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HomeMy WebLinkAboutORD 1982-073 1 Y:T-.� . . . . . . ... . - � - .. � . ..... � . . . � . . . . .. � . . � ' _ .7-A-�W.11'x°ya�t-.;}'•+,=�".2ti`�:�yy� �J� . .�. . - . _ . ". _ _ ��SYM. 1v.i� VY�.�.: .6 ..\^,. '�'4a. � . . . . . . . . . . . . . . . . . . . .. , . . .. . . .- . 'r._..:'�"� .._ ... - . ._..< . . . . . . CITY OF GRAPEVINE COMPREHENSNE ZONING ORDINANCE NO. 82-73 . . � . . .;. .. - � -;� :-r - . . .. - .. . . '�1..� _._ �..a.' . .. � .' . . _,+� �.:r� .:•�o: � r�{�.�%. _X:i r K�K.'a'�+�,fy�zt'pEy��t-ti .�+�h'�?'1L1'ti Sc7��=.�-I ,-,:r . .... . . .._. .... . .....�. ..� .. _....- .....,..w.'.Na.retiwril��'-. ...... ...r...r�..' . .. _ . . . � . _ti.. . . . . e . . _ . ... ,.. .. _ _ .. . INDEX SECTION PAGE TITLE 1 3 Preamble 2 3 Purpose 3 4 Districts and Boundaries Thereof 4 4 Zoning Map � 5 4 Land to be Used as Required by District Regulations 6 5 Newly Annexed Territory ? 5 R-20 Single Family District Regu'_�tions 8 7 R-12.5 Single Family .,D,istrict Regulations 9 9 R-7.5 Single Family District Regulations 10 11 R-3.5 Two Family District Regulations 11 13 R-3.5 Three and Four Family District Regulations 12 15 R-MF-I Multi-Family District Regulations 13 17 R-MF-2 Multi-Family District Regulations 14 19 R-TH Townhouse � 15 21 R-MH Mobile Home 16 23 R-MOD.H Modular Home District 17 25 P-0 Professional Office ' - 18 27 C-N Neighborhood Commercial 19 29 C-C Community Commercial District 20 31 C-OU Commercial Outdoor District 21 33 C-W Commercial Warehouse District 22 35 M-FW Freeway District (i) � :,t� � . .�. ,�.,,,r.,..�,_,.. ,,. _ . �• '� .> - . . ;, �>• �. �.:.� .... .,.i4 sA�.in_ �; . � ?,:-.f��.'.�•: ,'+ ..,.�w3� ='t�:> ..�.w I�i.rr :u.�i i- �,.n,'::. rx a�y' -3�' .r, v • . . . .. _ . . • . . . . . . . .. . .. � . - . . ' . . ..,. � .— . .,.. , . �. 'i3.� .Y', :: ' ... . . . .. ...... . ,.. . ... ..... .. ...... ........,.. . . . ... . . . ' . . . . .. . .. .. _. .. ... _. . .. . � -:Kr..-...r��.JF:+iYi�ic�.. . SECTION PAGE TITLE 23 3 7 ML Light Industrial District 24 39 IPAR Industrial Park Airport Related 25 4 2 S-P Site Plan District 26 44 PUD Planned Unit Development 27 54 Railroad Rights-of-Way arxd Tracts Z8 55 Temporary Uses 29 56 Sale of Alcoholic Beverages 30 58 Screening 31 fi 0 LandscaQing 32 62 Masonry Requirements 33 63 Performance Standards 34 66 Off Street Parking Requirements 35 69 Off Street Loading Requirements 36 71 Parking and Loading Area Development Standards 37 73 Accessory Buildings 38 74 Corner Lots 39 ?4 Height Limits 40 75 Required Yards 41 76 Projections into Required Yard� 42 78 Right-of-Way and Easement Dedication Requirements 43 81 Certificate of Occupancy 44 82 Non-Conforming Uses and Structures 45 86 Completion of Existing Buildings 46 86 Existing Zoning Regulations, Designations and Changes 47 87 Zoning Designation of Vacated Streets and Alleys (ii) � . . •- ... . '.� . . .' ..f'� ._ . . . ... . ...� . . . . .... '- .. . - . . � ' .. . � . � � . - •� . . ' . _ . ' ';'V�L'b�.U,''a�e:,'-At±.J.+.y�j.fi�n ,�.�i�C,.�i,,ryK'::"y.�.,�, 39�,�r7'�'y.+,g,�.•±;f'��a�'rt51`.'i*--r;��:'�.'G ,�.�''� ' Y.",�>�..�'�e3'��.t':;. �rx' . '�-^','k ._�� ..•'�'. . ''`�. ._. .. ..*. . . SECTION PAGE TITLE 48 8 8 Application for Zoning Changes 49 89 Board of Adjustment 50 92 Rules for Interpretation of District Boundaries 51 93 Definitions 52 10 5 ' Changes and Amendments 53 106 Ordinances not Repealed 54 106 Penalty 55 106 Exceptions and Exemptions Not Required to be Negated . 56 106 Catchlines - ; 57 106 Savings Clause 58 106 Emergency (iii) -. - - _ , _ , . , . . -� . , .� .�::-- ;� / � . �:.�•.: ?a+. . ?4 � .. . _ . . . ..:. . . . . �- . .��..- ♦ - ,i�. .I.''"�.et+.i x :1.t f�d.r:� +qtitr��4.i+ .rn�res�.y.d�^'•++"t3'�e � �� hJ -^4 i1 :'.'�'�+ C-v�.l...a.^*..�c- . . . . ,. .. . .- . S" .•Z. . c.-: . -. . � �._ . ..�_._... � .. .. .. ..r. ORDINANCE NO. 82-73 An Ordinance adopting a Comprehensive Zoning Ordinance for the City of Grapevine, Texas to: 1. Establish zoning districts; 2. Regulate the height and size of buildings and other structures; 3. Set the percentage of the tract that may be occupied, and for � what purposes; 4. Establish the minimum setbacks and other open spaces, and the density of population; 5. Regulate the location and use of buil�ings, structures and land for residence, business, trade, commerce, industry or other purposes; 6. Regulate the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within such districts; 7. Provide for other requirements, condititons, limitations and other criteria for the use and development of property. Establishing Zoning Districts and boundaries, providing for zoning maps and zoning of newly annexed territory, establishing and creating: �; - 1. Single family districts - R-20, R-12.5, and R-7.5; 2. Two family district - R-3.5; 3. Three and four family district - ft-3.75; 4. Multi-family districts- R-MF-1 and R-MF-2; 5. Townhouse district - R-TH; 6. Mobile home district - R-MH; ?. Modular Home District - R-MOD.H; 8. Professional office district - P-O; � 9. Neighborhood commercial district - C-N; 10. Community commercial district - C-C; 11. Commercial outdoor district - C-OU; 12. Commercial warehouse district - C-W; - . 13. Freeway district - M-FW; 14. Light industrial districts - ML; 15. Industrial park - airport related district - IP-AR; 16. Site plan district - S-P; 17. Planned unit development - PUD Providing for railroad rights-of-way and tracks, temporary uses of property, ( performance standards, off-street parking requirements, off-street loading ' . requirements, parking and loading area development standards, parking lots and public garages and filling station standards, accessory and principal building l„ standards and requirements, corner lot standards and requirements, height limitations, required yard and setback areas and projections into required yards. Providing for dedication of public parks, public streets, public drainage and utility easements to adequately serve the property at no cost to the City of Grapevine. Providing for screening, landscaping, buffering, walls and fences. -1- .. . . - , . . . .. _ . ;'� . . #�a ;. .,... . ..;M.^�`�Jy�•�i�� ti�M<.. �{�.�i1•'f :�.1. •'�'.�, . . -.. . _ -. � r M.-.�.� '4 t.�1 '..: . ' '.� . •.. .. ,..'• , ..�qu , . ..'. 'w � ��: .ry�.iy.. ��s�.�.i .. .r'.' �:':: _ ., . • . :. ., .. . . . �.- .��... �:a _.'. . .W -.. ._ '.. -�;.).� Providing for a Certificate of Occupancy compliance, and non-conforming uses and completion of existing buildings. Requiring site plan district zoning where the storage, possession, sale, serving or consumption of alcoholic beverages are permitted by the law of the State of Texas, and providing for standards and special regulations within such district. Providing that Ordinance No. 70-10 of the City of Grapevine passed and approved by the City Council of the City of Grapevine, April 7, 1970 as amended, and Ordinance No. 55-6 passed on August 2, 1955, all zoning district regulations and zoning classifications heretofore established under said Ordi- nances and as indicated upon the Official Zoning Map of the City of Grapevine shall remain in full force and effect until amended or changed to conform to the districts, regulations and zoning classifications of this ordinance. Providing a procedure for changing existing zoning to district uses, classification and regulation under this ordinance. Providing for zoning maps and use designations and changes. - Providing that uses now prohibited by other ordinances shall not be perrr,:tted. r . � i Providing for applications for zoning changes, fees,_ procedures and notices. Providing for a Zoning Board of Adjustment and duties of such Board. Defining certain words and phrases. Providing for changes and amendments of the Ordinance, zoning districts, zoning � use designations and classifications and procedures. Providing that all new applications for zoning changes shall be granted under this ordinance. Providing for enforcement of the terms and provisions of this ordinance. Providing for a penalty of not less than one dollar nor more than two hundred dollars for a violation of the terms and provisions of this ordinance. Providing that each day any violation or non-compliance continues, shall constitute a separate offense. Providing that exceptions need not be negatived in complaints. Providing for catchlines, saving clauses and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEYAS: -2- . , . , s':. � - ' - . . . ...._ . � . � . . . . ��_:yo.�.�.i�.. • . . . ... . . . .. ' . . . . ...... . f"''. -.. . . . � • . . .. .... . . Y � �;1a.h+ ��T r,4.�t '-,✓ ,�. �,��«µ�N��:r� •r R,a„a`•,1:�ff��y�{��i�{..(�g������'� �Y� �,;�` � �yr �;.. . . . : . :. � ' � •T•'`'. .. : f . \.�. L... �...;��t' �i. >.! Lnrf'"'�!r�4ti^[�..��h�I�M~Il� -N��d" 1, �'S�`� f wi' �t��i Y -. 4.:.« , - • . ., : .. . .. ... `;i i l ,�' . -. :. ., , . � -.SW!...�wa. .� . At�T+..._� _. .. .. ' i . .�ri��J'�.i... .� .. . .,� � „ � ....�::.�..�. ...�� . .....'... ..-�-�f�.'-.., .. . .::,r.rn,.���..�_'_-.• _ . � . . . . . - . .. . . . � . . . . . . SECTION 1 PREAMBLE THIS ORDINANCE SHALL BE KNO�VN AND b'1.AY BE CITED AND REFERRED TO AS THE 1982 COMPREHENSNE ZONING ORDINANCE OF THE CITY OF - GRAPEVINE, TEXAS. SECTION 2 PURPOSE . The zoning regulations as herein established and the districts as herein established have been made in accordance with a comprehensive plan heretofore adopted and approved for the purpose of promoting health, safety, morals and the general welfare of the City. They have been designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of trans- portation, water, sewerage, schools, parks and other public requirements. The zoning regulations have been made with reasonable consideration, among other things, for the character of the district and its special suitability for the particular use, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the City. r -3- i . . .... , .. �. . '. ., _- �'�. � •-- -� • . . _•» :ti ��'..... �: ..=-^; �+. .� Y. j' .,^'y1 � j, t: '}. . u - - . . .�i. i �..(.�.+./' o� , ��• . .. . . . . . .. .. . . ..... _-..._........,.. _. ..:;-.�.,..��....�r.r�.«+c_•.�'.r:�.:.ra.L'�h:rEf'.r� __ " SECTION 3 DISTRICTS AND BOUNDARIES THEREOF The City of Grapevine is hereby divided into twenty (20) types of districts. The use, height and area regulation are uniform in each district. These districts shall be known as: R-20 Single family district R-12.5 Single family district R-7.5 Single family district R-3.5 Two family district R-3.75 Three and four family district R-MF-1 Multi-family district • R-MF-2 Multi-family district . . R-TH Townhouse district R-MH Mobile home distict R-MODH Modular home district P-O Professional office district C-N Neighborhood commercial district C-C Community commercial district C-OU Commercial outdoor district C-W Commercial Warehouse - M-F W Freeway district ` ML Light industrial district IPAR Industrial park-airport related S-P Site plan PUD Planned unit development district SECTION 4 ZONING MAP The boundaries of the districts herein authorized and as hereafter defined and as established by the City Council of the City of Grapevine shall be indicated upon the zoning map of the City of Grapevine, Texas, hereof which shall be on file in the office of the City Secretary of the. City of Grapevine. SECTION 5 LAND TO BE USED AS REQUIRED BY DISTRICT RE- GULATIONS No land shall be used for, and no building shall be ereeted for or converted to any use other than as provided in the regulations prescribed for the district in which it is located, except as hereinafter provided. -4- � - - _ _ �-_ , . .. . . ={:. . _ _ �a i �-3C}C.,� .a^"�. .: rry . . . . _ '. . . _ . —..' . �. "t �. .?�a j. -h- .4q'�,�."�i��'?y�iy�r.r,�-�.-ner*.s`-:-,,,�"'Tx'�'3�.'".�.'wu tr ..�f ti i:i�: .w"+�'>%L+�-yy:.. ;. .. . � . . . . . ... .:_ ._...�.. . ..�. .. _._.._. .....�....._- . . _. ... . _ _ SECTION 6 NEWLY ANNEXED TERRITORY All territory to the City of Grapevine after the date of passage of this Ordinance shall be automatically classified for R-20 Single Family District purposes until permanently zoned by the governing body of the City of Grapevine. The City Planning and Zoning Commission shall, as soon as - practicable, after annexation of any territory to the City of Grapevine, institute proce�dings on its own motion to give the newly annexed territory a permanent zoning and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations. SECTION 7 R-20 SINGLE FAMILY DISTRICT REGULATIONS PURPOSE: The (R-20) Single-Family District is established to provide for areas requiring minimum lot sizes of 20,000 square feet in order to promote lower population densities and establish or maintain a rural character within the subdivision. This district is appropriate for those areas exhib�iting large lot development and maintaining a rural environment, and for newly annexed territory into the City of Grapevine. In an R-20 single family district no land shall be used and no building shall be erected for or converted to any use other than: A. PRINCIPAL USES: The following uses shall be permitted as principal uses: 1. Single family detached dwellings. 2. Public and norrprofit institutions of an educational, religious or cultural type excluding corrective institutions and hospitals. 3. Governmental buildings and uses. 4. Public utility uses required to service �the district. 5. Public and private non-commercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf- courses and driving ranges. 6. Temporary buildings when they are to be used only for construction purposes or as a field office within a subdivision only. Such temporary construction buildings shall be removed immediately upon comp�etion or abandonment of construction and such field office shall be removed ! immediately upon occupancy of 95 percent of the lots in the subdivision. 7. Customary home occupation. � � _ B. ACCESSORY USES: � � The following uses shall be permitted as accessory uses to a single family detached dwelling provided that none shall be a source of income to the owner or user of the principal single family dwelling. 1. Private garage. 2. Servants quarters not leased or rented to anyone other than the family of a bona fide servant, giving more than 50 percent of his or her employed -S- . . -.... . . -- ,-. . .. _ =� . � :�. < �;�:x,•w.�_y:. .:_.:,-- , v....:. _ ._ . . . . . . . . .. . . . . _ .. . . _ . .. . . , .. . .. . �'� �:•. .`='- r h�• .. ... . - time at the premises to which the servants quarters is an accessory use and in the employ of the family occupying said premises. 3. Guest quarters, cabana, pavilion, or roofed area. 4. Private swimming pool. 5. Storage buildings 120 square feet or less, and having no plumbing. � When any of the foregoing permitted accessory uses are detached from the principal single family dwelling, said uses shall be located not less than 45 feet from the front lot line nor less than 20 feet from any street right-of-way and six feet from rear and side lot lines. . Accessory buildings more than sixteen (16) feet in height shall be set back from the rear property line six (6) feet plus two (2) additional feet for each additional foot of heig�t over sixteen (16) feet. The height of the structures shall be measured from the top of the slab or from its bottom floor. C. PARKING REGULATIONS: . Provisions for the parking of automobiles shall be permitted as an accessory use to any principal permitted use provided that such shall not be locatec on a required front yard Off-street parking shall be provided in accordance cvith the provisions of this ordinance and other applicable ordinances� of the City. D. AREA REGULATIONS: The following minimum requirements shall be required: 1. Depth of front yard.............................. 40 feet 2. Depth of rear yard............................... 25 feet 3. Width of side yard................................ 10 feet 4. Width of lot.......................................... 100 feet 5. Depth of lot......................................... 100 feet 6. Land area per dwelling unit.................. 20,000 sq. feet 7. Square footage of dwelling unit............ 1600 sq. feet 8. Only one single family detached dwell'ing shall be permitted on each lot oc lot of record as the case may be. _ E. HEIGHT AND AREA REGULATIONS. The following maximum height and area regulations shall be observed: 1. Height of principal structure. 2 1/2 stories not to exceed 30 feet. 2. Height of accessory structure 1 1/2 stories not to exceed 20 feet, except a storage building which shall not exceed 10 feet in height. 3. Lot coverage by principal � � buildings............................... 30°0 of total lot area. -6- . ;. . .., ;.�- • . .. . � . ..... . .. . -. .- - , � � ._�.,�'Y - u�+�M,�,a'rtiv . . . t�� �- �� �.. :•a.a :.,��'3��f�x�'�w�,�•fi;:;k^�>at-�-•�:oii. _`Ct4�_ '',�r...,c.X �x`•�;,t��..�:�w ,.;�:�;:: . ..- `.. . .. . .- . �:w�ri%tt.:Ld'�.rh�. ��...�_._.�n.�✓..r ...,� �..r- '. ..' .. . ... . . Y . _ .. . . . . . . SECTION 8 R-12.5 SINGLE FAMILY DISTRICT REGULATIONS: PURPOSE: The (R-12.5) Single-Family District is established to provide for areas requiring minimum lot sizes of 12,500 square feet in order to promote lower population � densities and provide the opportunity to establish a rural character within the subdivision. This district is intended to be composed of single family dwellings together with public, denominational and private schools, churches and public ' parks essential to create- basic neighborhood units. In an R-12.5 single family district no land shall be used and no building shall be erected for or converted to any use other than: A. PRINCIPAL USES. The following uses shall be permitted as princiQal uses. 1. Single family detached dwellins. 2. Public and non profit institutions of an educational, religious or cultural type excluding corrective institutions and hospitals. - 3. Governmental buildings and uses. r - 4. Public utility uses required to service the district. 5. Public and private non-commercial recreational areas and facilities such as public parks, country clubs, gnlf courses, excluding miniature golf courses and driving ranges. 6. Temporary buildings when they are to be used only for construction purposes or as a field office within a subdivision approved by the City for the sale of the real estate of that subdivision only. Such temporary construction buildings shall be removed immediately upon completion or abandonment of construction and such field office shall be removed immediately upon occupancy of 95°'0 of the lots in the subdivision. 7. Customary home occupation. B. ACCESSORY USES. - . The following uses shall be permitted as accessory uses to single family detached dwellings provided that none shall be a source of income to the owner or user of the principal single family dwelling. 1. Private garage. - - 2. Servants quarters not leased or rented to anyone other than the family of � a bona fide servant giving more than 50 percent of his or her employed time at the premises to which the servants quarters is an accessory use and in the employ of the family occupying said premises. ___ 3. Guest quarters, cabana, pavilion or roofed area. 4. Private swimming pool. 5. Storage buildings 120 square feet or less and having no plumbing. tiVhen any of the foregoing permitted accessory uses are detached from the principal single family dwelling, said use shall be located not less than 45 feet from the front lot line, 20 feet from any street right-of-way, and 6 feet from rear and side lot line. -7- � . , -_" . ' .-.. - _N .. ,.. � , . �- �.,,._,�,-, ,=� ,..,�r,i�, .._ . . .. .. , .. _ ,.. - . . .. . . . .:. ..,.,. ... . . . . . . . . . � .. • . . .. . . L .. . - . . . . .. .. . . . . . .._ . "' .. ..... �...� .. . ..����-wl�•..r�.�...� . is�i/d���;. ..... �.0�� .. � . �a�'. • . . Accessory buildings more than sixteen (16) feet in height shall be set back from the rear property line, six (6) feet plus two (2) additional feet for each additional foot of height over sixteen (16) feet. The height of the structure shall be measured from the top of the slab or from its bottom floor. C. PARKING REGULATIONS: Provisions for the parking of automobiles shall be permitted as an accessory use to any principal permitted use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the City. D. AREA REGULATIONS. The following minimum requirements shall be required: 1. Depth of front yard.............................. 35 feet 2. Depth of rear yard............................... 25 feet 3. Width of side yard................................ 8 feet - 4. Width of lot.......................................... 80 feet 5. Depth of lot......................................... 100 feet 6. Land area per dwelling unit.................. 12,SUfl �sq. feet 7. Minimum square footage of dwelling unit.......................:................. 1,400 sq. feet 8. Only one single family detached dwelling shall be permitted on each lot or lot of record as the case may be. E. HEIGHT AND AREA REGULATIONS. The following maximum height and area regulations shall be observed: 1. Height of principal structure.......... 2 stories not to exceed 25 feet 2. Height of accessory structure............... 1 1/2 stories not to exceed 20 feet, except a storage building which ' - shall not exceed 10 feet in height. 3. Lot coverage by principal building.. 409b of total lot area -8- � =�1r+'1�r.�.'k'1�E�=+��'+'�.�.i�Hi;r_ ln�`� _S �_�.17 i, r:�v t.t _ ..:5 �y Y�.L ..r' _ � _ �� _ _ . , . . , .. . ... ' . . . �� . . . . .. .. � . - . . . . '.�� . .' .. . .'.. SECTION 9 R-7.5 SINGLE FAMILY DISTRICT REGULATIONS. PURPOSE: The (R-7.5) Single-Family District is established to provide for areas requiring _ minimum lot sizes of 7,500 square feet in order to promote lower population densities within integral neigt�borhood units. This district is intended to be composed of single-family dwellings together with public, denominational and private schools, churches and public parks essential to create basic neighborhood units. In an R-7.5 single family district no land shall be used and no building shall be erected for or converted to any use other than: A. PRINCIPAL USES. 1. Single family detached dwellings. 2. Public and non-profit institutions of an educational, religious or cultural type excluding corrective institutions and hospitals. 3. Governmental buildings and uses. 4. Public utility uses required to service the district. 5. Public and private non-commercial recreational areas and facilities such as public parks, country clubs and golf courses, excluding miniature golf courses and driving ranges. 6. Temporary buildings when they are to be used only for construction purposes or as a field office within a subdivision approved by the City for the sale of the real estate of that subdivision only. Such temporary construction buildings shall be removed immediately upon completion or abandonment of constuction and such field office shall be removed immediately upon occupancy of 95°b of the lots in the subdivision. 7. Customary home occupation. B. ACCESSORY USES: . The following uses shall be permitted as accessory uses to a single family detached dwelling provided that none shall be a source of income to the owner or user of t}ie principal single family dwellings. 1. Private garage. 2. Guest quarters, cabana, pavilion or roofed area. - _ 3. Private swimming pool. 4. Storage buildings 120 square feet or less and having no plumbing. �Vhen any of the foregoing permitted accessory uses are detached from the principal single family dwelling, said uses shall be located not less than 45 feet from the front line, 20 feet from any street right-of-way, and 6 feet from rear and side lot lines. C. PARKING REGULATIONS: Provisions for the parking of automobiles shall be permitted as an accessory use to any principal permitted use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the -9- _ . .. , - .;z,�:�-_ . . __ . . . „, . - . • . . ... . .i i .: .'���..�..1'� ` -;<�'.Z ��t+.v.. . ��c.r .:`�►�. . vr•rs..-.w-�.y:id, �� � •:.,.,^,+....:-,r:�;.. �,t���:�'t nTl'a:,C�[.f�-a26...��si i."'3t+�,.?'.4'�i G�4r"f..>�1.`3+`�.�'i�T.`t►� .,�:�tr' ?:i ' . . . � � . . � . . . .. . . � . . . ... 'X'' . . , . . . . _ . . ..... . .� . .... .., ... .�t. ... .. .. . . . provisions of this ordinance and other applicable ordinances of the City. D. AREA REGULATIONS. . The following minimum requirements shall be required: 1. Depth of front yard.............................. 30 feet 2. Depth of rear yard............................... 25 feet 3. Width of side yard................................ 6 feet 4. Width of lot.......................................... 65 feet 5. Depth of lot......................................... 100 feet 6. Land area per dwelling unit.................. 7,500 sq. feet 7. Minimum Square footage of dwelling unit....................................................... 1,200 sy. feet 8. Only one single family detached dwelling shall be permitted on each lot or lot of record, as the case may be. E. HEIGHT AND AREA REGULATIONS. The following maximum height and area regulations shall be observed: 1. Height of principal structure.......... 2 stories not to exceed 25 feet 2. Height of accessory structure......... 1 story not to exceed 16 feet, except a storage building which shall not exceed 10 feet in height. 3. Lot coverage by principal building.. 40% of total lot area -10- - _ . . �._ . . , , . - �a i � ._. -�'.. : • ' . .. .. .. _... ..,... . . . . . . ... . .., '�'� i�.:'.s a >.. <^v.'i. 2n��,v 's�!qt�.rt`..%i:n-.�' �`..• '. SECTION 10 R-3.5 TWO FAMILY DLSTRICT REGULATIONS PURPOSE: The (R-3.5) Two-Family District is established to provide adequate space for medium-density, duplex type residential development, promoting a population - density of almost twice that of a typical single-family development. � In an R-3.5 two family district no land shall be used and no building shall be erected for or converted to any use other than: A. PRINCIPAL USES. • The following uses shall be permitted as pri�cipal uses: 1. Duplexes. • 2. Customary home occupation. 3. Public and non-profit institutions of an educational, religious or cultural type e:tcluding corrective institutions and hospitaLs. 4. Governmental buildings and uses. 5. Public utility uses required to service the District. 6. Temporary buildings when they are to be used only, �or construction purposes or as a field office within a subdivision approved by the City for the sale of the real estate of that subdivision only. Such temporary construction buildings shall be removed immediately upon completion or abandonment of construction and such field office shall be removed immediately upon occupancy of 95�'0 of the lots in the subdivision B. ACCESSORY USES: The following uses shall be permitted as accessory uses: 1. Cnz stora�e buildin� per d�vellir.� unit 120 square feet or less, �nd hav- in� no pl�imbin�. ?. Swimmin� pool. • _ When any of the foregoing permitted accessory uses are detached from a principal dwellinb, said uses shall be located not less than 45 feet from the front line nor less than 20 feet from any street right-of-way, and at least six (6) feet from the rear and side lot lines. C. PARKING REGULATIONS: � Provisions for the Qarking of automobiles shall be permitted as an accessory use to any principal permitted use provided that such shall not be located on a . required front yard. Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the City. D. AREA REGULATIONS. The following minimum requirements shall be required. 1. Depth of front yard.............................. 25 feet 2. Depth of rear yard............................... 25 feet -11- �"r}'�l%�>.t2'+.1 Y.i�ti.��r��" '�J�f' .. ,:.\� � . . - . _ . . . .. . .. . . '. •. .. . . ' '. � . . . . _ . . ... .A. Y.. .. Y^_^'. .r 3. Width of side yard................................ 6 feet 4. Width of lot.......................................... 65 feet 5. Depth of lot................................................... 100 feet 6. Land area per dwelling unit.................. 3,500 sq. feet 7. Only one duplex structure shall be permitted on each lot or lot of record as the case may be. E. HEIGHT AND AREA REGULATIONS. The following maximum height and area regulations shall be observed: 1. Height of principal structure.......... 2 stories not to exceed 25 feet 2. Heigfit of accessory structure......... 10 feet 3. Lot coverage by buildings............... 40% of total lot area F. FLOOR AREA. Every duplex dwelling hereafter erected, constructed, reconstructed or attered . in this dwelling district shall have a minimum floor area, excluding co�=�mon corridors, basements, open and screened porches, and garages as follows: ,; - � 1. Each efficiency unit....................... 600 sq. f� 2. Each one bedroom unit................... 750 sq. ft. 3. Each two bedroom unit................... 900 sq. ft. 4. Each three bedroom unit................ 1,000 sq. ft. G. LANDSCAPING REQUIREMENTS - As provided in Section 31. H. MASONRY REQUIREMENTS - As provided in Section 32. , -12- . . . . , . ....;._ : ,._ � ...... . _ _ _ . . . ..•_.� . .. . . ... -Jar+�"' .u y- 'ey;•..r � 't.�tir t J cLa�h•� r� �n� t�� Yt'+�.l� .. _ . . . . . .. . . ' r � � :^t` :s,,,rPrrYtr"�f.x', "'t �r..�.� a .:y� � - - . . . . � • > f�t'�...,�uf*r+...I�r .. ...-.:��_�..�..+ ' . 'w.�r�i,� . . . � . . ...... ..... •�...:_....._ :....:-:r.;:d�.,.r� � . ' :..,.' .....� . ' � � . ' .-.Y. �......_ •aYw✓+.. �� , . .,... . . . . .�Y.:: - .. .. . . . , . SECTION 11 R-3.75 - THREE AND FOUR FAMILY DLSTRICT REGULATIONS PURPOSE: The (R-3.75) Three and Four Family District is established to provide adequate space for medium density, threeplex and fourplex type of residential develop- � ment, promoting a population density generally higher than duplex developments but less than the typical apartment complex development density. In a R.3.75 Three and Four Family District no land shall be'used and no building shall be erected for or converted to any use other than: A. PRINCIPAL USES: The following uses shall be permitted as principal uses: 1. Triplexes. 2. Fourplexes. 3. Public and non-profit institutions of an educational, religious or cultural type excluding corrective institutions and ho�itals. 4. Governmental building and uses. � 5. Public utility uses required to service the District. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to dwellings: 1. Detached covered comman parking. 2. Swimming pool. 3. Laundry room for tenants' use. 4. Cabana, pavilion or roofed area. When any of the foregoing permitted accessory uses are detached from a principal dwelling, said use shall be located not less than 45 feet from the front property line, nor less than 20 feet from an�r street ribht-of-way, and at least six (6) feet from rear and side lot lines. C. PARKING REGULATIONS: Provisions for the parking of automobiles shall be permitted as an accessory use to any principal permitted use provided that such shall not be locatEd on a required front yard. Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the City. D. AREA REGULATIONS: � • . The following minimum requirements shall be required. 1. Depth of front yard............................... 25 feet 2. Depth of rear yard................................ 25 feet 3. Width of side yard................................ 6 feet 4. Width of lot.......................................... 75 feet 5. Depth of lot.................................. 100 feet ....... 6. Land area per dwelling unit.................. 3,750 sq. feet -13- � . , T . . .. . . � . �...v - . ...., , .. ' .. . - ` � . . . . . �'. a . ' . ' . . . . ,x�:.,. .. � i. , '1'�f..� t' �C��4� .i'�1 � �r '�L . - . . . . . .. .. . . .:..�..- .. . ..........:... ..�..�:.�r.�.�.���s..;.Ar�:'�'..✓�-.�w'WM�t,�Gi'<4�i^�.M�T� ... � 7. Distance between detached buildings...... 12 feet 8. Only one triplex or fourplex structure shall be permitted on each lot or lot of record as the case may be. E. HEIGHT AND AREA REGULATIONS: The following maximum height and area regulations shall be observed: 1. Height of principal structure.......... 2 stories not to exceed - 30 feet 2. Height of accessory structure......... 1 story not to exceed 15 feet 3. Lot coverage by buildings............... 30°'0 of total lot area F. FLOOR AREA: Every dwelling hereafter erected, constructed, reconstructed or altered in this dwelling district shall have a minimum floor area, excluding common corridors, basements, open and screened porches, and garages as follows: 1. Each efficiency unit....................... 600 sq. ft. 2. Each one bedroom unit................... 750 sq.� ft. - 3. Each two bedroom unit................... 900 sq. ft. 4. Each three bedroom unit................. 1,000 sq. ft. G. LANDSCAPING REQUIREMENTS - As provided in Section 31. H. MASONRY REQUIREMENTS - As provided in Section 32. -14- r ���� -- . . . _ _. . . _ � . - . . . , . �'�"`,�t...�.'"�'.��'r,.� .':;R .+N:`�+.'y .-in.u•,s'l rs�:=• ,r;y?":.in?.:' �y �U:.?',•� x...'+:;%•r- ,�.>,�� ��--,,-�, ;��� . . . . . . . . �K` . . . . �- . • � . .. —. . . . ... . . . ..� . . . . SECTION 12 - MULTI-FAMILY DLSTRICT REGULATIONS PURPOSE: The (R-MF-1) Multi-Family District is established to provide adequate space and site diversification for multiple-family residential development allowing a - maximum density of 12 dwelling units per acre. This district is appropriate for areas where additional requirements for streets, water, sanitary sewer and drainage are met. R-i1�IF-1 - Multi-Family District Regulations In an R-MF-1 Multi family district no land shall be used and no building shall be erected for or cc�nverted to any use other than: A. PRINCIPAL USES: The following uses shall be permitted as principal uses: � 1. Multi-family dwellings, including condominiums. 2. Public and non-profit institutions of an educational, religious or cultural type e:ccluding corrective institutions and hospitals. � - 3. Governmental buildings and uses. 4. Public utility uses required to service the District. 5. Nursing Homes. 6. Day Care Centers. B. ACCESSORY USES: The following uses shall be permitted as accessory uses provided that such shall . be located not less than 20 feet from any street right-of-way. 1. Detached covered common parking. 2. Swimming pool - no nearer than ?5 feet to any residentially zoned district. - - 3. Laundry room for use of tenants. 4. Meeting, party and/or social rooms in common areas only. 5. Mechanical equipment no nearer than 120 feet to any residentially zoned district. 6. Screened garbage storage on a concrete pad, no nearer than 50 feet to any residentially zoned district, and not within front setback. - - 7. Provisions for the parking of automobiles provided that such provisions, � within 60 feet of any residentially zoned district shall be separated from j said lot by a blind fence or wall at least 6 feet high. ' 8. Cabana, pavilion or roofed area. : � C. PARKING REGULATIONS: Provisions for the parking of automobiles shall be permitted as an accessory use to any principal permitted use provided that such parking shall not be located in a required front yard. Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the City. -15- _ . . . . � - . .e� . .. . _ . . . ... �, ;� �• " . . . . . �_ •.a i . . s'.�._ 4 t ur. _-,'r..-n. . 'v!_ :i ' ��^'� 1�?.rQ?,�C.Y1FV'�I'T"��•i,�• .I�. /�iAV-'Dt.^i%+>i- �'.Y`i�`at^.~tin:l'. . . . . � . . ...... .. .. . . .. .. . .. .. . .4 . ... . - .. . , .. . ' - . The following minimum regulations shall be required: � 1. Depth of front setback.......... 25 feet 2. Depth of rear setback............ 25 feet 3. Width of side setback............ 15 feet for ground (first) floor structure, five (5) feet for each floor thereafter provided no side yard sfiall be required to exceed twenty-five (25) feet. 4. Width of lot........................... minimum 100 feet. 5. Depth of lot.................... .... minimum 100 feet. 6. Land area per dwelling unit... 3,630 square feet (12 units per acre � maximum). � ?. Minimum distance between: a. Principal structure and detached accessory build- ings.............................. 12 feet b. Exterior walls, if either wall contains any open- ing for light or air...... 20 feet • c. Exterior walls not having openings for light or - _ - . air.............. ............... 10 feet ' ; E. HEIGHT AND AREA REGULATIONS: The following maximum height and area regulations shall be observed: 1. Height of structure................ 2 stories not to exceed 30 feet. 2. Lot coverage by buildings...... 50 percent 3. Lot coverage by buildings, driveways and parking spaces. 75 percent F. FLOOR AREA: Every dwelling hereafter erected, constructed, �reconstructed, or altered in this dwelling district shall have a minimum floor area, excluding common corridors, ° basements, open and screened porches and garages as follows: 1. Each efficiency unit............. 600 sq. ft. 2. Each one bedroom unit......... 750 sq. ft. - 3. Each two bedroom unit......... 900 sq. ft. 4. Each three bedroom unit...... 1,000 sq. ft. G. LANDSCAPING REQUIREMENTS - As provided in Section 31. H. 1rIASONRY REQUIREIVIENTS - As provided in Section 32. -16- _ . . ._ . .. , ;,�� . .. . . . . .... . . . . . -.v i 7� t �',r.rT.;� �, i�:: 'r"i. :"i t-fr�r.° �!.�L . -ta� -.^ �.; . . . t� . . . ..�: �i. .;,'aa ,'�e+�`'.;=:.Y.•� _. �x .. i-'''•._1'k+ .. . . . .. _ . .. .. _ .. - . � . . ... ... � � . �a...i -. , ..p.� . . � � ,. .._ .. .. ...:.r .. . . . . . , SECTION 13 MULTI-FAMILY DISTRICT REGULATIONS PURPOSE: The (R-MF-2) Multi-Family District is established to provide adequate space and site diversification for multiple-family residential development allowing a � maximum density of 20 dwelling units per acre. This district is aQpropriate for higher density apartment complexes in areas where internal streets are wider than singl�family sized streets, and where this is increased water, sanitary sewer, and dcainage capacity. •R-MF-2 - Multi-Family District Regulations In a R-MF-2 Multi-family district no land shall be used and no builc;ing shall be erected for or converted to any use other than: � A. PRINCIPAL USES: The following uses shall be permitted as principal uses: 1. Multi-family dwelling, including condominiums. 2. Public and non-profit institutions of an educational, religious or cultural type excluding corrective institutions and hospitals. 3. Governmental buildings and uses. 4. Public utility uses required to service the District. 5. Nursing Homes. 6. Day Care Centers. B. ACCESSORY USES: The following uses shall be permitted as accessory uses provided that such shall be located not less than 20 feet from any street right-of-way. 1. Detached covered common parking. ' - 2. Swimming pool - no nearer than 75 feet to any residentially zoned district. 3. Laundry room for use of tenants. 4. Meeting, party and/or social rooms in common areas only. 5. Mechanical equipment no nearer than 120 feet to any residentially zoned distriet. - 6. Screened garbage storage on a concrete pad and no nearer than 50 feet i to any residentially zoned district and not within the front setback. i 7. Provisions for the parking of automobiles provided that such provisions l . within 60 feet of a residentially zoned district shall be separated from said District by a blind fence or wall at least 6 feet high. 8. Cabana, pavilion or roofed area. 9. Detached covered common parking. C. PARKING REGULATIONS: Provisions for the parking of automobiles shall be permitted as an accessory use to any principal permitted use provided that such shall not be located in a required front yard. Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the C ity. -17- / . . . . . . . - . . . � ' . - . � ' . � . . . .. - � . � - .. . -� . .._ .. .. . � , ._:ti?:�c.-e. i. r..s_ z _ _ .. . �� � _ . . . • ... . . �f� . ... . .. • . . . ... . ... . . '.z�. , -'�Y•' 'fwi�t1 :br [��.. 2�.r`��r�- . 1-a� '. ..-+i 2-�rf y'Yr�. . . � ' ' �. . � .. . t . .... � . '� -' . . ... .. . . .... .. .. ._�... .. ...�.�.....�:..:.�.�.::.�....."+�:.::.t..;.;ys�yp'wal��f',. . - .. .. . ., . . . _ .. .. . . ...Y � . . . D. AREA REGULATIONS: The following minimum requirements shall be required: 1. Depth of front setback.......... 25 feet. 2. Depth of rear setback............ 25 feet 3. Width of side setback............ 15 feet for ground (first) floor structure, five (5) feet for each floor thereafter provided no side yard shall be required � to exceed twenty-five (25) feet. 4. Width of lot........................... 100 feet. 5. Depth of lot.......................... 100 feet. 6. Land area per dwelling unit.... 2178 sq. fL (20 units per acre maximum) ?. Minimum distince between: a. Principal structure and detached accessory building........................ 12 feet b. Exterior walls, if either wall contains any openings for light or sir.................. 20 feet c. Exterior walls not r having openings for light or air.................. 10 feet E. HEIGHT AND AREA REGULATIONS: The following maximum heigfit and area regulations shall be observed: 1. Height of structure................ 2 stories not to exceed 30 feet 2. Lot coverage by buildings...... 50 percent 3. Lot coverage by buildings, driveways and parking spaces.. 75 percent F. FLOOR AREA: � - Every dwelling hereafter erected, constructed, reconstructed or altered in this dwelling district shall have a minimum floor area, excluding common corridors, basements, open and screened porches and garages as follows: 1. Each efficiency unit............. 600 sq. ft. - 2. Each one bedroom unit......... 750 sq. ft. 3. Each two bedroom unit......... 900 sq. ft. 4. Each three bedroom unit...... 1,000 sq. ft. G. L�INDSCAPING REQUIREMENTS - As provided in Section 3L H. MASOIVRY REQUIREMENTS - As provided in Section 32. -18- � .. �r ,L�k'-' .Y .ti'<�iiY.r:T� t.t . . •� . . _ �. . � .. • ' ':f � �- � n .. . . . . � .. . ' � . ..-... . tiM . "" .. , . , ... . . SECTION 14 MULTI-FAMILY DISTR.ICT REGULATIONS PURPOSE: The (R-TH) Townhouse District is established to accomodate the variable single- family dwelling concepts which currently exist in the residential marketplace. � This district includes medium density residential development that is single- family, on separately platted lots with frontage onto publicly dedicated streets, and typically owner occupied. R-TH TOWNHOUSE In a R-TH district, no land shall be used and no building shall be erected for or converted to any use other than: A. PRINCIPAL USES: ' � The following uses shall be permitted as principal uses: 1. Single family attached dwellings. . 2. Public and non-profit institutions of an educational, religious or cultural type excluding corrective institutions and ho�itals. ,; - � 3. Governmental buildings and uses. 4. Public utility uses required to service the District. 5. Public and private non-commercial recreational areas and facilities such as public parks, country clubs, golf coucses, excluding miniature golf courses and driving ranges. 6. Temporary buildings when they are to be used only for construction purposes or as a field office within a subdivision approved by the City for the sale of the real estate of that subdivision only. Such temporary construction buildings shall be removed immediately upon completion or abandonment of construction and such field office shall be removed immediately upon occupancy of 95% of the lots in the subdivision. 7. Customary home ocet,�ation, provided that no person, other than a member of the family of the owner or user of the principal single family dwelling, shall be employed or work in or at such home occupation. B. ACCFSSORY USES: The following uses shall be permitted as accessory uses to a single family dwelling provided that none shall be a source of income to the owner or user of the principal family dwelling. 1. Private swimming pool. Z. Cabana, pavilion or roofed area. - 3. Meeting, party and/or social rooms in common areas only. When any of the foregoing permitted accessory uses are attached or detached from the principal single family dwelling, said use shall not be located in the area between the face of the principal structure and the front property line. Private garages on lots having a minimum width of less than forty (40) feet, must be entered from the side or rear. Said lots shall not have driveways on or within the front building setbacks. -19- . . -- >.•. ... . - . � _ � - - .. . = . . i� , '�►��Y^r,�a;-%:rt}K��»7} .•Y;.�: ''ti� J ,'4'+.l��t.:A � t �- �- ' �t ti � �' ' - -�• .;y _ .. . . � . . . - . .. ... ��.. ::^J i- "':K. ._ . .:.ti�"'�}��;jt'4 �.-. ' ��7 �.;,t" .. . . ., :�:;� _.+�.-.;c r . ...- ... . . . _._. . ..�. . • . . •� . . � :. � � � ., �. .. ... - _ ._,�,.--,.....- .- .;.. , C. PARKING REGULATIONS: Provisions for the parking of automobiles shall be permitted as an accessory use to any principal permitted use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the City. D. AREA REGULATIONS: - The following minimum requirements shall be required: 1. Depth of front setback.......... 25 feet . 2. Depth of rear setback............ 25 feet 3. Width of side setback............. none, except a. Lots siding to a dedicated public street................ 15 feet b. Two principal structures 12 feet 4. Width of lot........................... 30 feet 5. Depth of lot.......................... 80 feet 6. Land area per dwelling unit.... 3,000 sq. feet (12 units per wcre) 7. Minimum distance between: a. Residential structure and %; � detached accessory building....................... 12 feet b. Two principal structures 12 feet 8. Square footage of dwelling unit........................ 1,200 sq. feet E. HEIGHT AND AREA REGULATIONS: The following maximum height and area regulations shall be observed: 1. Height of principal structure.. 2 stories not to exceed 25 feet 2. Height of accessory structure. 15 feet 3. Lot coverage by buildings, driveways and parking............ 70 percent 4. Maximum distance of the width of structure within the R-TH district................... 300 feet - F. MASONRY RERUIREMENTS - As provided in Section 32. �. _. -20- . .. - __ _ . _ _ . . .,` _-_ '�a /;, ���. � a�=i. 4-.-;�-� � _ �a � �z�S' e`S. �1�. �..�'� �'C: ��.�-'.s..:��. �-�y� ... . . ... . . . . . . .. . . ... .. '- . 1 _ _ C ?.0�P.^ .Y }Y�� r� �r� �r���.R-Si. . . . � .... ...�.. : �.. .... .�. . . .....� . . � . .. . � .. . .:..... .�. ... ' SECTION 15 R-MH 1��10BILE HOME DISTRICT REGULATIONS: PURPOSE The (R-MH) Mobile Home District is established to provide adequate space for mobile home subdivision development. This district recognizes the mobile home as a specific form of housing. In a R-MH Mobile Home District no land shall be used and no building shall be erected or converted to any use other than: A. PRINCIPAL USES: The following uses shall be permitted as principal uses for tracts of land not less than ten (10) acres in area. 1. Single family mobile homes situated in a mobile home subdivision. - B. ACCESSORY USES: The followin� uses shall be permitted as accessory uses of a mobile home subdivision: 1. Mobile home plot rental office. 2. Common Swimming pool no nearer than 120 feet to any residentially zoned District. 3. Laundry room for the use of residents. 4. Screened garbage storage on a concrete pad, no nearer than 50 feet to any residentially zoned District, and not within the front setback. 5. Toilet and shower facilities. 6. Community or recreation building. 7. One storage building per lot 120 square feet or less, and having no plumbing. When any of the foregoing permitted accessory uses are detached from the principal single family dwelling, said uses shall be located not less than 45 feet from the front line, 20 feet from any street right-of-way, and 6 feet from rear and side lot lines. C. PARKING REGULATIONS: _ Provisions for the parking of automobiles shall be permitted as an accessory use � to any principal permitted use provided that such shall not be located on a , required front yard. Off-street parking shall be provided in accordance with the , provisions of this ordinance and other applicable ordinances of the City. D. AREA REGULATIONS: The follo�ving minimum standards shall be required: l. Depth of front setback.......... 30 feet 2. Depth of rear setback............ 25 feet 3. �Vidth of side yard................. 15 feet 4. Mobile Home - Only one (1) -21- "'�+` X;:-_ ji�:�.:..�,�a:�, . . : ' .. . .. . .. . _ .. . ... _ ,._ . . _._ - . . . ',rw?.�•^- . . . ... single family mobile home shall be permitted on each lot or lot of record or each plot within a Mobile Home Subdivision. Each lot of record within a Mobile Home Subdivision shall contain a minimum of... 5,000 sq. feet 5. Minimum square footage per dwelling unit.......................... 600 sq. feet E. HEIGHT REGULATIONS: . The following height regulations shall be observed: 1. Principal structure................. 1 story not to exceed 15 feet. 2. Accessory structure................ 1 story not to exceed 15 feet, except storage buildings which shall not exceed 10 feet in height. - F. OTHER REQUIREMENTS: ; All underpinning shall be of brick, stone, or other masonry or material of equal characteristics or comparable and matching material to exterior siding of the R4obile Home with the necessary vents, screens, and/or openings, and shall be installed within forty (40) days after emplacement of the mobile home. -22- . _ .:. , _ .. �. � � .. .. . . .... . . . � - . . : . .,��. ..Y -�:r..t.. r�'.. t �. �,A i � �,: � ... ;i, _ "'a` _.��� ,��c_"'!. _ �?�; 1r'�-�.lJ�-• K ;.�. ii;;•� . �..:ou,�.+�r,;�F�.�. -'... .....r-...' . ... .. � . ..... :... ..... . ...�. . _ . . . . SECTION 16 R-NIOD.H. MODULAR HOME DISTRICT REGULATIONS PURPOSE: The (R-MOD.H.) Modular Home District is established to provide for adequate space and site diversification for single-family detached modular home sub- � divisions. This district recognizes modular homes as a specific form of housing and provides appropriate standards generally consistent with the (R-7.5) Single- Family District regulations. Other requirements specific to modular home construction are set forth in this district. ' In a R-MOD.H Modular Home District no land shall be used and no building shall be erected for or converted to any use other than: A. PRINCIPAL USES: 1. Single Family Detached .Modular Homes; 2. Public Utility uses required to service the District. B. ACCESSORY USES: The following uses shall be permitted as accessory uses to a single family detached modular home provided that none shall be a source of income to the owner or user of the principal use. 1. Private garage; 2. Private Swimming Pool; 3. Storage buildings 120 square feet or less and having no plumbing. 4. Cabana, pavilion or roofed area. When any of the foregoing permitted accessory uses are detached from the principal single family dwelling, said uses shall be located not less than 45 feet from the front line, 20 feet from any street right-of-way, and 6 feet from rear and side lines. C. PARKING REGULATIONS: Provisions for the parking of automobiles shall be permitted as an accessory use to any principal permitted use provided that such shall not be located on a required front yard. Off-street parking shall be provided in accordance with the provisions of this ordinance and other applicable ordinances of the C'ity. D. AREA REGULATIONS The following minimum requirements shall be required: �. . 1. Depth of Front Yard.... 30 feet 2. Depth of Rear Yard..... 25 feet 3. Width of Side Yard...... 6 feet 4. Width of Lot................ 65 feet 5. Depth of Lot 100 feet � 6. Land area per dwelling unit.............................. 7,500 sq. feet -23- � . .. . � ... " . ' 1��' . _ . . .. . .. . . ... . . .. � , .y� >ti.. �.. ... . . . . . ....... .-...... ......,--- ..�: -...�.�i..:.� r,--�:..r:...�+��.rr.�..:�OaidrEl��.:.`.. .._..�....�✓ -. ' 7. Square footage of dwelling unit................ 1,200 sq. feet 8. Only one single family detached modular home shall be permitted on each lot or lot of record as the case may be. E. HEIGHT AND AREA REGULATIONS 1. Maximum height of principal str-ucture........ 2 stories or 25 feet 2. Height of accessory structure...................... 1 story not to exceed 16 feet, except a storage building which shal? not exceed ten feet in height. 3. Lot coverage by prin- cipal structure...........:. 4096 of Total Lot Area F. OTHER REQUIREMENTS 1. Each modular home shall bear a State of Texas Inspection s-�cker issued pursuant to the Texas Manufactured Housing Standards Act. 2. Each Modular Home shall be set on a p�rmanent concrete foundation designed and sealed by a Registered Engineer. 3. A Site Plan Permit shall be issued on the same forms as a Building Permit. Said fee shall be �50.00. -24- . K#.,�'i:?�.�P+`µ.�.�'^i a'�ti-i<i':'��,r,�, nK� .-.,. . �,145:sy♦ . .�;t r , .. `� .a�y�� _ . •' , a ' � _ � . . � . . . � . . . . . . .. �r ,�ti _ SECTION 17 P-0 PROFESSIONAL OFFICE DLSTRICT REGULATIONS: PURPOSE: The (P-0) Professional Office District is established to create a restrictive district for low intensity office or professional uses which may be located close � to all types of residential uses, with appropriate buffers and landscaping so as not to create a blighting effect on adjacent residential areas. In a P-0 Professional office district no land shall be used and no building shall be erected for or converted to any use other than: A. PRINCIPAL USES: 1. Administrative, executive and editorial offices for business, professional or industrial organizations. 2. Financial offices such as banks, savings and loan associations, mortgage bankers and insurance offices. 3. Governmental buildings and uses. 4. Prescription pharmacy. 5. Medical and dental clinics. 6. Medical and dental laboratories, but not including the manufacture of pharmaceutical or other products for general sale or distribution. 7. Professional offices for the conduct of the following professional and semi-professional occupations: Accountant, architect, attorney, dentist, engineer, insurance agent, real estate agent, personal or family counselor, chiropractor, physical therapist, physician, public secretary, surgeon, or any other office or profession which is of the same general character as the foregoing, but excluding animal grooming salons, dog kennels, funeral homes, veterinarian and veterinary hospitals. 8. Public institutions and non-profit institutions of an educational, religious or cultural type, but excluding corrective institutions and hospitals. 9. Public utility uses required to service the District. 10. Schools and studios for art, dancing, drama, music, photography, interior decorating or reducing. ' - B. ACCESSORY USES: The following uses shall be permitted as accessory uses, provided that such use shall be located not less than 20 feet from any street right-of-way. 1. Mechanical equipment no nearer than 120 feet to any residentially zoned - District. 2. Screened garbage storage on a concrete pad and no nearer than 30 feet to a residentially zoned District. -- 3. Provisions for the parking of automobiles, provided that such provisions within 60 feet of a residentially zoned District shall be separated from said lot by a blind fence or wall at least 6 feet high. 4. Parking Garage. C. AREA REGUL�TIONS: The following minimum requirements are: 1. Depth of front yard............... 25 feet 2. Depth of rear yard................ 25 feet -25 . . ,. .. . , . �_. , . . . . . , ,.�'_ ` :i ::r::.. s� .....: t :..., , . . . .. . . . . . . . . .. . w:,..-y .. =t � :'�+C:�K.•�e�ry+lal.^,7'''!�� +:a T f.r+�!S�S._^,`�!R�.7'�:��"es:��.-,.r- .. . � . . . . . ._._� . .. . . . . . .. . ... ..in. ._ . . 3. Width of side yard................. 6 feet 4. Width of lot........................... 60 feet 5. Depth of lot........................... 100 feet 6. Distance between detached buildings................................. 12 feet ' 7. Land area per structure......... 6,000 sq. feet D. HEIGHT AND AREA REGULATIONS: The following maximum height and area regulations shall be observed: 1. Heigfit of principal structure.. • 2 stories not to exceed 30 feet " 2. Height of accessory use structure................................ 30 feet maximum 3. Lot coverage by buildings....... 40 percent 4. Lot coverage by buildings, driveways and parking spaces. 70 percent E. LANDSCAA IN� REQUIREMENTS - As provided in Section 31. F. MASONRY REQUIREMENTS - As provided in Section 32. . �. -2 6- . ;; � � " / _ -.:�,--;:.� :-::, �.:.. : .: ._:_,,. - - •�---. �.. :.-:- -; -., -_ .. _. • ... ._ , .. _. � .. . .. . . . _ . . .'' . � . . . . .`1i'. ✓v- .�1.,?Y,s;,.:^,�tir-1' v .�., '•.3- .'s , .. SECTION 18 C-N NEIGHBORHOOD COIVIMERCIAL DISTRICT REGULATIONS: PURP OSE: The (C-N) Neighborhood Commercial District is established as a limited retail category intended for use near residential neighborhoods for the purpose of - suQplying the day-to-day retail needs of residents in the area, such as food, drugs, and personal services. In a C-N Neighborhood Commercial District no land shall be used and no building shall be erected for or converted to any use other than: A. PRINCIPAL USES: � 1-. Any use permitted in a P-0 Professional Office District subject to the regulations of this district. 2. Cafe, restaurant or cafeteria completely within an enclosed building. 3. Day nursery and kindergarten. 4. Food and dairy markets in enclosable buildings. 5. Gasoline service station. 6. Nursery or greenhouse completely within an enclosed building. 7. �Vashateria equipped with and using fully automatic washing and drying machines, where customers may personally supervise� the washing and drying of laundry, provided no washing machine shall have a caQacity in excess of twenty (20) pounds, and no dryer or extractor shall have a capacity in excess of sixty (60) pounds, and that the aggregate number of machines of all types used shall not exceed twenty-five (25). No dry cleaning or pressing equipment or facilities shall be permitted. 8. Professional and business services and offices completely within an enclosed building. 9. Retail stores, grocery, drug, aQpliance, variety, btikery sales, shoe repair, flowers, apparel, toy shop, and other shops for custom work or the making of articles to be sold at retail on the premises; but no secondhand goods stores or yards shall be permitted; antique shop, art gallery, books, or stationery store. - . 10. Veterinarian, excluding veterinary hospital where dogs or animals are kept overnight. 11. Barber, beauty shop, cosmetologist and hairdresser. 12. Pick-up stations for pressing, cleaning and laundry. B. ACCESSORY USES: - - The following uses shall be permitted as accessory uses provided that such use shall be located not less than 20 feet from any street right-of-way. � 1. Swimming pool. 2. Nlechanical equipment no nearer than 120 feet to any residentially zoned district. 3. Screened garbage storage on a concrete pad no nearer than 30 feet to a residentially zoned district. 4. Provisions for the parking of automobiles provided that such provisions within 60 feet of a residentially zoned district shall be separated from said lot by a blind fence or wall at least 6 feet high. C. AREA REGUL�TIONS: -27- -. ., ..-�-.: _ ..: � :.. . . . -_ : •;��r-f�°��l�,-�,,�;�:i>�.rr�. 'y•ti .,�- � . .� .. . �:�L;W J,. . ' . . . . ' ` . . . . . ._ .. .. .. -. �� .. -.... . _. ... . - '• ^.��3_T! '.N';.�� . .. .' �_ ... . ...:<" .. . The following minimum requirements are: 1. Depth of front yard............... 25 feet 2. Depth of rear yard................ 25 feet 3. Width of side yard................. 6 feet 4. Width of lot........................... 75 feet 5. Depth of lot.......................... 80 feet 6. Distance between detached buildings..............:.................. 12 feet 7. Land area per structure...................... 6,000 sq. feet • � D. HEIGHT AND AREA REGULATIONS: The following maximum height and area regulations shall be observed: 1. Height of principal structure.. 2 stories not to exceed 30 f eet. 2. Height of accessory structure. 1 story not to exceed 15 °eet. • 3. Lot coverage by building........ 40 percent 4. Lot coverage by buildings, r , � driveways and parking spaces. 90 percent E. LANDSCAPING REQUIREMENTS - As provided in Section 31. F. MASONRY REQUIREMENTS - As provided in Section 32. � E.. :.. -28- '•.l�a._ , . . .. .... � . . - �. - - . - . . ' . '• . . �l1::.�•'J:r�I; "�iAC'?3j...:trvi.>-i��ti.tti"'ar'. �<t ,'n'� ,.. . . � - .Y:�' - � -' . _ . , . . ' . . . . . . . . :.. . . , . ..'. .. . . ��� _ . . . SECTION 19 C-C COMMUNITY COMMERCIAL DISTRICT REGULATIONS: � PURPOSE: The (C-C) Community Commercial District is established to provide for most . types of retail and service activities, provided that such activities are conducted completely within an enclosed building. In a C-C Community Commercial District no land shall be used and no building shall be erected or converted to any use other than: A. PRINCIPAL USES: � 1. Any use permitted in a P-0 Professional office district or C-N Neighborhood commercial district subject to the regulations of this district. � 2. Ambulance service. 3. Hospital. 4. Automotive repair garage. 5. Mortuary and funeral home. 6. Driv�-in or driv�through restaurants. _ 7. Commercial amusements, the operation of which is totally within an enclosed building, including bowling alleys, roller skating and ice skating arenas, motion picture theatres, but excluding billiard parlors and arcades. 8. Public storage garages, including mini-storage warehouses for storage purposes only. 9. Taxi dispatch office. 10. 4Vholesale office and business completely within an enclosed building, but excluding warehouse storage. 11. Any commercial business or service not included in any of the foregoing districts provided that all such uses shall be completely within an enclosed building and are not noxious or offensive by reason of the emission of odor, dust, gas fumes, noise or vibration and provided that no warehousing or manufacturing or treatment of Products or equipment shall be permitted, except such as is clearly incidental to the conduct of a permitted use. 12. Professional dry-cleaning, pressing, dyeing and laundry services. 13. Hotels and motels. 14. Second-hand goods in an enclosed building. B. ACCESSORY USES: � The following uses shall be permitted as accessory uses: ` 1. Private garage. � 2. Swimming pool no nearer than 120 feet to any residentially zoned district. 3. Mechanical equipment no nearer than 120 feet to any residentially zoned district. 4. Screened garbage storage on a concrete pad no nearer than 30 feet to a residentially zoned district. 5. Provisions for the parking of automobiles provided that such provisions within 60 feet of a residentially zoned district shall be separated from said lot by a blind fence or wall at least 6 feet high. -29- _ _ . � - � :�:. ._ . _. . . . . . . >: -,;.<.., ;�._ ,;h: _:-•:i : :�„ �.-:=_ .,�. -�-.—_ ��.� . � ��v:.n—. .�".'r- ':^' r ;'�. t �:."Lr t`�.+�Y..s fit"Yaur`> i:A �'iS�t. �ty"+ ��''r . _ . .. � . .�.. . . .. . . . ._ .. .. �.. • - ., . .:1.. �.: .�.. .: .� I;. . [. "O 1 'Z:i. . . . . . . . . . .' . . � .. . � . . . . . �.. . . � . . . . .. ........ . . . . . _ ... . _ ..M. .. . . . ... C. AREA REGULATIONS: The following minimum requirements are: 1. Depth of front yard.............................. 25 feet 2. Depth of rear yard............................... none, where no windows or other openings for light face the rear yard or rear lot line. In all other cases, one of the following, whichever � is least: 5 feet plus the building height at that point; or 1/2 the length of the side of the building at that point. 3. Width of side yard................................ none, where no windows or other openings for light face the side yard or side lot line. In all other cases, one of the following, whichever is • least: 5 feet plus the building height at that point; or 1/2 the length of the side of the building at that point. 4. Width of lot.......................................... 80 feet 5. Depth of lot......................................... 80- feet 6 Distance between detached buildings on � r thesame lot.......................................... 10 feet where no windows or other openings for light face upon the space between buildings. In all other cases, one of the following, whichever is least; 10 feet plus the sum of the two building heights at those points which establish the distance between; or 1/2 the smallest building side forming space between. 10 feet 7. Land area per structure.......... 6,400 sq. feet D. HEIGHT AND AREA REGULATIONS: The following maximum height and area regulations shall be observed: 1. Height of structure................ 1/2 the shortest distance between the structure and the nearest residentially zoned district, ex- cept R-MF-1, R-MF-2, and R- 3.75. 2. Lot coverage by buildings....... 50 percent 3. Lot coverage by buildings, driveways and parking spaces. 100 percent ' E. LANDSCAPING REQUIREMENTS - As provided in Section 31. F. MASONRY REQUIREMENTS - As provided in Section 32. -30- • l♦ / J . .._ . . � � . . ♦ � . - .. . . . .�. .. .. .. . . .. . .-. ; '�� � . . 7 rY w�.L�. '1.'iy�� ,�'�!!�4f" {r j V- 4:� ��- -. SECTION 20 C-0U COMMERCIAL OUTDOOR DISTRICT PURPOSE: The (C-OU) Commercial Outdoor District is established to provide adequate space and site diversification for commercial uses which would involve - influences that may be objectionable in the other commercial districts or adjacent to residential areas. In a C-OU Commercial .outdoor district no land shall be used and no building shall be erected for or converted to any use other than: A. PRINCIPAL USES: The following uses shall be permitted as principal uses: 1. Auction sale, new or used goods. 2. Brick, marble, tile, or concrete block sales. 3. Lumber yard. 4. Plumbing supply. 5. Pipe storage, metal or concrete to include culverts and similar material. 6. Public or private storage garages, yards or lots. 7. Public utilities as required to serve the District. 8. Storage of sand, gravel, rock or earth, provided that such storage shall be completely encompassed by a blind fence or wall at least seven (7) feet higfi and provided that materials stored shall be stacked no higher than one (1) foot below the top of the fence or wa1L 9. Ambulance service. 10. Automobile washing business; automatic, coin operated or moving line wash. 11. Automotive body shop-surface required; excluding salvage and/or wrecking yards. 12. New automotive parts and accessories, sales and installation, provided . that any storage shall be completely encompassed by a blind fence or wall at least seven (7) feet high and provided that materials stored shall be stacked no higher than one (1) foot below the top of the fence or wall. 13. Automotive sales and service, new or used cars and trucks; a. All vehicles must be in an operating condition and all open display or storage areas must be surfaced and developed in accordance with all applicable ordinances of the City. 14. Commercial amusements such as golf driving ranges, miniature golf, archery. � 15. Drive-in restaurant. 16. Drive-in motion picture theatre. 17. Gasoline service station. _ 18. Taxi dispatch yard. . 19. Truck or trailer rental. 20. Business services and merchandise displayed in an unenclosed or in- completely enclosed area. 21. Boat and marine sales service. 22. Camper sales and camper trailer sales and service, lease and rental. 23. Furniture or appliances - used. 24. Mobile home sales, storage or repair, lease and rental. 25. NIortuary and funeral homes. -31- . .:;;:.K,-�.-.:�:: .. .. - . , . . .. _ . •�~'a.LY.�]tr�h,d��^f �'�.��?a�t>;�t:ti.;�ij�, \!r - _ . .,, . i. ..� ..,. �• ' �'^ ...�:.; ... .. ... . ._.�c . . _ . ' 26. Nursery or greenhouses. 27. Retail stores. 28. Swimming pool sales or display. All areas devoted to the parking of vehicles or the sale and display of merchandise, except nurseries, shall be surfaced in accordance with Section 36(B). B. ACCESSORY USES: 1. Private garage. 2. Mechanical equipment no nearer than 120 feet to any residentially zoned district. 3. Screened garbage storage on a concrete pad no nearer than 30 feet to any residentially zoned district. 4. Provisions for the parking of automobiles within 60 feet of a residentially zoned district shall be separated from said lot by a blind fence or wall at least 6 feet high. 5. Where so designated in this section, a required surface shall be in " accordance with the provisions set forth in Subsection B of Sectior. 35 of this Ordinance. r C. AREA RERUIREMENTS: The following minimum dimensions shall be required: 1. Depth of front setback......................... 25 feet 2. Depth of rear setback........................... none 3. Width of side setback........................... none 4. Width of lot.......................................... 50 feet 5. Depth of lot......................................... 50 feet 6. Distance between detached buildings onsame lot.......................................... 10 feet 7. Minimum lot area.................................. 2,500 sq. feet 8. No outside storage or display shall be permitted within the required front setback area. D. HEIGHT AND AREA REQUIREII'IENTS: The following ma:cimum height requirements shall be observed: 1. Height of principal structure................. 30 feet 2. Height of accessory structure............... 15 feet E. LANDSC�PING REQUIREMENTS - As provided in Section 31. -32- . . . . . _ _ :. . _ ._ ., . , . - . _.. - - . •. . • . . ' • . • .. - . . . . . ' . . '- .y _ �.r•�.� <� �`�. �r .r,'A-�(.;lF.� ?�t4y.., 't .�-•. f-. � . . _ .i. 'Q'� - - . ... ... .. ... ... ..,.. .. .. ,. .,,_- .--� �:..,.i��.s::.d.::.r,'.+A� -..... _.-...= ._ . ....._ �. .. . . . ...:: .... � � � .....:. ,� „•.-� --: . � �. _ .. . . . . -. _, .,..:.�s.. - . - .. � ...s :. . . - . . . .� _...�.. .:<..-. :,.. _ . . SECTION 21 C-W COMMERCIAL WAREHOUSE DLSTRICT PURPOSE: The (C-W) Commercial Warehouse District is established to provide adequate space and site diversification for commercial establishments involved in warehouse and distribution operations. In a C-W Commercial warehouse district no land shall be used and no building shall be erected for or converted to any use other than: • A. PRINCIPAL USES. The following uses shall be permitted as principal uses: 1. Governmental buildings and uses. 2. Warehouseing completely within an enclosed building. 3. Public utility uses. 4. Air freight forwarder. 5. Outside storage, provided that such storage shall be completely en- compassed by a blind fence or wall at least seven (7)_ feet high and provided that materials stored shall be stacked no higher than one (1) foot below the top of the fence or wall. 6. Commercial and professional offices. � 7. Wholesale distribution facilities completely within an enclosed building. B. ACCESSORY USES. The following uses shall be permitted as accessory uses: 1. Office space used in connection with a principal use. 2. Employee facilities, including employee cafeteria. 3. Provisions for the parking of automobiles. 4. Mechanical equipment, incidental to the operation of the building, and no nearer than 120 feet to any residentially zoned district. 5. Retail sales, if incidental to the primary wholesale use. 6. Provisions for the parking of automobiles within sixty (60) feet of a residentially zoned district shall be separated from said lot by a blind fence or wall at least six (6) feet high. ?. Screened garbage storage on a concrete pad, no nearer than 30 f�eet to any residentially zoned district. ( - C. AREA REQUIREMENTS. � The following minimum requirementS shall be required. l 1. Depth of front yard.............................. 20 feet 2. Depth of rear yard............................... 6 feet . 3. LVidth of side yard................................ 6 feet 4. �Vidth of lot.......................................... 50 feet 5. Depth of lot......................................... 100 feet 6. Distance between detached buildings..... 12 feet 7. Minimum lot area................................. 2,500 sq. feet 8. Sales, storage and/or display areas in required front setback must be surfaced. -33 - � <r ._.-;..�;�:�.. . _ . ,_ . . . • . � . , s - -� . , ._ T .- . . . . _ . . _. ..... -.....�,.,._.: D. HEIGHT REQUIREMENTS. The following maximum height requirements shall be observed: 1. Height of principal structure................. 2 stories not to exceed ••. 3 0 f eet. 2. Height of accessory structure............ 1 story not to exceed 20 f eet. ; . - r -34- � _ ,;. _ _ . _. � -' -�. . = . ' . / .�.•-ns�s+y'!:ir+�i �:o: V: �� .r���r?C::�.�.i..N. �.f� . . � F - ti � , � .... .. . . ti .��. . t. ,.'rN,r� r.f+� ��Sri.��i-i�`�e..h"r?r11 .�`r�. T e - . . . , .. . .. . ._ ' . ..�:'1. .. . � . .. ,l e.. :Y. 'TY�ct_•. �"••�k t'� . ' . � . .. . . - .. . _ . _ .a► . � ' - SECTION 22 M-FW FREEWAY DISTRICT PURPOSE: The (M-F4V) Freeway District is established to provide adequate space for the diverse uses which can take advantage of the regional access provided by a freeway system. Included in this district are commercial establishments which exhibit retail, warehousing, and light assembly and manufacturing character- istics. In a M-F W Freeway district no land shall be used and no building shall be erected • for or converted to any use other than: A. PR.INCIPAL USES. 1. Cafe, restaurant and cafeteria, including drive-in restaurant. 2. E.cperimental testing laboratories. 3. Experimental laboratories. 4. Gasoline service station. 5. Governmental building and uses. 6. Hospital. 7. Hotels and motels. 8. Manufacturing, assembly or packaging of products from previous prepared materials, such as cloth, plastic, paper, leather, precious or semi�recious metals or stones. 9. Manufacture of electric and electronic instruments and devices, such as televisions, radio and phonograph equipment. 10. Manufacture of food products, pharmaceuticals and the li7ce, except that such uses shall not include production of fish, or meat product, sauerkraut, vinegar or the like, or the rendering or refining of fats and o ils. 11. Office building. 12. Private clubs, excluding alcoholic beverages. 13. Professional and business offices. 14. Public and private schools. • . 15. Public institutions and non-profit institutions of an educational and religious and cultural type, but excluding correctional institutions. 16. Public utility uses. 17. 4�Tarehousing completely within an enclosed building. Manufacturing as used in this section shall not be held to include such operations as saw and planing mills; manufacturing uses involving primary production or storage of wood, metal or chemical products from raw materials, construction material, batching yard, foundary type operation, material or auto salvage and/or wrecking operation or other industrial operation not listed. B. ACCESSORY USES: The following uses shall be permitted as accessory uses elsewhere than within a front yard and no nearer than thirty (30) feet to any street right of way. 1. Private garage. 2. Swimming pool no nearer than 120 feet to any principal building used for single family dwelling. -35- - _ - - � �= - - . ._ ..;.a—• . . .. , >.> - . . ... . � - _ -. � . . . �i -:,:f ?'�a r '�YtiP 5`�✓+./''�. ''��'"� r ,s:��, s.+�.t "T,l��>.-S..i:r-�. . . . � ... . ._.._.. �. . . .. . . .:. . . � ._. ... . . . r. 3. Screened garbage storage no nearer than 30 feet to a dwelling unit and/or residentially zoned district. 4. Mechanical equipment no nearer than 120 feet to any residentially zoned district. 5. Provisions for the parking of automobiles provided that such provisions within 60 feet of a residentially zoned district shall be seQarated from said lot by a blind fence or wall at least 6 feet high. 6. Outside storage, provided that such storage shall be completely encom- passed by a blind fence or wall at least ? feet high and provided that materials stored shall be stacked no higher than one foot below the top of the fence or wa1L C. AREA REGULATIONS: • The following minimum requirements shall be required: a. Depth of front yard..................... 50 feet b. Depth of rear yard..................... none where no windows or other openings for light face - the rear yard or rear lot line. In all other cases, one of the following, whichever is _ least: 5 feet plus the building height at f that point; or 1/2 the sideage of the building at that point. c. Width of side yard...................... a minimum side yard of 10 feet or ten percent (10%) of the width of the lot whichever is greater, but in no case more than 25 feet d. Width of lot................................ 80 feet e. Depth of lot............................... 80 feet f. Distance between detached buildings 10 feet where no windows or openings for light face upon the space between buildings. In all other cases, one of the following, whichever is least; 10 feet plus the sum of thz building heights at those points which establish the - distance between; or 1/2 the smallest build- ing side forming space between. D. HEIGHT AND AREA REGULATIONS: The following maximum height and area regulations shall be observed: 1. Height of structures.............................. 1/2 the shortest distance between the structure and the nearest residentially zoned district, � � or a District used as a single family residence. 2. Lot coverage by buildings..................... 75°'0 3. Lot coverage by buildings, driveways and parking spaces................................................... 85°'0 E. L�NDSCAPING REQUIREI�IENTS - As provided in Section 31. -36- .�._, .. . . .. _ - �-- ;'. � -�• :�:�,. �._� ,. • � . ., _ � .�,,.,� . ... . ... . ._ . , . . .. _ _ : - _ . _ - . . .. -, ,��.. ... ,:� .. .'.; :::- :.. . ,_. SECTION 23 ML LIGHT INDUSTRIAL DISTRICT REGULATIONS PURPOSE: The (ML) Light Industrial District is established to provide a limited zone that allows light manufacturing and assembly, research, wholesale and storage uses. Limitations are placed on the uses in this district to restrict outside activities and storage of materials, noise, fire, and explosive hazard, and any other potentially blighting influences. In an ML light industrial district no land shall be used and no building shall be erected or or converted to any use other than: A. PRINCIPAL USES 1. Any manufacturing, research, wholesale or storage uses except those operations such as saw and planing mills, manufacturing uses involving primary production or storage of wood, metal or chemical products from - raw materiaLs, construction materials, batching yard, foundry ty�e operation, material or auto salvage and/or wrecking operation or other industrial operations not listed, provided that such uses shall be contained within an enclosed building. ; - 2. Railway passenger and freight stations. 3. Governmental buildings and uses. 4. Public utility uses. 5. Motor freight terminals-surface required, as per Subsection B of Section 36. 6. Trucking terminals. 7. Automotive repair garages. 8. Food and dairy markets in full enclosable buildings. 9. Gasoline service stations. 10. Any use permitted in a C-W commercial warehouse district. B. ACCESSORY USES: The following uses shall be permitted as accessory uses elsewhere than within a front yard and no nearec than thirty (30) feet to any street right-of-way. 1. NIechanical equipment no nearer than 120 feet to any residentially zoned district. 2. Provisions for the parking of automobiles provided that such provisions within 60 feet of a residentially zoned district shall be separated from said lot by a blind fence or wall at least 6 feet high. 3. Screened garbage storage on a concrete pad no nearer than 30 feet to a residentially zoned district. ` 4. Employee facilities, including employee cafeteria. 5. Outside storage, provided that such storage shall be completely en- compassed by a blind fence or wall at least 7 feet high and provided that materials stored shall be stacked no higher than 1 foot below the top of the fence or wall. 6. Railroad equipment storage yard, provided that such yards shall be completely encompassed, except for points of ingress/egress, by a blind fence or wall at least 6 feet high. -37- :. . . . . ' �. . . . . � . . � . � . ..... . � ,_� � , ..�`,� � ;;r♦ . :�: . �. �r �r.�=�r,.�.� t� .,� y.. .. . � - .. , ... . � . . . . , .�' .. - . .�¢'�`..'�j .. x- . .S:k,•,-� . .. . . .. .. ��: �--� � . ._ . . -- . '..N.r�Aw�.(�'. �... . ..o��rt�..>- ...� , � . . .. ... . ...t. .. .. . . � v C. AREA REGULATIONS: The following minimum requirements shall be required: 1. Depth of front yard.............................. 30 feet 2. Depth of rear yard................................ 30 feet 3. Width of side yard................................ 15 feet 4. Width of lot.......................................... 80 feet 5. Depth of lot......................................... 150 feet 6. Distance between detached buildings..... 30 feet ?. Lot area............................................... 20,000 sq. feet D. HEIGHT REGULATIONS. The following maximum height regulations shall be observed: 1. Height of principal structure................. 1/2 the shortest distance between the structure and the nearest resid2ntially zoned district or 3 stories, or 50 feet, whichever is least. - 2. Height of accessory structure............... 1/2 the shortest distance between the structure and the n:�arest residentially zoned district, or 1 story, or thirty (30) feet, whichever is least. E. LANDSCAPING REQUIREMENTS - As provided in Section 31. -38- � `<: . . , .. . t..'� 4 '�Y 1 Y"��-v- ..� . �- . __ n1 .il .f,y ( - � _ _" ., . , -._ ' . . r , , T) :1'l�J.�}, �.'S , , . .. . . .. .. . . . . . . . . .. .. . ...... ..:... .. : .�..... . '_.�.:..- -:.ni�.%;i.::,+1JViypil.Y4�"T . . . , , ' . . :w_ ...... �s►..�Y. .� . SECTION 24 I.P.A.R. INDUSTRIAL PARK-AIRPORT RELATED PURPOSE: The (I.P.A.R.) Industrial Park-Airport Related District is established to provide a limited zone that allows ligfit manufacturing and assembly, research, wholesale, storage, warehouse, and airport related uses. In the I.P.A.R. district no land shall be used and no buildings shall be erected for or converted to any use other than the following and all such uses permitted in the I.P.A.R. district must meet the requirements established in the Airport Zoning Ordinance of the Dallas-Fort Worth Regional Airport. A. PRINCIPAL USES: The following uses shall be permitted as principal uses: 1. Any manufacturing, research, wholesale or storage uses except those of operations such as saw and planing mills, manufacturing uses involving primary production or storage of wood, metal or chemical products from raw materials, construction materials, batching yard, foundry type operations, material or auto salvage and/or wrecking operations or other industrial operations not listed, provided that such uses shall be contained within an enclosed building. 2. All uses as listed under the provisions of "p-p" (professional office district) regulations with the exception of public institutions and hospitals; public utility uses; schools and studios for art, dancing, drama, music, photography, interior decorating or reducing. 3. All uses listed under the provisions of "C-OU" (commercial outdoor) uses to be included with the exception of (a) motion picture and (b) drive-in restaurants. 4. Air freight forwarders. 5. Air terminals, passenger. 6. Aircraft assembly plants. 7. Aircraft sales. . 8. Aircraft storage hangers. . 9. Aircraft repair services. 10. Athletic fields - excluding stadiums 11. Auto service and repair 12. Aviation ground schools - excluding any aircraft or helicopter inflight training. - _ 13. Agricultural uses, including: dairy farming, distribution and pasteuri- ( zat ion of products. 14. Freight terminals and facilities for: air cargo, truck cargo and railroad cargo. � 15. Nursery stocks, including: landscaping, sales and supplies. 16. Hotels and motels. 17. Recreational facilities that will not be affected by, or impose a hazard to aircraft. Bowling alleys, golf courses, public parks, playgrounds and picnic areas. 18. Warehousing B. ACCESSORY USES -39- .. ���...:��.�`'�+•�..�''�'.. <i,.ft! t . _ . t,t � - , . _ . . . . . . _ .. . . .. � . •i.. � ., . . . . . . .- . , '._- ' . . . . '- � .. - v.�. The following uses shall be permitted as accessory uses elsewhere than within a front building setback and no nearer than thirty (30) feet to any street right-of- way. 1. Mechanical equipment no nearer than 120 feet to any residentially zoned district. 2. Provisions for the parking of automobiles provided that such provisions within sixty (60) feet of a residentially zoned district shall be separated from said lot by a blind fence or wall at least six (6) feet high. 3. Screened garbage storage on a concrete pad no nearer than thirty (30) feet to a residentially zoned district. 4. Employee facilities, including employee cafeteria. 5. Outside storage, provided that such storage shall be completely encom- passed by a blind fence or wall at least seven (7) feet high and provided that materials stored shall be stacked no higher than one (1) foot below the top of the fence or wall. 6. Railroad equipment storage yards, provided that such yards, shall be completely encompassed, except for points of ingress and egress, by a blind fence or wall at least six (6) feet high. C. AREA REGULATIONS: - � The following minimums shall be required: 1. Depth of front building setback............ 50 feet 2. Depth of rear setback........................... 15 feet 3. Width of side setback............................ 15 feet 4. Width of lot.......................................... 80 feet 5. Depth of lot......................................... 150 feet 6. Distance between detached buildings..... 30 feet 7. Lot area................................................ 12,000 sq. ft. 8. Maximum lot coverage by buildings, drivewaysand parking........................... 70 percent 9. 6Vithin front building setback area........ , 35 percent of the land area within front building setback shall not be used for buildings, driveways or parking. This area will be landscaped with natural vegetation such as lawns, trees or shrubs. This area will be accepted as meeting part of the thirty (30) percent open space required _ _ under maximum lot coverage. This condi- tion shall apply to only one frontage, in situations for a corner lot. D. HEIGHT REGULATIONS The following maximum height regulations shall be observed. No structure may be erected to a height in escess of that permitted by the Airport Zoning Ordinance of the Dallas-Fort �Vorth Regional Airport which may eYist at the time and whose regulations apply to the area in which the structure is being erected. -40- , - " -_ � �,� -- _ .. . - _ .y. . -i`" .:+�+ L .w . ,�.'���.�r',�.'. '..i�.... > r �.� .� . . . , .2 . .. .. . ?.�"-r . . . . . �� .. . . ":�4 .. '�'�" C,:�,.5.-�-f�:�:eH�r-. �_�,q -t �,7 r �4_�:!,.a*csh"$'a??':. r_�#., '. . ? . .,.x.�. . _:..: .. . .._.. .. . . . .. _ . . . .s E. LOCATION OF DISTRICTS An I.P.A.R. district may only be established in one of the following areas: 1. Adjacent to an established airport. 2. Contiguous to an existing I.P.A.R. district, except that a railroad right- � of-way or public right-of-way may intervene. F. LANDSCAPING REQUIREMENTS - As provided in Section 31. I � �_ ; � -41- ,� .. .. - _ -. _ _.. . . _ ,: _ . _ . . . . . .. . . - . . .. - � . � . . ... . . . "'q ^ .e.y `ti ra.,=.r+r*�.w"t+ .��.._r . �F-. . SECTION 25 S-P SITE PLAN DISTRICT REGULATIONS The S-P site plan district is utilized to develop difficult size and shaped land areas; to promote new planning concepts; to develop multiple land uses; and to establish compatible land use within a more restrictive neighborhood. No minimum land area is required for the S-P district. No land shall be used and no building shall be erected for or converted to any use other than the specific use or uses authorized by an ordinance of the City of Grapevine granting a zoning change to S-P district under the terms and provisions of this section and in accordance with the following procedures: A. A S-P site plan district shall be granted by the City Council only upon the written request of the owner or his representative and a recommendation of Planning and Zoning Commission. The ordinance granting S-P zoning will govern over any other conflicting provisions contained in this ordinance. B. An application for S-P site plan district shall be filed and shall be accompanied by a site plan showing the requested use or uses and the intended development of all the property on which a change in zor��g is requested, showing the following information: � ; � 1. The Site Plan shall be prepared by a Registered Surveyor, Registered Engineer, Registered Architect and shall show their seal, date, scale, north point, name of owner, and name of person � preparing the site plan. 2. Location of existing boundary lines and dimensions of the tract. 3. Dimensions and size of all proposed buildings, structures and land improvements. 4. Designated proposed specific land use for all building areas. 5. Clear designation of areas reserved for off-street parking and for off-street loading; type of surface material to meet minimum City standards; the ratio of parking spaces to square feet of floor space or number of spaces provided for� each dwelling unit. 6. Location and size of points of ingress and egress to public streets may be shown on site plan, or the Planning and Zoning Commission may recommend such points be shown and the City Council may require location and size of points of ingress and egress to public streets be shown on site plan; however, if specific location and size of points of ingress and egress to public streets are not required to be shown on site plan, the location and size of points of ingress and egress to public streets shall not violate any ordinances or regulation adopted by the City Council to regulate the location and size of points of ingress and egress to public streets. i. Centerline of e�cisting water courses, drainage features and floodway easement. 8. Location and size of existing and proposed streets and alleys with location of all street intersections adjacent to the area of request. 9. Location, type and height of existing and proposed fences or screening walls. 10. Landscaping plan shall be required in accordance with Section 31. � The plan should include ornamental planting, lawns and gardens, playgrounds and wooded areas that are to be retained. -42- r-��'F . :. , ._ _ .v'..v , x ..=' i:n.. .�v... . ..-�., ...;,, . .�...� : • . y �n.i-.i., -y.;�. : . ..�. , � '::: . ..':. _. :. .. ._ .. , . . . y:-- ' '" _ . . 11. Location and type of signs, lighting, luminaries, and exterior auditory speakers. 12. Area map indicating the neighborhood in which the property is located. - 13. Each applicant for a S-P district use shall file one (1) Mylar and two (2) Blueline Prints of the site plan to the Planning Department in a scale sufficient to show all of the above, and one (1) copy reduced to 8� 1/2 x 11. � C. The City Planning and Zoning Commission shall hold a public hearing as required by this ordinance and state law; make its report and recom- mendation to the City Council and shall recommend such conditions and restrictions as necessary to secure and protect the public health, safety, morals and general welfare. D. In granting or denying an application for a S-P zoning district, the City Council shall take into consideration the following factors: 1. Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site. 2. Safety from fire hazards, and measures of fire control. 3. Protection of adjacent property from flood or water damage. 4. Noise producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood. 5. Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties. 6. Street size and adequacy of pavement width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood. ?. Off-street parking facilities shall be in accordance with Section 33, unless otherwise recommended by the Planning and Zoning Com- mission; and approved by the City Council, location of ingress and egress points for parking and off-street loading spaces; and protection of public health by surfacing on all parking areas to control dust. 8. Such other measures as will secure and protect public health, safety, morals and general welfare. E. All improvements to the land and all buildings and construction on the f land shall be in accordance with the site plan approved by the City ' Council. � �__ F. Any use not prohibited by this ordinance or other ordinances of the City may be authorized in a S-P district. The Planning and Zoning Commission may recommend, and the City Council may impose any condition or restriction upon the use of the property rezoned, as may be necessary to secure and protect the public health, safety, morals and general welfare and to protect adjoining property and the value thereof, including the dedication of street right-of-way for adequate flow of traffic. Such conditions and restrictions shall not be construed as conditions precedent to the granting of a Certificate of Occupancy. -43- u � �'+r"4 .-.� ��� „ � " '` i.r.��i j..,c. �;i � ,,,, -ii .. . .. ' � � � . • � ' - . ' . . . � ' � . . >. �:i. �h .pYi �.Yr,.._ 7��.= 7•tvt. - ,... : _..,..�..:.ar_:'_.:.+....•a+:�..:a.:+.�ewr•i+�M�� . .. . - - ...! �......_. ..n. . .._ . , . � ._.. . ... . . , .. � .. . . . . . G. The following uses shall be permitted only in the S-P Site Plan District in accordance with the provisions of this Section: 1. Radio, television or micro-wave tower. 2. College, university or private school. 3. Cemetary or mausoleum. 4. Institution for care of alcoholic, narcotic or psychiatric patients. 5. Country club, private anembership. 6. Auto wrecking or salvage yard. 7. Junk or scrap metal storage yard. 8. Concrete or asphalt batching plant (permanent). 9. Storage, possession and serving of alcoholic beverages in accor- dance with the provisions set forth in Section 29 of this ordinance. 10. Massage establishments. 1. DEFINITIONS: For the purpose of this paragraph, the following words and phrases shall have the meaning respectively ascribed to them by this subsection: MASSAGE SERVICES: Means any process consist::.y of kneading, rubbing or otherwise manipulating the skin of the body of a human being, either with the hand or by means of electrical instruments or apparatus, or other special apparatus, but shall not include massage by duly licensed physicians, osteopaths, chiro- � practors and registered physical therapists or registered nurses or licensed vocational nurses who treat only patients recommended by a licensed physician and who operate only under such physician's direction. The term "massage services" shall not include massage services authorized by the State of Texas in establishments licensed by the State of Texas in beauty shops and barber shops staffed by licensed barbers and beauticians. MASSAGE ESTABLISHMENT: (1) Shall mean a building, room, place or establishment, other than a regularly licensed hospital, where manipulated massage services or manipulated exercises are practiced upon the human body by anyone not a duly licensed physician, osteopateh, chiropractor or a registered nurse or licensed vocational nurse acting at the direction of a doctor whether with or without the sue of inechanical, therapeutic or bathing devices, and shall include Turkish bathhouses. This term shall not include, however, duly licensed beauty parlors or-barber shops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operate only under such a physician's direction. (2) Notwithstanding any provision of any ordinance or any City Code provision currently in effect in the City of Grapevine, the operation of a massage establishment and/or the performing of massage services permitted by the laws of the State of Te:cas, shall be regulated and governed as provided herein. (3) The operation of a massage establishment and/or the performing of massage services shall be illegal in the City of Grapevine, unless on property zoned specificaliy for that purpose within the City Zoning Ordinance, same being the S-P Site Plan District of the Comprehensive Zoning Ordinance. -�4- . .. _. . .. . • . • . . . . . • . .... ����'. . •. .. . -. „ . ... ..-. Y- _ :;:1 S� f rt _ . . .. .. .. ..... .._... . .... ...... � .. �a:..:...�r_ �:.w...��:w�Nicx.:=wd�w�C� - � �.. . .� - . . .. .. . .. . � _ ..,... .�� .. 11. Retail Specialty and Novelty Establishments. 1. DEFINITIONS: For the purpose of this paragraQh, the following words and phrases shall have the meanings respectively ascribed to them by this section: - (a) The term "primarily" is defined as gross monthly sales of special novelty items representing more than fifty (50} per cent of total sales. (b) The term "specialty and novelty items" is defined as f ollows: (1) Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or har- vesting of any species of plant which is a controlled substance or from a controlled substance can be derived, as the term "controlled substance" is defined in the state penal code; (2) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances, as the term "controlled substance" is defined in the state penal code; (3) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is controlled substance, as the term "controlled substance" is defined in the state penal code; (4) Testing equipment used, intended for use or designed for use in identifying�or in analyzing the strength, effectiveness or purity of controlled substances, as the term "controlled substance" is defined in the state penal code; (5) Scales and balances used, intended for use or-designed for use in weighing or measuring controlled sub- stances, as the term "controlled substance" is defined in the state penal code; (6) Diluents and adulterants, such as quinine hydro- chloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances, as the term "controlled sub- stances" is defined in the State penal code; -45- , �.- • �f�-- . . .. _ . . . . . ��t'1_C�a�C�':'+:~.+^J��i� �q°.0 ...:)}. -�n•�.?tj 7 `f .. .':'r_ . .. ".. ' � • . :���� , .. . . . , � - . . . . . . (7) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana; (8) Blenders, howls, containers, spoons and mixing de- vices used, intended for use or designed for use in compounding controlled substances, as the term "con- trolled substances" is defined in the state penal code; (9) . Capsules, balloons, envelopes and other containers used, intended for use or designed for use in pack- , aging small quantitities of controlled substances, as the term "controlled substances" is defined in the state penal code. (10) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances, as the term "controlled substances" is defined in the state penal code; '(11) Hypodermic syringes, needles and other objects used, intended for use or designed for u�e in parenternally injecting controlled substances, as��the term "con- trolled substances" is defined in the state penal code, into the human body; (12) Objects used, intended for use or designed for use in injesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body such as: (a) metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, per- manent screens, hashish heads or punetured metal bowls; - . (b) Water pipes; (c) Carburetion tubes and devices; (d) Smoking and carburetion masks; (e) Roach clips, meaning objects used to hold burning material, such as a marijuana cigar- - ette, that has become too small or too short to be held in the hand; (f) Miniature cocaine spoons and cocaine vials; . (g) Chamber pipes; (i) Electric pipes; (j) Air-driven pipes; .� (k) Chillums; (1) Bongs; (m) Ice pipes or chillers; (13) Wearing apparel containing obscene pictures or words, such apparel being T-shirts, belt buckles, jewelry or any other wearing apparel. -�6- a:�.'T'�' _. . � . .. � � ' . - . .. -. . . � � � - � . .. . . . . . . .. `�Rl�tl.itR�wr'�?"�i ti.��`^..�V ' .. ..:_....._. -' _ .�h (14) Salves, ointments, jells, creams, jellies, lotions and oils advertised as designed as a sexual stimulus. (15) Magazines, books, records, cassettes, pictures, draw- _ ings and other similar material depicting and de- scribing sexual conduct in a manner that is designed for adult use and consumption. (16) Incense. 2. COMPLIANCE WITH THIS PARAGRAPH Notwithstanding any provision of any ordinance or any City Code provision currently in effect in the City of Grapevine, the operation of a specialty and novelty establishment permitted by the laws of the State of Texas, shall be regulated and governed as provided herein. 3. COMPLIANCE �VITH ZONING ORDINANCE The operation of a specialty and novelty establishment shall be illegal in the City of Grapevine, unless on property zoned specifically for that purpose within the S-P Site Plan District of the Comprehensive Zoning Ordinance. 12. BILLIARD TABLE AND COIN-OPERATED MACHINES 1. DEFINITIONS: a. Billiard Table: Any table surrounded by a ledge or cushion, with or without pockets, upon which balls are impelled by a stick or cue, and where the player thereon does not or is� not required to make a coin deposit causing an electrical connection of any nature or kind before such game may be actually com- menced. b. Skill or Coin-operated I�Zachines: Means every coin- operated machine of any kind or character what- soever, when such machine or machines dispense or S are used or are capable of being used or operated for amusement or pleasure or when said machines are �, operated for the purpose of dispensing or affording � � skill or pleasure, or for any other purpose other than the dispensing or vending of inerchandise, music or service as those terms are defined in Title 122A Taxation, General of the Laws of the State of Tesas. -47- � . . � . . .:. ..;.: , .. . , : _ , .. .. . _ , r' .. - i .r.: _:.3 r r' t�"�-' ,�.�. r.=)`•efC"J - _ .... .. .. .. _ . . ,.,-..,, - .. .. . . .._. .. ,. �.�,- .. � . . . � . .. . , .�i� ? - . . . . .. . . - ... . .... ._.... � .. ,- .. _... ....-.. ._..-.... ....,.-.�.u+...atin..l��h.._......___ . n.....�,....' . .� .. . � ._.-. . ._. .. . ...:r.� .. _ . The use of eight (8) or more such machines at any one location shall constitute a principal use. 2. Notwithstanding any other provision of this ordinance or of any ordinances of the City, the commercial use of billiard table or the commercial use of eight (8) or more skill or coin-operated machines shall be illegal unless the property is zoned specifically for that purpose in accordance with and pursuant to the S-P Site Plan District zoning category. ; . - _� , -4 8- _ .. ,_ , .� . _ _�.�,� -- . . . .__ _. ,. � : . .�-."�'`'�� -'. . , ...�.' . . . _ . . . . -�3.^�y,�tYf,+•: +►�.�G'C:i-� `.'-�.t�.:� 14d1'-�i�L:l `� f:r X � - - . ... .. . . . � . . . ., ,i �:. .s+'�+�4?C. �k.t:'�'�w..;��:� r4.'�ts i. ...-.. �.._ .+l�- � . ... �. .�� - SECTION 26. PUD PLANNED UNIT DEVELOPMENT 1. Purpose: The Planned Unit Development District is intended to provide for combining and mixing uses into integral land use units such as industrial parks, industrial, office or commercial centers, service centers, shopping � centers, residential developments or multiple or mixed housing, including multi- family dwellings, single-family dwellings, townhouses, or any appropriate combination of uses which may be planned, developed, or operated as inteD al land use units, whether by�a single owner or by a combination of owners. This zoning district shall be permitted only on tracts of land not less than ten (10) acres in area. While flesibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. 2. Procedure: The stages of procedure for a Planned Unit Development shall be as follows: a. Preliminary discussions between applicant and City Staff (Subsection 4 infra.). � b. Preliminary discussions between applicant and Planning and Zoning Commission (Subsection 5 infra.). c. Submission of application for public hearing, accompanied by the • Development Plan for Planning and Zoning Commission and City Council review and action (Subsection 6 infra.). d. Submission of project plan(s) to Planning and Zoning Commission for review and action for each individual phase of development within the PUD as it occurs. 3. Submission of Application: Any person, 'corporation, or group of persons having a proprietary interest in any property of ten (10) acres or more may file an application for a PUD Zoning District. Such application shall be submitted � and processed in accordance with Section 47 of this Ordinance. 4. Staff Review: Prior to or subsequent to the submission of an application for a PUD Zoning District, the City Staff shall confer and consult with the applicant to discuss the impacts on planning, engineering, water and sewer �; services, sanitation, building codes, fire protection, and traffic circulation. The City Staff may make recommendations to the applicant for amplification, '` deletion, or modification of the proposal. After a full opportunity for 1... consultation between the applicant and the City Staff, a written report shall be forwarded to the Planning and Zoning Commission containing City Staff comments, recommendations, and other information deemed appropriate by the Planning and Zoning Commission. 5. Planning and Zoning Commission Review: After the City Staff has submitted its comments and recommendations to the Planning and Zoning Commission, the applicant shall appear before the Commission and submit the development proposal for Commission review. No advertised public hearing is -49- . _ = . _. . . _ :;=: >�. _ , �.�°`. . .. . - '.. . .- . . . . , ... .. . ' ' _ ...... .... . , � . .. .' . • .r .. ..... . ' � . �- . , -. �^inv required since this is a meeting to determine planning details necessary to control orderly development of the site and does not require a final decision on the proposal by the Planning and Zoning Commission. 6. Planning and Zoning Commission Hearing: After review of the deve- lopment proposal and City Staff comments as submitted, the Planning and Zoning Commission shall hold an advertised public hearing in accordance with the procedures set forth in Section 51 of this Ordinanee. The applicant shall present the Development Plan, Section 1 infra., for Commission review and action. The Planning and Zoning Commission shall make its recommendation to the City Council in accordance with standard procedures for a change of zoning in the City of Grapevine. In approving the Development Plan and the ordinance establishing the Planned Unit Development District, the City Council shall, after recommendation of the Planning and Zoning Commission, specify such height, floor area, density, setback, landscaping, off-street parking, and all other standards as are appropriate for the. development. Such standards and requirements shall comply with the standards established for the specified uses in the particular districts in which they would ordinarily be permitted under appropriate sections :�i this Ordinance. ; � 7. Development Plan. 7.1 Submission of Development Plan: At an advertised public hearing conducted in accordance with Section 51 of this Ordinance, the applicant shall submit the Development Plan for the Planned Unit Development Zoning District to the Planning and Zoning Commission for review and action. 7.2 Contents: The Development Plan shall be drawn by a registered architect, registered surveyor, or registered engineer, and shall contain the following information: a. Date, scale, north point, vicinity map, name of owner, and name of person preparing the Development Plan. Metes •and bounds description of the overall tract with topographic contours of five (5) feet indicated to project the natural terrain and environmental character of the site. b. A written description of the existing and allowable land uses of the area surrounding the proposed PUD District. c. A written description of planning assumptions and projections relating the proposed PUD to the overall community growth and planning goals. d. A plan indicating location of public or private streets, alleys, setbacks, and utility easements. Where applicable, ,this plan shall indicate the - location of major and secondary thoroughfares, and their relationship to the NTaster Thoroughfare Plan. e. A categorical listing of the total acreage for each land use related to current zoning district designations for the specific purpose. The designated usage will be assumed to establish the area requirements as established within the zoning district in which the use would normally be -50- .__ .. .. . .: . � � . . � . . . . . .�.�l: "�' ~.^.j� F'�i�..?,��� 4 .. . . `��R�f�k::�lrrr;'.'•.. . ,z . . ��_�aa� .-;vr,�. ... " . . � . .. . . . --. _ . ' ... .. -. .. . .� w . .. . ... .. . ....< _. . . . . permitted. All height, floor area, setback, landscaping, off-street parking, and all other appropriate standards shall comply with the standards established for the particular districts in which they would ordinarily be permitted under appropriate sections of this Ordinance, and shall be designated accordingly if the PUD Zoning District is approved by the City Council. - f. Designation and location of open space for the total site. Common open space shall be provided in accordance with Section 9 infra. g. Graphic plan of the entire site, indicating clear delineation of eaeh separate phase of development, designated use or uses within each phase of development, anticipated development schedule for each phase of development, maximum number and type of residential dwelling units proposed for each phase, if applicable. h. 1. An application for a Planned Unit Development shall be accom- panied by a development schedule, indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule shall become part of the development and shall be adhered to by the owner, developer, and his successors in inter�s: 2. The Planning Department shall report annually to the City Planning and Zoning Commission the actual development accomplished in the Planned Unit Development as compared with the development schedule. 3. The City Planning and Zoning Commission, if in its opinion the owner or owners of property are failing or have failed to meet the approved schedule, may initiate proceedings under Section 51 to amend the zoning district map of the Planned Unit Development by removing all or part of the Planned Unit Development from the zoning district map and placing the area involved in another appropriate zoning district. Upon �the recommendation of the City Planning and Zoning Commission and for good cause shown by the owner and developer, the City Council may also extend the � development schedule or adopt such new development schedules as may be indicated by the facts and conditions of the case. 7.3 Amendment to Development Plan: Any amendment, supplement,- modi- fication or deletion of the Development Plan may be granted upon t � application by any person, corporation, or group of persons having a propriety interest therein. Any application for such amendment, � supplement, modification or deletion shall contain the information specified in Subsection 7.2 of the Section and shall be processed in accordance with the procedures set forth in Subsection 2 of the Section. 8. Project Plan: 8.1 Submission of Project Plan: After approval of the PUD Zoning District in accordance with Subsection 2 of this Section, the applicant shall submit a Project Plan describing each phase as it is to be built. No permit for ' construction for any building shall e issued prior to approval of a Project Plan. -51- ' . . . :. ._ �. .-••:;,_,- _. . . -. �:,;�, t., - . _ . � - ,:,;:, < < -� :*��-a.,� � .. � ,�.. _.,,. , , ... ... : : , - _ ;... . . .. .. .. ....... '""' ' .' " :..�.-..�r.: . . Y . Y .... . . .. �,�..� .. .- ..:�ci�r�Y� ......._ .Jl.�✓...� . . . .. .... . .._ ... . .. The Project Plan for the first phase of development may be submitted concurrently with the Development Plan at the public hearing to request the PUD Zoning District. 8.2 Contents: The project plan for each phase of development shall be drawn by a registered architect, registered surveyor, or registered engineer, and shall contain the following information: a. Date, scale, north point, vicinity map, name of owner, and name of person preparing the Project Plan. Metes and bounds description of the phase or sub-area to be developed. b. Actual iocation of all buildings to be constructed, indicating governing setbacks, points of ingress and egress to public or private streets or alleys, and designated proposed specific land use for all building areas. c. Clear designation of areas reserved for off-street parking and loading; type of surface material to meet City standards; the ratio of parking spaces to square feet of floor space or number of spaces provided for each dwelling unit. d. Center line of existing water courses, drainage featur�s, floodway and utility easements. e. Location and size of existing or proposed streets and alleys with location of all street intersections adjacent to the area of request. f. Location, type and height of existing and proposed fences or screening walls. g. Landscaping plan prepared in accordance with Section 31 of this Ordinance. h. Location and type of signs, lighting, luminaries, and exterior auditory speakers where applicable. p i. ' Dimensions of all boundary lines of individual lots or parcels. j. Protective or restrictive covenants, and homeowners association charters, where applicable. - _ 8.3 Staff Review: Upon submission of a Project Plan to the City, the City Staff shall conter with the applicant and may make recommendations for amplification, deletion, or modification thereof. After a full opportunity for consultation, the City Staff shall submit its comments and recommendations to the Plannin� and Zoning Commission for the Project Plan as submitted. 8.4 Planning and Zoning Commission Revie�v: After the City Staff has submitted its comments and recommendations to the Planning and Zoning Commission, the applicant shall appear before the Commission to present the Project Plan. The Commission may approve the project plan as submitted or approve the plan with modifications. No advertised public hearing is required so long as there is no significant variance from the Development Plan. Applicant -52- � . ' . . . �'� _ . . � - • T,J•"1S1 �C:�� ... . . ..i . . , . - . .. � . . . '' . .. . �' . �`� � .. . ... _'aV . ._. Y�� � . . may elect to classify the Project Plan as a preliminary or final subdivision plat, provided all requirements of the Subdivision Ordinance are met. 8.5 Time Limit for Development of Plan: Subsequent to approval of a Project Plan, a permit for construction shall be applied for by the owner within twelve . (12) months from the date of Project Plan approval. If no permit for construction has been issued at the end of the twelfth month, the Project Plan shall be considered null and void. After a Project Plan has expired, a new Project Plan shall be submitted in accordance with all provisions of Subsection 8 of this Section prior to�the issuance of any permit for construction. At the time of expiration of a Project Plan, the Planning and Zoning commission may elect to require re-evaluation of the phase or sub-area. If they so elect, public hearings will be initiated on the phase or sub-area in accordance with the provisions of this Ordinance. 9. PUD Open Space Policy: Common open space shall be provided at a minimum ratio of .O1 acres for each residential unit. All private park areas shall have grounds and equipment maintained in an attractive manner. Private park areas must be committed to permanent open space by deed restrictions, to be maintained by the property owners or homeowners association, as the case may be. 10. Appeals: In the event that any owner of property which has been granted PUD zoning objects to any action of the Planning and Zoning Commission in connection with a Project Plan, he may file with the City Secretary a written objection to such action within ten (10) days of the Planning and Zoning Commission action. Any land owner who files such written objection shall have the right to present such objection to the City Council. Notice of the date of the City Council meeting at which such objection will be considered shall be given to the party filing such objection, but no other notice thereof shall be given. The City Council shall review the decision of the Planning and Zoning Commission and the objection filed, and take such action as it deems appropriate. 11. Every Planned Unit Development approved under the provisions of this ordinance shall be considered as an amendment to the zoning ordinance as applicable to the property involved. In carrying out the development of a Planned Unit Development, the development conditions and the development schedule shall be complied with and such conditions as are specified for the development of a Planned Unit Development shall not be construed as cr�nditions precedent to the approval of the zoning conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the � , granting of a certificate of occupancy and compliance as required by Section 42. -53- � . . . . � ti . . t,` . � � . . . . . � _, . . .� .. � . � . . . . : , . . . . . . , . � .- � . . . . . . � ..�`c„�,►�'iy�""�t�'"'L ...�.�.:��. .:'�.�C�A.F�4i11`h-„A�yr��:.f �';'1y.-s a�-r.s!:3..'��s�tiiwsN'�l}ti'i� ��.,�l�I��` _ � 'a`h��(.���� . . .i. ..- �..: � . . . - .. . . . � 'K'.I.- . . .. .�i . '. . . . . . + SECTION 27 RAILROAD RIGHTS-OF-WAY AND TRACKS Railroad rights-of-way and tracks shall be permitted within any zoning district `__ established and created by this ordinance except that passenger stations, railroad - � yards, switching tracks and loading facilities shall be located only in a district - - � authorized and permitted by this ordinance. J . / -54- .._ . '. ..c � . . . .. - .. - ..... . :- . .. . . .. . :, . . .t{, x ra r S.i' :�. "c^' �ti�f�'�?'r- h` t.� .�C�1>�ii.,a,�.y}'4 �r ::i.� . . , f^+ �;��:� . .. . .. .. . .. . - -.- - ��--- � . . ..�... �- . . . . . . . . _ . . . . . � .n..w.:_ . . w , �. � -.. .._. . ..� . . . � - . . . . � . . . . . _ SECTION 28 TEMPORARY USES: A. The following uses, which are classified as temporary uses, may be permitted by the City Council in any district not to exceed a period of thirty (30) days except for No. 7 which shall be issued for a period of one (1) year or less, subject to compliance with all other applicable City � ordinances: 1. Carnivals. 2. Circus. - 3. Fairgrounds. 4. Religious assemblies. 5. Sports events. 6. Political rallies. 7. Concrete mixing or batching plant uses temporarily by contractors during the construction of public improvements or buildings, and in such cases, the period of time for which the use is granted may be for a period of time provided in the contract for completion of such public improvement or building, providing such temporary use renewed annually. . 8. Armed Forces displays. 9. Educational displays. 10. Temporary sales of inerchandise by non-profit organizations. B. A temporary use shall not be permitted nearer than 250 feet to a residentially zoned district escept for No. 7 which shall not be located closer than 1000' to a residentially zoned district. C. A permit for the temporary use of any property for the above listed uses . shall be secured from the Building Inspection Department prior to such use after approved by the City Council. D. Use of a parcel of property for any of the above listed uses at any time on any day shall constitute a days use. Use of a parcel of property for any of the above listed uses for more �than thirty (3D) days except for concrete mixing or batching plants, during any one year shall constitute a permanent use and such parcel of property shall automatically again be subject to the district regulation of the zoning district in which such parcel of property is located. -55- . . . . . . . � ... . .,. , . _ . � . . .. ._ . �.. � � . . . ..�.:'�:?.,c,Z�Fti-:::-• - .�t R. .. . . . ,. . . •.�.., .y.�i+r . " ' ' -`. ........: .:. .:'. ��.•.., .�.:.:ry - � -. . . ... . - �- . _ .. . _. � . _ . . ...�,' �_.;'_r �__ .y.. i t,` - 'tyJta'r�r . . .. . ..... • .., . . � y _ . . '3' �~t l .' . ... . ... .. . . .. .. ........,.. �� .::........s..:.�r_:��_...�: ':.�•�:x.:�'I��a.m;a►�l��f�: �.::.....:. .u..�.. -. .. . .. ... . ...,. � ..�y . r...:- ,. . . .. SECTION 29 SALE OF ALCOHOLIC BEVERAGES: A. Notwithstanding any other provision of this ordinance the storage, possession, sale, serving, or consumption of alcoholic beverages, except for the consumption of the occupants or owners of the premises and their guests at no charge, when permitted by the Laws of the State of Texas shall be regulated and governed by the following use regulations and requirements: . 1. Definitions. For the purpose of this ordinance the following words and phrases shall have the meanings ascribed to them as follows: a. Alcoholic Beverage means alcohol, or any beverage con- taining more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, � either alone or when diluted. . b. Restaurant shall mean a restaurant or eating establishment whose gross sales in Grapevine from food on an annual 5asis at the location zoned S-P represent at least Fifty pe:�ent (50°0) of its total sales. _ . �, _ B. The storage, possession, sale or serving of alcoholic beverages by any party for either on premises or off premises consumption, shall be illegal unless on property zoned specifically for that purpose as a S-P Site Plan District in accordance with and pursuant to Section 25 of this ordinance. C. No party shall sell or serve alcoholic beverages for on premises consumption as the holder of a Mixed Beverage Permit except in a restaurant or on the premises of an entity whose principal business is transporting of the general public and is operating pursuant to a Certificate of Public Convenience and Necessity issued by a Federal or State Regulatory Body. D. The party or entity operating a restaurant that is zoned S-P Site Plan District that permits the sale of alcoholic beverages for on premises consumption shall on an annual basis, no later than the lOth day of the month following each twelve months of operation, file with the City Secretary an Affidavit, on an officially approved form provided by the City Secretary, that reflects gross sales for the preceding Tw�lve (12) months breaking down the sales of food, alcoholic beverages and other items. The party shall also file on an annual basis at the same time the Affidavit is filed a copy of the filing supplied to the State of Texas for sales tax and alcoholic beverage tax purposes. All such filings shall remain confidentiaL ' E. A Certificate of Occupancy shall be issued by the City's Building Inspection Department at such time as the party complies with all aspects of this zoning ordinance and all other applicable ordinances. No Certificate of Occupancy may be assigned or transferred and same is valid only as to the recipient. No party may operate a restaurant that is zoned pursuant to Sections 25 and 29 of this ordinance without a valid and current Certificate of Occupancy. -56- r � - • . . �...�f J �:�- t�t .-.. .�. .�..' . .:.i> �::-•�.�'� - •.';:� : d. ' .� ..1a. .,,�:.. ^y . F. 1. The City's Building Official upon receipt of information from the City Secretary that the holder of a Certificate of Occupancy under Section 29 of this ordinance has failed to comply with one or more of the requirements may caneel and terminate the party's Certificate of Occupancy by giving the party written notice that specifies the violation. The notice requirement from the City shall � be satisfied by placing said notice in the United States Mail addressed to the last address provided the City by the entity or party that holds a Certificate of Occupancy. The notice from the City shall state that the Certificate of Occupancy shall be cancelled unless the party or entity corrects the violation within thirty (30) days of receipt of the notice except as hereinafter set out. However, a party oc entity that submits an annual report pursuant to Section 29(D) that dces not satisfy the 50°o require- ments relating to food sales shall have the alternative of filing monthly reports for a period of six (6) months. The monthly reports shall contain the same information and be in the same form as the annual reports except that said monthly reports shall reflect a cumulation of total sales for the preceding twelve month period reflected in the annual report added to the monthly sales. 2. The party or entity submitting the monthly reports shall be deemed to have satisfied the Section 29 requirements ;iY the monthly reports on or before the final sixth month reports filing show total sales from food to be at least fifty (50) percent of total sales. 3. Failure to file the monthly reports or failure to satisfy the food sales requirements by the end of the six (6) month period shall result in cancellation of the Certificate of Occupancy without the necessity of further notice. -57- � � . . - . • _ ' r.•'. ._ . ._ , .. . _ . _ . . .- _ ..,. . � : .. ' � . .. . . � _:�<���.v"S.rt.�-�6-►r s . . _. ♦ .i:.�'>> :i.y:.a :^�' _r: , w.i-.'S: :`+f;h-. � r�;.�n . .-� . ?'_<?��r.:�'^.:�t t , . �.�t'-�-. -. . �-.,. � <:^� � ��.: . .� .. . ...,j.-...� C..,.. ,��n;-.�n. r ;.a �r.:',":. Y! . �.:..;. . .. T . , -. .-' � . � ... .�. . , . � .. SECTION 30 SCREENING A. Purpose. To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses, regulations are prescribed herein for the location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the following standards. B. Location of Required Screening. 1. Where the side, rear, or service side of a four family, multi-family, or non-residential use is adjacent to a single-family, two-family, or townhouse residential district, screening of not less than six feet (6') in height shall be erected separating the use from the adjacent residential district, said screening shall be in accordance with screening Alternates A or E. No screening is required adjacent to a street. 2. Where the side, rear, or service side of a non-residential use is adjacent to a four family or multi-family district, screening of not less than six feet (6') in height shall be erected separating the use from the adjacent residential district, said screening shall be in accordance with alternates A or E as set forth in Section C. No screening is required adjacent to a street. 3. For all uses other than single-family, two-family, and townhouse dwellings, refuse storage areas not adjacent to an alley shall be visually screened by a six foot (6') high solid fence or wall on all sides except the side used for garbage pickup service, such side shall not be required to be screened. C. Screening Standards. Under various zoning districts and circumstances, screening is required. The following are the approved types of screening as referred to in various places in this ordinance. 1. Screening Aternate A. Screening Alternate A shall consist of a solid masonry or concrete wall to a minimum height of six feet�(6') measured from the average grade of the nearest property line of the property adjacent to that on which the screening is required. 2. Screening Alternate B. Screening Alternate B shall consist of a hedge row of evergreen shrubs of a variety which will normally grow to a height of six feet (6'). All plants shall have a minimum height at the time of planting of one-half (1/2) of the required screening height. 3. Screening Alternate C. Screening Alternate C shall consist of a concrete or masonry wall as specified in Alternate A to a minimum height of six feet (6') measured from the average grade of the nearest property line of the property adjacent to that on which screening is required and evergreen trees. Such trees shall be a minimum of two inches (2") trunk diameter and shall be planted not more than thirty feet (30') on center. -58- -. _ _.. . � � - - -� _ _•:�;• :; i"� .. . ..�.ti.�.. :r»". ... i.t. . . . - ' .... _ . . _ . � �1_�:. -�a:.; �.n '°s r�� � .r.._ i,b.;�rr.l. j ��r :'sE'i.�C�.li.t �'1:?;^ - . . . _ . , .. . . . ' . . ., . , , .._ .'S"J . . . ..... . ...__. _ , _ _. . _ _. .r. . . 4. Screening Alternate D. Screening Alternate D shall consist of landscaped earthen berms to a minimum height of six feet (6'). Side slopes of berm shall have a minimum of two feet (2') of horizontal distance for each one foot (1') of height. Berms shall contain necessary drainage provisions as required by the City _ Engineer. Landscapting shall be as required in Section 31. 5. Screening Alternate E. Screening Alternate E shall consist of a solid wood fence to a minimum height of six feet (6') measured from the average grade of the nearest property line of the property adjacent to that on which the screening is required. 6. Screening Alternate F. Screening Alternate F shall consist of a chain link fence with redwood slats to a minimum height of six feet (6') measured from the average grade of the nearest property line of the property adjacent to that on which the screening is required. D. Maintenance. All required screening materials shall be maintained in a neat and orderly manner at all times. This shall include, but not be limited to prunning, fertilizing, watering, mowing, weeding, and other such activities common to the maintenance of landscaping. Appropriate facilities for watering any plant material shall be installed at time of planting. Screening areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the screening or landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. All plant material which dies shall be replaced with plant material of similar variety and size. E. The Planning and Zoning Commission may recommend and the City Council may require screening, fencing and landscaping requirements on any zoning case in addition to or in lieu of screening or fencing requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictate a need to require such devices in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general. -59- ,-, T� .�•+�`.e ..��.....�w� ��"�. . . - . .. . � . . . . . .._ . � -. . . , � . ... ...r-y...j .�.:'`1 . . - . . SECTION 31 LANDSCAPING A. Landscaping is accepted as adding value to property and is in the general welfare of the City. Therefore, landscaping is hereafter required of all new construction occuring within the City, except that single-family dwellings shall be exempt since such uses rarely fail to comply with the requirements set forth in this Section. B. Prior to the issuance of a Certificate of Occupancy for any use other than single-family dwellings, a Landscape Plan shall be submitted, showing the location, name, quantity, and size of any landscapte .plants, landscape paving, benches, screens, fountains, statues, sprinkler or water systems, or other landscape features; building, parking areas, drives, walks, adjacent streets, and alleys. The Landscape Plan shall be drawn to scale and of such size as to be legible. Landscaping shall extend beyond the property line to the curb or paving line of all adjacent streets and alleys. C. All required landscaping in yard, setback, parking, service and re- creational areas shall be composed of natural vegetation such as lawns, tr�es or shrubs. Where the use of a living screen is required or proposed, such screen shall be included as an element of the Landscaping Plan. A m�inimum of two (2) percent of all parking areas shall be landscaped. On parking areas having not more than two (2) rows, the two (2°'0) percent requirement can be met in perimeter landscaping. For lots having more than two (2) rows, at least one-half (1/2) of the landscaping requirements shall be internal to the lot. D. Prior to the issuance of a Certificate of Occupancy all screening and landscaping shall be in place in accordance with the Landscape Plan required in Subsection B of this Section. E. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash; -litter, weeds, and other such materials or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant material which dies shall be replaced with plant material of similar variety and size. F. Rigid compliance with these landscaping requirements shall not be such as to cause visibilitv obstructions and/or blind corners at intersections. As determined by the Building Official, the requirements set forth herein shall be reduced to the e�tend to remove the conflict. G. 1. NIinimum landscaping requirements as hereinafter described shall be provided and maintained in the following zoning districts: R-3.5, R-3."5, R-!�IF-1, R-1�IF-2. Total site area devoted to landscaping will be 15°� with not less than 50°0 of the landscaping being located in the required front yard. 2. Nlinimum landscaping requirements as hereinafter described shall be provided and maintained in the following zoning districts; P-O, -6 0- -�.��w7A .,a�Y �.'4:'h .Y'1Iv .4�,�� ') •:!Jl]r�. ��� .}''+t'� �•,•'+`:k �M.V;,�c :e.`:.r �,� _:�r�..--.i . . . - . . , . . . .. . . .r1r . . . � . ... _ . .. � . . . .. .. . . . . . . '.. ...e ..:.d..rH��- ...... �a..✓�...- . . .... .. .� .� � . . .. ... . .._`c. . . . . . . . C-N, C-C, C-OU, M-F4V, ML, and IPAR. Total site area devoted to landscaping is 10°o with not less than 50% of the required landscaping being located in the required front yard. All landscaping shall comply with the requirements of Section 31 of - this ordinance. % -61- � , ' .� .. — . _. • . - . . . ... . ... -.. ' . . �� . ' .. - � ..e�ti.� ;:Y '.*r!lw 1 Y 1-.v� 1 / . . . . ... ' . . , ' . '... � _ . . . . . . .. . .. . . ........�. .. . -....,��'w.�..:�v.: . .. � � � . ... ...w..��- .-.r��.�i.::�:ahr6�'i . .�* . . � . � ""' _. � a���.r . � SECTION 32 MASONRY REQUIREMENTS All principal buildings and structures located in the following zoning districts; R- 3.5, R-3.75, R-MF-1, R-MF-2, and R-TH shall be of exterior fire resistant construction, having at least eighty (80°G) percent of the total exterior walls below the first floor plate line and all principal structures in the P-O, C-N and C-C Zoning Districts shall be of exterior fire resistant constructivn having at least fifty (5040) percent of the total exterior walls below the first floor plate line, excluding doors and- windows, constructed of brick, stone or other masonry or material of equal characteristics in accordance with the City's Building Code and Fire Prevention Code. ; - ; -62- ...��J�:... . . -.� - .. . • - . . . ' . � .�• . . , � ' . . . . . . . .. .• . ' ' '• . . . .. .�.. '"� -'q°1�w ��.�'.'�:`u�.i=�^i):�. ,�'+:' e'�' _ .. .=:.�Z .:t t -� ,�... -� _ -... _ . . . . . . . . . . . . . .. ..�• . .. .- . . . . .. .. .. . ... �.f�..s . SECTION 33 PERFORMANCE STANDARDS A. In any district no land shall be used in any manner other than in compliance with the performance standards herein set forth. 1. Fire and Explosion Hazards: All activities involving, and all storage of inflammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire � and explosion. and adequate fire fighting and fire suppression equipment and devices, standard in the industry. Burning of waste materials in open fires is prohibited at any point. The relevant provisions of state and local laws and regulations shall also apply. 2. Radio Activity or Electric Disturbance: No activities shall be permitted which emit dangerous radioactivity at any point or electrical disturbance. All applicable state and federal regulations shall be complied with. 3. Noise: At the points of ineasurement specified in Subsection B, the masimum sound pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the values for � octave bands lying within the several frequency limits given in Table 1, after applying the correction as shown in Table 2. The sound pressure level shall be measured with a Sound Level i�'Ieter and Associated Octave Band Analyzer conforming to standards prescribed by the American Standards Association. (American Standard Sound Level Meters for measurement of noise and other sounds, Z 24, 3-1944, American Standards Association, Inc., New York, N. Y. and American Standard Specifications for an Octave- Band Filter Set for the analysis of noise and other sounds, Z 24- 10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, N. Y. shall be used). Table 1 Frequency ranges containing Octave Band Sound Pressure Standard Octave Bands Level in decibels in cycles per second re 0.0002 dyne/cm2 ( 20-300 60 � 300-2400 40 ' above 2�00 30 �__ If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more of the corrections in Table 2 shall be applied to the octave band levels given in Table 1. -63- . __ - � . __ . ,; _ � . . . _ , .. . ,. . � _: . :.. .;. � t-r' i....--=: :., ,K�;•;,_. _ �- , . . . _ . . . , .. . _ . . . _�- t.-- .r .��;a. �,'�>�-x- =:�r}"i.';�J.�+�� ',AY��:�a u 'tg:i.-�k.ti:.,'=,5a�•a .,s=<� _-r� � . . . . . . . ' . .. . . - . . . .. ''El. . .. . _..�... .� . . . - . . . . ._ .�- . . . . .. . . R Table 2 Type or location of operation or character of noise Corrction in Decibels Daytime operation only 5 Noise source operates less than:l (a) 20°0 of any one hour period 5 (b) 5°0 of any one hour period 10 Noise of impulsive character (hammering, etc.) -5 Noise of periodic character (hum, screech, etc.) -5 Property is located in one of the following zoning districts and is not within 500 feet of any "R" distict�• (a) C-C, C-OU, C-W or M-FW district 5 (b) R'I-L or F district 10 * 1. Apply one of these corrections only. J * 2. A district designated for future residential development in the plan. 3. Vibration: No vibration shall be permitted which is discernible without instruments at the points of ineasurement specified in Sub- section B. 4. Glare: No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, so as to be visible at the points of ineasurement specified in Sub-section B. This restriction shall not apply to signs otherwise permitted by the provisions of this ordinance. 5. Liquid or Solid tiVaste: No discharge at any point into any public sewer, private sewer disposal system, or stream or into the ground, e�ccept in accordance with standards approved by the State Health Department or standards equivalent to those approved by such department, for similar uses, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewaoe treatment or otherwise cause the emission of dangerous or offensive elements. B. In order to determine if actual violations are involved, certain measure- • ments are necessary for the enforcement of performance standards herein set forth pertaining to noise, vibration and glare. These measurements are as follows: 1. Twenty-five (25) feet from the source of origin at the closest lot line in any district. -6 4- _ - _ .., .. � ,: /,_ � .._ . . ., .. . ,. ._ _ , ... . - ... . .' ..c . -. . . . . . _. . .. —, .`s_: \ . . , +wt ,.`1. _ �r�r� �.n... "s::_ �.a�;,.: 11` _. C. Qualified expert consultants may be employed for analysis if, in the opinion of the Building Official the proposed uses may cause dangerous or objectionable emissions. These reports shall be presented without delay with a copy for the applicant. D. Within thirty (30) days of receipt of application or in case of a required expert consultants report, within a reasonable and mutually agreed upon period, the application shall be reviewed by the City Council, after which the Building Permit shall be issued, refused, or granted subject to modification of plans. E. In case of alleged violations of performance standards, the Building � Official shall investigate and report to the City Council on any deviations from the performance standards. The City Council shall analyze the report with the help of qualified experts, and after public hearing, shall determine whether or not a violation is established, otherwise by the City. ; f � . ; , _ -65- _.''t �ti�'1a't t-`:;�s�'� V:'rc.. . . . . , . . _ , .� . . .. .. .. .. -_. . . .... . ...�.,a. .., '......_ . .... � ..._. . . - . ... ' ' ' ' . �" �. .C.'... ..-. . +:7 ..�._. ...:..' ...��- .. ,:.�n-. .:� SECTION 34 OFF STREET PARKING REQUIREMENTS: In all zoning districts there shall be provided in connection with appropriate allowable uses, off-street parking space in accordance with the following requirements: A. Minimum Off�treet Parking Requirements: The minimum number of off- � street parking spaces herein required shall be computed and provided in accordance with the following specifications: ' 1. The number of spaces required shall serve res�dents, customers, patrons, visitors and employees. 2. Each parking space shall have adequate drives and room for ingress and egress to each parking space with a minimum size of eight (8) feet by twenty-two (22) feet for each parallel parking space and nine (9) feet by eighteen (18) feet for each angular head-in parking space, and shall be designed in accordance with minimum City standards. 3. All maneuvering for off-street parking shall be accompli���_d on private property. � ; - - , B. Unclassified Use: Where the proposed land use cannot be classified within the uses herein specified, the City Council shall determine the specified use most clearly related to the proposed use and the minimum requirements for the specified use so determined shall apply to the proposed use. C. Number of Parking Spaces Required: Th�e minimum number of off-street parking spaces required shall be as follows: NUMBER OF REQUIRED USES PARKING SPACES FOR EACH RESIDENTIAL USES ' - Singl�Family Dwellings; Attached, Detached, Townhouse, Duplex 2 Dwelling Unit Mobile Home Subdivision 2 Dwelling Unit Apartment, Gondominiums, TripleY, Fourplex 2 1/2 Dwelling Unit Transient Accomodations: 1 Guest Room Lodging & Boarding Houses; Dormitories; Hotels & Motels INSTITUTIONAL USES Church 1 3 seats in main sanctuary -6 6- � ="'t4:_T.:, !�.-.`.�-•.�..�'�^;!' . . , �' . _. . . .! `�•� - ..�� � . . . , • ' �5 -.�c • � .. _ _ ._ . � .. . 4 Public, Community, Health 1 200 sq. ft. of Welfare Center gross floor area Institution: Religious 1 200 sq. ft. of Charitable or Philantropic gross floor area Organization � Place of Public Assembly 1 3 seats Hospital, General Acute Gare 2 Each bed Hospital, Chronic Care 1 Each bed Nursing, Convalescent Home or 1 Each 5 beds, plus Institutional Home for Elderly 1 for each day staff inember Residence Home for Elderly 1 Dwelling Unit Day Camp, Kindergarten, 1 5 pupils or Day Nursery , � Governmental Office Buildings, 1 200 sq. ft. of Libraries, NIuseums floor area School-Elementary 1 20 students (Design Cap.) School-Junior High 1 15 students (Design Cap.) School-Senior High 1 3 students (Design Cap.) School-Private 1� - 10 students Lodge or Fraternal 1 200 sq. ft. of Organization Building gross floor area FOOD & BEVERAGE SERVICE Eating or Drinking Establishment 12 plus 1 50 sq. ft. . Service to Auto of floor area Eating or Drinking Establishment 5 plus 1 Each 3 seats __ No Service to Auto (Design Cap.) OFFICE, PROFESSIONAL OR FINANCIAL USES Bank or Savings & Loan Office 1 300 sq. ft. of gross floor area �Iedical or Dental Clinics 5 plus 1 150 sq. ft. gross floor area -67- _ , . . _ _ ,.• ._ .. ._ .. . . . ._. .. .��� >. .-L�a 1.-n , .-.�n. . ..`�'� _ . a. � . . .. , � .�. ..�1?Cr'..'t�.���,�f.r;:: A..-�v^.•:�r+iSri..')'u�.+�;`t^.rs � �v!Y. , .. . . . . . -. � � - . .... .. .. . . .. . ._. ..r. �� � � � Office: General 5 plus 1 200 sq. ft. of floor area Dance, Drama or Music Studio 1 2 students (Design Cap.) PERSONAL SERVICE & RETAIL USES Personal Service Establishment 5 plus 1 200 sq. ft. � gross floor area Retail Establishments in Buildings 5 plus 1 200 sq. ft. gross floor area Outdoor Retail Sales 1 600 sq. ft. site area exclusive of buildings RECREATION, SOCIAL & ENTERTAINMENT USES Indoor Commercial Amusements 1 Per lOC �q. ft. of encic_Y� f;oor area ; . - - � Outdoor Commercial Amusements 20 plus 1 6 seats Bowling Alley 20 plus 2 Per lane Outdoor Theatre 1 2 seats D. Exceptions: Groups of uses requiring vehicle parking space may join in establishing group parking areas with capacity aggregating that required for each particular use. �Vhere it can be established before the Building Official that parking for two specific uses occurs at alternating periods, the parking space requirements of the use requiring the greater number of spaces may be applied to both uses in a combined parking area. Example: Church and professional office building. -68- . . . .. . _.. .. . . � � . . .- . . � .. .:,r.. . . . . ' � .. ... -� ' - .. - • . ...... . i�- _ --n;•? , . . - t , �rti::�. _ �� �i - "'"' -:3,Fr'-*�"trji �t-��„�ti•4 >� ":;�� �:Y:r: :�X - . , . � . - . . . . .. . -�� . -� . . .._ . .. ,. • .� .. : • ...�.-vr.n�.:--..�r��.n:i...�s.rC.;.��1���, �.......�. �s.•✓..:v i........�.�� . . ... ... .. ..�r" �� . . . . . SECTION 35 OFF STREET LOADING REQUIREMENTS In all zoning districts there shall be provided in connection with appropriate allowable uses, off-street loading facilities in accordance with the following requirements: � A. Minimum off-street loading requirements. The minimum number of off- street loading spaces herein required shall be computed and provided in accordance with the following classifications: 1. Any department store, ,industrial plant, manufacturing establish- ment, retail establishment, storage warehouse, or wholesale es- tablishment, which has an aggregate gross floor area of 10,000 square feet or more, arranged, intended or designed for such use shall be provided with off-street truck loading zones or docks at least 12 feet wide, 14 feed high and 35 feet long in accordance with the following table: Square feet of aggregate gross floor area: Required number of spaces -0- to 40,000 1 40,001 to 100,000 2 100,001 to 160,000 3 160,001 to 240,000 4 240,001 to 320,000 5 320,001 to 400,000 6 400,001 to 490,000 7 For each additional 90,000 over 490,000 1 additional 2. Any auditorium, convention hall, exhibition hall, hotel, restaurant, sports arena, arranged, intended or designed for such use shall be provided with off-street truck loading zones or docks at least 12 feet wide, 14 feet high and 35 feet long in accordance with the following table: Square feet of - aggregate gross floor area Required number of berths 150,000 or less 1 150,001 to �00,000 2 . __ 400,001 to 660,000 3 660,001 to 970,000 4 9 i 0,001 to 1,300,000 5 1,300,001 to 1,630,000 6 1,630,000 to 1,960,000 7 1,960,001 to 2,300,000 8 For each additional 3�0,000 over 2,300,000 1 additional -69- ' `� "`. . _ . . . " . .. . ���. - .. . .- , . ... . ... .. � -. . , � -. -y:� e T1''" �!�• . . . . . .... .. . . ... .....,..:.. � 1.�:,'.___,.�.'..;.ir_:��_.:.�...w-'w�i:::ra:'-�ir'.�.��1'�..� . . .. _ ' ' . .. _ .',.9 ......_ ..a..r.. 3. Any bus depot, trucfc terminal, or other similar personal and/or material terminal facility shall be provided with off street loading spaces at least 12 feet wide, 14 feet high, and 35 feet long in accordance with the following: One loading space for each bus, truck, or transit vehicle normally operating from such terminal during peak operation periods. ; . - - , -;n- _ � . _ , . _ , -_ . - . . . - . . '� : .^.;'ry!G;�.,!�:;'?:�.:'s.,.:.;Y.�;,•,i'�;,r,.••r ,. . t �-, �z , ,, ::�c � . , . . . . ..z� _ , . .. .. SECTION 36 PARKING AND LOADING AREA DEVELOPMENT STANDARDS A. The off-street parking facilities required for the uses mentioned in this ordinance, and other similar uses shall be on the same lot or parcel of land as the structure they are intended to serve, or upon a lot or parcel of land within 300 feet of the lot or tract of land upon which the - structure they are intended to serve is located and shall be exclusive of landscaping requirements. B. All required off-sireet parking and loading and drives, vehicle {autos, trucks, trailers, boats, etc.) sales, display areas in all districts shall be paved to a minimum standard equivalent to four (4) inch concrete slab with 6" :c 10" gauge mesh or two (2) inch hot mix asphaltic concrete over six (6) inch crushed rock base. Exceptions to these pavements must be approved by the City Engineer, and be based on equivalency. All reinforcing in concrete shall be suspended in the center of th slab. C. Entrances and/or exits on a public street shall not be located less than one hundred fifty (150) feet from the nearest point of intersection of two street right-of-way lines unless the tract is not of sufficient size to acomodate this restriction. In that instance, the driveway hall be located as far as possible from the intersection. The width of opening on entrances and/or exits shall not be less than twelve (12) feet nor more than forty (40) feet depending on the amount of lot frontage where such opening is to be located. Only one (1) driveway approach shall be permitted on any parcel of property with a frontage on a public street with a lot width of one hundred-fifty (150) feet or less. Additional openings for parcels of property having a frontage of 150 feet or less, may be permitted after proof of necessity and convenience to the public has been established by evidence submitted to the Director of Public _ 6'Jorks. Between any two (2) adjacent entrances and/or exits serving the same parking facility, there shall not be less than twenty (20) feet. D. No loading space shall be located closer than fifty (50) feet to any other lot in any "R" District, unless whol�y� within a completely enclosed building or unless enclosed on all sides by a wall not less than eight (8) feet in height. E. Lighting facilities, if provided shall be so arranged as to be reflectd away from residentially zoned or used property. They shall provide illumination within the parking facility not to exceed one (1.0) foot candle-a-t ground level, and shall distribute not more than two tenths of one (0.2) foot � candle of light upon any adjacent residentially zoned district. F. The parking area shall be used for passenger vehicles only, and in no case � shall be used for sales, repair u�ork, storage, dismantling or servicing of any vehicles, equipment, materials or supplies. G. The off-street loading facilities required for the uses mentioned in this ordinance and other similar uses, shall be on the same lot or parcel of land as the structure they are intended to serve, or on a lot or parcel of land abutting the structure they are intended to serve. H. All parking, loading spaces and vehicle sales areas on private property shall have a vehicle stopping device installed so as to prevent parking of -71- ,' . . _ . . . _ __. ... � , .... . . • . , _ . . . ,i . �: �i� > -'-. "_�s� . �a� : +� ti J.,:� '^R'1.\�h�2-'t%� ir ia� ' t r. .i �,��F �. ' - .. , . - - ... . , .? . . . . .. . .. . � . .. .. _ .1. . �. .,. ..,iD". �.-^`�`...r;' .y.,- 5i�>^n 4..--.'1xn '+- , .- -.. . . . ... , .. _. . . . . . . _ ..�. ' . motor vehicles in any required landscaped areas, to prevent any parked vehicle from overhanging a public right-of-way line, or public sidewalk. An overwide sidewalk on private property may be permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed three (3) foot minimum sidewalk width. This requirement shall apply only where spaces are adjacent to the walks, right-of-way, and landscaping. Parking shall not be permitted to overhang public right-of-way in any case. I. Driving lane widths in all private parking lots shall conform to the following standards: 0� - 45�.......................................... 18 feet minimum 46� - 90°......................................... � 25 feet minimum All turning radii............................... 25 feet minimum J. In non-residential districts, surface parking may extend to the front property line, except for required screening and landscaping as set forth in the various sections of this ordinance. K. � In determining the required number of parking spaces, fractional sp��as shall be counted to the next whole space. Parking spaees located �vithin buildings used for repair garages or carwashes shall not be counted in determining the required minimum off-street parking. L. Floor area of structures devoted to off-street parking of vehicles shall be eYcluded in computing the floor area for off-street parking requirements. M. Kindergartens, day schools and similar child training and care establish- ments shall provide loading and unloading space on a private drive, off- street to accomodate one (1) motor vehicle for each ten (10) students or children, design capacity, cared for by the establishment. -72- : . . ...::. . . ..._ . , .,;.._::. , ., ' . . . ' • i ' ' Y . J . �� � . t r_� -�.L� T:�.(� '1�Vn_1�T�4'5��1.,nr�+ "S .�.�'.�f �i�./�•. � �l. � .. _ - . - ._ ' . . � • �...._,..L.Jr.:� vni:�i.:�fI�N,H" . ��.�..1' . �......,_ nJ���i..� - . . � .. . . . • ��� . .. M .•. . . .. . ... . ..v.nf�:� . . .. . . SECTION 37 ACCESSORY BUILDINGS A. An accessory building� not exceeding one story in height may occupy not more than 60 percent of a minimum required rear yard. B. An accessory building exceeding one story or more in height may occupy not more than 40 percent of a minimum required rear yard. C. An accessory building attached to the main building shall be made structurally a part and have a common wall with the main building and • shall comply in all respects with the requirements of this ordinance applicable to the main building. Unless so attached, an accesory building � in an "R" (residential) distt ict shall be located on the rear one-half (1/2) of the lot and at least ten (10) feet from any dwelling building existing or under construction on tt�e same lot or any adjacent lot, except swimming pools, which may be located nearer then ten (10) feet from any dwelling existing as long as the excavation of the swimming pool does not - in any way harm or endanger the existing building or dwelling. No accessory building shall be located nearer than six (6) feet to any rear lot line and shall be subject to the same side yard requirements as the � principal structure. In the case of a corner lot, no accessory building shall be located within any side yard required on the street side. A garage, detached from the main building, may be located no nearer than six (6) feet to any rear lot line and shall be subject to the same side yard requirements as the principal structure. j . . -73- � - ' . . . . ' .�:� �. � '�_ r�_ f ,.� �,:.. ' . � � , . .. . .. .. , _. . _ . . � .. . . . � . . .� .. . . .., . . :f.'• '���:.. ,,.,...._......�_,..,,,:.:..:.»::.�:::x.::.,�.:�.h,..:.�..q�.. SECTIOI�' 38 CORNER LOTS � On corner lots the side yard on the street side shall be the same as required for the front, except on corner lots adjacent to a segment of a side street upon which no property fronts, said segment being defined as that portion of a street between one street intersection and the next, the minimum side yard shall be � fifteen (15) feet. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot of twenty-eight (28) feet, nor to prohibit the erection of an accessory building on such lot where the regulation cannot be reasonably complied with. SECTION 39 HEIGHT LIMITS Height limitations stipulated elsewhere in this Ordinance shall be modified as follows: A. Chimneys, water towers, monuments, cupolas, domes, spires, standp���s, false mansards, parapet walls, drive-in theater screens, similar struct�,�:es and necessary mechanical appurtenances may be ere,efed as to their height in accordance with existing or hereafter adopted ordinance of the C i ty. B. On through lots with double frontage 150 feet or less in depth, the height of a building may be measured from the curb level on either street. On through lots, more than 150 feet in depth, the height regulation and basis of height measurement for the street permitting the greater height shall apply to a depth of not more than 150 feet from that street. The remainder of the lot shall comply with height regulation based on the street with the lower elevation. -7�- � �: . � . . . . . _ � . _ . . .. . , .: . . ,. .r.�w+.+.y.;;r;..,�q..��p�. ..-.'y�i.`��a,+�-�^+�}._ '�"•-. ^?'��. _ . .. , j�.,+� :+ti ,�� - - . ... �.�. . - �. �,.,._ t . . . '' � . . ' .�.�- . , . .. �_:: � . . , �.. �. . .,..i•� �.:�. �'�. SECTION 40 REQUIRED YARDS A. Where the frontage or side yards facing one side of a street between two intersecting streets is zoned for two classes of districts, the setback on the most restricted district shall apply to the entire block. - B. If thirty (30) percent or more of the frontage on one side of a street between two intersecting streets is improved with buildings that have observed an average front yard line with a variation in depth of not more than six (6) feet, then the average front yard so established shall be observed; but this regulation shall not be interpreted to require a front yard of more than one and one-half (1 1/2) times the depth of front yard otherwise required. C. The side, front and rear yard requirements for dwellings shall be waived where dwellings are erected above stores and shops. D. The Planning and Zoning Commission may recommend and the City Council may require a minimum front yard, rear yard or side yard greater than that required as a minimum set back by the specific use categories in the ordinance rezoning any property when the safety ,of the traveling public and the general health, welfare and morals of the community require greater set back depth. E. The face (door) of a private garage, either attached or detached shall not be located closer than twenty (20) feet to any side or rear lot line in any residential district. F. When the owner of two or more platted lots which side yards abut each other and front yards front upon the same street wishes to construct a principal use structure across the interior side yard lot lines, he shall make application with the Department of Building Inspection for a building permit and in the application he shall state which lots are involved, provide information which shows any easement, drainage swell, or other natural or man made obstruction on or along the side yard lot line which is to be covered by the structure and no building permit shall be issued until the impediment has been removed. When the owner has shown no impediments exist as to construction of a principal use structure or accessory use structure over an interior side yard lot line, the side yard setback requicements in all single family zoning districts shall be-waived and a building permit may be issued for construction of a principal use structure over an interior lot line. In no event shall the exterior side yard setback requirements be violated and no more than one principal structure plus those accessory uses set forth in the above �esidential zoning _ districts shall ever be constructed upon two or more lots which have been combined pursuant to this section. Should any excess portion of a combined lot be conveyed to another owner, no structure shall be constructed thereon nor shall it be added to another lot until it has been replatted to combine it with another lot or lots as permitted by Article 97�a V.A.T.C.S. -75- , __ , • t•- ._ . _. . .._. . - - :� � .- ... _ . _ . �-. . .- .. . .,'.. f_ .. . . . . '' , . . r . _=v ,."�!'a>C'r,.ti:a L•�.w',ytft n;. -rs ��S,i.��'"c�w::,fl-`�.d. . .r' . . . . _.. . . . . � .. .k. .- � . . � . - . . SECTION 41 PROJECTIONS INTO REQUIRED YARDS Certain architectural features, fences, walls, and hedges may project into or be located in requ�red yards as follows: A. Cornices, eaves and sills not more than two (2) feet into any required yard. B. Balconies, bay windows and chimneys not more than three (3) feet into front yards, or two-(2) feet into side and rear yards. C. Patios and open porches may be located no closer than six (6) feet to any side yard property line nor closer than ten (10) feet to the rear property � line. In the case of a corner lot, patios or porches shall be subject to the regular street side yard requirements of the District. E. An open fire escape not more than three and one-half (3 1/2) feet into rear yards, provided that such structure does not obstruct ventilation or light. F. Any fence, wall, hedge, shrubbery, etc., no higher than a base line extending from a point 2 1/2 feet above front walk grade to a point 4 1/2 feet above walk grade at the depth of the front yard, and single �_��s having single trunks which are pruned to a height of seven (7) feet above walk grade. Corner lots where the side yard on the street�side is required to be the same as the front yard, shall also observe front yard regulati�ns with regard to fences, walls, hedges, shrubbery, etc. on the side street except that the City Council may by special ordinance, permit the construction of a fence not to exceed eight (8) feet in height, which does not project more than five (5) feet into the required side yard setback area. G. No object, or combination of objects, including but not limited to any structure, fence, wall, screen hedge, tree, bush, shrub, billboard or mound of earth, terrace, bank or barrier shall be erected, placed, planted or maintained on any corner lot in such a manner as to create a traffic hazard by obstructing the view of the drivers of motor vehicles using the streets adjacent thereto. The natural existing terrain which cannot be removed by reasonable landscaping techniques including retaining walls constructed below or at the same grade line of said natural existing terrain shall be excluded from the objects otherwise prohibited by this paragraph. And said object, or combination of objects, erected, placed, planted or maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an elevation between two and one-half feet (2 1/2) above the top of the adjacent roadway curb arid eight (8) feet above the top of the adjacent street curb, or if there is no curb then from the average street grade, within a triangular area formed by the intersection of the adjacent street right of way lines, the right of way lines and a point on each such right of way line thirty-five (35) feet from the intersection, shall be prima facie evidence that said object, or combination of objects, so erected, placed, planted or maintained is an obstruction constituting a traffic hazard. Any object or combinatior. of objects, placed, planted or maintained in violation of this paragraph, shall be removed upon written notice by certified mail from the Building Official of the City, or his representative, to the owner, agent o occupant of the premises where such obstruction has been erected, placed, planted or maintained. Failure of the owner, agent or occupant to remove such an obstruction within ten (10) days after receipt of such notice shall. -7 6- ;. / . . . - . -... .. � _ . . .. � ' .. � - . _ .. .. . . . . ,. ..- . . . . _ . . . .- � . t "w'- ` ,:`sr: .a .pf.r�,i, constitute a violation of the Zoning Ordinance. H. No mechanical equipment designed or manufactured for permanent installation in one place, either outside of a building or projecting through an opening in a building, driven by a motor or motors of five (5) horsepower or more installed in a residentially zoned district, P-O, C-N, - C-C, C-OU, M-FW or in any industrial district under this ordinance shall be permitted in the required side yard or rear yard abutting a residentially zoned district. -77- . �suc.Z.r . , � � . . . . . � �'�?,�`a ,✓FF •;4:v.'ae1.':r�. ...:.t Y . . . . . ... . .:�. _ SECTION 42 RIGHT-0E-6YAY AND EASEMENT DEDICATION REQUIRE- iVIENTS A. Under the Constitution and laws of the State of Texas and the provisions of this ordinance, the zoning power of the City is hereby exercised for the purpose vf promoting the health, safety, morals and general welfare of the general public under a comprehensive plan designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote the health and general welfare of the general public, • to provide adequate light and air, to prevent the overcrowding of land, to . avoid undue concentration of population and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public improvements, and the City Council finds that the transportation, water, sewerage, drainage and public utility facilities are not adequate to lessen congestion in the streets, to secure safety from fire and panic, to prevent unsanitary conditions to provide adequate light and air, prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, drai-:age, sewerage and other public requirements in the area zoned herein s"ould any portion of said area be developed for residential or�professional or commercial or industrial or agricultural or amusement or airport purposes and uses or a combination of any of said purposes and uses and the City shall regulate the use of all of the property rezoned herein in order to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote the health and general welfare of the general public, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, and to facilitate the adequate provision of transportation, water, drainage, sewerage, and other public requirements and in so regulating the use of said property does hereby require that prior to the issuance of a building permit and certificate of occupancy that the primary means of access have a minimum right-of-way width along the entire frontage of the property as follows, and further, if property should be a,corner lot, said property shall have access to both streets having a minimum right-of-way width prior to issuane of a building permit and certificate of occupancy as follows: (corner lots shall be considered to front on each street for purposes of determining minimum right-of-way). MINIMUiVI RIGHT-OF-�11A�'- CENTERLINE TO FRONT PRO- RESIDENTIAL PERTY LINE Street 1�Iinor Street 25 feet Secondary Street 30 feet l�iajor Street 50 feet -78- � _ � ��. ._ . . : _ - . ; : • . . _ , - �•:: �;J,:; �:�.:�.:�...,; . = -,-�-� � , � � , .L......�)• �r. .t .:r-.i'. ;} �:i 4 h:^�i�. �`. . . Y , S �� t �' � _ . . . . . . . . . . . . ... . .. . . .�1'� . . , . , .� , f. UIINIMUM RIGHT-0E-WAY CENTERLINE TO FRONT NIULTI-FAti1ILY PROPERTY LINE Street Minor Street 30 feet - Secondary Street 40 feet � Major Street 50 feet � MINIMUM RIGHT-OF-�VAY CENTERLINE TO FRONT COMMERCIAL PROPERTY LINE ' Street 14linor Street 30 feet Secondary Street 40 feet Major Street � 50 feet MINIMUM RIGHT-OF-WAY CENTERLINE TO FRONT RETAIL PROPERTY LINE Street � NIinor Street 30 feet Secondary Street 40 feet �Iajor Street 50 feet MINIMUM RIGHT-OF-tiVAY CENTERLINE TO FRONT INDUSTRIAL PROPERTY LINE Street Minor Street 30 feet Secondary Street 40 feet Yiajor Street 5U feet Before the issuance of a building permit and certificates of occupancy, the o�vner shall cause to exist right-of-way for drainage, sewerage, water and utility as the Director of Public 4Vorks shall determine to be reasonable and necessary to facilitate adequate provision for water, sewerage, drainage and utilities. ' B. Nothing in the above provision shall be interpreted as requiring the dedication of property. C. In order to secure the safety from fire, panic and other dangers and to faeilitate the adequate provision of transportation, water, sewerage, drainage, public utilities and prevent unsanitary conditions, prior to the issuance of a building permit, the Director of Public �Vorks shall determine whether or not the owner of land zoned herein must file a plat sho�ving esisting and proposed water courses, drainage, drainage ditches, widths and dimensions of proposed street or streets, alleys, easements, drainage facilities, lot lines, building setback lines, topographical infor- mation with contours at an interval of one foot referred to City data with -79- � _ . . _ . . ' . _ . ... !r. ._ , . . ' . �•ys A.'�. . . _ . — .... . . � '. - - .. . . _ �.1:' Y ',!} 4�..' `.Vt+` �Lalf r-f.: '/ ..+. } � . . . .. .. .. . . . . . �-. . -��Y.-.�•-6�_��f`�'- '�. . � . . . .._.. . . . . . ._ . �.�..,.� reference to bench marks where available, which contours shall fall within one-third of a contour interval of their true location although contour intervals of five feet may be allowed if the terrain is steep enough to warrant these intervals as well as other information reasonably required by the Director of Public Works to determine the safety and effect of the proposed development and construction on the citizens of the City of Grapevine. No building permit shall be issued until the Director of Public Works has either approved said plat or determined a plat is not required. -80- W} . . ,�. ..`s.' . . . . -.. .. . , . �� . ... .. . .. .,._ . .. . . .. . .. . .. . . . . _ ' . . - . SECTION 43 CERTIFICATE OF OCCUPANCY AND COMPLIANCE A. No eristing building and no building hereafter erected or structurally altered shall be occupied, used, changed in use or changed in occupancy, _ until a certificate of occupancy and compliance shall have been issued by the Building Official stating that the building and proposed use of the building or land complies with all of the health laws, building code ordinances, ordinances relating to electrical and plumbing installations, with the provisions of this ordinance and all other applicable City ordinances. Certificate of Occupancy and compliance shall be applied to coincide with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such building shall have been completed in conformity with the provisions of this ordinance and the laws and ordinances above mentioned. A record of all certificates shall be kept on file in the Office of the Building Official and copies shall be furnished on request to persons having a proprietary or tenacy interest in the building or land affected. B. The use of a building already erected at the time of passage of this Ordinance shall not be changed from one class of use to another or changed by a change in the party or parties occupying the building, unless and until a certificate of occupancy and compliance under the provisions of this ordinance shall have been obtained from the Building Official. C. It shall be unlawful for any public utility, including the City of Grapevine, or any person within their employment to connect any water, gas or electrical service to any building or property unless a certificate of occupancy and compliance has been issued by the Building Official of the City. -81 - � � ..;�:,< ,c .. ._ . .. , � • - - �:-_ .xr- ._r �, .,,.;, �-;�:��,x� �/'•rr;' 'ri�.. '.•: .. ..'t 1.r ,., � ....-�� ;. r�. . .- .�:.-� �••'. , _ . . . �. - . �'- �........_ ..+..✓.-..>. , a . . . . ' . .. .. . . . . . � . . SECTION 44 NON-CONFORMING USES AND STRUCTURES Hereinafter provided, no non-conforming use of land or buildings, nor any non- conforming structure shall be enlarged, changed, altered, or repaired, except in , conformity with the following regulations: A. Types of Non-conformity: Any use of land or buildings which does not conform to use regulations prescribed in this ordinance shall be deemed to be a non-conforming use. . B. Any building or structure which does not conform to the lot area, front yard, side yard, rear yard, coverage, height, floor-area ratio on conforming status: A non-conforming status under the provisions of this ordinance shall exist: 1. When a use or structure, which does not conform to the regulations prescribed for the district in which such use or structure is located, was in existence and lawfully constructed, located, and operating on the effective date of this ordinance and has since been in regular and continuous use. J 2, When a use or structure, which does not conform to the regulations prescribed in the district in which such use or structure is located, was in existence at the time of annexation to the City of Grapevine and has since been in regular and continuous use. C. Registration of Non-conforming Uses: The operator, owner, or owners of all non-conforming uses of land or buildings shall, within eighteen {18) months of the effective date of this ordinance, register such non-conforming use by obtaining from the building official a Certificate of Occupancy (non- conforming). Such Cetificate of Occupancy (non-conforming) shall be considered as evidence of the legal existence of a non-conforming use, as contrasted to an illegal use or violation of this ordinance. The building official shall maintain a register of all Certificates of Occupancy issued for non-conforming uses and shall, on written request and payment of a fee, issue a duplicate certificate to anyone having a proprietary interest in the property in question. A non- conforming structure need not be registered. D. Termination of Non-conforming Uses: 1. It is the declared purpose of this ordinance that non-conforming uses be eventually discontinued and the use of the premises be required to conform to the regulations prescribed herein having due regard for the investment in such non-conforming uses. Non-conforming uses shall be discontinued in the following manner: a. Any non-conforming use not conducted within a building shall be discontinued within two (2) years from the date this ordinance shall become effective. -82- � � ;. .. . ._ . .. ..:•r_,«� . .... . ... ., _,,,_, .�.. _. , , :- :�•:;.,. _. ... ,. ., ,. . . . , . , ... , ir�.,- .r. . , . . .`•� _ ''F r! .. .,.... . . . . . . . .. ...... • ..: ....�..:.�r...�....�...�' �.x..:�:d.�+ry' • _ - .... ..�. . . . . ��."'.......�.�Aa..✓rJ-�.".:... - . .,: . . . . . r.R � " '� . . . �.. ..... .._. , b. Any non-conforming use conducted partly within a building and partly without a building shall be discontinued within five (5) years from the date this ordinance shall become effective. c. Any non-conforming use conducted wholly within a building shall be discontinued within ten (10) years from the date this ordinance _ shall become effective. 2. A nonconforming use may be occupied, used, and maintained in good repair, but it shall not be remodeled or enlarged except as hereinafter provided. 3. The right to operate a non-conforming use shall cease and such use shall � be terminated under any of the following circumstances. a. Whenever a non-conforming use is abandoned, all non-conforming right shall cease, and the use of the premises shall henceforth be in conformance to this ordinance. Abandonment shall involve the intent of the user or owner to discontinue a non-conforming operation and the actual act of discontinuance. Any non- conforming use which is discontinued for, or which remains vacant . for a period of six (6) months shall be considered to have been abandoned. % b. The violation of any of the provisions of this ordinance or violation of any ordinance of the City of Grapevine with respect to a non- conforming use shall terminate immediately the right to operate such non-conforming use. c. Whenever a non-conforming use is changed to a conforming use by rezoning so as to achieve compliance with the provisions of a new or different zoning district. d. �Vhenever a non-conforming use is changed to a conforming use under the provision of this section. e. Whenever the structure, in which a non-conforming use is housed, operated, or maintained, is destroyed or damaged by fire or other causes to the extent of more than sixty (60°'0) percent of the replacement cost of the structure, on the date of the damage, the right to operate such non-conforming use shall terminate: _ f. The right to maintain or operate a non-conforming use may be ( terminated by the Board of Adjustment in accorance with the � provisions of section 48 of this ordinance. � � E. Changing Non-conforming Uses: • 1. Any non-conforming use may be changed to a conforming use, and once such change is made, the use shall not thereafter be changed back to a non-conforming use. -83- . ..-�;�. •<;.� r., ;,, .. . � .. :�s.t •�. . .. - -, •._�.. .. .. .. . . . _ _ ...�?., s . , . .. ., . . . ... ._. . . . � ._... --�-- . ., �,:.•. .�..� . � � • _. . . . _ �. ._. . �... �._.. �...._ . . _ . .. 's .. . . . . . . . .. .�.� . -.. .._._. -.. .�. � � ��-. 2. The Board of Adjustment may grant a change of use from one non- conforming use to another non-conforming use provided such change is to a use permitted in a zoning district where the original non-conforming use would be permitted, or provided that such change is to a use permited in a more restrictive classification. However, such change of use and occupancy shall not tend to prolong the life of a non-conforming use. Upon review of the facts in accordance with Section 48, the Board of Adjustment may establish a specific period of time for the return of the occupancy to a conforming use. 3. The Board of Adjustment may approve the remodeling of enlargement of a non-conforming use when such an enlargement would not tend to prolong the life of the non-conforming use. Upon review of the facts, the Board of Adjustment may establish a specific period of time for the return of the occupancy to a non-conforming use. F. Limitations on Changing Non-conforming Uses: No non-conforming use shall be changed to another non-conforming use, which requires more off- street parking spaces or off-street loading space than the original non- - conforming use, unless additional off-street parking and loading space is pre��:�ed so as to comply with the requirements of Sections 33 and 34. The number of dwelling units or rooms in a non-conforming residential use shall not be increased so as to exceed ttie number of dwelling units or rooms existing on the effective date of this ordinance. No non-conforming use may be expanded or increased beyond the lot or tract upon which such non-conforming use is located as of the effective date of this ordinance except to provide off-street loading or off-street parking space upon approval of the Board of Adjustment. AIl non-conforming uses being expanded under the provisions of this ordinance shall comply with the other applicable provisions of this ordinance. G. Termination of Non-conforming Structures: 1. In the event of damage or destruction of a non-conforming structure to the extent of sixty (609'0) percent of the replacement cost of such structures on the date of such damage, such non- conforming structure may be rebuilt only after public hearing and favorable action by the Board of Adjustment as provided by Section 48. 2. Whenever a non-conforming structure is determined to be obsolete, dilapidated, or substandard by the Board of Adjustment, the right to operate, occupy, or maintain such structure may be terminated by action of the Board of Adjustment as provided in Section 48, and such structure shall be demolished. H. Special re¢ulations for Public and Denominational Schools: All public schools, denominational schools, having a curriculum equivalent to public elementary or secondary schools, and all accessory buildings and structures normally associated therewith, including stadiums and field houses, -8-�- � . -. -� - , _ . . , . _ ,. +�ty�,�4.,�t. ,* �::1�v�<.:�i�.� _ _ j-+� L�_• `ti� ,- ��+C'L?�C a1.S�.�C T.wi i.� � ' ...�. � . � _ . . _ .-,r,. 'nJ,:r'. Ae. �,�i � .�,a -�-��a-,r;"�,�,�y .<tv* ,�n"r='� . :��, ,_ :x':c-'.: . _ �. which are built and existing on the effective date of this ordinance, shall be � considered as conforming to the provision of this ordinance. In the event such school building has been constructed with lesser front yards, or rear yards, or with greater coverage, or floor area ratio than herein specified, such building may be altered, remodeled, enlarged, or increased in height but no provisions herein shall be construed as to require greater yards, or lesser coverage, or floor � area ratio than provided by the existing construction and building permits shall be issued if in compliance with the provisions of the buildtng code. -85- :. .. . -. . .. _- . .. ...a� .. .. ... . . . . . .. .. . . � , -,. - ... ,- --�_:: i:.,,t,. .1..=� , --`' r� �e.�..`...,.s.���::�t,�..' . - _ . �� . . . � . . , .._.... .. ..-. . . . . . . ..._ . . .-+. SECTION 45 COMPLETION OF EXISTING BUILDING . A. Nothing herein contained shall require any change in the plans, con- struction or designated use of a building for which a building permit has been issued on the effective date of this ordinance, and which entire building shall be completed within one (1) year from the date of the � passage of this ordinance. SECTION 46 EXISTING ZONING REGULATION DESIGNATIONS AND ' CHANGES A. Ordinance No. 55-6 passed on August 2, 1955 and ordinance No. 70-10 passed on April 7, 1970, as amended and all zoning districts, regulations and zoning classif ications heretofore established under said ordinances as indicated upon the official zoning map of the City of Grapevine on file and of record in the Office of the City Planner of the City of Grapzvine, shall remain in full force and effect until amended or changed to cc��orm to the districts, regulations and zoning classifications under the terms and provisions of this ordinance. � B. As soon as practicable after the effective date of this ordinance, the City Couneil shall institute proceedings to rezone all of the City of Grapevine to conform to the districts, regulations and classification established by this ordinance. Such changes may be by block, tract, section, or other area classification. Any person desiring to do so may at any time make an application for a change from a zoning district use, zoning use designation or classification of property heretofore zoned by Ordinance No. 55-6 or 70-10 or an ordinance amending Ordinance No. 55-6 or 70-10 to a similar district use, zoning use designation or zoning use classi- fication under this ordinance so that the zoning of his property will conform to the provisions of this ordinance. C. Any request for a zoning change coming before the City Council after the effective date of this ordinance, if granted by the City Council shall be granted in conformity with the terms and provisions of this ordinance. D. �Vhenever under the terms of this ordinance a use is prohibitive_within a specified distance from an R-20, R-12.5, or R-7.5, it shall also be held to include single family dwelling district uses under Ordinance No. 55-6 or 70-10 of the City of Grapevine. , -86- fi . .�_: •. . . . - . , _ . ._� t..1s.u• . < .. - ...�... �. ...�� . ' " ' . . - � S�CTION 47 ZONING DESIGNATION OF VACATED STREETS AND ALLEYS A. Whenever any street, alley or other public way is vacated by official _ action of the City Council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacated street, alley or public way and all areas included in the vacated street, alley or public way shall then and thenceforth be subject to all regulations of�the estended district. � -s7- - .'. . .. �r r'�• , . . . . . . r'�.�- ''f� a...�'.�. . "� �nr� .�:r'. . .. . t , .. . ._ . . .. .- .. , . . ' � . .. ... _ ... . ._.,. - . .. _...�,... ,..�.a.�.r.��. ....... ,..,.��..- .. . . . . ... � .. . . � '. . . . . , . - . - SECTION 48 APPLICATION FOR ZONING CHANGES A. Any person, firm, or corporation requesting a change in zoning of any property from one district classification to another district classification under this ordinance shall make an application in writing to the City Planning Department requesting a change in zoning, which application shall contain the following information: 1. Legal description of the land on which a zoning change is requested together with the local street address. 2. Name and address of the owner of the property. 3. Name and address of the person making the application, if made by anyone other than the owner, together with a statement that the person making the application is authorized to act for the owner in making the aQplication. 4. District use under which the property is regulated at the time of making the application and the District use requested by the applicant. � 5. Any other information concerning the property as may be r��=on- ably requested by the City Planning Department. J . / B. Upon the filing of an application for a change in zoning with the City Planning Department, the applicant sha�l pay to the City the sum of Two Hundred Dollars (�200.00), no part of which shall be returnable, regardless of the action taken on the cequest. C. A waiting period of one (1) year, between the date an application for amendment to the zoning ordinance, or a requested change in zoning, is denied by the City Council and a new application for such a change or amendment is accepted, is hereby established. The one-year waiting period shall be applicable to all requested amendments and changes for the same zoning district, or districts, and/or principal use(s), on all or any portion of tt�e property previously considered for amendment or change in zoning; provided, however, said one-year waiting period shall not be applicable to any� proposed amendment or change instituted by the City Council or Planning and Zoning Commission. D. The City shall have a least one sign erected on any property upon which a zoning change request has been filed. Such sign or signs shall, if possible, be located adjacent to a public thoroughfare in a visible location. Such sign shall be removed immediately after final action by the City Council or when the applicant withdraws the request, whichever comes . first. The sign shall contain a notice of the rezoning, and the agency and telephone number from which information relative to the rezoning request - may be obtained. Accompanying every petition for amendment of this ordinance, shall be a required statement signed by the applicant authorizing the placement of such sign or signs by the City. The erection or continued maintenance of the sign or signs shall not be deemed a condition precedent to rhe granting of any zoning change or the holding of any public hearing. -88 - .. .. .. . .. . . r.. . .. . - ' . � ... .. . . . � .... . . ..- , .. Y: 1-::i 1 M .t. .. - . . . . .-..... . . . ... ..........� : ........::_ �. .. ., . ' . ...at_ ..». � .r..�lv+ls'(r�4f�f�. "_..._ ..i .. . . SECTION 49 BOARD OF ADJUSTMENT A. There is hereby created a Board of Adjustment which shall consist of five (5) regular members, each to be appointed by a majority of the City Council for a term of two (2) years. B. In addition to the five (5) regular members of the Board of Adjustment, two (2) alternate members of the Board of Adjustment, who shall serve in the absence of one or more regular members when requested to do so by the Mayor or City ibIanager, shall be appointed by a majority of the . City Council, so that all cases heard by the Board of Adjustment will always be heard by a minimum of four (4) members. C. Regular members and alternate members of the Board of Adjustments shall serve a term of two (2) years and until their successors are appointed and qualified. Regular and alternate members of the Board of Adjustment may be removed from office for cause by the City Council upon written charges and after a public hearing. D. The Board of Adjustment shall select from among its regular members, a Chairman, an acting Chairman, to act in the absence of the Chairman, and a Secretary. E. The Board of Adjustment may adopt rules to govern its proceedings and conduct of the business before the Board. Any rule or rules shall be adopted by a resolution by the Board, entered upon the minutes of the Board and a copy thereof shall be filed with the City Secretary of the City of Grapevine. F. Meetings of this Board shall be held at the call of the Chairman, and at such other times as the Board may determine. Such Chairman or, in his absence, the Acting Chairman shall administer oaths and compel atten- dance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Board and shall be a public record. G• Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department, board or bureau of the City, ,' affected by any decision of the Building Inspector or other administrative officer of the City relative to the zoning ordinance. Such appeal shall be taken within fifteen (15) days after the date of the• decision of the ��- Building Inspector or other administrative officer has been rendered, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record from which the apeal was taken. -89- � .�t� ,K..:"�.��.�.._-tr„i.'ii+�'�w;i1:.^^y' '��• . . . . ... � . . j r... .. 5.�� � . .. . .. . • '. , . .. . . . . ., . , .. � � . . . �)- ._. 1. A filing fee of One Hundred Dollars ($100.00) to help pay a part of the cost of legal publications, accumulating engineering data, and other administrative costs shall accompany each notice or appeal filed with the Board of Adjustments. 2. An appeal shall stay all proceedings in futherance of the action appealed from, unless the officer from �vhom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application of notice to the officer from whom the appeal is taken and on due cause shown. 3. The Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon hearing any party may appear in person, by agent or by attorney. H. The Board of Adjustment shall have the following powers: r 1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an admin- istrative official of the City in the enforcement of this ordinance. 2. To hear and decide special exceptions to the terms of this ordinance upon which the Board is required to pass uner this ordinance, if any. 3. To authorize upon appeal in special cases, such variances from the terms of this ordinance as will not be contrary to the public interest, where, owing to special conditions, the literal en- forcement of the provisions of this ordinance will result in unnecessary hardship, so that the spirit of this ordinance shall be observed and substantial justice done. 4. To permit in any district such modification of the requirements of the district regulations as the Board may deem necessary to secure an appropriate development of a lot where adjoining such lot on two (2) or more sides there are lots occupied by buildings which do not conform to the regulations of the district. I. In exercising its powers, the Board of Adjustment may, in conformity with the provisions of this ordinance and the provisions of Articles 1011-A to 1011-J, both inclusive, after amended, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as should be made, and to that end shall have all the powers of the officer � from whom the appeal is taken. l. The concurring vote of four (�) members of the Board shall be necessary to revise any order, requirement, decision or deter- mination of any such admi�iistrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance, or to effect any variance to this ordinance. -90- _ . . . . _ . . ' ' - . . ..2� -- � . . _... . . . .... . . � .. • . . . i� � . .:�.. �� ._;. .. :.,n�a�� -;. --�: . r-;, , ..:�: 1 ...--.!'-v :��b r-.' "^ `z 9.�'i "�^C�C',���,Lh::"'^1.:.r'. �R..-f"! M?i,S.''�`t h*,F^i�`:'1Y,. 'j�.:. . . .. . . ...... . . . . ... ..l. .. .�- . . . . 2. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the City may present to a Court of record a petition, duly verified, setting forth that such . decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the Office of the Board of Adjustment. J. No appeal to the Board of Adjustment shall be allowed on the same piece � of property or on the same or similar question prior to the expiration of one (1) year from the date of a ruling of the Board of Adjustment on any appeal to such body unless other property in the same zoning area shall have, within such one (1) year period, been altered or changed by a ruling of the Board of Adjustment, in which case such change of circumstances shall permit the allowance of an appeal. ; -91- i ' � . �. '': '_ : .... �, ' .. . . -::..�"r.'':... .'..��...•..�.� . . . _. . .. . . - _... .. .. . . ' . . .. �. . . ty�� - ,�, - J." i.F� ai 1.� i. . SECTION 50 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES A. Where uncertainty exists as to the boundaries of zoning districts as shown on the official zoning map, the following shall apply: 1. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow center lines. 2. Boundaries indicated as approximately following platted lot lines shall be construed as following lot lines. � 3. Boundaries indicated as following city lin,it lines shall be construed as following such city limits. 4. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks. 5. Boundaries indicated as following shore lines of bodies or � ater shall be construed to follow such shore lines, and _in the event of change in the shore line shall be construed as'��oving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, Iakes or other bodies of . water shall be construed to follow such center lines. 6. Boundaries indicated as parallel to or extensions of features indicated in Subsection 1 through 5 above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map. 7. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by Subsections 1 through 6 above, the Board of Adjustment shall interpret the district boundaries. 8. Where a district boundary line divides a lot which was in single ownership at the time of passage of this ordinance, the Board of Adjustment may permit, as a special eYception, the extension of the regulations for either portion of the lot not to exceed �ifty (50) feet beyond the district line into the remaining portion of fhe lot. -9 2- � _ ; i�t-ti ,ti+-t:.rT•`��e/L"{...:?!r .. • . . - . t�� . .. � . ' t . . • . . ' _ ' _ � ' . , . . . _ . . . � . . � � . .. ,.. . . -... . .�.�'_. -x SFCTION 51 DEFINITIONS A. The follocving words, when used in this ordinance, shall have the meanings respectively ascribed to them in this Section, unless such construction would be inconsistent with the manifest intent of the City Council or where the contest of this ordinance clearly indicates otherwise: 1. ACCESSORY BUILDING OR ACCESSORY STRUCTURE shall mean a subordinate ,building or structure, attached to or detached from the main building, and customarily incidental to the principal building. 2. ACCESSORY USE shall mean a use subordinate to and incidental to the principal use. 3. AIRPORT shall mean a Ianding facility for aircraft approved by the United States Federal Aviation Agency. 4. ALCOHOLIC BEVERAGE shall mean alcohol and any beverage containing more than one-half of one percent (1/2 of 1°0) of alcohol by volume which is capable of use for beverage purposes, either alone or when diluted. 5. ALLEY shall mean a public way, public space or thoroughfare which affords only secondary means of access to property abutting thereon. 6. AIIUSEiVIENT PARK shall mean a lot, tract or parcel of land, or any improvement thereon, either temporary or permanent, used in whole or in part for the operation and maintenance of any game of skill or chance, any circus, carnival, any riding device or devices, stationary or movable, or any combination thereof, or any animal, any of which is operated for a profit. 7. AP ARTI��TENT shall mean a room or suite of rooms arranged, designed or occupied as a residence by a single family, individual or group of individuals. 8. APaRTVIENT HOUSE shall mean any building, or portion thereof, which is designed, built, rented, leased, let or hired ourt -to be occupied as three or more apartments or which is occupied as the _,� home or residence of three or more families living independently of each other and maintaining separate cooking facilities. __ 9. AREA OF LOT shall mean the net area of the lot and shall not include portions of streets and alleys. 10. ATTACHED shall mean physical connection above the top of the floor line of the first floor. 11. AUTOtiIOTNE REPAIR GAR�GE. A garage or portion thereof in which automotive repair and maintenance takes place, but ex- cludin� the outdoor storage of automotive parts or inoperative automobiles. -93- � ' . ' . ' ... . .. :. . . - . . .. ..� � , / .`� . . '� � � �'t�iFt... ...�.�i; .'r .��,t': \! [' ' '__ � ,:... ......-�r.�-_�—.,..�. ��>-'..:�.n..:�.n;.��w�l{iF ....._n..� - . . � . � . . ... ._.... . . _.". ... .,> ......� ... . . ........ ._ .... . ..... . . c . . . . � ,r.e . . ' . . . 12. to 28. Reserved for future use. 29. BASENIENT shall mean that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. 30. BEDROOM shall mean a room in an apartment other than a kitchen, dining room, living room, bathroom or closet. This definition shall include extra dining rooms, living rooms, and all dens, studies, game rooms, sun rooms or similar extra rooms, all of which are capable of being used as bedrooms. 31. BLIND FENCE OR WALL shall mean a fence or wall through which a person is unable to see standing six (6) feet from such fence or � wall at ground level. 32. BLOCK shall mean an area within the City enclosed by streets and occupied by or intended for buildings; or, if said word is used as a term of ineasurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said �'::�zet on said side. , � 33. BREEZE6NAY shall mean a covered passage one story in height connecting a main structure and an accessory building. 34. BUILDING shall mean any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. 35. BUILDING LINE shall mean a line parallel or approximately parallel to the street line and beyond which buildings may not be erected. 36. BUSINESS SERVICE shall mean a commercial use, other than retail sales and professional services, devoted to: a. The fabrication, processing, assembly, cleaning, or repair of articles of goods, wares; merchandise, foods, liquids or plants, but excluding the manufacturing of such articles and automobile repair garages. - _ b. The instruction, training or physical treatment of animals, but excluding animal shelters or places where animals are kept on the premises overnight. c. The providing of temporary abodes for transient persons, such as a hotel or motel. d. The providing of food, drink or entertainment to persons. 37. CABANA shall mean a secondary structure on a lot incidental to a swimming pool or recreational area, but excluding sleeping and cooking facilities. 38. to 59. Sub-section 38 to 59, both inclusive, are hereby reserved for future use. -94- r . . : . .. . . . _ • •_. . ..., ,. , ...,, .-.. . . . . . . . .... .. . _ � . . . .. . . . . . .�.Y�• : - . . ... .. .. .. . . . .....- ... ........_.....� ,. �.�:i..�:�a��:"�..��...1.�- , • " . '- .iilh��.�a 60. CARNNAL OR CIRCUS shall mean a temporary travelling show or e�chibition usually housed in tents and which has no permanent structure or installation. 61. CHURCH shall mean the place of worship and religious training of � recognized religions, including the onsite housing of ministers and families, priests, rabbis and nuns. 62. CLINIC shall mean an institution or facility for examining, consulting with or treating patients, including offices, laboratories and out-patient facilities, but not including hospital beds and rooms for acute or chronic care. 63. CLUB shall mean an association of persons for promotion of some common object, such as literature, science or good-fellowship, and jointly supported by its members and carries the privilege of exclusive use of a club building and premises. 64. COiVIMERCIAL shall mean any business, other than a customary home occupation or manufacturing business, which involves the exchange of goods or services for the renumeration of a person occupying the.premises upon which the transactiori or part thereof takes place. 65. CO(�IMERCIAL AMUSEMENT shall mean an amusement enterprise offering entertainment or games of skill to the general public for a fee or charge. 66. CONDOi�1INIUM means the separate ownership of single units or apartments in a multiple unit structure or structures with common elements as defined in Art. 1301a Tex. Rev. Civ. Stat. Ann. 67. CONVALESCENT HOME shall mean any structure, other than a hospital, used for or occupied by persons recovering from illness or suffering from the infirmities of old age. 68. CORNER LOT shall mean a lot situtated at the junction of two or more streets. 69. COUNTRY CLUB shall mean an area containing a golf course and a club house available only to the membership of the country club and their guests, including facilities for dining and entertainment, swimming, tennis and similar recreational facilities and services. 70. CUSTOi�'IARY HONIE OCCUPATION shall mean an occupation customarily carried on in the home by a member of the occupant's family without structural alteration in the building or any of its rooms and without the installation of machinery or additional equipment other than that customary to normal household opera- tions, provided that no person other than a member of the family of the owner of the user of the principal single family dwelling shall be employed or work in or at such home occupation. A -95- - __ �,::.. . : _ - . _ , . - . �, �rr:s y6.-- . ... vi-! . , ?C' C�'s.:a �n�..'^y?. �n� , •�•'-*�... •2}-i... �a u+.t,ti .), :<�_ . � .... . . r:i. :,(�,:� . .. , � .. . . .. . _ � customary home occupation shall not include the physical or medical treatment of persons or animals, professional services, business services, barber shops, beauty shops, dance studios, carpenter shops, electrical shops, plumber shops, radio shops, auto repairing or painting, furniture repairing or sign painting. 71. to 92. Sub-section 71 to 92 both inclusive, are hereby reserved for future use. 93. DAY NURSERY shall mean a place where children are left for care between the hours of fi:00 A.M. and 12:00 midnight. 94. DEPTH OF FRONT YARD shall mean the minimum distance from the front lot line to the front line of a building. 95. DEPTH OF LOT shall be defined as the mean horizontal distance between the front and rear lot lines. 96. DEPTH OF REAR YARD shall be defined as the mean horizontal distance between the rear line of a building other thar. an accessory building and the rear lot line. 97. DETACHED shall mean having no physical connection above the top of the floor line of the first floor with any other building or structure. 98. DISTRICT shall mean a section of the City of Grapevine fo which the regulations governing the area, height and use of buildings are uniform. 99. DUPLEX shall mean a detached building having separate accomo- dations for two single family dwellings or occupied by two families. 100. D�VELLING shall mean an enclosed building or portion thereof having accomodations for only one family or occupied by one family. 101. EFFICIENCY APARTMENT shall mean a dwelling unit in a multi- family structure, consisting of not more than one (1) habitable room, .together with kitchen or kitchenette and sanitary facilities, and having a minimum of 600 square feet of floor area. A habitable room shall be defined as being a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet com- ( partments, closets, halls, storage or utility space, and similar areas, shall not be considered habitable space. 102. to 120. Sub-section 102 to 120, both inclusive, are hereby reserved for future use. 121. ENCLOSED BUILDING shall mean a structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than 120 square feet in area normally open to the air and which contains no series of openings forming a divided opening larger than 120 square feet in area normally open to the air. -96- - . - . - � . �� -- ' . . . ;� / . .,�-/�tsi�:..:, ...,: ;l._�:_.'.:.•:-,:� .;. .� ..'•...•,. . �_ . 4 �s r,G. ��. 9.. �>;�Y <..: �z�t _ ,'��att3:Ye���".a.�"y r r ��� T�' . . .. : . . . . . - � � _ . �1 . � � . . � . . .. � . . .. . . � ._. . . , . � . . . . . . _ ..._.. .. _ . .. .� . . .._ ..,.... .�r►- .. � .. . , . . 122. to 141. Sub-section 122 to 141, both inclusive, are hereby reserved for future use. 142. FAMILY shall mean any number of individuals living together as a single housekeeping unit interdependent upon one another. 143. FIRST FLOOR shall mean a floor and the space above it between the floor and the next floor or the ceiling or roof, the height of said space being no more than 50�'o below grade and the top of the floor being no higher than six (6) feet above grade. All floors above the first floor shall be numbered in ascending sequence, starting with the second floor. 144. FOUR UNIT APARTMENT HOUSE shall mean a detached building containing four single family attached dwellings. 145. FRONT YARD shall mean an open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines. On a cul-de-sac, as that term is defined in the City's Subdivision Rules and Regulations, the front building line is to be determined by establishing a thirty-foot setback from the front property pins on the front property or lot lines. A chord connecting these two (2) points shall be the front building line. Where a front property line has a curved section and a straight section, the front building line shall be determined by establishing a thirty-foot setback on the side property lines, thirty (30) feet from the property pins. A line perpendicular to the straight section will be established at the property pin where the curve begins. A point will be established on this line thirty (30) feet behind the property pin. The building line will be established by connecting these two (2) points. The term "property pins" refers to the front corners of the property contiguous to the street right- of-way as shown on the subdivision. 146. through 167. Reseved for future� use. 168a. GARAGE, FRONT ENTRY, shall mean a structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises, located in front of or beside the living area, the access thereto is from the front property line. 168b. GARAGE, REAR ENTRY, shall mean a structure or portion thereof for the accessory use of storing or parking of private motor vehicles owned by the occupant of the premises, with access or — door facing the side or rear property line, said structure shall be located partially or totally behind any portion of the living area. 169. G�RAGE, PUBLIC STORAGE OR PUBLIC STORAGE GARAGE shall mean a building or portion thereof, not a private garage, constructed or used for the storage or parking of passenger motor vehicles and trucks of less than one-ton capacity only, where the rental of space is on an hourly, weekly or monthly basis. -9 7- ii . _ . . _. . s.. . . . . .. . . . . . �� . . .. , ' . ' -. . ..... .� , ...- ,i�,.". . .. .. . .. . '., 170. GASOLINE SERVICE STATION shall mean a place or establishment where gasoline, oil, grease or motor vehicle accessories are sold, supplied or dispensed to the retail motor vehicle trade, or the minor repair of motor vehicles is performed, or the washing of motor vehicles. 171. GRADE shall mean: a. For buildings having walls adjoining one street only, it is the elevation of the sidewalk at the center of the wall adjoining the street. b. For buildings having walls adjoining more than one street, it is the average of the elevation of the sidewalk at the center of all wa1Ls adjoining the street. c. For buildings having no wall adjoining the street, it is the average level of the finished surface of the ground adjacent ' to the exterior walls of the building. 172. GRAPHIC PLAN, shall mean a map indicating the proposed areas of common land usage by generalized drawing. 173. GUEST HOUSE shall mean a secondary structure on a lot ��:'::�h may contain dwelling accomodations for the temporary occu�ancy by guests and not for rent or permanent occupancy, and such building not having a separate utility meter. 174. through 192. Reserved for future use. 193. HALF STORY shall mean a story under a gable, hip or gambrel roof, the wall plates of which on at least 2 exterior walls are not more than 2 feet above the floor of such story. 194. HALF-�VAY HOUSE shall mean an institution for the care of alcoholic, narcotic, or psychiatric patients. 195. HEIGHT shall mean when referrir�g. to the height of a building or � portion thereof, the measurement from the average established grade at the street lot line, or from the average natural ground level if higher, or if no street grade has been established, to the highest point of the roof's surface if a flat surface, to the deck line of mansard roofs; and to the mean height level between eaves and ridge for hip and gable roofs. In measuring ttte height of buildings, the following structures shall be exeluded: Chimneys, cooling towers, elevator bulkheads, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding four (4) feet in height. 196. HOSPITAL shall mean an institution or place where sick or injured in-patients are given medical or surgical care, at either public or private e:cpense, but excluding institutions where persons suffering from permanent types of illness, injury, deformity or deficiency or age are given care and treatment on a prolonged or permanent basis. � -98- '...c i� ti :,� . . r � , a 1��, .. . . . :�*�r .��- `;..+,�' -:.":Tif lf.... . .7 .. - . ... .. .. . . .. . . . � .. .. . . -_ . -—. . . .. .. ..J�.✓..r�. _ .�� .. .. . . . ... . ...Y �- . . 197. HOTEL OR MOTEL shall mean a building or arrangement of buildings designed and occupied as a temporary abiding place of individuals who are lodged with or without meals, in which the rooms are usually occupied single for hire, in which there are not . provisions for cooking in individual rooms or apartments. 198. to 209. Sub-section 198 to 209, both inclusive are hereby reserved for future use. 210. KINDERGARTEN shall mean school for children of pre-school age, in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum. 211. to 221. Sub-section �11 to 221, both inclusive, are hereby reserved for future use. � 222. LOT shall mean a tract of land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this ordinance, and having its principal frontage upon a public street or officially approved place. 223. LOT COVERAGE shall mean the total area of a lot upon which is placed a building, buildings, or other structures. 224. LOT OF RECORD, a lot which is part of a subdivision, the plat of which has been recorded in the Office of the County Clerk of Tarrant County, Texas, or a parcel of land, the deed of which was recorded in the Office of the County Clerk of Tarrant County, Te�cas, prior to the effective date of this ordinance. 225. to 247. Sub-section 226 to 247, both inclusive, are hereby reserved - for future use. 248. MANUFACTURING PLANT, an establishment devoted to the fabri- . cation, processing, assembling, cleaning or repair of articles, foods, liquids, and/or plants. 249. NIECHANICAL EQUIPMENT, any machinery designed or maufac- tured for permanent installation in one place, either outside of a buildinb or inside of a mechanical equipment building or room, driven by a motor or motors of more than five (5) horse power or more. i . 250. MINIMUM SQUARE FOOTAGE OF DWELLING UNIT shall mean ' � the minimum square footage of living space req�ired per dwelling �` unit, excludin roches g p , patios, or areas designated for automobile parking. 251. 1�IOBILE HOME, any vehicle used or manufactured to be used as a temporary or permanent dwelling or sleeping place for one or more persons, and having no foundation other than wheels, jacks or skirtings so arranged as to be integral to or portable by the vehicle, and shall include self-propelled and non self-propelled -99- . . . ' � ' . . .. . �. .. �� . " � . . . . .. . .. � ..1��.�y�T._'.�. .. 1. . . � . . .. . . . . ' .... ' .. .- . . . - - .`.'•, ?��. . . ` �t��tf �r•� . . . . . . ... .... ...-... �- ..':.. _..t..:w+�-�, . . .. . . . . - . . Ld��.wy�;�.-' ......, lr....�-..��. , _.. .. . ..� , . . vehicles so designed, constucted, reconstructed or added to by means of accessories in such manner as will permit the occupancy thereof as a temporary or permanent dwelling or sleeping place for one or more persons. 252. MOBILE HOME SUBDMSION, any lot, tract or parcel of land used in whole or in part for the parking of mobile homes used for or to be used as a temporary or a permanent dwelling or sleeping place for one or more persons by the day or week, or for a longer period of time with �or without compensation and where parking facilities are provided for one or more automobiles and mobile homes to be used for temporary or permanent dwellings. 253. MODULAR HOME, a structure or building module that is manu- factured at a location other than the location where it is installed and used as a residence by a consumer, transportable in one or more sections on a temporary chasis or other conveyance device, and to be used as a permanent dwelling when installed and placed upon a permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems cont��:�ed in the structure. The term does not include a mobile home as defined in the Texas Manufactured Housing Stand�rds Act; nor does it include building modules incorporating concrete or mansonry as � a primary component. 254. MOTOR FREIGHT TERMINAL, an establishment which charges for the transportation of goods by motor truck from one city to another, designed for storing and handling of goods so transported or to be transported, and for the parking, storing and maintenance of motor trucks engaged in such transportation. 255. MULTI-FAMILY DWELLING, a building or buildings containing or aggregating more than four single family dwelling units. 256. to 274. Reserved for future use. ' 275. NATURAL VEGETATION shall mean living plant material. 276. NE4V CAR SHOWROOM, an establishment of a dealer of new automobiles, authorized by the manufacturer of the automobiles. 277. NON-CONIMERCIAL, pertaining to an enterprise which provided goods and/or services only to its own members, stockholders or shareholders and their guests, and which returns all profits from the operation, if any, to the members, stockholders or shareholders, in accordance with their share of investment. 2 i 8. NON-CONFORI��ING USE, a building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the districts in which it is situated. 2Z9. NURSING H0�1E, an institution where persons suffering from generally permanent types of illness, injury, deformity, deficiency . -100- . � -�> >t;� . -Lt ,.._��. �;i;r'- � _, - _ _ . _ � . . H ... .... � .,... . - . � . . . . . ��. ..._, .. ...� ..,_:� ,.,. ., ..-::. ._.. _. .., ; . . . . .. .. .. , . . . .. ... . . , . . . , . . .- °. . . _ .'� _ . . . � . .. - of age, are given care and treatment on a prolonged or permanent basis, and which is licensed by the State of Texas or th City of Grapevine. 280. to 299. Reserved for future use. 300. OFF-STREET PARKING, asphalt or concrete surface areas upon which motor vehicles may be parked and which area has access to a public street. 302. OPEN SPACE, shall be all land designated for the recreational enjoyment and/or natural beauty of area. 303. OUTDOOR ADVERTISING SIGN, a signboard advertising a service commodity, goods, wares, merchandise or opinion not sold or offered to the public at the site upon which the signboard is located. 304. OUTSIDE STORAGE, the storage of commodities, goods and/or refuse outside of an enclosed building. 305. to 323. Subsection 305 to 323, both inclusive, are hereby reserved for future use. 324. PERIi�1ETER PLAN, a map indicating the proposed areas of common land usage on a tract of land three hundred (300) feet in depth adjacent to and within the total perimeter of the district. 325. PRENIISES, a piece of land or real estate owned, rented, leased, used or occupied distinet from those adjacent, by virtue of different ownership, rental, lease, usage or occupancy. 326. PRINCIPAL STRUCTURE, a building or structure, the use of which is a principal use. _ 327. PRINCIPAL USE, a use which, in comparison with another use occurring on the same property, has the greatest effective producing power. 328. PRIVATE, excluding those who have not been invited. - 329. PRNATE CLUB, a social organization to which membership is by invitation only, and its meeting place in which only members and their guests are permitted, but e.ccluding private clubs in which alcoholic beverages are stored, possessed or consumed. 330. PROFESSIONAL SERVICE, work performed by a member of a profession licensed as a profession by the State of Tesas. 331. PUBLIC, promotion of a public cause or service, including utilities havin� a frunchise from the City of Grapevinc, h�!t exciudin{; other profit-mal:ing or�•anizatio��s. 332. to 359, both inclusive, are hereby reserved for future use. -101- , . � . �. . ' _ . � r,,. .. ' . . . � .. .. . . _, � . . .. - _�� ' - . ��1K K+':.��'''^"' �&'.r".�-"_"'"' .`S J R� 1�.:�ti-6�� 1.�1♦ � - . � .. ' . . . . . . . .. .. . .:• ,.fi...,, Y��r-.:x �7�c�.: .t �y � -,.;ry_ �,.� . . . - . .. . . . � . . ti."`-'�' ,,.•`.�'. +� . , .. . . Y: . .-.{�.:-r.�. �.� .,. . . . . , .. . . . . • . ' _r,z•- ._ � ... . ... . .. .� . 360. RAILROAD EQUIPMENT STORAGE YARDS, a place for the storage of railway cars, boxcars and engines and related equipment. 361. RAIL6VAY FREIGHT STATION, an establishment which charges for the transport of goods, by railway from one city to another, designed for storing and hauling of goods so transported or to be so transported, but excluding the outside storage of railway cars, boxcars and engines. 362. REAR YARD, a space unoccupied by a principal structure estending for the full width of the lot between a principal , structure and the rear lot line. 363. RELIGIOUS INSTITUTION, shall be held to include a church as defined herein. 364. RETAIL STORE, a place where goods, wares, merchandise and commodities are sold and transferred directly to the purchaser or consumer in small quantities such as by the single yard, pound, gallon, single articles as opposed to wholesale trade. 365. to 388. Sub-section 365 to 388, both inclusive, a�re hereby reserved for future use. 389. S�LVAGE YARD, the outside storage of refuse and the recovery of usable portions of same. 390. SCREENING, a wall or fence, the surface of which does not contain openings more than forty (40) square inches in each one (1) square foot of surface of such wall or fence, and which surface shall constitute a visual barrier. Any wall or fence constructed to comply with any screening provision specified within this Ordinance shall be in accordance with the provisions of Section 30 of this Ordinance. 391. SERVANTS QUARTERS, an accessory dwelling located on a lot with a main residence structure and used as living quarters for persons employed on the premises only, and not for rent or use as a separate domicile of other than persons employed on the premises, and with no separate utility meters. � 392. SIDE YARD, an open unoccupied space on the same lot with a building, situated between the building and the side line of the lot, and extending through from the street or from the front yard to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line. _ 393. SINGLE FAMILY ATTACHED DWELLING, a portion of an enclosed building having accomodations for and occupied by only one family, attached to like units, which units may be sold individually provided that the entire building meets all lot area, front yard, side yard, rear yard, height and other zoning requirements. -102- .� ... .. _. � ._. . r. .. . . � . . . - . ... . ' . . " . . � .. ' .. . . ��.: -!'.:' .",fi°r . . . .. „ '� + . .. ._ .,. , . . . . . . . .__..... . .. ..- . � .._..� . . ..... .. 39�. SINGLE FAMILY DETACHED DWELLING, an enclosed building having accommodations for and occupied by only one family, which building must of itself ineet all the lot area, front yard, side yard, rear yard, height and other zoning requirements. 395. STORAGE, a space or place for storing and safekeeping of goods in a warehouse or other depository. 396. STORY, that portion of a building between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above. , 397. STREET, any public thoroughfare dedicated to the public and not designated as an alley. 398. STREET RIGHT-0E-WAY, a street, including its pavement and all the publicly owned property adjacent to it, dedicated for street purposes. 399. STRUCTURAL ALTERATIONS, any change in the supporting members of a building, such as bearing walls, columns, beams, or girdecs. 400. to 423. Sub-section 399 to 423, both inclusive, are hereby reserved for future use. 424. TOWNHOUSE, a single family attached dwelling unit on a separ- ately platted lot which is joined at another dwelling unit on one or more sides by a party wall or abutting walls and occupied by not more than one family. 425. TRIPLEX, a detached building containing three single family attached dwelling units. 426. to 445. Reserved. Sub-section 426 to 445, both inclusive are hereby reserved for future use. 446. �VAREHOUSING, storage in an enclosed building 5,000 square feet in area or larger, of articles, foods, liquids and/or plants including all necessary office and/or sales space, but not including motor terminal facilities or railway freight station facilities. 44i. LVHOLESALE BUSINESS, a commercial use devoted to the sale of goods and commodities in large lots to retail outlets and stores and manufacturers. � 448. �VIDTH OF LOT, the distance between the side property lines measured at the building nearest the front property line at the front property line, measuring parallel to the front property line, perpendicular to the side line, or perpendicular to a line bisecting the angle between two side lines, whichever is least. At no time, however, shall the front property line be less than twenty (20) feet. -103- ,. , :,_... _. . , �:.:,._;:.?..f�o:,n:r:-•�.•.<:-.t.::�a::::.;.:_.. . ... . . . . . .._ . . ...._ .. _._. . ... .. . . .. . . _ . . .. . .. ::-:. - -...,� ,,;.,;, .. _ 449. �VIDTH Or SIDE YARD, the least distance between a side wall of a building and the side line of the lot. B. AbIENDNIENTS TO THE DEFINITIONS in this section, or additional detinitions to be added to this section, may be made by the City Council of the City of Grapevine after receiving the recommendations and report of the Planning and Zoning Commission on such amendments or additions, and after a public hearing before the City Council, as provided by law. Public hearings before the Planning and Zoning Commission on any proposed amendment or addition to the definitions of this section shall be held by the Planning and Zoning Commission after notice of such hearing . shall have been given by publication at least one time in a newspaper of general circulation in the City of Grapevine, of the time and place of such hearing at least ten (10) days prior to the date of such hearing. r . - —IQ�— � . . . • • ',Y ♦•♦ � ��i .y}�. t y�C .}, t �i� C - - - . . . . ' . . � .. . .:R. .I. �e �7.� . . . . . .. , . . _. ..� . '. _..—... , .:�:d.�.r.��- _. .... . ,..,.��.- . .. .-. . . ... .... .. .. . SECTION 52 CHANGES AND AMENDMENTS A. Any person, corporation, or group of persons having a proprietary interest in any property, upon proof of such interest, may petition the City Council for a change or amendment to the provisions of this ordinance, � or the City Planning and Zoning Commission may, on its own motion, institute proposals for change and amendment in the public interest. All petitions for the amendment of this ordinance shall bear the signature of the owners of all property within the area of request. B. The City Council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or regvlations herein. Before taking action on any proposed amendmer:t, supplement, or change, the City Council shall submit the same to the City Planning and Zoning Commission for its recommendation and report. C. The City Planning and Zoning Commission shall hold a public hearing on any application for amendment, supplement, or change prior to making its recommendation and report to the City Counci. Written notice of all public hearings before the City Planning and Zoning Commission, on a proposed amendment, supplement, or change shall be sent to all owners of real proQerty lying within two hundred (200') feet of the property on which the change is requested. Such notice shall be given not less than ten (10) days before the date set for hearing, by depositing a notice properly addressed and postage paid in the United States Post Office to such property owners as the ownership appears on the last approved City Tax Roll. D. A public hearing shall be held by the City Co�ncil before adopting any proposed amendment, supplement, or change. At least fifteen (15) days notice of the time and place of such hearing shall be published in the official netivspaper of the City of Grapevine. E. If such proposed amendment, supplement, -or change has been denied by the City Planning and Zoning Commission, or if a protest against such proposed amendment, supplement or change has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty (20°0) percent or more, either of the area of the lots included in such proposed change or those immediately adjacent to and extending two hundred (200') feet therefrom, such amendment shall not become effective eYcept by a three-fourths (3/4) vote of the members of the City Council of the City of Grapevine. -105- . . � � , .. '' � , - . ' ' . ... . . . � ' . .. .' � , ' Y- :Y.4. �^ � � .. .... .. . ..... ._.... � ..�: -....�.�a:.-:.+r... . . '����a.. . . � . . � . - -�:r�-...r-:..vir;S.::�.'lyt��yA�T-- ....11��✓ � � . . ' ...,.1 �"....... SECTION 53 ORDINANCES NOT REPEALED Ordinance No. 55-6 adopted and approved by the City Council of the City of Grapevine, Texas on the 2nd day of August, 1955, Ordinance No. 70-10, adopted on April ?, 1970 and all amendments thereto shall remain in full force and effect after the effective date of this ordinance until such time as the City Council of the City of Grapevine shall hold public hearing and define and create the Use Districts herein established, except that after the effective date of this ordinance all requests for�zoning changes in property use shall be made under this ordinance, and if zoning changes and use designations are made by the City Council they shall be made under the terms and provisions of this ordinance, in accordance with the Districts and the regulations herein established. SECTION 54 PENALTY , Any person violating or failing to comply with any provisions of this ordinance shall be fined upon conviction, not less than One Dollar nor more than Two Hundred Dollars, and each day any violation or non-compliance continues, shall constitute a separate offense. SECTION 55 EXCEPTIONS AND EXEMPTIONS NOT R�EQUIRED TO BE NEGATED In any complaint and in any action or proceedings brought for the enforcement of any provision of this ordinance, it shall not be necessary to negate any exception, excuse, proviso or exemption contained in this ordinance, and the burden of proof of any such exemption, excuse, proviso or exemption shall be upon the defendant. SECTION 56 CATCHLINES The catehlines of the several sections of this ordinance immediately following each section number or subsection letter or number are intended as mere catchwords to indicate the contents of the section or subseetion, and shall not be deemed or taken to be titles of such sections nor as any part of the section nor, unless erpressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re-enacted. SECTION 57 SAVINGS CLAUSE It is hereby declared to be the intention of the City Council of the City of Grapevine that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional, illegal or invalid, such unconstitutionality or invalidity shall not affect any of the remaining � phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, parao aph or section. SECTION 58 EIIERGENCY -106- .a • � . . _-L . . ..:. .. .-' - . . _ . ' . ' ,_ . . . _. ._. �. �:.� �a -r;`- s.' -{ r. - • . .. . . . .. , ,. :��° . . . .. . . . ....... . . ._. . - e.. The fact that the present zoning ordinance and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediate preservation of the public which requires that this ordinance shall become effective from and after the date of its passage, as provided by the Charter of � the City, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEYAS, ON FIRST READING this the 19th day of October, 1982, A.D. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, QN FINAL READING this the 2nd day of November, 1982, A.D. Mayo ATTEST: City Sec tar APPROVED AS TO FO City Attorney _ ( � i t -107-