ORDINANCE NO. 05-2014 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEIMAR, TEXAS, CHAPTER 4, AMENDING ARTICLE 4.100, RELATING TO MOBILE HOME PARKS WITHIN THE CITY LIMITS; CHAPTER 14, RELATING TO ZONING WITHIN THE CITY LIMITS; PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR ITS EFFECTIVE DATE TO BE THE DATE OF PUBLICATION AS REQUIRED BY LAW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEIMAR, TEXAS SECTION L. THAT CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF WEIMAR, TEXAS, BE AMENDED BY AMENDING ARTICLE 4.100 TO READ AS FOLLOWS: ARTICLE 4.100 MOBILE HOME PARKS Sec.4.101 Purpose and Scope This section is established to regulate and control the location, design, construction, alteration, and maintenance of mobile home parks, as defined herein, and related utilities and facilities. It is felt that this article is necessary to: (1) Provide for the safety and well-being of the citizens of Weimar and their property. (2) Aid and assist in the development of safe and adequate housing in the City of Weimar. (1987 Code of Ordinances, Chapter 3, Section 2A) See. 4.102 Definitions For the purpose of this article the following words and terms shall have the meanings described to them. Driveway. Means a surfaced area of no more than two hundred feet (200’) in length used for the purpose of reaching a mobile home space on off street parking area, Internal Street. Means a street constructed in the normal way and approved for streets in the City of Weimar, but on the private property of a mobile home park owner. Licensee. Means any person licensed to operate and maintain a mobile home park under the provisions of this article, Page 1 of 42Mobile Home. Means a structure as defined in Sec. 14.504 of this Code of Ordinances. Manufactured Home. Means a structure as defined in Sec. 14.504 of this Code of Ordinances. Manufactured Home ot Manufactured Housing. Means a HUD-code Manufactured Home, a Mobile Home, a Modular Home, or Industrialized Housing. (As amended September 11, 2014) Dependent Mobile Home, Means a mobile home without inside toilets and bath and is prohibited ina mobile home park as defined in this article. Modular Home. Means a structure as defined in Sec. 14,504 of this Code of Ordinances. Travel Trailer. Means a structure having no foundation other than a permanent chassis with wheels, which is twelve (12) body feet or less in width, and is less than forty (40) body feet in length, and is designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities systems contained therein. It should include plumbing, heating, air-conditioning and electrical systems also contained therein. Mobile Home Park. Means any plot of grounds upon which two (2) or more Manufactured Homes or Travel Trailers occupied for dwelling or sleeping purposes for any length of time are located, regardless of whether or not a charge is made for such accommodation Manufactured Home Space. Means a plot of ground within a Mobile Home Park park designed for the accommodation of one (1) Manufactured Home or Travel Trailer. Park, Means a Mobile Home Park Permittee. Means any person to whom a temporary permit is issued to maintain or operate a mobile home/travel trailer park under the provisions of this chapter. Person. Means any natural individual, firm, trust, partnership, association or corporation. Hard Surface Road. Means an asphalt or concrete road, (1987 Code of Ordinances, Chapter 3, Section 2B, as amended September 14, 2014) Sec.4.103 Permits (a) Permit Required. It shall be unlawful for any person to construct, alter or extend any mobile home park within the limits of the City of Weimar, unless he holds a valid permit issued by the City of Weimar in the name of such person for the specific construction, alteration or extension proposed. () Application Procedure. Application for a mobile home park permit shall be filed with the city secretary, and upon approval by the city council, the city secretary shall issue the permit. Page 2 of 42Applications shall be in writing, signed by the applicant, and shall contain the following: (1) Name and address of the applicant. (2) Location and legal description of the mobile home park. (©) Site Plan. To the application shall be attached two (2) copies of a site plan, at a minimum, scale of 1:200 for sites of ten (10) acres, or more, and at a minimum scale of for sites under ten (10) acres. The site plan shall include all data required under Section 4.106 hereof. One (1) print of the site plan is to be circulated by the city secretary to each of the city departments for approval prior to issuing the permit. This site plan does not replace or supersede the subdivision plat of the property, required by State Law to be recorded in the county records of the county in which the property is located, after review and approval of the city council (@)_ Permit Fee. All applications to the city secretary shall be accompanied by a fee of one Dollar ($1.00). (e) Issuance of Permit. When upon review of the application, the city secretary is satisfied that the proposed plan meets the requirements of this section, a permit shall be issued. (0) Denial of Permit; Hearing. Any person whose application for a permit under this article has, been denied, may request a hearing on the matter under the procedure provided in Section 4.105 of this article. (1987 Code of Ordinances, Chapter 3, Section 2C, as amended, September 11, 2014) Sec.4.104 Licenses (a) License Required. It shall be unlawful for any person to operate any mobile home park within the limits of the City of Weimar unless he holds a valid license issued annually by the City of Weimar in the name of such person for the specific park. (b) Application for License. Application for the license shall be in writing signed by the applicant, accompanied by the deposit of the license fee hereinafter provided, and shall contain: (1) The name and address of the applicant. (2) The location and legal description of the mobile home park. (3) A complete plan of the park showing compliance with Section 4.106 of this article. (4) Such further information as may be requested to enable city council to determine if the mobile home park will comply with the legal requirements. (c) Procedures for Approval. The application and all accompanying plans and specifications shall be filed in duplicate, The city manager and city health officer shall investigate the applicant, and inspect the mobile home park site. Each of them then make a report to the city Page 3 of 42council concerning such applicant and include therein their recommendations relative to the issuance of a license. If the mobile home park will be in compliance with all provisions of this article and all other applicable ordinances or statutes, the city council may approve the application, and, in the case of a proposed park, make such approval contingent upon the completing of the park according to the plans and specifications submitted with the application. The city secretary, at the direction of the city council, shall issue the license. No license shall be issued or granted to such mobile home park which contains manufactured homes or travel trailers which fail to meet the standards and requirements of Chapter 1201, Texas Occupations Code. (@) License Fees. The annual license fee for each mobile home park shall be fifteen dollars (815.00) per year, or fraction thereof, for each home and/or park that contains five (5) lots or less, plus three dollars ($3.00) per year for each home over five (5). The fee for the transfer of such license, as provided for this article, shall be ten dollars ($10.00). (©) Revocation of License. The city council may revoke any license issued under this article in case of any provisions hereof are violated. However, before said license may be revoked, the city council must give ten (10) days notice to the holder of said license and hold a hearing thereon. After said license has been revoked, the license may be re-issued if the reasons for said revocation have been duly corrected. Should the city council determine that any mobile home park subject to the provisions of this article contains manufactured homes or travel trailers which have failed to meet the standards as set by the Texas Occupations Code, then said license shall be revoked, (f) Transfer and Duration. Upon application for a transfer of the license, the city council may issue a transfer upon payment of transfer fee. Such original license and transfer thereof, may be granted at any time during the year and shall expire at the end of the fiscal year of the City of Weimar, unless previously revoked or terminated. All licenses are renewable at the start of the fiscal year, October through September, of the City of Weimar. (g) Posting of License. The license certificate shall be conspicuously posted in the office of or on the premises of the mobile home park at all times. (1987 Code of Ordinances, Chapter 3, Section 2D, as amended September 11, 2014) Sec. 4.105 Notices, Hearings and Orders (a) Notice of Violations Requirements of Notice, Whenever it is determined that there has been a violation of any provision of this article, the city secretary shall give notice of such alleged violation to the licensee or agent. Such notice shall (1) bein writing; (2) include a statement of the reasons for its issuance; (3) contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article; Page 4 of 42,(4) allow a reasonable time for the performance of the act it requires; and (5) be served upon the licensee or his agent; provided that such notice or order shall be deemed to have properly served upon such licensee or agent when a copy thereof has been sent by mail to his last known address, or when he has been served with such notice by any method authorized or required by the laws of this State. () Appeal From Denial of Permit by the City Secretary. Any person affected by the refusal of the city secretary to issue a permit under the provisions of this article, may request and shall be granted a hearing on the matter before the city council; provided that such person shall file within fifteen (15) days after the day the permit was refused, in the office of the city secretary, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. Upon receipt of such petition, the city secretary shall request the city council to set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such refusal should be modified or withdrawn (©) Appeal From Notice Issued by the City Secretary. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article applicable to such park by the city secretary may request and shall be granted a hearing on the matter before the city council; provided that such person shall file within fifteen (15) days after the day the notice was served, in the office of the city secretary, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension, except in the case of an order issued under subsection (e) of this section. Upon receipt of such petition, the city secretary shall request the city council to set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. (4) Hearing. After the conclusion of the hearing held under subsections (b) and/or (d) hereof, the city secretary shall issue an order in writing sustaining, modifying or withdrawing the refusal for a permit or notice of violation. This order shall be served as provided in subsection (a) hereof. Upon failure to comply with an order by the city secretary sustaining or modifying the original decision thereof, the license of the park will be revoked or the requested permit denied. (&) Order Without Notice. Whenever the city secretary finds that an emergency exists which requires immediate action to protect the public health or safety, he may without notice or hearing issue an order reciting the existence of such an emergency and requiring that action be taken as he may deem necessary to meet the emergency. Notwithstanding any other provisions of this article, when such an order is directed the licensee or agent shall comply therewith immediately; but upon written petition to the city secretary, shall be afforded a hearing as soon as possible. (1987 Code of Ordinances, Chapter 3, Section 2E, as amended, September 11, 2014) Sec.4.106 Physical Requirements of Mobile Home Parks (a) Site Plan, The site plan shall be filed as required by Section 4.103(c) of this article and Page 5 of 42shall show the following: ) @ @B) (4) (5) ©) Mm (8) 9) The area and dimensions of the tract of land, with identification of location and boundaries; Existing and proposed topography of the mobile home park; The number, location, and size of all manufactured home spaces; ‘The location, width, and specifications of driveways, roadways, and walkways; The location and specifications of water and sewer lines and riser pipes; The location and details of lighting, electrical and gas systems; The location and specifications of all buildings constructed or to be constructed within the park; The location of fire mains, including the size, the hydrants, and any other equipment which may be provided; and Such other information as municipal reviewing officials may reasonably require. (b) Site Requirements. Any mobile home park constructed after the adoption of this article, and any extension or addition to an existing mobile home park in the city, shall be done in compliance with the following site requirements: a) Q) G) (4) The park shall be located on a well drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water. Exposed ground surfaces in all parts of every mobile home park shall be paved, covered with stone screening or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating dust. Manufactured home and/or travel trailer spaces shall be provided, consisting of 4,050.00 square feet for each lot, which shall be at least forty-five feet (45') wide and clearly defined. Manufactured homes or travel trailers shall be so harbored on each lot that there shall be at least a twenty-five foot (25') clearance between manufactured homes or travel trailers; provided, however, that with respect to manufactured homes or travel trailers parked end to end, the end of end clearance between manufactured homes or travel trailers may be less than twenty-five feet (25'), but not less than ten (10). No manufactured home or travel trailer shall be located closer than fifteen feet (15!) from any building within the park or from any property line bounding the park. All manufactured home and/or travel trailer lots shall abut upon a driveway of not less than fifteen feet (15") in width which shall have unobstructed access to an internal private street, public street, or highway. All driveways shall be paved with material Page 6 of 42acceptable to the city, shall be well marked in the daytime, and lighted at night. (5) Each manufactured home and/or travel trailer shall contain provision for off street parking spaces. Each parking space shall be surfaced with all-weather material, and located to eliminate interference with access to park area provided for other ‘manufactured homes and for public parking in the park. (6) Where internal streets are provided for access, traffic circulation and parking, such streets shall be curbed and paved to city specifications, privately owned, built and maintained. Streets shall be designed for safe and convenient access to all spaces and to facilities for common use of the park residents, (7) If the park is constructed with intemal streets having a width of thirty-six feet (36') or greater, off-street parking need not be provided. (8) A six foot (6') high wood fence constructed to city specifications shall be constructed around the entire mobile home park. (9) All facilities and services provided within the park will be in accordance with Section, 4.108 of this article. (1987 Code of Ordinances, Chapter 3, Section 2F, as amended, September 11, 2014) Sec. 4.107 Construction of Additional Facilities It shall be unlawful for any person operating a mobile home park or occupying a manufactured home or travel trailer to construct or permit fo be constructed in such park, or in connection with such manufactured home or travel trailer any additional structure, building or shelter in connection with or attached to a manufactured home or travel trailer, except, however, awnings of canvas or metal, suitably constructed, may be attached to said manufactured homes or travel trailers, as well as portable, prefabricated, temporary rooms, commonly called “cabana,” for the express purpose of increasing manufactured home or travel trailer living area, which meet the following requirements: (1) Capable of being dismantled when moved; (2) Finish and appearance to be as near the same as possible to the manufactured home or travel trailer to which itis accessory; (3) The length may not exceed the length of the manufactured home or travel trailer; (4) Further additional construction in the form of carports or storage facilities be allowed; and (5) All such rooms, carports and/or storage facilities shall be completely dismantled and removed from the site at the time the manufactured home or travel trailer to which it is an accessory is moved. Page 7 of 42(1987 Code of Ordinances, Chapter 3, Section 2G, as amended, September 11, 2014) See. 4.108 Facilities and Services (a) Water Supply and Sanitary Sewer. From and after the effective date of this article, the following shall apply: (1) An accessible, adequate, safe, and potable supply of water for drinking and domestic purposes shall be supplied by approved pipes to all manufactured homes/travel trailer spaces within the mobile home park. Each manufactured home/travel trailer space shall be provided with a cold water tap at least six inches (6") from the ground. Connection shall be made to the public supply of water unless a special exception is granted by the city council to use a private water supply system. If a private supply is utilized for service to the park, the private supply shall be adequate both for domestic requirements and for fire fighting requirements established by the city. (2) An adequate and safe sewerage system shall be provided in all mobile home parks for conveying and disposing of all sewerage. The sewer system for a mobile home park shall be constructed in accordance with the city plumbing code. Each manufactured home space shall be provided with at least a four inch (4") diameter sewer riser pipe. ‘The sewer riser pipe shall be so located on each space that the sewer connection to the manufactured home drain outlet will approximate a vertical position. The sewer connection to the manufactured home from the sewer riser pipe and any other sewer connections shall be in accordance with the requirements of the city plumbing code. All materials used for sewer connections shall be in accordance with the city plumbing code. (3) An electrical service connection of at least 120/240 volt single-phase, 125 amperes entrance capacity shall be provided for each manufactured home/travel trailer space, or any amperes entrance capacity sufficient to supply the manufactured home/travel trailer and the appliances, fixtures, etc., connected therein, but in no case less than 125 amperes entrance capacity will be acceptable. Any electrical connection from the meter to manufactured home/travel trailer shall be by direct burial and shall follow the rules and regulations as contained in the National Electric Code, the edition of which is in use at the time the manufactured homeftravel trailer is connected into the city’s electrical system. Any and all electrical work shall be performed by a licensed and bonded electrician (b)_ Telephone System. Installation of telephone lines to and within the mobile home park will be in accordance with the procedures followed by the general telephone company. Whenever possible all telephone lines in the mobile home park shall be installed underground. (c) Fuel Supply and Storage. From and after the effective date of this article, the following shall apply: (1) Natural Gas System. Page 8 of 42Q) (A) Natural gas piping systems shall be installed underground and maintained in accordance with applicable codes and regulations governing such systems. (B) Each manufactured home space provided with piped gas shall have # cap on the outlet when not in use to prevent accidental discharge of gas, and shall be in accordance with the city plumbing code. Liquefied Petroleum Gas System. (A) Liquefied petroleum gas systems shall be installed only if an available natural gas system is more than one thousand feet (1,000’) from the mobile home park. The liquefied petroleum gas system shall be maintained in accordance with applicable codes of the City of Weimar and regulations of the Texas Railroad Commission pertaining thereto. (B) Bottled gas for cooking purposes shall not be used at individual manufactured home or travel trailer lots unless the containers are properly connected by copper or other suitable metallic tubing, Bottled gas cylinders shall be securely fastened in place. No cylinder containing bottled gas shall be located inside a manufactured home or travel trailer or within five feet (5') of a door. No more than one (1) manufactured home/travel trailer shall be connected to each cylinder. (d) Refuse and Garbage Handling. a) @) GB) (1987 Code of O: See. 4.109 The storage, collection, and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. One or both of the systems described in the following subsections shall be used in every park. Refuse and garbage shall be removed from the park at least twice each week. The system of storage and collection for each park shall be worked out with the city manager. If refuse is gathered at the individual sites, it shall be stored in flytight, watertight, rodent-proof containers, which shall be located at each manufactured home space. Containers for this use shall be of sufficient number and capacity to properly store all refuse until collected. Centrally located refuse containers having a capacity of two (2) or three (3) cubic yards may be provided. If provided, such containers shall be so designed as to prevent spillage, container deterioration, and to facilitate cleaning around them. iinances, Chapter 3, Section 2H, as amended, September 11, 2014) Operating of Mobile Home Park (a) Rules and Regulations for Parks. It shall be the duty of the owner, his agent, representative Page 9 of 42or manager to prescribe rules and regulations for the management of the park; to make adequate provisions for the enforcement of such rules; and to subscribe to any and all subsequent rules and regulations which may be adopted for the management of such park. Copies of all such rules and regulations shall be furnished to the city secretary. In addition thereto, it shall be the duty of the owner, his agent, representative or manager to comply with the following: (1) Provide for regular inspection of the water and sanitary conveniences. (2) Provide a location for the deposit of garbage by each manufactured home residence to be picked up by the city sanitation department. (3) Prohibit the placing or storage of unsightly material or vehicles of any kind. (b) Office. Each mobile home park shall maintain an office (which need not be on the premises, but should be within the city) in which shall be kept copies of all records pertaining to the management and supervision of the park, and such records, rules, and regulations to be available for inspection by law enforcement officers, public health officials, and other officials, whose duties necessitate acquisition of the information contained therein. (©) Occupancy of Dependent Mobile Home or Travel Trailer, No dependent mobile home or travel trailer, as the same is defined in Section 4.102 hereof, shall ever be occupied for residential purposes. (@) Maintenance. Every person owning or operating a mobile home park shall maintain such park, and any facilities, fixtures, and permanent equipment in connection therewith, in a clean and sanitary condition and in a state of good repair. (c) Register and Directory. (1) The licensee or agent shall maintain a register of park occupants which shall contain the following information: (A) Name and address of park residents. (B) Manufactured home registration data, including make, length, width, year of manufacture, and identification number. (C) Location of each manufactured home within the park by space or lot number and street address if applicable. (D)_ Dates of arrival and departure. (2) A new register shall be initiated on January first of each year, and the old register retired; but retained on the premises for at least three (3) years following the retirement, Registers shall be available for inspection at all reasonable times by an official of the City of Weimar whose duties may necessitate access to the information contained therein. Page 10 of 42(1987 Code of Ordinances, Chapter 3, Section 21) (3) The licensee or agent shall furnish to the City of Weimar, within ten (10) days after the first day of January of each year, a list of all manufactured home residents in the park on the first day of January. The list shall contain the owners name and address; the make, length, width, year of manufacture, and identification number of the manufactured home; and the address or location description of said manufactured home within the park. Said lists shall be prepared using the above mentioned register or copies of the register may be submitted. (1987 Code of Ordinances, Chapter 3, Section 21; Ordinance 01-2005 adopted 1/13/05, as amended, September 11, 2014) Sec.4.110 Responsibilities of Manufactured home Occupants (a) The occupant shall comply with all requirements of this article and shall maintain his manufactured home space, its facilities and equipment in good repair and in a clean and sanitary condition. (b) The occupant shall be responsible for proper placement of his manufactured home in its manufactured home stand and proper installation of all utility connections in accordance with the instructions of the park management, (©) Fire resistant skirting with the necessary vents, screens and/or openings shall be required on all manufactured homes and shall be installed within forty-five (45) days after emplacement of the manufactured home. (@) Skirting, porches, awnings, and other additions, when installed, shall be maintained in good repair. The use of space immediately underneath a manufactured home for storage shall be permitted only under the following conditions: (1) The storage area shall have a base of impervious material. (2) Stored items shal] not interfere with the underneath inspection of the manufactured home. (1987 Code of Ordinances, Chapter 3, Section 25, as amended, September 11, 2014) Sec.4.111 Interpretation (a) Nothing in this article shall be interpreted in such manner as to impose an illegal restriction on land use, To the extent of a conflict between this Chapter and Chapter 14, the terms of Chapter 14 shall prevail. (b) This article shall not apply to manufactured homes or travel trailers which were already located upon property outside licensed mobile home/travel trailer parks, and were being occupied for residential purposes on or before January 31, 1983. Persons occupying such manufactured homes and/or travel trailers prior to January 31, 1983, shall have the right to Page 11 of 42continue such occupancy, provided the manufactured home and/or travel trailer is not a dependent mobile home and/or travel trailer as defined in this article, and provided further that such persons comply with sewage, water, and electrical requirements of this article. All other existing manufactured homes are subject to the terms of Chapter 14 of this Code. (©) The grandfather clause contained in subsection (b) of this section shall not apply to plots of and with more than one (1) manufactured home parked upon them; provided, however, a license may be approved for any mobile home park which was in operation at time of passage of this section if the city council determines that said park adequately provides for the health and safety of the residents thereof, as well as that of the other residents of the city. (1987 Code of Ordinances, Chapter 3, Section 2K, as amended, September 11, 2014) * State Law reference—Sanitation and health standards, V.T.C.A., Health & Safety Code, Ch. 341; Texas Occupations Code, Chapter 1201. SECTION IL. THAT CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF WEIMAR, TEXAS, BE AMENDED TO READ AS FOLLOWS: ARTICLE 14.100 ZONING See. 14.101 Adoption of Legislative Grant of Power Chapter 211, Texas Local Government Code, and any amendments thereto are hereby adopted, and the provisions of this chapter are adopted in exercise of the power granted to municipalities by such statute as well as all other powers granted to cities through appropriate provisions of the laws and constitution of the State of Texas. (1987 Code of Ordinances, Chapter 11, Section 1, as amended September 11, 2014) Sec. 14.102 Purpose and Scope This chapter is established to promote the health, safety and general welfare of the community through the regulation of buildings and other structures; the density of population, and the location and use of buildings, structures, and land for trade, industry, residence or other purposes. This chapter shall be effective inside the city limits of Weimar, Texas. (1987 Code of Ordinances, Chapter 11, Section 2) ARTICLE 14.200 PLANNING AND ZO) Sec. 14.201 Planning and Zoning Commission Created Page 12 of 42(a) A planning and zoning commission is hereby created for and in the City of Weimar, Texas. (6) The planning and zoning commission shall consist of five (5) members to be duly appointed by the mayor, with the advice and consent of the city council. The members of the planning and zoning commission shall be resident citizens, taxpayers, and qualified voters of the city and shall be selected for their outstanding and unselfish interest in civic affairs. Members shall hold no elective city office. (c) Members of the planning and zoning commission shall serve for a term of three (3) years, or until their successors are appointed and qualified. Three (3) of the five (5) members shall be appointed in even-numbered years and two (2) in odd-numbered years. As soon as practicable afler passage of this chapter, the mayor, with the advice and consent of the city council manifested by a three-fourths (3/4) majority in approval, shall appoint five (5) persons who shall serve on the commission. The terms of three (3) of the five (5) members shall be until the next even-numbered year and the terms of the other two (2)-members shall be until the next odd- numbered year. (@) Vacancies on the planning and zoning commission shall be filled by appointment by the ‘mayor in the manner prescribed above for the unexpired term. (©) Any or all members of the planning and zoning commission, may be removed at any time by majority vote of the city council (1987 Code of Ordinances, Chapter 11, Section 3A) Sec. 14.202 Duties of Planning and Zoning Commission (8) All members of the planning and zoning commission shall serve without pay. The planning and zoning commission shall make no expenditures until they shall have been submitted to and approved by the city council, which shall provide the funds, equipment and accommodations necessary for the commission's work. (6) The planning and zoning commission shall adopt rules for practical and efficient transactions, findings and determinations, which rules shall be a public record. The commission shall elect a chairman, vice-chairman, and such other officers as it may deem necessary, each to hold office for a period of one (1) year. (c) All meetings of the commission shall be open to the public. The commission shall keep minutes of their proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the zoning administrator and shall be a public record (4) The Planning and zoning commission shall hold at least one (1) meeting each quarter and additional meetings from time to time upon call of the chairman, Should a member of the commission fail to attend two (2) consecutive regular meetings, such member shall be automatically dropped from the commission, and a vacancy thereon declared. Page 13 of 42(©) The planning and zoning commission may recommend to the city council the appointment of such employees as it may deem necessary for its work; and such contracts with city planners, engineers, architects, and other consultants, for such services as it may require, () The Planning and zoning commission shall make to the city council an annual report, giving a statement of its work during the preceding year. In such annual report, it shall also make it recommendations as to future projects to be undertaken, and from time to time it shall also make like recommendations for public improvements which, in its judgment, should be undertaken. (1987 Code of Ordinances, Chapter 11, Section 3B) ARTICLE 14,300 CITY OF WEIMAR COMPREHENSIVE PLAN Sec. 14.301 Master Plan Authorized (a) The planning and zoning commission shall make, or cause to be made, and recommend to the city council for adoption, a master plan for the physical development of the city including any area outside of its boundaries which may relate to the comprehensive planning of the city. Such plans, with the accompanying maps, plats, charts, and descriptive matter, shall show the commission's recommendations for the development of said territory, including among other things, the general location, character, and extent of streets, alleys, ways, viaducts, bridges, railroads, terminals, parks, parkways, playgrounds, aviation fields, athletic fields, school grounds, fire station site, or any other public grounds or public improvements, and the removal, relocation, widening, or extension of such public works then existing. (b)__As the work on formulation of the master plan progresses, the commission may from time to time adopt and publish a part or parts thereof. The commission may from time to time amend, extend, or add to the master plan. (1987 Code of Ordinances, Chapter 11, Section 4A) Sec. 14.302 Implementation of Master Plan (a) _In the preparation of the master plan, the planning and zoning commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the city, and with due regard to its relations to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the city and its environs, which will, in accordance with present and future needs, best promote health, safety, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development. The plan shall include, among other things, adequate provision for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditures of public funds, and adequate provision of public utilities and other public requirements. Page 14 of 42(b) When the city council shall have adopted a master plan recommended by the planning and zoning commission, no public streets, buildings, alleys, viaducts, bridges, railroads, terminals, parks, parkways, playgrounds, aviation fields, athletic fields, school grounds, fire station sites, or any other public grounds or public improvements, or parts thereof, shall be constructed until and unless the location shall be recommended by the planning and zoning commission, and approved by the city council (©) In case of its disapproval, the planning and zoning commission shall communicate its reason for disapproval to the city council and thereupon by majority vote, it may overrule such, disapproval. (d) The widening, narrowing, ornamentation, vacation, or change in the use of street and other public ways, public grounds, or other public improvements appearing on the adopted plan shall be subject to similar recommendations by the planning and zoning commission, and approved by the city council, and upon disapproval by the commission may be similarly overruled. (©) The planning and zoning commission may make recommendations to any public authority, or any corporations, or individuals in the city or in the territory contiguous thereto, concerning the relocation of any buildings, structures, or works to be erected or constructed by them. (1987 Code of Ordinances, Chapter 11, Section 4B) ARTICLE 14.400 APPROVAL OF SUBDIVISION, SEWER, AND WATER IMPROVEMENTS, All plans, plats, or replats of land laid out into streets, alleys, or other portions of the same, intended to be dedicated or adjoining and located within the city shall be submitted to the planning and zoning commission for recommendations before any connection shall be permitted with any public utility, such as water or sewer, owned and operated by the city. In the case of its, unfavorable recommendation, the planning and zoning commission shall communicate its reason for disapproval, to the city council and thereupon, by majority vote, the Council may overrule such disapproval. No sewer or water improvements shall be voted on or made, nor shall any public money be expended within any lands laid out in building lots, streets, or alleys, until the plan; plat, or replat of such lands shall have been recommended by the planning and zoning commission, and approved by the city council. (1987 Code of Ordinances, Chapter 11, Section 5) ARTICLE 14.500 COMPREHENSIVE ZONING REGULATIONS Sec. 14.501 Establishment of the Districts (a) The several districts into which the city is divided are hereby designated and described as follows: (1) A/O AgriculturaOpen Space. Page 15 of 42Q) GB) @) (6) (6) (A) Single-family Residential (B) Farms (©) Parks Rel Residential. (A) Single-family detached dwellings R.2 Residential. (A) Duplexes (B) Triplexes (C) Small neighborhood retail commercial (D) Single-family residential (E) Townhouses C-1 Commercial. (A). General retail without manufacturing C2. Commercial (A) General retail with and without light manufacturing (B) Apartments (C) Hotels and motels (D) Light industry M-1 Manufacturing/Industrial. (A) Large manufacturing concerns (B) Heavy industry (C) Warchouses and storage complexes (1987 Code of Ordinances, Chapter 11, Section 6A) Sec. 14.502 Official Zoning Map (a) The city is hereby divided into the above zones, or districts, as shown on the City of Weimar official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this article. 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. (b) If, in accordance with the provisions of this article and Chapter 211, Texas Local Government Code, as amended, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map, Page 16 of 42promptly after the amendment has been approved by the legislative body, with an entry on the official zoning map signed by the mayor and attested by the city secretary. No amendment to this article which involves matter portrayed on the official zoning map shall become effective until afier such change and entry has been made on said map. (©) No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this article. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this article and punishable as provided for hereafter. (a) Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the office of the city secretary, shall be the final authority as to the current zoning status of the land and water areas, buildings, and other structures in the city. (1987 Code of Ordinances, Chapter 11, Section 6B) Sec. 14.503 Replacement of Official Zoning Map In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature and/or number of changes and additions, the city council may, by resolution, adopt a new official zoning map, which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the city secretary, and bearing the seal of the city. Unless the prior official zoning map has been lost or has been totally destroyed, the prior ‘map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment. (1987 Code of Ordinances, Chapter 11, Section 6C) Sec. 14.504 Definitions For the purpose of this article, certain terms and words are hereafter defined words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; and the word “shall” is mandatory and the word “may” implies an option. Accessory Use, Accessory Structure or Building. Means an accessory use or structure, customarily a part thereof, which is clearly incidental and secondary to the permitted use and which does not change the character thereof, including, but not limited to garages, garage apartments, bathhouses, greenhouses, tool sheds. Alley. Means a public or private way not more than twenty-five feet (25) wide affording only secondary means of access to abutting property. Antique Shop. Means a business which sells items whose value is greater than original purchase price because of age or intrinsic values. Page 17 of 42Apartment, Means a room or group of rooms used as a dwelling for one (1) family unit which does its cooking therein, Apartment Building, Means a building or portion thereof used or intended to be used as the home of four (4) or more families or households living independently of each other and equipped for the preparation of food. Apartment Dwelling Group. Means two (2) or more apartment buildings as an integral unit and occupying a lot or parcel of land in one (1) ownership connected by common water and sanitary sewer systems, Art Studio or Gallery. Shall mean where objects of art are created or displayed for the public enrichment or where said objects of art are displayed for purposes of sale (including the teaching of both painting and sculpturing).. Automotive Repair Shop. Means any premises and structures when used primarily for the servicing and/or repair of motor vehicles, including paint and body work, engine rebuilding and inor maintenance activities. Boarding House. Means a building, built and/or used for residential purposes, where meals for five (5) or more persons are served for compensation. Buildable Area, Means the maximum amount of allowable space upon which a structure or building may be erceted. (Building area of the lot is the gross area covered by the structures when placed on the lot.) Building. Means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or moveable property of any kind and which is affixed to the land. Building Principal. Is one in which a main use of the lot on which it is located is conducted. Carport, Means a structure covered with 2 roof and constructed specifically for the storage of one (1) or more automobiles. Cafe, Restaurant. Means a commercial eating establishment, where snacks or meals are vended for consumption on the premises. City. Means the City of Weimar, Texas. Clinic, Means an institution, public or private, or a station for the examination and treatment of outpatients by a group of doctors, dentists, opticians, ophthalmologists, orthopedists, or other similar professional physicians. Cold Storage Plant, Means a commercial establishment where foods are stored either in lockers, rented or leased, or in vaults in bulk for distribution to the home or other commercial businesses. There is no slaughtering of animals on the premises. Page 18 of 42Commercial Structure. Means a building or portion devoted to commerce, business trade, or having to do with stores, office buildings, etc. Commission. Means the City of Weimar Planning and Zoning Commission. Conditional Use. Means a use which may be permitted in a district subject to meeting certain conditions or procedures set forth in this article, ‘onvalescent Home. Means any structure used or occupied by three (3) or more persons recovering from illness or receiving geriatric care for compensation. Corner Lot. Means a lot abutting upon two (2) or more streets at their intersection. Day Care Center and Day Nursery. Means a place for the care of children between the hours of 7:00 a.m. and 12:00 midnight. Drive-In Eating Establishment. Means any structure and premises specifically designed for the preparation and dispensing of food and meals for consumption either indoors or in a vehicle parked on the premises or taken away for consumption in the home or other places. Dwelling. Means any building or portion thereof which is designed or used exclusively for residential purposes. Dwellings Multiple or Multi-Family. Means a building or portion thereof designed for or used by two (2) or more families or housekeeping units. amily, Means one (1) or more non-transient person(s) living as a single, non-profit housekeeping unit, as distinguished from a group occupying a club, boarding, lodging or rooming house, or a fraternity, sorority or group student house. Filling, Retail Service Station. Means an establishment where gasoline, oil and grease, or automobile accessories are sold, supplied, or dispensed to the motor vehicle trade or where motor vehicles receive limited repair, are equipped for service, or a place where any two (2) or more such activities are carried on or conducted as the principal use of the establishment. Garage, Private Detached. Means a garage wholly separated and independent of the principal building on a lot, or connected to the principal building by an enclosed or latticed passageway, pagoda, arbor, or covered walk. Garage, Commercial. Means any premises and structure used for housing and storing more than three (3) motor-driven vehicles are kept for remuneration, hire, or sale and where a retail service station may be maintained as @ secondary use. Home Occupation. Means a commercial use customarily carried on in the home by members of the occupant family without structural alterations in the principal building or any of its rooms, without the installations of machinery or additional equipment other than that customary to Page 19 of 42normal houschold operations, without the employment of additional persons, without the use of a sign to advertise the occupations, and which does not cause the generation of other than normal noise, and pedestrian and vehicular traffic. Hospital, Sanitarium Nursing, or Convalescent Home. Means a building or any portion thereof, used or designed for the housing or treatment of the sick, mentally ill, injured, convalescent or infirm persons; provided that this definition shall not include rooms in any residential dwelling, hotel, apartment hotel not ordinarily intended to be occupied by said persons. HUD-code Manufactured Home, Means: (A) a structure: (i) constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development; (ii) built on a permanent chassis, (ii) designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; (iv) transportable in one or more sections; and (v) in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; (B) includes the plumbing, heating, air conditioning, and electrical systems of the home; and (C) does not include a recreational vehicle as defined by 24 C.F.R. Section 3282.8(g). Industrialized Building. Means a commercial structure that is constructed in one (1) or more modules or constructed using one (1) or more modular components built at a location other than the permanent commercial site, and that is designed to be used as a commercial building when the modules or modular components are transported to the permanent commercial site and are erected or installed on a permanent foundation system. This term does not include any commercial structure that is in excess of three (3) stories or forty-nine (49) feet in height as ‘measured from the finished grade elevation at the building entrance to the peak of the roof Industrialized Housing. Means a residential structure that is designed for the use and occupancy of one (1) or more families, that is constructed in one (1) or more modules or constructed using, one (1) or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. This term does not include any residential structure that is in excess of three (3) stories or forty-nine (49) feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof. This term does not mean nor apply to (1) housing constructed of sectional or panelized systems not utilizing modular components; or (2) any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location Kindergarten. Means a school for more than five (5) children of preschool age in which constructive endeavors, object lessons, or educational games are prominent features of the curriculum, Page 20 of 42Legislative Body. Means the City of Weimar City Council. Manufactured Home or Manufactured Housing. Means a HUD-code Manufactured Home, a Mobile Home, a Modular Home, or Industrialized Housing. Mobile Home.Means: (A) means a structure: (i) constructed before June 15, 1976; (ii) built on a permanent chas (iii) designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; (iv) transportable in one or more sections; and (v) in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; and (B) includes the plumbing, heating, air conditioning, and electrical systems of the home. Modular Home. Means a single-family dwelling unit characterized by all of the following: (J) Transported to the site, in parts (components) or in whole, but not intended to be relocated to other sites. (2) The construction standards consistent with local codes. (3) A permanent foundation, either integral with the unit or its components, or constructed on the site prior to unit installation. (4) Location determined by normal code requirements applicable to units of standard residential construction, Motel. Means a building or group of two (2) or more detached, semi-detached, or attached buildings containing guest rooms or apartments with automobiles storage spaces provided in connection therewith, which building or group is designed, intended, or used primarily for the accommodation of automobile travelers, including groups designated as auto cabins, motor courts, motels, and similar designations. Officer. Referred to in this article by title means the person employed or appointed by the city of that position, or his duly authorized representative. Pasturage. Means land, fallow, and used primarily for the grazing of animal stock. Page 21 of 42Permitted Use. Means a use specifically allowed in one (1) or more of the various districts without the necessity of obtaining a use permit. Personal Service Shop. Means an establishment for the purpose of supplying limited personal services such as, but not limited to, barber, shoe, boot, saddle, shine shop. Planning Consultant, Means a private practitioner in planning as planning is defined in the constitution of the American Institute of Planners. Residential Structure. Means a building or portion thereof devoted to living quarters of a permanent nature or suitable for long term residency. Retail Food Store, Means a retail establishment selling meats, fruits, vegetables, bakery produets, light hardware, and other similar items which are purchased for use and consumption off the premises (may be drive-in or supermarket type). Rooming House. Means a group of rooms provided for compensation either in a converted single-family home or in a structure specifically designed for such purpose. No cooking facilities are provided in individual living units Rooming and Boarding House. Means where both rooms and meals are provided for compensation for more than four (4) persons. Shopping Center, Means a composite arrangement of shops and stores which provides a variety of goods and services to the general public, when developed as an integral unit. Structure, Means anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, Townhouse or Rowhouse. Means one of a group of no less than four (4) attached dwelling units for each located on a separate lot. Variety Store. Means a retail commercial establishment which supplies a variety of household ‘goods, toys, limited light hardware items, candy, some clothing, and other general merchandise. Variance, Means a legal modification of the district provisions (such as yards, height, walls, fences, area, etc.) granted due to the peculiar conditions existing within a single piece of property. (1987 Code of Ordinances, Chapter 11, Section 6D) See. 14.505 Rules for Interpretation of District Boundaries Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply: (1) Boundaries indicated as approximately following the center lines of streets, highways, Page 22 of 42or alleys shall be construed to follow such center lines. (2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. (3) Boundaries indicated as approximately following city limits shall be construed as following such city limits. (4) Boundaries indicated as following railroad lines shall be construed to be midway between the rails of the main tracks. (5) Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (4) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map. (6) Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (1) through (5) above, the board shall interpret the district boundaries, (7) Where a district boundary line divides a lot which was in a single ownership at the time of passage of this article, the commission may permit, as special exception, the extension of the regulations for either portion of the lot not to exceed fifty feet (50') beyond the district one into the remaining portion of the lot. (1987 Code of Ordinances, Chapter 11, Section 6E) Sec. 14.506 Application of District Regulations (2) Uniformity. The regulations set by this article within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided: (1) No building, structure, or land shall hereafter be used or, occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located. (2) No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building or use for the purpose of complying with this article, shall be, included as part of a yard, open space, or off-street parking or loading space similarly required for any other building or use. (bo) Newly Annexed Territory. Any territory hereafter annexed to the city shall be classified for A-O (Agriculture-Open Space) only, unless otherwise determined by the planning commission and city council at the time of extension. The procedure for establishing initial zoning other than A-O and subsequent zoning on annexed territory shall conform to the procedure established law for the adoption of normal zoning classifications and regulations. Subsequent to annexation the Page 23 of 42new territory may be rezoned by the city council for a land use consistent with the comprehensive plan and on the recommendation of the planning commission. In an area classified A-O no person shall erect, excavate, construct or proceed or continue with the erection or construction of any building or structure or add to, enlarge, move, improve, alter, repair, convert, or extend or demolish any building or structure or cause the same to be done in any newly annexed territory to the city without first applying for and obtaining a building permit therefor from the building official as may be required in applicable city ordinances. (1987 Code of Ordinances, Chapter 11, Section 6F) Sec. 14.507 Nonconforming Uses Except as hereinafier specified, any use, building, or structure existing at the time of the enactment of this article may be continued, even though such use, building, or structure may not conform with the provisions of this article for the district in which it is located. The right to continue such nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and regulations reasonably protecting adjacent property. (1) Conditional Uses. Any use existing on June 8, 1984 which is listed as a conditional use in the district where it is located shall be and shall remain a nonconforming use until a conditional use permit is obtained as provided in this article. (2) Alteration of Nonconforming Uses. No existing building or premises devoted to a use that is not permitted by this article in the district in which such building or premises is located shall be enlarged, except when required to do so by law or order, unless the use thereof is changed to a use that is permitted in the district in which such building or premises is located, and not without the prior and express authority of the commission. (3) Cessation_of Use of Building or Land. For the purposes of the succeeding subsections, a use shall be deemed to have ceased when it has been discontinued for six (6) months whether with the intent to abandon said use or not, (A) No building or structure whether or not originally designed for a nonconforming use, where such use has ceased for six (6) months or more. (B) The use of land (without building) which does not conform to the provisions of this article shall be discontinued within six (6) months from the enactment of this article. The nonconforming use of land which becomes nonconforming by reason of subsequent amendments to this article shall be discontinued within six (6) months from the date of such amendment. (4) Construction Approved Prior to Adoption of this Article. Nothing herein shall be construed to require any change in the overall plans, construction, or designated use of any development, structure, or part thereof, section, or any amendment thereto where construction thereof, conforming with such plans, shall have been started prior to the effective date of this article or any amendment, and where such construction Page 24 of 42(5) (6) om (8) (9) shall have been completed in a normal manner within the subsequent six (6) month, period, with no interruption, except for reasons beyond the builder’s control. Unsafe Buildings: Repair of. Nothing in this article shall be construed to prohibit the strengthening or repair of any part of any building or structure declared unsafe by proper authority, Nonconforming Signs. All nonconforming signs, billboards, or commercial advertising structures may be continued for a period of one (1) year from the adoption of this article, unless shorter periods provided for in other portions of this code. Damage or Destruction. Any nonconforming structure which is damaged more than eighty percent (80%) of its then appraised tax value by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, shall not be restored or reconstructed and used as it was before such happening. If such structure is damaged less than eighty percent (80%) of its then appraised tax value, it may be restored, reconstructed, or used as before, provided that such restoration or reconstruction is completed within eighteen (18) months of the damaging event. Repairs _and Maintenance. A nonconforming structure may be repaired and maintained as necessary to keep it in sound condition, but no structural alterations shall be made unless required by law or ordinance or unless authorized by the board. Except as otherwise provided in this article, the total structural repairs and alterations that may be made to a nonconforming structure, exceed fifty percent (50%) of its appraised values for tax purposes at such time. Moving of Nonconforming Structure or Building. No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, or on any other lot, unless every portion of such building or structure is made to conform to all the regulations of the district. (1987 Code of Ordinances, Chapter 11, Section 6G) Sec. 14.508 Schedule of District Regulations Adopted (@) Agriculture-Open Space District (A/O). a Q) 3) Purpose. This district includes lands within the corporate limits of the city which are not subdivided and relatively undeveloped. It may also include those areas mentioned in Section 14.507(3). This district is designed to promote orderly, timely, economical growth and to recognize current conditions. It is a reserved area in which the future growth of the ci Permitted Uses. Refer to Article 14,600 at the end of this chapter. Conditional Uses Permitted. Refer to Article 14.600 at the end of this chapter, Page 25 of 42() © (d) (e) (2) Permitted Us Residential 1 District (R-1). (1) Purpose. This district includes lands within the city limits subdivided for single- family residential purposes and associated uses. The district is designed to provide sufficient, suitable, residential neighborhoods, protected from incompatible uses, provided with necessary facilities and services. Refer to Article 14.600 at the end of this chapter. (3) Conditional Uses Permitted. Refer to Article 14.600 at the end of this chapter. (4) Parking Requirements. Refer to Article 14.8006). (5) Sign Regulations. Refer to Article 14.800(7). Residential 2 District (R-2 (1) Purpose. This district includes lands within the city limits subdivided for single and multiple-family dwelling purposes and associated uses. It may be utilized as a transitional zone between low to moderate density residential and commercial uses. (2) Permitted Uses. Refer to Article 14.600 at the end of this chapter. (3) Conditional Uses Permitted. Refer to Article 14.600 at the end of this chapter. (4) Parking Requirements. Refer to Article 14.800(6), (5) Sign Regulations. Refer to Article 14.800(7). Manufactured Home Residential (R-3). (1) Purpose. This district includes lands within the city limits subdivided for placement of manufactured homes and lands within the city limits developed as manufactured home parks. All manufactured homes must be placed within a manufacture home subdivision or within a manufactured home park. Those manufactured homes that have been placed on lots in the City prior to adoption of this ordinance are exempt from this zoning restriction for so long as they are occupied. (2) Permitted Uses. Refer to Article 14,600 at the end of this chapter. (3) Conditional Uses Permitted. Refer to Article 14,600 at the end of this chapter. (4) Parking Requirements. Refer to Article 14.800(6).. (5) Sign Regulations. Refer to Article 14.800(7). Commercial Distriet (C-1) Page 26 of 42a @ GB) @ @) Purpose. This district is composed of uses constituting retail goods and consumer services to residents of the urban and trade areas of the city, as well as to visitors. The district also provides space for financial, administrative, and business services compatible with the function of the focal point of community activity and its intensive development. Permitted Uses. Refer to Article 14,600 at the end of this chapter Conditional Uses Permitted. Refer to Article 14.600 at the end of this chapter. Parking Requirements. Refer to Article 14.800(6). ‘Sign Regulations. Refer to Article 14.800(7), () Commereial District (C-2). a) 2) G) @) ©) Purpose. This district provides space for commercial activities which because of the nature of such activity is not completely compatible with the purpose and activities of District C-1. Such activities would include light manufacturing, light industry, hotels, motels, and large apartment complexes. Penmitted Uses. Refer to Article 14.600 at the end of this chapter. Conditional Uses Permitted. Refer to Article 14.600 at the end of this chapter. Parking Requirements. Refer to Article 14.800(6). Sign Regulations. Refer to Article 14.800(7) (g) Industrial District (M-1), a) Q) @) (4) (5) Purpose. This district includes industrial activities and provides an environment exclusively for, and conducive to, the development and protection of such activities. Permitted Uses. Refer to Article 14.600 at the end of this chapter. Conditional Uses. Refer to Article 14.600 at the end of this chapter. Parking Requirements. Refer to Article 14.800(6). Sign Regulations, Refer to Article 14.800(7). (h) Conditional Uses (All Districts). The following uses may be permitted in any district when they meet special regulations and conditions prescribed by the commission through the issuance of a use permit, Detailed examination of proposed location and use characteristics is necessary to maximize compatibility. Page 27 of 42(1) Church; (2) Community buildings - meetings, recreational; (3) Telephone exchange; (4) Temporary signs; (8) Public library; (6) Municipal service facilities and buildings; (7) Parks, playfields, and playgrounds; (8) Public swimming pool; (9) School, public or denominational; (10) Temporary structures (construction, real estate, ete); (11) Used structures (buildings moved from another location). (i Existing Use (All Districts) regarding Manufactured Homes. Notwithstanding any other provision of this Code: (a) An the event that a manufactured home occupies a lot in a municipality on September 11, 2014, the owner of the manufactured home is granted a single replacement opportunity, in which the existing manufactured home is removed from its location and another manufactured home placed on the same property, provided that the replacement is a newer manufactured home and is at least as large in living space as the prior manufactured home; and (b) An owner's ability to replace a manufactured home as a result of a fire or natural disaster is restricted. Other than in the case of a fire or natural disaster, the ability of the owner to replace his manufactured home is expressly limited to a single replacement. ARTICLE 14,600 USES BY USE DISTRICTS Sec. 14.601 A-O Agricultural/Open Space Distriet @ (b) Permitted Uses. (1) Country club (public or private). (2) Crop reproduction. @) Fam, (4) Garden (including greenhouse for commercial purposes). (5) Golf course, (6) Pasture. (7) Rodeo grounds and pens. (8) Riding academy (private). (9) Single-family dwelling, Conditional Uses. (1) Aircraft sales, service, rental, repair. Page 28 of 42(2) Airports, landing strips, terminal facilities. (3) Automobile rental. (4) Barn, stable for keeping public or private animal stock. (5) Broadcast towers for radio, TV or microwave. (6) Commercial amusements. (7) Poultry production (no processing or sales on premises). (8) Sand and gravel extraction. Sec, 14.602 R-l Residential Distriet (@) Permitted Uses. (1) Single-family dwellings. (2) Home occupations. (3) Manufactured Homes are not permitted within R-1 Residential Districts. (b) Conditional Uses. (1) Athletic fields. (2) Swimming pool (private). Sec. 14.603 R-2 Residential Distriet (a) Permitted Uses. (1) Single-family dwellings (one dwelling per lot). (2) Duplex dwelling units (two family). (3) Triplex dwelling (three family). (4) Home occupations, (5) Manufactured Homes are not permitted within R-1 Residential Districts. (b) Conditional Uses. (1) Athletic fields. (2) Swimming pool (private). Sec. 14.6035 _R-3 Manufactured Home Residential District (a) Permitted Uses, Page 29 of 42a) ) @) @) (6) Single-family dwellings (one dwelling per lot), Duplex dwelling units (two family). Triplex dwelling (three family) Home occupations. Manufactured Home Park (6) Conditional Uses. a) 2) Athletic fields. ‘Swimming pool (private). Sec. 14.604 C-1 Commercial District (a) Uses Permitted in R-2, Plus: a) 2 QB) (4) () (6) qa ®) (9) (10) ap (12) 13) (4) as) (16) (a7) (18) (19) (20) (21) (22) 23) (b) Conditional Use: Administrative and professional offices. Art studio, Barber shop, beauty parlor. Book store (retail, wholesale sales). Cafe, restaurant. Cafeteria, Cleaner, pickup station, Clinic (public and private), Domestic houschold equipment rental, storage. Drug store and/or pharmacy. Florist. Government offices (state, county and local). Indoor theatres and motion picture houses. Men, women, children’s wearing apparel shop. Music and/or dance schools or studios. Photographic studio and/or photo processing laboratory. Real estate office. Retail drug and specialty shop. Retail food (drive-in or supermarket) Relail furniture and appliances. Shoe shop. Variety store, Uses similar to above when approved by commission. R-2, Plus: Page 30 of 42(1) Drive-in eating establishment. Sec. 14.605 C-2 General Commercial District (a) (>) Uses Permitted in C-1, Plus; (1) Automobile repair garage (when fally enclosed). (2) Automobile sales, new or used, building, lot and garage (3) Bowling alley. (4) Cold storage plant. (5) Domestic houschold equipment rental, storage. (6) Farm implement sales (new or used, storage, repair), (7) Gas and electric public utility regulator stations. (8) Garden (including greenhouse for commercial purposes). (9) General hardware sales. (10) Government offices (federal, state, county or local). (11) Household appliance repair. (12) Lumber and building materials (sales and/or storage). (13) Mobile home sales, storage. (14) Monument sales. (15) Printing and reproduction processing shop. (16) Private lodges (fraternal orders). (17) Radio, TV repair. (18) Radio, TV station or studio (no towers). (19) Sign shop. (20) Tire shop (no vulcanizing or retreading). (21) Trailer and/or accessory equipment sales, rental or storage. (22) Uses similar to above when approved by commission, Conditional Uses in R-2, Plus: (1) Antique shop. (2) Arena-coliseum. (3) Automobile car wash. (4) Automobile rental, (5) Automobile repair garage (when not fully enclosed). (6) Boarding kennel (public). (7) Carting, crating, express hauling or storage. (8) Cleaner, dry and pressing plant laundry and/or liner supply. (9) Commercial recreation. (10) Daycare center. (11) Drive-in eating establishment. (12) Food products processing plant (less than five employees). (13) Heavy equipment repair or rental. (14) Hospital, general (public or private). (15) Instrumentation and testing laboratory. (16) Kindergarten. Page 31 of 42(17) Nursery (commercial greenhouse). (18) Retail service station. (19) Storage yards for contractor's material (corp. yard). (20) Used furniture, appliance stores (sales or service). (21) Wholesale sales (general) enclosed within building. Sec. 14.606 M-1 Industrial District (@) All Uses Permitted in C-2, (With the Exception of Dwelling Units), Plus: (1) Boarding kennel. (2) General merchandise warehouse. (3) Heavy equipment sales and storage. (4) Instrumentation and testing laboratories. (5) Precision machine shop. (6) Sheet metal fabrication shop. (7) Welding shop. (>) All Conditional Uses Permitted in C-2 (With The Exception of Dwelling Units, Dayeare Centers, and Kindergartens), Plus: (1) Athletic field. (2) Automobile wrecking (sales and storage). (3) Batching plant (conerete). (4) Broadcast towers (radio, TV, microwave). (5) Pood products processing plant. (6) Grain processing and storage (7) Motor freight terminal and/or warehouse. (8) Salvage yard. (9) Sand and gravel pit. (10) Storage tanks (for petroleum and explosive products). (11) Tire shop (vulcanizing and retreading). (12) Slaughterhouses. (1987 Code of Ordinances, Chapter 11, Section 6H, Table A) ARTICLE 14.700 DISTRICT REQUIREMENTS Dist. Minimum Lot Minimum Lot Minimum Lot Area (Gross) Width Depth AO Acre 200" 220° Rl (1) 6000 SF (a) 50" 120° (2) 7200 SF (2) 60" 120" Page 32 of 42cr C2 M-l a) Q) @) (3) 6000 SF 50" 120° 6000 SF 60" 100" 3000 SF 25° 120° 5000 SF = = Interior Lot Comer Lot For townhouse or rowhouse development, the required lot area shall be negotiated with the city planning commission. (1987 Code of Ordinances, Chapter 11, Section 6H, Table B) ARTICLE 14.800 SUPPLEMENTARY DISTRICT REGULATIONS ‘The following supplementary district regulations are hereby adopted and shall apply in all cases where specified by this article: ay 2) 4) (5) Visibility at Intersections in Residential District. On a comer lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vehicle driver's vision at intersections. Fences, Walls, and Hedges. Notwithstanding other provisions of this article, fences, walls, and hedges maybe permitted in any yard, or along the edge of any yard, provided that such fences, walls, or hedges, along lot lines at street intersections do not impair visibility at the intersection within an area defined by lines of joining points located fifteen feet (15') back from the intersection of all curb lines extended. Erection of More Than One Principal Structure on a Lot. In any district more than one (J) structure housing a permitted (or permissible) principal use may be erected on a single lot but such structure shall be constructed as though each were on individual lots. Structures to Have Access. Every building hereafter erected, placed or moved shall be on a lot with direct access on a public street, or with access to a municipality approved private street. All structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required on-site parking. Special Requirements for Mobile Homes. All mobile homes as defined in Section 14.504 shall require, prior to occupancy, skirts and tie downs which meet with the requirements of the mobile home regulations of the city. Page 33 of 42