Loading...
0161 AMENDED /. AN ORDINANCE SETTING FORTH THE PROCEDURE FOR CHANGING AND AMENDING THE ZO~IING ORDINANCE; CREATING ~ OFFICIAL ZONING MAP; C~JTLINING THE VARIOUS DISTRICTS AND USES PERMITTED THEREUNDER; PROVIDING FOR THE APPLICATION OF DISTRICT REGULATIONS; OtJTLINING THE QUALIFICATIONS FOR A NONCONFOPJUlING USE; SPECIFYING THE VARIOIJS USES AND RESTRICTIONS IN VARIOUS DISTRICTS: PROVIDING FOR SUPPLEMENTARY DISTRICT REGULATIONS; OUTLINING THE PROCEDURES FOR ENFORCEMENT AND Ot~TAINING BUILDING PERMITS AND CERTIFICATES OF OCOJPANCY; OUTLINING THE PROPER ADMINISTRATIVE CHANNELS; SETTING A SCHEDULE OF FEES; PROVIDING FOR AMENDMENTS; DECLARING REQUIREMENTS TO BE MINIMUM; PROVIDING FOR A PENALTY FOR VIOLATION, A SEPARABILITY CLAUSE, REPEALING P~EVIOUS ORDINANCE IN CONFLICT AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact such an ordinance; and WHEREAS, the City Council, pursuant to the provisions of Chapter 4, Title 28, of Vernon's Annotated Civil Statutes of Texas as amended, has appointed a Planning and Zoning Cc~mission to recc~mend the boundaries of the various original districts and appropriate regulations to be enforced therein; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations per'raining to such districts in accordance with a comprehensive plan and desi§ned to lessen congestion in the streets~ to secure safety from fire, penic, and other dangers; to pro- mote health and general welfare; to provide adequat~ light and air; to prevent the overcrowding of land; to avoid undue concentration of population; fo facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; end WHEREAS, the Planning and Zoning Commission has given reasonable con- sideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land through- out the municipality; and WHEREAS, the Planning and Zoning Cx~nmlssion has made a preliminary report and held public hearings thereon, and submitted its final report to the City Council; and WHEREAS, the City Council has given due public notice of hearings relating to zoning districts, regulations~ and restrictions, and has held such public hearings; and WHEREAS, all requirements of Chapter 4, Title 28, of Vernon's Annotated Civil Statutes of Texas as amended with regard to the preparation of the report of the Planning and Zoning Cx~mmission has been met; NOW THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION I PROCEDURE FOR CHANGES AND AMENDMENTS Any person or corporation or group of persons owning an interest in any real property, upon proof of such interest, may petition the governing body for a change or amendment to the provisions of this ordinance or the Planning and Zoning Commission or the City Council may, on its own motion institute proposals for change and amendment in the public inter- est. Alt petitions for the amendment of this ordinance shall bear the signature of the owners of all property within the area of request. The City Council may frcm time to time amend, supplement, or change by ordinance the boundaries of the districts or regulations herein. Before taking action on any proposed amendment, supplement, or change the City Council shall submit the same to the Planning and Zoning Com- mission for its recommendation and report. The Planning and Zoning Commission, or a committee thereof, shall hold a public hearing on any application for any amendment, supplement, or change prior to making its recommendation and report to the City Council. Written notice of all public hearings before the Planning and Zoning Commission, or a committee thereof, on a proposed amendment, supplement, or change shall be sent to all owners of real property lying within two hundred (200) feet of the property for which the change is requested. Such notice shall be given not less than ten (10) days before the date set for hearing by depositing a notice properly addressed and postage paid in the United States Post Office to such property owners as the ownership appears on the last approved City tax roll. An Official Public Hearing shall be held by the City Council before adopting any proposed amendment, supplement, or change. At least fifteen (15) days notice of the time and place of such hearing shall be published in the official newspaper of the City of Southlake. If such proposed amendment, supplement, or change has been denied by the Planning and Zoning Commission, or If a protest against such proposed amendment, supplement, or change has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change or those immediately adjacent in the rear thereof extending two hundred (200) feet therefrom or of those directly opposite thereto extending two hundred (200) feet from the street frontage of such opposite lots, such amendment shall not become effective except by a three-fourths (3/4) vote o4 the members of the City Council of the City of Southlake. SECTION II DEFINITIONS ACCESSORY BUILDING OR USE - A subordinate building having a use customarily Incident to and located on the lot occupied by the main building; or a use customarily incident to the main use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an Integral part of the main building. ALLEY - A minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street. APARTMENT - A room or suite of roc~ns in an apartment house arranged, designed or occupied as the residence by a single family, individual, or group of individuals. APARTMENT HOTEL - Any building larger than an apartment house designed or built to be occupied as a series of separate apartments and by persons living independently of each other. APARTMENT HOUSE - Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three or more apartments or which is occupied as the home or residence of three or more families living independently of each other and maintaining separate cooking facilities. AREA OF THE LOT - The area of the lot shall be the net area of the lot and shall not include portions of streets or alleys. AUTOMOBILE SALES AREA - An open area or lot used for the display or sale of automobiles, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises, and no dismantling of cars or sale or keeping of used car parts or junk ~n the premises. BASEMENT - A story below the first story is defined under "Story" counted as a story for height regulations if subdivided and used for dwelling pur- poses other than by a janitor or watchman employed on the premises. BLOCK - A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the Building Inspector shall determine the outline of the block, BOARDING HOUSE - A building other than a hotel where lodging and meals for five or more persons are served for compensation. BREEZEWAY - A covered passage one story in height and six (6) feet or more in width connecting a main structure and an accessory building. A breeze- way shall be considered an accessory building. BUILDING - Any structure built for the Support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, BUILDING LINE -Heans a line beyond which bulldlngs may not set back from the street line, BUSINESS - Includes local retail, commercial, Industrial, and manufacturing uses and districts as herein defined. CELLAR - That portion of a building between floor and ceiling which Is partly below and partly above grade but so located that the vertical dis- tance from grade to the floor below is greater than the vertical distance from grade to ceiling. CLINIC - Offices for one or more physicians, surgeons, or dentists engaged in treating the sick or injured, but not including rooms for the abiding of patients. COMMUNITY CENTER - A building dedicated to social or recreational activities, serving the city or a neighborhood and owned and operated by the city, or by a non-profit organization dedicated to promoting the health, safety, morals or general welfare of the city. CONVALESCENT HOME - Any structure used for or occupied by persons recover- ing from illness or suffering from the infirmities of old age. COURT - An open unoccupied space other than a yard, on the same lot with a building and which is bounded on three (3) or more sides by the building. CUSTOMARY ACCESSORY BUILDINGS - See ACCESSORY BUILDING OR USE° CUSTOMARY HOME OCCUPATIONS - A customary home occupation is an occupation customarily carried on in the home by a member of the occupant's family without structural alterations in the building or any of its rooms, without the installation of machinery or additional equipment, without the employ- ment of additional persons, without the use of a sign to advertise the occupation and which does not cause the generation of additional traffic in the street. DAY NURSERY - A place where children are left for care a part of the twenty-four (24) hours of the day. 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 other than an accessory building and the rear lot line except as modified in the text of any section in this ordinance. DISTRICT - A section of the city for which the regulations governing the area, height, or use of buildings are uniform for each type and class of structure° DWELLING, ONE-FAMILY - A detached building arranged, Intended, or deslgned for occupancy by one family, DWELLING, mO-FAMILY - A detached building arranged, intended, or designed for occupancy by two families. DWELLING, MULTIPLE - A building or portion thereof arranged, intended or designated for occupancy by three 'or more families, including apartment houses, row houses, tenements and apartment hotels. EFFICIENCY APARTMENT - An apartment having a combination living end bedroom~ (no separate bedroom). FAMILY - One (I) or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than five (5) (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a non-profit cost-sharing basis. FRONT YARD - An open, unoccupied space on a lot facing a street between a building and a street line. If no building exists a front yard is an open unoccupied space facing a street and adjacent thereto. GARAGE, PRIVATE - An accessory building for storage only of motor vehicles. GARAGE, PUBLIC - A building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles, which is operated for c~mercial purposes. GARAGE, STORAGE - A building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided except facilities for washing. GRADE: For buildings having walls adjoining one street only, it is the elevation of the sidewalk at the center of the wall adjoining the street; bo For buildings having walls adjoining more than one street, it is the average of the elevation of the sidewalk at the center of all walls adjoining the street; For buileings having no:wall adjoining the street, it is the average level of the finished surface of the ground adjacent to the exterior wall of the building; An'/ wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street. Where no sidewalk has been constructed, the Building Inspector shall establish such sidewalk level or its equivalent for the purpose of these regulations. GROSS FLOOR AREA - The gross floor space of an apartment house shall be measured by taking the outside dimension of the apartment building at each floor level, excluding, however, the floor area of basements or attics not used for residential purposes. GROUP HOUSING PROJECT - A building project consisting of three (3) or more buildings to be constructed on a plot of ground which is not subdivided into customary streets or lots. HEIGHT OF BUILDINGS - The vertical distance measured from the highest of the following three levels: a. From the street curb level; bo From the established or mean street grade in case the curb has not been constructed; c~ From the average finished ground level adjoining the building if it sets back from the street line; to the level of the highest point of the roof beams of flat roofs or roofs inclining not more than one inch (1") to the foot, or to the mean height level of the top of the main plates and highest ridge for other roofs. HEIGHT OF YARD OR COURT - The vertical distance from the lowest level of such yard or court to the highest point of any boundary wall. HOBBY SHOP - An accessory use housed in a dwelling or in an accessory build- ing in which the residents of the premise engage in recreational activities, none of which shall disturb the neighbors on either side or in the rear thereof and from which no revenue may be derived, and in which no goods may be publicly displayed, offered for sale or advertised for sale, nor may any sign be used in connection therewith. HOSPITAL - An institution or place where sick or injured inpatients are given medical or surgical care either at public (charity) or private expense. HOME OCCUPATIONS - Any occupation that is customarily performed at home that does not involve a structural change in the building that does not require the employment of help, the installation of equipment or the display of a sign, and shall not include beauty culture schools, beauty parlors, doctors offices for treatment of patients. HOUSING PROJECT - An unplatted area of three (3) or more acres arranged according fo a site plan to be submitted to and to be approved by the Planning and Zol~ing Commission and the City Council on which is indicated the amount o~ land ~o be devoted to housing facilities, their arrangement thereon together with the arrangement of access streets and alleys, and the entire area ls to be zoned as an "A-lO" Multi-Family Zone upon the action of the City Council and ~he Planning and Zoning Commission, and in which it shall not be necessary to subdivide the area into lots and blocks. The site plan shall indicate that all access streets, alleys, sidewalks, storm sewers, and storm sewer inlets shall be provided as required by the City and built in accordance with City speci- fications. HOTEL - A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meal~ and in which there are m~re than twelve (12) sleeping rooms usually occupied singly and no provi- sion is made for cooking in any individual room or apartment. HOTEL, TOURIST - A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals and in which there are more than five (5) and not exceeding twelve (12) sleeping rooms usually occupied singly and no provision is made for cooking in any individual room or apartment. 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 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. KENNEL - Any lot or premises on which four (4) or more dogs, cats or other domestic animals at least four (4) months of age are housed or accepted for boarding, trimming, grooming and/or bathing for which remuneration is received. KINDERGARTEN - A school for little children of pre-public school age in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum. LEGAL NONCONFORMING USE, BUILDING OR YARD - A use, building or yard existing !egally 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 if is sltuafed~ A use, building or yard established after the passage of this ordinance which does not conform 'to regulations of the district in which if is situated shall be considered an i!le~al nonconforming use. LOT - A parce~ of land occupied or to be occupied by one building, or unit group of buildings, and the accessory buildings or uses customarily incident fherefo, including such open spaces as are required under this ordinance, and having its principal frontage upon a public street or a place. LOT, CORNER - A lot abutting upon two or more streets at their intersection. A corner !ct shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Building Inspector. LOT. iNTERIOR - A lot whose side lines do not abut upon any street. THROUGH - An interior lot having frontage on two streets. LOT LINES - The lines bounding a lot as defined herein. LOT LINE, FRONT - The boundary between a lot and the street on which it fronts. LOT LINE, REAR - The boundary line which is opposite and most distant from the front street line; except that In the case of uncertainty the Building Inspector shall determine the rear line. LOT LINE, SI DE - Any lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or place or side street line. LOT D~PTH - The mean horizontal distance from the front street Ilne to the rear Ilne. LOT WIDTH - The horizontal distance between side lines, measured at the front building line, as established by the minimum front yard requirement of this ordinance. LOT OF RECORD - A lot which has been recorded in the office of the County Clerk. 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 projection of cornices, eaves or porches. PARKING SPACE - An area of not less than two hundred (200) square feet (measuring approximately I0 feet by 20 feet) not on a public street or alley, surfaced with an all-weather surface, enclosed or unenclosed, together with an all-weather surfaced driveway connecting the parking space with a street or alley permitting free ingress and egress. Head-ln parking adjacent to a public thoroughfare shall not be permitted. PLACE - An open, unoccupied space other than a street or alley permanently established or dedicated as the principal means of access to property abutting thereon. RESIDENCE - A building occupied as the abiding place of one or more persons in which the use and management of sleeping quarters, all appliances for cooking, ventilating, heating or lighting are under one control and which shall Include single family dwellings, which shall be the principal building on any lot in residential districts. RESTAURANT OR CAFE - A buildlngor portion of a building, not operated as a dining room in connection with a hotel or boarding house, where food is served for pay and for consumption in the building, and where provisions may be made for serving food on the premises outside the building. SERVANTS QUARTERS - An accessory building located on the same lot or grounds with the main building and used as living quarters for servants employed on the premises and not rented or otherwise used as a separate domicile. SETBACK - The minimum horizontal distance between the front wall of any pro- ]ection of the building, excluding steps and unenclosed porch and the street line. SHOPPING VILLAGE - An area consisting of three (3) acres or more arranged according fo a site plan to be submitted to and be approved by the Planning and Zoning Commission and the City Council, on which is indicated the amount of land to be devoted to the shopping village, the detailed arrangement of the various buildings, parking area, streets and type of zoning desired. The City Zoning Commission shall require installation of all utilities, drainage structures, the paving of streets, parking areas, alleys and the installation of sidewalks in accordance with the City Specifications for each type of improvement. SPECIAL EXCEPTION - A special exception Is a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district as special exceptions if specific provision for special exception is made In this zoning ordinance. STORY - That part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story° The first story is the highest story having its interior floor surface not more than four feet above the curb level, established or mean street grade or average ground level, as mentioned in "Height of Buildings" of this section° STREET - A thoroughfare which affords principal means of access fo property abutting thereon. SrREET LINE - The dividing line between the street and the abutting property° STRUCTURE - Anything constructed or erected which requires location on the ground or attached to something having a location on the ground, including but not limited to advertising signs, billboards, and poster panels but exclusive of customary fences or boundary or retaining walls. STRUCTURAL ALTERATIONS - Any change in the supporting members of a building, such as bearing walls, columns, beams or girders. TERMINAL, MOTOR FREIGHT - The use of property or buildings for the temporary parking of motor freight vehicles or trucks of common carriers, during loading and unloading and between trips, including necessary warehouse space for storage of transitory freight. ~OURIST CABIN OR TRAILER CAMPS OR MOBILE HOMES - A tract or parcel of land upon which two or more tourist cabins are located or where temporary accommo- dations are provided for two or more automobile trailers, tents or house cars, open to the public either free or for a fee. I0. USED CAR LOT - 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 autc~obiles, or the dismantling of automobiles or the storage of automobile parts. VARIANCE - A modification or variation of the provisions of this ordinance, as applied to a specific piece of property, as distinct from rezoning. YARD - An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used. YARD, FRONT - A yard across the full width of the lot extending from the front line of the main building to the front line of the lot. YARD, REAR - A yard between the rear lot line and the rear line of the main building and the side lot lines. YARD, SlOE - A yard between the building and the side llne of the lot and extending from the front yard to the required minimum rear yard. YARD, SIZE - A yard between the main building and the adjacent side line of the lot, and extending entirely from the front yard to the rear yard thereof. I1o SECTION 111 ESTABLISHMENT OF DISTRICTS: PROVISION FOR OFFICIAL ZONING MAP Offlclal Zoning Map - The City is hereby divided into zones, or districts, as shown on the Official Zoning Map which, together with all explanatory matter thereon, is 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, and bearing the seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in Ordinance Number 161 qf the City of Southlake, Texas," together with the date of the adoption of this ordinance. The Official Zoning Map shall be made current from time to time to reflect the changes and amendments, if any, that are approved by the City Council. Any unauthorized change of whatever kind In the Official Zoning Map by any person shall be and the same is prohibited. The Official Zoning Map shall be located in the Southlake City Hall. Replacement of Official Zoning Map - In the event that the Official Zoning Map becc~nes damaged~ destroyed, lost, or difficult to interpret because of the nature 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 and bring the Official Zoning Map up-to-date to reflect any and all amendments or changes In the same. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply: Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines; Boundaries indicated as approximately following platted lot lines shall be construed as following such lot Ilnes; c. Boundaries indicated as approximately following city limits shall be construed as following city limits; Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks; Boundaries indicated as following shore lines shall be construed to follow such shore lines and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries 12. ge indicated as approximately following ?he center Ilnes of streams, rivers, canals, lakes~ or-other bodies of water shall be construed to follow such center lines; Boundaries Indicated as parallel to or extensions of features Indi- cated in subsections a. through e. above shall be so construed. Distances not specifically indicated on the Official Zoning Nap shall be determined by the scale of the map; Where physical or cultural features exlsfing on the ground are af variance wlfh those shown on the Official Zoning Nap or In other circumstances not covered by subsections a. through f. above, the City Councll shall Interpret the district boundaries. SECTION IV APPLICATIONS OF DISTRICT REGULATIONS The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land and particularly except as hereinafter provided: No building, structure, or land shall hereafter be used or occupied, and no bulldlng or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the dlstrlct in which it is located. No building or other structure shall hereafter be erected or altered: a. To exceed the height; b. To accommodate or house a greater number of families; c. To occupy a greater percentage of lot area; d. To have narrower or smaller rear yards, front yards, side yards, or other open spaces; than herein required; or in any other manner contrary to the provisions of this ordinance. No part of a yard, other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this ordinance shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building. No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordi- nance. 4. All territory which hereafter is annexed to the City shall be zoned at the public hearing held for annexation. 14. SECTION V NONCONFORMING LOTS, NONCONFORMING USES OF LAND, NONCONFORMING STRUCTURES, AND NONCONFORMING USES OF STRUCTURES AND PREMISES INTENT - Within the districts established by this ordinance or amend- ments that may later be adopted there exist lots, structures, and uses of land and structures which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their sur- vival. Such uses are declared by this ordinance to be incompatible with permitted uses in the districts involved° It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this ordinance by attachment on a build- ing or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved. Co To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building or land development project on which actual construc- tion was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construc- tion has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demo- li~ion or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be dili- gently carried on until completion of the building involved. NONCONFORMING LOTS OF RECORD - In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provision of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single tot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both~ that are gen- erally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform fo the regulations for the district in which such lot is located. Variance of area, width, and yard requirements shall be obtained only through action of the City Council. 15o If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance~ the lands involved shall be considered to be an undi¥1ded parcel for the purposes of this ordinance, and no portion of said parcel shall be used which does not meet lot width and area requirements estab- lished by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this ordinance. NONCONFORMING USES OF LAND - Where, at the effective date of adoption or amendment of this ordinance, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance; No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance; Co If any such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located. NONCONFORMING STRUCTURES - Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the struc- ture or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: a. Such structure may not be enlarged in a way which increases its nonconformity. b. Such structure may not be altered in a way which increases its nonconformity. CJ Should such structure be destroyed by any means to an extent of more than fifty (50%) percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance; Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moYedD NONCONFORMING USES OF STRUCTURES - If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as It remains otherwise lawful, subject to the following provisions: No existing structure devoted to a use not permitted by this ordinance in the district in which it Is located shall be enlarged, extended, constructed, reconstructed, moved, er struc- turally altered except in changing the use of the structure to a use permitted in the district In which it is located; Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoptton or amendment for this ordinance, but no such use shall be extended to occupy any land outside such buildlng; Any structure, or structure and land in combination, In or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed; When a nonconforming use of a structure, or structure and prem- ises in combination, is discontinued or abandoned for slx consecu- tive months or for 18 months during any three-year period, the structure thereafter shall not be used except in conformance wlth the regulations of the district in which tt Is located; Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land; Where nonconforming use status applies to a conforming structure, such use shall be immediately terminated upon transfer to another ownership or lease; REPAIRS AND MAINTENANCE - On any building devoted in whole or In part to any nonconforming use, work may be done In any period of 12 consec- utive months on ordinary repairs, or on repair or replacement of non- bearing walls, fixture, wiring or plumbing, to an extent not exceeding ten (10%) percent of the current replacement value of the building, provided that the cubic content of the building as it existed at the time of ~assage or amendment' of this ordinance shall not be Increased. Nothing n this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order o{ such official~ 17o USES UNDER EXCEPTION PROVISIONS NOT NONCONFORMING USES - Any use for which a special exception Is permitted as provided in this ordinance shall not be deemed a nonconforming use, but shall without further action be deemed a conform lng use in such district only for the single property granted such exception. 18. SECTION VI SCHEDULE OF DISTRICT REGULATIONS ADOPTED District regulations shall be as set forth in the Schedule of District Regulations, hereby adopted by reference and declared to be part of this ordinance, and in Section VII of this ordinance, entitled "Supplementary District Regulations." SCHEDULE OF DISTRICT REGULATIONS I. "AG" AGRICULTURAL DISTRICT USE REGULATIONS: In the "AG" Agricultural District, no building or land shall be used and no buildings shall be hereafter erected, reconstructed, altered, or enlarged, nor shall a certificate of occupancy be issued, except for one or more of the following uses: Farms, ranches, orchards, truck gardens, nurseries for the growing of plants and similar agrarian activities involving the growing of plants and raising and pasturing of livestock, including accessory feeding pens but not commercial feeding pens, provided that no operation shall be conducted which will be obnoxious or offensive~ and no retail sales take place. Single family dwellings clearly incidental to the operation of the above listed activities, including not more than one (I) dwelling with a minimum floor space of 1,200 square feet on the same farm or ranch used exclusively for the housing of employees living on the premises; provided that tracts in the "AG" District which contain less than ten (10) acres in separate ownership shall be limited to one (I) principal dwelling. Accessory buildings and structures clearly incidental to the above operations, including but not limited to barns, stables, equipment sheds, poultry houses, swine pens, granaries, pump houses, water tanks and silos; provided that accessory buildings and structures on tracts in the "AG" District which contain less than four (4) acres shall be limited to a maximum of fifty percent (50%) of the area of the principal dwelling, or 1,500 square feet, whichever is greater. Installations owned and operated by the City of Southlake, Denton County~ Tarrant County, the State of Texas, or Public Utility Com- panies, which installations are necessary for the public safety, governmental services, or the furnishing of utility services to or through the "AG" District. Public and parochial schools, colleges, and universities, not includ- ing correctional institutions or trade sch~lSo 19o f · Museums~ Iibraries~ parks, playgrounds, community centers~ or recrea- tion areas owned and operated by the City of Southlake~ Denton County~ Tarrant County, or the State of Texas, or owned by such agencies and operated under their control and supervision~ g. Churches. The location, size, use, and operation of any of the above listed uses may be modified by the Zoning Board of Adjustment in case of evident hardship, after public notice and hearing. HEIGHT AND AREA REGULATIONS~ In the "AG" Agricultural District, the height of buildings and structures, the minimum dimensions of lots and yards, and the minimum lot area per' family shall be as follows: Heigh.~: No building or structure hereafter erected, altered, or enlarged shall exceed three and one-half nor shall it exceed forty-five (45) feet. reconstructed, (3-1/2) stories Front Yard: There sha (45) feet. be a front yard of not less than forty-five Rear Yard: There shal be a rear yard having a depth of thirty-five percent (35%) of the depth of the lot provided such yard need not exceed thirty (30) feet. Side Yard: On i~ferior iots of six+y (60) feet or less in width there shall be a side yard on each side of a building having a width of not less than ten percent (10%) of the width of the lot, provided that such side ya~'d shall not be less than three (3) feet. For lots of more than fifty (50) feet in width, either of the side yards may be not less than five (5) feet, and the sum of the side yards shall be twenty percent (20%) of the width of the lot, but need not exceed twenty (20) ~eef~ On corner lots, the side yard regulations shall be the same as for interior lots except in the case of reversed frontage where the corner Io~ abuts on the side of a lot facing the other intersecting street, in which case there shall be a side yard on the corner lot of not less than fifty percent (50%) of the front yard required on the lot abutting the rear of the corner lot or separated only by an alley, provided thai this regulation shall not be interpreted so as to reduce the buildab!e width, after providing the required minimum side yard, of a corner lot of record and in separate ownership at the time of passage of this ordinance to less than twenty-eight (28) ~eet. No accessory buildings on a said corner !ot shall projec~ beyond the front yard of the lots in the rear, nor shall a building be erected, reconstructed, altered, or enlarged closer than five (5) feet to the rear. Parking Requirements~ In said Agricultural District the minimum off-street parkii~--~nd loading requirements shall be an all-weather paved surface as follows: a. Same as "A-I" One-Family District. 20~ 2. "A-I" ONE-FAMILY DIS[RICT USE REGULATIONS: In "A-I" One-Family Districts no building, structure, land or premises will be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the following uses: a. Dwellings, one-family. be Churches and publicly owned and operated community buildings, public museums, public administrative buildings, public libraries, police stations, and fire stations, provided that when these uses abut a lot zoned or used for dwelling purposes there shall be erected a solid masonry fence, at least six (6) feet in height, between the two uses, and located in accordance with at least one of the following: (I) On a lot already devoted to the use for whlch the building permit is requested. (2) On a lot having a side line common to a public park, playground, or cemetery, or directly across a street from any one or com- bination of said uses. (3) On a corner lot having a m~nlmum of one hundred (100) feet frontage. (4) On a lot three sides of which adjoin streets. (5) On a lot approved by the Planning and Zoning Commission subject to finat approval by the Ctfy Council, following public hearing, as being a iocation where such building will not materially injure ne!ghboring property for residential use. c. Public parks and playgroundst ~ncluding public recreation or service buildings within such parks. Public schools, elementary and high, and private schools with cur- riculum equivalent to that of a public elementary or high school, and instltut~ons of higher learning, including stadiums, and dormi- tories in conjunction, ~f located on the campus. When any of the uses !!sted in this paragraph abuts a lot zoned or used for dwelling purposes, there shall be a setback of at least 200 feet in distance between the dwelling structure~ or its proposed location, and the school, institute, stadium, or dormltoryo e. Golf courses (except miniature golf courses, driving ranges and other similar activities operated as a business). Agricult-ure, nurseries, and truck gardens limited to the propagation and cultivat!on of plants~ provided no retail or wholesale business shall be conducted upon the premises, and provided that no obnoxious fertilizer Is sfored upon the premises, and no obnoxious soil or fertilizer renovation is conducted thereon. 21o g~ The keeping of ~ ve::,toc~ or fowl shall be ~n accordance with City Law~ ho Accessory users, ~nc!ud~ng parking areas~ cus!omarily ~ncident to the above uses and iocated on l'he same ~o~ Cherewith, Pot ~r. volving the conduct of a business o~ industry. The te~'m accessory use shail inciude cusYomary home occupa'fJons, such as the off~ce o~ dressmaker, musician, er artis+. (but not inciuding barbers or beauticians) under the foliowing restrictions~ Ca) That such uses are located Jn the dwelling used by a person as his or her private residence0 ~hat no assistant other than a member' of ~he tamiiy house- hold is employed. 7hat nO power other than electr~c aad of not more than one-fourth horse power is used in any one machine and not mo!e ~l~an one horse power total is used in such activities~ (2~ A bil!board, signboard, or advertising s,gn shall not be per- mitted as an accessory use unless ~n conformance with City Law° (3~ One privale garage when located not less 'than sixty (60) feet back l'~'om +he f~ont tot iine and no tess than ten (iO) ~eet back from any other street i~ne nor ~ess +hah eighteen (18) inches t~em ~ne side i.ae, o~ !oca~ed in a compartment as an irl~eg-al pa~ o~ ~he iaa~q buiifling; provided, however, ~haf each entrance to such garage shall be not !ess than twenty-fiYe ~25~ ~eet back t~am the ,ol- !;ne ~t tace5o Na garages w~li open to the st~ee* (4) A p~i,..afe garage sha~i not o::oJpy mere ~han of the t~l a~'ea, ~or have a grc)..md ~Ioo,' area of more than 750 s~uare lee!' Ho garage: wi~ ()pen ~o the sTree!'~ %e~vaq;:? q~J~)rte's, er otr!e~ acce_~sol')/ buiidings~ ~,'hen located on the g~ound o~' erected o,,er a private garage, shall not have a tot,ii hei~]h~ o~ more fban twenty-ilve 125~ feet ~n_c. luding sha!; ~:)~ e×coed [i~e h~]nd-ed 500~ sq~are feet in the aggregate~ ~loweve'-, no'ihing hefe~n sba!! aufi~orize o"- he construed to as a place o~ abode or d'¢,e~l~ng hy anyone other 1hah a bon~ fide s:ervant acl'ual!y !hen ~egu!arly employed by the occupanl el the main atruc.*u,-e on such !of, estate or tand~ U~ility se:,~[ces ~o ser~'anks' quarters shai! be mefered by the same met'er as ~hose serving th~-· main bui!ding, on the p,'emlses a:_:cessory ouiidiag may be c~ns~u(fed as a part of the main building in which case the regulations ?roi~ng ~he main build;ag shai! appSy (6) Temporary real estate sales office, located on property being sold, and limited to period of sale, but not exceeding two years without special permit from the City Council. (7) Model and/or sample homes for the purpose of promoting sales shall be permitted, provldl~cj these structures are located on and within the same tract or subdivision of land being developed for sale. (8) A hobby shop may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation; provided that the articles produced or constructed are not sold, either on or off the premises, and provided such use will not be obnoxious or offensive by reason of vibration, nolse~ odor, dust, smoke, or fumes. (9) No mobile homes, camp trailers or other wheeled vehicles construed to be livlng units shall be permltted in this district. However, this ordinance shall not exclude the storage of these vehicles on the property when they are so used for the pleasure of the owner and when not inhabited. I. Every use not hereby speciflcall~ authorized and permitted Is expressly prohibited In the "A-I One-Family District. No building permit will be Issued for the uses specified herein unless a plat of record has been filed with the City and In the County Court Records. HEIGHT AND AREA REGULATIONS: In said "A-I" One-Family District the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows: ~a: Buildings or structures shall not exceed thirty-five (35) nd shall not exceed two and one-half (2-1/2) stories In height. Front Yards: Any building hereafter constructed shall provide for a front yard, the minimum depth of which shall be at least twenty-five percent (25%) of the depth of the lot, but the depth of such front yard shall not be less than thirty (30) feet. Side Yards: There shall be a side yard on each side of a building not less' than ten (10) percent of the width of the lot; except that such side yard shall not be less than five (5) feet, and need not be more than twenty (20) feet. Buildings on corner lots: Where interior lots have been planned or sold'fronting on the side street, may project not more than ten (10) feet in front of the line established for buildings by the front yard requirements for the Interior lots on the side street, provided this regulation shall not be Interpreted to reduce the bulldable width of a corner lot in separate ownership at the time of the passage of this ordinance, to less than twenty-eight (28) feet, and provided that the side yard regulations above shall be observed. 230 Rear Yards: The depth of the rear yard shall be at least thirty (30) percent of the depth of the tot, but such depth need not be more than thirty (30) feet. Width of Lot: The minimum width of a lot shall be one hundred twenty- five (125) feet at the building line'and one hundred fifty (150) feet at the front property line provided that where a lot has less width than herein required, in separate ownership at the time of the passage of this ordinance, this regulation will not prohibit the erection of a one-family dwelling. Lots bordering streets on curves or contours shall be ninety (90) feet in width at the building llne. Lot Area per Family: Every dwelling hereafter erected or altered shall provide a lot area of not less than ten thousand (10,000) square feet per family, provided that where a lot has less area than herein required in separate ownership at the time of the passage of this ordinance, this regulation shall not prohibit the erection of a one-family dwelling° Floor Area~ Each dwelling unit hereafter erected, constructed, recon- structed or altered in said One-Family District shall have a floor area, excluding basements, open and screened porches, and garages, of not less than twenty-five hundred (2500) square feet. PARKING REGULATIONS~ In said One-Family District the minimum off-street parking and loading regulations shall be an ali-weather paved surface as follows~ a. Dwelling Units - One (I) parking space for each dwelling unit° b. Places of Assembly - One (1) parking space in the side or rear yard for each four (4) seats. Elementary and Junior High School.s, Pubtic, Parochial and Private - One (I) parking space for each two (2) teachers and one space for each four (4) persons employed on the premises. In addition, if buses for the transportation of students are kept on the premises, one (I) parking space shall be provided for each bus. Senior High Schools, Public, Parochial and Private - One I) parking space for each two (2) teachers and one (I) space for each four (4) persons employed on the premises, plus one additional space for each ten (10) students enrolled. In addition, if buses for the ~ranspor~ tation of students are kept on the premises, one (I) parking space shall be provided for each bus. SPECIAL E×C£P~IONS~ After public notice and hearing and appropriate condi- tions and safeguards, the City Council may permit, as special exceptions, in said One-Family District~ Height: Public or semi-public buildings, where permitted, in this district may be erected to a height not exceeding seventy-five (75) feet, providing that such buildings shall have yards the depth or width of which shall be increased one (I) foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the Height and Area Regulations of the One-Family District. 24° ~ In any One-Family District may be Increased In height not exceea~ng ten (10) feet in addition te the Ilmltatlons of two and one- half (2-1/2) stories or thirty-five (35) feet, as prescribed in such districts, provided that .two side yards of not less than fifteen (15) feet in width, each, are provided. In no case shall such dwelltngs~ however, exceed three (3) stories in helght. Parapet walls and false mansards shall not extend more than six (6) feet above the height Ilmlt as established by the Height and Area Regulations of the One-Family District. Necessary mechanical appur- tenances, such as chimneys, cooling towers~ domes or spires, may be erected as to height In accordance with existing or hereafter adopted ordinances of the City Council. On through lots one hundred twenty-five (125) feet or less In depth, the helght of a building may be measured from the curb level of either street. On through Io,s of more than one hundred twenty-five (125) feet in depth, ,he height regulations for ,he street permitting ,he greater height shall apply to a depth of not more than one hundred twenty-five (125) feet from ,hat street. Yard: In any One-Family District where lots comprising forty (40) percent or more of the frontage, on the same side of a street between two intersecting streets (excluding reverse corner lots), are developed with buildings having front yards with a variation of not more than ten (10) feet in depth, the average of such front yards shall establish the minlmum front yard depth for the entire frontage, except that where a recorded plat has been filed showing a setback line which otherwise complies with the requirements of this ordinance yet Is less than the established setback for the block as provided above, such setback line shall apply. Where an official line has been establlshed for future widening or opening of a street u~on which a lot abuts, then the depth or width of a yard shall be measured from such official line to the nearest line of the bullding. Every ~art of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features, and eaves; ~rovided, however, that none of the above projections shall extend into a court more than twenty-five (25) feet; nor into a minimum yard more than four (4) feet; provided further that canopies or open porches havln~ a roof area not exceeding eighty (BO) square feet may project a maximum of eight (8) feet Into the required front yard and a maximum of twenty (20) feet into the required rear yard; open paved terraces may Droject Into a front yard not more than fifty (50) percent of the existing depth of the front yard and not more than fifty (50) percent of the width of the structure; open paved terraces may project into the rear yard net more than fifty (50) percent of the existing depth and width of the rear yard; under no circumstances shall the above mentioned paved terrace be used for parking and/or vehicular turn-around. 25° Open porches extending into the required front yard shall not be enclosed; open porches extending into the required rear yard shall not be enclosed for ordinary Ilving purposes such as sleeping, cooking or bathing; they may be screened-in er glassed-in. An open fire escape may project into a required side yard not more than half the width of such yard, but not more than four (4) feet from ,he building. Fire escapes, solid floored balconies and enclosed au,side stairways may project not more than four (4) fee, into the rear yard. HEALTH REGULATIONS: If the permitted use is not to be served immediately by 8 water utility, occupancy shall be prohlblted until water satisfac- tory for human comsumption is available from a source on the land, or a public utility source, In adequate and sufficient supply for human use and operation of a septic tank and system. Individual water supplies must be In conformity to the local plumbing code. If the permitted use is not to be served immediately by a sewage collec- tion system connected to a community treatment plant, or to a public sewerage facility, occupancy shall be prohibited until a septic ~ank and subsurface drainage field designed and constructed in accordance with methods and standards approved by the State Department of Health and the local plumbing code have been Installed, inspected and approved by the City. 3. "A-2" ONE-FAMILY DISTRICT USE REGULATIONS: In qA-2" One-Family Districts no building, structure, land or Firemlses will be used and no building or structure shall hereafter be erected, constructed, reconstructed or altered, except for one or more of the following uses: a. Dwellings, one-family. b. Any use permitted In "A-I" One-Family District. c. Any accessory use permitted In the "A-I" One-Famlly District wlth the following variations: (I) One private garage when located not less than fifty (50) feet back from the front lot line and no less than ten (10) feet back from any other street Ilne, nor less than eighteen (18) Inches from the side line, or located in a compartment as an integral part of the main building; pro- vided, however, that each entrance to such garage shall be not less than twenty-five (25) feet back from the lot line it faces. (2) A private garage shall not occupy more than six percent (6%) of the lot area, nor have a ground floor area of more than 500 square feet. (3) Servants' quarters, or other accessary buildings, when located on the ground or erected over a private garage, shall not have a total height of more than twenty-five (25) feet, Including such quarters and the total enclosed area of such quarters shall not exceed five hundred (500) square feet In the aggregate. (4) However, nothing herein shall authorize or be construed to permit the occupancy or the use of an accessory building as a place of abode or dwelling by anyone other than a bona fide servant actually then regularly employed by the occu- pant of the main structure on such lot, estate or land. Utility services to servants' quarters shall be metered by the same meter as those serving the main building on the premises° Accessory building may be constructed as a part of the main building In which case the regulations control- ling the main building shall apply° do Every use not hereby specifically authorlzed and permitted is expressly prohibited in the "A-2" One-Family District. et No building permit will be issued for the uses specified herein unless a plat of record has been flied with the City and in the County Court Records. 27° HEIGHT AND AREA REGULATIONS: In said One-Family District the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows: Height: Buildings or structures shall not exceed thirty-five (35) feet, and shall not exceed two and one-half (2-1/2) stories in height° Front Yards: Any building hereafter constructed shall provide for a front yard, the minimum depth of which shall be at least twenty- five (25) percent of the depth of the lot, but the depth of such front yard need not be more than twenty-five (25) feet° Side Yards: There shall be a side yard on each side of a building not less than ten il0) percent of the width of the lot; except that such side yard shall not be less than five (5) feet, and need not be more than fifteen (15) feet. Buildings on corner lots, where interior lots have been planned or sold fronting on the side street, may project not more than ten (10) feet in front of the line established for buildings by the front yard require- ments for the interior lots on the side street, provided this regula- tion shall not be interpreted to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this ordinance, to less than twenty-eight (28) feet, and provided that the side yard regulations above shall be observed. Rear Yards: The depth of the rear yard shall be at least thirty (30) percent of the depth of the lot, but such depth need not be more than twenty-five (25) feet. Width of Lot: The minimum width of a lot shall be sixty (60) feet at the building line and ninety (90) feet at the front property line, provided that where a lot has less width than herein required, in sep- arate ownership at the time of the passage of this ordinance, this regulation will not prohibit the erection of a one-family dwelling~ Lots bordering streets on curves or contours shall be 60 feet in width a~ the building lineo Lot Area per Family: Every dwelling hereafter erected or altered shall provlde a lot area of not less than seventy-five hundred (7500) square feet per family, provided that where a lot has less area than herein required in separate ownership at the time of the passage of this ordi- nance, this regulation shall not prohibit the erection of a one-family dwelling. Where a public or community sewer is not available and in use for the disposal of all sanitary sewage, each lot shall provide not less than ten thousand (10,000) square feet per family~ Floor Area: Each dwelling unit hereafter erected, constructed, recon- structed or altered in said "A-2" One-Family District shall have a floor area, excluding basements, open and screened porches, and garages, of not less than two thousand (2,000) square feet° 28~ PARKING REGULATIONS: In said One-Family District the minimum off-street parking and loading regulations shall be an all-weather paved surface as follows~ a. Same as "A-t" One-Family District. SPECIAL EXCEPTIONS: After public notice and hearing and appropriate conditions and safeguards, the City Council may permit, as special exceptions, in said One-Family District: a. Same as '~A-I" One-Family District. HEALTH REGULATIONS: If the permitted use is not to be served immediately by a water utility~ occupancy shall be prohibited until water satisfac~ tory for human consumption is available from a source on the land~ or a public utility source~ in adequate and sufficient supply for human use and operation of a septic tank and system° Individual water supplies must be in conformity to the local plumbing code° If the permitted use is not to be served immediately by a sewage collec- tion system connected to a community treatment plant, or to a public sewerage facility~ occupancy shall be prohibited until a septic tank and subsurface drainage field designed and constructed in accordance with methods and standards approved by the State Department of Health and the local plumbing code have been installed, inspected, and approved by the City° 29° 4. "A-3" ONE-FAMILY DISTRICT USE REGULATIONS: In "A-3" One-Family Districts no building, structure, land or premises will be used, and no building or structure shall be here- after erected, constructed, reconstructed, or altered, except for one or more of the following uses: a. Dwellings, one-family. b~ Any use permitted in "A-I" One-Family District° Co Any use permitted in "A-2" One-Family District° No building permit will be issued for the uses specified herein unless a plat of record has been filed with the City and in the County Records° ACCESSORY BUILDINGS AND USE: Accessory buildings and use same as "A-2" ~[ly Dis~c~] HEIGHT AND AREA REGULATIONS: in said One-Family District the height of buildings~ the minimum dimensions of lots and yards~ and the minimum lot area per family permitted on any lot, shall be as follows: Height: Buildings or structures shall not exceed thirty-five (35) feet, and shall not exceed two and one-half (2-1/2) stories in height° Front Yards: Any building hereafter constructed shall provide for a front yard, the minimum depth of which shall be at least twenty- five (25) percent of the depth of the lot, but the depth of such front yard need not be more than twenty-five (25) feet. Side Yards: There shall be a side yard on each side of a building not less than ten (10) percent of the width of the lot; except that such side yard shall not be less than five (5) feet, and need not be more than fifteen (t5) feet. Bui!dings on corner lots, where interio~ lots have been planned or sold fronting on the side street, may project not more than ten (10) feet in front of the line established for buildings by the front yard require- ments for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner Io~ in separate ownership at the time of the passage of this ordinance, to less than twenty-eight (28) feet, and provided that the side yard regulations above shall be observed. Rear- Yards: The depth of the rear yard shall be at least thirty (30) percent of the depth of the lot, but such depth need not be more than twenty-five (25) feet. Width of Lot: The minimum width of a lot shall be seventy (70) feet at the building line and eighty (80) feet at the front property line, provided that where a lot has less width than herein required, in sep- arate ownership at the time of the passage of this ordinance, this regulation will not prohibit the erection of a one-family dwelling. 30° Lots bordering streets on curves or contours shall be 60 feet in width at the building line~ Lot Area per Family,: Every dwelling hereafter erected.or altered shall provide a lot area of not less than seventy-five hundred (7500) square feet per family, provided that where a lot has less area than herein required in separate ownership at the time of the passage of this ordi- nance, this regulation shall not prohibit the erection of a one-family dwelling. Where a public or community sewer is not available and in use for the disposal of all sanitary sewage, each lot shall provide not !ess than ten thousand (10,000) square feet per family~ Floor Area: Each dwelling unit hereafter erected, constructed, recon- structed or altered in said "A-3" One-Family District shall have a floor area, excluding basements, open and screened porches, and garages, of not less than one thousand five hundred ,500) square feet~ PARKING REGULATIONS: In said One-Family District the minimum off-street parking and loading regulations shall be an all-weather paved surface as follows: Same as "A-I" One-Family District. SPECIAL EXCEPTIONS: After public notice and hearing and appropriate condi- tions and safeguards~ the City Council may permlt~ as special exceptions~ in said One-Family District~ a, Same as "A-I" One-Fatally District° HEALTH REGULATIONS; If the permitted use is not to be served immediately by a water utility~ occupancy shall be prohibited until water satisfac- tory for human consumption is available from a source on the land~ or a public utility source, in adequate and sufficient supply for human use and operation of a septic tank and system° Individual water supplies must be in conformity to the local plumbing code° If the permitted use is not to be served immediately by a sewage collec- tion system connected to a community treatment plant~ or to a public sewerage facility~ occupancy shall be prohibited until a septic tank and subsurface drainage field designed and constructed in accordance with methods and standards approved by the State Department of Health and the local plumbing code have been installed, inspected~ and approved by the City~ 31o 5. "A-6" TWO-FAMILY DISTRICT USE REGULATIONS: In an "A-6" Two-Family District, no building or land shall be used and no bulldlng shall be hereafter erected, reconstructed, altered or enlarged, unless otherwise provided in this ordinance, except for one or ~Dre of the following uses: a. Dwellings, two-family° b. Dwellings, one-family. c. Any use permitted in "A-2" One-Family District. No building permit will be issued for the uses speclfied herein unless a plat of record has been filed with the City and In the County Court Records. ACCESSORY BUILDINGS AND USE: Accessory building and use same as "A-2" One- Famlly District. HEIGHT AND AREA REGULATIONS: In said "A-6" Two-Family District, the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows: ~: Buildings or structures shall not exceed thirty-five (35) eet, and shall not exceed two and one-half (2-1/2) stories In height. Front Yards: Any building hereafter constructed shall provide for a front yard, the minimum depth of which shall be at least twenty- five (25) percent of the depth of the lot, but the depth of such front yard need not be more than twenty-five (25) feet. Side Yards: There shall be a side yard on each side of a building not less than ten (10) percent of the width of the lot; except that such side yard shall not be less than five (5) feet, and need not be more than fifteen (15) feet. Buildings on corner lots, where interior lots have been planned or sold fronting on the side street, may project not more than ten (10) feet In front of the line established for buildings by the front yard require- ments for the interior lots on the side street, provided this regulation shall not be interpreted to reduce the buildable width of a corner lot In separate ownership at the time of the passage of this ordinance, to less than twenty-eight (28) feet, and provided that the side yard regulations above shall be observed. Rear Yards: The depth of the rear yard shall be at least thirty (30) percent of the depth of the lot, but such depth need not be more than twenty-five (25) feet. Width of Lot: The minimum width of a lot shall be eighty (80) feet at the building line and fifty (50) feet at the front property line, 32° provided ,hat where a lot has less width than herein required, In sep- arate ownership at the time of the passage of ,hls ordinance, this regulation will no, prohlbl, ,he erection of a one-family dwelling. Lots bordering s,ree,s on curves or con,ours shall be 60 fee, in width a, the building line. Lo, Area Per Family: Every two-family dwelling uni, hereof,er erec,ed. reconstructed, altered or enlarged shall provide a Io, area of not less ,hah ,wen,y-five hundred (2500) square feet per family; provided. however. ,ha, where a lot has less area than herein required and was of record and In separate ownership at the time of the passage of ,hts ordinance, said lot may be occupied by not more than one family. In areas not served by sanitary sewer the mlnlmum lot area per family shall be ten thousand (10,000) square feet. Floor Area: Every two-family dwelling unit hereafter erected, con- structed, reconstructed or altered shall have a floor area, excluding basements, open and screened porches and garages of not less than seven hundred f~ft¥ (750) sqo ~per each one (I) family dwelling unit° PARKING REGULATIONS: In said two-family dlstrlct, the minimum off-street parking regulations shall be an all-weather paved surface as follows: a. Two-Family Dwellings - One and one-half (I-I/2) parklng space for each family unit within a two (2) famlly dwelling unit. b. Single-Family Dwelling Units - One (I) parking space for each dwelling unit. Places of Assembly and Schools - Same as "A-I" One-Family Dlstrlct~ SPECIAL dltlons in said EXCEPTIONS: After public notice and hearing and appropriate con- and safeguards, the City Council may permit as special exception "A-6" Two-Family District the following: Dwellings in "A-6" Two-Family District may be Increased In not exceeding ten (10) feet, etc. Yard: Same as "A-2" One-Family District. HEALTH REGULA¥~ONSt if the permitted use is not to be served immediately by a water utili?y~ occupancy shall be prohibited until water satisfac- tory for human consumption i5 available from a source on the land~ or a public ufility source~ ~n adequate and sufficient supply for human use and operation of a septic tank and system° Individual water supplies mus, be in conformity to the local plumbing code° ~f the permitted use is not to be served immediately by a sewage collec~ tion system connected to a community treatment plant~ or to a public sewerage facitity~ occupancy shall be prohibited until a septic tank and subsurface drainage field designed and constructed in accordance with methods and standards approved by the State Department of Health and the local plumbing code have been insta~led~ inspected~ and approved by the City,, 6, "A-lO" MULTI-FAMILY DISTRICT USE REGULATIONS: In "A-lO" Multi-Family Districts no building, structure, land or premises will be used and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the following uses: a~ Multiple dwellings, three or more families~ bo Apartment houses, boarding and lodging houses (not including tourist or trailer parks, courts or lodges). Fraternities, sororities and lodges excepting those whose chief activities are services customarily carried on as a public busi- ness. do Institutions operated on sponsored by chartered educational, reli- gious, or philanthropi.c organizations but excluding institutions of correctional and trade schools. eo Any use permitted in "A-I", A-2", or "A-6" One-Family Districts° f e No building permit will be issued for the uses specified herein unless a plat of record has been filed in the City and in the County Court Records° ACCESSORY BUILDINGS AND USE: In "A-lO" Multi-Family Districts accessory buildings and uses customarily incident to any of the above uses are per- mitted when not involving the.conduct of business other than incidental to the residential use of such lot; including private and storage garages; provided, however, that such'accessory building or use shall not be located less than sixty (60)feet from the front lot line nor less than five (5) feet from either side llne and rear property line, provided said accessory building shall not occupy in excess of fifty (50) percent of the minimum required rear yard in the case of a one-story building or forty (40) per- cent ~n the case of a two-story building. No three-story accessory buildings shall be permitted° Said accessory building shall not be used for commercial purposes° (The term "commercial purposes" shall include part time businesses~) HEIGtH AND AREA REGULATIONS: ~n said "A-lO" Multi-Family Districts the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows: ~igh.t: Buildings or structures shall not exceed forty-five (45) feet and shall not exceed three (3) stories in height. Front Yards: Any building hereafter constructed shall provide for a front yard, the minimum depth of which shall be at least twenty-five (25) percent of the depth of the lot, but the depth of such front yard shall not be less than twenty-five (25) feet. Side Yards: There shall be a side yard on each side of a building not less than ten (10) percent of the width of the lot; except that such side yard shall not be less than six (6) feet and need not be more than fifteen (15) feet. Rear' Yards: The depth of the rear yard shall be at least thirty (30) ~ercent of the depth of the lot, but such depth need not be more than thirty (30) feet. Width of Lot: The minimum width of a lot shall be eighty (80) feet, p~ovlded that where a lot has less width than herein required, in separate ownership at the time of the passage of this ordinance, this regulation will not prohibit the erection of a one-family dwelling. Lots bordering streets on curves or contours shall be 60 feet in width at the building line. Lot Area Per Family: In said "A-lO" Multi-Family District apartment houses or where houses or buildings are arranged or designed for more than two (2) families the minimum area shall be eight thousand (8,000) square feet plus seven hundred (700) square feet for each fa,~ily in excess of two (2), in addition to the parking requirements set out herein° PARKING REGULATIONS: In said "A-lO" Multi-Family District the minimum off- street parking and loading regulations shall be an all-weather paved surface as follows: a. Two-family and multi-family dwell|ngs, one and one-half (I-I/2) parking spaces for each dwelling unit, For all fraternities, sororities and lodges, one (I) off-street parking space for each 125 square feet of floor area shall be provided. c. For institutions one (I) off-street parking space for each 175 square feet of floor area shall be provided. All buildings hereafter erected, reconstructed, altered, enlarged or converted for one or more uses permitted in "A-lO" Multi-Family District shall provide adequate permanent off-street facilities for the loading and unloading of merchandise and goods within or adjacent to the building in such a manner as not to obstruct the freedom of traffic movement on the public streets or alleys~ For areas used for more than single-family dwellings one and one-half (I-I/5) off-street parking space for each dwelling unit shall be provided° DEVELOPMEN¥ PLAN REQUIRED: An application for an "A-lO" Multi-Family District sha!l include and be accompanied by a schematic development plan. The Development Plan shall include: aw A scale drawing showing any proposed public or private streets and alleys; building sites or building lots; any areas proposed for dedication or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, s~rreet widening, street changes; ~he points of ingress and egress from existing public streets on an accurate survey of the boundary of tract and topo- graphy with a contour interval of not less than five (5) feet, or spot grades where the relief is limited. This drawing shall also show all existing buildings on the exterior of the site and within twenty-five (25) feet of all property lines. bo Where building complexes are proposed, a site plan showing the location of each building and the minimum distance between build- ings, and between buildings and the property line, street line and/or alley line shall be submitted. For buildings more than one (I) story in height, except single-family and two-family residences, elevations and/or perspective drawings may be required in order that the relationship of the buildings to adjacent prop- erty, open spaces, and to other features of the development plan may be determined. Such drawings need only indicate the height, number of floors, and exposures for access, light, and air. A plan indicating the arrangement and provision of off-street parking and off-street loading where required. Such a plan may be presented as a ratio of off-street parking and off-street loading area to building area when accompanled by a typical example indicating the feasibility of the arrangement proposed and when the areas where the example would be applied are dimen- sioned on the drawing of the entire site. Any special traffic regulation facilities proposed or required to assure the safe function of the circulation plan shall also be shown. d. A designation of fhe maximum building coverage of the site shall be Indfcated upon the site plan. Screening and landscaping plan shall be required where such treatment is essential to the proper arrangement of the develop- ment in relation to adjacent property. Such plan shall, when required, include screening walls, ornamental planting, play- grounds, wooded areas to be retained, lawns, and gardens, if such are determined to be necessary by the City Council° Any or all of fhe required features may be incorporated on a single drawing If such drawing is clear and capable of evaluation by the Planning and Zoning Commission~ and City Council and interpretation by the Building Inspector. The Development Plan shall be prepared in such a manner to indi- cate clearly the arrangement and size of all buildings, parking and service areas, open spaces, and recreation space. HEALTH REGULATIONS: If the permitted use is not to be served immediately by a water utility, occupancy shall be prohibited until water satisfac- tory for human comsumption is available from a source on the land, or a public utility source, in adequate and sufficient supply for human use and operation of a septic tank and system. Individual water supplies must be in conformity to the local plumbing code. ]56 ~ If the permitted use Is not to be served Immediately by a sewage collec- tion system connected to a community treatment plant, or to a publlc sewerage facility, occupancy shall be prohibited until a septic tank and subsurface dralnage field designed and constructed In accordance with methods and standards approved by the State Department of Health and the local plumbing code have been installed, inspected and approved by the City, "PUD" PLANNED UNIT DEVELOPMENT DISTRICT USE REGULATIONS: The purpose of this district is to accommodate planned associ'ati6~s of uses developed as integral land use units such as industrial parks or industrial dlstricts~ office, commercial or service centers~ shop- ping centers, residentia! developments of multiple or mixed housing, or any appropriate combination of uses which may be planned, developed and operated as integral land use units either by a single owner or combination HEIGHT AND AREA REGULATIONS: In said Planned Unit Development District the height of buildings, the minimum dimensions of lots and yards and the mini- mum lot area per family on any lot shall generally be In conformity to the height and area regulation specified In the various district regulations of District "A-2" of the Zoning Ordinance of the City of Southlake; however, the Planning and Zoning Commission shall establish specific height and area regulations as may be applicable to Implement and adjust the planned unit development. PARKING REGULATIONS: In said Planned Unit Development District the minimum off-street parking and loading regulations shall be an all-weather paved surface and shall generally be in conformity to parking regulations speci- fied in the various district regulations of District "A-2" of the Zoning Ordinance of the City of Southlake however, the Planning and Zoning Commis- sion shall establish parking regulations as may be applicable to implement and adjust the planned unit development. APPLICATION: A~ application for a Planned Unit Development DIstrlct may be made to the Planning and Zoning Co~nission in the same manner that an appli- catlcn for zone change is made. Applications for approval of a Planned Unit Development District shall be processed according to the procedure specified herein and a site plan and related data shall be submitted for approval in accordance with the requirements set out in the Development Schedul: below. PROCEDURE FOR ESTABLISHING STANDARDS: In approving the development plan and lhe ord'lnance establishing the ~lanned Unit Development District, the City Ccuncll shall, after recommendation by the Planning and Zoning Com- mission, ~pecify such maximum height, floor-area ratio, density and minimum off-street parking and loading standards within the limits of those specl- fled Tn the districts listed for the specific uses involved as is appropriate for the development. The City Council shall, after receiving the recommenda- tion of the Planning and Zoning Commission, establish the standards for yards, signs, building spacing, site coverage, access, screening walls or land$caping~ building area, open space, pedestrianways, public or private s+reets, and alJeys to be observed in a Planned Unit Development District and such standards shall be specified in the ordinance establishing the district. DEVELOPMENT SCHEDULE: An application for a Planned Unit Development Dis- trict shall, If the applicant desires or the Planning and Zoning Commission or City Council requires, be accompanied by a development schedule indl- catin9 the appropriate date on which construction Is expected to begin and ,he ra,e of anticipated development ,o completion. The development to completion. The development schedule, if adopted and approved by the City C.~uncil, shall become par, of the development plan and shall be adhered to by the owner, developer, and his successors in In,ernst. Annually. where a development schedule has been required, the Building Inspector shatl report to the Planning and Zoning Cx~mission the actual development accomplished in the various Planned Unit Development Districts as compared wi,h ,he development schedule. The Planning and Zoning Commission may. if in its opinion the owner or owners of proper,y are failing or have failed to meet ,he approved scheduler Ini,iate proceedings ,o amend ,he Zoning District Map or ,he Planned Unit Developmen, Dis,tic, by removing all or part of ,he Planned Uni, gevelopmen, District from ,he Zoning Dis,tlc, Map and placing ,he area involved in another appropriate zoning district. Upon the recommendation of the Planning and Zoning Commission and for g(~d cause shown by ,he owner and developer, the Ci,y Cx~uncil may also ex,end the development schedule or adopt such new development schedule as may be indlca,ed by the facts and conditions of the case. DEVELOI~MENT PLAN REQUIRED: An application for a Planned Unit Development District shall include and be accompanied by a development plan which shall becoe~ a part of the amending ordinance and shall be referenced on the Zoning District Map. Changes in ,he development plan shall be considered the same as changes in the Zoning District Map and shall be processed as required except that changes of detail which do not alter the basic rela- tionship of the proposed development to adjacent property and which do no, alter the uses permitted or increase the density, floor-area ratio, height or coverage of the site, or which do not decrease the off-street parking ratio, or reduce the yard~ provided at the boundary of the site as indicated on the ~pproved development plan may be authorized by the Zoning Adminis- trator. An~' applicant may appeal the decision of the Zoning Administrator to the Planning and Zoning Commission for review and decision as to whether an amendm~.nt to the Planned Unit Development District ordinance shall be required. The Development Plan shall include: A scale drawing showing any proposed public or private streets and alleys; building sites or building lots; any areas proposed for dedication or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, street widening, street changes; the points of ingress and egress from existing public streets on an accurate survey of the boundary of tract and topography with a contour interval of not less than five (5) feet, or spot grades where the relief is limited. Where multiple types of land use are proposed, a land use plan delineating the specific areas to be devoted to various uses shall be required. c. Where building complexes are proposed, a site plan showing the Ioca, ion of each building and the minimum distance between buildings, and between buildings and the property line, street line and/or alley line shall be submitted. For buildings more than one (t) story in height, except single-family and two-family residences, elevations and/or perspective drawings may be required in order that the relationship of the buildings to adjacent prop- erty, open spaces and to other features of the develop~nt plan may be determined. Such drawings need only indicate the height, number of floors end exposures for access, light and air. A plan indicating the arrangement and provision of off-street parking and off-street loading where required. Such e plan may be presented as a ratio of off-street parking and off-street loading area to building area when accompanied by a typical example indicating the feasibility of the arrangement proposed and when the areas where the example would be applied are dimen- sioned on the drawing of the entire site. Any special traffic regulation facilities proposed or required to assure the safe function of the circulation plan shall also be shown. e. A designation of the maximum building coverage of the site shall be indicated upon the site plan. Screening and landscaping plan shall be required where such treat- ment is essential to the proper arrangement of the development In relation to adjacent property. Such plan shall when required include screening walls, ornamental planting, playgrounds, wooded areas to be retained, lawns and gardens if such are determined to be necessary by the City Council. Any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the Zoning Administrator and interpretation by the Building Inspector. Every Planned Unit Development District approved under the provisions of this ordinance shall be considered as an amendment to the zoning ordinance as applicable to the property involved. In carrying out the development of a Planned Unit Development District, the development conditions and the development schedule, if required, shall be complie~ with and such conditions as are specified fcr the development of a Planned Unit Development District shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a certificate of occupancy and compliance. HEALTh: R__LGULATION~S: If the permitted use is not to be served immediately by a water utility, occupancy shall be prohibited until water satisfac- tory for human comsumption is available from a source on the land, or a Dubl~c u~llfy source, in adequat'e and sufficient supply for human use and operation of a septic tank and system. Individual water supplies must be in conformity to the local plumbing code. If ,he permi,,ed use is no, to be served immedla,ety t;~, a sewage, collec- ,ion sys,em connec,ed ,o a communi,y trea,ment plan,, or ,o a public sewerage faclli,y, occupancy shall be prohtbi,ed un, ii asep, lc and ~ubsurface drainage field designed and cons,ruc,ed In accordance wl,h me,hods and s,andards approved by the S,a,e Depar,men, of Heal,h and ,he local pl~mbin§ code have been ins,ailed, inspec,ed and a~Droved by ,he Ci,y. "S" SERVICE COI~ERClAL DISTR, IC~, USE REGIJLATION~: In "S" Service Commercial Districts no building, struc- t'ure, land or premises shall be used and no building or structure shall hereafter be erected, constructed, reconstructed, or altered except one or more of the following: a. Apothecary. b. Animal hospitals, if entirely within a building and no animals are kept outside. c. Auto parking areas, for passenger cars only. d. Barber and beauty shops. e. Book or stationery stores or newsstands. f. Camera shop. g. Children's nurseries and kindergartens. h. Clinics (Medical or Dental). I. Dancing schools. J. Florists, retail sales only. k. Greenhouses (commercial). I. Hospitals, sanitariums, or carehomes, except that none may be used for contagious, mental, drug or liquor addict cases. m. Medical, surgical or dental laboratories. n. M<>rtuary. o. Offices, business or professional. p. Restaurants, cafes Or cafeterias - without curb or drive-in services (service to be entirely wi,hln the building). Schools operated as a business. r. Signs and billboards on the ground are prohibited but signs may be erected on buildings provided they are fastened flat against the well, or erected on the roof. Signs on the roof shall not extend beyond the building well, nor shall any sign have a height of more than six (6) feet. s. Studios - art, artists, dance, music, drama, health, massage and reducing. 42° Any similar service use not included in any other district provided such use is not noxious or offensive because of odor¢ dust, noise~ fumes, or vibrations° Uo No building permit will be issued for the uses specified herein unless a plat of record has been filed with the City and in the County Court Records° ACCESSORY BUILDINGS AND USES: In "S" Service Commercial Districts accessory buildings and uses customarily incident to any of the above uses are permitted. No accessory use shall be constructed to permit the keeping of articles, goods or material in the open or exposed to the public view. When necessary to store or keep such material in the open the lot or area shall be fenced with a solid fence or wall at least six (6) feet in height. HEIGHT AND AREA REGULATIONS: In "S" Service Commercial Districts the heighf of buildings, the minimum dimensions of the lots and yards shall be as follows: Height: Buildings or structures shall not exceed thirty-five (35) feet¢ and shall riot exceed two and one-half (2-1/2) stories in height° Front Yard: Any building hereafter constructed shall provide for a front yards the m~nimum depth of which shall be at least twenty-five (25) percent of the depth of the lot, but the depth of such front yard need not be more than twenty-five (25) feet° Side Yard: Where a lot abuts upon the side of a lot zoned for dwelling purposes there shall be a side yard of not less than five (5) feet, otherwise no side yard shall be required but, if provided, it shall be not less than five (5) feet. On corner lots, with lots having reversed frontage at the rear, the side yard requirements shall be the same as "A-2" One-Family District. Where lot ar any portion of a lot abuts a lot zoned for dwelling purposes there shall be a side yard of at least ten (10) feet~ Rear Yard: No rear yard shall be required except where a lot or any portion of a lot abuts a lot zoned for dwelling purposes there shall be a rear yard on the rear of the lot equal to twenty (20) percent of the depth of the lot. Width of Lot: The minimum width of a lot shall be fifty (50) feet provided that when a lot has less width than herein required in separate ownership at the time of the passage of this ordinance shall not prohibit the erection of any building or use permitted in "S" Service Commercial Districts. PARKING REGULATIONS: In "S" Service Commercial Districts the minimum off-street parking and loading regulations shall be an all-weather paved surface as follows: Buildings having less than five thousand (5~000) square feet of floor area shall provide one and one-half (I-I/2) off-street parking space for each five hundred (500) square feet of ground floor building area. 43~ Buildings having over five thousand (5000) square feet but not more than ten thousand square feet of ground floor area shall provide fifteen (15) off-street parking spaces plus oqe (I) off-street parking space for each three hundred thirty-three (333) square feet of ground floor above five thousand (5~00) squnre feet. Buildings having over ten thousand (10,000) square feet of ground floor area shall provlde twenty-five (25) off-street parking spaces plus one (I) off-street parking space fnr each two hundred (200) square feet of ground floor area in excess of ten thousand (10,000) square feet. Buildings having local retail or professional office uses on floors above the ground floor shall provide off-street parking spaces at a ratio of one and one-half (I-I/2) spaces for each five hundred (bO0) square feet of floor area above the ground floor. ee Where more than one building is located upon a lot, the parking requirements shall be based upon the total floor area of all such structures. Retail, of~ ~e ~.~ service buildings shall provide and maintain off-s+reet fa.'ili ~es for the loading and unloading of merchan- dise and goods within the building or on the lot adjacent to a i,ublic alley or private service drive to facilitate the move- meqf of traffic on the public streets. Such space shall con- sist ¢.f a minimum area of ten (10) feet by twenty-flve (25) feet for each twenty thousand (20,000) square feet of floor space or fraction thereof in excess of three thousand (3,000) square feet in ~he ~uildi'~g or on the lot used for retail, storage or service purposes. SCREENING: Where a lot or any portion of a lot abuts a lot zoned for dw~l'ling purposes there may be required a solid six (6) foolmasonry wall ?o serve as a screen between the two properties. H[ALTH REGULATIONS: If the permitted use is not to be served Immediately h~ a water 'Utility', occupancy shall be prohibited until water satisfac- t~ry for human comsumptlon is available from a source on the land, or a public utility source, in adequate aad sufficient supply for human use and operation of a septic tank and system. Individual water supplies must be in conformity to the local plumbing code. If the permitted use is not to be served Immediately by a sewage collec- tion system connected to a community treatment plant, or to a public sewerage facility, occupancy shall be prohibited until a septic tank and subsurface drainage field designed and constructed in accordance with methods and standards approved by the State Department of Health and the local plumbing code have been installed, inspected and approved by the City. 44° "L" LIGHT COI~4ERCIAL USE REGULATIONS: In "L" Light Commercial Districts no building, structure, land or premises shall be used and no building or structure shall hereafter be erected, constructed, reconstructed, or altered except one or more of the following: a. Any use permitted in "S" Service Commercial District. b. Ambulance service. c. Antique shop, provided the storage of all goods are within the building. d. Bakery, retail sales only. e. Blueprinting or photostating. f. Candy, cigars and tobaccos, retail sales only. g. Cleaning, dyeing and laundry pickup station, for receiving and delivery of articles to be cleaned, dyed and actual work to be done on the premises. Delicatessen shops. Drug store, retail sales only. Gasoline filling stations. (Retail without body repairs, or painting. Greenhouses (commercial). laundered, but no sales and minor repairs Grocery store, retail sales with no more than two (2) checkout stands. m. Jewelry stores and optical goods. n. Meat market, retail sales only. o. Miniature golf courses and driving ranges. p. Mortuary. q, Photograph studios r. No building permit will be issued for the uses specified herein unless a plat of record has been filed with the City and in the County Court Records. ACCESSORY BUILDINGS AND USES: In "L" Light Commercial Districts accessory buildings and uses customarily incident to any of the above uses are per- mitted. No accessory use shall be constructed to permit the keeping of articles, goods or material in the open or exposed to the public view. When necessary to store or keen such material in the open the let or area shall be fenced with a masonry wall at least six (6) feet in height~ HEIGHT AND AREA REGULATIONS: In "L" Light Commercial Distr~ct the height of buildings, the minimum dimensions of the lots and yards shall be as follows: H.ei~ht: Same as "A-2" One-Family District. Front Yard: Same as "A-2" One-Family Districts. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. Side Yard: No side yard shall be required for a retail use except: a. On a corner lot, a side yard of ten (10) feet shall be required on the side street. On the side of a lot In an "L" Light Commercial District adjoining a dwelling district, there shall be a side yard. The minimum width of the side yard shall be ten (10) feet or ten percent (10%) of the average width of the lot, whichever is smaller, but a side yard shall not be less than five (5) feet. The side yard adjacent to a side street shall not be less than ten (10) feet. No side yard shall be required when the "L" Light C~ercial District is separated from a dwelling district by an alley. Rear Yard: ~!o rear yard shall be required except where a lot or any portion of a lot abuts a lot zoned for dwelling purposes there shall be a rear yard on the rear of the lot equal to twenty (20) percent of the depth of the lot. Width of Lott The minimum width of a lot shall be fifty (50) feet pro- vided that when a lot has less width than herein re0uired in separate ownership at the time of the passage of this ordinance shall not pro- h!bit the erection of any building or use permitted i~ "L" Light Commercial Districts. PARKING REGULATIONS: In "L" Light Commercial Districts the minimum off- street parking and loading regulations shall be an all-weather paved surface as follows: Buildings having less than five thousand (5000) square feet of floor area shall provide one and one-half (I-I/2) off-street park- ing space for each five hundred (500) square feet of ground floor building area. [3uitdinqs having over five thousand (5000) square feet but ne+ more 1hah ten thousand square feet of ground floor area shall provide fifteen (15) off-street parking spaces plus one (I) off- street pa'-king space for each three huncred tkJr y-three (3~3) sauare feet of ground floor above five thousand (5000) square feet. Buildings having over ten thousand (IC,O00) square ~eet of ground floor area shall provide twenty-five (25) off-street parking spaces plus one (I) off-street parking space for each two hundred (200) square feet of ground floor area i~ excess of ten thousand (10,000) square feet. Buildings having local retail or professional office uses on floors above the ground floor shall provide off-street parking spaces at a ratio of one and one-half (I-I/2) spaces for each five hundred (500) square feet of floor area above the ground flc.c)r in addition to the parking requirements for the lower levels. Where more than one building is located upon a lot, the parking requirements shall be based upon the total floor area of all such structures. Retail, office and service buildinqs shall provide and maintain off-street facilities for the loading and unloading of merchandise and goods within the building or on the lot adjacent to a public alley or private service drive to facilitate the movement of traffic on the public streets. Such space shall consist of a minimum area of ten (10) feet by twenty-five (25) feet for each twenty thousand (20,000) square feet of floor space or fraction thereof in excess of three thousand (3,000) square feet in the building or on the lot used for retail, storage or service purposes. SCREEfiIHG: Where a lot or any portion of a Jot abuts a lot zoned for dwelling purposes, there may be required a solid six (6) foot masonry wall to serve as a screen between the two properties. BEALTH REGULATIONS: If the permitted use is not to be served immediately by a water' utility, occupancy shall be prohibited until water satisfac- tory for human comsumptlon is available from a source on the land, or a public utility source, in adequate and sufficient supply for human use and operatioI~ of a septic tank and system. Individual water supplies must be in conformity to the local plumbing code. If the permitted use is not to be served immediately by a sewage collec- tion system connected to a community treatment plant, or to a public sewerage facility, occupancy shall be prohibited until a septic tank and subsurface drainage field designed and constructed in accordance with methods and standards approved by the State Oepartment of Health and the local plumbing code have been installed, inspected and approved by the City. 470 "H~t HEAVY COMMERCIAL DISTRICT USE REGULATIONS: In an "H" Heavy Commercial District no building, struc- ture, land or premises shall be used and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one or more of the following uses: a. Any use permitted in "L" Light Commercial District. b. Aquarium. c. Auction gallery. d. Auto laundry without boiler, heating and steam cleaning facili- ties, in which all washing operations are carried on within the build~ng. (Hand car-wash). eo Auto repair garage where all work is conducted inside the building and not including the open storage of vans, trailers, or trucks. f. Auto seat cover sales, covering, upholstering. g. Banks, banking offices, wholesale sales office or s~mple room. ho Bird and pet shops - retail. Bowling alley - if air conditioned and soundproof. Cafeteria - cafe with drive-in facilities or curb service. k. Caterer and wedding service. Io Cleaning and pressing shops having an area of not more than slx thousand (6,000) square feet. m. Curtain cleaning'shop having an area of not more than six thousand (6,000) square feet. n. Department store~ novelty or variety shop, retail sales only. o. Dyeing plant with not more than six thousand (6,000) square feet of floor space. p. Electrical goods, retail sales only, provided the storage of all goods are within the building. q. Electrical repairing - domestic equipment and autos, retail sales only. r. Exterminating company, retail. s. Fix-it shops, bicycle repairs, saw filing, lawn mower sharpening, retail only but without outside storage. 48° X. Zo aa. bb. CC. dd. ee, ff. gg. hh. Ii. kk. II, Furniture repairs and upholstering, retail sales only and where all storage and display is wlthln the building. Frozen food lockers, retail. Grocery stores, retail sales only. Ice delivery station. Job and newspaper printing. Letter and mi~reph shop end type setting. Moving picture theatre. Nursery~ retail sale of plants and trees. Enameling and Painting and Paint Shops. Piano and musical instruments, retail sale only. Public garages. (Parking). Plumbing shop, retail sales only, without ~erehouse facilities to Insure storage for ordinary repairs but no storage for mate- rial for contracting ~ork. Restaurant with drive-in facilities provided no food or drink may be served to vehicles parked on the public street. Retail store or shop for custo~ uork or the making of light end nonobnoxlous articles to be sold for retail on the premises. Rug cleaning shop having an area of not more than six thousand (6,000) square feet, chemical type, where cleaning operations are carried on within a building where rugs are laid flat on the floor, the chemical mixed with water, applied with a brush, and removed by vacuum cleaning, entirely without the generation of dust. Seed store. Wearing apparel including clothing, shoes, hats, millinery and 'accessories. Used and new car lots. Any other retail use provided such use Is not obnoxious or offensive by reason of the erals$1on of odors, soot, dust, noise, gas fumes or vibration. 42. Accessory building and use customarily im ident to the above. No accessory use shall be construed to permit the keeping of articles or material in the open or on the outside of the build- inq. No b,Jilaing permit will be issued for the uses specified herein unless a plat of record has been filed with the City and in the County Court Records, H[ IGk~T AND AREA REGULATIONS: Same as "L" Light Commercial District. PARKING REGULATIONS: Same as "L" Light Commercial District. Business offic~s and banks shall provide off-street parking spaces at a ratio of one (I) space for each two hundred and fifty (250) square feet of floor area. Yowling alt,Ws shall provide off-street parking space at a ratio equal to that ~pecified in "L" Light Co~ercial District; however, in no case shall it be lest. than a ratio of four (4) spaces for each lane in the alley, plus or,e fl) space for each four (4) seats of restaurant or cafe facilities within the building, plus one (I) sp: :e for each ten (10') spectator seats. SCREENII~C: Where a lot or any portion of a lot abuts a lot zoned for dwelling purposes there may be required a solid six (6) foe! masonry wall to serv, as a screen between the two properties. HEALTtl RLSULATIONS: If the permitted use is not to be served im~nediately by a wa~er utility, occupancy shall be prohibited until water satistac- tory for human comsumption is available from a source on the land, or a public utility source, in adequate and sufficient supply for human use and operation of a septic tank and system. Individual water supplies must be in conformity to tnt. local plumbing code. If ;he permitted use is net h: be served immediately by a sewage collec- tion ~stem connected to a community treatmen~ plant, or to a public s,~..erdge facility, occupancy shall ae prohibited until a septic tank and subsurface drainage field designed and constructed in accordance with methods and standards approved by the State Department of Health and the local plumbing code h~ve been installed, nspected and approved by the Cit~. "F" LtEHT INDL!$TRIAL DISTRICT USE PECULATIONS: in "F" Light Industrial Oistricl no building, structure, land or premises shall be used, and ~o building or ~tructure shall hereafter be erected, construct*~d, reconstructed, or altered, except for one or more of the following uses: a. Artificial flower manufacture b. Ariificial limb manufacture c. Aut~r~bile laundry (car wash) d. Auto ?ainling; auto e. Awning manufacture, cloth, metal, wood f. Bag cleaning plant when ~:~uipDed with cyclone separator and bag filters with no exterior exhaust to cleaning eauipment g. bo,eries - wholesale i. ~oal manufacture i. ~©oK printing, bipding, bindery ~cttling works with syru~ manufacture k. ~cwli~5 olio,' - non-air-conditioned and ~on-soundprocf I. Bus and tru~!~ storage m. Cubing; shop and furniture manufacturers ~andy manufacture Creamory - w~ole~ale p, Prug manufacture Dry goods, wholesale and storage r, Dyeing plant having more than six thousand (6,000) square feet s. Egg candlin~ and grading t. Elech'icat a~d neon sign manufacfura Electro-plating; electro-typing Lr~graving plant w. Envelope manufacturG 51. x. Fixture manufacture y. Food products manufacture, frozen food lockers, wholesalE, z. Furniture repair and upholstering - ~nolecale aa. Grocer,/ stero, ~holesaling and storage bb. Hsttr,,ss making and renovation - where dust precipitating equipment is used cc. Milk depot, wholesale dd. Miltinnr¥ manufacture ee. Mirror resilverin9 ff. Mobile homes and trailer manufacture gg. Motor freight terminal hh. Moving and storage company ii. Office equipment and supply manufacturing jj. Optical goods manufacture kk. Paper pro(lucts and paper box manufacture II. Paint mixing, but excluding alt cooking or baking operations of paints, varnish and lacquers mm. Pharmaceut!cat manufacture nh. Photo engraving plant oo. Stone monument works - retail pp. Taxicab storage and repairs Tire retreaQing and recapping (without obnoxious odor, burning, etc.) rr. Transfer and baggage company ss. ~runk manufacturing tr. Type settin9 uu. Venetian blind manufacturing vv. Warehouse, wholesale office, sales and storage ww. Water distillation Any manufacturing or'industnial use'which is not obnoxious or offensive by reasons of the emission of odor, dust, smoke, gas or noise. yy. Accessory buildings and uses customarily incidental to the above. ZZo No building permit will be issued for the uses specified herein unless a plat of record has been filed with the City and in the County Court Records. HEIGHT AND AREA REGULATIONS: In said "F" Light Industrial District, the height of buildings, and the minimum dimensions of yards shall be as follows: e: No building hereafter erected, reconstructed, altered, or d shall exceed forty-five (45) feet and shall not exceed three (3) stories in height. Front Yard: Any building hereafter constructed shall provide a front yard the minimum depth of which shall be at least fifteen (15) percent of the lot depth when the lot is more than one hundred and fifty (150) feet in depth and less than two hundred (200) feet in depth; ten (10) percent of the lot depth when the lot is more than two hundred (200) feet in depth and less than three hundred (300) feet in depth. In no case shall the required front yard exceed thirty (30) feet in depth. Side Yard: No side yards are required in "F" Light Industrial Districts except when a lot zoned "F" Light Industrial District abuts a lot zoned for dwelling purposes there shall be allowed a minimum space of ten (IO) feet in width between buildings provided the side yard of the property zoned for industrial shall not exceed five (5) feet. Rear Yards: No rear yard shall be required in "F" Light Industrial Districts except where a lot zoned industrial abuts a lot zoned for dwelling purposes, there shall be a rear yard on the rear of the lot equal to twenty (20) percent of the depth of the lot but in no case shall such rear yard be less than ten (10) feet nor more than forty (40) feet. PARKING REGULATIONS: In "F" Light Industrial Districts the minimum off- street parking and loading regulations shall be an all-weather paved surface as follows: Manufacturing, industrial and processing establishments, repair shops, warehouse, storage buildings, lumber and supply yards provide off-street 'parking space at a ratio of one (I) space for each three (3) employees. The maximum number of employees on duty at any time day or night shall be the basis determining parking requirements for any establishment. Where the number of employees is indeter- minate, off-street parking space shall be provided in a ratio of one (I) space for each one thousand (I,000) square feet of floor area. 53. b. The parking requirements for retail, personal services~ professional offices are the same as "L" Light Commercial District. c. The loading requirements are the same as "L" L~g~t Commercial District. SPECIAL EXCEPTIONS: After public notice and hearing and appropriate con- ditions and safeguards, the City Council, upon recommendation by the Zoning Commission, may permit as special exception in said "F" Light Industrial District: Height: In "F" Light Industrial Districts a detached accessory building not exceeding twenty-four (24) feet or two stories in height, or in any case not higher than the main building, may occupy not more than thirty (30) percent of a rear yard, except that if such building is not more than one story or sixteen (16) feet high, it may occupy forty (40) percent of a rear yard. A detached accessory building may be connected with the main building by a lightly constructed covered passage open on each side not more than six (6) feet wide inside, the roof of which is not more than twelve (12) feet high at its highest point, and is not an extension of the roof of the main building. Uses: Products from aluminum, brass, copper, steel, tin or other metals and from bone, leather, paper, rubber, shell, wire or wood, or any other, provided power not to exceed fifty (50) h.p. is employed in the opera- tion of any one machine. SCREENING: Where a lot or any portion of a lot abuts a lot zoned for dwelling purposes there may be required a solid six (6) too, masonry wall to serve as a screen between the two properties. HEALTH REGULATIONS: If the permitted use is not to be served immediately by a water utility, occupancy shall be prohibited until water satisfac- tory for human comsumption Is available from a source on the land, or a public utility source, in adequate and sufficient supply for human use and operation of a septic tank and system. Individual water supplies must be in conformity to the local plumbing code. If the p,~rmitted use is not to be served immediately by a sewage collec- tion system connected to a community treatment plant, or to a public sewerage facility, occupancy shall be prohibited until a septic tank and subsurface drainage field designed and constructed in accordance with methods and standards approved by the State Department of Health and the local plumbing code have been installed, inspected and approved by the City. 54. 12. "M" MOBILE HOME PARK DISTRICT USE REGULATIONS: The purpose of this district is to permit and regulate mobile homes, trailer courts and mobile home parks and the uses necessary for their operation. No individual mobile home will be permitted other than those located in a specified mobile home park. APPLICATION: An application for a mobile home park may be made to the Planning and Zoning Commission in the same manner that an application for zone change is made. Application for approval of a mobile home park shall be processed according to tfe procedure specified herein and a site plan and related data shall be submitted for approval in accordance with the requirements set out in the Development Plan below. The application shall be in writing, signed by the applicant and shall include the following: a. The name and address of the applicant b. The location and legal description of the mobile home park c. A complete plan of the park in conformity with the requirements set out in the Development Plan d. Preliminary plans and specifications of all buildings, improvements and facilities to be constructed within the mobile home park Such further information as may be requested by the Zoning Admin- istrator to determine if the proposed park will comply with legal requirements. The application and all accompanying plans and specifications shall be filed with the Zoning Administrator in triplicate. The Planning and Zoning Commission shall Investigate the applicant and inspect the appli- cation and the proposed plans and specifications. If the applicant is of go~d moral character, and the proposed mobile home park will, when constructed or altered in accordance with such plans and specifications, be in compliance with all provisions of this ordinance and all other applicable ordinances and statutes, the Planning and Zoning Commission may recommend for approval by the City Council. LOCATION; Mobile home parks may be located only in conformity with the Comprehensive Zoning Ordinance of the city and, in addition to the require- ments contained herein, each boundary of the park must be at least two hundred (200) feet from any permanent residential building located outside the park, unless separated therefrom by a natural or artificial barrier, or unless a majority of the property owners according to area within said two hundred (200) feet consent in writing to the establishment of the park, provided, however, that the provisions of this section shall not apply to mobile home parks already in existence and operation at the time of the passage of this ordinance. DEVELOPMENT PLAN: The mobile home path shall conform to the following requirements: ge The park shall ~e located on a ~:ell-dra~ned site, properly graded to insure rap~d drainage and freedom from stagnant pools of water. Mobile home spaces shall be pot less than ten thousand (10~000) square feet. Mobile homes shall be so harbored on each space that there shall be at least a 15-foot clearance between mobile homes, provided, however, that with respect to mobile homes parked end-to-end, the end-to-end clearance may be less than 15 feet but shall not be less than I0 feet. No mobile home shall be located closer than I0 feet from any building within the park or from any property line bounding the park. All mobile home spaces shall abut upon a driveway of not less than 18 feet in width, which shall have unobstructed access to a public street, alley or highway. Walkways not less than two feet wide shall be provided from the mobile home spaces to the service buildings. All driveways and walkways within the park shall be all-weather hard surfaced and lighted at night with electric lamps of not less than 75 watts each, spaced at intervals of not more than I00 feet. An electrical outlet supplying at least I10 volts shall be provided for each mobile home space. When a public or c~nmunity sewer system is available, sewer con- nections shall be installed as required by the local plumbing code. If the park is not to be served immediately by a sewage collec- tion system connected to a community treatment plan~ or to a public sewerage facility, the occupancy of any trailer or mob~ile home shall be restricted until a septic tank and subsurface ~ drainage field designed and constructed in accordance with meth- ods and standards approved by the State Department of Health and the local plumbing code has been installed, inspected~ and approved by the City. If the permitted use is not to be served immediately by a water utility, occupancy shall be prohibited until water satisfactory for human consumption is available from a source on the land, or a public utility source~ in adequate and sufficient supply for human use and operation of a septic tank and system° Individual water supplies must be in conformity to the local plumbing code. 56~ PARKING REGULATIONS.: In said **~ ~loblle Home Park District the minimum off'-street parking and loading regulations shall be an all-weather paved surface as follows: I~oblle Home Space - One (I) parking space for each mobile h~me, camp trailer or other similar portable structure; in addition one (I) parking space for each three (3) mobile hoene spaces shall be provided. SECTION VII SUPPLEMENTARY DISTRICT REGULATIONS Visibility at Intersections'in Residential Districts - On a corner lot In any resldentlel dlstrlct;'nothlng shall be erected, placed, planted, or allowed to grow in such a manner as materially to Impede vision between a height of two and one-half and ten feet above the center line grades of the Intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of Intersection. Fences, Walls and Hedges - Notwithstanding other provisions of thls ordinance, fences, walls, and hedges may be perm ltted In any required yard, or along the edge of any yard, provided that no f®nc®, wall or hedge along the open sides or front edge of any front yard shall be over slx (6) feet In height. No building may be constructed across ®xistlng lot lines unless a replat is filed and approved in accordance with applicable regulations of the City. 58. SECTION Vtll ADMINISTRATIVE AND ENFORCEMENT BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY Administration and Enforcement - An Administrative Official designated by the City Council shall administer and enforce this ordinance. He may be provided with the assistance of such other persons as the City Council may direct. If the Administrative Official shall.find that any of the provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order dis- continuance of illegal use of land, buildings, or structures or of addi- tions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to insure compliance with or to prevent violation of its provisions. When required by the Administrative Official, Applicable Advisory Board or Commission, or the City Council, any applicant for a zoning change shall submit two copies of a proposed site development plan showing: A scale drawing showing any proposed public or private streets and alleys; butlding sites or building lots; any areas proposed for dedication or reserved as parks, parkways, playgrounds, utility and garbage easements, school sites, street widening, street changes; the points of ingress and egress from existing public streets on an accurate survey of the boundary of tract and topography with a con- tour interval of not less than five (5) feet, or spot grades where the relief is limited. Where multiple types of land use are proposed, a land use plan delin- eating the specific areas to be devoted to various uses shall be required. Where building complexes are proposed, a site plan showing the Ioca- tion of each building and the minimum distance between buildings, and between buildings and the property llne, street line and/or alley line shall be submitted. For buildings more than one (I) story in height, except single-family and two-family residences, elevations and/or perspective drawings may be required in order that the rela- i~onship of the buildings to adjacent property, open spaces and to other features of the development plan may be determined. Such draw- ings need only indicate the height, number of floors and exposures for access, light and air. A plan indicating the arrangement and provision of off-street parking and off-street loading where required. Such a plan may be presented as a ratio of off-street parking and off-street loading area to 59° building area when accompanied by a typical example indicating the feasibility of the arrangement proposed and when the areas where the example would be applied are dimensioned on the drawing of the entire site. Any special traffic regulation facilities proposed or required to assure the safe function of the circulation plan shall also be shown. e. A designation of the maximum building coverage of the site shall be indicated upon the site plan. f. Screening and landscaping plan shall be required where such treat- ment is essential to the proper arrangement of the development in relation to adjacent property. Such plan shall when required include screening walls, ornamental planting, playgrounds, wooded areas to be retained, lawns and gardens if such are determined to be necessary by the City Council. Building Permits Required - No building or other structure shall be erected, moved, added to, or structurally altered without a permit there- for issued by the Administrative Official authorized to issue the same. No building permit shall be issued except in conform lty with the provi- sions of this ordinance and all applicable building codes of the City. Certificates of Occupancy for New, Altered, or Nonconforming Uses - It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the Administrative Official stating that the proposed use of the building or land conforms to the requirements of this ordinance. No nonconforming structure or use shall be maintained, renewed, changed or extended until a certificate of occupancy shall have been issued by the Administrative Official. The certificate of occupancy shall state specifically wherein the nonconforming use differs from the provisions of this ordinance, provided that upon enactment or amendment of this ordinance owners or occupants of nonconforming uses or structures shall have three months to apply for certificates of occupancy. Failure to make such application within three months shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of this ordinance. No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate o~ occupancy and the certificate shall be issued in conformity with the provisions of this ordinance upon completion of the work. A temporary certificate of occupancy may be issued by the Administra- tive Official for a period not exceeding six months during altera- tions or partial occupancy of a building pending its completion, pro- vided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public. 60, The Administrative Official shall maintain a record of all certlfl- cares of occupancy~ and copies shall be furnished upon request to any parson. e. Failure to obtain a certificate of occupancy shall be a violation of this ordinanca and punishable under Section XIV of this ordinance. Construction and Use to be as Providad in Applications, Plans, Pemits, and Certificates of Occupancy - Building pemlts or certificates of occupancy issued on the basis of pJans and applications approved by the Admlnlstrative Official authorize only the use~ arrangement, and con- structlon set forth in such approved plans and applicatJons~ and no other use, arrangement or construction. Use, arrangement, or construc- tlon or variance with that authorized shall be deemed violation of this ordinance, and punishable as provided by Section XlV hereof. SECTION IX DUTIES OF ADMINISTRATIVE OFFICIAL, BOARD OF ADJUSTHENT, CITY COUNCIL, AND COURTS ON MATTERS OF APPEAL it is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the administrative official and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the administrative official and that recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law. It is further the intent of this ordinance that the duties of the City Council in connection with this ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this ordinance. Under this ordinance the City Council shall have only the duties of (I) considering and adopting or rejecting proposed amendments or the repeal of this ordinance, as provided by law, and (2) of establishing a schedule of fees and charges as stated in Section X below. 62° SECTION X SCHEDULE OF FEES, CHARGES, AND EXPENSES The City Council shall establish a schedule of fees, charges, and expenses, and a collection procedure, for building permits, certificates of zoning compliance, appeals, and other matters pertaining to this ordinance. The schedule of fees listed below shall be posted in the office of the administra- tive official and may be altered or amended only by the City Council. No permit, certificate, special exception, or variance shall be issued unless or until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the Board of Adjustment unless or until preliminary charges and fees have been paid in full. Schedule of Permit Fees - On all buildings~ structures or alterations requiring a building permit, as set forth in Section 105 of the SOUTHERN STANDARD BUILOING CODE, fee shall be paid as required at the time of filing application, in accordance with the following schedule: (al Permit Fees: (I) Where the valuation does not exceed $100.00, no fee shall be re0uired, unless an inspection is necessary, in which case there shall be a $1.50 fee. (2) For a valuation over $100.00 up to and including $15,000.00 the fee shall be $3.00 per thousand or fraction thereof. (3) For a valuation over $15,000.00 up to and including $100,000o00, the fee shall be $45.00 for the first fifteen thousand plus $2°00 for each additional thousand or fraction thereof. (4) For a valuation over $100,000o00 up to and including $500,000.00 the fee shall be $215.00 for the first one hundred thousand plus $1.00 for each additional thousand or fraction thereof. (5) For a valuation over $500,000°00 up to and including $1,000,000.00 the fee shall be $615.00 for the first five hundred thousand plus 40¢ for each additional thousand or fraction thereof. (6) For a valuation over $1,000,000.00 the fee shall be $815o00 for the first million plus 15¢ for each additional thousand or frac- tion thereof. (b) Movin~ of Building or Structures: (I) For the moving of any building or structure, the fee shall be $10.00. 63. (c) Demolition of Building or Structures (I) For the demolition of any building or structure, the fee shall be $4.00. The fee for processing a zoning change request shall be $25.00. The fee for certificate of occupancy for nonconforming structures shall be $25.00. The fee for processing an appeal to the Zoning Board of AdJustment shall be $25,00. 64, SECTION XI AMENDMENTS The regulations, restrictions, and boundaries set forth In thls ordinance may from time to time be amended, supplemented, changed, or repealed, pro- vlded, however, that no such action may be taken until after a public hear- ing In relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City. In case, however, of a protest against such change signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extend- lng two hundred (200) feet from the street frontage of such opposite lots, such amendments shall not become effective except by the favorable vote of three-fourths (3/4) of the governing body of the City. SECTION Xll PROVISIONS OF ORDINANCE DECLARED TO BE NININUN REQUIRENENTS In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or ganeral welfare. Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulatlons, ordinance, deed restrictions, or covenants, the most restrictive of that imposing the higher standards shall govern. SECTION Xlll COI,~PLAINTS REGARDING VIOLATIONS Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the administrative official. He shall record properly such complaint, Immediately investigate, and take action thereon as provided by this ordinance. 67. SECTION XIV PENALTIES FOR VIOLATION Violation of the provisions of this ord[nance or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this ordlnance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not less than Ten ($10.00) Dollars nor more than Two Hundred ($200.00) Dollars. Each day such violation continues shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who ccemlts, partlclpates in, assists In, or maintains such vlolatlon may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the City from taking such other law- ful action as is necessary to prevent or remedy any violation. 68. SECTION XV SEPARABILITY CLAUSE Should any section or provision of this ordinance be declared by the courts to be unconstltutlonal or invalld~ such decision shall not affect the valid- it¥ of the ordinance as a whole, or any part thereof~ other than the part so declared to be unconstitutional or invalid, 69, SECTION XVl REPEAL All ordinances or parts of ordinances In conflict wlth any of the provisions of this ordinance are hereby repealed insofar as the same are in conflict with the provisions hereof. 70. SECTION XVII BOARD OF ADJUSTMENT: PROCEDURE A Board of AdJustmen, Is hereby established, which shall consist of five members to be appointed by the City Councll. The term of office of said members shall be three (3) years; provided, however, at the first meeting of the first five (5) members of the Board of Adjustment, such members shall draw by lot ,o determine which three (3) members shall serve one (I) year ,arms, which one (I) member shall serve two (2) year term, and which one (I) member shall serve ,brae (3) year term; thereafter the approved number of members shall be appointed each year for a full term of three years, in making such appointments, ,he City Council shall name one ap- pointee as Chairman and one as Vice-Chairman. After the appolntment of the original members thereof, all vacancies occurring on the Board of AdJust- men, shall be filled by appointment of the Clty Council. Members of the Board of AdJustmen, may be removed from office by the City Council for cause upon written charges and after pubilc hearing. Vacancies shall be filled by resolutlon of the City Council for the unexpired ,arm of the mem- ber affected. Proceedings of the Board of AdJustment - The Board of Adjustment shall adopt rules necessary to ,he conduct of l,s affairs and In keeping wl,h the provisions of this ordinance. Mee, ings shall be held at the call of the chairman and a, such other tlmes as the board may determine. The chairman, or In his absence the ac, lng chairman, may admlnlster oaths and compel the at,endance of witnesses. All meetings shall be open to the public. The Board of AdJustment shall keep minutes of its proceedings, showlng the vote of each member upon each question, or If absent or falling to vote indicating such fact, and shall keep records of l,s examinations and other officlal actions, all of whlch shall be a public record and be immediately filed in the office of the board. Hearings; Appeals; Notice - Appeals to the Board of Adjustment concern- lng InterDrefatlon or administration of this ordinance may be taken by any per~on aggrieved or by any officer or bureau of the governing body of the city affected by any decision of the administrative official. Such appeals shall be taken within a reasonable time, not to exceed 60 days or such lesser period as may be provlded by the rules of the Board of AdJustment a notice of appeal specifying the grounds thereof. The administratlve official shall forthwith transmit to the board ali papers constituting fha record upon which the action appealed from was taken. The Board of Adjustment shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear In person or by agent or attorney. Stay of Proceedlngs - An appeal stays all proceedings In furtherance of the action appealed from, unless the administrative official from whom the appeal Is taken certlfles to the Board of Adjustment after the notice of appeal is filed with him that, by reason of facts stated in the certificate, a stay wouldj in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the administrative official from whom the appeal ls taken and on due cause shown. 72° SECTION X¥111 THE BOARD OF ADJUSTMENT: POWERS AND DUTIES The Board of Adjustment shall have the following powers and duties: Administrative Review - To hear and decide appeals where it Is alleged there is error in any order, requirement, declslon~ or determlnation made by the administrative official in the enforcement of this ordl- 2,, Special Exceptions; Conditions Governing Applications; Procedures - To hear and decide only such special exceptions as the Board of Adjustment ls specifically authorized to pass on by the terms of this ordinance; to decide such questions as are granted; and to grant special e~cep- tlons with such conditions and safeguards as are appropriate under this ordinance, or to deny special exceptions when not In harmony with the purpose and intent of this ordinance. A special exception shall not be granted by the Board of Adjustment unless and until: Written application for a special exception is submitted indicating the section of this ordinance under whlch the special exception is sought and stating the grounds on which It ts requested; Notice shall be given at least fifteen days in advance of public hearing. The owner of the property for which special exception is sought or his agent shall be notified by mail. Notice Df such hearings shall be posted on the property for which special excep- tion Is sought at the City Hall and one other public place at least 15 days prior to the public hearing; c. The public hearing shall be held. Any party may appear in person or by agent or attorney; The Board of Ad.justment shall make a finding that It Is empowered under the sec'~ion of this ordinance described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest. In granting any special exception, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this ordinance and punishable under Section XIV of this ordinance. The Board of Adjustment shall prescribe a time limit within which the action for which the special exception Is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the special exception. Varlances; Conditions Governing Applications; Procedures - To authorize upon appeal In specific cases such variance from the terms of this ordi- nance as will not be contrary to the public interest where, owing to 73° special conditions, a literal enforcement of the provisions of this ordlnance would result in unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the Board of Adjustment unless and until: a. A written application for a variance is submitted demonstrating: (I) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or build- Ings in the same district; (2) That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordi- nance; (3) That the special conditions and circumstances do not result from the actions of the applicant; (4) That granting the variance requested will not confer on the applicant any special privilege that Is denied by this ordi- nance to other lands, structures, or buildings in the same district. No nonconforming use of neighboring lands, structures, or buildings In the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. b. Notice of public hearing shall be given as in Section XVIII-2b above; c. The public hearing shall be held. Any party may appear in person, or by agent or by attorney; d. The Board of Adjustment shall make findings that the requirements of Section XVIII-3a have been met by the applicant for a variance; The Board of Adj,Jstment shall further make a finding that the rea- sons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; The Board of Adjustment shall further make a finding that the grant- ing of the variance will be in harmony with the general purpose arid intent of this ordinance and will not be injurJous to the neighor- hood or ofherwise detrimenfal to fhe public welfare~ In granting any variance, the Board of Adjustment may prescribe appro- priate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance Is granted, shall be deemed a violation of this ordinance and punishable under Section XiV of this ordinance° 740 Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved or any use expressly or by implication prohibited by the terms of thts ordinance in said district. Decisions of the I~ard of Adjustment - In exercising the above mentioned powers, the Board of Adjustment may, so long as such action is in con- form ity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement~ decision, or deter- mination as ought to be made and to that end shall have powers of the administrative official from whom the appeal is taken~ The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the admin- istrative official, or to decide in favor of the applicant on any matter upon which it ls required to pass under this ordinance, or to effect any variation in the application of this ordinance° 75° SECTION XlX APPEALS FROM THE BOARD OF ADJUSTMENT Any person or persons, or any board, taxpayer, department, board or bureau of the City aggrleved by any declslon of the Board of Adjustment may seek review by a court of record of such decision, in the manner provlded by the laws of the State. 76~ Thls ordinance shall take effect after its passage and publication as required by law, PASSED, this "~ day of J~,A/,6~'~ y , 19~. ATTEST: CITY SECRETARY 77.