This ordinance is prepared under the authority of V.T.C.A., Local Government Code, Chapter 211, of the State of Texas, to promote health, safety, and morals, and for the protection and preservation of places and areas of historical and cultural importance and significance, or the general welfare of the community, and the legislative body is empowered to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of the yards, courts and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence or other purpose; and, in the case of designated places and areas of historic and cultural importance, to regulate and restrict the construction, alteration, reconstruction or razing of buildings and other structures.
(Ordinance 12.6.88 adopted 12/6/88)
These zoning regulations are made in accordance with the spirit of the community plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.
These regulations are made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.
(Ordinance 12.6.88 adopted 12/6/88)
A. 
ADMINISTRATION.
The building official is hereby designated by the City Council as the administrative official to supervise the administration and enforcement of this ordinance. The building official may be provided with the assistance of such other persons or consultants as the City Council may direct.
If the administrative official finds that any of the provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures, removal of illegal buildings or structures or of illegal additions, alterations, or structural changes, discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.
B. 
VIOLATION AND PENALTIES.
Any person or corporation who violates any of the provisions of this ordinance, or fails to comply herewith, or with the requirements hereof, or who shall build or alter any building or use in violation of any provision of this ordinance, or the owner, agent, lessee, or tenant of any part of a building or premises in which such violation has been committed or shall exist, or the agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be guilty of a misdemeanor punishable by a fine not to exceed Two Thousand Dollars ($2,000.00) for each and every day that any violation exists shall constitute an offense. If a building or other structure is erected, constructed, or reconstructed, altered[,] repaired, converted or maintained or if a building, other structure or land is used in violation of this ordinance, any such violation shall exist shall be guilty of a misdemeanor punishable by a fine not to exceed Two Thousand Dollars ($2,000.00) for each and every day that any violation exists shall constitute an offense. If a building or other structure is erected, constructed, or reconstructed, altered[,] repaired, converted or maintained or if a building, other structure or land is used in violation of this ordinance, the City, in addition to other remedies, may institute appropriate action to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; to restrain, correct, or abate the violation; to prevent the occupancy of the building, structure, or land; or to prevent any illegal act, conduct, business, or use on or about the premises.
C. 
INTERPRETATION AND APPEALS.
It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the zoning board of adjustment only on appeal from the decision of the administrative official, and that recourse from the decisions of the zoning board of adjustment shall be to the courts as provided by law.
D. 
CITY COUNCIL DUTIES.
It is further the intent of this ordinance that the duties of the City Council in connection with this ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this ordinance. Under this ordinance, the City Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this ordinance, as provided by law, and of establishing a schedule of fees and charges as stated in subsection E herebelow.
E. 
FEES.
The City Council shall, by resolution, establish a schedule of fees, charges and expenses, and a collection procedure for the administration, permits, certificates of occupancy, zoning change requests, zoning board of adjustment appeals, and other matters pertaining to this ordinance. The schedule of fees shall be posted in the office of the zoning administrative official, and may be altered or amended only by action of the City Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ordinance 12.6.88 adopted 12/6/88)
For the purpose of this ordinance, certain terms and words are defined and shall have the meaning ascribed in this ordinance unless it is apparent from the context that different meanings are intended:
Accessory Building
means a subordinate building, the use of which is incidental to that of the main building on the same lot.
Administrative Official
is the officer or other designated authority charged with the administration and enforcement of this ordinance, or his duly authorized representative.
Alley
is a public minor way which is used primarily for secondary vehicular service access to the back or side of properties otherwise abutting on a street or highway.
Apartment
is a room or suite of rooms in an apartment house arranged, designed or occupied as a dwelling unit residence by a single family, individual, or group of individuals living together as a single housekeeping unit.
Apartment Hotel
is an apartment house which furnishes services for the use of tenants which are ordinarily furnished by hotels.
Apartment House
is any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more apartments or dwelling units or which is occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities.
Automobile.
A vehicle that is designed primarily for passenger use such as a car, pick-up, sport utility vehicle or passenger van. Does not include motorcycles, all-terrain vehicles (ATVs), motorbikes, motor scooters, golf carts, trailers, recreational vehicles (RVs), etc.
Automobile Leasing/Rental.
A business establishment that provides for the renting of automobiles (i.e., not trucks or heavy load vehicles) on a short- or long-term basis. May include the incidental storage of automobiles being rented. Does not include on-site storage of inoperable vehicles or vehicles requiring repair for more than three (3) calendar days.
Automobile Repair, Major
is any area used for general repair, rebuilding or reconditioning engines of automobiles and light-duty vehicles (no heavy load vehicles); collision services, including body, frame or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.
Automobile Repair, Minor
is any area used for minor repair or replacement of parts, tires, tubes, batteries and minor motor services such as grease, oil, spark plug and filter changing of automobiles and light-duty vehicles (no heavy load vehicles), but not including any operation named under "automobile repair, major" or any other similar use thereto.
Automobile Sales Area
[deleted by Ordinance 13-0815A]
Automobile Sales, New.
Retail sales of new automobiles or light load vehicles (no heavy load vehicles). May include, as accessory uses incidental to the primary use, the following: major and minor vehicle repairs, parts sales, on-site fuel tank(s) for use by the operation only (no retail fuel sales) if such are approved by the Fire Department and Building Official, vehicle leasing in lieu of purchase, vehicle rental to service customers, and/or incidental sales of used vehicles.
Automobile Sales, Used.
Retail sales of primarily used automobiles or light load vehicles (i.e., no heavy-load vehicles). May include, as accessory uses incidental to the primary use, the following: major and minor vehicle repairs, parts sales, on-site fuel tank(s) for use by the operation only (no retail fuel sales) if such are approved by the Fire Department and Building Official, vehicle leasing in lieu of purchase, vehicle rental to service customers, and/or incidental sales of new vehicles.
Automobile Service Station
is any building and/or premises where gasoline, oil, grease, batteries, tires and accessories for automobiles and light-duty vehicles (no heavy load vehicles) may be supplied and dispensed at retail, including the servicing of automobiles and light-duty vehicles (no heavy load vehicles) designed or calculated to be performed by the customer. In addition, the following services for automobiles and light-duty vehicles (no heavy load vehicles) may be rendered and sales made, and no other:
(a) 
Sale and service of spark plugs, batteries and distributors and distributor parts;
(b) 
Tire servicing and repair, but not recapping or regrooving;
(c) 
Replacement or adjustment of automobile accessories;
(d) 
Radiator cleaning and flushing; provision of water, antifreeze and other additives;
(e) 
Washing and polishing and sale of automotive washing and polishing materials;
(f) 
Greasing and lubrication;
(g) 
Providing and repairing fuel pumps, oil pumps and lines;
(h) 
Servicing and repair of carburetors;
(i) 
Adjusting and repairing brakes;
(j) 
Emergency wiring repairs;
(k) 
Motor adjustments not involving removal of head or crankcase;
(l) 
Provision of cold drinks, packaged foods, tobacco and similar convenience goods for customers, but only as accessory and incidental to the principal operation;
(m) 
Provision of road maps and other information material;
(n) 
Provision of restroom facilities;
(o) 
Courtesy parking lot for automobiles and light-duty vehicles (no heavy load vehicles) as an accessory use and only in conjunction with an Automobile Service Station and not for any type of fee or payment;
(p) 
Courtesy wrecker service for customers of the establishment (one wrecker for automobiles and light-duty trucks only shall be allowed on-site); and
(q) 
Uses permissible at a service station do not include body work; transmission or brake overhauling; straightening of frames or body parts; steam cleaning, painting, welding, storage of automobiles not in operating condition nor the operation of a commercial garage or a Commercial Parking Lot or Truck/Bus Storage.
Automobile Wash or Laundry
See Carwash.
Automotive-Related Use.
This term shall include the following uses: Automobile Leasing/Rental; Automobile Sales, New; Automobile Sales, Used; and Parking Lot, Commercial.
Basement
is a building story, the floor line of which is below grade at any entrance or exit, but may have at least one-half (1/2) of its height above the average level of the adjoining grade level.
Block
means that property abutting on one side of a street and lying between the nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right-of-way, waterway, or other barrier to or gap in the continuity of development along such street.
Boarding/Lodging House
means a dwelling wherein lodging or meals for three (3) or more persons, not members of the principal family therein, is provided for compensation, but not including a building in which ten (10) or more guest rooms are provided.
Building
is any structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind. When such structure is divided into separate parts by one (1) or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yards.
Building Height
is the vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
Building Line
is a line parallel or approximately parallel to the street line at a specific distance therefrom marking the minimum distance from the street line that a building may be erected.
Building Official.
See Administrative Official.
Carwash.
is a building, or portion thereof, where automobiles or other light-duty vehicles are automatically or manually washed regularly as a business.
Cemetery
is land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, if operated in connection with and within the boundaries of such cemetery.
Certificate of Occupancy
is an official certificate issued by the building inspector which indicates conformance with or approved conditional waiver from the zoning regulations and authorized legal use of the premises for which it is issued.
Clinic
is a public or private, profit or nonprofit facility for the reception and treatment of outpatient persons physically or mentally ill, injured, handicapped or otherwise in need of physical or mental diagnosis, treatment, care or similar service.
Club
is a nonprofit association of persons who are bona fide members, paying regular dues and are organized for a common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
Club, Private (Class I)
is an establishment or enterprise wherein activities are carried on by or for a group or association of dues-paying members organized for some common purpose.
Club, Private (Class II)
is a club as defined above, except such establishments shall have been issued an alcoholic beverage permit by the Texas Alcoholic Beverage Commission.
Community Center, Public
means building and grounds owned and operated by the governmental body for the social, recreational, health and welfare of the community served.
Conditional Use
means any building, structure, and use which complies with the applicable regulations and standards governing conditional uses of the zoning district in which such building, structure and use is located, and for which a permit is granted.
Convalescent (Rest) Home
is a home designed for the care of patients after they leave the hospital but before they are released from observation and treatment.
Convenience Store.
See Neighborhood Convenience Center.
Court
means an open, unoccupied space on the same lot with a building and bounded on two (2) sides by such building, or the open space provided for access to a dwelling group.
Display Sign
is a structure that is arranged, intended, designed or used as an advertisement, announcement or direction, including sign, billboard and advertising device of any kind.
District
means a portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this ordinance. The term “R District” shall mean any AG, MH, SF1, SF2, MF1 and MF2 District; the term “I District” shall mean any I-1 or I-2 District; and the term “C District” shall mean any C-1 or C-2 District.
Dwelling Group
means a group or row of dwellings, each containing one (1) or more dwelling units and all occupying one (1) lot or site, as defined herein, and having a court in common; including a bungalow court or apartment court, but not including an automobile court or automobile camp.
Dwelling Unit
means a room or group of rooms including cooking accommodations, occupied by one (1) family, and in which not more than two (2) persons, other than members of the family, are lodged or boarded for compensation at any one time.
Dwelling Unit, Multiple
means a building containing three (3) or more dwelling units.
Dwelling Unit, Single-Family, Attached
means a dwelling which is joined to another dwelling at one (1) or more sides by a party wall or abutting separate walls and is designed for occupancy by one (1) family and is on a separate lot delineated by front, rear and side lot lines.
Dwelling Unit, Single-Family, Detached
means a building containing one (1) dwelling unit and located on a lot or separate building tract and having no physical connection to a building on any other lot.
Dwelling Unit, Two-Family
means a building containing two (2) dwelling units.
Earthtone Color
means a color scheme that draws from a color palette of browns, tans, warm grays and greens that are muted and flat in an emulation of the natural colors found in dirt, moss, trees and rocks. Many earth tones originate from clay earth pigments, such as umber, ochre and sienna. For the purposes of this ordinance, "earthtone color" shall also be defined as one of the colors in the following Sherwin-Williams exterior color palette families: "Warm neutrals" and "cool neutrals."
Essential Services
means the erection, construction, alteration, maintenance by public utilities or by governmental departments or commissions of such underground or overhead gas, electrical, steam, or water transmission or distribution systems and structures, collection, communication, supply or disposal systems and structures, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, street lights, traffic signals, hydrants and other similar equipment, and accessories in connection therewith, but not including building or microwave radio relay structures, as are reasonably necessary for the furnishing of adequate service by such public utilities or governmental departments or commission or as are required for protection of the public health, safety, or general welfare. For the purpose of this definition, the word “building” does not include “structures” for essential services.
Family
means two (2) or more persons, related by blood, marriage, or adoption, occupying a dwelling unit as a single, nonprofit housekeeping unit, but not including a group occupying a hotel, boarding house, club, dormitory, fraternity or sorority house.
Farm
is an area of two (2) acres or more which is used for the growing of usual farm products such as vegetables, fruit, trees and grain and storage on the area, as well as the raising thereon of the usual farm poultry and farm animals such as horses, cattle, sheep and swine, including dairy farms with necessary accessory uses and for treating and storing the produce; provided, however, that the operation of such accessory shall be secondary to that of the normal activities; and provided further that it does not include the commercial feeding of offal or garbage to swine or other animals.
Floodplain
is the relatively flat lowlands adjoining the channel of a river, stream or watercourse which has been or may be covered by floodwater. Any land covered by the water of a one hundred (100) year frequency storm is considered in the floodplain.
Frontage
is all the property abutting on one (1) side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of a dead-end street, or village boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. Where a lot abuts more than one (1) street, the Planning and Zoning Commission shall determine the frontage for purposes of this ordinance.
Front Yard
is an open, unoccupied space on a lot facing a street and extending across the front of the lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof other than the projection of the usual steps or eave overhang.
Garage, Commercial
means a building or portion of a building that is used for the storage of automobiles and light-duty vehicles (no heavy load vehicles) for a fee; any sale of gasoline, oil, and accessories shall be only incidental to the principal use of automobile and light-duty vehicle storage.
Garage, Private
means an accessory building or portion of a main building on the same lot and used for the storage only of private passenger automobiles and light-duty vehicles (no heavy load vehicles), not more than two (2) of which are owned by others than the occupants of the main building. This use shall not include the parking or storage of any vehicles for a fee (see Garage, Commercial or Truck/Bus Storage).
Garage, Public
means a building or portion of a building, except that herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire; in which any sale of gasoline, oil, and accessories is only incidental to the principal use.
Garden Apartment
is a multifamily dwelling unit with not more than two and one-half (2-1/2) stories. The building generally has private outdoor space, either on grade, or a private balcony.
Grade
when used as a reference point in measuring height of buildings, the “grade” shall be the average elevation of the finished ground at the exterior walls of the main building.
Green Belt
is a piece of land, normally relatively narrow in comparison to its length, reserved to provide for both passive and active recreation, to function as a corridor connecting park areas, to serve as a buffer between various land uses, or to provide for open space. It frequently utilizes floodplains along creeks and is often left in its natural state.
Gross Floor Area
means the living area of a building, including the walls thereof, but excluding all porches, open breezeways and garages.
Heavy Load Vehicle.
A self-propelled vehicle having a manufacturer’s recommended Gross Vehicle Weight (GVW) of greater than 16,000 pounds (including trailers), such as large recreational vehicles (originally manufactured as RVs, not converted), tractor-trailers, buses, vans, and other similar vehicles. The term “truck” shall be construed to mean “Heavy Load Vehicle” unless specifically stated otherwise.
Height of Building
means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to a point midway between elevation of the eaves and elevation of the ridges, gable, hip and gambrel roof.
Home Occupation
means any occupation customarily conducted for gain or support entirely within a dwelling by a member or members of a family while residing therein, and which is clearly incidental and secondary to the residential use of the premises and does not change the character thereof.
Hospital
may be a public or private, profit or nonprofit institution for the reception and treatment of the physically or mentally handicapped, sick or injured, and shall be distinguished by its in-patient facilities. It may also be an institutional sanctuary for the reception of the aged, or for the physically or mentally ill, retarded, infirm or deficient. Permitted accessory uses shall include medical and psychiatric clinics, doctors’ offices, sale of medical and surgical specialties and supplies, crutches, artificial members and appliances, training in the use of artificial services, pharmacies and similar uses; provided, however, that any such accessory use is so use-wide related to the principal use as to be in fact an integral part of the total purpose and is incorporated within the same building or building complex; and provided further that the floor area occupied by all accessory uses does not exceed one-third (1/3) of the total floor area. Whether or not a questionable use is “similar,” or an “integral” part of the total purpose shall be subject to determination by the board of adjustment. Hospital related X-ray and laboratory facilities shall not be considered accessory uses in computation or area occupancy.
Hotel
means a building or portion thereof in which ten (10) or more guest rooms are provided for occupancy for compensation by transient guests.
HUD-Code Manufactured Home
means that part of a parcel of land (mobile home site) in a mobile home park which has been reserved for the placement of one (1) HUD-Code manufactured home (mobile home).
HUD-Code Manufactured Home or Subdivision
means a parcel of land which is owned by an individual, a firm, trust, partnership, public or private association or corporation, and has been developed for rental or sale of lots to persons with HUD-Code manufactured homes (mobile homes).
Impoundment Lot (Commercial/Private)
an area used for the temporary parking and storage of primarily operable impounded vehicles (of any type) that are being held due to parking violation, repossession, etc. Does not include the sales, dismantling or sales of parts from any vehicle, and does not include the parking or storage of wrecked, junked or inoperable vehicles for longer than thirty (30) calendar days.
Industrialized Housing
means a residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules, or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include any residential structure that is in excess of three (3) stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not apply to (i) housing constructed of sectional or panelized systems not utilizing modular components; or (ii) any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.
Industry
is the storage, repair, manufacture, preparation or treatment of any article, substance or commodity.
Junkyard or Salvage Yard
means any area used for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials or goods, or used for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery, or parts thereof.
Kennel
is any structure or premises on which more than three (3) dogs over six (6) months of age and seven (7) dogs under six (6) months of age are kept.
Landscape Setback
in the C1, C2, L1 and L2 Districts [sic], the area within twenty (20) feet of a controlled access freeway right-of-way and within ten (10) feet adjacent to the right-of-way of all other public streets, shall be considered a landscape setback.
Light Duty Vehicle
see definition for "Automobile."
Loading Space
is an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
Lodging House
means the same as Boarding House.
Lot
means the entire parcel of land occupied or to be occupied by a main building and its accessory buildings, or by a group such as a dwelling group or automobile court and their accessory buildings, including the yards and open spaces required.
Lot Coverage
the percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.
Lot Depth
means the average depth from the front line of the lot to the rear line of the lot.
Lot Lines
means the property lines bound the lot as defined herein.
Lot of Record
is a lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Dallas County, or a parcel of land, the deed for which was recorded in the office of the County Clerk, Dallas County, prior to January 1, 1988.
Lot Width
means the width measured at a distance back from the front line equal to the minimum depth required for a front yard.
Lot, Corner
means a lot abutting on two (2) intercepting or intersecting streets where the interior angle of intersection or interception does not exceed one hundred thirty-five (135) degrees.
Lot, Interior
means a lot other than a corner lot.
Lot, Through
means a lot having its front and rear lines on different streets, or having its front or rear line on a street and the other line on a river, lake, creek or other permanent body of water.
Main Building
means a building in which is conducted the principal use of the lot on which it is situated.
Manufactured Home, HUD-Code
means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems. A HUD-Code manufactured home is not a mobile home. A mobile home shall not be used as dwelling units within the corporate limits of the City of Wilmer.
Minimum Required Floor Area of Dwelling Unit
means the living space of a dwelling unit exclusive of breezeways, garages, open porches, carports, accessory buildings or accessory space designed and used directly and specifically for dwelling purposes.
Mobile Home
means a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. A mobile home is not a HUD-Code manufactured home.
Motel
means a building or a group of two (2) or more buildings containing guest rooms or apartments with automobile storage space provided in connection therewith, and used primarily for the accommodation of automobile travelers, including groups designated as auto cabins, motor lodges, motor courts, motels, and similarly designated groups.
Neighborhood Convenience Center
means centers which carry convenience goods, such as groceries, drugs, hardware, and some variety items, and also includes some service stores. The neighborhood convenience center may contain one (1) or two (2) small apparel or shoe stores, but it is clearly dominated by convenience goods, which are items of daily consumption and very frequent purchase, sometimes called “spot necessity” items. This neighborhood serving store group is within convenient walking distance of families served (within convenient driving range in low-density areas), with due consideration for pedestrian access and amenity of surrounding areas.
Nonconforming Use
means use of a building or land which existed previous to annexation or adoption of zoning applicable to the property that does not conform to the present regulations as to use for the district in which it is situated.
Nursing Home
is a home where ill or elderly people are provided with lodging and meals with or without nursing care.
Open Space
is that part of any lot or tract that is used for recreational purposes, both passive and active, but not including areas used for parking or maneuvering of automobiles, or drives or approaches to and from parking areas. Floodplains, or 50 percent of any standing surface water, may be considered as open space, provided such open space is contiguous and part of the platted lot and is maintained and utilized in the same manner and to the same degree as all other open space areas as designated on the site plan as filed with the building permit application.
Parking Area, Private
means a permanently surfaced open area for the same uses as a private garage (i.e., only for passenger automobiles and light-duty vehicles, no heavy load vehicles).
Parking Area, Public
[deleted by Ordinance 13-0815A]
Parking Lot, Commercial.
An open lot or area designed specifically for the temporary or long-term parking or storage of operable (i.e., no junked, wrecked or inoperable) automobiles and light-duty trucks (i.e., no heavy load vehicles and no trailers that are larger than twenty feet in overall length) for a fee. May include a business office for a parking attendant.
Parking Space
means a permanently surfaced area not less than one hundred sixty-two (162) square feet (measured approximately nine (9) feet by eighteen (18) feet, either within a structure or in the open, not on public right-of-way, exclusive of driveways or access drives, for the parking of one (1) vehicle.
Planned Development
shall mean land under unified control, planned and developed as a whole; in a single development operation or a definitely programmed series of development operations, including all lands and buildings; for principal and accessory structures and uses substantially related to the character of the district; according to comprehensive and detailed plans which include not only streets, utilities, and lots or building sites, but also site plans, floor plans, and elevations of all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings; and with a program for provision, operation and maintenance of such areas, improvements, facilities, and services as will be for common use by some or all of the occupants of the district, but will not be provided, operated or maintained at general public expense.
Planned development is both a concept and a zoning classification which may include, in addition to planned unit development, commercial, shopping center and industrial uses, or a combination thereof, which may be intended to serve areas within the district and areas without the district.
Rear Yard
means the required rear yard is an open space unoccupied and unobstructed except for accessory uses extending across the rear of a lot from one side lot line to the other side lot line, the depth of which is dependent upon the zoning district in which the lot is located.
Recreational Vehicle
is a vehicular, portable structure designed to be transported over the highways and containing living or sleeping accommodations, such structure being designed and actually used as a temporary dwelling during travel for recreation and pleasure purposes, and not exceeding eight (8) feet in width and not exceeding twenty-two (22) feet in length.
Recreational Vehicle/Trailer Sales, Leasing & Repair
an establishment offering the sales, leasing, rental, service and/or repair of new and/or used recreational vehicles and trailers (such as cargo, flatbed, long-haul and livestock), travel trailers and campers. Includes sales of camping supplies and parts for RVs. May include outdoor display and storage of vehicle and trailer inventory.
Rooming House
is a dwelling occupied by a resident family or resident occupant and three (3) or more rent-paying persons.
School, Business or Trade
means a business organized to operate for a profit and offering instruction and training in service or art such as a secretarial school, barber college, beauty school or commercial art school.
School, Elementary and High
means an institution of learning which offers instruction in several branches of learning and study required to be taught in public school. High schools include junior and senior grades.
Screening Element (Device) - or suitably screened,
as herein referred, shall mean any of the following:
(a) 
Any solid material constructed of brick, masonry, or of a concrete or metal frame, or wood or base which supports a permanent type material, the vertical surface of which is not more than thirty percent (30%) open; or
(b) 
Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition.
(c) 
Landscaped earth berms may, when appropriate in scale, be considered and used as a screening element in lieu of a fence, wall, hedge, or other dense planting material.
Security Hardware (burglar bars) on Buildings.
Any type of bars, grilles, mesh or other device that is installed on windows or doors of a building for the purpose of securing the building from being entered by unauthorized persons. Can be made of solid or hollow-core metal, fiber-or Plexiglass, plastic, wood or other material commonly utilized in the building security industry.
Service Station.
See Automobile Service Station.
Shopping Center
is an area consisting of one (1) acre or more arranged according to a site plan to be submitted to and to be approved by the Planning and Zoning Commission and the City Council, on which is indicated the amount of land to be devoted to the shopping center, the detailed arrangement of various buildings, parking area, streets and type of zoning desired. The installation of all utilities, drainage structure, paving of streets, parking area, alley and installation of sidewalks shall be in accordance with the City’s specifications for each type of improvement.
Story
means that portion of a building including between the surface of a floor and the surface of a floor next above it, or if there is no floor above it, then the portion of the building between the surface of a floor and the ceiling or roof above it. A basement shall be counted as a story for the purposes of height regulations, if the vertical distance from grade to the ceiling is more than seven (7) feet.
Story, Half
means the topmost story under a gable, hip, or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story.
Street
means a public or private thoroughfare which affords the principal means of access to abutting property.
Street Trees
the trees named here and any other tree which, when mature, will attain a minimum height of twenty (20) feet and a six (6) inch caliper which can be demonstrated to be drought resistant and possess a compact root system posing minimum danger to the integrity of public utilities (i.e., Texas red oak, shumard red oak, live oak, bur oak, cedar elm, and bald cypress).
Structural Alteration
means any change, addition or modification in construction in the supporting members of a building, such as exterior walls, bearing walls, beams, columns, foundations, girders, joists, roof joists, rafters, or trusses.
Thoroughfare
means an officially designated federal or state numbered highway or county or other road or street designated as a primary thoroughfare on the official thoroughfare plan of the City.
Thoroughfare Plan
means the official thoroughfare plan of the City adopted by the City Council establishing the location and official right-of-way width of principal highways and streets in the City, together with all amendments thereto subsequently adopted.
Tourist Home
is a building or part thereof; other than hotel, boarding house, lodging house, or motel, where lodging is provided by a resident family in home for compensation, mainly for transients.
Towers (Radio, Television or Microwave)
means structures supporting antennae for transmitting or receiving any of the radio spectrum, but excluding noncommercial antennae installations for home use of radio.
Townhouse or Row House
means three (3) or more dwelling units attached by common vertical walls.
Trailer, including Automobile Trailer and Trailer Coach
is any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters or the conduct of any business, trade or occupation, or used as a selling or advertising device, or used for storage or conveyance of tools, equipment and machinery, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.
Travel Center (also "Truck Stop")
a large-scale motor fuel sales facility of over five thousand (5,000) square feet that primarily involves fueling and travel services for tractor trucks and the trucking industry.
Truck
see Heavy Load Vehicle.
Truck/Bus Repair
an establishment that provides major and minor repairs to trucks, buses, trailers and other heavy load vehicles for a fee. Includes no outdoor storage except the parking of vehicles being repaired, which may remain on-site for no longer than thirty (30) calendar days. Can include a courtesy wrecker service (maximum of three wreckers maintained on-site for incidental towing).
Truck/Bus Sales & Leasing/Rental
the rental of new and/or used panel trucks, vans and other heavy load vehicles that are in operable condition. Does not include truck/bus repair services.
Truck/Bus Storage
an area for the temporary parking or long-term storage of operable (i.e., no junked, wrecked or inoperable) trucks, buses, RVs, trailers, boats and other types of special and heavy load vehicles, owned by others, for a fee.
Truck/Bus Wash
a facility for the automated, self-serve or full-service washing and detailing of heavy load vehicles for a fee. Overnight storage of vehicles or trailers shall be limited to those vehicles or trailers that are being cleaned, and shall be for no longer than two (2) nights at any given visit.
Truck-Related Use.
This term shall include the following uses: Truck/Bus Repair; Truck/Bus Storage; Truck/Bus Wash; Truck/Bus Sales & Leasing/Rental; Impoundment Lot; and Wrecker/Towing Service.
Use
means the purpose for which land or a building or structure thereon is designed, arranged, intended or maintained, or for which it is or may be used or occupied.
Use, Accessory
means a subordinate use on the same lot with the principal use and incidental and accessory thereto.
Used Car Lot
[deleted by Ordinance 13-0815A]
Vehicle Service Center
see Automobile Service Station.
Wrecker/Towing Service
an establishment or place of business engaged in towing or transporting all types of vehicles (including automobiles, trucks, buses, RVs, etc.) either behind the towing vehicle or placed on top of a flat-deck transport vehicle. Includes the temporary storage of vehicles for no longer than fourteen calendar days. Does not include long-term vehicle storage or junkyard/salvage operations.
Yard
means an open space, other than a court, on the same lot with a building.
Yard, Front
means a yard extending across the full width of a lot and having a depth equal to the shortest distance between the front line of the lot and the nearest portion of the main building, including an enclosed or covered porch, provided that the front yard depth shall be measured from the future street line for a street on which a lot fronts, when such line is shown on the official map or is otherwise established.
Yard, Rear
means a yard extending across the full width of a lot and having a depth equal to the shortest distance between the rear line of the lot and the main building.
Yard, Side
means a yard between the side line of the lot and the main building extending from the front yard to the rear yard and having a width equal to the shortest distance between said side line and the main building.
Zoning Map
means the official zoning map of the City together with all amendments subsequently adopted.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 13-0815A adopted 8/15/13; Ordinance 13-1107C adopted 11/7/13; Ordinance 14-0605 adopted 6/5/2014; Ordinance 15-1119A adopted 11/19/2015)
A. 
ESTABLISHMENT OF DISTRICTS.
For the purpose of this ordinance, the City is hereby divided into ten (10) districts, as follows:
SF1- Single-Family Residential Large Lot
SF2-Single-Family Residential
MF1- Multiple-Family Residential Medium Density
O - Office
C1- Restrictive Commercial
C2- General Commercial
I1- Light Industrial District
I2- Heavy Industrial District
MH- HUD-Code Manufactured Home District
PD- Planned Development District
B. 
FLOODPLAIN DESIGNATION OVERLAY.
Notwithstanding the foregoing, there shall be a district known as “FP,” Floodplain District, which may be coextensive with or overlap any or all of the foregoing districts or portions thereof, and any tract of land or portion thereof may, at the same time, be zoned for the uses in one of the foregoing districts and be zoned “FP” Floodplain.
Where a tract of land or portion thereof is zoned for the uses of one of the foregoing districts and is also zoned “FP” Floodplain, the restriction contained in the “FP” Floodplain District shall be applicable to said tract or portion thereof and shall take precedence over the other zoning districts.
C. 
OFFICIAL ZONING MAP.
The City is hereby divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is in existence and is hereby adopted and declared to be a part of this ordinance, as if the same were set forth herein in detail.
D. 
MAP CERTIFIED.
The official zoning map shall be identified by the signature of the Mayor, attested by the City Secretary, and bearing the seal of the City under the following words:
“This is to certify that this is the official zoning map adopted as part of Ordinance No. _______of the City of Wilmer.”
E. 
LOCATION OF MAP.
The official zoning map shall be in the custody of and shall remain on file in the office of the City Secretary.
F. 
PUBLIC INSPECTION OF MAP.
The official zoning map shall be available for public inspection for all matters which are of public record.
G. 
AMENDMENT OF OFFICIAL ZONING MAP.
When changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the City Council. No amendment to this chapter which involves matters portrayed on the official zoning map shall become effective until after council approval and after such change has been made to said map.
H. 
OFFICIAL ZONING MAP REPLACEMENT.
The City Council may by ordinance adopt a new official zoning map should the original reproducible tracing of the official zoning map be damaged, destroyed, lost or become ambiguous because of the nature or number of changes and additions. The new official zoning map may correct drafting of other errors or omissions in the prior official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the Mayor, attested by the City Secretary, and bearing the seal of the City under the following words:
“This is to certify that this official zoning map supersedes and replaces the official zoning map adopted (date of adoption of map being replaced) as a part of the Zoning Ordinance of the City of Wilmer, Texas.”
I. 
INTERPRETATION.
(1) 
When the district boundaries are either roads or streets, unless otherwise shown, and where the designation of the district map indicates that the various districts are bounded by a road or street line, the centerline of such street shall be construed to be the district boundary line.
(2) 
Where the district boundaries are not otherwise indicated and where property has been subdivided into lots and blocks, the subdivision boundaries shall be construed to be the boundary of the district.
(3) 
Where the district boundaries are not otherwise indicated for unsubdivided property, the district boundaries are property lines or section lines, or quarter section lines, or quarter-quarter section lines.
(4) 
Where district boundaries are disputed or not otherwise clearly designated, or where the physical or structural features are at variance with the official zoning map or other circumstances not covered in this section, the board of adjustment shall interpret the district boundaries.
J. 
RULES FOR WORDS AND PHRASES.
For the purposes of this ordinance, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word “shall” is mandatory, not directory; the word “may” is permissive; the word “person” includes a firm, association, organization, partnership, trust, foundation, company or corporation as well as an individual; the word “used” includes designed and intended or arranged to be used; the word “building” includes the word “structure;” the word “lot” includes “building lot” or parcel. Wherever this ordinance imposes a greater restriction than that imposed by other ordinances, laws or regulations, the provisions of this ordinance shall govern.
K. 
COMPLIANCE WITH REGULATIONS.
The regulations set by the ordinance within each district shall be minimum regulations and shall apply uniformly to each class and kind of structure or land, except as hereinafter provided, as follows:
(1) 
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, repaired, moved or structurally altered, except in conformity with all the regulations herein specified for the district in which it is located.
(2) 
No building or other structure shall hereafter be erected or altered to exceed the height or bulk, to accommodate or house a greater number of families, or to occupy a greater percentage of lot area than that specified for the district in which it is located.
(3) 
No building or other structure shall have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required, or in any other manner contrary to the provisions of this ordinance.
(4) 
No part of a yard, other open space, off-street parking or loading space required about or in connection with any building for the purpose of complying with this structure shall be included as a part of a yard, open space, off-street parking, or loading space similarly required for any other building.
L. 
STRUCTURES TO HAVE ACCESS.
Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
M. 
VISIBILITY AT INTERSECTIONS.
On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to interfere with traffic visibility across the corner. This visibility area shall be a triangle measured twenty (20) feet from the point of right-of-way line intersection. All objects on the ground in said triangle should not exceed two and one-half (2-1/2) feet in height and vegetation should not droop to less than ten (10) feet from the ground.
N. 
FENCES, WALLS, AND HEDGES.
Except as provided by other sections of this chapter, a fence, wall, or hedge may be erected, placed, maintained, or grown along a lot line or residentially zoned property to a height not exceeding eight (8) feet above the ground level. The board of adjustment may grant a variance from this subsection after a public hearing if it is found that such action is within the general purpose and intent of this chapter.
O. 
HEIGHT AND AREA EXCEPTIONS.
The regulations contained herein relating to the height of buildings or structures and the size of yards and other open space shall be subject to the following exceptions:
(1) 
Churches, schools, and other public and quasi-public buildings may be erected to a height not exceeding sixty (60) feet or five (5) stories, provided the front, side and rear yards required in the district in which such a building or structure is to be located are each increased at least one (1) foot for each foot of additional height above the height otherwise established for the district in which such building or structure is to be located.
(2) 
Chimneys, cooling towers, church steeples or spires, tanks, water towers, television antennas, microwave radio relay or broadcasting towers, masts or aerials and necessary mechanical appurtenances are hereby excepted from the height regulations of this chapter.
(3) 
When a lot has an area less than the minimum number of square feet per family, as required for the district in which it is located, and was of record as such at the time of the passage of this ordinance, such lot may be occupied by one (1) family subject to the setback, rear yard, and side yard regulations for the district in which it is located.
P. 
HOME OCCUPATIONS.
The purpose of the home occupation provisions is to permit the conduct of home occupations which are compatible with the neighborhoods in which they are located. Home occupations are a permitted accessory use in all residential districts and are subject to the requirements of the district in which the use is located, in addition to the following:
(1) 
Only the members of the immediate family occupying the dwelling shall be engaged in the home occupation.
(2) 
The home occupation shall be conducted only within the enclosed area of the dwelling unit or the garage.
(3) 
No more than twenty-five percent (25%) of the area of one (1) story of the principal building shall be devoted to the home occupation.
(4) 
There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs which are intended to identify such home occupation as a notary public.
(5) 
No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.
(6) 
No use shall create smoke, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.
(7) 
The home occupation shall not create any increase in vehicular flow or parking by more than two (2) additional vehicles at a time and shall not create greater pedestrian traffic than normal for the district.
(8) 
No home occupation shall cause an increase in the use of any one (1) or more utilities beyond the average of the residences in the neighborhood.
(9) 
No advertising sign may be placed on the main building or property.
(10) 
Examples of home occupations: The following are examples of uses which can often be conducted within the limits of this section. Uses listed in this paragraph do not automatically qualify as a home occupation nor does this listing limit the uses which may qualify as home occupation: Handicraft, dressmaking, preserving, accountant, artist, author, consultant, individual tutoring, millinery, realtor, and notary public.
(11) 
Prohibited uses: The following uses have a tendency to violate the provisions for home occupations and thereby impair the character of residential areas. Therefore, the uses specified shall not be permitted as accessory uses in residential districts: Auto repair, painting of vehicles or boats, private school, photo studio, dance instruction, television repair, and child daycare center.
(12) 
Interpretation of home occupation: The building official shall interpret the provisions of this section to determine the validity of a home occupation. A use considered not within the scope of the home occupation provisions shall be subject to the provisions of the commercial zones of this chapter.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 13-0815A adopted 8/15/13)
After public hearing and proper notice and after recommendation by the Planning and Zoning Commission, the City Council may authorize the issuance of conditional use permits when the council finds all of the following conditions present:
(1) 
That the establishment, maintenance or operation of the conditional use will not be materially detrimental to or endanger the public health, safety, morals or general welfare;
(2) 
That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use;
(3) 
That the establishment of the conditional use will not significantly impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
(4) 
That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided;
(5) 
That adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets; and
(6) 
That the conditional use shall conform to all applicable yard area regulations of the district in which it is located.
Prior to the granting of any conditional use, the City Council may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to protect the public health, safety and general welfare of the community and to secure compliance with the standards and requirements specified in subsections (1) through (6) of Section 6. In all cases in which conditional uses are granted, the council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
No application for a conditional use which has been denied wholly or in part by the City the City Council [sic] shall be resubmitted for a period of sixty (60) days from the date of said denial.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 09-0903 adopted 9/3/09)
A. 
ANNEXED TERRITORY TO BE ZONED SF1.
All territory hereafter annexed to the City shall be temporarily classified as Single-Family (SF1) District until permanent zoning is established by the City Council, except as provided in Section 7.C below. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of the original zoning regulations.
B. 
REGULATIONS FOR TEMPORARY SF1 DISTRICTS.
In an area temporarily classified as SF1:
(1) 
No person shall erect, construct or add to any building or structure or cause same to be done in any newly annexed territory without first applying for and obtaining a building permit or certificate of occupancy from the building official or City Council as required herein.
(2) 
No permit for the construction of a building or use of land shall be issued other than a permit which will allow construction of a building permitted in SF1 district(s) unless and until such territory has been classified in a zoning district other than a Single-Family (SF1) District.
(3) 
An application for a permit for any use other than that specified above shall be made to the zoning administrative official and by him referred to the Planning and Zoning
Commission for consideration and recommendation to the City Council. The Planning and Zoning Commission in making its recommendation shall take into consideration the appropriate land use for the area and the overall plan for the City. The City Council, after receiving and reviewing the recommendations of the Planning and Zoning Commission, may by majority vote authorize the issuance of a building permit or certificate of occupancy, or may disapprove the application as their findings may indicate appropriate in the public interest.
C. 
CONCURRENT REZONING AND ANNEXATION.
Application(s) for permanent zoning of a newly annexed area may be considered by the City at the same time as the area is being considered for annexation, although annexation procedures must be completed prior to any final zoning actions by the City Council.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 13-0815A adopted 8/15/13)
It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the City. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made, as follows:
(1) 
The zoning administrative official shall refer the question of any new or unlisted use to the Planning and Zoning Commission requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, toxic material, and vibration likely to be generated, and the general requirements for public utilities such as water and sanitary sewer.
(2) 
The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and compatibility with the uses permitted in the various districts and after public hearing determine the zoning district or districts within which such use should be permitted.
(3) 
The Planning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use. The City Council may approve the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as is determined appropriate after giving consideration to the facts and recommendations.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 13-0815A adopted 8/15/13)
A. 
PURPOSE.
The SF1 District is established to allow for larger lots with one (1) family dwelling structure per lot. This district is intended to provide for residential lands to accommodate more rural settings and accessory yard uses. These lots should be generally located in groups, blocks, or areas where the accessory uses of the land do not either materially or in an obnoxious manner influence neighboring properties. The SF1 District is also a temporary classification for newly annexed land.
B. 
USES PERMITTED.
See section 20A.
C. 
CONDITIONAL USES.
See section 20A.
D. 
AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS.
The requirements regulating the minimum required floor area of a dwelling unit, lot size, minimum yard sizes (front, side and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 20, “Schedule of District Regulations” and other applicable provisions of Section 21, “Supplementary District Regulations.”
E. 
AUTOMOBILE PARKING SPACE REGULATIONS.
For automobile parking requirements, see Section 23.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 13-0815A adopted 8/15/13; Ordinance 2023-0216C adopted 2/16/2023)
A. 
PURPOSE.
This district is the predominant single-family housing district in the City. Unless otherwise specified or requested, all residentially suited areas presently undeveloped should be zoned in this district. Development in the SF2 District is limited primarily to single-family dwellings and certain community and recreational facilities to serve residents of the district.
B. 
USES PERMITTED.
See section 20A.
C. 
CONDITIONAL USES.
See section 20A.
D. 
AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS.
The requirements regulating the minimum required floor area of a dwelling unit, lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of coverage by buildings, as pertains to this district, shall conform with the provisions of Section 20, “Schedule of District Regulations” and other applicable provisions of Section 21, “Supplementary District Regulations.”
E. 
AUTOMOBILE PARKING SPACE REGULATIONS.
For parking space requirements, see Section 23.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 13-0815A adopted 8/15/13; Ordinance 2023-0216C adopted 2/16/2023)
A. 
PURPOSE.
The MF1 District is established to meet the needs for medium density residential areas where such development is in concert with area aesthetics, is environmentally sound, is compatible to the neighborhood, and promotes the character of the community.
B. 
USES PERMITTED.
See section 20A.
C. 
CONDITIONAL USES.
See section 20A.
D. 
AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS.
The requirements regulating the minimum required lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 20, “Schedule of District Regulations” and other applicable provisions of Section 21, “Supplementary District Regulations.”
E. 
AUTOMOBILE PARKING SPACE REGULATIONS.
For parking space regulations, see Section 23.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 13-0815A adopted 8/15/13; Ordinance 2023-0216C adopted 2/16/2023)
A. 
PURPOSE.
Office zoning is primarily intended as the appropriate designation for lands in close proximity to apartments and other residential uses and will be compatible with adjacent residential districts.
B. 
USES PERMITTED.
See section 20A.
C. 
CONDITIONAL USES.
See section 20A.
D. 
AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS.
The requirement regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of coverage by building, as pertains to this district, shall conform with the provisions of Section 20, “Schedule of District Regulations” and other applicable provisions of Section 21, “Supplementary District Regulations.”
E. 
AUTOMOBILE PARKING SPACE REGULATIONS.
For parking space regulations, see Section 23.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 13-0815A adopted 8/15/13; Ordinance 2023-0216C adopted 2/16/2023)
A. 
PURPOSE.
The C1 District is established to accommodate the shopping needs of residents in adjacent residential areas. This district is meant to be used in limited areas where retail or service establishments deal directly with customers. Businesses in the C1 District should be oriented to satisfying the daily and frequent shopping needs of the neighborhood consumer.
B. 
GENERALLY.
(1) 
Business uses above the ground floor are permitted on any floor above the ground floor except in those buildings where dwelling units are established.
(2) 
All business establishments shall be retail or service establishments which deal directly with the customers. All goods produced on the premises shall be sold to consumers only on the premises where produced.
(3) 
All business, servicing or processing, except for off-street parking, off-street loading, temporary display of merchandise such as garden, lawn, and recreational supplies and equipment for sale to the public, and automobile service station operation, shall be conducted within completely enclosed buildings.
(4) 
Business establishments are restricted to a maximum gross floor area of five thousand (5,000) square feet on the ground floor, exclusive of any floor area devoted to off-street parking or loading.
(5) 
Parking of trucks as an accessory use, when used in the conduct of a permitted business listed in this section, shall be limited to vehicles of not over one and one-half (1-1/2) ton capacity when located within one hundred fifty (150) feet of a residence district boundary line.
(6) 
An establishment that derives seventy-five (75) percent or more of the establishment’s gross revenue from the on-premises sale of alcoholic beverages shall be prohibited in the C1 Restricted Commercial District.
C. 
USES PERMITTED.
See section 20A.
D. 
CONDITIONAL USES.
See section 20A.
E. 
AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS.
The requirement regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 20, “Schedule of District Regulations” and other applicable provisions of Section 21, “Supplementary District Regulations.”
F. 
AUTOMOBILE PARKING SPACE REGULATIONS.
For parking space regulations, see Section 23.
G. 
SCREENING.
In the C1 District, wherever a C1 use abuts the SF1, SF2, and MF1, a wall or fence of not less than six (6) feet in height is required.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 13-0815A adopted 8/15/13; Ordinance 2023-0216C adopted 2/16/2023)
A. 
GENERAL PURPOSE AND DESCRIPTION.
The Highway Corridor (HC) District is intended to provide a regional destination for high quality retail, commercial and business opportunities, good jobs, and utilize the highest and best uses to enhance the taxable yield for the city and to support a Tax Increment Finance (TIF) District where applicable. The uses envisioned for the district will be compatible with the high visibility and high traffic conditions of the corridor with high quality architectural, streetscape and landscape aesthetics. Convenient access to major thoroughfares and collector streets, internal connectivity, as well as pedestrian-oriented circulation in building placement and parking lots utilizing sustainable form-based design elements are also primary considerations. The boundaries of the Highway Corridor (HC) District are indicated on the revised Future Land Use Map of the Comprehensive Plan. All zoning change requests as well as annexations requesting permanent zoning on properties located within the Highway Corridor (HC) District shall be rezoned in accordance with the Comprehensive Plan and Future Land Use Map.
B. 
PERMITTED USES.
(1) 
Those uses listed for the HC district in the "USE Tables" are all classified as "C" (Conditional Use Permit - CUP required) only and are authorized uses permitted by CUP on a case-by-case basis and are anticipated to be primarily located along the highway frontages, the width of the HC Overlay District varies and is specifically delineated on the Future Land Use Map (FLUM) as adopted or amended; those uses such as non-retail uses which are not dependent upon direct exposure to high visibility/high traffic for success shall not be located within the HC District Overlay boundary.
(2) 
Certain temporary uses indicated by a "T" may be approved on a case by case basis upon receipt of an approved Temporary Use Permit issued by the Director not to exceed six (6) months duration total.
(3) 
All other uses not specifically indicated by a 'C' in the USE TABLES are prohibited within the Highway Corridor (HC) District.
(4) 
Elements to be considered during the Conditional Use Permit (CUP) approval process are as follows (Note: these are general guidelines which the City Council has the authority to impose additional requirements as they deem necessary to ensure the highest quality development):
(a) 
Building placement and orientation.
(b) 
Facade articulation and/or materials utilized, including color schemes.
(c) 
Roof form.
(d) 
Parking lot placement.
(e) 
Visibility of utility/mechanical or accessory equipment including emergency backup generators, storage tanks, roof top A/C units, storage buildings, outside storage or stockpiles of materials or equipment, trash receptacles, detention/drainage facilities, etc.
(f) 
Lighting.
(g) 
Landscaping.
(h) 
Signage.
(i) 
Driveway placement.
C. 
HEIGHT REGULATIONS.
(1) 
Maximum Height:
(a) 
Ten (10) stories or one hundred twenty feet (120') for structures fronting on the highway right-of-way otherwise five (5) stories or sixty-five feet (65'). All structures must meet the minimum setbacks in regards to proximity to residential structures. Height may be further restricted by FAA guidelines.
(b) 
One (1) story for accessory buildings.
(c) 
Other applicable sections of the Zoning Ordinance and City Codes.
D. 
AREA REGULATIONS:
(1) 
Size of Lot:
(a) 
Minimum Lot Area - Ten thousand (10,000) square feet.
(b) 
Minimum Lot Width - One hundred feet (100').
(c) 
Minimum Lot Depth - One hundred feet (100').
(2) 
Yards, Setbacks and Build-to Lines:
(a) 
Primary Roads.
Primary roads are defined as either the major highway or those frontage or access roadways running parallel but divided from the major highway traffic lanes within the same right-of-way providing local but limited access to and from property adjacent to the highway.
(i) 
A minimum of twenty feet (20') immediately adjacent to the highway right-of-way line shall be a landscape buffer (see requirements below).
(ii) 
Sidewalks, monument or directional signs, lighting, public art or outdoor fixed furniture may be placed in the landscape buffer.
(b) 
Front Yard - Secondary Roads.
All yards adjacent to a secondary road (except primary highway roads see (see section 2(a)(i) above) shall be considered a front yard. For the purpose of this section a secondary road is defined as a thoroughfare having direct access to the major highway.
(i) 
A minimum of ten feet (10') immediately adjacent to the collector right-of-way line shall be a landscape buffer (see requirements below).
(ii) 
Sidewalks, monument or directional signs, lighting, public art or outdoor fixed furniture may be placed in the landscape buffer.
14Desirable Design.tif
Desirable Design Attribute - buildings are placed along a "build-to" line with landscape buffer which creates a consistent and strong street wall along the corridor.
(c) 
Front Yard - Tertiary Streets and Other Streets.
All yards adjacent to a tertiary street or other public streets (except as in 2(a)(i) or 2(b)(i) above) shall be considered a front yard. For the purpose of this section a tertiary street or other public street is defined as a thoroughfare not having direct access to the major highway but may have access to the frontage roads of the highway or secondary roads.
(i) 
A minimum of ten feet (10') immediately adjacent to the street right-of-way line shall be a landscape buffer (see requirements below). Buildings placed less than ten (10') feet from the right-of-way line are not required to have a landscape buffer.
(ii) 
Sidewalks, monument or directional signs, lighting, public art or outdoor fixed furniture may be placed in the landscape buffer.
(d) 
Minimum Side and Rear Yard (not adjacent to a street).
Ten feet (10') unless a fire lane is required then a side or rear yard capable of accommodating the minimum required width of a fire lane would apply. If property line is adjacent to residentially zoned property see setback requirement in Figure 1 below.
(e) 
Interior Side Yards.
When retail/commercial uses are platted adjacent to other retail/commercial uses and integrated into an overall town center/campus site (i.e., lots/lease spaces abutting one another), no side yard is required provided it complies with the City's adopted Building and Fire Codes.
(f) 
Minimum Side or Rear Yard Adjacent to a Residential District.
A ratio of 3: 1 or three (3') feet of setback for each one (1') foot of height of a commercial structure is required adjacent to any residentially zoned property line (see Figure 1).
Figure 1
Residential setbacks
14Figure1.tif
E. 
SPECIAL REQUIREMENTS.
(1) 
Maximum Lot Coverage.
Maximum ninety percent (90%) impervious coverage (including all buildings, parking areas, sidewalks, etc.)
(2) 
Driveway Spacing
(i.e., distance between driveways, measured edge-to-edge): subject to TxDOT standards and/or other city design standards.
(3) 
Sidewalks.
All sidewalks in nonresidential areas adjacent to streets, in parking lots, yards, or located within landscaped buffers or areas shall be a minimum of six feet (6') in width, sidewalks in nonresidential zones immediately adjacent to or abutting any building shall be a minimum of eight feet (8') in width, sidewalks located in residential developments of the Highway Corridor (HC) District shall be a minimum of five feet (5') in width.
(4) 
Temporary Outdoor Retail Sales.
Temporary outdoor retail sales, which involves the outside display of merchandise and seasonal items, shall be limited to the following:
(a) 
Shall not be placed/located closer than thirty feet (30') to any street right-of-way, or closer than fifteen feet (15') to any other property line.
(b) 
Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.
(c) 
Shall not extend into public right-of-way or onto adjacent property.
(d) 
All outside display items shall be removed at the end of business each day (except for large seasonal items such as Christmas trees when permitted by a Temporary Use Permit).
(5) 
Open Storage.
Open storage is prohibited within 250 feet of the highway right-of-way and where permitted shall not be located in any front or side yard adjacent to a public street and must be screened in accordance with the provisions of the Zoning Ordinance as adopted or amended (i.e., cannot be visible from any public street or adjacent property). However, a periodic temporary outdoor retail sale, which involves the outside display of seasonal items, is allowed during the appropriate time periods (see Subsection E(4) above).
(6) 
Other Regulations.
As established in the Development Standards of the Zoning Ordinance as adopted or amended.
(7) 
Parking Requirements.
In order to improve the appearance, convenience of parking lot circulation for both vehicles and pedestrians, parking areas shall be distributed around large buildings (greater than 20,000 square feet in size) in order to shorten the distance to other buildings and help mitigate heat islands (large areas of paved surfaces).
14Parkingrequirements.tif
(a) 
Quantity of spaces shall be in accordance with the Off-Street Parking and Loading Requirements.
(b) 
Loading areas should be to the side and rear of buildings; when visible from public roadways or residential properties such areas shall be screened by walls and/or evergreen vegetation. Loading areas shall comply with other applicable provisions of the Off-Street Parking and Loading Requirements.
(c) 
No more than two (2) rows of parking shall be located between any building and the right-of-way line of either a highway or primary roadway.
(d) 
No more than two (2) rows of parking shall be placed between the building and the abutting street on all secondary or tertiary roads and other local public streets for buildings under 20,000 square feet in size. Buildings over 20,000 square feet or if the parking requirement exceeds 100 spaces may have up to 50% of the required parking between the front of the building and the abutting secondary thoroughfare or tertiary (local) street.
(e) 
Rows of parking one hundred fifty (150') feet or longer shall have at least one "safe" pedestrian walkway between the rows of cars for every five traffic lanes meeting ADA requirements for width or pass-by areas and protected by curb stops or solid curbing (openings allowed for drainage) oriented in as much as possible toward major store anchors and/or principle pedestrian destinations.
14Buildingentrance.tif
(8) 
Landscape Requirements.
Due to the prominent visibility and higher traffic exposure of the Highway Corridor District it is intended that the aesthetics of this district be enhanced by high quality landscaping, architectural features and site design. Notwithstanding the landscape requirements of the Code of Ordinances the following requirements are in addition to those requirements and the minimums stated in this section will take precedence over those listed in the adopted Landscape Ordinance.
(a) 
A minimum of twenty feet (20') immediately adjacent to the highway right-of-way line or frontage road shall be a landscape buffer with one (1) large tree required for every thirty feet (30') of frontage. Trees may be clustered in groups or evenly spaced. See adopted Landscape Ordinance for definitions and other landscape requirements.
(b) 
In areas where the side or rear of a building faces the highway right-of-way, in addition to the trees a continuous row of screening shrubs or landscape berms shall be placed along the highway right-of-way or frontage road adjacent to the building in order to help screen long expanses of wall or service areas except in areas requiring visibility triangles. For the purpose of design articulation, the rows need not be in a straight line but may be meandered, staggered or combined with berms.
(c) 
All other street frontages shall have a ten-foot (10') wide landscape buffer adjacent to the right-of-way with the same tree requirement as listed above.
(d) 
Sidewalks, monument or directional signs, lighting, public art or outdoor fixed furniture may be placed in the landscape buffers.
(e) 
All site plans requiring more than twelve (12) parking spaces shall be landscaped as follows:
(i) 
All main entrances to parking areas from a thoroughfare shall have landscaped treatments using two (2) or more of the following:
Flowering shrubs or trees
Seasonal color beds
Rock, boulders, masonry pavers or other decorative materials
Decorative retaining walls or wrought iron fencing
Monument signs
Sculptural artwork
Fountains
(ii) 
All parking rows twelve (12) spaces or more shall have landscaped islands on the ends a minimum of ninety (90) square feet in size each.
(iii) 
All parking rows shall have landscaped islands at least every twelve (12) spaces equal to ninety (90) square feet in size. All islands within a parking lot shall have a minimum of one large shade tree. Dense foliage species such as live oak or ornamental pear varieties should be avoided to prevent nuisance bird roosts.
(iv) 
No parking space shall be located further than sixty feet (60') from a landscaped area.
(v) 
All parking lots shall have a minimum of a five-foot (5') wide landscape buffer on the perimeter of side or rear property lines not adjacent to a street.
F. 
SITE DESIGN.
(1) 
Building Placement.
Buildings should be aligned along a corridor to create a relatively consistent street wall. The application of a build-to line can assist in creating this effect. In order to achieve a consistent appearance along corridors, one or more of the following methods should be used.
(a) 
All buildings located adjacent to the primary highway frontage road or highway right-of-way shall be located a minimum of twenty feet (20') and a maximum of ninety feet (90') from the right-of-way boundary line regardless of whether the building faces the highway or not in order to accommodate parking and landscaping as required.
(b) 
All buildings located adjacent to a secondary roadway shall be located a minimum of ten feet (10') feet and a maximum of eighty feet (80') from the right-of-way boundary line regardless of whether the building faces the street or not in order to accommodate parking and landscaping as required. (Exception: when building size exceeds 20,000 square feet and 50% of parking is located in front of building according to requirements listed above.)
(c) 
All buildings under 20,000 square feet in size adjacent to a tertiary road or other local public street shall be located a minimum of zero (0) feet and a maximum of fifty-five feet (55') from the right-of-way boundary line regardless of whether the building faces the street or not.
(d) 
Where buildings are placed less than ten feet (10') from the right-of-way line on-street parking may be allowed if the street cross section design allows for such parking (parking spaces shall observe visibility and other traffic design requirements, i.e. distance from drives and intersections, etc.)
(e) 
Buildings over 20,000 sq. ft. in size adjacent to a secondary or tertiary road or other local public street may be located further than fifty-five feet (55') from the right-of-way line but no more than 50% of the required parking shall be located between the building and the street right-of-way.
(f) 
When single tracts or lots of land are developed with multiple buildings, the buildings should be oriented toward internal roadways to form block-like configurations with sufficient walkways to provide safe convenient pedestrian circulation throughout the development. Interconnectivity or cross access with adjacent areas where future development is likely to occur shall be maintained in as much as possible. If development constraints prevent internal circulation then building orientation shall be towards adjacent public roadways.
14MajorRoad.tif
Desirable Design Attribute - Multiple building shopping center configured to take advantage of double facades on the internal circulation routes as well as the on the adjacent public streets. This configuration shows a possible alternative when all of the buildings cannot be oriented toward the major roadway.
G. 
ARCHITECTURAL DESIGN.
The ratio of a building's height to its apparent width which is known as "scale" is a major factor in its overall character and aesthetic appeal. Buildings should respect the human scale and add visual interest to the streetscape. The following guidelines apply to all commercial buildings in the Highway Corridor District. Bulk and massing of buildings should be consistent with other developments in the corridor to maintain cohesion and visual appeal.
(1) 
Variation in Massing.
(a) 
Buildings should not have a large, dominant mass or overwhelm surrounding development and should, where possible, be configured in a manner harmonious with topography and vegetation. No large expanse of blank walls shall be allowed along front facades but shall incorporate variation through the use of recesses, projections, windows, columns, horizontal and vertical offsets, awnings, canopies, and similar features.
(b) 
A building's vertical and horizontal dimensions should be related to each other through the use of bays or articulation that separate the building planes into components with proportions that emphasize neither the vertical nor horizontal dimension beyond a 2:3 ratio. Buildings with larger footprints should have the facade subdivided into components to provide variation and a hierarchy of components.
(c) 
The figure below illustrates proportion through a series of facades with various proportions and articulation.
14Facades.tif
(d) 
The facade components may be defined through the use of details, fenestration (window placement), roof forms, building materials, awnings or overhangs, and other structures or landscaping elements.
14Designelements.tif
Design elements enhance pedestrian experience - Trees, Canopies, Furniture, Building Overhangs, etc.
(e) 
Structures should include both horizontal and vertical articulation to reduce the apparent bulk and mass of the building.
(f) 
Buildings should have a clearly defined base, middle and top.
(i) 
A recognizable base may consist of, but is not limited to: thicker walls, ledges, or sills; integrally textured materials such as stone or masonry; integrally colored and patterned materials such as smooth-finished stone or tiles; lighter- or darker-colored materials different from the body of the building; mullions; or panels. The use of bulkheads and water table trims are strongly encouraged.
(ii) 
A recognizable top may consist of, but is not limited to: dimensional cornice treatments other than just colored stripes or bands, variation in masonry pattern or material or differently colored materials; sloping roof with overhangs and brackets; stepped parapets; or aligned openings and articulations.
14Undesirabledesign.tif
Undesirable design attributes - very few vertical or horizontal articulations
14DDsame street.tif
Desirable design attributes - same street facade as above but vertical and horizontal articulations and other architectural details have been added for greatly enhanced aesthetic appeal and pedestrian friendliness
(2) 
Roof Form.
Roof forms contribute strongly to the overall scale and bulk of a building. Expansive and blank roof planes can increase the apparent bulk of a structure. To enhance the proportion and scale of nonresidential buildings, the following guidelines for roofs should apply.
(a) 
Pitched roof forms including gabled, shed, hipped, and compound or double-gabled forms are the preferred styles. However, all pitched roof forms should include eaves and overhangs finished with appropriate trim and accents to provide a dimensional and finished appearance.
(b) 
Mansard or French-style roofs are appropriate on taller buildings (over two-stories).
(c) 
The use of dormers to break up the roof plane is encouraged.
(d) 
Flat roofs may be appropriate on large footprint structures where full gabled roofs would be structurally impractical. However, the use of a flat roof on small footprint buildings is discouraged.
(e) 
Flat roofs should be enhanced with highly detailed parapets and/or cornices to add dimension to the upper portions of the building.
(f) 
While parapets may be the primary facade treatment for the screening of flat roofs, variation in the parapet heights or adjustment to the roof forms should be used on large buildings to assist in the articulation of the facade.
14Facade roof.tif
The facades shown in the image above represent alternative roof form treatments for large buildings to provide variation in the facade and reduce the visual impact of flat roofs.
(3) 
Overhangs, Canopies and Covered Walkways.
The economic vitality and general quality of life in an often-hot climate such as Texas often depends very heavily on providing comfortable pedestrian environments in and around retail, employment centers, restaurants and other high pedestrian traffic areas. Orienting or massing buildings to provide easy access and shorter walking distances to pedestrian destinations as covered previously help mitigate some of the heat island effects of large commercial developments then by adding landscaping and covered walkways the maximum mitigation of the effects of climate can be achieved which results in a vibrant, aesthetically pleasing and pedestrian friendly community. Long flat expanses of projecting upper facade normally seen in older strip shopping centers and single building developments where an excessive amount of signage is usually splashed across every available square foot is also to be strongly discouraged. The following guidelines shall apply to all properties within the Highway Corridor District.
(a) 
Upper portions of primary facades shall not overhang lower portions of the facades to provide covered walkways or shade windows unless the overhanging portion of the structure is supported by piers, pillars, or columns of sufficient width and depth to create the appearance of an arcade, colonnade, or other appropriately scaled architecturally integrated feature.
(b) 
Any portion of a pedestrian walkway immediately adjacent to the southern and western exposures of a building shall have a provision for shade in the form of overhangs, canopies, covered walkways or trees planted in sufficient quantities and locations as to provide adequate shade for pedestrian traffic. Other exposures should also provide for the comfort and appeal of pedestrian traffic in the form of architectural details such as overhangs, canopies, covered walkways or landscaping in order to present a consistent and balanced streetscape.
14Overhangs.tif
(c) 
Horizontal banding applied flat or projecting without supports from the upper portion of a facade to act as a cap to the wall or to provide a "marquee" area for signs or brand identification shall be prohibited.
(d) 
The projection or cantilevering of the whole upper portion of a primary facade can overshadow the articulation of the building's facade and create a top-heavy appearance and shall be prohibited.
14roofbillboard.tif
Undesirable design attributes - projecting flat upper facade with proliferation of unattractive signage and very obtrusive roof billboard
14colonadewalkway.tif
Desirable design attributes - vertical and horizontal facade articulation with covered colonnade walkway with unobtrusive attractive signage
(4) 
Awnings.
(a) 
Awnings shall not project more than six feet (6') from the facade of the building and shall not be counted towards the shade requirement listed in Subsection (3) above. Awnings should be made of durable non-glossy outdoor grade materials in a color that coordinates with the overall design of the building and is compatible with the base colors of the building. Fabric awnings which tend to fade or deteriorate are prohibited. Colors deemed to be inconsistent with these guidelines by the Director, including but not limited to those affiliated with trademarked or brand affiliated colors shall be required to submit color or material samples to the city for approval by the City Council.
(b) 
Awnings may contain logos or names in trademarked colors of the business to which they are attached if they are in compliance with the sign ordinance as adopted.
(c) 
Backlit awnings are prohibited.
(5) 
Freestanding Canopies.
Freestanding canopies such as those at convenience stores should not overshadow the architecture or scale of the associated buildings or adjacent development. The following standards are intended to promote consistent design of these canopies.
(a) 
Scale.
The height of a canopy should not exceed that of the primary structure.
(b) 
Roof Form.
Sloped roof forms such as gabled, gambrel, hipped, mansard or combinations of these types shall be used on all canopies.
(c) 
Materials.
Support columns or piers, roofing, and other exterior finishing materials and colors shall match those used on the primary structure and all elements of the canopy should be proportional to each other.
(6) 
Rooftop Screening.
Where a flat roof is appropriate, the roof surfaces and rooftop equipment shall not be visible from the highway corridor or other public rights-of-way or residential property and shall be appropriately screened by parapets or other architectural features.
(7) 
Sight Lines.
When planning the location of window openings and areas of outdoor activity in commercial or office developments, the privacy of surrounding residential uses should be respected and direct sight lines into residential areas from proposed nonresidential development should be limited. Likewise, sight lines from adjacent residential areas should be evaluated to minimize impact.
(8) 
Exterior Materials.
The following exterior facade standards are intended to promote consistent design and attractive architectural aesthetics within the Highway Corridor District.
(a) 
Permitted Materials.
All exterior facade materials shall be in accordance and approved by the International Building Code (IBC) as adopted or amended. Two or more different approved facade materials shall be utilized in the front facade.
(b) 
A kick plate, knee wall, or other bulkhead of a solid material shall be installed on all facades except the rear of the building where public traffic is not normally allowed or expected to use. If the rear of the building has a public entry or sidewalk then this section will apply.
(c) 
Visible roofing materials shall be appropriate for the architectural style of the structure. Dimensional asphalt shingles, slate, synthetic slate, decorative metal panels, and tile are permitted materials.
(d) 
Other materials not listed as prohibited in the section below may be considered on a case-by-case basis as a primary or accent building material.
(e) 
Prohibited Materials.
Exterior facade materials prohibited on facades visible from the public right-of-way are vinyl; aluminum or steel siding; corrugated steel; standard smooth concrete masonry units (cinder block); and highly reflective or mirrored materials like chrome.
(Ordinance 2023-0119D adopted 1/19/2023)
A. 
PURPOSE.
The C2 District is established to accommodate those uses that are of citywide and regional significance. Within this district are permitted retail, service, and office uses characteristic of retailing and wholesaling markets. This district is intended to accommodate commercial activities that cannot be accommodated in the C1 Restricted Commercial District.
B. 
GENERALLY.
(1) 
All business, servicing or processing, except for off-street parking, off-street loading and automobile service station operation, shall be conducted within completely enclosed buildings except as otherwise provided.
(2) 
No use hereunder shall be permitted if said use entails storage or display of items for sale not enclosed by a building except for incidental display of sale or seasonal retail items and such incidental display shall be permitted only if it occupies no more than five percent (5%) of the total lot area.
(3) 
Accessory off-street parking is required for C2 districts as provided in Section 23.
C. 
USES PERMITTED.
See section 20A.
D. 
CONDITIONAL USES.
See section 20A.
E. 
AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS.
The requirement regulating the minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 20, “Schedule of District Regulations” and other applicable provisions of Section 21, “Supplementary District Regulations.”
F. 
AUTOMOBILE PARKING SPACE REGULATIONS.
For parking space regulations, see Section 23.
G. 
SCREENING.
In the C1 District, whenever a C2 use abuts an SF1, SF2, and MF1 use, a wall or fence of not less than six (6) feet in height is required. Natural screening may be substituted for a wall or fence upon approval of the City Council. Walls must be of masonry construction. Fences must be solid and of metal or wooden material construction.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 13-0815A adopted 8/15/13; Ordinance 2020-0220A adopted 2/20/20; Ordinance 2023-0216C adopted 2/16/2023)
A. 
STATEMENT OF PURPOSE.
The I1 District is established to accommodate those uses which are of a nonnuisance type located in relative proximity to residential areas, and to preserve and protect lands designated on the comprehensive plan for industrial development and use from the intrusion of certain incompatible uses which might impede the development and use of lands for industrial purposes. Development in the I1 District is limited primarily to certain wholesale and jobbing commercial uses and certain industrial uses, such as the fabrication of materials, and specialized manufacturing and research institutions, all of a nonnuisance type. No use or types of uses specifically limited to the I1 [I2] District may be permitted in the I1 District.
B. 
GENERALLY.
Uses permitted in the I1 District are subject to the following conditions:
(1) 
All business, servicing or processing, except for off-street parking, off-street loading, display of merchandise for sale to the public, and establishments of the “drive-in” type, shall be conducted within completely enclosed buildings unless otherwise indicated in this section.
(2) 
All storage within one hundred (100) feet of a residence district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened with screening not less than six (6) feet nor more than eight (8) feet in height, provided no storage located within fifty (50) feet of such screening shall exceed the maximum height of such screening.
C. 
USES PERMITTED.
See section 20A.
D. 
CONDITIONAL USES.
See section 20A.
E. 
DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS.
The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 20, “Schedule of District Regulations” and other applicable provisions of Section 21, “Supplementary District Regulations.”
F. 
AUTOMOBILE PARKING SPACE REGULATIONS.
For parking space regulations, see Section 23.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 13-0815A adopted 8/15/13; Ordinance 2020-0220A adopted 2/20/20; Ordinance 2023-0216C adopted 2/16/2023)
A. 
STATEMENT OF PURPOSE.
The I2 District is established to accommodate most industrial uses and protect such areas from the intrusion of certain incompatible uses which might impede the development and use of lands for industrial purposes.
B. 
GENERALLY.
Uses permitted in the I2 District are subject to the following conditions:
(1) 
All business, servicing or processing, except for off-street parking, off-street loading, display for merchandise for sale to the public, and establishments of the “drive-in” type, shall be conducted within completely enclosed buildings unless otherwise indicated in this section.
(2) 
All storage within one hundred (100) feet of a residence district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened with screening not less than six (6) feet nor more than eight (8) feet in height, provided no storage located within fifty (50) feet of such screening shall exceed the maximum height of such screening.
C. 
USES PERMITTED.
See section 20A.
D. 
CONDITIONAL USES.
See section 20A.
E. 
DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS.
The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes (front, side, and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 20, “Schedule of District Regulations” and other applicable provisions of Section 21, “Supplementary District Regulations.”
F. 
AUTOMOBILE PARKING SPACE REGULATIONS.
For parking space regulations, see Section 23.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 2020-0220A adopted 2/20/20; Ordinance 2023-0216C adopted 2/16/2023)
A. 
PURPOSE AND SCOPE.
It is the purpose of the MH HUD-Code Manufactured Home Park District to provide areas for the location of HUD-Code Manufactured homes in an attractive, moderate density setting and ensure the presence of amenities required for satisfactory quality of life in areas designated for HUD-Code Manufactured Home use.
B. 
USES PERMITTED.
See section 20A.
C. 
CONDITIONAL USES.
See section 20A.
D. 
ACCESSORY USES.
All accessory uses permitted in the SF1 Single-Family District.
E. 
HEIGHT REGULATIONS.
No principal structure shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height and no accessory structure shall exceed one (1) story or twenty (20) feet in height.
F. 
PARK PLAN REQUIRED.
Application for the establishment of a HUD-Code Manufactured Home park shall be filed with the city planner and must be accompanied by a plat, drawn to scale and certified by a registered public surveyor, civil engineer, landscape architect or architect. Six (6) blue and black line copies of the plat shall be submitted to the city secretary at least fourteen (14) days prior to the Planning and Zoning Commission meeting at which the plat is to be considered.
The plat shall be drawn on a 24" x 36" sheet at a scale of 1" = 100' unless a larger scale is authorized by the city planner. A scale of 1" = 200' is the smallest scale to be permitted.
The city planner shall check the plat, and if he finds it to be in compliance with the requirements of this section, he shall forward such to the Planning and Zoning Commission. The city planner shall also advise the commission of the pending application. The Planning and Zoning Commission shall review the plat for the HUD-Code Manufactured Home park and submit a recommendation to the City Council. The plat shall contain the following information:
(1) 
Accurate dimensions of the proposed HUD-Code Manufactured Home park;
(2) 
All roads and approaches and the method of ingress and egress from public streets;
(3) 
Complete electric service installation, wire service outlets and lighting facilities all underground;
(4) 
Complete location of any natural gas facilities to serve the park;
(5) 
Complete layout of unit parking spaces and number of square feet therein, together with the dimensions;
(6) 
Location of electric power or gas distribution systems, water mains or wells for water supply outlets for domestic water users, location of sanitary facilities, washrooms, garbage disposal units, incinerators, sanitary sewers or septic tanks, sewer drain lines, leaching beds, fire protection stalls, and other buildings or structures contemplated to be used by such applicant in connection with the HUD-Code Manufactured Home park;
(7) 
Name and address of the owner, engineer, surveyor, or land planner;
(8) 
Proposed name of the park;
(9) 
A northpoint, scale of plat, and date of preparation;
(10) 
Contours at intervals of five (5) vertical feet; and
(11) 
Drainage plans for park.
G. 
ENLARGEMENT.
Any enlargement or extension of any existing HUD-Code Manufactured Home park shall require application for a building permit as if it were a new establishment.
Enlargement - Existing facilities to comply. No enlargement or extensions to any HUD-Code Manufactured Home park shall be permitted with all the requirements for new construction for such an establishment.
H. 
MINIMUM STANDARDS AND REQUIREMENTS.
HUD-Code Manufactured Home parks shall be designed and maintained in accordance with the following requirements:
(1) 
Park area.
The minimum mobile home park shall be ten (10) acres.
(2) 
HUD-Code Manufactured Home Lots - Minimum Requirements.
Area
4,000 sq. ft.
Width
40 ft.
Front Yard
20 ft.
Rear Yard
20 ft.
Side Yard
10 ft.
I. 
GENERAL REQUIREMENTS.
(1) 
Area Requirements.
HUD-Code Manufactured Home parks shall have a minimum land area of ten (10) acres.
(2) 
Parking.
All areas used for automobile access and parking shall comply with the applicable provisions of this ordinance, provided that there shall be at least two (2) off-street parking spaces for each HUD-Code Manufactured Home lot and one (1) additional space for each three (3) lots to accommodate guests.
(3) 
Entrance to HUD-Code Manufactured Home Parks.
No vehicular entrance to or exit from any HUD-Code Manufactured Home park, wherever such may be located, shall be within two hundred (200) feet along streets from any school, public playground, church, hospital, library, or institution for dependents or for children, except where such property is in another block or another street which the premises in question do not abut.
(4) 
Landscaping - Unused Areas.
All areas not used for access, parking, circulation, buildings, and service shall be completely and permanently landscaped and the entire site maintained in good condition. A landscaped strip of land not less than ten (10) feet in width shall be established and maintained within the HUD-Code Manufactured Home park along the exterior boundaries.
(5) 
Screening.
Screening shall be provided according to the following requirements:
(a) 
In the event that a HUD-Code Manufactured Home park backs or sides upon a residential, commercial or industrial district, a solid masonry screening fence not less than six (6) feet in height shall be erected and maintained along the property line dividing the two districts.
(b) 
A masonry screening fence shall consist of materials of equal composition and characteristics as the main buildings in the district.
(c) 
No such screening fence shall be so erected as to obstruct the vision of motorists at alley, street or drive intersections.
(6) 
Access.
Each HUD-Code Manufactured Home park shall abut a public street and each HUD-Code Manufactured Home lot shall have direct access to a private interior street.
(7) 
Interior Streets.
The minimum roadway width of interior streets will comply with the subdivision regulations and current development standards for the City. Such streets shall be paved according to the City specifications for residential streets and maintained in good condition and lighted at night.
(8) 
Distances Between Mobile Homes.
The minimum distance between HUD-Code Manufactured Home shall be not less than twenty (20) feet.
(9) 
Concrete Slab.
Each HUD-Code Manufactured Home lot shall be equipped with a concrete slab of sufficient size to support the wheels and front parking jack. Said slab shall have a minimum horizontal dimension of eight (8) by ten (10) feet and a minimum thickness of four (4) inches.
(10) 
Utilities.
Each HUD-Code Manufactured Home unit shall be equipped with one (1) electrical outlet. A municipal sanitary sewer and municipal water system shall be installed in accordance with city specifications to every lot. HUD-Code Manufactured Home units not equipped with water and sewer facilities shall be located no more than two hundred (200) feet from the community utility building which shall provide separate toilet and shower facilities for each sex. Fire hydrants shall be located in accordance with the specifications of the National Board of Fire Underwriters.
(11) 
Recreational Sites.
There shall be provided within each HUD-Code Manufactured Home park an adequate site or sites for recreation for the exclusive use of the park occupants. Such recreational site or sites shall have a minimum area of at least five percent (5%) of the gross land area of the HUD-Code Manufactured Home park.
(12) 
Length of Occupancy.
No HUD-Code Manufactured Home shall remain in a HUD-Code Manufactured Home park for a period exceeding ten (10) days without connection to the permanent sanitary sewer system of the park.
(13) 
Recreational Vehicles and Boat Storage.
A storage area must be provided within each HUD-Code Manufactured Home park for the parking and storage of boats and recreational vehicles. Said storage area shall be of sufficient size to accommodate all boats and recreational vehicles in the HUD-Code Manufactured Home park. Said storage area shall be screened with a six (6) foot solid fence of masonry or wood construction.
J. 
ADDITIONAL REQUIREMENTS.
In addition to the foregoing, the City Council may impose such other conditions, requirements, or limitations concerning the design, development, and operation of such HUD-Code Manufactured Home park as it may deem necessary for the protection of adjacent properties and public interest.
K. 
DEVELOPMENT FEES.
Each application for a mobile home park shall be accompanied by a check payable to the City or cash payment in the amount of two hundred dollars ($200.00) per park.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 93-0520 adopted 5/20/93; Ordinance 13-0815A adopted 8/15/13; Ordinance 13-1107C adopted 11/7/13; Ordinance 2023-0216C adopted 2/16/2023)
A. 
PURPOSE AND SCOPE.
The PD Planned Development District is designed to provide flexibility in development planning and the opportunity for the application of planning concepts. Planned development zoning shall require the submission and approval of a development site plan.
The City Council, after public hearing and proper notice to all parties affected and after recommendation from the Planning and Zoning Commission, may require the creation of Planned Development Districts when any of the following developments are being considered:
(1) 
Shopping center on tracts of three (3) acres or more;
(2) 
Residential development on tracts of five (5) acres or more;
(3) 
Industrial parks or districts on tracts of ten (10) acres or more;
(4) 
Medical center or hospital;
(5) 
Civic center and/or community center;
(6) 
Office, motel or hotel center on tracts of one (1) acre or more;
(7) 
Recreation center;
(8) 
Research park or scientific research center; and
(9) 
A combination of uses which are not customarily allowed in any one of the districts established in this ordinance.
B. 
APPLICATION PROCEDURES.
Application for a PD District shall be made in the same manner as an application for any amendment to the zoning ordinance and shall include the following additional information:
(1) 
Proposed Uses.
An application for a PD District shall specify and describe the category or type of use or the combination of uses proposed. Permitted uses under PD zoning shall be specified in each PD ordinance. If such ordinance specifies permitted uses by references to a zoning district, the permitted uses shall include those uses permitted in the reference district, including those permitted through the cumulative provision of the zoning ordinance.
(2) 
Development Requirements.
An application for a PD District shall include a list of development requirements, which may be incorporated into the PD ordinance. Development requirements may include, but not be limited to density, lot size, unit sizes, setbacks, building heights, lot coverage, parking ratios, screening and other requirements the council may deem appropriate.
Standards set forth in specific zoning districts will be used as guidelines for planned developments. Modifications of standards may be considered if the modification substantially meets the intent of the ordinance and improves the overall development design, or if a unique project design is proposed which cannot readily be accommodated through other districts. Pecuniary reasons shall not be the sole reason for modifying standards.
(3) 
Concept Plan.
An application for a PD District shall include a concept plan showing a preliminary layout of proposed uses, access, buildings, parking, open space, and the relationship to existing natural features and adjacent properties and uses.
The concept plan shall be construed as an illustration of the development concepts and not as an exact representation of all specific development details.
C. 
DEVELOPMENT SITE PLAN.
Approval of a development site plan shall be a prerequisite to the issuance of building permits for any property in a PD District. The approval of a development site plan may also serve a preliminary plat approval, provided that all requirements of the subdivision ordinance and its subsequent amendments are satisfied.
(1) 
Compliance with Approvals.
The development site plan must comply with all provisions of the PD ordinance specifying development standards and substantially reflect the precepts and layout set forth in the concept plan. If, in the judgment of the Planning and Zoning Commission, a development site plan does not comply with the provisions of the PD ordinance and the concept plan incorporated therein, the Planning and Zoning Commission may reject such plan, in which case a new site plan may be submitted or application must be made to amend the PD ordinance, including all requirements for notices and public hearings. If a PD ordinance does not specify development standards or has not incorporated a concept plan, the development plan approval shall specify such standards. Development requirements on such development plans may be revised under the same review, notice and approval procedures as applied to the original approval of the plan and application to amend the PD ordinance shall not be required.
(2) 
Review Process.
The development plan review process shall include review by the Planning and Zoning Commission, referral by the Planning and Zoning Commission to the City Council with a recommendation, and review and final approval of the development plan by the City Council.
(3) 
Courtesy Notice.
A courtesy notice, issued at least ten (10) days prior to official action by the Planning and Zoning Commission, shall be provided to all property owners within two hundred (200) feet of a proposed project for which a planned development site plan has been submitted.
(4) 
Modifications.
The Planning and Zoning Commission may recommend, and the council may require such minor modifications of a development site plan that will ensure the proposed project will be in harmony with the existing and anticipated development of surrounding areas, and be consistent with the zoning ordinance granting PD and with the concept plan.
(5) 
Requirements.
(a) 
General Information:
Twenty (20) copies of development site plan; vicinity map or adequate reference to intersecting streets to locate specific property; north arrow, date, scale (not less than 1" = 100').
(b) 
Site/Adjacent Property Information:
Site, indicating boundaries and project phase lines, if any; public or private rights-of-way and easements on site or abutting or intersecting the site; adjacent properties, with zoning and existing uses identified.
(c) 
Building Layout:
Existing and proposed structures, showing approximate outline of perimeter walls and including distances to property lines and other structures; front, side and rear building setback lines; proposed category of use or uses of structures; elevation views or renderings indicating architectural design, building materials proposed and window orientations (one copy required); number of stories, in height and feet; gross floor area; location of entrances and exits.
(d) 
Circulation and Parking:
Location, dimensions and proposed construction of all streets, private drives, alleys, parking areas and drive approaches; street drives and alleys which are adjacent to or dead-end into the site, including the location of existing and proposed median openings and left-turn lanes in boulevard streets; number of dimensions of parking spaces and width of drive approaches and aisles; sidewalks and other facilities for pedestrian circulation; location, width and curve radii for required fire lanes.
(e) 
Drainage/Utilities/Services:
Existing and proposed topography, reflecting proposed handling of on-site surface drainage; limits of the 100-year floodplain and floodway as shown on current FEMA mapping, including location and acreage; proposed improvements and method of maintenance for any drainage channels; existing and proposed water and sanitary sewer layout; existing and proposed fire hydrant locations; proposed locations for solid waste container pad.
(f) 
Screening/Open Space/Recreational Facilities:
Location, height and building materials for height, location and type of any proposed berms or living screens; location and size (if applicable) of proposed recreation facilities (swimming pools, tennis courts, etc.); location of open play areas and playgrounds with play equipment; landscape plan.
(g) 
Living Units:
Table showing type of units by size, number of bedrooms, and number of each type; floor plans for all units.
D. 
ADMINISTRATIVE ACTION.
Upon approval of a development site plan by the City Council and approval of the preliminary plat, application may be made for the permits and certificates necessary for construction. Subsequent to such approval, minor changes may be authorized by the Planning and Zoning Commission when such changes will not cause any of the following circumstances to occur:
(1) 
A change in the character of the development;
(2) 
An increase in the ratio of the gross floor area in structures to the area of any lot;
(3) 
An increase in the intensity of use;
(4) 
A reduction in the originally approved separations between buildings;
(5) 
An increase in the problems of circulation, safety, and utilities;
(6) 
An increase in the eternal effects on adjacent property;
(7) 
A reduction in the originally approved setbacks from property lines;
(8) 
An increase in groundcoverage by structures;
(9) 
A change of permitted uses.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 93-0520 adopted 5/20/93; Ordinance 13-0815A adopted 8/15/13; Ordinance 13-1107C adopted 11/7/13)
A. 
FLOODPLAIN PREFIX TO DISTRICT DESIGNATION.
The FP prefix designation constitutes a zoning overlay district, and the addition or removal of the FP prefix constitutes zoning action requiring due process provided under state law. Further public notice to all downstream property owners within the City with like FP zoning is required prior to any such zoning action.
To provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard and to promote the health, safety and general welfare of the community, portions of certain districts are designated with a floodplain prefix FP and shall be subject to the following provisions.
B. 
PERMITTED USES.
In this district no land shall be used except for one or more of the following permitted uses to the extent that they are not prohibited by other regulations or ordinances and provided that such uses do not require above-ground structures, filling or storage of material or equipment except as herein specifically authorized.
(1) 
Agricultural activities, including the ordinary cultivation of land or legal forms of animal husbandry.
(2) 
Electrical substation.
(3) 
All types of location utilities, including but not limited to water distribution and wastewater collection systems, water and wastewater treatment facilities and water quality/monitoring stations or other structures required to provide water and sewerage, telephone, gas and electrical services.
(4) 
Parks, community centers, playgrounds, public golf courses.
(5) 
Private commercial open area amusements such as golf courses, driving ranges, archery courses and similar uses when approved by conditional use zoning action.
(6) 
Facilities that would warrant no flood protection, such as accessory private open space in conjunction with commercial or residential development, community unit recreational areas or recreation developments.
(7) 
Parking areas associated with a part of contiguous land use.
No building or structure shall be erected in that portion of a district designated with a floodplain FP prefix other than those listed in this section.
There shall be no dumping, excavation, storage or filling operation within that portion of a district having a floodplain FP prefix designation except under conditions of this ordinance.
C. 
CONDITIONS FOR ADDING FP PREFIX DESIGNATION.
The City Council may, after public hearing, amend the zoning classification of any property by adding the floodplain FP prefix designation based on hydraulic engineering studies indicating new boundaries of the area that is subject to inundation by floodwaters. The City Council shall provide for the addition of such floodplain FP prefix designation to the zoning district maps.
D. 
CONDITIONS FOR REMOVAL OF FP PREFIX DESIGNATION.
The City Council, in considering and determining its decision relative to any application for the removal of the floodplain FP prefix designation, shall require the applicant to furnish to the administrator fill and development plans (hydraulic calculations concerning maximum high water and flow rates and their effect on abutting, lateral, and downstream properties) and data concerning the operation, location, function and characteristics of any use of land or building proposed. The application will not be scheduled for public hearing until the city engineer certified information furnished is adequate for review and comment as required in this section.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 93-0520 adopted 5/20/93; Ordinance 13-0815A adopted 8/15/13; Ordinance 13-1107C adopted 11/7/13)
 
SF1
SF2
MF1
O
C1
C2
I1
I2
MH
PD
Maximum height (feet)
35
35
35
35
45
50
50
50
35
40
Side Yard Width (feet)
15
8
10
10
B/E
B/E
B/E
B/E
C
D
Rear Yard (feet)
30
20
15
15
B/E
B/E
B/E
B/E
C
D
Front Yard (feet)
35
25
20
20
10/E
10/E
10/E
10/E
C
D
Lot Area (square feet)
10,000
7,500
A
A
B
B
B
B
C
D
Minimum Lot Width (feet)
85
60
70
B
B
B
B
B
C
D
Minimum Lot Depth (feet)
100
100
150
B
B
B
B
B
C
D
Maximum Lot Coverage (%)
35%
40%
50%
B
B
B
B
B
C
D
Minimum Floor of Dwelling Unit (square feet)
1,400
1,000
-
-
-
-
-
-
-
-
A
Total lot area shall not be less than 9,000 square feet for dwelling unit construction. For each dwelling unit over three (3) in number, no less than 1,200 square feet of additional lot area is required. A maximum of twelve (12) units may be constructed per acre.
B
None required except where a nonresidential use abuts a residential lot, in which case the requirement shall be the same as the adjoining residential zone and shall comply with visibility and parking requirements as provided within this ordinance.
C
See Section 17 for HUD-Code Manufactured Home District regulations.
D
See Section 18 for Planned Development District regulations.
E
For all uses permitted in this district, the minimum building setback adjacent to a controlled access freeway shall be forty (40) feet measured from the right-of-way line.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 93-0520 adopted 5/20/93; Ordinance 13-0815A adopted 8/15/13; Ordinance 13-1107C adopted 11/7/13)
A. 
USE TABLES.
The use of land and/or buildings shall be in accordance with those listed in the following Use Tables. No land or building shall hereafter be occupied or used and no building or structure shall be erected, altered, or converted other than for those uses specified in the zoning district in which it is located. See Definitions for further descriptions of uses. The legend for interpreting the permitted uses in the Use Tables (Section 20A.E(1)–(12) is:
P
Designates use permitted in the zoning district indicated.
Designates use prohibited (i.e., not allowed) in the zoning district indicated.
C
Designates a use which may only be permitted in the zoning district indicated with an approved Conditional Use Permit (CUP).
R
Restricted Use - Uses which require additional restrictions to prevent nuisances from occurring.
B. 
PROHIBITED USES.
If a use is not listed (or blank) in the Use Tables, it is not allowed in any zoning district (see Section 20A.D below).
C. 
USE TABLE ORGANIZATION.
The following use categories are listed in the Use Tables (Section 20A.E):
(1) 
Agricultural Uses.
(2) 
Residential Uses.
(3) 
Institutional Uses.
(4) 
Accessory Uses.
(5) 
Amusement and Recreational Uses.
(6) 
Personal Service Uses.
(7) 
Professional and Office Uses.
(8) 
Business Retail Uses.
(9) 
Automotive Uses.
(10) 
Governmental and Utility Uses.
(11) 
Commercial and Wholesale Uses.
(12) 
Light Industrial and Manufacturing Uses.
D. 
CLASSIFICATION OF NEW AND UNLISTED USES.
(1) 
It is recognized that new types of land use will develop, and forms of land use, not anticipated, may seek to locate in the City. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:
(a) 
The zoning administrative official shall refer the question of any new or unlisted use to the Planning and Zoning Commission, requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts, listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, toxic material and vibration likely to be generated, and the general requirements for public utilities, such as, water and sanitary sewer.
(b) 
The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts, and, after public hearing, determine the zoning district or districts within which such use should be permitted.
(c) 
The Planning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use. The City Council may approve the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use, as is determined appropriate after giving consideration to the facts and recommendations.
E. 
USE TABLES.
(1) 
Table 1 Agricultural Uses.
Residential Districts
Commercial and Special Districts
SF-1 as holding district
SF-1
SF-2
MF-1
O
C-1
C-2
HC
I-1
I-2
MH
Bulk Grain and/or Feed Storage
P
P
Farms, General (Crops)
P
P
Farms, General (I-1 vestock/Ranch)*
P
C
Feed Lots, Dairy Farms, Slaughter Pens, Swine Farms, Poultry Farms or other high concentrations of animals (48 hrs.)
Greenhouse (Non-Retail/Hobby)
P
P
P
Greenhouse (Commercial/Wholesale)
P
C
P
P
Hay, Grain, and/or Feed Sales (Wholesale)
P
C
P
P
Feed, Grain or Farm Supply Retail Store
P
P
P
P
Kennels (Indoors)
P
P
P
Kennels (Outdoors)
P
C
C
I-2 vestock Sales (wholesale) (< 48 hrs.)
C
C
Orchard/Crop Propagation
P
C
Plant Nursery (growing for commercial purposes)
P
C
P
P
Stables (as a business)
P
C
Stables (Private, Accessory Use)
P
Stables (Private, Principal Use)
P
Veterinarian (Indoor Kennels)
P
P
P
C
P
Veterinarian (Outdoor Kennels)
P
C
P
Notes:
* Tracts (over 5 acres) of unplatted and undeveloped land may be farmed until ready for permanent development provided large animals are located at least 150 feet from nearest house.
(2) 
Table 2 Residential Uses.
Residential Districts
Commercial and Special Districts
SF-1 as holding district
SF-1
SF-2
MF-1
O
C-1
C-2
HC
I-1
I-2
MH
Bed and Breakfast Inn
P
C
C
P
C
Boarding/Rooming House
P
Independent Living Facility for Elderly/Seniors
C
P
P
P
C
Live/Work Dwelling Units
P
P
C
Manufactured Home (HUD-code)
P
Mixed Use Residential (above first floor)
C
P
C
Mobile Home (built prior to June 15, 1976)
Multifamily Residential Attached
P
C
Multifamily Residential Detached
P
P
Single-Family Detached Dwelling
P
P
P
P
P
Single-Family Attached Dwelling (Townhouse)
P
C
2-Family Dwelling (Duplex)
P
C
3-Family Dwelling (Triplex)
P
C
4-Family Dwelling (Quadruplex)
P
C
Zero Lot Line Single-Family Dwelling (Patio Home)
P
Cluster Housing
P
C
(3) 
Table 3 Institutional Uses.
Residential Districts
Commercial and Special Districts
SF-1 as holding district
SF-1
SF-2
MF-1
O
C-1
C-2
HC
I-1
I-2
MH
Animal Cemetery
C
C
Art Gallery or Museum
P
P
P
C
P
Assisted Living Facility (7 or more Elderly/Senior or Disabled Persons)
P
P
P
Cemetery and/or Mausoleum
C
C
Church/Temple/Place of Worship
P
P
P
P
P
P
P
C
P
P
Civic/Fraternal Organization
C
P
P
P
C
C
Clinic (Minor Emergency)
P
P
P
C
P
College or University
C
P
P
C
P
Community Home (6 or Less Elderly/Senior or Disabled Persons Licensed by the State)
P
P
P
P
P
Day Care Center (Child Care for 7 or More Unrelated Children)
C
P
P
P
Family Home (Day Care for 6 or Less Unrelated Children)
P
P
P
C
P
Hospital (Acute care/Chronic Care)
P
P
C
P
Humane Society/Animal Pound
C
C
Library (Public)
P
P
P
P
P
P
P
C
P
P
Philanthropic, Charitable or Nonprofit Organization
P
P
P
P
P
P
P
C
P
P
Psychiatric, Alcoholic or Narcotic Treatment/Care Facility
C
Nursing/Convalescent Home or Hospice
P
P
P
Orphanage
C
C
C
Public Health Center
P
P
P
P
Rectory/Parsonage
P
P
P
P
P
P
P
P
P
Rehabilitation Care Facility (Halfway House)
C
Retirement Home/Home for the Aged
P
P
P
School, K through 12 (Private)
C
C
C
C
C
P
P
C
School, K through 12 (Public)
P
P
P
P
P
P
P
P
P
School, Vocational (Business/Commercial Trade)
C
P
C
P
(4) 
Table 4 Accessory Uses.
Residential Districts
Commercial and Special Districts
SF-1 as holding district
SF-1
SF-2
MF-1
O
C-1
C-2
HC
I-1
I-2
MH
Accessory Building/Structure (Residential)
P
P
P
P
P
Accessory Building/Structure (Commercial)
P
P
P
C
P
Accessory Dwelling (Garage Apartment)
P
Caretaker's/Guard's Residence
P
P
C
P
P
Cottage Food Business
P
P
P
P
P
Home Occupation
P
P
P
C
P
On-street Parking (subject to no parking Ordinances and/or street design standards)
P
P
Private Party (Wedding) Rental Facility
C
Portable Classroom Structures (Churches and Schools)
P
P
P
P
P
P
C
P
P
Outside Retail Display/Sales (No Overnight Display)
P
P
P
C
P
Temporary Uses - Requires Temporary Use Permit - see Chapter 4, Code of Ordinances
(5) 
Table 5 Amusement and Recreational Uses.
Residential Districts
Commercial and Special Districts
SF-1 as holding district
SF-1
SF-2
MF-1
O
C-1
C-2
HC
I-1
I-2
MH
Amusement Devices/Arcade (Four or More Devices, Indoors Only-Age Restricted Premises)
Amusement, Commercial (Indoors)
P
P
C
P
Amusement, Commercial (Outdoors)
C
P
P
Athletic Field or Stadium (Public)
P
P
P
P
P
P
P
P
Billiard/Pool Facility (Three or More Tables-Age Restricted Premises)
C
Dance Hall
C
Day Camp for Children
P
P
Dinner/Live Drama Theatre
C
P
P
C
P
Driving Range
C
C
P
Fair/Rodeo or Exhibition Hall or Arena
C
C
Golf Course or Country Club (Private)
C
C
C
C
C
Golf Course (Public)
P
P
P
P
P
Health Club (Physical Fitness; Indoors Only)
C
P
P
C
P
Motion Picture Theater (Indoors)
P
P
C
P
Motion Picture Theater (Outdoors)
Park and/or Playground (Private)
P
P
P
P
P
Park and/or Playground (Public/Municipal)
P
P
P
P
P
P
P
P
P
Private Club (Restaurant Alcohol Sales)
C
C
RV or Travel Trailer Park (Short-Term Stay)
C
C
RV or Travel Trailer Park (Long-Term Stay)
C
C
Swimming Pool (Private, Membership)
C
C
C
C
C
C
C
Swimming Pool (Public)
P
P
P
P
P
P
P
P
P
Tennis Court (Private/Lighted)
P
C
C
C
P
Tennis Court (Private/Not Lighted)
P
P
P
P
Video Rental/Sales (For All Audiences)
P
P
C
P
Zoo (Public or Private)
C
C
(6) 
Table 6 Personal Service Uses.
Residential Districts
Commercial and Special Districts
SF-1 as holding district
SF-1
SF-2
MF-1
O
C-1
C-2
HC
I-1
I-2
MH
Ambulance Service
C
P
C
P
Artist/Photography Studio
P
P
P
C
P
Automobile Driving School
P
P
P
Automatic Teller Machines (ATM's)
P
P
P
C
P
*Barber/Beauty Shop
P
P
C
P
Dance/Drama/Music Schools (Performing Arts Studio)
C
P
P
C
P
Electronic Sales/Service (Computers, Entertainment or Telephones)
P
P
C
P
Exterminator Service (No outdoor sales or storage)
P
P
Funeral Home
C
P
P
Hotel/Motel
C
P
C
P
Martial Arts School/Dance Studio
C
P
P
C
P
Laundromat (or Self-Service Washeteria)
C
P
P
Laundry/Dry Cleaning (Drop Off/Pick Up)
C
P
P
C
P
Limousine/Taxi Service
C
P
Locksmith
P
P
C
P
Mailing Service (Private)
P
P
P
P
*Massage Establishment (as defined within this Ordinance)
C
C
Mini-Warehouse/Self Storage
C
C
P
Personal Service Shops (Tailor, Shoe Repair, Seamstress, etc.)
P
P
C
P
Print Shop/Reprographics
P
P
C
P
Security Systems Installation and Monitoring Company
C
P
P
C
P
Sexually Oriented Business (Regulated by Additional City Codes)
C
*Spa or Salon - Health or Beauty (includes manicurist, nail salon, permanent makeup, etc.)
P
P
C
*Tattoo Studio or Body Piercing
C
C
Tool Rental (Indoor Storage only)
P
P
C
P
Tool Rental (with Outdoor Storage- No Heavy Equipment)
C
P
Notes:
*Requires valid State license
(7) 
Table 7 Office and Professional Uses.
Residential Districts
Commercial and Special Districts
SF-1 as holding district
SF-1
SF-2
MF-1
O
C-1
C-2
HC
I-1
I-2
MH
Depository Financial Institution (With Drive-Thru Service)
P
P
P
C
P
Depository Financial Institution (Without Drive-Thru Service)
P
P
P
C
P
Medical Office (Doctor, Dentist, Optician or Other Outpatient Only)
P
P
P
C
P
Medical Laboratory
C
C
C
C
P
Motion Picture Studio, Commercial Film
C
C
P
Non-depository Financial Establishment*
C
C
C
Office (Business or Professional)
P
P
P
C
P
Radio or Television Broadcasting Studio (With Tower)
C
C
Radio or Television Broadcasting Studio (Without Tower)
P
P
P
P
Telemarketing Agency
Notes:
* Non-Depository Financial Establishments (also known as Consumer Service Organizations licensed by the State) include Check Cashing Services, Payday or Car Title Loans, etc.
(8) 
Table 8 Retail Business Uses.
Residential Districts
Commercial and Special Districts
SF-1 as holding district
SF-1
SF-2
MF-1
O
C-1
C-2
HC
I-1
I-2
MH
Alcoholic Beverage Retail Store*
C
C
C
C
Alcoholic Beverage Sales - accessory use (beer and wine)*
C
C
C
Antique/Consignment Shop
P
P
C
P
Appliance (Minor) Sales, Rental, Repair
P
C
C
P
Appliance (Major) Sales, Rental, Repair
C
P
P
Bakery, Doughnut, Cake or Candy Shop (Retail)
P
P
P
C
P
Convenience Store - no Gasoline Sales
C
P
P
C
P
Convenience Store - with Gasoline Sales
P
P
C
P
Curbside Pickup, Drive-Thru, or Delivery
C
P
P
P
Garden Center/Nursery/Florist**
P
P
P
C
P
Gravestone/Tombstone Sales
C
P
General Merchandise (Dry Goods) - Stores Less Than 12,000 Sq.Ft.
C
P
P
C
P
General Merchandise (Dry Goods) - Stores 12,000 Sq.Ft. or Larger
C
P
C
P
Grocery/Food Store - Less Than 12,000 Sq.Ft.
C
P
P
C
P
Grocery/Food Store - 12,000 Sq.Ft. or Larger
P
P
C
P
Light Equipment Sales or Service
C
P
P
Market (Public, Flea, Produce, etc.) permanent
C
C
C
P
Outside Storage or Displays - as an accessory use to retail use
C
P
C
P
Pawn Shop
P
P
Pet Shop/Supplies/Grooming
P
P
P
Pharmacy
P
P
P
C
P
Recycling Kiosk
C
P
P
C
P
Restaurant - 0 to 50 seats for inside dining
C
P
P
C
P
Restaurant - more than 50 seats for inside dining
C
P
P
C
P
Second Hand Thrift Store or Used Merchandise (Inside Only)
C
P
C
P
Notes:
* Alcohol sales shall be in accordance with TABC Rules and other local ordinances as may be adopted or amended.
** Garden Use as primary use (does not include retail stores where a garden center is an accessory use).
(9) 
Table 9 Automotive Uses.
Residential Districts
Commercial and Special Districts
SF-1 as holding district
SF-1
SF-2
MF-1
O
C-1
C-2
HC
I-1
I-2
MH
Auto Auction/Storage
C
C
Auto Dealership (Used Auto Sales as Accessory Use Only)
P
C
P
Auto Dealership (Used Auto Sales)
C
P
Auto Muffler Shop (With Outside Storage)
C
P
Auto Paint and Body Shop (With Outside Storage)
C
P
Auto Parts and Accessories Sales (Indoors Only - No Repair Bays)
P
P
C
P
Auto Parts Sales/Repair (With Service Bays - No Outside Storage)
C
P
P
Auto Rental or Leasing
C
P
P
Auto Repair (Major)
C
P
Auto Repair (Minor)
C
P
P
Auto Wrecker Service (Limited to Ten Vehicles Stored Onsite)
C
Auto Wrecking/Salvage Yard
Boat (Marine) Dealership
P
P
Car Wash (Self Service; Automated)
P
P
C
P
Car Wash (Full Service; Detail Shop)
C
P
C
P
Gasoline Service Station
C
P
P
Motorcycle/All Terrain Dealership
C
P
C
P
Public Garage/Parking Structure
P
P
P
Quick Lube/Oil Change/Minor Inspection
C
P
C
P
Recreational Vehicle Dealership (RV's, Campers, Travel Trailers, etc.)
C
P
(10) 
Table 10 Government and Utility Uses.
Residential Districts
Commercial and Special Districts
SF-1 as holding district
SF-1
SF-2
MF-1
O
C-1
C-2
HC
I-1
I-2
MH
Antenna/Tower (Non-Commercial)
(See — Supplementary Regulations)
Antenna/Tower (Commercial)
(See — Supplementary Regulations)
Electrical Generating Plant
C
P
Electrical Substation
C
C
C
C
C
C
C
C
P
C
Electrical Transmission Line (Towers)
C
C
C
C
C
C
C
C
P
C
Fire Station
P
P
P
P
P
P
P
C
P
P
Franchised Private Utility (not listed)
P
P
P
P
P
P
P
C
P
P
Gas Transmission Line (Regulating Station)
C
C
C
C
C
C
C
C
C
C
Governmental Office Building (Municipal, County, State or Federal)
P
P
P
P
P
P
P
C
P
P
Governmental Service Facility or Use (Municipal, County, State or Federal)
P
P
P
P
C
P
On-site Septic System (Private)
C
C
C
C
C
C
Phone Exchange/Switching Station
C
C
C
C
C
C
Police Station
P
P
P
P
P
P
P
C
P
P
Post Office (Governmental - not leased)*
P
P
P
P
P
P
P
C
P
P
Propane Sales (Retail)
C
C
C
P
Radio/Television Tower (Commercial - Stand Alone)
(See — Supplementary Regulations)
Sewage Lift/Pumping Station
P
P
P
P
P
P
P
C
P
P
Transfer Station (Refuse/Pick-up)
C
Utility Distribution Line
P
P
P
P
P
P
P
C
P
P
Water/Wastewater Treatment Plant (Public)
P
P
Water Supply Facility (Public; includes Elevated Water Storage)
P
P
P
P
P
P
P
C
P
P
Water Supply Facility (Private) **
P
P
P
P
P
P
P
C
P
P
Wind Turbine (Electrical Generation)
C
C
Notes:
* Federal or State Facilities in a privately owned leased building shall only be located in non-residential districts.
** Private water systems including wells are regulated by State and Federal Laws.
(11) 
Table 11 Commercial and Wholesale Uses.
Residential Districts
Commercial and Special Districts
SF-1 as holding district
SF-1
SF-2
MF-1
O
C-1
C-2
HC
I-1
I-2
MH
Bakery or Confectionery (Commercial/Wholesale)
P
C
P
Book Bindery/Publishing/Newspaper
C
C
P
C
P
Cleaning Plant (Commercial/Wholesale)
C
P
Contractor's Office/Shop, (No Outside Storage Including equipment)
C
C
P
C
P
Contractor's Office/Shop (With Outside Storage)
C
P
Contractor Supply Warehouse (Wholesale - No Outside Storage)
C
P
C
P
Contractor Supply Warehouse (Wholesale - With Outside Storage)
C
P
Data Centers
C
Heating and Air-conditioning Sales/Services
C
P
C
P
Machine Shop
C
C
P
Manufactured Home Sales (New)
C
Manufactured Home Sales (Used)
Micro-Brewery (on-site mfg. and sales)*
C
C
C
Office Showroom Warehouse
C
P
C
P
Outside Storage of Equipment or Materials (More Than 24 Hours)
C
P
Petroleum Distribution/Storage/Wholesale Facility
Portable Building Sales
C
P
Research/Diagnostic Lab (Non-Hazardous)
C
C
P
Sign Shop (small scale, such as a storefront; includes sign and banner making for retail sale only)
C
P
P
C
P
Sign Manufacturing (large scale)
P
P
Taxidermist
P
P
Welding Shop
C
P
Wholesale Warehouse Distribution Center
P
C
P
Wrecker/Towing Service
Notes
* Alcohol sales shall be in accordance with TABC Rules and other local ordinances as may be adopted or amended.
(12) 
Table 12 Light Industrial and Manufacturing Uses.
Residential Districts
Commercial and Special Districts
SF-1 as holding district
SF-1
SF-2
MF-1
O
C-1
C-2
HC
I-1
I-2
MH
Airport, Heliport or Landing Field
C
Animal Rendering Plant (Slaughterhouse)
Assembly and Fabrication Processes (inside only)
P
C
P
Batch Plant - Asphalt/Concrete (Permanent)
Bottling Works (Including Brewery or Winery)
P
C
P
Bus Station or Terminal
C
C
P
Commercial Dairy Processing Plant
C
Data Centers
C
Engine Repair/Motor Manufacturing Re-Manufacturing and/or Repair
C
P
Food Processing (No Animal Slaughtering)
C
C
P
Heavy Industrial Processes (Smokestack)
Helistop or Helicopter Landing Pad
C
C
C
Industrial Processes (Wholly Enclosed Within a Building)
C
C
C
Industrial Processes (Not Wholly Enclosed Within a Building)
C
Laboratory Equipment Manufacturing
P
C
P
Maintenance and Service for Buildings
C
P
C
P
Manufacturing, General
C
C
P
Mineral Extraction (liquid natural gas and oil only - no open pit mines or fracking)
C
C
C
Motor Freight (Trucking) Company
C
Moving and Storage Company (With Outside Storage)
C
Paper Manufacturing, Converting or Finishing
C
C
Railroad Yard
P
Salvage, Reclamation or Recycling of Materials
Sand/Gravel/Stone Extraction
Sand/Gravel/Stone Sales or Storage
C
P
Stone/Clay/Glass Manufacturing
C
P
Truck/Heavy Equipment Sales, Service, Leasing or Rental
C
P
Truck Stop and Fueling Station
C
Vehicle/Trailer/Container Storage Yard
C
Wood or Steel Structural Fabrication
C
P
(Ordinance 2023-0216C adopted 2/16/2023; Ordinance 2024-0215B adopted 2/15/2024; Ordinance 2024-0215C adopted 2/15/2024)
A. 
SCREENING ELEMENTS AND FENCES.
In order to provide maximum safety to pedestrians and motorists at intersections and at ingress and egress points from public streets, highways, and alleys to private property, to conserve and protect aesthetic views and vistas, to secure hazardous areas from unauthorized entry, to contain livestock and other agricultural activities, and to screen and protect permitted outside materials storage areas, the following regulations are prescribed for the location, type, and height of regulated required and nonrequired screening elements and fences. The terms “screening element” and “fence,” as used herein, are defined in Section 4.
(1) 
Traffic Visibility at Intersections.
On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (2-1/2) feet and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines twenty (20) feet from the point of the intersection.
(2) 
Traffic Visibility at Interior Lots.
On an interior lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede the vision or in any way create a traffic hazard to motorists entering or exiting any public highway, street, alley, or private street or driveway from or to adjacent private property.
(2.1) 
Construction and maintenance standards for all types of fences - All Districts.
(a) 
A permit shall be required for all fences, screening walls, living screens and other types of screening devices. It shall be the property owner's responsibility to submit a dimensioned site plan drawing, elevation views, detailed product specifications, as such may be required by the City, along with a fence permit application that clearly shows proposed location(s) and the materials and colors to be used for the fence, wall or screening device.
(b) 
All fences and walls, regardless of location, shall be predominantly one color which is a hue of brown, grey, beige, dark green, brick/masonry red, white or black, as such color is natural and intrinsic to the material used, or shall be an earthtone color as such term is defined by this ordinance. A secondary, accent color, earthtone or not, may be used for the posts, post caps, cross-members, and decorative elements on a fence provided that such accent color does not exceed 20% of any publicly visible surface of the fence as measured in elevation views.
(c) 
In any zoning district, an electric fence may be located only within the side and rear yard, all electrified components must be located a minimum of 24" inside of another fence (which must be a minimum of 36" in height), the electric fence charging device must be approved by a nationally recognized testing laboratory, and the fence shall otherwise comply with all other applicable City codes.
(d) 
In any zoning district, an underground, wireless "virtual" fence may be used in a front, side or rear yard provided that no components are above ground, and provided that such wireless fence adequately contains any livestock or other animals on the premises.
(e) 
All fences and walls shall be maintained such that no portion is allowed to lean so that the fence's axis is more than 5° out of perpendicular alignment with its base, and such that no portion is detached at any point from its supporting posts or has missing, loose or broken posts, pickets, slats, panels, columns, bricks or other components.
(f) 
No signs, banners, symbols, writings, graffiti, messages, logos or other forms of communication shall be allowed on any fence or wall other than such as may be allowed in the City's Sign Ordinance [Article 3.04].
(g) 
No fence, wall or other screening device shall be allowed to encroach into any public right-of-way, any easement, or onto any other adjacent property.
(h) 
No fence, wall or other screening device shall be allowed to impede physical access to any type of utility meter (i.e., gas, electric, water, etc.) or a premises' U.S. Postal Service mail delivery point (i.e., mailbox, mail slot, etc.).
(i) 
Dual fences (i.e., paralleling fences or walls that are located closer than 3' to each other) are prohibited unless specifically authorized by a variance granted by the zoning board of adjustment.
(j) 
Wood fences shall be constructed of fencing-grade white wood or cedar pickets and minimum 4" by 4" pressure-treated posts (or galvanized metal posts) that are set at least 24" deep in concrete, at a maximum spacing of 8' on center. Landscape timbers shall not be used as fence posts. A minimum 2"x6" pressure-treated kick-board shall be provided along the bottom, with the pickets resting on top of it and not touching the ground. All pickets shall be secured to all runners with at least two galvanized ring-shank nails (or screws) per runner.
(k) 
Existing nonconforming fences - all districts:
(i) 
An existing fence that is located within any zoning district, as of the effective date of this Ordinance 14-0605, shall be allowed to remain (and be maintained) as it exists, provided it conforms with all standards in Subsections (e) through (i) above. Eventual replacement of existing fences shall be in accordance with all provisions of this Section 21, and with all other applicable provisions within the Zoning Ordinance and the City's Code of Ordinances.
(3) 
Residential Districts – General.
(a) 
Screening elements and fences shall be restricted to a maximum height of eight (8) feet, measured from the adjacent grade line, except as otherwise allowed.
(b) 
Nonresidential uses in a residential district shall be suitably screened from view, to a height not less than six (6) feet of any adjacent residential lot or dwelling use along the side and rear property lines of such nonresidential use. Said screening requirements shall not be mandatory for public schools, parks or churches, except where a parking lot of active outdoor intensive use area (such as a playground) is adjacent to a residential lot or dwelling. Parking lot screening need not be more than three and one-half (3-1/2) feet in height. Off-street loading areas of any nonresidential use shall be adequately screened from view of any residential dwelling or lot or of any other adjacent public or semi-public land use.
(c) 
Where a multifamily use abuts a one- or two-family district, the side and rear property lines of said multifamily district shall be suitably screened from view, to a height not less than six (6) feet, of any adjacent dissimilar residential dwelling or lot.
(d) 
Garbage, refuse, and trash collection/storage areas in any multifamily development or other nonresidential use permitted in a residential district shall be enclosed on at least three (3) sides by a dense screening element to adequately screen such area from view of the surrounding area.
(e) 
[Reserved]
(f) 
No screening element comprised of brick, masonry, concrete, or solid metal shall be erected or placed which would interfere with the installation or maintenance of any public utility line, service, or drainage-way, within the easements reserved therefor.
(4) 
Nonresidential Districts – General.
(a) 
Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be suitably screened by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use, to a height not less than six (6) feet.
(b) 
Where a district boundary separating a residential district from a nonresidential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use, or district shall be suitably screened to a height of not less than three and one-half (3-1/2) feet.
(c) 
Where garbage, refuse, and trash collection/storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in height.
(d) 
In all districts where open space is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in height.
(e) 
Off-street loading areas shall be adequately screened from view of any residential dwelling or any other adjacent residential land use.
(f) 
No screening element comprised of brick, masonry, concrete, or solid metal shall be erected or placed which would interfere with the installation or maintenance of any public utility line, service, or drainage-way, within the easements reserved therefor.
(g) 
All required screening elements shall be permanently and adequately maintained by the nonresidential property owner.
(4.1) 
Fences within front yards — all districts.
(a) 
No screening element or fence shall be erected, placed, or planted beyond the front building line of any permitted building in a residential or nonresidential district, either on a corner lot or interior lot, unless otherwise allowed by this Section 21.A(4.1), or as may otherwise be allowed as a zoning variance granted by the zoning board of adjustment.
(b) 
Front yard fences in residential districts (SF1, SF2 and MH):
1. 
Fences may be placed in the front yard building setback, provided that all of the following criteria are met:
a. 
Maximum height: 48" (measured at top of predominant fence element), plus up to an additional 4" for the posts only.
b. 
Maximum opacity: 50%.
c. 
Allowed materials:
(i) 
Ornamental metal (with a "wrought iron" look; posts set at least 18" deep in concrete at maximum spacing of 10' on center; no chicken-wire, hog-wire, livestock fence panels, etc.)
(ii) 
Chainlink (only allowed if galvanized metal posts are set at least 24" deep in concrete, posts are at maximum spacing of 8 feet on-center, and fence is finished with both a "top rail" and a "smooth wire" along the bottom edge).
(iii) 
Open wood pickets/lattice (natural or painted white, grey or brown).
(iv) 
Open pickets/lattice made of PVC or recycled material (only if it looks like wood or ornamental ironwork)
(v) 
Any of the above materials combined with masonry columns (maximum height of columns only: 52")
d. 
Allowed placement:
Along front property lines (or anywhere within the front building setback area), provided that fence does not encroach into any public right-of-way, any easement, or any other adjacent property.
2. 
For lots having two or more front yards (such as "key corner" lots, through lots, etc.), all of the above restrictions shall apply for all areas defined as front yards unless a variance is granted by the Board of Adjustment for a residential lot that backs directly onto a street (i.e., as in the case of a "through" lot).
3. 
For properties that are larger than five acres within the SF1 zoning district, the height of a front yard fence can be up to 5' if its purpose is to contain livestock. Such fences shall be constructed of materials that are appropriate for the containment of livestock. For properties that are larger than one acre and smaller than five acres, livestock containment fences up to 5' in height may be allowed if other residential properties within 100' along the same side street frontage have livestock fencing.
4. 
For properties that are larger than five acres within the SF1 zoning district, an electric fence that is intended to contain livestock may be incorporated into and attached to the fence supports/posts, and does not have to be placed at least 24" inside of the fence. All other regulations pertaining to electric fences shall apply.
(c) 
Front yard fences in nonresidential and multi-family districts (MF1, O, C1, C2, I1 and I2):
1. 
Fences may be placed in the front yard building setback for the following uses only:
a. 
Multi-family (apartment) complexes;
b. 
Townhome (single-family attached) complexes;
c. 
Self-storage (mini-warehouse) facilities;
d. 
Church and school play yards;
e. 
Athletic fields;
f. 
Day/child care centers;
g. 
Any type of local, state or federal governmental facility.
2. 
Fences placed within the front yard building setback for the above-listed uses shall conform with all of the following criteria:
a. 
Maximum height: 8' (measured at topmost fence element), plus up to an additional 4" for the posts only; 10' maximum height is allowed in the I1 and I2 zoning districts only within side and rear yards (not within the front yard building setback).
b. 
Maximum opacity: 50%.
c. 
Allowed materials:
(i) 
Ornamental metal (with a "wrought iron" look; posts set at least 24" deep in concrete at maximum spacing of 10' on center; no chicken-wire, hog-wire, livestock fence panels, etc.)
(ii) 
Chainlink fencing (only allowed if vinyl-coated, galvanized metal posts are set at least 30" deep in concrete, posts are at maximum spacing of 10 feet on-center, and fence is finished with both a "top rail" and a "smooth wire" along the bottom edge); in the I1 and I2 zoning districts only, no vinyl-coating shall be required, and chainlink fencing shall only be allowed within side and rear yards (not within the front yard building setback)
(iii) 
Open wood pickets/lattice (natural or painted white, grey or brown)
(iv) 
Open pickets/lattice made of PVC or recycled material (only if it looks like wood or ornamental ironwork)
(v) 
Any of the above materials combined with masonry columns (maximum height of columns only: 8'6", or 10'6" in the I1 and I2 zoning districts only within side and rear yards, not within the front yard building setback)
d. 
Allowed placement for the uses specified in subsection c.1 above: along front property lines (or anywhere within the front building setback area), provided that fence does not encroach into any public right-of-way, any easement, or any other adjacent property.
(5) 
Barbed Wire Fences.
(a) 
Barbed wire fences used in conjunction with bona fide, permitted agricultural activities in any district are permitted on properties that are five acres and larger, but are expressly prohibited unless otherwise provided in this ordinance or as specifically provided below.
(b) 
Barbed wire strands may be placed on top of permitted fences and screening elements in any district for the purpose of security from theft, entry, and hazard around public utility substations and uses of a similar nature, provided the top strand is not higher than eight (8) feet nor the bottom strand lower than six (6) feet from the adjacent grade line.
(6) 
Landscaping Requirements in C1, C2, I1, and I2 Districts.
(a) 
The landscape setback (see Section 4) shall not be covered with any impervious surface or permeable pavers except private sidewalks connecting with public sidewalks and driveways.
(b) 
All required setbacks, except that area actually occupied by permitted encroachments and all other open spaces on the site shall be landscaped and irrigated.
(c) 
One street tree (see Section 4) with a minimum four (4) inch caliper trunk, shall be provided in the landscape setback for each thirty (30) linear feet of frontage on controlled access freeways, arterials or major collector streets.
(d) 
One street tree, with a minimum three (3) inch caliper trunk, shall be provided in the landscape setback for each fifty (50) linear feet of frontage on all other public streets.
(e) 
When on-site parking facilities exceed one tier in depth (stall-drive-stall), landscaping or parking lots shall be required at a ratio of one hundred sixty-two (162) square feet per twenty (20) parking spaces. This area shall be distributed throughout, and generally interior to the parking facility or clustered in medians and entranceways to maximize the impact of the landscaping.
(f) 
The property owner shall be responsible for the regular weeding, mowing, irrigation, fertilizing, pruning, replacement, and other maintenance of all plantings to ensure that landscaping is maintained in a healthy growing condition.
(g) 
In lieu of the requirements set forth in Section 21(6), a substitute landscaping plan may be submitted to the Planning and Zoning Commission for their approval. In approving such a plan, the Commission shall find that such a plan is as good or better than a plan in strict compliance.
(7) 
The City Council of the City of Wilmer wants to allow construction of front-yard fences, following setback and code requirements to include that these fences cannot obstruct the visibility of any traffic, cannot be more than four (4) feet in height, [and] provides access to meter reading. The fence cannot extend beyond the building line, and four (4) feet from any other structure as specified by code. The fence must be cyclone to provide visibility.
B. 
ACCESSORY BUILDINGS.
The following regulations shall govern the location, site, and use of any accessory building.
(1) 
No accessory building shall be erected in any required yard area as stipulated in this ordinance, except as allowed in the following paragraphs.
(2) 
No accessory building shall be erected within ten (10) feet of any other building, except detached residential garages may be located within five (5) feet of the main dwelling and except as the provisions of paragraph (5) below are met.
(3) 
No detached residential garage or carport shall be erected or placed closer to any street or alley right-of-way line than the minimum yard requirements (building setback line) governing the district in which such garage or carport is located.
(4) 
No detached residential garage or carport shall be erected or placed within eight (8) feet from any side lot line.
(5) 
Residential accessory buildings and sheds housing domestic lawn and garden equipment and all other household effects may be detached or attached to the main building, but shall not encroach in any required front yard and may not occupy more than thirty percent (30%) of the rear yard.
(6) 
No accessory building shall be used for dwelling purposes other than by domestic servants employed on the premises, as provided in the applicable zoning district.
(7) 
No accessory building shall be higher than the main building and in no case be in excess of eighteen (18) feet in height.
(8) 
No accessory building shall be erected or placed within five (5) feet of any side or rear lot line and shall not encroach upon any easement.
C. 
FRONT YARD ADJUSTMENTS.
Front yard requirements as established in Section 22 [Section 20], “Schedule of District Regulations,” may be adjusted where forty percent (40%) or more of the frontage on the same side of a street between two (2) intersecting streets is presently developed or may hereafter be developed with buildings that have (with a variation of ten (10) feet or less) a front yard greater or lesser in depth than herein required; new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.
D. 
PROJECTIONS OF BUILDINGS, STRUCTURES, AND APPURTENANCES INTO REQUIRED YARDS.
(1) 
Open or lattice enclosed fire escapes may project into a required yard not to exceed five (5) feet. The ordinary projections of chimneys’ pilasters shall be permitted by the city’s building official when placed so as not to obstruct light and ventilation.
(2) 
Terraces, balconies, decks, uncovered porches and ornamental features which do not extend more than four (4) feet from the side wall line and being at least seven (7) feet above the floor level of the ground (first) story, may project into a required side yard, provided these projections be a distance at least four (4) feet from any adjacent side lot line. Such features may not project onto a required front or rear yard more than eight (8) feet from the front or rear wall line.
(3) 
An unenclosed porch containing not more than forty (40) square feet may project into a required front yard for a distance not to exceed five (5) feet.
(4) 
A carport or canopy may project into a required side yard, provided every part of such carport or canopy is unenclosed except for necessary structural supports, and not less than five (5) feet from any side lot line.
(5) 
Every part of a required yard shall be open to the sky, unobstructed by a building, except for the ordinary projections of sills, belt courses, cornices, and ornamental features not exceeding twelve (12) inches, or as otherwise excepted in paragraphs (1) through (4) above.
E. 
PARKING, STORAGE OR USE OF MAJOR RECREATIONAL EQUIPMENT AND VEHICLES.
No major recreational equipment shall be parked or stored on any lot in a residential district except in a carport or enclosed building, on a driveway, or in a required side or rear yard except that such equipment may be parked anywhere on a residential premises not to exceed twenty-four (24) hours during loading or unloading.
No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, except for the temporary housing of guests not to exceed two (2) consecutive weeks.
For the purposes of these regulations, major residential equipment is defined as including boats and boat trailers, travel trailers, pickup campers, or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting residential equipment, whether occupied by such equipment or not.
F. 
SPECIAL STANDARDS FOR AUTOMOTIVE-RELATED USES.
The following special standards shall apply to all automotive-related uses in all zoning districts where they are allowed by right and where they may be allowed by Conditional Use Permit (CUP):
(1) 
Landscaped buffer with trees along all street frontages: minimum five-foot (5') wide buffer strip, exclusive of street rights-of-way, with trees (as defined as “Replacement Trees” in Section 18.02 [section 1.07.002 of the Code of Ordinances], and as “Large Trees” in Exhibit “B,” of Ordinance No. 10-0401 [Article 1.07, Exhibit B of the Code of Ordinances]) at minimum twenty-five-foot (25') centers, with a minimum twenty-four-inch (24") height evergreen landscaped hedge, and with a decorative metal fence (“wrought iron” look, maximum height 36", at least 75% open visibility) and sliding gates at entries (no chain link, no “pipe” gates);
(2) 
Condition of vehicles offered for sale: all vehicles in “like new” condition with no visible body damage;
(3) 
Sales stickers/markings: only pricing sticker allowed in rear side window, no painting, marking or drawings on other windows or windshields;
(4) 
Parking lot design: normal parking lot design with 9'x20' parking stalls, 24' wide drive aisles/fire lanes, etc. (no “tandem” or stacked parking of vehicles);
(5) 
Shelter tents: only allowed behind front building setback line, and if designed to withstand minimum 100 mph wind loads; and
(6) 
Sales operations: all sales operations to be conducted within a permanent building constructed of masonry materials (including stucco and highly articulated “split-face” decorative concrete masonry units), or within an existing structure on the property if such structure is in compliance with current City codes that are applicable to a nonresidential use.
G. 
ADDITIONAL SPECIAL STANDARDS FOR AUTOMOTIVE-RELATED USES IN THE C1 (RESTRICTED COMMERCIAL) DISTRICT ONLY.
The following additional special standards shall also apply to all automotive-related uses in the C1 (Restricted Commercial) zoning district, if allowed in the C1 district by right or if allowed by Conditional Use Permit (CUP):
(1) 
Maximum lot size: one acre (i.e., 43,560 square feet); and
(2) 
Minimum Separation: at least one thousand feet (1,000') shall separate all automotive-related uses, as measured by the shortest distance between the property lines of each use.
H. 
SPECIAL STANDARDS FOR SECURITY HARDWARE (BURGLAR BARS) ON BUILDINGS.
The following special standards shall apply to all installations of burglar bars/devices on any building (regardless of zoning district):
(1) 
Installation of security hardware (i.e., burglar bars/devices) shall be in compliance with all applicable building and fire codes;
(2) 
Installation of burglar bars/devices shall only be allowed upon issuance of a permit, and payment of a permit processing fee (as set forth in the City’s Fee Schedule), prior to such installation;
(3) 
Burglar bars/devices shall only be installed by a professional company who specializes in such work, who is properly registered in the State of Texas as a bona fide security hardware installation business entity, and who is properly registered as a contractor with the City prior to commencement of any work;
(4) 
Burglar bars/devices may only be closed and secured during non-operating hours; and
(5) 
Burglar bars/devices shall be of a medium-hued, earth tone color such as bronze, tan or gray, and shall not be black, white or bright colors;
(6) 
In the C-1 and C-2 zoning districts only: Burglar bars/devices shall be interior-mounted (i.e., not mounted on surfaces exterior to the building), and shall be of scissor-style or other concealable design such that they are completely opened and folded away (or rolled up) into concealing alcoves or “wall pockets” and not visible to the public outside the building, and are not visually noticeable to customers inside the building, during business hours;
(7) 
In the C-1 and C-2 zoning districts only: In lieu of interior installation design, alternative new technology “invisible” security devices may be approved for exterior installation if such devices are shown to be non-intrusive visually to a person of normal vision from any property line or public street right-of-way line; alternative designs that are not approved by City staff as meeting the spirit and intent of subsections 6 and 7 above may be submitted for consideration to the Board of Adjustment following the City’s procedures for consideration of an appeal (Section 25 in the Zoning Ordinance).
I. 
Special Standards for Truck-Related Uses -
The following special standards shall apply to all truck-related uses in all zoning districts where they are allowed by right and where they may be allowed by Conditional Use Permit (CUP):
(1) 
Truck-related uses (premises, operations, etc.) shall not be located within 500' of the IH-45 right-of-way unless otherwise approved by Conditional Use Permit.
(2) 
Truck/bus repair operations and truck/bus storage shall be fully screened from view of all adjacent public streets and highways. Fencing, including fencing within front yards, shall be in accordance with the Zoning Ordinance and with any other applicable City code. Gated entrances shall be set back from street rights-of-way at least one hundred feet, and vehicles waiting to enter shall not be allowed to queue or stand on the street or on a highway service road.
(3) 
Truck-related uses shall provide the required landscaped setback/buffer along all adjacent street frontages, with the following additional requirements: additional ornamental trees at a rate of three per 50 feet of street frontage, with a minimum three-foot tall evergreen landscaped hedge along the full frontage(s); perimeter/security fencing (if provided) within 50 feet of any street right-of-way shall be decorative metal ("wrought iron" look, maximum height 8', at least 75% open visibility) and sliding gates at entries (no chainlink, no "pipe" style gates);
(4) 
Condition of any vehicles offered for sale or rental: all vehicles in "like new" condition with no visible body damage.
(5) 
Sales stickers/markings on any motorized vehicles offered for sale or rental: only pricing sticker allowed in a window, no painting, marking or drawings on other windows or windshields (one pricing sticker only may be applied to the body of a trailer, and such sticker shall be no larger than four square feet in size); no flags, pennants, buntings, banners or other types of signage shall be affixed to any type of vehicle or trailer that is offered for sale or rental.
(6) 
Parking lot design: normal parking lot design that is paved with an all-weather surface (concrete or asphalt, not gravel or other pervious material) with appropriately sized parking stalls (per the types of vehicles to be on the premises), 24' wide drive aisles/fire lanes, etc. (no "tandem" or stacked parking of vehicles);
(7) 
Shelter tents: only allowed behind front building setback line, and if designed to withstand minimum 100 mph wind loads;
(8) 
Business operations: all sales, rental/leasing and vehicle repair operations to be conducted within a permanent building constructed of masonry materials (including stucco and highly articulated "split-face" decorative concrete masonry units), or within an existing structure on the property if such structure is in compliance with current City codes that are applicable to a nonresidential use; and
(9) 
Truck/bus washes and repair areas: all washing, repair and parking areas shall be on concrete or asphalt paved surfaces (i.e., not gravel or other pervious material) that drains directly into an underground storm sewer system or into an approved stormwater detention/retention basin. The City may require additional stormwater pre-treatment BMPs (i.e., nonpoint source pollution protection measures) such as filtration strips or other devices to help prevent the discharge of oils, soaps and other pollutants into the regional stormwater system.
(10) 
Travel Centers:
(a) 
A travel center may provide limited/minor on-site truck repair and maintenance services (such as an automated truck wash bay, a minor repair bay, etc.), truck scales and limited on-site personal hygiene facilities.
(b) 
Establishment may also sell groceries, tobacco products, sundries/toiletries, household and other nonfood items, newspapers and magazines, candy and snacks, convenience food items, for off-site use and consumption.
(c) 
Establishment may include an on-site restaurant (dine-in) and/or drive-through restaurant.
(d) 
A travel center may not provide on-site overnight lodging facilities (e.g., motel rooms) other than parking spaces for truck crews who wish to sleep within their own vehicles.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 93-0520 adopted 5/20/93; Ordinance 13-0815A adopted 8/15/13; Ordinance 13-1107C adopted 11/7/13; Ordinance 14-0605 adopted 6/5/2014; Ordinance 15-1119A adopted 11/19/2015)
A. 
BUILDING PERMITS REQUIRED.
No building or other structure shall be erected, moved, added to, enclosed, or structurally altered without a permit therefor where applicable, and issued by the administrative official. No building permit shall be issued by the administrative official except in conformity with the provisions of this ordinance unless he receives a written order from the zoning board of adjustment in the form of an administrative review, special exception, or variance as provided by this ordinance.
B. 
APPLICATION FOR BUILDING PERMIT.
All applications for building permits shall be accompanied by plans in triplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed building or alteration, existing or proposed uses of the building and land, the number of families, housekeeping units, or rental units the building is designed to accommodate, conditions existing on the lot, and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this ordinance.
One (1) copy of the plans shall be returned to the applicant by the administrative official, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original and one (1) copy of the plans, similarly marked, shall be retained by the administrative official.
C. 
EXPIRATION OF BUILDING PERMIT.
If the work described in any building permit has not begun within six (6) calendar months from the date of issuance thereof, said permit shall expire; it shall be canceled by the administrative official; and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.
D. 
CERTIFICATE OF OCCUPANCY REQUIRED FOR NEW OR ALTERED BUILDINGS OR CHANGES IN USE OF NONCONFORMING USES.
It shall be unlawful to use or occupy or permit the uses or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the administrative official stating that the proposed use of the principal building or land conforms to the requirements of this ordinance.
(1) 
No nonconforming building or use shall be maintained, renewed, changed, or extended until a certificate of occupancy shall have been issued by the administrative official. The certificate of occupancy shall state specifically wherein the nonconforming use differs from the provisions of this ordinance, provided that upon enactment or amendment of this ordinance, owners or occupants of nonconforming uses or buildings shall have three (3) months to apply for certificates of occupancy. Failure to make such application within three (3) months shall be presumptive evidence that the property was in a nonconforming use at the time of enactment of this ordinance.
(2) 
No permit for erection, alteration, moving, or structural repair of any building shall be issued until an application has been made for a certificate of occupancy, and the certificate shall be issued in conformity with the provisions of this ordinance upon completion of the work.
(3) 
A temporary certificate of occupancy may be issued by the administrative official for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion, provided that said temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.
(4) 
The administrative official shall maintain a public record of all certificates of occupancy.
(5) 
Failure to obtain a certificate of occupancy shall be a violation of this ordinance and punishable under Section 3 of this ordinance.
E. 
CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS, AND CERTIFICATES OF OCCUPANCY.
Building permits or certificates of occupancy issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement, or construction set forth in such approved plans and applications and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this ordinance, punishable as provided by Section 3.B hereof.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 17-0504B adopted 5/4/17)
A. 
AUTOMOBILE PARKING SPACE REGULATIONS.
Whenever any ordinance, regulation, or plan enacted or adopted by the City Council is for the purpose of providing off-street automobile parking spaces or of establishing requirements that such spaces be provided within any section or sections of the city, then such plan or requirements shall govern within such sections. Otherwise off-street automobile parking spaces shall be provided as follows, applicable to buildings hereafter erected and uses hereafter established, to such nonconforming uses as may be required to conform to the regulations hereof, and to extensions and enlargements of buildings and uses.
(1) 
Except as otherwise provided in this section, off-street parking spaces shall be provided, as follows:
USE OF BUILDING OR SITE
MINIMUM NUMBER OF PARKING SPACES REQUIRED
Residential:
 
Single-family
2.0 per dwelling unit
Two-family
2.0 per dwelling unit
Multifamily:
 
Efficiency and one bedroom
1.5 per dwelling unit
Two or more bedrooms
2.0 per dwelling unit
Commercial:
 
Offices and Banks
3.0 per 1,000 sq. ft. gross floor area
Clinics and Doctors’ Offices
5.0 per 1,000 sq. ft. gross floor area
General Retail
4.0 per 1,000 sq. ft. gross floor area
Shopping Centers
3.0 per 1,000 sq. ft. gross floor area
Carwash
0.3 per employee, plus 1.0 for owner or manager, plus reservoir parking as provided below
Restaurants
0.3 per seat
Hotels, Motels
1.0 per rentable room plus 0.5 per employee on any one shift
Halls for meeting, dancing, social events
5.0 per 1,000 sq. ft. gross floor area
Entertainment:
 
Bowling Alleys, Pool Halls
5.0 per 1,000 sq. ft. gross floor area
Industrial
0.8 per employee on any one shift
Auditoriums and Theaters
0.3 per seat
Churches
1.0 per six seat
Elementary and Jr. High Schools
1.0 per staff members
Hospitals
1.2 per bed, plus 1.0 per three staff members on any one shift
Nursing Homes
1.0 per five beds, plus 1.0 per two staff members on any one shift
Wholesale Storage and Jobbing
1.0 per employee, plus 1.0 per business vehicle parked on premises, plus 2.0 for visitor or customer parking
Off-street reservoir parking shall be provided for an automatically operated carwash equal to three (3) times the maximum capacity of the carwash, and for a manually operated carwash equal to six (6) times the maximum capacity of the carwash, for automobiles awaiting entrance. “Maximum Capacity” shall mean the greatest number of automobiles undergoing some phase of washing at the same time.
The required yard setbacks for any building shall not be included in calculating the minimum space requirements for off-street parking.
(2) 
Where a building or a site contains two (2) or more uses, the off-street parking requirement shall be computed as the sum of the required off-street parking spaces for each individual use.
(3) 
Each business, commercial, manufacturing or industrial use having deliveries made by truck more than once a day between the hours of 8:00 a.m. and 6:00 p.m., or where the time of loading and unloading materials or goods exceeds ten (10) minutes between those hours, shall provide off-street truck loading space on the lot, such space to be not less than thirty-five (35) feet in length, twelve (12) feet in width, and fifteen (15) feet in height.
(4) 
For the purpose of this subsection, one parking stall shall be not less than one hundred seventy-five (175) square feet in area, together with whatever area is required for means of ingress and egress thereto, except that in the case where attendants perform the act of parking in defined and adequate stalls, then each such stall shall be considered a parking stall as required herein.
(5) 
A driveway for access to any single parking space or to a parking lot shall be not less than eleven (11) feet in width nor more than thirty (30) feet in width at the property line along the street and shall be so located as to minimize traffic hazard and congestion.
(6) 
All required parking stalls shall be located on the premises to which such requirement applies or within an off-street space distance not more than five hundred (500) feet from such premises, provided that such stalls as are required for employees and proprietors of any premises may be located within an off-street space distance not more than one thousand (1,000) feet from such premises except as otherwise provided in this subsection or other subsections of this ordinance.
(7) 
Provision of parking stalls shared jointly by several persons in the same block or in the same vicinity is permissible, in which case the number of stalls required shall be the sum total of the individual requirements, provided that where it is found by the board of appeals, upon application thereto, that the parking demand generated by the different uses included in any joint arrangement to provide parking stalls required herein occurs at distinctly different times, as in the case of a theater generating demand for parking during such daytime hours, and, in similar cases, the board may reduce the total number of parking stalls to be jointly provided.
(8) 
All parking spaces required for any use and provided in compliance with the provisions of this subsection on the same lot or plot as that occupied by such use shall be considered to be required spaces for the use or uses to which appurtenant and shall not be reduced or encroached upon in any manner.
(9) 
The surface of parking stalls and aisles, truck standing spaces, and access driveways therefor shall be treated, prepared and maintained for adequate drainage and the elimination of dust, dirt, and mud, according to city specifications.
(10) 
In a case where existing off-street parking facilities have unused parking capacity and where such facilities are open to the use of the public free of charge or at reasonable rates, the board may reduce the parking space requirements for any use [a] distance [of] not more than eight hundred (800) feet from such facility or facilities, provided that the total number of stalls in such reduction shall be not greater than the total number of stalls of unused capacity.
(11) 
In a case where any public or private off-street parking facility, to be open to the use of the public free of charge or at a reasonable rate, is planned or is in process of development and where the board has reasonable assurance that such development will be carried to completion and will when completed relieve the parking demand in an area within five hundred (500) feet thereof in some measure or in full measure, the board may establish a reasonable time period within which any use or uses within such area shall provide required space for parking stalls. Upon completion of all or a portion of such development, the provision of paragraph (10) above may be applied by the board.
(12) 
In a case where the customary mode of transportation of a majority of the patrons, employees, and proprietors of any use, to and from the area in which such use is located, is other than by private automobile, the board may reduce by an amount not to exceed fifty percent (50%) the space required for parking stalls for such use.
(13) 
No parking facility, paving or sealed surfaces shall occupy any portion of a required setback.
(14) 
In a case where it is clearly shown by the applicant to the satisfaction of the board that the provision of the amount of space required herein for parking stalls, due to the particular nature of the proposed use or other condition, would be unnecessary hardship, the board may reduce such requirement.
B. 
RESIDENTIAL OFF-STREET PARKING.
(1) 
Purpose.
It is recognized that uncontrolled residential off-street parking, specifically in residential front yards, is a public nuisance. The purpose of this subsection is to provide for the regulation of residential off-street parking and to specify the requirements for residential off-street parking as they pertain to the appearance and the health, safety, and welfare of the city.
(2) 
Definitions and Restrictions.
It shall be illegal for any person to park or to allow to be parked on any property under his control any automobile, bus, truck, motorcycle, motor home, camper, trailer, boat or any vehicle on any portion of a front yard or side yard of any area which is zoned under the Comprehensive Zoning Ordinance, unless:
(a) 
Said area is a part of a hard surfaced driveway or parking area;
(b) 
Said area is part of a gravel driveway bordered by cement curbing or similar permanent border;
(c) 
Said area is a part of a required driveway that provides access to a garage, carport or off-street parking area required by the Comprehensive Zoning Ordinance;
(d) 
Said area is part of a side yard which is enclosed by a screening fence at least six (6) feet in height and so constructed that no person can see through into the area surrounded by the fence;
(e) 
The term “vehicle” as used herein shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, except devices moved exclusively by human power. The term “hard surfaced” as used herein shall include cement, asphalt, brick and other commonly accepted pavement which may be approved by the building official;
(f) 
A single-width driveway running from the street access to a garage or other parking area shall not utilize more than fifteen percent (15%) of any residential front yard, except for front yards with a front footage width of less than seventy (70) feet, in which case the maximum width for single driveway shall be eleven (11) feet;
(g) 
A double-width driveway running from the street access to a garage or other parking area shall not utilize more than twenty-seven percent (27%) of any residential front yard, provided that the maximum width of a driveway shall not exceed twenty-four (24) feet in any case and shall not exceed eighteen (18) feet for front yards with a front footage width of less than seventy (70) feet;
(h) 
A triple-width driveway running from the street to a garage or other parking area shall not utilize more than thirty-three percent (33%) of any residential front yard, provided that the maximum width of a driveway shall not exceed thirty (30) feet in any case, and shall not be permitted for front yards with a front footage width of less than eighty (80) feet;
(i) 
A drive apron means the connection between a driveway and the traveled portion of a street, in the public right-of-way, including any sidewalk area abutting thereon; or
(j) 
Circular driveways used for turnarounds or through traffic shall not utilize more than thirty percent (30%) of any residential front yards or corner side yards with a front footage of less than eighty (80) feet.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 17-0504B adopted 5/4/17)
A. 
INTENT.
Within the districts established by this ordinance, or amendments that may later be adopted, there exist:
Lots and uses of lands;
Buildings and structures;
Uses of land and buildings in combination; and
Characteristics of uses which were lawful before this ordinance was passed and amended, but which would be prohibited, regulated or restricted under the terms of this ordinance or future amendments. It is the intent of this ordinance to permit these nonconformities to continue until they are removed.
Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. A conforming use of a building or structure, a nonconforming use of land, or a nonconforming use of buildings and land in combination shall not be extended or enlarged after passage of this ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.
To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.
B. 
NONCONFORMING LOTS OF RECORD.
In any district in which residential, commercial, or industrial buildings are permitted, buildings may be erected on any single lot of record, or multiple lots of contiguous street frontage in the same ownership, which were recorded prior to the effective date of this ordinance. This provision shall apply even though such lot or lots fail to meet the minimum requirements for area, width, or both, as governed by Section 22 [Section 20]; however, all other provisions of Section 22 [Section 20] shall apply. Any required variances shall be obtained only through the zoning board of adjustment.
(1) 
Conformance When.
The lawful use of a building or land existing at the date of enactment of this ordinance, although such does not conform to the provisions hereof, may be continued, but if nonconforming use is discontinued for a period of six (6) consecutive calendar months, it shall not thereafter be resumed and any future use of such building or land shall be in conformity with the provisions thereof.
The use of the land, if changed from a nonconforming use, shall be in conformity with the provisions hereof.
(2) 
Repairs - Cost Ceiling.
The total structure repairs or alterations in a nonconforming building shall not, during its life, exceed 50 percent (50%) of the assessed value of the building unless changed to a conforming use. The use of a nonconforming building may be changed to another nonconforming use of the same or more restricted classification.
(3) 
Extension When.
A nonconforming use of a building or land shall not be extended unless changed to a conforming use.
(4) 
Classification Changes.
Whenever the nonconforming use of a structure is changed to the use of a more restricted classification, such use shall not thereafter be changed to a use of a less restricted classification.
For the purpose of this regulation, uses permitted in SF1 Districts shall be deemed to be those in the most restricted classification.
(5) 
Restoration When.
A nonconforming structure destroyed or damaged by fire, flood, wind, earthquake, explosion or other casualty, or by the public enemy, to the extent where the cost of restoration would amount to less than fifty percent (50%) of its assessed value, may be restored. If the damage is in excess of fifty percent (50%) of its assessed value or restoration is not started within a period of one (1) year and carried diligently to completion, application for restoration shall be made to the board of adjustment to permit such restoration. Property owners, as shown by the city tax records on the effective date of this ordinance, shall be able to restore their property regardless of the extent of destruction, without making application to the board of adjustment. However, said restoration shall comply with all construction codes then in effect within the city.
(6) 
Applicability.
The provisions of this section shall apply to any use that may become a nonconforming use due to a change in the classification of the district in which located, from the effective date of the ordinance making the change.
(7) 
Board-Approved Use Conforms.
Any use which is permitted in a district only upon action of the board of adjustment shall, upon its establishment, be considered a conforming use in that district, provided that this regulation shall not be so interpreted as to waive any conditions of a conditional permit for such use.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 17-0504B adopted 5/4/17)
A. 
ORGANIZATION OF BOARD OF ADJUSTMENT.
There is hereby created a Board of Adjustment which shall be organized, appointed, and function as follows:
The Board of Adjustment shall consist of five (5) members who are residents of the City of Wilmer, each to be appointed by the City Council for a term of two (2) years and removable for cause by the appointing authority upon written charges and after public hearing. The City Council shall designate one (1) member as chairman. Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any cause in the same manner as the original appointment was made. The City Council may appoint two (2) alternate members of the Board of Adjustment who shall serve in the absence of one (1) or more regular member when requested to do so by the chairman of the board or city administrator, as the case may be. All cases to be heard by the Board of Adjustment will always be heard by a minimum of four (4) members. These alternate members, when appointed, shall serve for the same period as the regular members, which is for the term of two (2) years, and any vacancy shall be filled in the same manner and they shall be subject to removal the same as the regular members.
B. 
OPERATIONAL PROCEDURE.
(1) 
The board shall adopt rules to govern its proceedings; provided, however, that such rules are not inconsistent with this ordinance or state law. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer an oath and compel the attendance of witnesses.
(2) 
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, and shall keep record of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.
(3) 
Appeals to the Board of Adjustment can be taken by any person aggrieved or by an officer, department, or board of the municipality affected by any decision of the building inspector. Such appeal shall be taken within fifteen (15) days after the decision has been rendered by the administrative official 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 records upon which the action appealed from was taken.
(4) 
An appeal shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reasons of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by the Board of Adjustment or a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.
(5) 
No appeal to the Board of Adjustment for the same or related variance on the same piece of property shall be allowed prior to the expiration of six (6) months from a previous ruling of the board on any appeal to such body unless other property in the immediate vicinity has, within the said six (6) month period, been changed or acted on by the Board of Adjustment or City Council so as to alter the facts and conditions on which the previous board action was based. Such change of circumstances shall permit the rehearing of an appeal by the Board of Adjustment prior to the expiration of a six (6) month period, but such conditions shall in no way have any force in law to compel the Board of Adjustment, after a hearing to grant a subsequent appeal. Such subsequent appeal shall be considered entirely on its merits and the peculiar and specific condition related to the property on which the appeal is brought.
(6) 
At a public hearing relative to any appeal, any interested party may appear in person or by agency or by attorney. The burden of proof shall be on the applicant to establish the necessary facts to warrant favorable action of the Board of Adjustment on any appeal. Any special exception or variance granted or authorized by the Board of Adjustment under the provisions of this ordinance shall authorize the issuance of a building permit or a certificate of occupancy, as the case may be, for a period of ninety (90) days from the date of the favorable action of the board unless said board shall have in its action approved a longer period of time and has so shown such specific longer period in the minutes of its action. If the building permit and/or certificate of occupancy shall not have been applied for within said ninety (90) day period or such extended period as the board may have specifically granted, then the special exception or variance shall be deemed to have been waived and all rights thereunder terminated. Such termination waiver shall be without prejudice to a subsequent appeal and such subsequent appeal shall be subject to the same regulation and requirement for hearing as herein specified for the original appeal.
C. 
ACTIONS OF THE BOARD OF ADJUSTMENT.
(1) 
In exercising its powers, the board may, in conformity with the provisions of the Statutes of the State of Texas as existing or hereafter amended, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken. The board shall have the power to impose reasonable conditions to be complied with by the applicant.
(2) 
The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this ordinance or to effect any variance in said ordinance.
(3) 
Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment or any taxpayer or any officer, department, or board of the municipality may present to a court of record (District Court) a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of 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 and not thereafter.
D. 
NOTICE OF HEARING BEFORE BOARD OF ADJUSTMENT REQUIRED.
The Board of Adjustment shall hold a public hearing on all appeals made to it and written notice of such public hearings shall be sent to the applicant and all other persons who are owners of real property lying within two hundred (200) feet of the property on which the appeal is made. Such notice shall be given no less than ten (10) days before the date set for hearing to all such owners who have rendered their said property for city taxes as the ownership appears on the last city tax roll. Such notice may be served by depositing the same properly addressed and postage paid in the United States Post Office. Notice shall also be given by publishing the same in the official publication of the City of Wilmer at least ten (10) days prior to the date set for hearing, which notice shall state the time and place of such hearing.
E. 
JURISDICTION OF BOARD OF ADJUSTMENT.
When, in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the Board of Adjustment may, in specific cases, after public notice and public hearing and subject to appropriate conditions and safeguards, authorize the following special variances and exceptions to the regulations herein established and take action relative to the continuance and discontinuance of a nonconforming use:
(1) 
To hear and decide appeals where it is alleged there is error on any order, requirement, decision, or determination made by the building inspector in the enforcement of this ordinance;
(2) 
Interpret the intent of the zoning district map where uncertainty exists because the physical features on the ground vary from those on the zoning district map and none of the rules set forth in Section 5 apply;
(3) 
Initiate on its motion or cause presented by interested property owners’ action to bring about the discontinuance of a nonconforming use;
(4) 
Require the discontinuance of a nonconforming use under any plan whereby full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance;
(5) 
Permit the change of occupancy of a nonconforming use to another nonconforming use in accordance with the provisions of Section 20 [Section 24];
(6) 
Permit the reconstruction of a nonconforming structure or building on the lot or tract occupied by such building, provided such reconstruction does not, in the judgment of the board, prevent the return of such property to a conforming use or increase the nonconformity of a nonconforming structure and provided that such actions conform to the provisions of Section 20 [Section 24];
(7) 
Require the vacation and demolition of a nonconforming structure which is deemed to be obsolete, dilapidated, or substandard;
(8) 
Permit such variance of the front yard, side yard, rear yard, lot width, lot depth, coverage, minimum setback standards, off-street parking, off-street loading regulations, lot area, maximum height, building size or percent of masonry required, where the literal enforcement of the provisions of this ordinance would result in an unnecessary hardship, or where such variance is necessary to permit a specific parcel of land which differs from other parcels of land in the same district by being of such area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 17-0504B adopted 5/4/17)
A. 
GENERAL.
The zoning regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. Such amendments, supplements, changes, modifications, or repeals shall be deemed to amend, supplement, change, modify, or repeal the community plan of the City and shall become a part of such community plan. The Planning and Zoning Commission and its composition and duties are established by the City Council of Wilmer.
B. 
AMENDMENT INITIATION.
(1) 
The City Council may from time to time, after receiving a recommendation thereon by the Planning and Zoning Commission and after public hearings required by law, amend, supplement or change the regulations herein provided or the boundaries of the zoning districts specified on the Zoning Map.
(2) 
An amendment to the Zoning Ordinance text may be initiated by the Mayor, by the City Council, by the Planning and Zoning Commission, or by the City Administrator (or designee) to address an issue or concern pertaining to any of the following:
(a) 
To initiate the zoning or rezoning of real property (with or without consent of the property’s owner);
(b) 
To initiate classification of a new and unlisted use, or to better define and classify an ambiguous use;
(c) 
To obtain legislative policy direction on any question or uncertainty regarding interpretation of any word, phrase, section or provision within the Zoning Ordinance;
(d) 
To address and obtain legislative policy direction on new and emerging technologies, land uses, business operations, exterior building construction materials and techniques, innovations in site design, parking, landscaping, etc.;
(e) 
To consider adoption of additional or modified design, construction, layout, setback, size, height, bulk, parking, landscaping, and/or other requirements associated with certain land uses or the development of land within the City; or
(f) 
Any other purpose or issue that is deemed by the Mayor, City Council, Planning and Zoning Commission or City Administrator (or designee) to be necessary to obtain legislative policy direction for the purpose of protecting the public health, safety, morals or general welfare of the City.
(3) 
An amendment to the Zoning Ordinance text may be initiated by an owner (or his/her authorized representative) of real property within the City’s corporate limits, to address an issue or concern pertaining to any of the following:
(a) 
To initiate the zoning or rezoning of his/her own real property; or
(b) 
To initiate classification of a new and unlisted use, or to better define and classify an ambiguous use, as such may pertain to proposed use of his/her own real property.
(4) 
An amendment to the Zoning Ordinance text that is initiated by the Mayor, by the City Council, by the Planning and Zoning Commission, or by the City Administrator (or designee) shall be processed in accordance with the procedures set forth in Section 26 of the Zoning Ordinance, following a simple majority vote by City Council members present and voting to call a public hearing on the matter and to direct City staff to study the question/issue, publish the required public notices, and place the proposed amendment on a Planning and Zoning Commission agenda for consideration and formulation of a recommendation to the City Council.
(5) 
An amendment to the Zoning Ordinance text that is initiated by an owner (or his/her authorized representative) of real property within the City’s corporate limits shall be upon submission of a signed and notarized application form and fee (per the City’s Fee Schedule), and thence processed in accordance with the procedures set forth in Section 26 of the Zoning Ordinance (i.e., not necessary for the City Council to have to call a public hearing on the matter, City staff will proceed with the required notices, public hearing scheduling, etc.).
C. 
PROCEDURE.
All requests for amendments to zoning district boundaries shall be submitted, together with required fees, to the administrative official, which officer shall cause notices to be sent and the petition placed on the Planning and Zoning Commission agenda.
The City Council may not enact any proposed amendment until the Planning and Zoning Commission makes its final report to the City Council. The City Council may refer proposed amendments to the Planning and Zoning Commission for recommendation.
Requests for changes in zoning districts shall include the proposed designation or designations for the area concerned. Alternative proposals may be made at the time of
filing the original request for amendment; however, all hearings and deliberations shall be limited to the request as submitted by the applicant at the time of original filing.
D. 
PUBLIC HEARING AND NOTICE.
Prior to making its report to the City Council, the Planning and Zoning Commission shall hold at least one (1) public hearing thereon. Written notice of all public hearings on proposed changes in district boundaries shall be sent not less than ten (10) days before such hearing is held to all owners of property which is located within the area proposed to be changed, within two hundred (200) feet of such property to be rezoned. Such notice may be served by using the last known address as listed on the city tax roll and depositing the notice, postage paid, in the United States mail. No notice of hearings before the Planning and Zoning Commission on proposed changes in zoning regulations need be given except as may be required by state law.
E. 
COMMISSION REPORT.
The Planning and Zoning Commission, after the public hearing is closed, shall vote on its recommendations on the proposed change to be sent in a report to the City Council. Such report may recommend for or against such proposed change and may, but need not, include reasons for such decision. The commission may defer its report for not more than sixty (60) days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. If the commission fails to finally report after sixty (60) days, it would be deemed to have recommended negatively to the proposal.
F. 
FORWARDING FINAL REPORT.
Every proposal receiving a final report by the commission shall be forwarded to the council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.
G. 
WITHDRAWAL.
Any proposal or application may be withdrawn by the proponent after the commission makes its final report, and such proposal or application shall not be subject to the provision hereof that a period of time must pass before a new application is considered. If such proposal is withdrawn, the council will not consider it. Any proposal or application shall not be subject to the provision hereof that a period of time must pass before a new application is considered. If such proposal is withdrawn, the council will not consider it. Any proposal or application withdrawn may be resubmitted and shall be subject to all fees and notice requirements as an original application.
H. 
SIGN POSTING.
The administrative official may have at least one (1) sign erected on the property to be rezoned, which sign shall have a total area of at least four (4) square feet. Such sign or signs shall, if possible, be located adjacent to streets. Such sign shall be erected on or before the first date of the first notice to property owners and shall be removed immediately after final action by the City Council or when the applicant withdraws the request, whichever comes first. The sign shall contain a notice of the present zoning classification, the requested zoning, the name of the applicant, and the telephone number of the public official from whom dates of public hearings may be obtained. The erection or continued maintenance of signs shall not be deemed a condition precedent to the granting of any zoning change or holding of any public hearing.
I. 
COUNCIL HEARING AND NOTICE.
The City Council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established. A public hearing on such amendment, supplement or change shall be held by the council. Notice of council hearing shall be given by publication one (1) time in the official newspaper of the city, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication. No such amendment, supplement or change shall be considered unless and until the commission makes its final report thereon. Publication of such change shall be accomplished by publishing the descriptive caption and penalty clause of the ordinance amending the comprehensive plan to incorporate the change.
J. 
APPLICATION NOT TO BE CONSIDERED FOR ANOTHER SIX MONTHS AFTER DENIAL OF REQUEST FOR REZONING.
No application for rezoning shall be considered within six (6) months of denial of a request by the City Council for the same classification on the same property.
K. 
PROTEST AGAINST CHANGE.
In case of a protest against such change signed by the owners of twenty percent (20%) or more either of the land included in such proposed change, or of the land within two hundred (200) feet thereof, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all the members of the City Council. The phrase “all members of the City Council” shall mean all five members, except where there is a vacancy or a member who is disqualified by conflict of interest and has so declared. In computing the percentage of land area under this section, the area of streets and alleys shall be included.
L. 
COUNCIL ACTION ON APPLICATION.
The proponent of any zone change shall satisfy the City Council that either the general welfare of all the city affected by the area to be changed will be enhanced, or that the property is unusable for the purposes allowed under existing zoning. If such is proved to the council’s satisfaction, it may grant the requested zone change; or it may change the zone’s designation of a portion of such property; or it may initiate a request to consider changing all or a portion of such property to a district other than that requested and of a different character.
M. 
SITE PLAN AND SUPPORTING DOCUMENTS REQUIRED; PETITION FOR ZONING DISTRICT CHANGE OR CONDITIONAL USE.
When, in the opinion of the Planning and Zoning Commission, City Council, or Zoning Board of Adjustment, greater information is required from the petitioner concerning the nature, extent, and impact of his request than supplied with his application for a change in zoning or conditional use permit, in order for such commission, council, or board to properly review and evaluate all relevant factors thereof, said commission, council, or board may require the applicant to submit a site plan and supporting documents conforming with all or a portion of the requirements set forth in this subsection, prior to rendering a decision thereon.
The petitioner is encouraged to meet with the appropriate commission, council, or board in an informal work session to ascertain the exact extent of plans and documents required, if any, prior to the city initiating the advertisement for public hearing on the petition.
The general type and extent of plans and supporting documents which may be required of the petitioner include, but are not necessarily limited to:
(1) 
Site Plan.
Meeting all of the requirements of a “preliminary plat” as described in the city’s subdivision regulations, except that topographic and drainage map information provisions may be waived by the reviewing body when the inclusion of such data would not materially contribute to the necessary evaluation of the project’s petition. Additional site plan drawing information which the reviewing body may require include:
(a) 
Existing and proposed zoning district;
(b) 
General outline of extensive tree covered areas;
(c) 
Drainage ways and 100-year floodplain limits;
(d) 
Proposed treatment for screening the perimeter of the land embraced by the petition, including screening of internal separations of land use where required;
(e) 
Proposed internal nonvehicular circulation linkages such as pedestrian paths and hike trails, bike trails, and equestrian bridle paths, where applicable, including their interrelationships with vehicular circulation systems and proposed handling of points of conflict;
(f) 
A tabular summary schedule indicating:
(i) 
The gross acreage and percent of each type of zoning category proposed;
(ii) 
The gross acreage and percent of each type of land use proposed, with streets and open space categories listed separately, and residential uses further stratified as to type (i.e., single-family, two-family, multifamily townhouse, etc.), including the total gross project acreage;
(iii) 
The gross residential density of each type of residential land use proposed, expressed in dwelling units per acre; and based on net residential land use, plus one-half (1/2) of any abutting street;
(iv) 
The quantitative number of dwelling units proposed for each residential dwelling type (i.e., single-family, two-family, etc.);
(v) 
Proposed maximum lot coverage by building types (i.e., one-family, two-family, multifamily, commercial, office, industrial, etc.) expressed in terms of percent or floor area ratio of the lot or site.
(2) 
Architectural Drawings.
Elevations, concept sketches, or renderings depicting building types and other significant proposed improvements, including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant’s land use and development proposals.
(3) 
Written Documents in narrative form on 8-1/2" x 11" sheets, including:
(a) 
Statement(s) on planning objectives to be achieved in use/development proposal, including a narrative description of the character of the proposed development and rationale behind the assumptions and choices made by the applicant, including use and ownership of open spaces, etc.
(b) 
Legal description of the total site area proposed for rezoning, development, or conditional use permit.
(c) 
A development schedule indicating the approximate date(s) when construction of the proposed development, and subsequent stages or phases thereof, if any, can be expected to begin and be completed to the best of the applicant’s knowledge and belief.
(d) 
A statement as to the present and proposed ownership of the site or parcels thereof embraced by the application.
(e) 
Economic feasibility and/or market analysis studies, when deemed necessary by the reviewing body to adequately assess the necessity for zoning certain parcels to the sizes indicated by the applicant, or to evaluate the need for granting a conditional use permit.
(f) 
Environmental assessment statement, prepared pursuant to the National Environmental Policy Act of 1969, and any subsequent amendments thereto, when deemed necessary by the reviewing body to properly assess the impact of the proposed development/land use on the existing environment.
(g) 
Statement(s) as to how and when the applicant proposes to provide water and sewer to the development.
(h) 
Signature, title, and date of the applicant, at the conclusion of the written documents certifying the information presented in the plans and supporting documents reflecting a reasonably accurate portrayal of the general nature and character of the proposals.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 17-0504B adopted 5/4/17)
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance hereby adopted are severable and if any phrase, clause, sentence, paragraph, or section shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections, since the same would have been enacted by the City Council without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section.
(Ordinance 12.6.88 adopted 12/6/88)
That the existing comprehensive zoning ordinance and map, any amendments thereto, and any other ordinance of the City of Wilmer, Texas, in conflict with the provisions of this ordinance is hereby repealed.
(Ordinance 12.6.88 adopted 12/6/88)