copy of the plans and specifications of all proposed
buildings.
d. The location and legal description of the mobil home park.
B. Building Height Limit.
No building shall exceed two and one-half (Z-l /2) stories, nor thirty-
five feet (35').
C. Required .Area for a Mobil Home Space.
Mobile home spaces shall be provided, consisting of a minimum of
1800 square feet for each trailer coach space which shall be clearly
defined and marked.
D. Percentage of Lot Coverage.
l\.10bile home units shall not cover more than 50 per cent of the area
of the mobile home space.
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E. Yards Required.
No mobile home shall be located closer than 12 feet fronl any other
trailer or from any building within the mobile home park or from
any property line bounding the mobile home park.
F. Vehicular Access and Automobile Parking.
1. JIll mobile home spaces shall abut upon a driveway of not less
than eighteen (18) feet in width, which shall have unobstructed
access to a public street or highway, and the sole vehicular
access shall not be by an alley, and all dead-end driveways
shall include adequate vehicular turning space.
2. PH driveways within the mobile home park shall be all weather
with a minimum of six (6) inch stabilized aggregate surface
course and lighted at night with electric lamps of not les s than
fifty (50) watts each, spaced at intervals of not more than one
hundred (100) feet.
3. .P: rrinimum of one off-driveway car parking space shall be main-
tained for each mobile home space.
G. Additional Mobile Home Park Regulations.
1. The mobile home park shall be located on a well drained site,
properly graded to insure drainage.
2. One or more playgrounds shall be provided which are of at least
twenty-five hundred (2, 500) square feet in area or at least
twenty-five (25) square feet per mobile home space, whichever
is greater.
3. The entire mobile home park will be enclosed within a fence, or
by other means, approved by the Governing Body.
4. One or more service buildings shall be constructed in accord-
ance with the provisions of the building, plumbing and electrical
codes of the City for any mobile home park, providing spaces
for dependent mobile home spaces. Such service building(s)
shall:
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a. be adequately lighted,
b. have the interior finished with moisture-resistant material
to permit frequent washing and cleaning.
c. have adequate heating facilities for the building and equip-
ment which will furnish an ample supply of heated water dur-
ing time of peak demands,
d. be well ventilated with all openings effectively screened.
A service building shall not be required if independent mobile
home spaces only are provided.
H. Issuance of Mobile Home Park Perrroit.
Upon the finding by the Governing Body that the proposed mobile home
park will constitute a development of sustained desirability, that it
will not result in'an over-intensive use of land, that it will not result
in undue traffic hazards, and not otherwise be detrimental to the health,
safety and welfare of the community the Governing Body may issue a
permit or permits for:the pr-9posed mobile home park.
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Section 15. Definitions
All words used in this ordinance shall carry their customary meanings ex-
cept where specifically defined herein. Words used in the plural include
the singular. and the present tense includes the future; the word "building"
includes the word" structure"; the word "lot" includes the word "plot" or
"parcel"; the word "person" includes a corporation as well as an individual;
"occupied" or lfused'l shall be construed to include the words, "intended,
arranged, or designed to be used or occupied'l; the term "shall" is always
mandatory.
Accessory Use: .A. use customarily incidental to the principal use of the lot.
Alley: A narrow service way providing a secondary means of access to
abutting properties.
Alterations: A change or rearrangement in the structural parts or in the
existing facilitie s, or an enlargement of a building or structure.
Boarding House: Any private dwelling in which three or more persons
either individually or as families are housed or lodged for hire with
or without meals, and in which no transients are accommodated. A
rooming house shall be deemed a boarding house.
Building: Any roofed over structure intended for shelter.
Building. Accessory: Subordinate building, the use of which is incidental
to that of a main building on the same lot.
Building Height: The vertical distance measured from the average eleva-
tion of the finished grade at the front of the building to the highest
point of the roof for flat roofs. to the deck line of mansard roofs.
and to the mean height between eaves and ridge for gable, hip and
gambrel roofs. (See Appendix)
Building. Main: A building devoted to the principal use of the lot on which
it is located.
City: City as used in this ordinance shall mean the City of Wylie, Texas.
Commercial Use: Any land or building designed or designated to be used
for commercial purposes, which shall include such land or buildings
used for retail sales and office us e.
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Court: An open space on the same lot with a building bounded on two or
rrore sides by the walls of such building.
Court, Inner: A court bounded on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable.
Court, Outer: An court other than an inner court.
Coverage: The percent of lot area covered by buildings.
Dwelling: Any building used primarily as living quarters for one or more
families.
Dwelling. One-Family: A detached building used priwarily for living quarter~
accommodating but one family.
Dwelling, Two-Farrily: A detached building used primarily for living
quarters accommodating two families.
Dwelling. Multiple-Family: A building or portion thereof accommodating
three or more families living independently of each other.
Family: One or more persons occupying a premise and living as a non-profit
housekeeping unit.
FarrI": Any parcel of land containing at least ten (lO) acres which is used
for gain in the production of agricultural products.
Filling Station: Any area of land. including structures thereon, that is
primarily used or designed to be used for the supply of gasoline or
oil or other fuel for the use in motor vehicles and which may include
facilities used or designed to be used for parking. greasing. washing,
spraying, or other cleaning and servicing of such motor vehicles.
Floor Area: The sum of the gros s horizontal areas of the several floors
of a building excluding areas not normally con'sidered rentable areas.
Garage, Private: An accessory building for the storage of one or more
motor vehicles, provided that no business, occupation or service is
conducted for profit therein nor space therein for more than one car
is leased to a non-resident of the premises.
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Garage, Public: Any garage other than a private garage, available to the
public, operated for gain, and which is used for storage, repair,
rental, greasing, washing, servicing, adjusting or equipping of
automobiles or other motor vehicles.
Governing Body: The City Council of the City or any duly appointed official.
officer, or agency designated by said City Council to execute the
provisions of the Zoning Ordinance.
Home Occupation: A profession or an occupation which:
a. Is clearly incidental and secondary to the use of the dwelling for
residential purposes and does not change the character thereof.
b. Produces no offensive noise. vibration, smoke, dust, odors, heat
or glare.
c. Employs not more than one person outside the immediate family
residing on the premises.
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d. Offers no articles for sale except such as may be produced on the
premises.
e. Is carried on wholly within dwelling on the premises with no ex-
terior storage, no exterior display and no exterior advertising
except a small name plate no larger than one (1) square foot.
f. A home occupation includes, but is not limited to the following:
Art Studio
Drcf; ,>making
Prof~ssional office of a physician, dentist, lawyer, engineer,
architect or accountant, within a dwelling occupied by same
Teaching, with musical instruction limited to a single pupil at
a time
Although, a home occupation shall not mean to include:
Barber shops and beauty shops
Commercial stables and kennels
Restaurants
Uses of a similar character
Hospital: A building need for the diagnosis. treatment or other care of
human ailments.
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Hotel: A building containing rooms intended or designed to be occupied as
the more or less temporary abiding place of individuals and where
no provision is made for cooking in any individual room.
Hotel. Apartment: A dwelling primarily occupied by permanent guests and
not transients which may include restaurants, newstands, and other
accessory services primarily for serving its occupants and only in-
cidental to the public.
Junk Yard: A lot, land, or portion thereof us ed primarily for the collect-
ing. storage and sale of junk including paper, rags, scrap metal or
other discarded material, or the dismantling. demolition. sale or
abandonment of automobiles or other vehicles or machinery or parts
thereof.
Lot: A parcel of land considered as a unit occupied or to be occupied by a
building and its accessory buildings together with such open spaces
as are required under this ordinance.
Lot, Corner: A lot at the junction of a fronting on two or more inters ecting
streets.
Lot, Depth of: A mean horizontal distance between the front and rear lot
lines.
Lot, 'Vidth of: The mean width measured at right angles to its depth.
Lot Lines: Any line dividing one lot from another.
Mobile H~me: A vehicle used or constructed to be used for living or sleep-
ing purposes and designed for being conveyed upon the public streets
and highways.
Mobile Home, Dependent: A mobile home which does not have a flush toilet
and a bath or shower.
Mobile Home, Independent: A mobile home having a flush toilet and a bath
or shower.
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Mobile Home Park: Any part, lot or site whereupon a mobile home or
homes as herein defined are located and maintained or intended to be
located and maintained whether for or without compensation for such
accommodations.
Mobile Home Space: A plot of ground '\.vithin a mobile home park designated
as the location for only one mobile home and not used for any other
purposes whatsoever other than the customary accessory uses thereof.
M.otel: A building or buildings containing sleeping accommodations for tran-
sient occupancy and having individual entrances.
Non-conforming Uses: Use of a building or of land that does not conform to
the regulations as to use for the district in which it is situated.
....
Natural Production Us es: A production use which shall be directly dependent
upon the natural resources of the area. such uses being gravel pits.
rock quarries or areas containing natural gas.
Parking Space, Offstreet: An offstreet space available for the parking of
one motor vehicle and having an area of not less than one hundred
and eighty (180) square feet exclusive of driveways and having direct
access to a street or alley.
Residential Use: Any land or building designed or designated to be used
for residential purposes which shall include such land or buildings
used for one or two family residence, apartment houses and multiple
family dwellings.
Sign: Any device which directs attention to a business, commodity, service
or entertainment but not including any flag, badge or insignia of any
government agency, or any civic, charitable, religious, patriotic or
similar organizations.
Stable, Private: An accessory building in which all of the horses housed
are the property of the owner or leqsee or of his immediate family.
Stable, Public: A building in which any horses are kept for remuneration,
hire. or sale.
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Story: That part of a building between the surface of a floor and the ceiling
immediately above.
Story, Half: A story under a gable, hip or gambrel roof. the wall plates of
which on at least two opposite exterior walls are not more than two
feet above the finished floor of such story.
Setback: The minimum horizontal distance between the street line and front
1 ine of a building.
Street: A public thoroughfare which affords the principal means of access
to the abutting property.
Street Li.ne: The legal line between street right-of-way and abutting property.
Structural Alterations: Any change in the physical structure of a building.
Structure: Anything constructed or erected, the use of which required loca-
tion on the ground or attached to something having location on the
ground.
Use: The specific purpose for which land or a building is designed, intended,
or for which it is or may be occupied or maintained.
Yard: An unoccupied space open to the sky. on the same lot with a building.
Yard. Front: A yard between the front line of the building and the front
line of the lot and extending the full width of the lot.
Yard, Rear; A yard between the rear line of the building and the rear lot
lines and extending the full width of the lot.
Yard, Side: A yard between the building and the side lines of the lot and
extending from the front yard to the rear yard.
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Section 16. Regulations for Nonconforming Uses
P. P_ny lawful use of property existing at the ti:::ne of the enactment of this
ordinance which does not conform to the regulations prescribed herein
for the respective districts, shall be clas sified a nonconforming use.
Such uses shall be allowed to continue 2.lthough the use does not con-
form to the regulations prescribed by this ordi::lance, but in no case
shall the property be classified as a ccniorming use. A building may
be structurally altered subject to the follwoing regulations:
1. P,ny structure or part thereof that is declared unsafe. may be re-
stored to a safe condition.
2. P_ny nonconforming building may not be reconstructed or struc-
turally al~ered during its life to exceed a cost of fifty (50) per
cent of the appraised value of the building unles s the building is
char.ged to conform witn tile regulations of the district.
3. There shall be no extension of any building for a nonconforming
use.
4. Any building damaged by fire or other causes to the extent of fifty
(50) per cent of its appraised value shall not be repaired or re-
built unless it is in conformity with the regulations of the respec-
tive district.
5. Upon the discontinuance of a nonconforming us e for a period of
one year, the use shall not be re-established. .Any future use
shall be in conformity with the regulations of the respective
district.
6. No nonconforming use changed to a conforming use shall be allowed
to revert back to a nonconforming use.
7. No nonconforming use shall be extended to replace a conforming
use.
8. If the boundaries of a district shall be changed so as to transfer
an area from one district to another district with different regu-
lations, the above provisions shall apply to any nonconforming uses
existing in this district.
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Section l7. Special Permits
The Governing Body may is sue special permits for any of the uses which
require such permits, including the extension of structures or uses, into
a more restricted or contiguous district, existing prior to the enactment
of this ordinance, but for no other purpose or use. A special permit shall
not be granted unless the Governing Body finds that the use for which the
permit is sought will not be injurious to the neighborhood or detrimental
to the public welfar e .
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Section 18. P. dministration and Enforcement
p. . Administration and Enforcement.
This zoning ordinance shall be administered and enforced by the
Governing Body. Pny appeal concerning the decision of the Govern-
ing Body may be made to the Board of Adjustment as provided in
Section 20.
B. Building Permits.
1. There shall be no building or structure erected, added to or
structurally altered unless there has been a permit issued by
the Governing Body. Except upon a written request from the"
Governing Body, no such building permit or certificate of occu-
pancy shall be issued for any building where said construction,
addition or alteration or us e thereof will not conform to any of
the regulations of this ordinance.
2. "'lith all applications for building permits there shall be submitted
two copies of a layout or plot plan drawn to scale showing the
actual dimensions of the lot to be built upon, the exact size and
location on the lot of the building and accessory buildings to be
erected and any other information necessary to determine and
provide for the enforcement of this zoning ordinance. A careful
record of these applications and plot plans shall be kept in the
office of the Governing Body.
C. Certificate of Occupancy.
1. No building hereafter erected or structurally altered shall be used
or changed in use until there has been a certificate of occupancy
issued by the Governing Body. stating that the building or pro-
posed use complies with the regulations of the respective district.
2. A certificate of occupancy must be applied for coincident with the
application for a building permit. There shall be no permit for
excavation, erection alteration or repairs to any building issued
until an application is filed for a certificate of occupancy. The
certificate shall be is sued within 10 days after any of the afore-
mentioned alterations have been approved or compliance with the
regualtions of this zoning ordinance have been satisfied.
3. A record of all certificates shall be kept in the office of the Govern-
ing Body and copies shall be furnished, upon request, to any per~on
having a proprietary or tenancy interest in the building affected.
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Section 19. Violations and Penalties
Violation and Penalties.
P. violation of this ordinance shall be considered a misdemeanor
punishable by a fine not exceeding Two Hundred Dollars ($200.00).
Notice, in writing. shall be given to the effect of any violation of
this ordinance. pfter such notification, a reasonable time limit
will be established, at the discretion of the Governing Body, for
correction of the violation. Each day the violation continues to
exist, after expiration of allotted time, constitutes a separate
offense.
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Section 20. Board of Adjustment
A. Creation of Organization.
The Board of l_djustment is hereby established. The Board shall con-
sist of 5 members. The Board shall appoint one of its members as
Chairman, appoint a Secretary. and shall prescribe the rules for the
conduct of its affairs.
B. Power and Duties.
The powers and duties of the Board of Adjustment shall be as pre-
scribed by Article lOllg of revised civil statutes of the State of Texas
and as it may hereinafter be ammended. and this ordinance as herein
specified.
1. Interpretation.
To hear and decide all appeals from the decision of an enforcin.:2:
officier involying the interpretation of any regulation of this
ordinance.
2. Variances.
To vary or adopt any regulation of this ordinance when any such
regulation results in practical difficulty or unnecessary hardship
that would prohibit the owner from the reasonable use of the land
or building involved, but in no other case. .A favorable vote of
4 of the 5 members of the Board is required to vary any regula-
tion of this ordinance.
No variance of any regulation shall be granted by the Governing
Body unles s they find:
a. That there is proof of the hardship and the conditions and
circumstances are peculiar to such land or buildings and
that these conditions and circumstances do not generally
apply to the neighborhood.
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b. That the variance granted by the Governing Body be the
minimum variance possible to accomplish the purpose of
providing for the reasonable use of the land or building.
c. That the granting of the variance not change the essential
character of the neighborhood and shall be in accordance
with the general purpose and intent of this ordinance.
3. Procedure.
The Governing Body shall act in strict compliance with the pro-
cedure prescribed by law and this zoning ordinance. The appeals
and applications made to the Governing Body shall be made in
writing on forms prescribed by the Governing Body. Back appeal
or application shall state the interpretation that is claimed, the
use for which the permit is sought, or the details of the variance
applied for and the reasons why the variance should be granted.
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Section 21. Interpretation of Ordinance
1.. Interpretation, Conflict with Other Laws.
b the interpreting or applying the provisions or this zoning ordinance,
they shall be held to be the minimum requirements adopted for the
promotion of the public health, morals, safety, convenience, com-
fort, and general welfare. Whenever the requirements of this or-
dinance are in conflict with the requirements of any other local
statute, ordinance or regulation, the most restricted or that impos-
ing the higher standards shall govern.
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Section 22. Ammendments and Changes
P. Procedure.
1. The City Council may from time to time amend, change. modify
or repeal any portion of the zoning ordinance or zoning map
provided there is such a request in the form of a motion from
the City Planning Commission, or a motion originating within
the City Council, or a petition signed by fifty (50) per cent of
the interested property owners.
2. Every proposed amendment or change, whether originating with
the City Planning Commission, the City Council, or by petition,
shall be referred to the City Planning Commission for a report
thereon and a public hearing provided for.
3. It will be the duty of the City to fix the time and place of a public
hearing on the proposed amendments and changes in the zoning
ordinance or zoning map.
B. Protest AgaL.""lst Amendments or Changes.
If there is a protest against a proposed amendment or change by
twel;.ty (20) per cent or more of the property owners adjacent
to:
1. Pny frontage to be altered by the proposed changes; or
2. Any of the frontage immediately adjacent to the rear thereof
exte:1.ding 200 feet there from; or
3. Any of the frontage directly opposite the frontage proposed to
be altered and extending 200 feet from the street frontage of
such opposite lots.
Su.ch amendment or change shall net become effective except by a
favorable vote of tn.!"ee-fourths (3/4) of the City Council.
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Section 23. Validity Clause
A. Validity.
-..., .
Should any section or provision of this ordinance be declared invalid.
such decision shall not affect the ordinance as a whole or any part
thereof except the section or provision so declared to be invalid.
Section 24. Effective Date
A. Effective Date.
Old
~-;y-
day of
T..lis
z~ce shall take
effect the
, 19
Mayor
e ;T I~ A- L-c..-
Pttest:
City Clerk
V,{/~t'Oa- G:n-.?~46-t~Z
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