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HomeMy WebLinkAboutOrdinance 1080 ORDINANCE NO. 1080 WHEREAS, the Planning & Zoning Commission of this City has con- ducted comprehensive land use studies and has held public hearings in an attempt to produce an ordinance that provides for maximum effective land use within the City and to provide for orderly expansion with all of the necessary services to meet the needs of the City; and WHEREAS, after many months of study the Planning and Zoning Commission has recommended to the City Council that this ordinance be adopt- ed as the Comprehensive Zoning Ordinance of this City; and WHEREAS, all procedural and substantive requirements of law have been met to effectively pass and enact a comprehensive Zoning Ordinance for the City of North Richland Hills, Texas; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of North Richland Hills, Texas that: There is hereby approved and adopted a comprehensive Zoning Ordinance for this City which shall read as follows: l This ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED this 9th day of January, 1984. l / ~'!"> .~ i/· ~'!'.~/, !/t,--yrv - /' ... \..- ... -----I'...~ \ vv... v Mayor ATTEST: ¥:~ m~ APPROVED AS TO FORM AND LEGALITY: ~i!££ Ci ty Attorney 173 ~ -- ~ INDEX SECTION I PURPOSE 2 SECTION II ZONING MAP PROVISIONS 3-4 SECTION III DEFINITIONS 5-39 SECTION IV R-1 SINGLE FAMILY DISTRICT 40-43 SECTION V R-2 SINGLE FAMILY DISTRICT 44-47 SECTION VI R-3 SINGLE FAMILY DISTRICT 48-51 SECTION VII R-4-SD SEPARATE OWNERSHIP DUPLEX DISTRICT 52-56 SECTION VIII R-5-D DUPLEX DISTRICT 57-61 SECTION IX R-6-T TOWNHOUSE AND GARDEN HOME DISTRICT 62-66 SECTION X R-7-MF MULTIFAMILY DISTRICT 67-71 SECTION XI 0-1 OFFICE DISTRICT 72-75 SECTION XII LR LOCAL RETAIL DISTRICT 76-79 SECTION XIII C-1 COMMERCIAL DISTRICT 80-83 SECTION XIV C-2 COMMERCIAL DISTRICT 84-87 SECTION XV OC OUTDOOR COMMERCIAL DISTRICT 88-90 SECTION XVI I-I LIGHT INDUSTRIAL DISTRICT 91-93 SECTION XVII 1-2 MEDIUM INDUSTRIAL DISTRICT 94-96 SECTION XVIII U SCHOOL, CHURCH & INSTITUTION DISTRICT 97-99 SECTION XIX PD PLANNED DEVELOPMENT 100-103 SECTION XX SU SPECIFIC USE PERMIT 104-107 SECTION XXI FP FLOOD PLAIN DISTRICT 108-114 SECTION XXII MINIMUM PARKING & LOADING SPACE REQUIREMENT 115-131 SECTION XXIII AG AGRICULTURAL DISTRICT 132-133 SECTION XXIV SPECIAL DEVELOPMENT CONTROLS 134-145 SECTION XXV APPLICATION OF DISTRICT REGULATIONS 146-148 SECTION XXVI NONCONFORMING USES 149-153 SECTION XXVII ZONING BOARD OF ADJUSTMENT 154-161 SECTION XXVI II AMENDMENTS 162-165 SECTION XXIX ADMINISTRATION, ENFORCEMENT & FEES 166-171 I SECTION I PURPOSE 1.1 PURPOSE The purpose of this ordinance is to zone the entire area of the City of North Richland Hills into districts in accordance with a comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the general public. The regulations and districts herein established have been designed to lessen congestion in the streets; to provide safety from fire, panic, and other dangers; to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of populations, to provide and facilitate adequate provisions for transportation, water, sewerage, schools, parks, and other public requirements. Said districts have been established with reasonable consideration of the character of the district and its peculiar suitability for the particular uses, and with the view of conserving the value of buildings and encouraging the most appropriate use of land through the community. Where this ordinance imposes a greater restriction upon land, buildings or structures than is imposed or required by other ordinances, covenants or agreements, the provisions of these regulations shall govern. Where other ordinances impose greater restrictions than are imposed herein the provisions of such other ordinances shall govern. 2 SECTION II OFFICIAL ZONING MAP PROVISIONS 2.1 The City of North Richland Hills is hereby divided into the zones, or districts, as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. The Official Zoning Map shall be identified by the signature of the Mayor attested by the City Secretary. 2.2 If, in accordance with the provisions of this ordinance, changes are made in the 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. 2.3 Approved zoning changes shall be entered on the Official Zoning Map by the City City Enforcing Officer and each change shall be identified on the map with the date and number of the ordinance making the change. No amendment to this ordinance which involves matter portrayed on the Official Zoning Map shall become effective until after such ordinance has been finally approved by the City Council. 2.4 No change of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance and punishable hereunder. 3 2.5 Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the office of the City Secretary, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city. The Official Zoning Map shall be available to the public at all hours when the City Hall is open to the public. 2.6 REPLACEMENT OF THE ZONING MAP a. In the event the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature and/or number of changes and additions, the City Council may, by resolution, adopt a new Official Zoning Map, which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the 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. 4 SECTION II I DEFINITIONS Certain words in this ordinance are defined as follows: Words in the present tense include the future; words in the singular number include the plural number; the words in the plural number include the singular; the word "building" includes the word "structure"; the word "lot" includes the word "plot"; the word "shall" is mandatory and directive. ABUTTING PROPERTY Property abutting upon a street shall also be understood as not abutting property on the other side of the street. ACCESSORY BUILDING A subordinate building located on the same lot as the main building, or a portion of the main building, the use of which is clearly incidental to and customarily found in connection with the main building or principal use of the land. ACCESSORY USE A use subordinate to and incidental to the primary use of the main building or to the primary use of the premises. ADJACENT Shall mean "next to" or "closest to" but shall not necessarily mean "touching" AIRPORT OR LANDING FIELD A landing facility for aircraft. ALLEY A way which affords only a secondary means of access to abutting property. AMENDMENTS Changes made in the text or map of the zoning ordinance. 5 AMUSEMENT, COMMERCIAL (outdoors) An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open, including but not limited to a golf driving range, archery range and miniature golf course. AMUSEMENT, COMMERCIAL (indoors) An amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line and including, but not limited to, a bowling alley or billiard parlor. In industrial areas, commercial amusements shall be subject to the same sound performance standards as industrial uses. AMUSEMENT PARK Any lot, tract or parcel of land, or any improvement thereon, either temporary or permanent, used in whole or in part for the operation and maintenance of any game of skill or chance, any circus, carnival, any riding device or devices, stationary or movable, or any combination thereof, any of which is operated for a profit. Without limiting the scope of this definition, the following shall be considered as games of skill: Bat-a-ball, miniature golf courses, golf driving archery galleries, skeet fields and rifle ranges. ranges and Without limiting the scope of this definition, the following shall be considered as circuses or carnivals: Wild wes t shows. shows, medicine shows, vaudeville shows, minstrel Without limiting the scope of this definition, the following shall be considered as riding devices: Skating rinks, merry-go-rounds, ferris wheels, whips, sky rides, hobby horses, flying jennies, pony rides, kiddy trains. ANTIQUE SHOP An establishment offering for sale within a building articles such as glass, china, furniture or similar furnishings and decorations which have value and significance as result of age, design or sentiment. 6 AP ARTMENT A room or suite of rooms in a multi-family dwelling or apartment house arranged, designed or occupied as a place of residence by a single family, individual or group of individuals. APARTMENT DWELLING GROUP Two or more apartment buildings designed occupying a lot or parcel of land in one common water and sanitary systems. as an integral unit and ownership and connected by APARTMENT HOUSE Any building designed, built, rented, leased, or let to be occupied as a home or place of residence by three or more families living in independent dwelling units. AREA OF THE LOT The net area of the lot. alleys. It shall not include portions of streets and ART GALLERY OR MUSEUM An institution for the collection, display and distribution of objects of art or science, sponsored by a public or quasi-public agency and which facility is open to the general public. ATMOSPHERIC POLLUTION The discharging from stacks, open storage, chimneys, exhausts, vents, ducts, openings or open fires of such air contaminants as visible emissions, sulphur dioxide, particulate matter, hydrocarbons, fumes or similar material or gases. ATTACHED GARAGE A garage which has one or more walls common with the principal building on a lot; or which is attached to the principal building by an enclosed porch, loggia or passageway, the roof of which is a part or extension of the roof of the principal building. AUTO LAUNDRY A building, or portion thereof containing facilities for automobiles using production line methods with a chain conveyor, steam cleaning device, or other mechanical devices. washing blower, 7 AUTOMOBILE A four-wheeled self-propelled vehicle designed for passenger transportion and commonly propelled by an internal-combustion engine. AUTOMOBILE REPAIR, MAJOR General repair, or reconditioning of engines sys tems f or motor vehicles; wrecker service; including body, frame or fender straightening or overall painting or paintshop. and air-conditioning collision services repair; customizing; AUTOMOBILE REPAIR, MINOR Minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems, and other similar minor services for motor vehicles except heavy load vehicles. AUTOMOBILE SALES AREA An open area or lot used for the display or sale of automobiles, no repair work is done except minor reconditioning of the cars displayed and sold on the premises. where to be AUTO SERVICING (not including repair) Facilities which perform routine including the replacement of elements be routinely replaced on a frequent other lubrication; brake, transmission air filters) servicing of motor vehicles, and fluids which are expected to basis (such as engine oil and and power steering fluids; and AWNING An awning is a roof-like cover of a temporary nature that projects from the wall of a building. BACKGROUND NOISE Noise from all sources other than that under specific consideration including traffic operating on public thoroughfares. BAR An establishment, not a restaurant, the principal activity of which is the sale and consumption on the premises of liquor, wine, beer or other alcoholic beverages, whether served with or without food other refreshments. any and 8 BASEMENT A building story which is partly underground, but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story in computing building height. BASEMENT, CELLAR A basement or cellar is a story wholly or partly (at least fifty (50) percent) measured from floor to ceiling, below the average level of the ground surrounding the building. A basement or cellar is not counted when measuring the height of a building. BILLBOARD An outdoor advertising structure which advertises a use, product, or service not necessarily found on the premises. BLOCK A piece or parcel of land platted as a block on a plat officially adopted by the City and County. BLOCK FACE A block face is a side of a block facing upon a street, within which lots face the abutting street. BOARDER, LODGER OR ROOMER Person occupying one or more rooms in portion of such structure occupied as a permitted in this ordinance, other than for which compensation is required. a residential structure or single housekeeping unit as apartment, hotel, or motel, BOARDING HOUSE A building compensation lodging and exceeding 20 other than a hotel and by pre-arrangement meals are provided for persons. or apartment hotel where, for definite periods, meals, five or more persons, but for or not BOARD OF ADJUSTMENT - See Section XXVII 9 BOULEVARD STREET A public street which. in accordance with the comprehensive plan for zoning of the city and city wide traffic surveys. has been designed to channelize and expedite the free movement of intercity or intracity, heavy-volume or high-speed traffic and to relieve congestion from other public streets. Such term, when applied to limited access type roadways, shall be construed to include both the main traffic lanes and frontage roads. BREEZEWAY A structure entirely open except for roof and supporting columns which connects a residence and an accessory building on the same lot. BUILD The word build means to erect, convert, enlarge. reconstruct, or alter a building or structure. BUILDABLE WIDTH The buildable width of a building site is the width of the building site left to be built upon after the required side yards are provided. BUILDING Any structure built for the support, shelter and enclosure of persons, animals. chattels or movable property of any kind. BUILDING, DETACHED A detached building is a building surrounded by yards or open space on the same building lot. BUILDING ENDS Those sides of a building having the least dimension as compared to the front or rear of a building. As used herein for the building spacing regulations for multiple-family dwelling, a building end shall be interpreted as being the most narrow side of a building regardless of whether it fronts upon a street, faces the rear of the lot or is adjacent to the side lot line or another building. BUILDING, FRONT OF That portion of a building most nearly parallel with and adjacent to the front of the lot on which it is situated. 10 - BUILDING, HEIGHT OF The vertical distance measured from the ground level to the highest point of the roof surface. BUILDING LINE A line parallel or approximately parallel to specified distance therefrom establishing the the street line that a building may be erected. the street line minimum distance at a from BUILDING LINE, FRONT A line located a m1n1mum horizontal distance from a front lot line and parallel thereto, over which no part of a building shall extend, unless otherwise permitted in this ordinance. BUILDING LINE, REAR A line located a m1n1mum horizontal distance from a rear lot line, if any, and parallel thereto, over which no part of a building shall extend, unless otherwise permitted in this ordinance. BUILDING LINE, SIDE A line located a m1n1mum horizontal distance from a side lot line, if any, and parallel thereto, over which no part of a building shall extend, unless otherwise permitted in this ordinance. BUILDING LOT A building lot is a single tract of land located within a single block which (at the time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. It shall front upon a street or approved place. Therefore, a building lot may not coincide with a lot of record. A building lot may be subsequently subdivided into two (2) or more building lots, subj ect to the provisions of this ordinance. BUILD lNG, MIXED A mixed building is a building used partly for residential use and partly for community facility and/or commercial use. A mixed building is a commercial use. BUILDING OFFICIAL The building inspector or administrative official charged responsibility for issuing permits and enforcing the building code. with 11 BUILDING, PRINCIPAL A building in which the principal use of the lot on which it is located, is conducted. All residential uses, except bona fide servants 1 quarters, are principal uses. BUILDING, RESIDENTIAL A building which is arranged, designed, used or intended to be used for residential occupancy by one (I) or more families or lodgers. BUSINESS Includes retail, commercial, and manufacturing uses and districts as herein defined. CANOPY OR MARQUEE A roof-like structure of a permanent nature which projects from the wall of a building or structure and overhangs a private or public way. CARPORT A roofed structure open on three sides when attached to a dwelling and open on four sides when detached from a dwelling, covered with a roof supported by structural steel or wood columns or masonry piers of minimum size for structural safety. CAR SPACE Space required to park one motor vehicle. CEMETERY Land used or intended to be used for the interment of human and pet remains and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery. CHILD CARE CENTER Any place, home or institution which cares for four (4) or more children under the age of sixteen (16) years apart from their parents, guardians, or custodians for regular periods of time for compensation; provided, however, that the term "child care center" shall not include or apply to bona fide schools, custody fixed by a court, children related by blood or marriage within the third degree of the custodial person, or churches and other religious or public institutions caring for children within an institutional building. 12 ~ CHURCH A place of worship and religious training of recognized including the on-site housing of ministers, rabbis, priests, similar staff personnel. religions nuns and CITY COUNCIL The governing and legislative body of the City of North Richland Hills, Texas. CITY MANAGER The Chief City Administrative officer. CLEANING OR LAUNDRY SELF-SERVICE SHOP To be of the customer self-service type and not a commercial laundry or cleaning plant. CLEANING SHOP OR LAUNDRY (limited area) A custom cleaning shop not exceeding two thousand five hundred (2,500) square feet of floor area. CLINIC A group of offices for one or more physicians, surgeons, or dentists to treat sick or injured out-patients. CLINIC, VETERINARIAN A group of offices for injured animals and where for recovery. one or animals more veterinarian to only remain overnight treat sick or inside clinic CLINIC, MEDICAL An institution or station for the examination and treatment of ill and afflicted out-patients. CLUB A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business. 13 CLUB, CIVIC A building or portion of a building, together with the grounds and related facilities, primarily used by an association of persons for periodic meetings to promote special purpose activities, such as literature, science, or civic improvements. CLUB, COMMUNITY A building or portion of a building, together with the grounds and related facilities, used primarily by an association of the residents of a particular subdivision, neighborhood or housing development and by its members and guests for social and recreational purposes. CLUB, PRIVATE A building or portion of a building together with the grounds and related facilities used primarily by an association, its members, and their guests for social, fraternal, and recreational purposes. COLLEGE OR UNIVERSITY An academic institution of higher learning, accredited or recognized by the State and offering a program or series of programs of academic study. COMMERCIAL DOG KENNEL Any lot or premises on which dogs are kept, raised or boarded primarily for profit and gain. COMMISSION The Planning and Zoning Commission of the City of North Richland Hills. COMMON AREA An area held, designed and designated principally for the common use of the occupants of a town house proj ect, PUD, mobile home park, or subdivision. COMMUNITY CENTER A building dedicated to social or recreational activities, serving the city or a neighborhood and owned and operated by the City of North Richland Hills, or by a non-profit organization dedicated to promoting the health, safety, morals or general welfare of the City. 14 CONDOMINIUM Any building or portion thereof, which is designed, built or altered to allow for individual ownership of each unit within the building or buildings. COMPREHENS IVE PLAN Policies in graphic and development of the City. textual form which guide the future CONVALESCENT HOME Any structure used for or customarily occupied by persons recovering from illness or suffering from infirmities of age. COURT YARD An open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard, or other permanent space. COVERAGE The percentage of a lot or tract covered by the roof or first floor of a building. Roof eaves to the extent of three (3) feet from the walls of a building shall be excluded from coverage computation. CURB LEVEL The level of the established curb in front of the building measured at the center of such front. Where no curb has been established, the Director of Public Works shall establish such curb or its equivalent for the purpose of this ordinance. DAY CAMP A facility instruction basis. arranged and of children conducted including for the outdoor organized activities recreation and on a dayt ime DENSITY The relationship of dwelling units or rooms to the area of the lot or tract upon which a residential structure is located or erected. 15 DEPTH OF LOT The mean horizontal distance between the front and rear lot lines. DEPTH OF REAR YARD The mean horizontal distance between the rear line of a building and the rear lot line. DETACHED GARAGE A garage wholly separated and independent of the principal building on a lot; or connected to the principal building by an unenclosed or latticed passageway, pergola, arbor, or covered walk. DEVELOPMENT Any man-made change to improved or unimproved real estate, but not limited to buildings or other structures, mining, filling, grading, paving, excavation or drilling operations. including dredging, DEVELOPMENT STANDARDS Standards or requirements that apply to improvements or the placement of these improvements on a site or parcel of land. Examples are height, yard, and parking requirements. DISTRICT A contiguous parcel of land of the same zoning DORMITORY A building containing sleeping rooms for persons who are generally engaged in the same activities, usually students. DRIVE-IN FOOD AND DRINK ESTABLISHMENT An establishment serving food and drink to customers in their cars, patio or tables outside of a building. DWELLING A building or portion thereof, but not a house trailer, designated and used exclusively for residential occupancy, including one-family dwellings, but not including hotels, motels or lodging houses. DWELLING, ATTACHED An attached dwelling is one which is joined to another dwelling at one or more sides by a party wall or walls. 16 DWELLING, DETACHED A detached dwelling is one which is entirely surrounded by open space on the same building lot. DWELLING, ONE-FAMILY ATTACHED A dwelling unit on a separately platted lot which is joined to another dwelling unit on one or more sides by a party wall or abutting separate wall, served by separate utilities and not occupied by more than one family. DWELLING, ONE-FAMILY DETACHED A detached building having accommodations for and occupied by not more than one family, or by one family and not more than two (2) boarders or lodgers. DWELLING, TWO-FAMILY A detached building having separate accommodations for and occupied by not more than two families, or by two families and not more than four (4) boarders and lodgers (Two boarders or lodgers to each unit). A dwelling designed, arranged, or used exclusively for the use and occupancy of two families living independently of each other. DWELLING, MULTIPLE FAMILY Any building or portion thereof, leased, or let to be occupied as apartments or which is occupied as more families. which is designed, built, three or more dwelling a home or residence of rented, units or three of DWELLING UNIT A room or suite or set of rooms occupied, or suitable as a family residence, and having kitchen, bath facilities, together with appropriate appurtences. for occupancy, and sani tary EFFICIENCY APARTMENT An apartment having a maximum floor area of four hundred square feet. EMERGENCY ACCESS EASEMENT An area other than a dedicated street or place, or an alley, which is maintained free and clear of buildings, structures and other obstructions for the purpose of providing free passage or service and emergency vehicles. 17 ENFORCING OFFICER The administrative offical charged with responsibility of enforcing the Zoning Ordinance. FAMILY A family consists of one (I) or more persons, each related to the other by blood, marriage, or adoption or a group of not more than four (4) persons not related by blood, marriage or adoption (excluding servants) who are living together in a dwelling. FARM, RANCH, GARDEN OR ORCHARD An area of two (2) acres or more which is used for growing of usual farm products, vegetables, fruits, trees and grain and for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep and including the necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal and garbage to swine and other animals and not including any type of agricultural or husbandry specifically prohibited by ordinance or law, and not including commercial riding stables. FARM ACCESSORY BUILDING A structure, other than a dwelling, on a farm as herein defined, for the housing, protection or storage of the usual farm equipment, animals and crops. FEEDING PEN, ACCESSORY An area used for feeding of livestock as an accessory use only to farming activities. FEEDING PEN, COMMERCIAL An area where livestock are confined, whether under are fed in any quantity or in any manner other than herbage, for any purpose other than as a normal farming activities. Pasturing of livestock on including rental of grazing land for pasturing shall as a commercial feeding pen use. fence or not, and grazing on growing accessory use to growing herbage, not be considered FIRE LANE An all weather approach or opening through which a fire fighting vehicle may pass with a minimum of interference. 18 FLEA MARKETS A collection or group of outdoor stalls, booths, similar arrangements, used by individual vendors, for sale of various items of new or used personal property. tables or other the display and FLOOD A general and temporary condition of partial or complete inundation, by water or mud, of lands not normally inundated and that are used or usable by man. FLOOR AREA (a) Commercial, business, and industrial buildings or buildings containing mixed uses: The sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings but not including: (I) attic space providing headroom of less than seven feet; (2) basement space not used for retailing; (3) uncovered steps or fire escapes; (4) accessory water towers or cooling towers; (5) accessory off-street parking spaces; and (6) accessory off-street loading berths. (b) Residential buildings: the gross horizontal areas of the several floors of a dwelling, exclusive of garages, basements and open porches, measured from the exterior faces of the exterior walls. FOSTER HOME OR ORPHANAGE A home in which three or more children are received, raised, or provided with food and shelter by people other than their natural or adoptive parents. FRONTAGE, STREETS The length of all property on one (I) side of a street between two (2) intersecting streets measured along the line of the street, or if the street is a dead end, then the length of all property abutting on one (I) side between an intersecting street and the end of the dead end street. GARAGE, PRIVATE An accessory building not exceeding 900 square feet in area designed or used for the storage of not more than four motor-driven vehicles owned and used by the occupants of the building to which it is accessory. 19 GARAGE, PUBLIC A building or portion thereof, other than a private or storage garage, designed or used for servicing, repairing, equipping, hiring, selling, or storing motor-driven vehicles. GARAGE, STORAGE A building or portion thereof designed or used exclusively for storage of motor-driven vehicles, and at which motor fuels and oils may be sold without exterior advertising, and where motor-driven vehicles are not equipped, repaired, hired or sold. GARDEN HOME (sometimes referred to as Patio) A single-family dwelling constructed as part of a series of dwellings, all of which are usually attached to the adjacent dwelling by party wall or courtyard wall. Design of garden home usually includes a private interior garden courtyard. GARDEN HOME DEVELOPMENT A single-family development containing attached dwelling limited portion of land with the remaining land areas into common open space. units or a consolidated GASOLINE OR FUEL SERVICE STATION An establishment for the retail automotive accessories, including only as an incidental activity to the overhaul of major automobile heavy trucks. sales of petroleum products and minor automobile service and repair such retail sales, but not including components, body work, or repair of GOLF COURSE (commercial) A golf course, privately owned but open to the public for a fee and operated as a commercial venture. GROCERY STORE A retail establishment selling meats, fruits, vegetables, bakery products, dairy products and similar items for human consumption for off-premises consumption only. GROSS FLOOR AREA The outside dimensions of the building at each floor level, except that portion of the basement used only for utilities or storage, and any areas within the building used for off-street parking. 20 GROSS LEASABLE AREA (GLA) Total floor area designed for tenant occupancy and exclusive use including basements, mezzanines, and upper floors, if any; expressed in square feet and measured from the center line of joint partitions and from outside wall faces. GUEST QUARTERS (guest house) Living quarters within a detached accessory building located on the same premises with the main building for use by temporary guests of the occupants of the premises, such quarters shall not have kitchen facilities or separate utility meters, shall not be rented, and shall not be used as a separate dwelling. HELICOPTER BASE A landing and terminal facility for rotary wing aircraft, including facilities for fueling, servicing and maintaining such craft. HELIPORT A landing facility scheduled use, but such craft. for rotary not including wing aircraft subject fueling or servicing to regular ly facilities for HELISTOP A landing pad for occasional and infrequent use by rotary wing aircraft. HOBBY SHOP An accessory use housed in a dwelling or in an accessory building in which the residents of the premises engage in recreational activities, none of which shall disturb the neighbors on either side or in the rear hereof, and from which no revenue may be derived, in which no goods may be publicly displayed, offered for sale, or advertised for sale, nor may any sign be used in connection therewith. HOME ASSOCIATION An incorporated non-profit organization operating under recorded land agreements through which: a) each lot owner in a planned unit or other described land area is automatically a member, and b) each lot is automatically subject to a charge for a proportionate share of expenses for the organization's activities such as maintaining common property. 21 . HORSE LOT (private) An enclosed area unobstructed by any cross fences used exclusively for quartering horses (the term "horses" shall include all equine animals) and containing at least 10,000 square feet for the first one to four horses and 2,000 feet for each horse thereafter with a limit of eight horses per acre. Any area used for the keeping of horses under this ordinance shall be fenced and shall exclude any area required as minimum front yard specified in the zoning ordinances of the City of North Richland Hills. HORSE LOT (commercial) An area used exclusively for quartering horses (the term "horses" shall include all equine animals) for the purposes of boarding or rental to the public and containing a stable which provides at least 100 square feet for each horse quartered. HOSPITAL A building or group of buildings, having room facilities for one or more abiding patients, used for providing services for the inpatient medical or surgical care of sick or injured humans, and which may include related facilities such as laboratories, out-patient department, training facilities, central service facilities, and staff offices, provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operation. HOTEL OR MOTEL A building or group of buildings designed and occupied as a temporary abiding place of individuals. To be classified as a hotel or motel an establishment shall contain a minimum of six (6) individual guest rooms or units and shall furnish customary hotel services such as linen, maid service, telephone, use and upkeep of furniture. JUNK The term "junk" is defined to mean and shall include scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton, or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobile or airplane tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition; subject to being dismantled for junk. 22 JUNK OR SALVAGE YARD A junk or salvage yard is a lot upon which waste or scrap materials are bought, sold, exchanged, stored, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junkyard includes an automobile wrecking yard and automobile parts yard. A junk yard does not include such uses conducted entirely within a enclosed building. KINDERGARTEN OR NURSERY SCHOOL A school for children of preschool age, the work of which is purely preliminary to the work of the public school, and which contemplates a planned program of games, songs, social exercises and object lessons. LAND OWNER Shall mean the legal or beneficial owner or owners of the land. The holder of an option or a contract purchase of other persons having an enforceable proprietary interest in such land shall be deemed to be a land owner for the purpose of this Ordinance. LANDSCAPING Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and non-living durable material commonly used in landscaping, such as, but not limited to rocks, pebbles, sand, walls or fences, but excluding paving. LEGAL HEIGHT The maximum height of a building permitted by any airport zoning ordinance or other ordinance restricting the height of structures. LEGAL NONCONFORMING USE, BUILDING OR YARD A use, building or yard existing legally at the time of the passage of this ordinance which does not by reason of design, use, or dimensions conform to the regulations of the district in which it is situated. A use, building or yard established after the passage of this ordinance which does not conform to regulations of the district in which it is situated shall be considered an illegal non-conforming use. LIQUOR STORE Facility whose primary purpose is for the sale of beer, wine or liquor not for on-premises consumption. It may include soft drinks and some food items. 23 LIVESTOCK AUCTION Barns, pens and sheds for the temporary holding and sale of livestock. LIVING AREA That portion of a building or structure devoted to the occupants use and benefit and shall not include garages, carports or outside areas. LIVING UNIT The room or rooms occupied by a family and which must include cooking facilities. LOT Land occupied or intended for occupancy ordinance, including one main building buildings, and the yards and parking spaces principal frontage upon a street or upon an by a use permitted in this together with its accessory required herein, and having its officially approved place. LOT, ADJOINING OR ADJACENT Any lot, parcel or piece of land that shares with the lot under consideration a common lot line, alley or any point of tangency. LOT AREA The lot area is the entire area of the lot bounded by its perimeter property lines. LOT AREA PER DWELLING UNIT Lot area per dwelling unit is the lot required for each dwelling unit located on a building lot. LOT, CONTIGUOUS Two lots which have one boundary, or a part thereof, common to both lots. LOT, CORNER A lot abutting upon two or more streets at their intersection. 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. 24 LOT COVERAGE RATIO The lot coverage ratio is the ratio of the building ground coverage area to the lot area. LOT DEPTH Lot depth is and the rear boundary. the mean horizontal distance between the front lot line of a building lot measured within lot the line lot LOT DOUBLE FRONTAGE A lot having a frontage on two streets as distinguished from a corner lot. LOT, INTERIOR A lot other than a corner lot. LOT LINE, FRONT A front lot line is the boundary of a building lot which is the line of an existing or dedicated street. Upon corner lots either street line may be selected as the front lot line providing a front and rear yard are provided adjacent and opposite, respectively to the front lot line. LOT LINE, REAR The rear lot line is that boundary of a building lot which is most distant from the front lot line. LOT LINE, SIDE A side lot line is any boundary of a building lot which is not a front lot line or a rear lot line. LOT OF RECORD A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Tarrant County, or a parcel of land, the deed for which it is recorded in the office of the County Clerk of Tarrant County prior to the adoption of this ordinance. LOT, REVERSE CORNER A reverse corner lot is a corner lot, rear lot line of the street which abuts the side lot line of the lot to its rear. 25 LOT, THROUGH An interior lot having frontages on two streets. LOT WIDTH The width of a lot at the front building line. LOUNGE OR NIGHT CLUB An establishment, other than a restaurant, where liquor, wine, beer and/or other alcoholic beverage is served, dispersed or sold, whether served with or without food or other refreshment, and where facilities are offered for dancing, or dancing is permitted or invited by the general public, or where live entertainment is provided. MANUFACTURED HOUSING OR MANUFACTURED HOME A mobile home or a modular home or both. MARINA A boat basin or pier with facilities for berthing and securing all types of recreational craft, as well as providing adequate supplies, provisions and recreational, service, and fueling facilities. MARQUEE OR CANOPY A marquee or canopy is a rooflike structure of a permanent nature which projects from the wall of a building or overhangs a public way. MENTAL HEALTH CENTER A facility or institution for diagnosing, treating, caring for and· counseling persons requiring mental health service. MOBILE HOME A mobile or portable dwelling which is constructed on a chassis, and which is designed to be towed over Texas roads and highways under special permit, designed for year-round occupancy, designed primarily to be used without a permanent foundation, but which may sit on a permanent foundation, and designed to be connected to utilities. It may consist of one or more units that can be telescoped when trans- ported and expanded later for additional capacity, or of two or more units, separately transportable, but designed to be joined together into one integral unit. The following shall not be included in this definition: (a) Travel trailers, pick-up coaches, motor homes, trailers, or other recreational vehicles. camping 26 MOBILE HOME (Con't) (b) Manufactured modular housing which is designed to be set on a permanent foundation, and which uses standard sheathing, roofing, siding, and electrical, plumbing, and heating systems which comply with the Uniform Building Codes of North Richland Hills. MODEL DWELLING UNIT A single-family dwelling in a developing subdivision located on a legal lot of record that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built in the same subdivision. MOTORCYCLE A usually two-wheeled self-propelled vehicle having one or two saddles or seats, and may have a sidecar attached. For purposes of this ordinance, motorbikes, motorscooters, mo-peds, and similar vehicles are classified as motorcycles. MOTOR FREIGHT TERMINAL A motor freight terminal is a building or brought by motor truck is assembled and/or interstate and intrastate commerce by motor terminal is a truck terminal. area stored truck. in which freight for shipping in A motor freight MOTOR VEHICLE Any vehicle designed to carry one or more persons which is propelled or drawn by mechanical power, such as automobiles, trucks, motorcycles, and buses. NATURAL OR ARTIFICIAL BARRIER Means any river, pond, canal, railroad, levee, embankment, or fence or hedge which prohibits a view of the use from the outside. NET LAND AREA All privately owned property embraced within the outer perimeter property lines, not including dedicated public streets. Dedicated rights-of-way for open space, drainage or access, approved private streets or dedicated easements which can be used by the land occupants for private purposes shall be included in net land area. Where land is dedicated for future opening or widening of a public street such land shall not be computed as net land area. 27 NONCONFORMING BUILDING A building, structure, the height, area or lawfully existed at the conform became effective. or portion thereof which does not yard regulations of this Chapter time the regulations with which conform to and which it does not NONCONFORMING USE A building, structure or use of land lawfully occupied at the time of the effective date of this ordinance or amendments thereto, and which does not conform to the use regulations of the district in which it is situated. NOXIOUS MATTER Noxious matter is a living organisms by detrimental effects comfort of humans. material chemical upon the which is reaction physical capable of causing injury to or is capable of causing or economic well-being or NURSING AND CARE HOME An institution providing meals and resident care persons who are generally admitted for periods of days. Such service includes custodial or attendant may not provide for routine and regular medical and Nursing and care homes include homes for the aged, and rest homes. and services for time exceeding 30 care, but mayor nursing services. and convalescent OCCUPANCY The use or intended use of the land or buildings by proprietors, or tenants. ODOR THRESHOLD The concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve of a normal person. Determination of the Odor Threshold is prescribed by A.S.T.M. D1391-57, Standard Method for Measuring Odor in Atmosphere. OFFICE A room, studio, suite, or building or any part thereof in which a person transacts his business or carries on his stated occupation. For the purposes of the ordinance, an office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair, or storage of materials, goods or products; or the sale and delivery of any materials, goods or products which are physically located on the premises. An office shall not be deemed to include a veterinary clinic. 28 OFF-STREET Off the right-of-way of a public street or place. OFF-STREET PARKING INCIDENTAL TO MAIN USE Off-street' parking spaces provided in accordance with requirements specified by this ordinance and located on the lot or tract occupied by the main use, on an immediately adjacent lot or tract, or on an immediately adjacent lot or tract across an alley or a street and located within the same zoning district as the main use or a zoning district which would permit the establishment of the main use or a commercial parking lot or structure, or within an adjacent parking district. OFF-STREET PARKING SPACE An enclosed or unenclosed area, not on a public street or alley, established for or used for the parking of a motor vehicle. OPENINGS FOR LIGHT AND AIR Any window, window wall or glass panel located in the building, but not including doors which are used only for ingress and egress. OPEN SPACE Area included in· any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches and plant material. OPEN STORAGE Storage of any equipment, machinery, commodities, raw or semifinished materials, and building materials, not accessory to a residential use which is visible from any point on the building lot line when viewed from ground level to six (6) feet above ground level. PARK OR PLAYGROUND (public) An open recreation facility or park owned or operated by a public agency such as the Municipal Park Department or School Board and available to the general public; or the temporary or seasonal use of open land as a play area or recreation area which is authorized, sanctioned or approved by the City of North Richland Hills. PARKING AREA An open, unoccupied space used or required for use of parking of vehicles exclusively and in which no gasoline or vehicular accessories are sold or no other business is conducted and no fees are charged. 29 PARKING AREA, SEMI-PUBLIC An open area other than a street, alley, or place, used for temporary parking of more than four (4) self-propelled vehicles as an accessory use to semi-public institutions, schools, churches, hospitals and non- commercial clubs. PARKING AREA, PUBLIC Any open area other than a street, alley, or place, used for the temporary parking of more than four self-propelled vehicles and available for public use as an accommodation for clients or customers. PARKING LOT An open surface area used exclusively for the temporary storage of motor vehicles and within which motor fuels and oils may be sold and fees charged, but no vehicles are to be equipped, repaired, rented or sold. PARKING LOT STRUCTURE, COMMERCIAL (auto) An area or structure devoted to the parking or storage of automobiles for a fee. May include, in the case of a parking structure only, a facility for serv1.c1.ng of automobiles provided such facility is primarily an internal function for use only by automobiles occupying the structure and creates no special problems of ingress and egress. PARKING LOT, TRUCK Facility for parking or storage of currently licensed trucks. PARKWAY That public property situated between the curb or edge of a street and the property line of the land adjacent. PERFORMANCE STANDARDS The standards specified industrial uses related to matter, fire and explosion vibration and storage. for the operating characteristics of noise, smoke, particulate matter, odorous hazard, toxic and noxious matter, glare, PERGOLA A space open on three sides and partially covered on top with beams, lattice, or similar skeleton structure supported on posts, pillars, or columns. 30 PERSONAL SERVICES Retail establishment specilizing in an individual personal service, e.g. health spa, tailor shop (not including barber or beauty shop). PLANNED DEVELOPMENT (PD) Development of land which is under unified control and is planned and developed as a whole in a single development operation or programmed series of development, and which includes streets, utilities, lots, or building sites, and which indicates all structures and their relationship to each other and to adj acent uses and improvements, as well as open spaces. A Planned Development may consist of dwelling units and detached, semi- detached, attached, or multi-family structures or any combination thereof and may also include non-residential uses such as religious, cultural, recreational, commercial, or industrial uses, compatibly and harmoniously incorporated into the unitary design of the Planned Development. PLANNING AND ZONING COMMISSION Appointed by the City Council as an advisory body and authorized to recommend changes in the zoning. PLAT A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the City of North Richland Hills and subj ect to approval by the Planning and Zoning Commission. Reference to a plat in this ordinance means an official plat of records approved by the Planning and Zoning Commission and filed in the plat records of Tarrant County. PLAYFIELD OR STADIUM (public) An athletic field or stadium owned or operated by a public agency for the general public, including a baseball field, golf course, football field or stadium. PORCH A roofed space open on three sides; one or more stories in height. PREMISES A lot, together with all buildings and structures thereon. 31 PRIVATE OR PAROCHIAL SCHOOL An institution of learning having a curriculum equivalent to public schools, providing care, training, education, custody, or supervision for twelve or more children who are not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the twenty-four hour day, whether or not the facility is operated for profit, and whether or not the facility makes a charge for the service offered by it; provided however, that this does not include specialty schools, such as dancing, music, beauty, mechanical, trade, swimming, or commercial schools. PRIVATE STABLES A stable with horses which are used by residents of the premises and are not for hire, and are maintained in conformity and compliance with all Federal, State and local health and other police regulations. PROMOTIONAL EVENT A promotional event consists of carnivals, circus or similar temporary amusement enterprises produced for a shopping center, maj or business, public or semipublic use. PUBLIC BUILDING, SHOP OR YARD OF LOCAL, STATE OR FEDERAL GOVERNMENT Facilities such as required by branches to an area such as Experiment Station. office buildings, maintenance yards or shops of Local, State or Federal Government for service Highway Department yard, City Service Center of RADIO, TELEVISION OR MICROWAVE TOWERS Structures supporting antenna for transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antenna installations for home use of radio or television. RECREATIONAL SPACE Outdoor space which is condition to afford recreational pursuits recreation rooms or development. made available and occupants space to the exclusion buildings available maintained in a for passive and of all other uses to all occupants suitable active and/or of the RECREATIONAL VEHICLE A vehicular, portable structure built on a used as a temporary dwelling, self-propelled motor vehicle, without a special permit. chassis, or to be designed to be towed behind a 32 RECYCLING COLLECTION FACILITY A facility designed mechanical processes, plant. to collect, sort and package, recyclable items for transport to by manual or a reprocessing RESIDENCE HOME FOR AGED Any property zoned for the development of dwelling units. RESIDENTIAL ZONED A single family and two family zoned subdivision or area. RESTAURANT A business serving food to customers inside the building while occupying seating provided for customers. RIDING CLUB A paddock, club house and stable for quartering, training and riding horses; the facilities of which are restricted to a specific membership and not available to the general public. SCHOOL, BUSINESS A business organized to operate for a profit and offering instruction and training in a service or art such as secretarial school, barber college, beauty school or commercial art school, but not including manual trade school. SCHOOL, COMMERCIAL TRADE A business organized to operate and training in a trade such operation and similar trades. for a profit and offering instruction as welding, brick laying, machinery SCHOOL, PUBLIC OR DENOMINATIONAL A school having an academic curriculum. SCREENING DEVICE A screening device shall consist of a barrier of stone, brick, pierced brick or block, uniformly colored wood, or other permanent material of equal character, density, and acceptable design, at least six (6) feet in height, where the solid area equals at least sixty-five (65) per cent of the wall surface, including an entrance gate or gates. Such screening device shall be continuously maintained. 33 SECONDHAND MERCHANDISE: DEALERS OR STORAGE (screened) The keeping, handling, storage or use of furniture, appliances and/or other merchandise or goods for sale or display. Secondhand merchandise is defined as an item which has previously been sold at the wholesale or retail level or previously used by an individual or business. SERVANTS 1 QUARTERS An accessory building or portion of the main building located on the same lot as the main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate dwelling, and shall not have kitchen facilities or separate utility meters. SHOPPING CENTER A group of commercial establishments which is planned, developed, owned, and managed as a unit related in its location, size and type of shops to the trade area that the unit serves. SITE PLAN A detailed line drawing clearly describing the proj ect and showing the following information: Drawn to scale showing scale used, north arrow, date and title of project. Property lines, location and widths of all streets, alleys and easements. Proper dimensions on all fundamental features such as lot, buildings, parking spaces, landscaped areas. The location of setback lines, driveway openings and sidewalks. All proposed buildings, free-standing sign locations, parking areas and open-space. All required landscaping, together with a description of type of material to be used. A cross section of any required or proposed screening. Total square footage of the development lot; total square footage of proposed structures; total footage of landscaped areas; total percentage of coverage; density or floor area ratio where applicable; height of all structures; number of parking spaces; square footage and design features of all signs; garbage collection facilities. Name, address and telephone number of the proponent. SMOKE The visible discharge of particulate matter from chimney, vent, exhaust, or combustion process. 34 SPOT ZONING A small parcel of land that is zoned in a district by itself, differing from surrounding parcels. STABLE, PUBLIC A stable other than a private or riding stable. STABLE, RID ING A structure in which horses or mules used for pleasure riding or driving are housed, or kept for hire; including a riding track. STORY That portion of a building included between the surface of any floor and the surf ace of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it. STORY, HALF A space under a sloping roof at the top of a building, the floor of which is not more than two feet below the plate, shall be counted as a half-story when not more than sixty (60) percent of said floor area is used for rooms, ba.ths, or toilets. A half-story containing an independent apartment, or living quarters shall be counted as a full story. STORY, STANDARD One having eleven feet, six inches (11'6") or less between floors. STREET Any thoroughfare or public driveway, other than an alley, and more than thirty (30) feet in width, which has been dedicated or deeded to the public for public use. STREET LINE A dividing line between a lot, tract or parcel of land and contiguous street. STREET WIDTH The horizontal distance between the side lines of a street, measured at right angles to the side lines. 35 STRUCTURE Anything constructed or erected, the use of which on the ground. or attached to something having ground, including but without limiting the foregoing, advertising signs, billboards, back courts, fences or pergolas. requires a a location generality stops for location on the of the tennis STRUCTURAL ALTERATIONS Any change in the supporting or structural members of including but not limited to bearing walls, columns, beams or any substantial change in the roof or in exterior walls. a building or girders, SUBSTANTIAL IMPROVEMENT For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not. however. include either: I. Any project for improvement of a structure to comply with existing or local health, sanitary. or safety code specifications which are solely necessary to assure safe living conditions; or, 2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. SWIMMING POOL (commercial) A swimming pool with accessory facilities, not part of the municipal or public recreational system and not a private swim club, but where the facilities are available to the general public for a fee. SWIMMING POOL (private) A swimming pool constructed for the exclusive use of the residents of a one-family, two-family or multiple-family dwelling and located and fenced in accordance with the regulations of the City of North Richland Hills. A private swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners. TAVERN OR LOUNGE An establishment, the primary activity of which is the sale and consumption on the premises of beer. wine or other liquors and where food service. if any, is secondary to the sale of beer, wine and other liquors. 36 TEMPORARY FIELD OR CONSTRUCTION OFFICE A structure for shelter, subject to removal by order of the Building Inspector, used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment. TOWNHOUSE (Sometimes referred to as Row House) . A single-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adj acent dwelling or dwellings by party walls or are located immediately adjacent thereto with no visible separation between walls or roof. TOWNHOUSE PROJECT A townhouse development or plan which is submitted and approved by a single special permit and which is laid out on contiguous land, uninterrupted by intervening public streets. TOXIC MATERIALS Toxic materials are those materials which l.nJury to living organisms by chemical relatively small amounts. are capable means when of causing present in TOXIC AND NOXIOUS MATTER Any solid, liquid, or gaseous matter which is present quantities to endanger health, safety, or comfort of vicinity or which may cause injury or damage to property. in sufficient persons in the TRAILER, HOUSE (see mobile home) USE The purpose intended, or maintained. for which land or a for which land or a building is building is arranged, or may be designed or occupied or USED CAR LOTS A lot or portion thereof to be used only for the display and sale of automobiles that are in condition to be driven on or off the lot. A used car lot shall not be used for the storage of wrecked automobiles, or the dismantling of automobiles, or the storage of automobile parts. 37 USES BY RIGHT Those uses permitted by the zoning ordinance in the various zoning districts. USE RESTRICTIONS Restrictions on the possible uses of real estate in a designated area. USED CAR SALES AREA Any open area, other than a street, alley, or public place, used for the display and sale of used automobiles and where no repair work is done, except the necessary reconditioning of the cars to be displayed and sold on the premises. VARIANCE An adjustment in the application of the specific regulations of the Zoning Ordinance to a particular parcel of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. VETERINARIAN'S OFFICE (no hospital) A facility for the prevention, treatment, minor surgery, cure or alleviation of disease and/or injury in animals, specifically domestic animals, with all care provided on an out-patient treatment basis only. No over-night boarding of animals shall be allowed. VISUAL SCREEN A visual screen is a wall not of living plant material permanently affixed to the ground in which the area of all openings and cracks in each square foot of wall and entrance gates shall not exceed fourteen (14) square inches, and the wall is of sufficient height so that the objects being screened are not visible from any point on the lot line when viewed from any height between ground level and seven (7) feet above ground level. No wall shall exceed ten (10) feet in height. YARD An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward except for fences and walls. 38 ZONING Control on the use and development of land, whether improved or not, for the supposed benefit of citizens in the community and the public welfare. This control is accomplished in two ways: restrictions and development standards (See Use Restrictions; see Development Standards). ZONING DISTRICT MAP The official certified map upon which the boundaries of the various Zoning Districts are drawn and which is an integral part of the Zoning Ordinance. ZOO (private) A facility housing privately owned and other enterprise. and displaying live animals, reptiles or birds, operated for a fee or for the promotion of some ZOO (public) A publicly owned zoo or similar a nonprofit zoological society where are domiciled and displayed. facility owned live animals, and birds operated by and reptiles 39 SECTION IV R-1 SINGLE FAMILY DISTRICT 4. 1 PURPOSE The R-l District is intended to permit the low density development of detached single family dwelling units. When combined with PD (Planned Development) a wider variety of use may be permitted. 4.2 PERMITTED USES The following are the only permitted uses within the R-l district and are subject to the general conditions of this section and such other sections as are applicable: 4.2.1 Single family detached dwelling units 4.2.2 Public parks and playgrounds 4.3 PD (PLANNED DEVELOPMENT) USES 4.3.1 Recreational facilities in conjunction with residential 4.3.2 4.3.3 4.3.4 4.4 CONDITIONAL USES uses. Golf courses Country clubs Private lakes and/or canals Churches, public schools, fire stations, water wells, water storage and pumping facilities subject to the following conditions: 4.4.1 4.4.2 Fences: See Sec. XXIV, subsec. 24.13. A minimum of ten (10) percent landscaped open space shall be required for every conditional use. 40 4.5. GENERAL CONDITIONS 4.5.1 Lot area requirements: (a) Minimum lot area: Every lot within the R-l district shall be at least thirteen thousand (13,000) square feet in area. 4.5.2 4.5.3 (b) Minimum lot width: Every lot within the R-l district shall be at least eighty-five (85) feet in width measured at the front building line. (See sec. XXIV for lot widths of irregular and/or cul-de-sac lots) (c) Minimum lot depth: Every lot within the R-l district shall be at least one hundred twenty (120) feet average depth. Minimum dwelling unit size: See Sec. XXIV Building line requirements: (a) Minimum front building line: There shall be a front building line of at least twenty-five (25) feet. (b) Minimum side building line: There shall be a side building line of at least seven (7) feet on each side of the building. This shall be measured from the property side wall line. The of the building side building to the nearest exterior nearest line of corner lots adjacent to a side street shall be at least twenty (20) feet. The side building line of corner lots having adjoining structures fronting on two (2) 41 4.5.4 4.5.5 4.5.6 4.5.7 adjacent property lines shall be at least thirty (30) feet. (c) Minimum rear building line: There shall be a rear building line established by using the formula of: twenty percent (20%) of the lot area must be behind the rear wall of the structure. However; in no case shall the rear building line be closer than ten (10) feet to the rear lot line or closer than five (5) feet of an easement. Height restrictions: No building shall exceed thirty-eight (38) feet in height. Fences: See Sec. XXIV subsec. 24.13. Parking: Off-street parking space shall be provided on the lots to accommodate four (4) cars for each dwelling unit. At least two of such spaces shall be covered; however, no supporting member of any garage, carport or other automobile storage structure shall be located within the required front building line. Accessory buildings: A permanent accessory buildings requiring a foundation, including tool sheds and green- houses, shall be permitted only in rear yard which exceed the minimum rear yard requirement. (Portable type buildings not to exceed then (10) feet in height and two hundren (200) square feet in area may be allowed in the rear yard.) Accessory buildings shall not be used for commercial purposes and shall be subject to the provisions of Sec. XXIV, subsec. 24.7. 42 Customary home occupations: The following home occupations may be allowed unless they become judged detrimental or injurious to the adjoining property by the City Enforcement Officer: (a) musician (b) care of not more than four (4) children not related by blood, marriage or adoption (c) dressmaking (d) washing and ironing (e) limited sales of household cleaning products, cosmetics and jewelry 4.6. PD PLANNED DEVELOPMENT CONDITIONS 4.5.8 PD uses shall be subject to R-1 general conditions (see Sec. IV, subsec. 4.5) with exception of minimum lot area and minimum building lines which will be imposed by the site plan and the ordinance adopting said site plan. 43 SECTION V R-2 SINGLE FAMILY DISTRICT 5.1 PURPOSE The R-2 District is intended to permit the low density development of detached single family dwelling units. When combined with PD (Planned Development) a wider variety of use may be permitted. 5.2 PERMITTED USES The following are the only permitted uses within the R-2 district and are subject to the general conditions of this section and such other sections as are applicable: 5.2.1 Single family detached dwelling units 5.2.2 Public parks and playgrounds 5.2.3 All uses of R-1 district 5.3 PD (PLANNED DEVELOPMENT) USES 5.3.1 Recreational facilities in conjunction with residential uses. 5.3.2 5.3.3 5.3.4 Golf courses Country clubs Private lakes and/or canals 5.4 CONDITIONAL USES Churches, public schools, fire stations, water wells, water storage and pumping facilities subject to the following conditions: 5.4.1 Fences: See Sec. XXIV subsec. 24.13 44 A minimum of ten (10) percent landscaped open space shall be required for every conditional use. 5.5 GENERAL CONDITIONS 5.4.2 5.5.1 5.5.2 5.5.3 Lot area requirements: (a) Minimum lot area: Every lot within the R-2 district shall be at least nine thousand (9,000) square feet in area. (b) Minimum lot width: Every lot width within the R-2 district shall be at least seventy (70) feet in width measured at the front building line. (See Sec. XXIV for lot widths of irregular and/or cul-de-sac lots) (c) Minimum lot depth: Every lot within the R-2 district shall be at least one hundred ten (110) feet average depth. Minimum dwelling unit size: See Sec. XXIV Building Line Requirements: (a) Minimum front building line: There shall be a front building line of at least twenty-five (25) feet. (b) Minimum side building line: There shall be a side building line of at least six ( 6) feet on each side of the building. This shall be measured from the nearest exterior side wall of the building to the nearest property line. The side building line of corner lots adjacent to a side street shall be at least twenty (20) feet. The side building line of corner lots having adjoining structures fronting on two adjacent property lines shall be at least twenty-five (25) feet. 45 5.5.4 5.5.5 5.5.6 5.5.7 - (c) Minimum rear building line: There shall be a rear building line established by using the formula of: twenty percent (20%) of the lot area must be behind the rear wall of the structure. However, in no case shall the rear building line be closer than ten (10) feet to the rear lot line or closer than five (5) feet of an easement. Height restrictions: No building shall exceed thirty-eight (38) feet in height. Fences: See Sec. XXIV subsec. 24.13. Parking: Off-street parking spaces shall be provided on the lots to accommodate four cars for each dwelling unit. At least two (2) such spaces shall be covered; however no supporting member of any garage, carport or other automobile storage structure shall be located within the required front building line. Accessory buildings: Permanent type accessory buildings requiring foundations, including tool sheds and greenhouses, shall be permitted only in rear yards which exceed the minimum rear yard requirement. (Portable type buildings not to exceed ten (10) feet in height and two hundred (200) square feet in area may be allowed in rear yard.) Accessory buildings shall not be used for commercial purposes and shall be subject to the provisions of Sec. XXIV subsec 24.7. 46 Customary home occupations: The following home occupations may be allowed unless they become judged detrimental or injurious to the adjoining property by the City Enforcement Officer: (a) musician (b) care of not more than four (4) children not related by blood, marriage or adoption (c) dressmaking (d) washing and ironing (e) limited sales of household cleaning products, cosmetics and jewelry 5.6 PD (PLANNED DEVELOPMENT) CONDITIONS 5.5.8 PD uses shall be subject to R-2 general conditions (see Sec. V subsec 5.5) with exception of minimum lot area and minimum building lines which will be imposed by the site plan and the ordinance adopting said site plan. 47 - SECTION VI R-3 SINGLE FAMILY DISTRICT 6.1 PURPOSE The R-3 District is intended to permit the low density development of detached single family dwelling units. When combined with PD (Planned Development) a wider variety of uses may be permitted. 6.2 PERMITTED USES The following are the only permitted uses with the R-3 district and are subject to the general conditions of this section and such other sections as are applicable: 6.2.1 Single family detached dwelling units 6.2.2 Public parks and playgrounds 6.2.3 All uses of R-2 6.3 PD (PLANNED DEVELOPMENT) USES 6.3.1 Recreational facilities in conjunction with residential 6.3.2 6.3.3 6.3.4 6.4 CONDITIONAL USES uses. Golf courses Country clubs Private lakes and/or canals Churches, public schools, fire stations, water wells, water storage and pumping facilities subject to the following conditions: 6.4.1 6.4.2 Fences: See Sec. XXIV subsec. 24.13. A minimum of ten (10) percent landscaped open space shall be required for every conditional use. 48 6.5.1 6.5 GENERAL CONDITIONS 6.5.2 6.5.3 Lot area requirements: (a) Minimum lot area: Every lot within the R-3 district shall be at least seven thousand five hundred (7,500) square feet in area. (b) Minimum lot width: Every lot width within the R-3 district shall be at least sixty-five (65) feet in width measured at the front building line. (c) Minimum lot depth: Every lot within the R-3 district shall be at least one hundred (100) feet average depth. Minimum dwelling unit size: See Sec. XXIV Building line requirements: (a) Minimum front building line: There shall be a front building line of at least twenty (20) feet. (b) Minimum side building line: There shall be a side building line of at least six (6) feet on each side of the building. This shall be measured from the nearest exterior side wall of the building to the nearest property line. The side building line of corner lots adj acent to a side street shall be at least twenty (20) feet. The side building line of corner lots having adjoining structures fronting on two (2) adjacent property lines shall be at least twenty (20) feet. (c) Minimum rear building line: There shall be a rear building line established by using the formula of: twenty percent (20%) of the lot area must be behind the 49 6.5.4 6.5.5 6.5.6 6.5.7 6.5.8 rear wall of the structure. However, in no case shall the rear building line be closer than ten (10) feet to the rear lot line or closer than five (5) feet of an easement. Height restrictions: No building shall exceed thirty-eight (38) feet in height. Fences: See Sec. XXIV subsec. 24.13. Parking: Off-street parking spaces shall be provided on the lots to accommodate four cars for each dwelling unit. At least two (2) such spaces shall be covered; however no supporting member of any garage, carport or other automobile storage structure shall be located within the required front building line. Accessory buildings: Permanent accessory buildings requiring foundations, including tool sheds and greenhouses, shall be permitted only in rear yards which exceed the minimum rear yard requirement. (Portable type buildings not to exceed ten (10) feet in height and two hundred (200) feet in area may be allowed in rear yards.) Accessory buildings shall not be used for commercial purposes and shall be subject to the provisions of Sec. XXIV subsec 24.7. Customary home occupations: The following home occupations may be allowed unless they become judged deterimental or 50 injurious to the adjoining property by the City Enforcement Officer: (a) musician (b) care of not more than four (4) children not related by blood, marriage or adoption (c) dressmaking (d) washing and ironing (e) limited sales of household cleaning products, cosmetics and jewelry. 6.6 PD (PLANNED DEVELOPMENT) CONDITIONS PD uses shall be subject to R-3 general conditions with exception of minimum lot area and minimum building lines which will be imposed by the site plan and the ordinance adopting said site plan. 51 SECTION VII R-4-SD SEPARATE OWNERSHIP DUPLEX DISTRICT 7.1 PURPOSE The R-4-SD District is intended to permit the medium density development of attached separate ownership duplex dwelling units. When combined with PD (Planned Development) a wider variety of use may be permitted. 7.2 PERMITTED USES The following are the only permitted uses within the R-4-SD district and are subject to the general conditions of this section and such other sections as are applicable. 7.2.1 Duplex type dwelling (separate ownership per living unit). 7.2.2 Public parks and playgrounds 7.3 PD (PLANNED DEVELOPMENT) USES 7.3.1 Recreational facilities in conjunction with residential uses. 7.3.2 7.3.3 Golf courses Country clubs 7.4 CONDITIONAL USES Churches, public schools, fire stations, water wells, water storage and pumping facilities subject to the following conditions: 7.4.1 Fences: See Sec. XXIV subsec. 24.13. 7.4.2 A minimum of ten (10) percent landscaped open space shall be required for every conditional use. 52 7.5 GENERAL CONDITIONS 7.5.1 Districts area requirements: (a) Minimum area of district: Every parcel of land within this district shall be at least one (1) acre in area (except where a parcel of land is contiguous with like zoning; then the minimum area shall be as approved by the Planning and Zoning Commission and City Council). (b) Minimum frontage: Every parcel of land within this district shall have at least fifty (50) feet of frontage on a public street. Lot area requirements: 7.5.2 7.5.3 (a) Minimum lot area: Every lot within the R-4-SD district shall be at least three thousand five hundred (3,500) square feet in area per living unit.. (b) Minimum lot width: Every lot width within this district shall be at least thirty-five (35) feet in width, per living unit measured at the front building line. (See Sec. XXIV subsec. 24.18 for lot widths of irregular and/or cul-de-sac lots) (c) Minimum lot depth: Every lot within this district shall be at least one hundred (100) feet average depth. Minimum dwelling unit size: Every dwelling unit hereafter erected, reconstructed, or altered in this district shall have a floor area of at least one thousand (1,000) square 53 7.5.4 7.5.5 7.5.6 feet per living unit exclusive of breezeways, basements, open and enclosed porches, common corridors, parking area, garages and accessory building. Building line requirements: (a) Minimum front building line: There shall be a front building line of at least twenty (20) feet. (b) Minimum side building line: There shall be a side building line of at least six (6) feet on each side of the building. This shall be measured from the nearest exterior side wall of the building to the nearest property line. The side building line of corner lots adjacent to a side street shall be at least twenty (20) feet. The side building line of corner lots having adjoining structures fronting on two adjacent property lines shall be at least twenty (20) feet. (c) Minimum rear building line: There shall be a rear building line established by using the formula of: twenty percent (20%) of the lot area must be behind the rear wall of the structure. However, in no case shall the rear building line be closer than ten (10) feet to the rear lot line or closer than five (5) feet of an easement. Height restrictions: No building shall exceed thirty-eight (38) feet in height. Fences: See Sec. XXIV subsec. 24.13. 54 7.5.7 7.5.8 7.5.9 Parking: Off-street parking spaces shall be provided on the lots to accommodate two (2) cars for each dwelling unit. At least one (1) such spaces shall be covered; however no supporting member of any garage, carport or other automobile storage structure shall be located within the required front building line. Accessory buildings: Permanent accessory buildings requiring foundations, including tool sheds and greenhouses, shall be permitted only in rear yards which exceed the minimum rear yard requirement. (Portable type buildings not to exceed ten (10) feet in height and two hundred (200) feet in area may be allowed in rear yards.) Accessory buildings shall not be used for commercial purposes and shall be subject to the provisions of Sec. XXIV subsec. 24.6. Customary home occupations: The following home occupations may be allowed unless they become judged deterimental or injurious to the adjoining property by the City Enforcement Officer: (a) musician (b) care of not more than four (4) children not related by blood, marriage or adoption (c) dressmaking (d) washing and ironing (e) limited sales of household cleaning products, cosmetics and jewelry. 55 - 7.6 PD (PLANNED DEVELOPMENT) CONDITIONS PD uses shall be subject to R-4-SD district general conditions with the exception of minimum lot area and minimum building lines which will be imposed by the site plan and the ordinance adopting said site plan. ; 56 SECTION VII I R-5-D DUPLEX DWELLING DISTRICT 8.1 PURPOSE The R-5-D District is intended to permit the medium density development of attached multifamily residential dwelling units having land use controls similar to the Single Family District. This district may be combined with the PD (Planned Development) to provide for grouping of living units to vary open space areas and community recreational areas. 8.2 PERMITTED USES The following are the only permitted uses within the R-5-D district and are subj ect only to the General Conditions of this section and such other sections as are applicable: 8.2.1 Duplex type dwelling units 8.2.2 Public parks and playgrounds 8.3 PD (PLANNED DEVELOPMENT) USES 8.3.1 Reserved 8.3.2 Recreational facilities in conjunction with residential uses 8.3.3 8.4 CONDITIONAL USES Golf courses Churches, public schools, fire stations. water wells, water storage and pumping facilities as well as civic clubs, fraternal organizations and lodges shall be allowed subject to the following conditions: 8.4.1 Fences: See Sec. XXIV subsec. 24.13. 57 8.4.2 8.4.3 A minimum of ten (10) percent landscaped open space shall be required for every conditional use. There shall be no alcoholic beverage sale. 8.5.1 8.5 GENERAL CONDITIONS 8.5.2 8.5.3 District area requirements: (a) Minimum area of district: Every parcel of land within this district shall be at least one (1) acre in area (except where a parcel of land is contiguous with like zoning; then the minimum area shall be as approved by the Planning and Zoning Commission and City Council. (b) Minimum frontage: Every parcel of land within this district shall have at least fifty (50) feet of frontage on a public street. Area requirements: (a) Minimum lot area: Every lot within this district shall be at least seven thousand (7,000) square feet in area. (b) Minimum lot width: Every lot width within this district shall be at least seventy (70) feet in width measured at the front building line. (See Sec. XXIV for lot widths of irregular and/or cul-de-sac lots) (c) Minimum lot depth: Every lot within the district shall be at least one hundred (100) feet average depth. Minimum dwelling unit size: Every dwelling unit hereafter erected, reconstructed, or altered in this district shall 58 8.5.4 8.5.5 have a floor area of at least one thousand (1,000) square feet per living unit exclusive of breezeways, basements, open and enclosed porches, common corridors, parking area, garages and accessory buildings. Building line requirements: (a) Minimum front building line: There shall be a front building line of at least twenty (20) feet. (b) Minimum side building line: There shall be a side building line of at least six (6) feet on each side of the building. This shall be measured from the nearest exterior side wall of the building to the nearest property line. The side building line of corner lots adjacent to a side street shall be at least twenty (20) feet. The side building line of corner lots having adjoining structures fronting on two adjacent property lines shall be at least twenty (20) feet. (c) Minimum rear building line: There shall be a rear building line established by using the formula of: twenty percent ( 20%) of the lot area must be behind the rear wall of the structure. However, in no case shall the rear building line be closer than ten (10) feet to the rear lot line or closer than five (5) feet of an easement. Height restrictions: No building shall exceed thirty-eight (38) feet in height. 59 8.5.6 8.5.7 8.5.8 8.5.9 8.5.10 8.5.11 Fences: See Sec. XXIV subsec. 24.13. Parking: Off-street parking spaces shall be provided on the lots to accommodate Two (2) cars for each living unit of which one (1) must be covered. Signs: Subject to the city sign ordinance. Accessory buildings: accessory buildings Permanent requiring foundations, including tool sheds and greenhouses, shall be permitted only in rear yards which exceed the minimum rear yard requirement. (Portable type buildings not to exceed ten (10) feet in height and two hundred (200) feet in area may be allowed in rear yards.) Accessory buildings shall not be used for commercial purposes and shall be subject to the provisions of Sec. XXIV subsec 24.6. Access: Each lot shall have two (2) driveways with exterior driveways. Customary home occupations: The following home occupations may be allowed unless they become judged deterimental or injurious to the adjoining property by the City Enforcement Officer: (a) musician (b) care of not more than four (4) children not related by blood, marriage or adoption (c) dressmaking 60 (d) washing and ironing (e) limited sales of household cleaning products, cosmetics and jewelry. 8.6 PD (PLANNED DEVELOPMENT) CONDITIONS 8.6.1 PD uses shall be subject to R-5-D general conditions. with exception of minimum lot area and minimum building lines, which will be imposed by the site plan and the ordinance adopting said site plan. 61 SECTION IX R-6-T TOWNHOUSE AND GARDEN HOME DISTRICT 9.1 PURPOSE The R-6-T District is intended to permit a more dense single family residential character by providing minimum standard for lot area, yards, lot coverage and lot frontage. This classification creates a district that is being recognized as a form of housing in the City, and provides standards which will protect and encourage various types of single family dwellings in the City. This district may be combined with PD (Planned Development) to provide for a wider variety of uses. 9.2 PERMITTED USES The following are the only permitted uses within the R-6-T dwelling district and are subject to the general conditions of the section and such other sections as are applicable: 9.2.1 Townhouse dwelling units 9.2.2 Garden house dwelling units 9.2.3 Public parks and playgrounds 9.2.4 City and utility uses 9.2.5 Churches 9.2.6 Public schools 9.3 PD (PLANNED DEVELOPMENT) USES 9.3.1 Recreational facilities in conjunction with ,residential uses. 9.3.2 9.3.3 Golf courses Private lakes 62 9.3.4 9.3.5 9.3.6 - Private clubs Compatible uses of LR and 0 districts Single family detached residential uses. 9.4.1 9.4 GENERAL CONDITIONS 9.4.2 9.4.3 District area requirements: (a) Minimum area of district; Every parcel of land within the R-6-T district shall be at least four (4) acres in area. (Except where a parcel of land is contiguous with existing R-6-T zoning; then the minimum shall be as approved by the Planning and Zoning Commission and City Council) (b) Minimum frontage: Every parcel of land within the R-6-T district shall have at least one hundred (100) feet of frontage on a public street. Lot area requirements: (a) Minimum lot area: Every lot within the R-6-T district shall be at least three thousand square feet in area. (b) Minimum lot width: Every lot width within the R-6-T district shall be at least twenty (20) feet in width measured at the front building line. Minimum dwelling unit size: Every dwelling unit hereafter erected, reconstructed, or altered in this district shall have a floor area of at least feet for each living unit basements, open and enclosed one thousan~ (1,000) square exclusive of breezeways, porches, common corridors, parking area, garages and accessory buildings. 63 9.4.4 9.4.5 9.4.6 9.4.7 9.4.8 9.4.9 9.4.10 9.4.11 9.4.12 Building line requirements: (a) Minimum front building line: There shall be a front building line of at least fifteen (15) feet. (b) Minimum side building line: None except when a lot line abuts a R-1, R-2 or R-3 residential district then there shall be a side yard of at least fifteen (15) feet. (c) Minimum rear yard: None, except when lot line abuts a R-1, R-2, or R-3 residential district then there shall be a rear yard of at least twenty (20) feet. Maximum lot coverage: The ground floor area of main building and accessory buildings shall not cover more than sixty (60) percent of the lot area. Height restrictions: No building shall exceed thirty-eight (38) feet in height. Reserved Parking: Off-street parking spaces shall be provided on the lots to accommodate two (2) cars for each living unit. At least one (1) such space shall be covered; however no support member of any garage, carport or other storage structure shall be located within the required front yard. Signs: Subject to city sign ordinances. Access: As approved by the City City Enforcing Officer. Reserved Accessory buildings: requiring foundations, including tool sheds and greenhouses, buildings 64 Permanent accessory 9.4.13 shall be permitted only in rear yards which exceed the minimum rear yard requirement. (Portable type buildings not to exceed ten (10) feet in height and two hundred (200) feet in area may be allowed in rear yards.) Accessory buildings shall not be used for commercial purposes and shall be subject to the provisions of Sec. XXIV subsec 24.6. Customary home occupations: The following home occupations may be allowed unless they become judged deterimental or injurious to the adjoining property by the City Enforcement Officer: (a) musician (b) care of not more than four (4) children not related by blood, marriage or adoption (c) dressmaking (d) washing and ironing (e) limited sales of household cleaning products, cosmetics and jewelry. 9.5 ZONING REQUEST SUBMISSION REQUIREMENTS Zoning request for this district must include as a minimum proposed front elevation of buildings, a site plan showing proposed sizes for each lot, building lines for each lot, parking for each lot, access to public streets, proposed areas for refuse containers and a survey of the tract. Survey may not be more than one year old. 65 9.6 PD (PLANNED DEVELOPMENT) CONDITIONS PD uses shall be subject to R-6-T general conditions, provided however, the following R-6-T general conditions shall not apply except as specifically imposed by the site plan and ordinance adopting said site plan. (a) Minimum lot area (b) Building line requirements (c) Lot coverage 66 SECTION X R-7-MF - MULTIFAMILY DISTRICT 10.1 PURPOSE The R-7-MF District is intended to permit medium density multifamily dwell- ing units. The district may be combined with a PD (Planned Development) district to provide for a grouping of dwelling units to achieve larger open space areas, community recreation areas and to provide for certain local business and office uses which may be deemed compatible with multifamily uses through the use of an approved site plan. Density within this district shall not exceed sixteen (16) living units per acre (except as may be granted when combined with a PD District). 10.2 PERMITTED USES The following are the only permitted uses within the R-7-MF dwelling dis- trict and are subject to the general conditions of this section and such other sections as are applicable: 10.2.1 Multifamily dwellings 10.2.2 Parks and playgrounds 10.2.3 Churches and public schools 10.2.4 Residence apartments for the aged 10.2.5 Public buildings, libraries, fire stations 10.2.6 City and utility uses 10.3 PD (PLANNED DEVELOPMENT) USES 10.3.1 Condominiums 10.3.2 Civic clubs, fraternal organizations, lodges, all without alcoholic beverage sale to members or to the public 67 Recreational facilities Day nurseries and kindergartens which shall not exceed a maximum of forty-five (45) children. 10.4 GENERAL CONDITIONS 10.4.1 Lot area requirements: 10.3.3 10.3.4 10.4.2 (a) Minimum lot area: Every lot within the R-7-MF district shall be at least four (4) acres in area (except where a pracel of land is contiguous with like zoning; then the minimum shall be as approved by the Planning and Zoning Commission). (b) Minimum lot width: Every lot width within the R-7-MF district shall be at least two hundred (200) feet in width measured at the front building line. (c) Minimum lot depth: Every lot within the R-7-MF dis- trict shall be at least one hundred ten (110) feet average depth. (d) Maximum lot coverage: No more than forty (40) percent of the lot shall be covered by buildings. Average dwelling unit size: Every dwelling unit hereafter erected, reconstructed, or altered in this district shall have a floor area of not less than six hundred fifty (650) square feet average per approved site plan per phase for each living unit exclusive of breezeways, basements, open and enclosed porches, common corridors, parking area, garages and accessory buildings. 68 10.4.3 10.4.4 Building line requirements: Every lot within this district shall have a front and rear building line of at least twenty-five (25) feet. Such lot shall have a minimum side building line of at least fifteen (15) feet for one story buildings and an additional five (5) feet for each story thereafter. In this district the following rules shall be followed in the establishment of the minimum width of an in- terior yard; (a) When the exterior walls of one building or of adjacent buildings are within sixty (60) degrees of being parallel and neither contains windows or doors, such walls shall be separated by not less than ten (10) feet of open space. (b) When the exterior walls of one building or of adjacent buildings are within sixty (60) degrees of being parallel and one but not both contains windows or doors, such walls shall be separated by not less than fifteen (15) feet of open space. (c) When the exterior walls of one building or of adjacent buildings are within 60 degrees of being parallel and both contain windows or doors such walls shall be separated by not less than twenty (20) feet of open space. Height restrictions: No building shall exceed thirty-eight (38) feet in height. Measurement shall be from the lowest ground elevation to the highest point of the building. 69 10.4.5 10.4.6 10.4.7 10.4.8: 10.4.9 10.4.10 10.4.11 10.4.12 Fences: See Sec. XXIV subsec. 24.l3. Parking: Two and one half (2~) parking spaces shall be provided for each living unit. Signs: Subject to the city sign ordinance. Accessory buildings: Permanent accessory buildings requiring foundations, including tool sheds and greenhouses, shall be permitted only in rear yards which exceed the minimum rear yard requirement. (Portable type buildings not to exceed ten (10) feet in height and two hundred (200) feet in area may be allowed in rear yards.) Accessory buildings shall not be used for commercial purposes and shall be subject to the provisions of Sec. XXIV subsec 24.6. Access: As approved by the City Enforcing Officer or site plan. Refuse containers: All refuse containers shall be screened from view of adjacent property or public streets. Open spaces: In addition to paved parking and driving areas, at least fifteen (15) percent of the lot shall be maintained in landscaped open area. Customary home occupations: The following home occupations may be allowed unless they become judged deterimental or injurious to the adjoining property by the City Enforcement Officer: (a) musician (b) care of not more than four (4) children not related by blood, marriage or adoption 70 (c) dressmaking (d) washing and ironing (e) limited sales of household cleaning products, cosmetics and jewelry. Maximum density shall not exceed sixteen (16) living units per acre. Buildings placed within sixty (60) feet next to lot lines of R-I, R-2, or R-3 Districts shall be single story. 10.5 ZONING REQUEST SUBMISSION REQUIREMENTS 10.4.13 10.4.14 Zoning request for this district must include as a minimum a site plan showing proposed grade and sizes for each lot, building lines for each lot, parking for each lot, access to public streets, proposed open spaces and recreation areas, elevations and building materials, proposed areas for refuse containers, recreation areas, exterior elevations and a survey of the tract. Survey may not be more than one year old. 10.6 PD (PLANNED DEVELOPMENT) REGULATIONS PD uses shall be subject to R-7-MF general conditions, provided however, the following R-7-MF general conditions shall not apply except as specif- ically imposed by a site plan and ordinance adopting said site plan: (a) Minimum lot area (b) Building lines requirements (c) Height (d) Access (e) Maximum lot coverage (f) Maximum percentage of efficiency apartments (g) Density not to exceed sixteen (16) units per acre. 71 - SECTION XI 0-1 OFFICE DISTRICT 11.1 PURPOSE The 0-1 District is intended to permit professional and organization office needs of the community. When combined with PD (Planned Development), uses permitted in this district may be grouped together with uses permitted in R-6-T, R-7-MF and LR districts to provide for a wider use development plan. 11.2 PERMITTED USES The following are the only permitted uses within the 0-1 district and are subject to the general conditions of this section and such other sections as are applicable. 11.2.1 Professional offices 11.2.2 General organizational offices 11.2.3 Governmental offices 11.2.4 Lodges, civic clubs, fraternal organizations 11.2.5 Reserved 11.2.6 Banks and savings and loan buildings 11.2.7 Veterinarian clinic (no kennels) 11.2.8 Public schools 11.2.9 City and utility uses 11.2.10 Medical clinics 11.3 PD (PLANNED DEVELOPMENT) USES 11.3. 1 The uses wi thin this dis tric t may be combined with any permitted use in R-6-T, R-7-MF and LR zoning. 72 11.4 CONDITIONAL USES 11.4.1 Pharmacy, specialty shops, personal service establishment, provided each use shall not occupy more than three thousand (3,000) square feet of floor area. All such conditional uses shall comprise no more than twenty (20) percent of the total floor area of all buildings on any lot. 11.5 GENERAL CONDITIONS 11.5.1 District area requirements: (a) Minimum area of district: Every parcel of land within this district shall be at least one (1) acre in area (except where a parcel of land is contiguous with like zoning; then the minimum area shall be as approved by the Planning and Zoning Commission and City Council). (b) Minimum frontage: Every parcel of land within this district shall have at least fifty (50) feet of frontage on a public street. Lot area requirements: 11.5.2 (a) Minimum lot area: Every lot within this zoning district shall be at least six thousand (6,000) square feet in area. (b) Minimum lot width: Every lot width within this district shall be at least sixty (60) feet in width measured at the front building line. (c) Maximum lot coverage: No more than forty (40) percent of the total lot area shall be covered by buildings. 73 11.5.3 11.5.4 11.5.5 11.5.6 11.5.7 11.5.8 11.5.9 11.5.10 11.5.11 11.5.12 Outdoor activities or other uses: No outdoor activities or other uses shall be permitted in the 0-1 Office District other than parking and loading and the placement and servicing of refuse containers. Building line requirements: Every lot within the district shall have a front building line of at least twenty-five (25) feet, every lot within the district shall have a rear building line of at least twenty-five (25) feet and side building lines of at least fifteen (15) feet where the lot line abuts R-I, R-2, R-3, R-4-SD, R-5-D and R-6-T Districts. Height restrictions: No building shall exceed forty-eight (48) feet in height. Fences: See Sec. XXIV subsec. 24.13. Parking and loading: See Section XXII. Signs: Subject to the city sign ordinance. Refuse facilities: All refuse containers shall be screened from view of all adjacent property and public streets. Access: As directed by the City Enforcing Officer. Minimum open space: In addition to paved parking and driving areas, at least fifteen (15) percent of the lot shall be maintained in landscaped open area. Drive-up windows: Drive-up windows with minimum driveway storage capacity of sixty (60) feet per window shall be allowed as an accessory use to permitted office uses, 74 provided that the necessary driving lane be separate and apart from parking and maintenance areas required for the use. 11.5.12 Noise: In this district normal business activities conducted shall not create a sound pressure level on the bounding property line that exceeds sixty (60) decibels A scale. 11.6 PD (PLANNED DEVELOPMENT) REGULATIONS 11.6.1 PD uses shall be subject to 0-1 general conditions provided however, the following 0-1 general conditions shall not apply except as specifically imposed by the site plan and ordinance adopting said site plan: (a) Minimum lot area (b) Building line requirements (c) Height (d) Access (e) Maximum lot coverage. 75 SECTION XII LR-LOCAL RETAIL DISTRICT 12.1 PURPOSE The LR District is intended to permit a limited area of service establishments and retail stores for the benefit of adj acent and nearby residential areas and in which all trade is conducted indoors and in such a manner as to be capable of placement adjacent to residential areas without changing the character of the residential areas. When combined with PD (Planned Development) less restrictive uses may be grouped with uses permitted in this district to provide for a wider variety of retail services. 12.2 PERMITTED USES The following are the only permitted uses within the LR district and are subject to the general conditions of this section and to such other sections as are applicable. 12.2.1 12.2.2 12.2.3 12.2.4 12.2.5 12.2.6 12.2.7 12.2.8 12.2.9 12.2.10 L Cleaning and pressing pick-up stations Baked goods shops Fraternal organizations Social service organizations Florist shop Single specialty shops Laundry-self service Gasoline service stations Convenience stores Auto parts and accessories stores 76 Nursery retail sales (indoors) Cafeterias Retail stores and shops (no shopping malls) Barber and beauty shops Restaurants (no drive-in service) City uses Pharmacies Day care/Kindergarten schools (maximum seventy-five [75] children) 12.2.19 Churches, post offices, fire stations, public schools 12.2.20 Professional offices 12.2.21 Veterinarian Clinic without kennels 12.2.22 Reserved 12.3 PD (PLANNED DEVELOPMENT) USES 12.3.1 R-6-T District uses 12.3.2 R-7-MF District uses 12.3.3 0-1 District uses 12.4 GENERAL CONDITIONS 12.4.1 District area requirements: 12.2.11 12.2.12 12.2.13 12.2.14 12.2.15 12.2.16 12.2.17 12.2.18 (a) Minimum area: Every parcel of land within this district shall be at least twenty thousand (20,000) square feet in area. (b) Minimum frontage: Every parcel of land within this district shall have at least fifty (50) feet in frontage on a public street. 77 12.4.2 12.4.3 12.4.4 12.4.5 12.4.6 12.4.7 12.4.8 12.4.9 12.4.10 (c) Maximum coverage: No more than forty (40) percent of the total district shall be covered by buildings. Reserved Reserved Outdoor activities or other uses: No outdoor activ- ities or other uses shall be permitted in the local retail district other than accessory parking and load- ing and the placement and servicing of refuse contain- ers for permitted uses. (Sales of motor fuels may take place outdoors in this district) Building line requirements: Every lot within the dis- trict shall have a front building line of at least twenty-five (25) feet, every lot within this district shall have a side building line of at least fifteen (15) feet and a rear building line of at least (15) feet where lot line abuts R-I, R-2, R-3, R-4-D, and R-6-T Districts. Height restrictions: No building thirty-eight (38) feet in height. Fences: See Sec. XXIV subsec. 24.13. Parking and loading: See Section XXII and Table 22.3. Signs: Subject to the city sign ordinance. shall exceed Refuse containers: All refuse containers shall be screened from view of all adjacent property and public streets. 78 12.4.11 12.4.12 Access: As directed by City Enforcing Officer. Landscaping: In addition to paved parking and driving areas, at least ten (10) percent of the lot shall be maintained in landscaped open area. 12.4.13 Noise: In this district normal business activities conducted shall not create a sound pressure level on the bounding property line that exceeds 60 decibels A scale. 12.5 ZONING REQUEST SUBMISSION REQUIREMENTS 12.5.1 Zoning request for this district must include a site plan showing proposed grade and size for each lot, building lines for each lot, parking for each lot, access to public streets, proposed areas for refuse containers, and a survey of the tract. Survey may not be more than one year old. 12.6 PD (PLANNED DEVELOPMENT) CONDITIONS 12.6.1 PD uses shall be subject to LR general conditions provided however, the following general conditions shall not apply except as specifically imposed by the site plan and ordi- nance adopting said site plan: (a) Minimum lot area (b) Building lines (c) Access. 79 13.1 PURPOSE SECTION XIII C-1 COMMERCIAL DISTRICT The C-1 District is intended to permit a limited variety of commercial uses including retail trade, personal business services establishments, and offices. 13.2 PERMITTED USES The following are the only permitted uses within the C-1 Commercial District and are subject to the General Conditions of this section and such other sections as are applicable. 13.2.1 13.2.2 13.2.3 13.2.4 13.2.5 13.2.6 13.2.7 13.2.8 13.2.9 13.2.10 13.2.11 13.2.12 13.2.13 High rise office buildings Hotels, Motels Hospitals Nursing homes Private schools College/universities Supermarkets, department stores Shopping malls, strip centers, shopping centers Mortuary/funeral parlor Home improvement retail stores (not to include outdoor storage and sale of lumber) Theaters (not drive-in type) Drive-in restaurants Banks, saving & loans 80 13.2.14 13.2.15 Dry cleaning store (not to exceed 3,000 sq. ft. total occupied area) All uses of LR district and 0-1 13.3 GENERAL CONDITIONS 13.3.1 13.3.2 13.3.3 District area requirements: (a) Minimum area: Every parcel of land within this district shall be at least one (1) acre in area. (b) Minimum frontage: Every parcel of land within this district shall have at least fifty (50) feet in frontage on a public street. (c) Maximum coverage: No more than fifty (50) percent of the lot shall be covered by buildings exclusive of parking structures. Reserved Outdoor activities and other uses: In connection with any permitted use, there shall be allowed the incidental display of merchandise out of doors subject to the following limitations: (a) All sales of such merchandise shall be consummated indoors. and no cash register or package wrapping counter shall be located out of doors. However, sales and delivery of gasoline may take place out- doors in this district. (b) Package materials displayed out of doors shall not be readily identifiable by type or product name 81 13.3.4 13.3.5 13.3.6 13.3.7 13.3.8 13.3.9 from adjacent public streets by reason of package labels, sales tag markers, or otherwise. (c) Except as provided below, all display areas out of doors shall be confined to a pedestrian walkway immediately adjacent to the building housing the primary use and shall not extend from such building a distance of more than ten (10) feet, and shall be located wholly under a permanent part of the main business building, such as a marquee. Building line requirements: Every lot within this district shall have front yard of twenty five (25) feet. Every lot within this district shall have a rear building line of twenty-five (25) feet and a side building line of fifteen (15) feet where lot line abuts a R-1, R-2, R-3, R-4-SD, R-5-D and R-6-T district. Height restrictions: Buildings shall be constructed by using a ratio of one (1) foot measured from property line that abuts a residential district to nearest exterior wall of building for everyone and one half (1~) foot of building height. Fences: See Sec. XXIV subsec. 24.13. Parking and loading: See Section XXII. Signs: Subject to the city sign ordinances. Refuse containers: All refuse containers shall be screened from view of all adjacent property and public streets. 82 13.3.10 13.3.11 13.3.12 Noise: In this district normal business activities conducted shall not create a sound pressure level on the bounding property line that exceeds 65 decibels A scale. Landscaping: In addition to paved parking and driving areas, at least ten (10) percent of the lot shall be maintained in landscaped open area. Access: As directed by the City Enforcing Officer. 83 SECTION XIV C-2 COMMERCIAL DISTRICT 14.1 PURPOSE The C-2 District is intended to permit extensive variety of commercial uses including retail trade. personal business services establishments with limited outdoor use or storage. 14.2 PERMITTED USES The following are the only permitted uses within the C-2 Commercial District and are subject to the general conditions of the sections as are applicable: 14.2.1 Automobile and truck repair 14.2.2 Contractors office, shop and garage (no fabrication) 14.2.3 Commercial printing shops 14.2.4 Newspaper printing plants 14.2.5 New auto/truck dealers 14.2.6 Car wash/auto laundry 14.2.7 Pawn shops 14.2.8 Nurseries retail and/or wholesale 14.2.9 Marine equipment sales/repair 14.2.10 Contractors equipment rental 14.2.11 Plumbing shops 14.2.12 Feed and seed stores 14.2.13 Heavy machinery sales 14.2.14 Warehousing 14.2.15 Veterinarian clinics with kennels 84 14.2.16 Auto, truck, trailer rental 14.2.17 Trade schools 14.2.18 Hardware retail and/or wholesale 14.2.19 Research laboratories 14.2.20 City and utility uses 14.2.21 All uses of C-1 Commercial District 14.3 GENERAL CONDITIONS 14.3.1 District area requirements: (a) Minimum area: Every parcel of land within this district shall be at least one (1) acre in area. (b) Minimum frontage: Every parcel of land within this district shall have at least fifty (50) of frontage on a public street. (c) Maximum coverage: No more than fifty (50) percent of the lot shall be covered by buildings exclusive of parking structures. Reserved 14.3.2 14.3.3 Building line requirements: Every lot within this district shall have a front building line of twenty-five (25) feet. Every lot within this district shall have a rear building line of twenty-five (25) feet and side building line of fifteen (15) feet when lot adjoins R-1, R-2, R-3, R-4-SD, R-5-D and R-6-T districts. 85 14.3.4 14.3.5 14.3.6 14.3.7 14.3.8 14.3.9 14.3.10 14.3.11 14.3.12 Height restrictions: Buildings shall be constructed by using a ratio of one (1) foot measured from property line that abuts a residential district for everyone and one half (1~) foot of building height. Fences: See Sec. XXIV subsec. 24.13. Parking and loading: See Section XXII. Signs: Subject to city sign ordinances. Refuse containers: All refuse containers shall be screened from view of all adjacent property and public streets. Noise: In this district normal business activities conducted shall not create a sound pressure level on the bounding property line that exceeds 65 decibels A scale. Landscaping: In addition to paved parking and drive areas at least ten (10) percent of the lot shall be maintained in landscaped open area. Access: As directed by the City Enforcing Officer. Outdoor use and/or storage: In connection with any permitted use, there shall be allowed the display and/or storage of merchandise out of doors subject to the following limitations: (a) All sales of such merchandise shall be consummated indoors and no cash register or package wrapping counter shall be located out of doors. 86 (b) Display and/or storage of merchandise outdoors shall not exceed more than 20% of the total area of the lot. 87 15. 1 PURPOSE SECTION XV OC-OUTDOOR COMMERCIAL DISTRICT The OC District is intended to permit commercial uses which require an extensive amount of outdoor display use. 15.2 PERMITTED USES The following are the only permitted uses within the OC Outdoor Commercial District and are subject to the General Conditions of this Section and such other Sections as are applicable. 15.2.1 15.2.2 15.2.3 15.2.4 15.2.5 15.2.6 15.2.7 Miniature golf courses Commercial recreational activities Kennels Drive-in restaurants Drive-in theater Retail sales requiring outdoor display areas New vehicle sales and rental requiring outdoor display areas 15.2.8 Car wash 15.2.9 Boat sales requiring outdoor display areas 15.2.10 Equipment rental requiring outdoor display areas 15.2.11 Bus passenger terminals 15.2.12 City and utility uses 15.2.13 Nurseries (Plant materials) 15.3 GENERAL CONDITIONS 15.3.1 Lot area requirements: 88 15.3.2 15.3.3 15.3.4 15.3.5 15.3.6 15.3.7 15.3.8 L (a) Minimum lot size: Every lot within the zoning district shall be at least twenty two thousand five hundred (22,500) square feet in area. (b) Minimum lot width: Every lot within this zoning district shall be at least one hundred fifty (150) feet in width, measured at the front building line. (c) Minimum lot depth: Every lot within this zoning district shall be at least one hundred fifty (150) feet average depth. (d) Maximum coverage. No more than thirty (30) percent of the total area shall be covered by buildings. Reserved Building line requirements: Every lot within this district shall have a front yard of twenty-five (25) feet. Every lot within this district shall have a rear building line of twenty-five (25) feet and a side building line of fifteen (15) feet where lot lines abut a R-1, R-2, R-3, R-4-SD, R-5-D or R-6-T district. Height restrictions: No building shall exceed thirty-eight (38) feet in height. Fences: See Section XXIV subsec. 24.13. Parking and loading: See Section XXII. Signs: Subject to the City Sign Ordinances. Reserved. 89 15.3.9 15.3.10 15.3.11 15.3.12 15.3.13 15.3.14 Refuse containers: All refuse containers shall be screened and located behind the front building line and shall not be located in any required yard. Access: As approved by the City City Enforcing Officer. In addition to paved parking and driving areas, at least ten (10) percent of the lot shall be maintained in landscaped open area. Entrances and exits to truck loading areas shall be no closer than seventy five (75) feet to an adjoining lot located in a residential district. as measured along the common street line. No inoperative equipment or vehicle shall be stored or parked in a required yard. Any parking or storage spaces for such equipment or vehicles adj acent to an exterior yard shall be screened by a solid fence not less than six (6) feet in height at the building line. Noise: In this district normal business activities conducted shall not create a sound pressure level on the bounding property line that exceeds 70 decibels A scale. 90 16.1 PURPOSE SECTION XVI I-I LIGHT INDUSTRIAL DISTRICT The I-I District is intended to permit a limited range of assembly, ware- housing and service type uses. 16.2 PERMITTED USES The following uses are the only uses permitted within the I-I Light Industrial District and are subject to the General Conditions of this section and such other sections as are applicable. 16.2.1 16.2.2 16.2.3 16.2.4 16.2.5 16.2.6 16.2.7 16.2.8 16.2.9 16.2.10 Assembling operations of commodities where all operations are to be conducted within fully enclosed buildings. Warehousing and storage of any commodity except heavy steel, large diameter pipe, junk, salvage, explosive or hazardous chemicals. Cabinet shops Sheet metal shops Soft drink bottling Commercial bakeries Lumber yards Commercial laundries/dry cleaners City and utility uses All permitted uses of C-2. 16.3 GENERAL CONDITIONS 16.3.1 District area requirements: 91 16.3.2 16.3.3 (a) Minimum area: Every parcel of land within this district shall be at least two (2) acres in area. (b) Minimum frontage: Every parcel of land within this district shall have at least fifty (50) feet of frontage on a public street. Reserved Building line requirements: (a) Every lot within this district shall have a front building line of at least fifteen (15) feet. (b) When one or more property lines of an industrial lot abut a residential district a twenty-five (25) foot building line shall be required for each side abutting the residential district. Where a lot abuts a residential district then the buildings shall be constructed by using a ratio of one (1) foot measured from the property line for everyone and one half (1~) foot of building height. 16.3.5 Fences: See Section XXIV subsec. 24.13. 16.3.6 Parking and loading: See Section XXII. 16.3.7 Signs: Subject to city sign ordinances. 16.4 SPECIAL CONDITIONS 16.4.1 At least ten (10) percent of the lot shall be 16.3.4 maintained in permanent open landscaped area. All landscaping shall be properly maintained throughout the life of any use of the lot. 92 There shall be a five (5) foot wide strip of landscaped area along any lot line(s) which is (are) contiguous to a residential district. 16.4.3 Reserved 16.5 ENVIRONMENTAL STANDARDS 16.5.1 In this district normal business activities conducted 16.4.2 16.5.2 shall not create a sound pressure level on the bounding property line that exceeds 70 decibels A scale. See Section XXIV. 93 SECTION XVII 1-2 MEDIUM INDUSTRIAL DISTRICT 17.1 PURPOSE The 1-2 District is intended to permit a wider range of manufacturing, wholesale and service type uses. 17.2 PERMITTED USES The following uses are the only uses permitted within the 1-2 Medium Industrial District and are subject to the General Conditions of this section and such other sections as are applicable. Manufacturing and assembling operations of commodities except large steel structures. Warehousing and storage of any commodity except heavy steel, large diameter pipe, junk, salvage, explosive or hazardous chemicals. 17.2.3 Commercial carpet cleaning 17.2.4 Chemical laboratories 17.2.5 Cold storage plants 17.2.6 Machine shops 17.2.7 Welding shops 17.2.8 Bus barns and lots 17.2.9 Sales and service for heavy equipment 17.2.10 City and utility uses 17.2.11 All permitted uses of I-I. 17.3 GENERAL CONDITIONS 17.3.1 District area requirements: 17.2.1 17.2.2 94 17.3.2 17.3.3 17.3.4 17.3.5 17.3.6 17.3.7 17.3.8 (a) Minimum area: Every parcel of land within this district shall be at least two (2) acres in area. (b) Minimum frontage: Every parcel of land within this district shall have at least fifty (50) feet of frontage on a public street. Reserved Building line requirements: (a) Every lot within the district shall have a front building line of at least fifteen (15) feet. (b) When one or more property lines of an industrial lot abut a residential district, a twenty-five (25) foot building line shall be required for each side abuting the residential district. Height restrictions: Where a lot abuts a residential district then the buildings shall be constructed by using a ratio of one (1) foot measured from the property line for everyone and one half (1~) foot of building height. Fences: See Section XXIV subsec. 24.13. Parking and loading: Subject to requirements set forth in Section XXII. Signs: Subject to the city sign ordinance. Refuse facilities: All refuse containers shall be screened from view of all adjacent property and public streets. 95 17.4 SPECIAL CONDITIONS 17.4.1 At least ten (10) percent of the lot shall be maintained in permanent open landscaped area. All landscaping shall be properly maintained throughout the life of any use of the lot. There shall be a five (5) foot wide strip of landscaped area along any lot line(s) which is (are) contiguous to a residential district. 17.4.2 17.5 ENVIRONMENTAL STANDARDS 17.5.1 In this district normal business activities conducted shall not create a sound pressure level on the bounding property line that exceeds 75 decibels A scale. 17.5.2 See Section XXIV. 96 SECTION XVII I U-SCHOOL, CHURCH, AND INSTITUTION DISTRICT 18.1 PURPOSE The U-District is intended to permit only non-profit activities of an educational, religious, governmental or institutional nature. 18.2 PERMITTED USES The following are the only permitted uses within the U District and are subject to the General Conditions of this section and other sections as are applicable. Churches, sanctuaries, church schools, rectories Public schools and non-profit educational institutions offering programs equivalent to public school grades. 18.2.3 Colleges and universities 18.2.4 Governmental offices 18.2.5 Libraries 18.2.6 Public buildings 18.2.7 City and utility uses 18.3 PLANNED DEVELOPMENT USES 18.2.1 18.2.2 18.3.1 Church sponsored nursing homes 18.3.2 Church or government sponsored day nurseries. 18.4 GENERAL CONDITIONS 18.4.1 Area requirements: (a) Minimum lot size: Every lot within this district shall have an area of at least twenty thousand (20,000) square feet. 97 18.4.2 18.4.3 18.4.4 18.4.5 18.4.6 18.4.7 18.4.8 (b) Minimum lot width: Every lot within this zoning district shall be at least one hundred twenty-five (125) feet wide, measured at the front building line. (c) Maximum lot coverage: No more than thirty (30) percent of the total lot area shall be covered with buildings. Outdoor activities or uses: Accessory parking, loading, placement of refuse containers, and other customary accessory uses incidental to church or government uses. Building line requirements: Every lot within the district shall have front and rear building lines of at least twenty-five (25) feet and side building lines of at least twenty (20) feet. Height restrictions: No building shall exceed thirty-eight (38) feet in height. Fences: See Section XXIV subsec. 24.13. Parking and loading: See Section XXII. Signs: Subject to city sign ordinance. Accessory buildings: Permanent accessory buildings requiring foundations, including tool sheds and greenhouses, shall be permitted only in rear yards which exceed the minimum rear yard requirement. (Portable type buildings not to exceed ten (10) feet in height and two hundred (200) feet in area may be allowed in rear yards.) 98 18.4.9 Refuse facilities: All refuse containers shall be screened from view of all adjacent property and public streets. Access: As approved by City Enforcement Officer. Minimum open space: In addition to paved parking and driving areas, at least fifteen (15) percent of the lot shall be maintained in landscaped open area. 18.5 PLANNED DEVELOPMENT REGULATIONS 18.5.1 PD uses shall be subject to U general conditions; 18.4.10 18.4.11 provided, however, the following U general conditions shall not apply except as specifically imposed by the site plan and ordinance adopting such site plan: (a) Minimum lot area (b) Building line requirements (c) Building height (d) Access 99 SECTION XIX PD (PLANNED DEVELOPMENT) DISTRICT 19.1 PURPOSE The PD District is intended to be used in combination with other districts to permit the grouping together of uses of different districts and the modification of certain controls in a manner so as to produce large area development arranged to better serve community needs. 19.2 EFFECTS OF PD CLASSIFICATION Property may be classified under PD District only in combination with another district. All property carrying a PD designation must have an approved site plan. 19.3 GENERAL CONDITIONS 19.3.1 District area requirements: The PD district shall have at least four (4) acres in area. The fact that such property may be platted into smaller lots shall not relieve the owner thereof such minimum area require- ments. 19.3.2 19.3.3 Maximum lot coverage: Unless limited to a lower per- centage by the base district, no more than fifty (50) percent of the lot shall be covered by primary and accessory buildings. Yard requirements: Unless limited by the base district the yard requirements shall be set by the approved site plan. 100 19.3.4 19.3.5 Height limitations: Unless limited by the base district the height of buildings shall be set by the approved site plan. Site plan requirements: A site plan approved by the Planning and Zoning Commission and City Council shall be a prerequisite to issuance of building permits and certification of occupancy for any property in the PD district. A site plan approval request must be heard by the Planning and Zoning Commission and City Council concurrent with a PD zoning request. Prior to consideration of any site plan of a part of a larger tract under the same ownership which has been pre- viously zoned and platted, a site plan drawing for the entire tract shall be presented for approval. Every application for approval of a site plan under the terms of this district shall contain sufficient information delineating the characteristics of the site. The application shall include changes in those character- istics as may be proposed by the development which will relate to public services and facilities, and what protection features are included to insure that the development will be compatible with existing and allowable development on adj acent property. The site plan shall show at least the following items of in- formation: 101 (a) A scaled drawing in which not less than one (1) inch is equal to one hundred (100) feet, showing dimensioned boundaries of the property, the location and widths of streets and highways adj acen t to and on the property, and any other easements thereon or adjacent thereto. (b) Elevation contours at two (2) feet intervals. (c) Location and description of existing utility services, including size of water and sewer mains. (d) Existing improvements proposed to be retained or abandoned when the property is developed. (e) The location of each existing and each proposed structure on the site, the general category of use or uses to be contained therein, the number of stories, gross floor area and the location of entrances and exits to buildings. (f) The location and width of all curb cuts and driving lanes. (g) The dimensions and capacities of parking areas and loading areas, and the character and location of illumination facilities for same. (h) All pedestrian walks, malls and open areas for use by residents tenants or the public. (i) The location and height of all walls, fences and screen planting and landscaping. 102 19.3.6 19.3.7 19.3.8 (j) Proposed elevation sketches of all different types of proposed buildings. Site plan approval: A request for a site plan approval shall be processed in accordance and concurrent with the review and hearing procedures for a zoning request. Modification of site plan: The Commission may recommend modifications and the Council may require such modifications of a site plan in order to permit the proposed project to exist harmoniously with existing and anticipated uses of the surrounding areas. Amendments to site plan: All site plans may be amended pursuant to the same procedure and subject to the same limitations and requirements as was the original approved site plan. 103 20.1 PURPOSE SECTION XX SPECIFIC USE PERMIT The specific use permit is intended to be used in combination with other districts to permit a specific use and establish controls so as to not adversely effect the adjacent property or the community. 20.2 EFFECTS OF SPECIFIC USE (SU) CLASSIFICATION Property only in combination with 0-1, LR, C-1, C-2, OC, I-I and 1-2 districts may be classified specific use. All request for specific use must be approved by the City Council. Specific use permits will be issued only to a responsible person; not to the property. 20.3 PERMITTED USES The following are the only specific uses that may be granted and are subject to the general conditions of this section. 20.3.1 20.3.2 20.3.3 20.3.4 20.3.5 20.3.6 20.3.7 20.3.8 20.3.9 20.3.10 Sales of alcoholic beverages Amusement arcades Reserved Race tracks Sewage treatment plants Facility for care of alcoholic, narcotic or psychiatric patients Cemetery or mausoleum Airport, heliport or landing field Private club Used vehicle sales 104 20. 3. 11 Automobile repair, tire and battery sales (only in C-1 district as auxiliary use to a major retail primary use) 20.4 GENERAL CONDITIONS 20.4.1 Procedures (a) After a public hearing conducted by the Planning and Zoning Commission and after receiving a recommendation from the Planning and Zoning Commission the City Council shall conduct a public hearing as is required for all zoning request and may after such a public hearing grant for specific parcels of land the issuance of a specific use permit in those districts where it is allowable to grant such a permit. Each specific use permit application shall be evaluated by the Planning and Zoning Commission and City Council as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate. (b) In considering and determining its recommendation to the City Council relative to any application for a specific use request the Planning and Zoning Commission shall require the applicant to furnish plans and data concerning the operation, location, function and characteristics of any use of the land or building being proposed. 105 (c) The Planning and Zoning Commission shall recommend to the City Council safeguards and conditions concerning lot size, setbacks, ingress or egress, off-street parking and loading arrangements, location and construction of structures and uses. (d) The City Council may in the interest of the public welfare and to assure compliance with the intent of this ordinance, require such development standards and safeguards as recommended by the Planning and Zoning Commission (e) A site plan setting forth development standards and safeguards shall be required of the applicant and such plan when accepted shall be made part of the amending ordinance. (f) A specific use approved under the provisions and conditions of this ordinance shall be considered as an amendment to the zoning ordinance as applicable to the property involved. 20.4.2 Requirements for sale of alcoholic beverages: A specific use permit for the sale of alcoholic beverages may be granted only conjunction with the premises consumption, when such use is to be in sale of prepared food for on and when the ratio of gross receipts from the sale of such food on the premises to gross receipts from the sale of alcoholic beverages on the premises is at least three (3) to two (2) ratio. 106 20.4.3 The City Enforcement Officer shall have the right of audit sales records to verify that the ratio of food sales to alcoholic beverages is in accordance with this ordinance. If it is found that ratio is not being adheared to the Enforcing Officer shall issue a citation giving the owner one hundred twenty (120) days to correct the situation. If the ratio is not brought back to a three (3) to two (2) situation the City Enforcing Officer may revoke the owner's special use permit. Requirements for sale of beer for off-premises consumption only: A specific use permit for the sale of beer for off-premises consumption only, may be granted only when sale of beer is to be at a time between 12 noon and 10 p.m. on Sunday and 8 a.m. to 10 p.m. on all other days. 107 SECTION XXI FLOOD PLAIN SUBDISTRICTS 21.1 PURPOSE The purpose of designating the Flood Plain zoning subdistricts is not to prohibit, but to guide development in those floor hazard areas consistent with nature's demands for the conveyance of flood flows and the city's land use needs. Flood area subdistricts are established as a part of the effort to manage areas of special flood hazards. The Flood Damage Prevention Ordinance sets forth other requirements, including issuance of a Development Permit. The Flood Plain Subdistrict is designed to protect the ability of a portion of the flood area necessary to carry flood waters. Because of the extreme dangers and high risks expected in time of flooding and to protect the carrying capacity of the waterway, highly restrictive regulations limiting the uses of land and the conditions under which the land can be used are established for the areas designated as Flood Plain (FP) Subdistrict. The Flood Plain Subdistrict shall not change the base zoning but shall limit the permitted uses and alter the development standards of the base zoning. 21.2 VERIFICATION OF FLOOD HAZARD Where an area which is shown to be in the Flood Plain (FP) Subdistrict is determined by the enforcing officer not to be in the flood hazard area as based on detailed surveyed topographic and engineering data, the land shall be deemed not to be in the FP Subdistrict even if it is shown in the FP Subdistrict on the zoning map and the map shall be appropriately modified. 108 If the land has been filled without obtaining, or in violation of a development permit, this paragraph shall not apply. 21.3 PERMITTED USES - GENERAL 21.3.1 In FP Subdistrict no building or structure shall be used and no building or structure shall be hereafter erected, reconstructed, altered, enlarged or maintained except for one or more of the following uses if such use is also permitted in the base zoning district and when provisions of subsection 21. 5.1 are met. No use shall adversely affect the capacity of the channels or floodways of any tributary to the main stream, drainage ditch, or any other drainage facility or system. For use listed in Section 21.4, building permits and/or Certificates of Occupancy may be issued only after an 21.3.2 issuance of a development permit, and provided that said uses are not proposed to be located within or upon levee sites, channelized floodways, sumps, dams, or other flood control structures or facilities existing or proposed at the time of application; and provided that the information outlined in subsection 21.4.2 is satisfactorially submitted in a formal report prepared under the direction of and bearing the seal of a Registered Professional Engineer hired by the applicant. 21.4.SPECIAL EXCEPTION USES 21.4.1 The following uses which involve structures (temporary or permanent), fill or storage of materials or equipment shall 109 be permitted only after approval of a Specific Use Permit if such use is also permitted in the Base Zoning District. These uses are also subject to the provisions of the Flood Damage Prevention Ordinance which apply to all flood plain special exception uses. a. Uses or structures accessory to open space or special exception uses. b. Circuses, carnivals, and similar transient amusement enterprises. c. Drive-in theaters, new and used car lots, roadside stands, signs and billboards. d. Extraction of sand, gravel, and other materials. e. Reserved. f. Taxi stands. g. Storage yards for equipment, machinery, or materials. h. Kennels and stables. i. Outdoor commercial amusement enterprises. j. Reserved. k. Day camp operated by non-profit organization. I. Permanent buildings of country clubs, sports, or recreation centers. m. Private park or recreational area. n. Radio, television, microwave broadcast, relay, receiving towers, and transmission and re-transmission facilities. o. Game farm, fish hatchery. 110 21.4.2 p. Loading, unloading area. q. Non-covered storage yard for equipment and material. r. Shooting range. s. Nursery yards of buildings for retail or wholesale nursery. t. Recreational vehicle parks. u. Produce market (retail). Specific use permits listed in 21.4.1 may be granted only after public notice and hearing and provided that said uses are not proposed to be located within or upon levee sites, channelized floodways, sumps, dams, or other flood control structures or facilities, existing or proposed at the time of application, and provided that the following information is satisfactorily submitted in a formal report prepared under the direction of, and bearing the seal of, a Registered Professional Engineer hired by the applicant for such specific use permit. (a) The relative dangers to life and property occasioned by the proposed uses. (b) The relationship of the proposed use to the comprehensive plan and flood plan management program of the City of North Richland Hills. (c) The relationship and/or effects of the proposed use to the floodwater transportation and storage capacities of the channel and flood plan. The determination of said relationship and/or effects shall be based on the III assumption that any resultant permitted increase in flood plain encroachment will extend for a significant reach of the watercourse together with an encroachment equal in degree on the opposite side of the watercourse. (d) The above report shall be reviewed by the enforcing officer and his written recommendations made available to the City Council and to the City Planning and Zoning Commission prior to advertisement for public hearing to consider a specific use permit. The enforcing officer shall not be required to submit his report until he is satisfied that the applicant 's engineer has adequately studied the possible effects of flooding. The enforcing officer may require the following in order to evaluate the report and make his recommendations: 1. Plans drawn to a scale of one (1) inch equal fifty (50) feet with one (1) foot contour intervals, or other scales satisfactory to the enforcing locations, officer, showing the nature, dimensions, and elevation of the site or sites in issue and environs within five hundred (500) feet thereof; existing water proofing measures and the relationship of same to the existing and proposed locations of the FP Subdistrict. 2. An area location map showing the relationship of the area in issue to surrounding territory. 112 3. Technical information evaluating any change of anticipated flood heights and velocities, adequacy of protection and the seriousness of possible flood damages to existing and proposed uses. 4. Any additional information substantiating the wisdom of the proposed use. 5. A typical flood plain cross section showing the channel of watercourse, elevation of land areas adj oining each side of the channel, and cross- sectional areas of present and projected uses and high-water information. 6. Plan (surface view) showing elevation of contours of the ground, channel, alignment, or realignment; all levees, sumps, diversions, pertinent structures, fill or storage elevations; size, location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information. 7. Profile showing the slope of the bed of the channel or flow line of the watercourse. 8. Additional detailed technical information which the City Enforcing Officer, Planning and Zoning Commission and City Council may request. 113 21.5 FILLING AND GRADING 21.5.1 In the Flood Plain (FP) Subdistrict no filling, grading or soil removal shall be done for an allowed purpose, prior to a development permit being issued. Prior to issuing such a permit, sufficient information and data shall be submitted to determine the effect of the fill, grading or soil removal. Any or all the information data set out in 21.4.2 may be required. 21.5.2 If filling, grading or soil removal is done but is not in compliance with the above requirements, the land shall be restored to its original condition except for any portion for which a development permit is obtained. 21.6 RESPONSIBILITY FOR FLOODING The fact that land or property is or is not classified as being within the Flood Plain (FP) Subdistrict shall not constitute assurance that said land or property is, or is not subject to local floodings, and the designation of the Flood Plain (FP) Subdistrict in this ordinance shall not be so interpreted. I L 114 SECTION XXII MINIMUM PARKING AND LOADING REQUIREMENTS 22.1 PURPOSE It is the purpose of this section to establish the guidelines of off-street parking space consistent with the proposed land use to: (a) Reduce the occurrence of on-street parking throughout the city (b) Avoid the traffic congestion and public safety hazards caused by a failure to provide such parking space (c) Expedite the movement of traffic on public thoroughfares in a safe manner thus increasing the carrying capacity of the streets, reducing the amount of land required for streets and the cost to both the property owner and the city (d) Insure that provided parking facilities meet basic requirements 22.2 OFF-STREET PARKING SPACES REQUIRED 22.2.1 Intent: In all districts, for all uses, there shall be provided at the time any building or structure is erected or enlarged or increased in capacity, or at any time any other use is established, off-street parking spaces for motor vehicles in accordance with the requirements specified herein. 22.2.2 The off-street parking and loading facilities required for the uses mentioned in these regulations shall be on the same lot as the structures intended to be served, 115 22.3 22.4 or on a lot abutting the lot intended to be served only by access other than a public street. PARKING FOR EXISTING USES 22.3.1 It is the intent of these regulations to Intent: 22.3.2 preserve and retain existing off-street parking and loading spaces in at least the minimum amounts as would be required if the existing use of structure had been established or erected in full compliance with the provisions herein. Certificate of Occupancy: No Certificate of Occupancy shall be issued, no use shall be established or changed, and no structure shall be erected, enlarged or reconstructed unless the off-street parking and loading spaces are provided in the minimum amount and maintained the specified in these in manner regulations; provided, however: (a) For the enlargement of a structure or for the expansion of a use of structure or land there shall be required only the number of off-street parking and loading spaces as would be required if such enlargement or expansion were a separate new structure. GENERAL REQUIREMENTS 22.4.1 Measurements: 116 22.4.2 22.4.3 (a) When units or measurements result in requirements of a fractional space, any fraction shall require one (1) space. (b) Loading space shall not be considered to supply required off-street parking space, nor shall required off-street parking spaces supply required off-street loading space. Non-parking uses: (a) Areas designated for off-street loading shall be used only for the loading and unloading of passengers, equipment, supplies, or merchandise. (b) In all zoning categories loading areas shall not be used for refuse containers; or for the repair, storage, dismantling or servicing of vehicles or equipment; or for the storage of materials or supplies; or for any other use in conflict with the designated parking and loading areas. Access and maneuvering: (a) Except for single family or two-family dwelling units, parking and loading areas shall be arranged so that vehicles shall not be required to back out of the parking or loading spaces directly into a public street. (b) Notwithstanding the provisions of Subsection (a) above, on streets classified as arterials or primary collectors on the city's thoroughfare 117 22.4.4 plan, circular drives shall be allowed. Circular drives must extend and provide storage for automobiles behind the property line. Space standards: (a) A space nine (9) feet by eighteen (18) feet of floor/lot area with unobstructed access to a public street shall be deemed to be parking space for one (1) vehicle. (b) Table 22.2, attached hereto, is incorporated in and made part of these regulations and shall be used in determining capacity of off street parking areas. (c) Unless otherwise specified, a space twelve (12) feet by thirty (30) feet with a clear height of fourteen (14) feet, and with unobstructed access to a public street or private drive shall be deemed to be loading space for one vehicle. 22.5 DEVELOPMENT STANDARDS The off-street parking or loading facilities required for the uses mentioned in these regulations shall be on the same lot or parcel of land as the structure they are intended to serve or on a lot or parcel of land abutting the lot they are intended to serve. 22.5.1 Curbs, wheelstops, and islands: Parking and loading spaces shall be provided with curbs, wheelstops, or raised islands so located that no part of the parked 118 22.5.2 22.5.3 22.5.4 22.5.5 vehicle shall extend beyond the parking space or across a property line. Lighting: Any light used to illuminate or identify a parking or loading area shall be placed so as to reflect the light away from the adjacent dwellings and so as not interfere with traffic control devices. Pavement marking and signing: All pavement marking and signing shall be in conformance to the design requirements as set forth in the Manual on Uniform Traffic Control Devices. Landscaping: If parking and maneuvering space exceeds one acre, at least five (5) percent thereof shall be maintained as landscaped area, with adequate and inconspicuous irrigation systems. It is the intent of this section to require design and construction of parking areas in a manner whereby areas unuseable for parking or maneuvering space are landscaped. Fences, walls and screens: Where a fence is not otherwise required, parking or loading areas designed for more than six (6) spaces or berths adj acent to residentially zoned property shall be screened by a solid wall not less than six (6) feet in height. Said wall shall be maintained in a neat and orderly condition. Except for necessary driveways, said wall shall screen the vehicle area along those exposures 119 where the vehicle area adjoins or is across a street or alley from property restricted to residential use. 22.5.6 Maintenance requirements: To insure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the city. Visibility triangle and parkway requirements: Parking and loading areas shall be designed and constructed so as to prevent intrusion into or use of the visibility triangle or parkway as defined in the Code of Ordinances of the city. 22.6 OFF STREET LOADING REQUIREMENTS 22.5.7 There shall be provided, in connection with each allowable use, off- street loading facilities in accordance with the following minimum requirements. The following off-street merchandise and passenger loading spaces shall be permanently and clearly marked. Each off- street merchandise loading space shall be no less than twelve (12) feet by thirty (30) feet with clear height of fourteen (14) feet and 120 each off-street passenger loading space shall be no less than twelve (12) feet by thirty (30) feet with a clear height of fourteen (14) feet. 22.6.1 Passenger and merchandise loading space: The following amounts of marked off-street passenger and merchandise loading spaces shall be required for the following use classes as set forth in the Table 22.1. 121 TABLE 22.1 PASSENGER AND MERCHANDISE LOADING SPACES A. MERCHANDISE LOADING SPACE REQUIREMENTS GROSS FLOOR AREA -- SQUARE FEET SPACES REQUIRED 0 up to and including 20,000 . . . . . . . . . . . . . . . . . Non e 20,001 up to and including 100,000 .................1 100,001 up to and including 200,000 .................2 200,001 up to and including 300,000 .................3 and for each additional 100,000 over 300,000...............1 B. PASSENGER LOADING SPACE REQUIREMENTS: Marked off-street passenger loading spaces shall be required for the following enumerated use classes in lieu of the above merchandise loading spaces. Number of Use Loading Required for Each Additional Spaces Requirements l. Day-Care Center 3 First 20 Children One for Each Additional 20 Students 2. Educational a. Pre-School and Kindergartens 4 2 classrooms Need not exceed 20 b. Elementary 4 2 classrooms Need not exceed 20 c. Junior High 4 4 classrooms Need not exceed 20 d. Senior High 4 6 classrooms Need not exceed 20 e. Colleges 1 Building 122 ~ Use Number of Loading Spaces Required for Each 3. Health Facilities a. General hospital, convalescent home or sanitarium b. Outpatient, medical or dental clinic c. Loading space for emergency vehicles 3 Each patient care building 1 2 physicians See Section 22.6.2 4. Motels and Hotels 2 Minimum Additional Requirements One for each 60 Rooms 5. Places of Public Assembly Churches, school auditoriums, fellow- ship halls, theaters, 2 First 400 seats One for Each mortuaries, trans- Additional portation waiting 1,000 Seats rooms, etc. 6. Recreational and Cultural Facilities a. Amusement park 2 Minimum b. Bowling alley 2 Minimum c. Skating rink or dance hall 2 Minimum d. Swimming pools 2 Minimum e. Museum and Library 2 Minimum 7. Restaurants and Food Services 1 200 seats 123 1 Minimum 22.6.2 Loading Space for Emergency Vehicles: There shall be provided within thirty (30) feet of the main entrance to every building, according to the criteria set forth below, one permanently marked area not less than thirty (30) feet in length and marked "Emergency Vehicles Only. II This requirement shall apply only to: (a) Office type buildings having a gross floor area of twenty thousand (20,000) square feet or more in area. If visitor or tenant parking is permitted adjacent to the building or along a curb or walkway next to the building, the Emergency Vehicle zone shall be reserved next to a raised island extended from the building or parking curb for a distance equal to the depth of the adjoining parking stalls, but shall not be required to be more than twenty (20) feet. 124 - 22.6.3 Parking Space for Disabled: For every occupancy of more than ten thousand (10,000) square feet of floor area, and for each additional ten thousand (10,000) square feet 22.6.4 thereafter, at least one parking space of not less than twelve (12) feet x eighteen (18) feet shall be designated and clearly marked for use by disabled persons. Such parking space shall be at least as close to an entrance as any non-disabled parking space. Fire Lanes: Fire lanes as required by the Fire Code shall be provided and clearly marked. 22.7 MINIMUM PARKING AREA AND SPACES Minimum required area for each parking space shall not be less than that furnished by Table 22.2. The minimum number of spaces for each class of use shall not be less than that established by Table 22.3. l 125 TABLE 22.2 Minimum Parking Area Requirements for Typical Parking Angles NOTE: All Parking Stalls for Angle Parking are 18 feet long. All Dimensions are expressed in feet. Parking Lane Sum: Aisle Curb Length Parking Stall Depth Curb- Aisle Plus Two Sum: Two For "N" Angle Width To-Aisle Width Parking Lanes Overlapping Number Curb-To-Aisle Lanes Of Cars a 10' 10.0 12.0 32.0 c Nx23 0° 9'6" 9.5 12.0 31.0 c Nx23 (Parallel) b 9' 9.0 12.0 31.0 c Nx23 10' 17.7 12.0 47.4 38.7 2.32 + (Nx20) 30° 9'6" 17.2 12.4 46.6 38.6 3.07 + (Nx19) 9' 16.8 12.4 46.0 38.2 3.82 + (Nx18) 10' 19.2 15.4 53.8 46.8 7.07 + (Nx14.14) 45° 9'6" 18.9 15.4 53.2 46.5 7.42 + (Nx13.44) 9' 18.5 15.4 52.6 46.2 7.77 + (Nx12.74) 10' 20.3 20.2 60.8 55.8 7.11 + (Nx11. 56) 60° 9'6" 20.1 20.2 60.4 55.6 7.26 + (Nx10.97) 9' 19.9 20.2 60.0 55.4 7.40 + (Nx10.40) 63° 28' 10' 20.4 20.0 60.8 56.3 6.70 + (Nx11.18) (2 to 1 9'6" 20.2 20.2 60.6 56.3 6.82 + (Nx10.62) Angle) 9' 19.9 20.4 60.2 56.2 6.93 + (Nx10.07) 90° (Right Angle) 10' 9'6" 9' 18.0 18.0 18.0 26.0 26.0 26.0 62.0 62.0 62.0 c c c Nx10 Nx9.5 Nx9 a. Minimum stall width for residential accessory parking. b. Minimum stall width for parking space provided for other than dwelling units. c. Parking lanes do not overlap for parallel or right angle parking. 126 Table 22.3 (continued) Use Number of Parking Spaces Required for Each Additional Requirements (1) RESIDENTIAL (a) Single Family Dwelling 4 Dwelling unit (b) Townhouse, row- house, duplex, 2 Living unit quadruplex or condominium (c) Apartment, 2.5 Living unit (d) Dormitory 1.5 Two (2) occupants per designed occupancy (e) Duplex 2 Living unit One additional for each bedroom over three (2) INSTITUTIONAL SPECIAL (a) Conununity Center 1 125 square feet of floor space (b) School - Elementary and Junior High 1 100 square feet of class room space School (c) High School 1 125 square feet of floor space (d) Place of public assembly 1 Three seats (e) College or University 1 125 square feet of floor space (f) Church 1 Three seats in sanctuary or auditorium 127 Table 22.3 (continued) Use Number of Parking Spaces Required for Each (f) Kindergarten, day nursery, day care (g) Hospital (h) Home for the aged and convalescent home (i) Library (j) Mortuary, funeral chapel 500 square feet 1 1.5 Bed 1.5 Three beds 1 400 square feet of public area 1 Three seats in chapel (3) RECREATIONAL, SPECIAL AND ENTERTAINMENT (a) Theater 1 Three seats (b) Bowling alley 2 Lane (c) Coin machine 1 125 square feet arcades, other of floor area commercial amusements (indoor) (d) Commercial 1 500 square feet amusements of site area (outdoor) exclusive of buildings (e) Lodge, fraternal 1 50 square feet organization of floor area 128 Additional Requirements Table 22.3 (continued) Use Number of Parking Spaces Required for Each (4) PERSONAL SERVICE AND RETAIL (a) Personal service shop (except Barber and 1 Beauty Shops) 150 square feet of floor area (b) Beauty Shops and Barber Shops 1 (c) Retail stores or shops (inside) 1 (d) Outside retail 1 sales 100 square feet 250 square feet of floor area 1,000 square feet of site area exclusive of buildings (e) Coin-operated or self-serve laundry or dry cleaning 1 250 square feet of floor area (5) FOOD AND BEVERAGE SERVICES (Separate Building Only) (a) Fast Food Service 1 150 square feet floor area (b) Drive-in eating establishment 1 150 square feet of floor area for employee parking (c) Cafe, restaurant cafeteria, and all other eating or drinking establishments 1 100 square feet floor area 129 Additional Requirements Minimum of eight spaces Minimum of 8 spaces Minimum of 15 spaces Table 22.3 (continued) Use Number of Parking Spaces (6) BUSINESS SERVICES (a) Bank 1 (b) Savings and 1 loan or similar institution (c) Medical or dental clinic 1 (d) Office, business 1 over 10,000 sq. ft. (e) Small and pro- 1 fessional build- ing less than 10,000 sq. ft. (7) AUTOMOTIVE AND EQUIPMENT (a) Service Station 1 (b) Auto repair, 1 garage or shop (indoor) (c) Vehicle or 1 machinery sales (d) Car wash 1 Required for Each 300 square feet of floor area 300 square feet of floor area 200 square feet of floor area 300 square feet of floor area 250 square feet of floor area 150 square feet of floor area 500 square feet of floor area 500 square feet of floor area 150 square feet of floor area 130 Additional Requirements Minimum of four spaces Minimum of five spaces Plus one per 1,000 square feet of site area exclusive of building and parking. Use Table 22.3 (continued) Number of Parking Spaces Required for Each Additional Requirements (8) STORAGE, WHOLESALE AND MANUFACTURING (a) Brick or lumber yard or similar area (b) Open storage of sand, gravel, petroleum (c) Warehouse and enclosed storage (73-44) (d) Manufacturing operations (9) (a) Shopping Centers, Malls and Retail Multi-Occupancy 1 3,000 square feet of site area 1 3,000 square feet of site area 1 3,000 square feet of floor area 1 500 square feet of floor area 1 250 square feet of floor area (b) Shopping Centers, Malls and nonresidential multi-occupancy uses over 60 acres: one parking space required for each 250 square feet of floor area. (10) (a) Any other use (11) (a) All other Multi- use Occupancy 1 250 square feet of floor area 1 250 square feet of floor area 131 23.1 PURPOSE SECTION XXIII AGRICULTURAL DISTRICT This district is intended to preserve lands best suited for agricultural use from encroachment of incompatible uses, and to preserve in agricultural use, land suited to eventual development into other uses pending proper timing for practical economical provisions of utilities, major streets, schools and other facilities so that reasonable development will occur. A change of zoning from AG to any other classification shall be in accordance with provisions established by this ordinance. 23.2 PERMITTED USES The following are the only permitted uses within the AG district and are subject to the general conditions of this section and such other sections as applicable: 23.2.1 23.2.2 23.2.3 23.2.4 23.3 GENERAL CONDITIONS 23.3.1 Agriculture including the raising of field crops, horticulture, animal husbandry subject to the rules and regulations of the City, County and State Health Departments. Ranch and farm dwellings necessary to agricultural operations. Parks and playgrounds. City and utility uses. Property once changed from AG zoning to any other zoning district shall not be changed back to AG zoning 132 23.3.2 23.3.3 23.3.4 23.3.5 for any reason. Also property already zoned other than AG cannot be zoned AG for any reason. Property zoned AG cannot be sub-divided and developed for any other purpose than strictly agriculture use without an approved zoning change. Minimum lot area: Every lot within the AG district shall be at least two (2) acres in area. Building line requirements: (a) Minimum front building line: There shall be a front building line having a minimum depth of at least twenty-five (25) feet. (b) Minimum side building line: There shall be two (2) side building lines one on each side of the building having a combined width of not less than twenty (20) percent of the lot width, provided that in no case shall one (1) side building line be less than ten (10) feet. (c) Minimum rear building line: There shall be a rear building line of not less than twenty (20) percent of the lot area behind the rear walls of the structure, provided that no wall of the structure being closer than twenty five (25) feet to the rear property line, nor closer than ten (10) feet to any underground utility. Height restrictions: No building shall exceed thirty-eight (38) feet in height. 133 SECTION XXIV SPECIAL DEVELOPMENT CONTROLS The regulations and development controls of the various districts shall be modified by and be subject to the following provisions and limitations. 24.1 LOT REQUIREMENTS (a) Lot Required: Every building hereafter erected shall be located on a platted lot recorded in the County Records and in no case shall there be more than one main building on such lot, except as herein provided. (b) Multiple structures on lot: In any district where more than one (1) structure is permitted, and principal use is other than a single-family dwelling, multiple structures may be erected on a lot of record, provided that building lines and other requirements of these regulations shall be met for each structure. (c) Adequate and proper sanitary facilities must be provided and approved by the City Enforcing Officer for all uses in all zoning districts. 24.2 MINIMUM DWELLING UNIT SIZE: Every dwelling unit hereafter erected, reconstructed or altered in R-1, R-2 or R-3 residential districts shall have a minimum floor area as follows: R-1 1,800 square feet, R-2 1,600 square feet, and R-3 and AG 1,400 square feet exclusive of breezeways, basements, open and closed porches, common corridors, parking areas, garages and accessory buildings. 134 I 24.3 HEIGHT LIMITATIONS (a) General exceptions: The height regulations contained in the District Regulations shall not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. (b) Visibility at intersections: On any corner lot nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision in the visibility triangle as defined in the City Code of Ordinances. 24.4 TEMPORARY USES AND BUILDINGS (a) Nothing herein shall prohibit the placement of temporary portable buildings providing office space, sanitary facilities or storage of supplies or materials, or the erection of security fences on the site and during the period of any construction project upon application for and receipt from the City Enforcing Officer of a permit. However, no manufacturing operation shall be conducted within a temporary or portable building when the product of such operation is to be transported off the site for use in construction at another location. 24.5 LIVESTOCK Agricultural and livestock uses may be conducted in Agriculture Zoning provided, however, neither livestock nor fowl may occupy any lot of less than two (2) acres. 135 r 24.6 TEMPORARY SALES On any property in any district except those zoned for residential uses, the temporary sales of Christmas trees and other forms of decorative plant materials associated with celebration of religious events may be permitted for a period of thirty (30) days prior to the day of religious celebration. The City Enforcing Officer may issue a permit for such sale when he finds: (a) That there is available adequate off-street parking area, either improved or unimproved, as determined by the enforcing officer. (b) That that location and layout of drives, parking areas, lighting, and sale signs will not constitute a hazard to public travel on the abutting public streets. Trees, stands, equipment, trash, signs and lighting shall be removed by the permit holder within fourteen (14) days after final termination of sales activities. (c) Temporary use other than those mentioned above are allowed only if the following conditions are met. The property where the activity is to be conducted must be zoned for such use and platted and improved. No outside use of property will be allowed except by existing occupants of the property. This includes parking of vehicles for a purpose other than conducting business on the premises. 24.7 ACCESSORY BUILDINGS No permanent accessory building shall be located in a minimum required yard. No accessory building shall exceed ten (10) feet in height and exceed two hundred (200) square feet in area. 136 24.8 MECHANICAL EQUIPMENT Swimming pool equipment, and similar mechanical equipment shall be so placed as to direct motor and fan noise away from the nearest property line. Mechanical equipment on rooftops shall be screened from all adjacent public sites. Placement solar collectors must have approval of the City Enforcement Officer. 24.9 YARD ACCESSORIES Fences, walls, poles, posts, customary fixed yard accessories and ornaments, and roof overhangs projecting not more than thirty six (36) 24.10 inches, may be permitted height limitations and visibility. WIND CHARGERS - TV SATELLITE DISC. RECEIVERS in any minimum required yard subject to requirements limi t ing obstruction of 24.11 Wind chargers shall be allowed only on two (2) acre lots or larger and require a permit prior to installation from City enforcement officer. TV Satellite disc receiver shall only be allowed in rear yards. Top of disc may not be higher than ten feet above adjacent ground level. Such devices must also be screened by a six foot wood fence or masonry fence. Permit issued by City Enforcement Officer is required prior to installation of disc type receivers. SWIMMING POOLS It is the purpose of these provisions to promote the public safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools whether privately, publicly or commercially owned or operated. 137 24.11.1 24. 11. 2 Permits and Approvals: No swimming pool shall be constructed until a building permit has been issued therefor, and shall not be used until a certificate of occupancy has been issued. No building permit and no final certificate of occupancy shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and State Health Department regulations. Requirements: A swimming pool may be constructed and operated when: (a) The pool is not to be located in front or side yards (except on irregular and/or cul-de-sac lots where City Enforcement Officer may grant permit for side yard use). (b) A wall or fence, not less than six (6) feet in height, with self-latching gates at all entrances completely encloses either the pool area or the surrounding yard area. (c) All lighting of the pool is shielded or directed to face away from adjoining residences. If lights are not individually shielded, they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent properties. 138 24.12 24.13 (d) No audio system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers. SALE OF HOUSEHOLD EFFECTS AND PERSONAL BELONGINGS In connection with the residential occupancy of a dwelling, the tenants thereof may offer their personal belongings and household effects for sale to the general public in a garage or other accessory building, provided, however, a permit is granted by the city, the interval between such sales shall be at least six (6) months, and no sale period shall extend for more than two (2) consecutive calendar days. (The occasional sale of personal automobile, trailer, boat and like belongings may be allowed without permit.) WALLS AND FENCES 24.13.1 Permit required: No fence shall be erected or replaced and no required fence shall be removed without a fence permit obtained from the City Enforcing Officer. 24. 13 . 2 Fence permit application: A person desiring a permit to erect or remove or replace any fence shall make written application to the City Enforcing Officer, which application shall designate the location of the fence on the lot, the height of the fence and the materials of which the fence is to be constructed. 139 24.13.3 24.13.4 Screening Fence Required: A permanent screening fence of masonry and/or stockade type wood not less than six (6) feet in height, or permanent screening designed by an architect or landscape architect shall be erected prior to issuance of a Certificate of Occupancy on all property zoned R-7-MF, 0, LR, C-1, C-2, OC, I-I, 1-2, or U which abuts on property zoned R-1, R-2, R-3, R-4-SD or R-5-D. On property zoned 0, LR, C-1, C-2, OC, I-lor 1-2 which abuts on property zoned R-6-T, R-7-MF, or U, such screening fence shall be erected along the entire length of the common line between such property or on the property required to erect screening, and it shall be permanently and adequately maintained by the owner of the property on which the screening is required to be erected. Safety: No wall or fence shall be constructed or maintained in such a manner as would endanger the health or safety of the general public. Fences constructed of barbed wire (except for livestock fences) and walls topped with broken glass or surfaced with like materials shall be prohibited, provided, however, a security fence of not less than six (6) feet in height may be topped by barbed wire in C-2, I-I and 1-2 only. No electric fence shall be permitted. 140 24. 13 . 5 Height restrictions: Walls and fences hereafter constructed on property used for or restricted to residential uses shall be no greater than eight (8) feet in height, subject to the following limitations: (a) The height of a wall or fence shall be the vertical distance between the ground and the top of the fence. In terrain where ground slopes at a grade of ten (10) percent or more, the fence or wall may be built in eight (8) foot horizontal stair-step sections; the average height of such section shall comply with the height regulations set forth herein. (b) No wall or fence located in a required front exterior yard shall have a height of more than one and one-half (1~) feet. (c) No wall or fence located on a corner lot shall have a height in conflict with the regulations governing visibility at intersections as prescribed in the Code of Ordinances. (d) Retaining walls shall be permitted for the purpose of protecting property against sliding earth or accidental injury to human life. The height of a retaining wall shall be determined according to accepted engineering principles and the design shall be approved by the enforcing officer. A fence erected on top of a retaining wall shall be 141 24.14 24.15 subject to the height limitations above, measured from the high side of the wall. (e) When two adjoining corner lots are situated so that their lot fronts face parallel streets, and so that the side exterior yard of one is a continuation of the side exterior yard of the other, such side exterior yard on both lots may be enclosed by a wall or fence having a maximum height above grade of six (6) feet to the rear of the side exterior yard on each lot. MAJOR RECREATIONAL EQUIPMENT For the purposes of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No such equipment shall be used for living, sleeping, home occupation, or household purposes when parked or stored on a residential lot, or in any location not approved for such use. FRONT YARD STORAGE No part of a residential front yard shall be used for parking or storage of any vehicle, object or material; except, however, trailers and motor vehicles which are both currently licensed and operable may park only in paved driveways. 142 24.16 ENVIRONMENTAL REGULATIONS The following regulations are to control contamination of the air, water, or the environment, and to safeguard the health, safety and welfare of the people. No machines, process or procedures shall be employed on any property in the City, in which; (a) Emission of radioactivity, electromagnetic disturbances, smoke, dust, noxious, toxic or lethal gases are detectable beyond the perimeter of the property. (b) Materials are stored or accumulated in such a way that they may be carried by rainwater in natural drainage channels beyond the limits of the property, which are noxious, toxic, radioactive, contain oil or grease, wood or cellulose fibers, hair, feathers, plastic, or have a pH factor above nine (9) or below five (5). (c) Vibration is discernible beyond the property line. (d) Direct glare is discernible beyond the property line. (e) No swimming pool, storm water drain, roof drain, or area drain shall empty into the sanitary sewer. Permits must be obtained from the enforcing officer before discharge into any public right of way or easement. Swimming pools shall not be allowed to become stagnant or to contain any water which due to its condition is unhealthful. (f) All disposal of waste materials shall meet all the require- ments of City, State and Federal regulations and laws. 143 24.17 24.18 LANDSCAPING 24.17.1 All required landscaped open space shall be provided with adequate and inconspicuous irrigation systems, and shall be properly maintained. All required landscaped open areas shall be completely covered with living plant material, except that trees and shrubs three feet in height or greater shall contribute toward the required landscaping area for the site based on areas shown in Table 24-1 to the extent that such areas are not paved or built over. Artificial landscaping materials such as wood chips and gravel may be used under trees. Landscaping of parkways may be included in computing overall percentage. LOT WIDTHS - IRREGULAR AND/OR CUL-DE-SAC The Planning and Zoning Commission may approve lots of irregular shapes which do not fully meet the lot require- ments of the zone district. 144 TABLE 24-1 EQUIVALENT LANDSCAPE AREA FOR TREES AND SHRUBS Height of Trees or Shrubs Above Finished Grade (When Planted) Equivalent Landscaped Area (Square Feet) * 3' 20' 4' 35' 5' 60' 6' 90' 7' 130' 8' 180' 9' 240' 10' 300' 11' 370' 12' 440' 14' 590' 16' or more 760' *Plantings less than three (3) feet in height above finished grade shall not be counted in computation of equivalent landscaped area. 145 SECTION XXV APPLICATION OF DISTRICT REGULATIONS 25.1 UNIFORMITY The regulations set by this ordinance for each district shall be the minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided. 25.2 No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all the regulations herein specified for the district in which it is located. This shall be deemed to include only the portion of the building, structure or land which is actually newly occupied, newly used, erected, constructed, reconstructed, moved or structurally altered after the effective date of this ordinance. 25.2.1 Lot area deficiency: If a lot was legally platted 25.2.2 prior to the effective date of this ordinance, was held in separate ownership from any adj acent property at such time, and contains less area than is required under these regulations, such lot may be used for any use lawful within the district notwithstanding such lot area deficiency; provided, however, such lot shall be subject to all other district regulations. This section does not apply to Planned Development areas. Building lines: In previously platted subdivisions, 146 the building shall not be set back from the property line any further than a majority of principal buildings previously constructed in the subdivision. 25.3 NEWLY ANNEXED TERRITORY All territory which may hereafter be annexed to the City of North Richland Hills shall automatically be classed as lying and being in district "AG" until such classification shall have been changed by an amendment to the zoning ordinance as provided by law. No person shall erect, excavate, construct or proceed or continue with the erection or construction of any building or structure or add to, enlarge, move, improve, alter, repair, convert, or demolish any building or structure or cause the same to be done in any area of the city or in any newly annexed territory to the City without first applying for and obtaining a building permit from the Enforcing Officer as may be required in applicable city ordinances. 25.5 COMPLETION OF BUILDINGS 25.4.1 25.4.2 Nothing herein contained shall be deemed to require any change in the plans, construction, or use of a building for which a currently valid building permit has been obtained at the time of passage of this ordinance, so long as the entire building is completed within one (1) year from the effective date of this ordinance. The Zoning Board of Adjustment upon application may grant one (1) extension of the time of completion of not 147 more than six (6) months upon a showing of reasonable progress of construction. Any building permit in effect at the passage of this ordinance shall become void if construction is not begun within one hundred twenty (120) days thereof. 25.6 OCCUPANCY OF DWELLING UNITS 25.6. 1 No dwelling unit shall be occupied except by a family, as that term is defined herein. 25.6.2 No use is permitted in any district unless it is specifically allowed by the regulations governing such district. Any use not named in any district is prohibited from the entire city. A use named in any district and not named in any other district is allowed only in the district where it is named. Where district regulations specifically allow permitted uses from another district, such shall allow only those uses appearing under the "Permitted Uses II section of such other district, and shall not allow "Planned Development" uses or "Conditional Uses. II 25.7 Reserved. 25.8 ALCOHOLIC BEVERAGE SALES The terms lire tail sales, cafes, restaurants, cafeterias, fast food service, drive-in eating establishment and convenience food store" do not include the right to sell alcoholic beverages. 148 26.1 26.2 26.3 SECTION XXVI NONCONFORMING USES NONCONFORMING "Nonconforming" shall be deemed to mean that a use or structure was lawful at the time it was begun, but could not presently be so begun, used, or constructed under current ordinances and zoning. LAWFUL US E The lawful use of any building, structure, sign or land existing at the time such property was more restrictively zoned may be continued except as this ordinance may require abatement within a given period of time; provided, however, the right to continue such nonconforming uses shall be subject to regulations prohibiting nuisances and shall be terminated when such constitutes a nuisance. Such use nonconforming uses shall be subject to such reasonable regulations as the Zoning Board of Adjustment may require to protect adjacent property and shall be subject to the specific nonconforming use regulations herein contained. SINGLE OR MULTIPLE FAMILY ZONES In any of the "R" single or multiple family residential zones, build- ings which were legally used for uses not allowed in such district by this ordinance at the time of its passage or which may be prohibited by future amendments shall be removed or converted and their premises thereafter devoted to uses permitted in the district within five (5) years of the date hereof, or within the period required by the previous ordinance also requiring abatement of such nonconforming use, 149 II 26.4 whichever is less, or if such uses are hereafter made nonconforming by amendments to districts or to the regulations thereof, within five (5) years of the date such use becomes nonconforming; provided, however, if the fair market value of the buildings as considered separate from the land, as used for commercial purposes is more than twenty thousand dollars ($20,000.00) above the value of such buildings used for conforming uses, all as existed at the time the use was first required by this or any previous ordinance requiring abatement, then the Zoning Board of Adjustment may grant an extension for amortization purposes not to exceed an additional ten (10) years. USES OF LAND IN SINGLE OR MULTIPLE FAMILY ZONES Uses of land not requiring a business building, including outside storage, outside sales, trailer parks and courts and the like located in any "R" single or multiple family zoning district shall cease and desist within two (2) years of the date of this ordinance or within the period required by any previous ordinance also requiring abatement, whichever is less, or, if such uses are hereafter made nonconforming by amendments to districts or to the regulations thereof, within two (2) years of the date such use becomes nonconforming. The shorter period provided for nonconforming uses without buildings is based on the lack of any capital investment in improvements as distinguished from land value. If there are improvements of some type worth more than twenty thousand dollars ($20,000.00) more for the existing nonconforming use than for any conforming use, the Zoning Board of Adjustment may grant an extension 150 of time for amortization purposes not to exceed an additional ten (10) years. 26.5 ACCIDENTAL DAMAGE TO BUILDING If a building occupied by nonconforming uses is destroyed by fire or the elements, it may be reconstructed or rebuilt to conform with provisions herein. In the case of partial destruction by fire or other causes, not exceeding fifty (50) percent of its current replacement value, the Enforcing Officer shall issue a permit for reconstruction. If greater than fifty (50) percent and less than total, the Zoning Board of Adjustment may grant a permit for repair but not for enlargement of the building. 26.6 SUBSTANDARD STRUCTURE The right to own and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure becomes substandard under any applicable ordinance of the city and the cost of placing such structure in lawful compliance with the applicable ordinance exceeds fifty (50) percent of the replacement costs of such structure. 26.7 DETERMINATION OF REPLACEMENT COST In determining the replacement cost of any nonconforming structure, there shall not be included therein the cost of land or any factors other than the nonconforming structure itself including foundation. 26.8 REPAIRS AND ALTERATIONS Repairs and alterations may be made to an undamaged nonconforming building or structure; provided, however. no structural alterations shall be made except those required by law or ordinance, unless the 151 26.9 26.10 26.11 building is changed to a conforming use; and provided that no additional dwelling units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. No enlargement or extension of a nonconforming use shall take place. CONTINUANCE OF NONCONFORMING USE Except as this ordinance may otherwise require, any nonconforming use may be continued in operation on the same land area and on the same floor area in a structure or structures which were occupied by the nonconforming use on the effective date of these regulations or on the effective date of any amendment by which the use became nonconforming, but such land area or floor area shall not be increased. CHANGING A NONCONFORMING USE Any nonconforming use may be changed to a use conforming with the regulations herein established for the district in which the nonconforming use is located; provided, however, that a nonconforming use so changed shall not thereafter be changed back to a nonconforming use. A nonconforming use shall not be changed to another nonconforming use. ABANDONMENT A nonconforming use of any building or structure which has been abandoned shall not thereafter be returned to any nonconforming use. A nonconforming use shall be considered abandoned when: (a) It has been replaced with a conforming use. (b) Such a building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period 152 of six (6) months, or the special equipment and furnishings peculiar to the nonconforming use have been removed from the premises and have not been replaced within such six (6) month period. (c) The intention of the owner to permanently discontinue the use is apparent. 153 SECTION XXVII ZONING BOARD OF ADJUSTMENT 27.1 CREATION There is hereby created a Board of Adjustment consisting of five (5) members and two (2) alternates each to be appointed by a majority of the City Council for a term of two (2) years and removable for cause by the appointing authority. It is the declared policy of the City Council that it will consider and appoint only those persons who have demonstrated their civic interest, general knowledge of the community, independent judgment. and availability to prepare for and attend meetings. 27.2 TERMS OF OFFICE The members shall serve for a period of two (2) years and until their successors are duly appointed. Qualified Board members may be appointed to succeed themselves. 27.3 VACANCY Vacancies shall be filled for unexpired terms; no member shall be appointed for a term in excess of two (2) years. A vacancy in a term of office shall occur whenever the City Council finds that member has resigned, has not maintained the qualifications required for appointment or has been removed by City Council for cause. 27.4 ORGANIZATION The Board shall elect a chairman from among its members to preside at meetings. Such chairman, or in his absence an acting chairman elected from among the members, may administer oaths and compel the attendance of witnesses. The Board shall designate the time and place of its meetings. The Board may adopt roles to govern its proceedings, provided however. that 154 such rules are not inconsistent with this ordinance. All meetings of the Board shall be open to the public. 27.5 MEETINGS AND QUORUM Four (4) members of the Board shall constitute a quorum for the conduct of business. The members of the Board shall regularly attend meetings and public hearings of the Board and shall serve without compensation. Minutes shall be kept showing the vote of each member on each question or the absence or failure of each member to vote. Such proceedings shall be a public record and shall be retained for at least five (5) years. 27.6 DUTIES AND POWERS The Board of Adjustment shall have the powers and exercise the duties of a Board in accordance with Article 10.11(g), Revised Civil Statutes of Texas. Board members are representatives of the city and shall have the right to inspect premises where required in the discharge of their responsibilities under the laws of the State of Texas and the ordinances of the City of North Richland Hills. The Board's jurisdiction shall extend to and include the hearing and deciding of the following topics of appeals and applications and to that end shall have the necessary authority to ensure continuing compliance with its decision. 27.6.1 Interpretation: To render an interpretation of the Zoning regulations or the manner of their application where it is alleged that there is error in any order, requirement, or determination made by the Enforcing Officer in the administration of such provisions. In reaching its decision, the Board shall establish firm guidelines for future administrative actions on like manners. 155 27.6.2 27.6.3 Variance: To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest. However, the Board shall not have the power to grant variances from the terms of this ordinance dealing with density, minimum parking or loading space requirements in R-5-D, R-6-T, R-7-MF, 0-1, LR, C-1, C-2, OC, I-I, and 1-2 zone districts, or grant a variance for a change in use not allowed in a district. Variances shall not be authorized unless the Board makes an affirma- tive finding to all the following requirements: (a) That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property. (b) That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district. (c) That the relief sought will not injure the permitted use of adjacent conforming property. (d) That the granting of the variance will be in harmony with the spirit and purposes of these regulations. No variance shall be granted except on the concurring vote of four (4) members of the Board. 156 27.7 INTERPRETATION REQUEST: VARIANCE APPEAL A request for interpretation of regulations or an appeal for variance from a certain Development Controls (Sec. XXIV) may be taken by any person aggrieved or by any officer, department, or Board of the city affected by a decision of the Enforcing Officer. Such appeal shall be taken within fifteen (15) days time after the decision has been rendered, by filing with the Enforcing Officer a notice of appeal specifying the grounds thereof. The Enforcing Officer shall forthwith transmit to the Board all papers constituting the record upon which the action being appealed was taken. 27.8 STAY OF PROCEEDINGS An appeal shall stay all proceedings of the action appealed from unless the City Enforcing Officer after the notice of appeal has been filed certifies to the Board that, by reason of facts stated in the certificate, a stay would, in the opinion of the City Enforcement Officer cause imminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order which may be granted by the Board or by a court of record. 27.9 FORM OF APPEAL OR APPLICATION The appeal or application shall be in such form and shall contain such information as the Board may require under its Rules of Procedure. It shall be accompanied by the required fee. An incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the Board and shall not be reviewed or scheduled for hearings until brought to completion. 157 I 27.10 NOTICE OF HEARING Official written notice of public hearing on every application for a variance or for an interpretation of regulations applying solely to an individual property shall be sent to all owners of property, or the person rendering the same for taxes, affected by such application, located within two hundred (200) feet of any property affected thereby, excluding any intervening public street, at least ten (10) days before such hearing is held. Such notice shall 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. Notice of hearings shall also be given by causing publication of the time and place of such hearing in the official newspaper at least ten (10) days prior thereto, together with a brief description of the subject matter of the hearing. 27.11 HEARING (a) Upon the hearing, any party may appear in person or by attorney or agent. Evidence supporting the granting or denial of an appeal shall be submitted only through the City Enforcing Officer or to the Board in public meeting. (b) Any appeal or application may be withdrawn upon written notice to the City Enforcing Officer but no appeal shall be withdrawn after posting of hearing notice and prior to Board action thereon with- out formal consent of the Board. (c) The Board shall make its decision on any application within forty-five (45) days from the time the initial hearing is held or the application will be deemed to have been denied. 158 27.12 DECISION AND VOTING (a) Every decision of the Board shall be based upon findings of fact and every finding of fact shall be supported in the record of proceedings. The Board may act only in matters as specifically authorized by these regulations and these regulations shall be construed as limitations on the power of the Board to act. (b) Nothing herein contained shall be construed to empower the Board to change the terms of these regulations, or to effect changes in the zoning districts. The powers of the Board shall be so applied that the terms of these regulations will be strictly enforced. (c) The concurring vote of four (4) members of the Board shall be necessary to reverse, on appeal, any order, require- ment, decision or determination of the City Enforcing Officer, or to grant any variance that the Board is empowered to grant. (d) A member shall disqualify himself from voting whenever he has a personal or monetary interest in the property under appeal, or will be directly affected by the decision of the Board. (e) A member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the member I s vote on the appeal other than in the public hearing. 159 27.14 APPROVAL OF REQUEST (a) In approving any request, the Board may designate such conditions including time limits, if appropriate, in connection therewith in order to secure substantially the objectives of the regulation or provision to which such variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted. (b) When necessary the Board may require guarantees, in such form as it deems proper, to insure that conditions designated in connection therewith are being or will be complied with. (c) Upon approval of an application for a variance appeal, the applicant shall apply for occupancy or construction permits within sixty (60) days after the Board's decision unless a greater time is requested in the application and is author- ized by the Board. Any approval may be granted one emergency extension of sixty (60) days on written request filed with the Board before expiration of the original approval. Failure of the applicant to apply for occupancy of construction permits within the authorized time period shall void the right to secure such permits except upon the filing of a new application or appeal. 160 ~ 27.15 DENIAL OF REQUEST No appeal or application that has been denied shall be further considered by the Board, unless the Board affirmatively finds: (a) that new plans materially change the nature of the request, or (b) the permitted development of other nearby property in the same zone has been substantially altered or changed by a ruling of the Board so as to support an allegation of changed conditions. 27.16 APPEAL OF BOARD ACTION Any person or persons, jointly or separately, or any taxpayer, or any officer, department, or Board of the city, aggrieved by any decision of the Zoning Board of Adjustment may present to the appropriate court of record, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of such illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision complained of in the offices of the Board and not thereafter. 161 SECTION XXVIII AMENDMENTS 28.1 GENERAL The zoning regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or repealed. Such amendments, supplements, changes, modification or repeal shall be deemed to amend, supplement, change, modify or repeal the comprehensive plan of the city and shall become a part of such comprehensive plan. 28.2 AMENDMENT INITIATION An amendment to this ordinance may be initiated by: (a) City Council on its own motion; (b) Planning and Zoning Commission; (c) Request by owner or agent of owner of property to be changed. 28.3 PROCEDURE All requests for amendments to zoning district boundaries shall be submitted, together with required fees, to the City Enforcing Officer, 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. 162 28.4 PUBLIC HEARING AND NOTICE Prior to making its report to the City Council, the Planning and Zoning Commission shall hold at least one 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 who have rendered their property for city taxes, which is located within the area proposed to be changed, within two hundred (200) feet of such property or within two hundred (200) feet of any other adj acent property under the same ownership as the tract to be rezoned. Measurements shall be taken exclusive of public streets. Such notice may be served by using the last known address as listed on the City Tax Roll and depositing the notice, postage paid, in the United States mail. No notice of hearings before the Planning and Zoning Commission on proposed changes in zoning regulations need be given except as may be required by "open meeting" laws. 28.5 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 hearing thereon. If the Commission fails to finally report after sixty (60) days, it would be deemed to have recommended negatively to the proposal. 163 28.6 FORWARDING FINAL REPORT Every proposal receiving a final report by the Commission shall be forwarded to the City 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. 28.7 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 City Council will not consider it. 28.8 SIGN POSTING The City Enforcing Officer shall have at least one 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 Councilor when the applicant withdraws the request, whichever comes first. The erection or continued maintenance of signs shall not be deemed a condition precedent to the granting of any zone change or the holding of any public hearing. 28.9 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 City Council. Notice of Council hearing shall be 164 r given by publication one time in the official paper 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. 28.10 DENIAL OF REQUEST FOR REZONING No application for rezoning shall be considered within six (6) months of denial of a request for the same classification on the same property. 28.11 PROTEST AGAINST CHANGE In case of a protest against such change signed by the owners of twenty (20) percent or more either of the land included in such proposed change, or of the land within two hundred (200) feet thereof, excluding any intervening public street, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all the members of the City Council present and qualified to vote. 28.12 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 City 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. 165 SECTION XXIX ADMINISTRATION, ENFORCEMENT AND FEES 29.1 ADMINISTRATION The Enforcing Officer as designated by the City Manager shall administer this ordinance. 29.2 DUTIES OF THE ENFORCING OFFICER 29.2.1 Reserved. 29.2.2 Every application for a building permit for construction, moving, alteration or change in a type of use or type of occupancy shall be accompanied by a written statement and plans, or plats, drawn to scale, showing the following in sufficient detail to enable the City Enforcing Officer to ascertain whether the proposed work or use is in compliance with the provisions of this ordinance, the Building Code and other City ordinances: (a) The actual shape, location and dimensions of the lot or building plot with sufficient information to locate the plot on the ground. (b) The shape, size and location of all buildings. or other structures, to be erected, altered or moved and of any other buildings, or other structures, already on the plot. 166 29.2.3 29.2.4 29.2.5 29.2.6 29.2.7 - (c) The existing and intended use of the plot and all structures upon it. (d) Curb cuts, sidewalks, free standing signs, paved parking areas, landscaping, fire lanes, marked parking stalls, vehicle circulation provisions. (e) Such information concerning the plot or adjoining lots or other matters as may be essential for determining whether the provisions of this ordinance and other ordinances are being observed. If the proposed construction, moving alteration, or use of the land as set forth in the application is in conformity with the provisions of this ordinance, the City Enforcing Officer may issue a building permit. Issuance of a building permit does not waive any provision of this ordinance or any other City ordinance, and a permit issued in error shall be void ab initio. The City Enforcing Officer is not empowered to grant any exception to the actual meaning of any clause, order or regulation contained in this ordinance. The City Enforcing Officer is not empowered to make changes in this ordinance or vary the terms of this ordinance in carrying out his duties as Enforcing Officer. If any application for such a building permit is not approved, the City Enforcing Officer shall state in writing one or more of the causes for such disapproval. 167 29.3 BUILDING PERMITS 29.3.1 29.3.2 29.3.3 No person shall erect or construct or proceed with the erection or construction of any building or structure nor add to, enlarge, move, improve, alter, repair, convert, extend or demolish any building or structure nor begin excavation for any construction nor cause any of the foregoing in any zoning district without first applying for and obtaining a permit from the City Enforcing Officer. Plans submitted with an application for a Building Permit shall be reviewed and shall be subject to approval by the City Enforcing Officer. No vacant land shall be occupied and no building or structure hereafter erected or structurally altered, and no change in occupancy of a building, part of a building or land shall be made until after the City Enforcing Officer shall have issued a certificate of occupancy therefor. The certificate of occupancy shall not only state the information as required under the building code, but shall also state the occupancy authorized is in compliance with the Zoning Ordinance. Occupancy other than that authorized in the certificate of occupancy shall be unlawful. 29.4 RENEWAL, CHANGE, EXTENSION OF NONCONFORMING USE No nonconforming use shall be renewed, changed or extended without a building permit or certificate of occupancy authorizing such renewal, change or extension. 168 29.5 VIOLATIONS 29.4.1 29.4.2 29.4.3 29.5.1 Application for a Certificate of Occupancy shall be made in writing either coincident with an application for a building permit, or may be applied for directly, and such certificate shall be issued or refused within five (5) days after the City Enforcing Officer has been notified that the building or premises is ready for occupancy. No permanent water, sewer, electrical, gas, telephone, or other public utility connection shall be made to any land, building, structure, or portion thereof until and after a certificate of occupancy has been issued by the City Enforcing Officer. Upon request of the owner or authorized representative, the City Enforcing Officer may issue a temporary certificate of occupancy for the temporary use and occupancy of a portion of a building prior to the completion and occupancy of the entire building provided such temporary occupancy or use will not in any way or manner jeopardize life or property. Such permit may be issued for a period not exceeding six (6) months. If the City Enforcing Officer shall find that any of the provisions of this ordinance are being violated, he shall, when necessary, give notice to the person responsible to cease such violations forthwith. 169 29.5.2 Written notice may be delivered in person or by mail to a violator or to any person in charge of property where a violation is occurring. Verbal notice may be given to a violator in person by the City Enforcing Officer or his deputy. Either notice shall be effective. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements adopted for the promotion of public health, safety, morals, and general welfare. Whenever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the requirements that are most restrictive or that impose higher standards as determined by the City Enforcing Officer shall govern. 29.6 ENFORCEMENT AND PENALTIES 29.5.3 Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon final conviction thereof shall be fined in a sum not to exceed one thousand dollars ($1,000.00) for each offense. Each day such violation continues to exist shall constitute a separate offense. 29.7 FEES Every application for a zone change or variance shall be accompanied by a filing fee in an amount sufficient to defray the actual cost of processing the application. Such application fee shall be based upon average current cost to the City of North Richland Hills and shall be established and amended by resolution of the City Council. 170 29.8 REPEAL OF CONFLICTING PROVISIONS All orders, ordinances, or parts of ordinances in conflict with this ordinance or inconsistent with the provisions of this ordinance, are hereby repealed only to the extent necessary to give this ordinance full force and effect. 29.9 SEVERABILITY CLAUSE Should any word, clause, phrase, sentence, section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid, and the remainder hereof shall remain in full force and effect. 171 GRANDFATHER CLAUSE For a period of two years from the effective date of Ordinance Number 1080, property with a current valid zoning may be developed (Building Permit issued) under Ordinance Number 179. Where development (Build- ing Permit issued) is undertaken under Ordinance Number 179 develop- ment shall conform with all of the requirements of Ordinance Number 179 and all policies consistently applied in the application of Ordinance Number 179. Where development is undertaken under Ordinance Number 1080 for a given tract, then all future development on said tract will be pursued under Ordinance number 1080. If development (Building Permit issued) is not undertaken within the two year period; then the property shall automatically revert to the regulations of Ordinance Number 1080. From the effective date of Ordinance 1080 all requests for new zoning shall follow the regulations of Ordinance 1080. 172 This ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED this 9th day of January, 1984. May:¡<l,.l dlMw ATTEST: Ç1t~7J2~ APPROVED AS TO FORM AND LEGALITY: tIl~ú/ Ci ty Attorney 173 53 3: ORDINANCE NO. 28/1080 26 An ordiaance which Í8 . I' a Contprehensive' Zoning Ordinance fo~ the City of North RichW1d Hills. Tex- as; adop~ a Zoning Map;adOþting defmi- tiOD8;¡jroviding for reaidential. commer- cial, . industrial and agri~tural districts ud rulês and re¡ula- tiona gOverning 'each' providing rules to: planned develop- ~eDt. Jpecial use per- mitsànd special development con- trols;· providing for . for a period of DOD-comforming uses and rules in .connee- . tiôn therewith; pro- I vicfingfOJ a Board of ; Adjustments; provid- ~ ing rul,,·for adminis- tration. of the órdÍDance; providing' for a fine of not more than $1.000.00 for vi- That the attached is a true and correct copy of said notice as olations of the tel'DîS of the . ordinance; re- published on said date(s) in said Hid Cities Dai1y NeHs ~.ungconf1ictingor- '-./. #[), fl~,·j. 0. .d....lna~c.es!.providing.. L (l./ CL-t L¿Y-ê^- I~,(/~_ tor a savmgs clause IUld aneflective date. . '. TO BE Þ ASSED Sworn to and subscrIbed before me, thIS the 3rd day ofJ:;¡n.. AN.D APPROVED the 9th day of Janur- ary, 1984,attheCiti Hall òf:North Rich- land HilJa, Texas at I 7:30 p.tD. . JèanetWMoore CitY~tary MCD;N j),N - 12426 ~: 12123/83" LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF T ARIi ANT : Before me, the undersigned authority on this day personally ap- peared H and a Lund known to me to be a credible person, who first being sworn, deposed and upon her oath said: Business Manager Mid Cities Daily News That she is the of the , a newspa- per which has been regularly and continuously published and of general circulation in the City/Town of Hurst more than one year next preceding the first publication of the attached Lega,l Notice and that he caused said notice to be published in said newspaper on the following date(s). 1....2. ~ J //'r 3 /...J / . 1984 . t~k.~· Notary Public, Tarrant County, Texas