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O-69-003 Zoning Districts
AN ORDINANCE ESTABLISHING ZONING REGULATIONS AND DIS— TRICTS IN ACCORDANCE WITH A, COMPREHENSIVE PLAN; AND REGULATING AND DISTRICTING THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE. PERCENTAGE OF LOT THAT MAY BE OCCUPIED, THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES, THE DENSITY OF POPULATION, THE LOCATION AND `USEOF BUILDINGS, STRUC— TURES AND LAND FOR TRADE, 'INDUSTRY, RESIDENCES AND OTHER PURPOSES; AND DIVIDING THE CITY OF ROUND ROCK INTO DISTRICTS OR ZONES; AND REGULATING AND DISTRICTING THE ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR AND:USE OF BUILDINGS, STRUCTURES OR LAND WITHIN SUCH DISTRICTS OR ZONES; AND PROVIDING UNIFORM REGULA— TIONS FOR THE SEVERAL CLASSES AND KINDS OF BUILDINGS OR STRUCTURES AND USES WITHIN THE DISTRICTS OR ZONES: AND ADOPTING A ZONING MAP DISCLOSING THE SEVERAL USE DIS— TRICTS, AND THE RESTRICTIONS AND LIMITATIONS AND PRO— VISIONS APPLICABLE TO SUCH DISTRICTS; AND PROVIDING FOR A BOARD OF ADJUSTMENT AND DEFINING THE POWERS OF SAME; AND PROVIDING CERTAIN PENALTIES AND REMEDIES; AND DE— CLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: SECTION 10 TITLE, This Ordinance shall be known and may be cited as "The City of Round Rock Zoning Ordinance." SECTION 2. PURPOSE. This Ordinance is enacted for the purpose of pro- moting health, safety, morals, and the general welfare of the community and for the protection and preservation of places and areas of historical and cultural importance and significance, in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfate; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public re- quirements. SECTION 3o DEFINITIONS Sec. 3.1. FOR THE purpose of this Ordinance, cer- tain terms and words are hereby defined; terms not de- fined herein shall be construed in accordance with adopted building codes or their customary usage and meaning. Sec. 3.2 WHERE necessary for a reasonable con- struction of this Ordinance, words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular. The word "building" shall include the word "structure"; theme• word "shall" is mandatory and not directive; the word "lot" includes the word "plot"; ACCESSORY BUILDINGS AND USES: A subordinate building or a portion of the main building, the use of which is incidental to that of the dominant use of the main building or land:, including bona fide servants quarters. An accessory use,is one which is incidental to the main use of the premises. ACCESSORY STRUCTURE: A detached, subordinate structure, the,1 use of which is clearly indidental and related to that of the principal structure or use of the land, and which is located on the same lot as that of the principal structure or use. APARTMENT HOUSE AND APARTMENTS: Any building, or portion thereof, which is designed or occupied as the home or re- sidence of more than two families living independently of each other and doing their own cooking in the said building, and shall include flats and other multi -family dwellings. BILLBOARD: A sign advertising products not made, sold, used, or served on the premises displaying such sign, or a sign having a height greater than 12 feet or a width greater than 18 feet, including supports. BOARD: The Board of Adjustment. BOARDING HOUSE: A building other than a hotel, where lodging or meals for five (5) or more persons are served for compen- sation. BUILDING: Means any structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind. BUILDING AREA: The total area enclosed by a line formed -by the outside surface of all walls at the foundation line© BUILDING HEIGHT: The vertical distance from the average grade of the finished ground level at the center of all walls of a building to the highest finished roof surface in the case of flat roofs or to a point at the.average height of roofs having a pitch of more than one (1) foot in four and one-half (4-1/2) feet. BUILDING LOT: A tract of land which, at the time of filing for a building permit, is intended by its owner or developer to be used, developed, or built upon as a unit, under single ownership or control. It shall front upon a dedicated street. - - 2- BUILDING LINE: A line behind which all building must be built, such line generally being parallel to the front lot line. CITY: The City of Round Rock, Texa. CITY COUNCIL: The City Council of the City of Round Rock, Texas. COMMERCIAL RECREATION: Buildings designed for, or occupied by, bowling alleys, health clubs, swimming pools, indoor golf, ice skating, billiards, indoor and outdoor theaters, and other similar recreational activities operated as a commercial enterprise. COUNTY: Williamson County. DAY NURSERY: An agency, organization or individual pro- viding day time care for six (6) or more children not re- lated by blood or marriage to, or not the legal wards or foster children of, the attendant adult. DWELLING: "A dwelling" is a building or portion thereof, designed and used exclusively for residential occupancy,1 including single-family, two-family, and multi -family dwellings, but not including hotels, motels, lodging houses, mobile homes, campers or camp trailers, nor any vehicle or portable structure having no permanent foundation other than wheels, jacks, or skirtings. DWELLING SINGLE-FAMILY: A building containing only one dwelling unit or occupied by only one family. DWELLING TWO-FAMILY: A building containing two dwelling units designed for occupancy by two families. DWELLING, MULTIPLE -FAMILY: A building or portion thereof: constructed for the occupancy of three or more families living --independently of one another, and doing their own cooking in the building. DISTRICT: A zoning district which is a part of the City of Round Rock, Texas, wherein the regulations of this Ordinance are uniform. EATING AND DRINKING PLACES: A retail establishment pri- marily engaged in the sale of prepared food and drinks for consumption on the premises. ENCLOSED BUILDING: Building surrounded by four or more walls and a roof. ENCLOSED STORAGE: Area surrounded by a solid fence or wall to a height of eight or more feet which effectively screens the contents from view and protects from the spread of fire and vandalism. -3- FIRE WALL: A masonry wall, eight inches or more in width, which is continuous from foundation to roof and is without openings other than fire -proof doors. HOTEL: A building in which lodging, or boarding and lodging are provided for more than twenty (20) persons and offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours. LOADING SPACE: An off-street space for the parking of a vehicle while loading or unloading merchandise or materials. LODGING HOUSE: A building, other than a hotel, where lodging without meals, for five (5) or more persons is provided for compensation. LOT: A "lot" is a tract or parcel of land which is occupied by one building or use and the accessory buildings or uses customarily incident to it, and having frontage on a dedi- cated street. LOT, CORNER: A lot situated at the intersection of two streets. LOT, INTERIOR: A lot other than a corner lot. LOT,THROUGH: A lot other than a corner lot, with frontage on two streets. On a "through lot" both street lines shall be deemed front lot lines. LOT LINE, FRONT: That boundary of a building lot which is also the line of an existing or dedicated street. Upon corner lots, either streetline may be selected as the front lot line provided a front and rear yard are established 1 adjacent and opposite, respectively to the front lot line. LOT OF RECORD: An area of land designated as a lot on a subdivision plat duly recorded with the County Clerk of Williamson County, Texas; or an area of land held in single ownership described by metes and bounds upon a deed re- corded or registered with said County Clerk MOBILE HOME: Any vehicle or similar portable structure mounted or designed for mounting on wheels, used or intend- ed for use for dwelling purposes, including structural additions, except parked and unoccupied camping type trailers. Any such vehicle or structure shall be deemed to be a mobile home whether or not the wheels have been removed therefrom and whether or not resting upon a temporary or permanent foundation® MOTEL: A building or group of buildings which: (a) con- tains living or sleeping accomodations used primarily fpr transient occupancy, and (b) has individual entrances from outside the building to serve each such living or sleeping unit. -4 NON -CONFORMING BUILDING: Any building, or part thereof,. lawfully existing or occupied at the effective date of this Ordinance which does not comply, after the passage of this Ordinance, with the height, yard, parking, loading, cover- age, area or screening regulations of the District in which it is located. NON -CONFORMING LOT: Any lot lawfully existing at the ef- fective date of this Ordinance that does not conform, after the passage of this Ordinance, to the width, depth and area regulations of the zoning District in which it is located. NON -CONFORMING USE: Any use lawfully existing at the ef- fective date of this Ordinance, which does not conform, after the passage of this Ordinance with the use regulations of the District in which it is located. PARKING SPACE: A paved area of at least 200 square feet, enclosed or unenclosed, sufficient in size to store one automobile, having a paved driveway connecting the parking space with a street or alley and permitting ingress or egress of an automobile. A "parking space" shall not occupy any public land° PAVED AREAS: An area surfaced with asphalt, concrete or similar all weather surface, not including gravel. PERSON: Means a natural person, his heirs, executors, administrators, or assigns, and also includes a firm, partnership, or corporation, its or their successors or assigns, or the agent of any of the aforesaid. PLANNING COMMISSION: The Planning Commission of the City of Round Rock, Texas. PUBLIC USES: Any use controlled by the city, county, state, federal or any other governmental entity. SIGNS: Any device or surface on which letters, illustra- tions, designs, figures, or symbols are painted, printed, stamped, raised, projected or in any manner outlined or attached and used for advertising purposes. STREET: Any public thoroughfare or space more than twenty (20) feet in width which has been dedicated for use as a roadway. YARD: An open space on the same building lot with a build- ing unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. SECTION 4. REPEAL. Existing Ordinances and parts of ordinances in conflict herewith are repealed. -5- SECTION 5. GENERAL COMPLIANCE. Sec. 5.1. NO BUILDING shall be erected and no existing buildings shall be moved, structurally altered, added to or enlarged, nor shall any land, building or premises be used, or designated for use for any purpose or in any manner other than provided for hereinafter in the district in which the building, land or premises is located; pros- vided, however, that necessary structural repairs may be made where health and safety are endangered. Sec. 5.2. NO SIGN or billboard shall be erected, moved, altered, added to, enlarged, painted or modified unless it shall conform to the provisions herein. Sec. 5.3. NO BUILDING shall be erected, nor shall any existing building be structurally altered, enlarged or rebuilt, nor shall any open space surrounding any build- ing be encroached upon or reduced in any manner, unless the same shall conform to the yard, building site area, building location and land use regulations hereinafter designated for the district in which such building or open space is located. Sec. 5.4. NO BUILDING shall be erected, converted enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which such building is located. Sec. 5.5. NO BUILDING shall be erected, converted, enlarged, reconstructed or structurally altered unless it shall conform to the area and off-street parking and loading regulations of the district in which such building is lo- cated. Sec. 5.6. NO YARD or other open space provided around any building for the purpose of complying with provisions of this Ordinance shall be considered as providing a yard or open space for a building on any other lot. SECTION 6. ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES. Sec. 6.1. FOR THE purposes of this Ordinance, the City is hereby divided into six districts as follows. Sec. Single -Family Residential District; R-1 Multi -Family Residential District; R-2 General Business District; B-1 Local Business District; B-2 Light Industrial District; I-1 Heavy Industrial District; I-2 6.2. THE LOCATION and boundaries of the; districts herein established are shown upon the Official Zoning Map, which is hereby incorporated into this Ordinance. Said -6- Zoning Map, together with all notations, references, and other information shown theron and all amendments thereto, shall be as much a part of this Ordinance as if fully set forth and described herein. SECTION 7. SINGLE-FAMILY RESIDENTIAL DISTRICT: R-1. Sec. 7.1. In a Single -Family Residential District R-1, no building or land shall be used, and no building shall hereafter be erected or structurally altered, unless other- wise provided in this Ordinance, except for one or more of the following uses: 7.101. Single -Family Dwellings. 7.102. Churches or other places of worship. 7.103. Colleges, universities, vocational schools and schools of higher learning. 7.104. Country clubs or golf courses, but not inc-iuding miniature golf courses, driving ranges or similar formsiof commercial amusement. 7.105. Farms, nurseries or truck gardens, limited to the propagation and cultivation of plants, provided no re- tail or wholesale business is conducted on the premises, and provided further that no poultry or livestock other than normal household pets shall be housed within one hundred (100) feet of any property line. 7.106. Parks, playgrounds, community buildings and other public recreational facilities, owned and/or, operated by the Municipality or other governmental agency. 7.107. Public buildings, including libraries, museums, police and fire stations, elementary schools and secondary schools. 7.108. Real estate sales offices during the develop- ment of residential subdivisions, but not to exceed two}(2) years from the date of final approval and filing of the - final subdivision plat in the Williamson County plat records. 7.109. Schools, private, with curriculum equivalent to that of a public elementary or secondary. 7.110. Temporary buildings for uses incidental to construction work on the premises, which buildings shall be removed upon the completion or abandonment of construction work. 7.111. Water supply reservoirs and pumping plants when screened from public streets. 7.112. Public utilities. -7- 7.113. ACCESSORY BUILDINGS and uses as follows: a. Customary home occupations, such as milliner, dressmaker, musician, artist, or beautician, provided that such uses are located in the dwelling used by such a person as his or her private residence, and provided further that no person not a member of the family residing on the pre- mises is employed, and no window display or sign is used to advertise the same, unless attached flatwise to the house and not exceeding two (2) square feet in surface area. b. A private garage with or without storeroom and/or utility room shall be permitted as an accessory building, provided that such garage shall be located not less than twenty (25) feet from the front lot line nor less than.:five (5) feet from any side or rear lot line and in the case of cor- ner lots not less than the distance required for residences from side streets. A garage or servants° quarters con- structed as an integral part of the main building shalltbe subject to the regulations affecting the main building. Sec. 7.2. SIGNS. a. No commercial billboard, or sign shall be peri mitted as an accessory use. b. Churches and other institutions may display signs showing names, activities and services therein pro- vided. c. During construction of a building, one un - illuminated sign advertising contractors or architects working on such premises shall be permitted, provided that such sign shall not be more than eight (8) square feet in area and shall be set back of the building line. Such sign shall be removed immediately upon completion of the building. Sec. 7.3. HEIGHT REGULATIONS: No building shall ex- ceed thirty (3 0) feet, nor be less than seven (7) feet in height. Sec. 7.4. YARD REQUIREMENTS: 7.401. There shall be a front yard having a depth of not less than twenty-five (25) feet. 7.402. Side yard shall be provided as follows: a. Permitted residential uses: All lots shall,' have a side yard on each side of the lot of not less than ten percent (10%) of the lot width measured at the building line or five (5) feet, whichever is greater; however, no individual side yard shall be required greater than ten (10) -8- feet in width. A side yard through which vehicular access to a garage, carport or parking area is provided shall have a width of not less than ten (10) feet. bo Permitted non-residential use: All lots shall have a side yard on each side of the lot of not less than twenty (20) feet, except a side yard abutting a street or another nonresidential use shall have a side yard of not less than ten (10) feet. 70403. All lots shall have a rear yard of not less than twenty (20) feet. Seca 705. LOT REQUIREMENTS: 7.501. No building shall be constructed on any lot containing less than seven thousand (7,000) square feet. 7.502. The width of the lot shall not be less than fifty (50) feet at the front building line, nor shall its average width be less than fifty (50) feet, 7.503. °lie average depth of the lot shall not be less than one hundred five (105) feet, except that a corner lot having a minimum width of not less than eighty (80) feet may have an average depth of less than one hundred five (105) feet provided that the minimum depth is no less than ninety (90) feet 7.504. In no case shall more than forty (40) percent of the total lot area be covered by the combined area of the main building and accessory buildings. Sec. 706. OFF-STREET PARKING: 7.601. Permitted residential uses: Off-street parking spaces shall be provided in accordance with the re- quirements set forth in Section 14 hereof. The required off-street parking space shall not be located within the required front or side yard. 7.602. Permitted non-residential uses: Off-street parking spaces shall be provided in accordance with the re- quirements set forth in Section 14 hereof. The required off- street parking spaces shall not be located within the re- quired front yard nor within ten (10) feet of a side or rear lot line. SECTION 8. MULTI -FAMILY RESIDENTIAL DISTRICT: R=2. Sec. 8v10 In a Multi -Family Residential District R®2, no building or land shall be used and no building shall hereafter be erected or structurally altered, unless other- wise provided in this Ordinance, except for one or more of -9- the following uses: 8.101.. Single-family dwellings 80102° Two-family dwellings 8.103. Multi -family dwellings 8.104. Boarding or lodging houses 8.105. Churches or other places of worship 80106. Day nurseries 8.107. Hospitals, clinics and sanitariums, except a criminal, mental, or animal hospital. 8.108. Institutions of a religious, educational, charitable or philanthropic nature. 8.109. Nursing and convalescent homes 8.110. Parks, playgrounds, community buildings and other public recreational facilities, owned and/or operated by the Municipality or other governmental agency. 80111. Public buildings, including libraries, museums, police and fire stations, elementary and secondary schools. 801120 Real estate sales offices during the develop- ment of residential subdivisions, but not to exceed two' (2) years from the date of the recording of the final plat in the Williamson County plat records. 8.113. Schools, private, with curriculum equivalent to that of a public elementary or secondary school 801140 Temporary buildings for uses incidental to construction work on the premises, which buildings shall be removed upon the completion or abandonment of construction work. 80115. Water supply reservoirs and pumping plants when screened from public streets. 80116. Public utilities. 80117. ACCESSORY BUILDINGS and uses, as follows! a. Customary home occupations such as milliner, dressmaker, musician, artist, or beautician, provided that such uses are located in the dwelling used by such person as his or her private residence, and provided further that -10- no person not a member of the family residing on the pre- mises is employed, and no window display or sign is used to advertise the same, unless attached flatwise to the building and not exceeding two (2) square feet in sur- face area bm A public or private garage, storeroom, or utility room shall be permitted, provided such uses are located not less than twenty-five (25) feet from the front lot line nor less than five (5) feet from any side or rear lot line and in the case of corner lots, not less than the distance required for residences from side streets. A garage or servants° quarters constructed as an integral part of the main building shall be subject to the regulations affecting the main building. Sec. 8.2. SIGNS: a. No commercial billboard or sign shall be per- mitted as an accessory use. ba Churches and other institutions may display signs showing names, activities and services therein pro- vided. c. During construction of a building, one un-• illuminated sign advertising contractors or architects working on such premises shall be permitted provided that such sign shall not be more than eight (8) square feet in area and that such sign shall be set back of the building line. Such sign shall be removed immediately upon com- pletion of the building. Seco 803. HEIGHT REGULATIONS° No building shall ex- ceed thirty-five (3 5) feet nor be less than seven (7) feet in height. Sec. 8.4. YARD REQUIREMENTS: 8.401. There shall be a front yard having a depth of not less than twenty-five (25) feet. 8.402. Side yards shall be provided as follows: ao Permitted residential uses: All lots shall have a side yard on each side of the lot of not less than ten percent (10%) of the lot width measured at the building line or five (5) feet, whichever is greater; however, no individual side yard shall be required greater than ten (10) feet in width. A side yard through which vehicular access to a garage, carport or parking area is provided shall have a width of not less than ten (10) feet. bo Permitted non-residential uses: All lots shall -11- have a side yard on each side of the lot of not less than fifteen (15) feet,except a side yard abutting a street Dr another non-residential use shall have a side yard of not less than ten (10) feet. 8,4030 All lots shall have a rear yard of not less than twenty (20) feet. Sec. 8.5. LOT REQUIREMENTS: 80501° No building shall be constructed on any lot containing less than five thousand (5,000) square feet., No lot shall contain less than fifteen hundred (1,500) square feet per dwelling unit. 8.502. The width of the lot shall not be less than fifty (50) feet at the front building line nor shall its average width be less than fifty (50) feet. 8.503. The average depth of the lot shall not be less than one hundred (100) feet, except that a corner lot. having a minimum width of not less than seventy-five (75) feet may have an average depth of less than one hundred (100) feet provided that the minimum depth is no less than eighty (80) feet. 8.504. The above regulations shall not prohibit the erection of a single-family dwelling on a lot of record at the effective date of this Ordinance, regardless of its size, provided all yard area, parking and setback require- ments are met. Seco 8.6. OFF-STREET PARKING: 8.601. Permitted residential uses: Off-street park- ing spaces shall be provided in accordance with the require- ments set forth in Section 14 hereof. The required off-street parking spaces shall not be located within the required front or side yard. 80602. Permitted nonresidential uses: Off-street parking spaces shall be provided in accordance with the re- quirements set forth in Section 14 hereof. The required off-street parking spaces shall not be located within the required front yard nor within ten (10) feet of a side or rear lot line° SECTION 9, GENERAL BUSINESS DISTRICT: B -1m Sec. 901: In the General Business District B-1, no building or land shall be used, and no building hereafter shall be erected or structurally altered, unless otherwise -12- provided in this Ordinance, except for one or more of the following uses: 9.101. Antique shops 9.102. Automobile parking lots 9.103. Automobile parts and accessory sales 9.104. Bakeries 9.105. Banks 9.106. Bus stations 9.107. Business or commercial schools 9.108. Candy and jewelry manufacturing 9.109. Drug stores 9.110. Dancing or music academies 9.111. Day nurseries 9.112. Florist shops 9.113. Food sales 9.114. Fraternal assembly halls or dormitories 9.115. Frozen food lockers, for individual or family use 9.116. Gasoline service stations, provided that the activities permitted do not include major automobile repairs, the storage or dismantling of old or wrecked motor vehicles, the sale of used automobile parts or the sale of new or.used motor vehicles. 9.117. Hardware stores 9.118. Hotels, motels 9.119. Laundries, self-service 9.120. Liquor sales 9.121. Multi -family dwellings 9.122. Offices and office buildings; business and professional 9.123 Pet shops, retail -13- 9.124. Personal service shops including but not limited to: Barber shops, beauty salons, photographic or artist studios, messengers, taxicabs, newspaper or tele- graphic services, dry cleaning and pressing, dressmaking and tailoring, shoe repairing, repair of household appli- ances and bicycles, catering, eating and drinking establish- ments, and other personal service uses of a similar char- acter. 9.125. Pharmacies, apothecaries 9.126. Printing, engraving and newspaper plants 9.127. Private or public clubs or bars 9.128. Public buildings, community centers, museums, libraries, galleries 9.129. Radio or television broadcasting station or studio 9.130. Retail stores, shops 9.131. Public utilities 9.132. Theaters, but not drive-in type 9.133. Any similar uses as determined by the Board of Adjustment, such permitted uses being generally commer- cial by usage. 9.134. Accessory buildings and uses, including per- manent signs of not more than twenty (20) square feet in area; but no billboards shall be permitted. Sec. 9.2. HEIGHT REGULATIONS: No building shall be less than ten (10) feet nor more than sixty (60) feet in height. Seco 9.3. YARD REQUIREMENTS: There shall be no yard requirements in this district. Sec. 9.4. LOT REQUIREMENTS: No building may be•con- structed on a lot of less than twenty-five hundred (2,500) square feet. Sec. 9.5. OFF-STREET PARKING: 9.501. Permitted residential uses: Minimum parking shall be provided in accordance with Section 14 hereof. 9.502. Permitted non-residential uses: The number of spaces shall be not be less than that specified in Section 14 hereof. -14- Sec. 9.6. LOADING SPACE REQUIREMENTS: Loading space shall conform to the provisions of Section 14 hereof. SECTION 10. LOCAL BUSINESS DISTRICT, B-2. Sec. 10.1: In a Local Business District B-2, no build- ing or land shall be used, and no building hereafter shall be erected or structurally altered, unless otherwise pro- vided in this Ordinance, except for one or more of the follow- ing uses: 10.101. Any use permitted in the B-1 General Busi- ness District 10.102. Automobile or trailer display and sales, repair garages, tire and seat cover shops, car wash 10.103. Boarding and lodging houses 10.104. Building material storage yards 10.105. Carpentry, painting, plumbing or tinsmith- ing shop 10.106. Cleaning and dyeing plant, laundry 10.107. Creamery, ice cream manufacturer, or dairy operations 10.108. Drive-in restaurants, bowling alleys, other similar places of entertainment or amusement, provided such principal building or structure is located not less than one hundred (100) feet from any residential district. centers 10.109. Farm implement display and sales room 10.110. Furniture stores 10.111. Greenhouses 10.112. Hospitals, clinics, sanitariums and medical 10.113. Ice plants 10.114. Institutions of a religious, educational, charitable, or philanthropic nature 10.115. Milk distributing station 10.116. Mortuaries 10.117. Nursing and convalescent homes -15- 10.118. Drive-in theaters 10.119. Upholstery shops, not involving furniture manufacture 10.120. Veterinarian or animal hospital provided that no such building shall be closer than fifty (50) feet to any residential district and that outdoor kennels or exercise runways shall not be closer than one hundred (100) feet to any residential district. 10.121. Accessory buildings and uses, including permanent signs of not more than ten (10) square feet in area; provided, however, that such signs shall not be placed within any required yard nor within twenty-five (25) feet of any residential district; but no commercial billboards shall be permitted. Sec. 10.2. HEIGHT REGULATIONS: No building shall be less than ten (10) feet nor more than sixty (60) feet in height except as provided hereinafter. Seco 10.3. YARD REQUIREMENTS: 10.301. Front yards shall be provided as follows: a. Permitted residential uses: A front yard shall not be less than twenty-five (25) feet, provided, however, parking will be permitted in the front yard. b. Permitted non-residential uses: A front yard of not less than twenty-five (25) feet in depth shall be provided. 10.302. Side yards shall be provided as follows: a. Permitted residential uses: Side yards shall not be less than ten (10) feet total for a lot, provided that the minimum side lot shall be five (5) feet for each side. b. Permitted non-residential uses: A side yard of not less than ten (10) feet in width shall be provided on the side of a lot abutting a residential district. Other- wise, no side yard is required. No storage or similar use shall be allowed in the required side yard. 10.303. A rear yard shall be provided as follows: a. Permitted residential uses: Rear yard shall be not less than twenty (20) feet. b. Permitted non-residential uses: No rear yard shall be required, except that when a rear lot line abuts a -16- residential district, a rear yard of not less than ten (10) feet shall be provided. No storage or similar use shall be allowed in the required rear yard. Sec. 10.4. LOT REQUIREMENTS: 10.401. The minimum lot area upon which a building may be constructed is as follows: a. Permitted residential uses: No residence shall be constructed on a lot containing less than five thousand (5,000) square feet. No lot shall contain less than one thousand (1,000) square feet; per dwelling unit. b. Permitted non-residential uses: No building may be constructed on a lot containing less than twenty-five hundred (2,500) square feet. 10.402. The minimum lot width shall be as follows: a. Permitted residential uses: Fifty (50) feet. b. Permitted non-residential uses: No specific requirement. 10.403. The minimum lot depth shall be as follows: a. Permitted residential uses: One hundred (100) feet. b. Permitted non-residential uses: No specific re- quirement. 10.404° The maximum lot area permitted to be covered by the combined area of the main building and accessory build- ings is as follows: a. Permitted residential uses: Forty Percent (40%) of the total area. b. Permitted non-residential uses: No specific requirement. Sec. 10.5. OFF-STREET PARKING: 10.501. Permitted residential uses: Off-street parking shall be provided in accordance with Section 14 hereof. 10.502. Permitted nonresidential uses: Off-street parking spaces shall be provided in accordance with the -re- quirements set forth in Section 14 hereof. The required off- street parking spaces shall not be located within ten (10) -17- feet of a side or rear lot line that abuts a residential district or street. Seco 10.6. LOADING SPACE REQUIREMENTS: Permitted non-residential uses shall provide loading spaces in accord- ance with the requirements set forth in Section 14 hereof. The required loading spaces shall not be located within ten (10) feet of a side or rear lot line that abuts a resi- dential district or street. SECTION 11. LIGHT INDUSTRIAL DISTRICT: I-1. Seco 1101: In the Light Industrial District, I-1, a building or premises may be used for the following purposes, provided that such use does not constitute a nuisance to sur- rounding urrounding property or residents. 11.101. Apparel and other products assembled from finished textiles. 11.102. Bottling works 11.103. Carting, express, hauling or storage yard 11.104. Coal, coke or wood yard 11.105. Contractor°s yard 11.106. Cosmetic manufacture 11.107. Drugs and pharmaceutical products manufac- turing 11.108. Electronic products manufacturing 11.109. Food and feed processing 11.110. Fur goods manufacture, but not including tanning or dyeing 11.111. Glass products, from previously manufac- tured glass 11.112. Household appliance products, assembly and manufacture from prefabricated parts. 11.113. Musical instruments, assembly and manu- facture 11.114 Plastic products manufacture, but not in- cluding the processing of raw materials 11.115. Sporting and athletic equipment manufacture Temporary signs -18- 11.117. Testing and research laboratories 11.118. Enclosed storage and warehouse buildings but not including bulk storage above ground of petroleums, oils, lubricants, inflammables and oxygen. 11.119. Public utilities Sec. 11.2. HEIGHT REGULATIONS: No building shall ex- ceed in height the width of the street on which it faces plus the depth of the front yard required or provided. Seco 11.3. YARD REQUIREMENTS: 11.301. No front yard is required, except that when a lot faces a residential district or business district, a front yard of not less than twenty (20) feet shall be pro- vided. No storage or similar use shall be allowed in tl-ere® quired front yard. 11.302. No side yard is required, except that when a lot abuts a residential district a side yard of not less than twenty (20) feet in width shall be required adjacent to said residential district. No storage or similar use shall be allowed in the required side yard. 11.303. No rear yard shall be required, except.that when a lot abuts a residential district a rear yard of not less than twenty (20) feet shall be provided adjacent to said residential district. No unenclosed storage or similar use shall be allowed in the required rear yard. Sec. 11.4. LOT AREA REQUIREMENTS: No specific re- quirement. Sec. 11.5. PARKING REQUIREMENTS: Off-street parking spaces shall be provided in accordance with the requirements set forth in Section 14 hereof. The required off-street parking spaces shall not be permitted to be located within ten (10) feet of a side or rear lot line that abuts a resi- dential district or a street. Sec. 11.6. LOADING SPACE REQUIREMENTS: Loading spaces shall be provided in accordance with the requirements set forth in Section 14 hereof. The required loading spaces shall not be located within ten (10) feet of a side or rear lot line that abuts a residential district or street. SECTION 12. HEAVY INDUSTRIAL DISTRICT: I-2. Sec. 12.1: In the Heavy Industrial District, I-2, a building or premises may be used for any of the following purposes: -19- 12.101. Any use not provided for in any other dis- trict within the City except trailer courts, trailer houses, mobile homes, mobile home courts and uses not allowed by state or federal law. 12.102 Any industrial use provided for in the Light Industrial District "I-1." 12.103. Dwellings and offices and shops planned as an integral part of the industrial development for the ex- clusive usage of employees of the industry. 12.104. Public buildings and facilities 12.105. Public utilities Sec. 12.2., HEIGHT REGULATIONS: No specific require- ments. Seca 12.3. YARD REQUIREMENT: None Sec. 12.4. LOT REQUIREMENT: The minimum lot area shall be five (5) acres for each building or group of re- lated buildings. Sec. 12.5. OFF-STREET PARKING: Shall be provided in accordance with Section 14 hereof. Sec. 12.6. LOADING SPACE REQUIREMENTS: Loading space shall be provided in accordance with Section 14 hereof. SECTION 13: PLACES AND AREAS OF HISTORICAL AND CULTURAL IMPORTANCE. Sec. 13.1. No building shall be constructed, altered, reconstructed, or razed on any lot or portion of any district under the jurisdiction of this Ordinance which has been de- signated as a place or area of historical or cultural im- portance by the City Council unless and until a specific permit therefore has been approved by the Planning Commis- sion and the City Council, or by a three-fourths vote of the City Council when disapproved by the Planning Commission and in accordance with the procedure established herein for changes and amendments to this Ordinance. Sec. 13.2. Areas, lots or portions thereof designated by the City Council as places and areas of historical and cultural importance shall be indicated on the Official Zoning District Map. SECTION 14. OFF-STREET PARKING AND LOADING SPACE REQUIREMENTS. Sec. 14.1. OFF-STREET PARKING REQUIREMENTS: 14.101. When any building or structure is erected, -20- or an existing building is enlarged by fifty (50) percent or more in, floor area, off-street parking spaces shall be provided in accordance with the following requirements: ae Bowling alley: Five (5) parking spaces for each alley. b. Business or professional office, studio, bank, medical or dental clinic or similar use: Three (3) parking spaces, plus one (1) additional parking space for each two hundred (200) square feet of floor area over five hundred (500) square feet. c. Church or other place of worship: One (1) parking space for each four (4) seats in the main auditorium. d. Community center, library, museum, or art gallery: Ten (10) parking spaces, plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet. If, an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one (1) space for each four (4) seats that it contains. eo Dance hall, assembly or exhibition hall without fixed seats: One (1) parking space for each one hundred (100) square feet of floor area. f. Dwellings: One (1) parking space for eachl single-family dwelling. For two-family and multi -family dwellings: One and one-half (1-1/2) parking spaces for each dwelling unit or one (1) parking space for each bed- room, whichever is greater. go Fraternity house, sorority house, or dormitory: One (1) parking space for each two (2) beds hm Furniture or appliance store, hardware store, wholesale establishments, machinery or equipment sales and service, clothing or shoe repair or service shop, or similar use: Two (2) parking spaces, plus one (1) additional park- ing space for each three hundred (300) square feet of floor area over one thousand (1,000) io Golf course: Three (3) parking spaces for each hole. j Hospital: Ten (1) parking spaces, plus one (1) additional parking space for each four (4) beds. km Hotel: One (1) parking space for each sleeping room or suite, plus one (1) space for each two hundred.(200) square feet of commercial floor area contained therein, in- cluding, but not limited to, restaurants, newsstands, and -21- cigar stores. 1. Manufacturing or industrial establishment, re- search or testing laboratory, creamery, bottling plant, ware- house, printing or plumbing shop, or similar establishment: One (1) parking space for each two (2) employees on the maxi- mum working shift plus spaces to accommodate all trucks and other vehicles used in connection therewith, but not less than one (1) parking space for each six hundred (600) square feet of floor area. mo Mortuary or funeral home: One (1) parking space for each fifty (50) square feet of floor space in slumber rooms, parlors or individual funeral service rooms plus one space for each four (4) seats in chapels and audit- oriums. no Motor -vehicle salesrooms and used car lots: One (1) parking space for each eight hundred (800) square feet of sales floor or lot area, whichever is greater. oe Private club, lodge or country club: One (1) parking space for each one hundred -fifty (150) square feet of floor area or for every five (5) members, whichever is greater. p. Retail store or personal service establishment, except as otherwise specified herein. One (1) parking space for each two hundred (200) square feet of floor area. q. Restaurant, night club, cafe or similar re- creation or amusement establishment: One (1) parking space for each two (2) seats or. one (1) parking space for each one hundred (100) square feet of floor area, which ever is greater. ra Rooming or boarding house: One (1) parking space for each two (2) sleeping rooms. so Sanitarium, convalescent home, home for the aged or similar institution: One (1) parking space for each six (6) beds. t. School elementary: One (1) parking space . for each four (4) seats in the auditorium or main assembly room, or two (2) spaces for each classroom, whichever is greater. ua School, secondary or college: One (1) parking space for each four (4) seats in the main auditorium or ten (10) spaces for each classroom, whichever is greater. v. Theater, auditorium (except school) , sports arena, stadium, or gymnasium: One (1) parking space for each four (4) seats or bench seating spaces. -22- w. Tourist home, cabin or motel: One (1) parking space for each sleeping room or suite plus one (1) space for each two hundred (200) square feet of commercial floor area contained therein, including, but not limited to, restaurants, newsstands and cigar stores . 14.102. The following rules shall be applied in computing the number of off-street parking spaces required for each of the above uses. a. Floor area shall mean the gross floor area of the specific use. b. Fractional spaces shall be rounded to the next higher whole space. c. Buildings or structures containing mixed uses shall provide off-street parking space equal to the sum,of the various uses computed separately. d. The off-street parking requirements for a use not specifically listed herein shall be the same as required for a use of a similar nature as determined by the Building Official. 14.103. All required off-street parking space shall be located on the same lot as the building or use served, except as follows: a. When an increase in the number of off-street parking spaces is required by a change or enlargement of use, or where off-street parking spaces are provided collect- ively or used jointly by two (2) or more buildings or estab- lishments, the required off-street parking spaces may be located at a distance not to exceed three hundred (300).feet from an institutional building served or five hundred (500) feet from any other non-residential building served; pro- vided, however, that a written agreement thereto is proper- ly executed, filed and approved by the Board of Adjustment as provided below. Distances shall be measured along a, public street or alley. b. Not more than fifty (50%) percent of the off- street parking spaces required for theaters, bowling alleys, dance halls, night clubs, restaurants, or similar uses may be provided and used jointly by uses not normally open, used or operated during the same hours as those listed; provided, however, that a written agreement thereto is properly exe- cuted and filed as provided below. c. Not more than eighty (80%) percent of the off- street parking spaces required for a church, school auditor- ium, or similar use may be provided and used jointly by uses not normally open, used or operated during the same -23- hours as those listed; provided, however, that a written agreement thereto is properly executed, filed and approved as provided below. d. When the required off-street parking spaces are not located on the same lot with the building or use served, or when the required off-street parking spaces are provided collectively or used jointly by two (2) or more establish- ments, a written agreement which assures the retention of such spaces for this purpose shall be drawn and executed by the parties concerned, approved as to form by the City Attor- ney, and filed with the application for a building permit or certificate of occupancy if a change in use is involved. Such agreement then shall be submitted to the Board of Ad- justment who shall, after a hearing thereon, approve or deny such off-site parking. 14.104. A parking space shall contain a minimum of two hundred (200) square feet and shall be approximately ten (10) feet in width and twenty (20) feet in depth. All parking spaces, parking or maneuvering aisles and driveways shall be paved. Seco 14.2. OFF-STREET LOADING REQUIREMENTS: 14.201. Any use that receives or distributes materials or merchandise by vehicle shall provide, when re- quired by use district regulations, off-street loading space in accordance with the following requirements: a. Industrial District: "I" uses: One (1) load- ing space for each ten thousand (10,000) square feet of floor area. b. Business District: "B" uses: One (1) load- ing oading space for each five thousand (5,000) square feet of, floor area for the first fifteen thousand (15,000) square feet of floor area. 14.202. The following rules shall be applied in computing the number of off-street loading spaces required: a. Floor area shall mean the gross floor area of the use. b. Fractional spaces shall be rounded to the next higher whole space. c. Whenever a building or use, existing on the effective date of this Ordinance, is enlarged by more than fifty (50%) percent in floor area or area used, the entire building or use shall then and thereafter comply with the off-street loading requirements. -24- 14.203. The required off-street loading spaces shall be located on the same lot as the building or use served. 14.204. A loading space shall contain a minimum of four hundred twenty (420) feet and shall be approximately twelve (12) feet in width and thirty-five (3 5) feetin depth All loading spaces, maneuvering aisles and driveways shall be paved. SECTION 15. HEIGHT AND AREA REGULATIONS GENERAL Seca 15.1, HEIGHT: 15.101. The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers, scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, necessary public or private utilities, conveyors, flag poles and necessary mechanical appurtenances. 15.102. Public or semipublic service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding sixty (60) feet and churches and other places of worship may be erected to a height not exceeding seventy-five (75) feet when each of the required yards is increased by one (1) foot for each two (2) feet of additional building height above the height regulations for the district in which the building is lo- cated. Seco 1502. FRONT YARDS: 15.201. Where fifty-one (51%) percent or more of the frontage within a block is occupied or partially occu- pied by a building or buildings with front yards of less depth than required by this Ordinance the remainder of that block may be developed by observing the established front yard line, if approval thereof is granted by the Board of. Adjustment. 15.202, No fence, structure, or vegetation placed or allowed to grow within thirty-five (35) feet of inter- secting street right-of-way lines shall exceed three (3) feet in height. 15.203. Open or unenclosed terraces, porches, or roof eaves or extensions may project into the required front yard for a distance not to exceed four (4) feet; provided, however, no supporting structure for such projections may be located within the required front yard. An unenclosed canopy for a gasoline filling station may extend into the required front yard, provided such extension shall not be -25- closer than ten (10) feet to a lot line. Sec. 15.3. SIDE YARDS: 15.301. A roof overhang, open fire escape, or out- side stairway may project not more than three (3).feet into a required side yard, provided such projection is no closer than five (5) feet to a property line. 15.302. For the purpose of applying side yard re- gulations, two-family and multi -family dwelling units cover- ed by a continuous roof shall be considered as one building occupying one lot. 15.303. An accessory building shall not project or extend into a side yard abutting a street. 15.304. On a corner lot, the width of the yard along the side street shall not be less than any required front yard on the same side of such street between inter- secting streets; providing, however, that the buildable width of a lot shall not be reduced to less than thirty (30) feet. Sec. 15.4. REAR YARD: An accessory building not ex- ceeding twenty (20) feet in height nor closer than five (5) feet to any rear or side lot line may be located in the re- quired rear yard, provided such accessory building does not occupy more than twenty-five (25%) percent of the rear yard area calculated for any given lot using the required yard and lot dimensions. An unenclosed parking space shall not occupy more than eighty (80%) percent of the calculated: rear yard area. Sec. 15.5. Where a lot of record having less area, width, and/or depth than is herein required, existed in , separate ownership on the effecting date of this Ordinance, the lot requirements shall not prohibit the erection of a single-family dwelling in a Residential District: R-1 or Residential District: R-2, or a two-family or three-family dwelling in Residential District: R-2, provided the set back, yard area and off-street parking requirements set forth herein are met. SECTION 16. NON -CONFORMING BUILDINGS AND USES, Sec. 16.1: The lawful use of any building, structure or land existing on the effective date of this Ordinance may be continued, although such use does not conform with the provisions of this Ordinance; provided, however, the right to continue such non -conforming use shall be subject to the following regulations: -26- 16.101. Normal repairs and maintenance may be made to a non -conforming building or structure; provided that no structural alterations shall be made except those required by law or Ordinance or those necessary for installing or en- closing required sanitary facilities, such as toilets and bathrooms. 16.102. Unless otherwise provided, a non -con- forming building or structure shall not be added to or enlarged in any manner unless such additions and enlargements are made to conform to all of the requirements of the dis- trict in which such building or structure is located. 16.103.. A non -conforming building or structure shall not be moved in whole or in part unless every portion of such building or structure is made to conform to all re- gulations of the district in which it is to be located. 16.104. If a non -conforming building or structure is damaged or destroyed to an extent of less than sixty.(60%) percent of its fair market value by fire, explosion, act of God, or the public enemy, then restoration or new construction shall be permitted. If destruction is greater than sixty (60%) percent of its fair market value, such building or structure and its use, if repaired or replaced, shall conform to all regulations of the district in which it is located, and it shall be treated as a new building. 16.105. A vacant, nonconforming building or structure lawfully constructed before the date of enactment of this Ordinance may be occupied by a use for which the building or structure was designed or intended, if so occupied within a period of ninety (90) days after the effective date of this Ordinance. The use of a non -conforming building or structure lawfully constructed before the date of enactment of this Ordinance which becomes vacant after the effective date of this Ordinance, may be reoccupied by the use for which the building or structure was designed or intended, if so occupied within a period of ninety (90) days after the building or structure becomes vacant. All such buildings, after ninety (90) days of vacancy, shall be converted to a conforming use. Sec. 16.2: The non -conforming use of a building or structure may be continued as hereinafter provided. 16.201.. The non -conforming use of a building or structure may not be changed to a use which does not con- form to the requirements of the district in which it is situated. 16.202. A non -conforming use of a conforming build- ing or structure shall not be extended or expanded into any other portion of such conforming building or structure, nor changed except to a conforming use. If such non -conforming -27- use or portion thereof is voluntarily discontinued or changed to a conforming use, any future use of such building, struc- ture or portion thereof shall conform to the regulations of the district in which such building or structure is located. Seco 16.3: The non -conforming use of land existing at the time of the effective date of this Ordinance may con- tinue as hereinafter provided. 160301. A non -conforming use of land shall not be expanded, extended, or changed to some other use not in com- pliance with the regulations of the district in which the land is situated. 16.302. If a non -conforming use of land or any portion thereof, is voluntarily discontinued for a period of ninety (90) days any future use of such land or portion thereof shall be in conformity with the regulations of the district in which such land or portion thereof is located. 160303. Any sign, billboard or poster panel which lawfully existed and was maintained at the time of the effective date of this Ordinance, may be continued, although such use does not conform with the provision of this Ordinance, provided, however, that no structural alterations are made thereto. Sec. 16.4. ABANDONMENT: The non -conforming use of a building, structure, or land which has been abandoned, shall not thereafter be returned to such non -conforming use. A nonconforming use shall be considered abandoned when: a. The intent of the owner to discontinue the use is apparent; or, b. The characteristic equipment and furnishings of the non -conforming use have been removed from the premises and have not been replaced by similar equipment within ninety (90) days, or, c. A nonconforming building, structure, or land, or portion thereof, which is, or hereafter, becomes vacant and remains unoccupied for a period of ninety (90) days, or 0 do A non -conforming use has been replaced by a conforming use. Sec. 1605. CHANGE IN DISTRICT BOUNDARIES: Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one district to another district, or when the boundaries of districts are changed as the re- sult of annexation of new territory, or changed in the re- gulations or restrictions of this Ordinance, the foregoing provisions relating to non -conforming uses shall also apply to any uses existing therein which may become non -conforming. -28- SECTION 17. ADMINISTRATION. Seco 17.1. ENFORCEMENT: This Ordinance shall be en- forced by the building official appointed by the City Council. No oversight or dereliction on the part of the building official or on the part of any official or of employee of the city or county shall legalize, authorize or excuse the violation of any of the provisions of this Ordinance. Sec. 17.2. PERMIT REQUIRED: The construction, alter- ation or repair, removal, or reconstruction of any structure or any part thereof as provided, or as restricted herein, shall not be hereafter commenced until after the issuance of a written permit for the same by the building official and in full com- pliance with the provisions herein, which permit shall be valid for one year unless otherwise noted by the building official. Sec. 17.3. SUBSEQUENT TO the effective date of this Ordinance, no change in the use or occupancy of any land, nor any change of use or occupancy in an existing building other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a certi- ficate of occupancy has been issued by the building official. Every certificate of occupancy shall state that the new ,oc- cupancy complies with all provisions of this Ordinance, the approved subdivision ordinance and adopted building codes. Sec. 17.4. DISTRICT BOUNDARIES: Where uncertainty exists with respect to the boundaries of the various dis- tricts as shown on the district map accompanying and made a part of this Ordinance, the following rules apply: 17.401. THE DISTRICT boundaries are either street or alley centerlines unless otherwise shown, and where the districts designated on the'map accompanying and made a part of this Ordinance are bound approximately by street or alley centerlines, the street or alley centerline shall be construed to be the boundary of the district. 17.402. Where the district boundaries are not other- wise indicated, and where the property has been or may here- after be divided into blocks and lots the district boundaries shall be construed to be the lot lines, and where the dis- tricts designated on the district map accompanying and made a part of this Ordinance, are bound approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise in- dicated on the map. 17.403. In unsubdivided property, the district boundary lines on the map accompany and made a part of this Ordinance shall be determined by the use of the scale appearing on the map. -29- 17.404. In the case of a district boundary line dividing a property into two (2) parts, the district bound- ary line shall be construed to be the property line near- est the district boundary line as shown. 17.405. Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall thereafter be subject to all regulations of the extended districts. 17.406. Where the streets or alleys on the ground differ from the streets or alleys as shown on the Official Zoning Map, the streets or alleys on the ground shall con- trol. 17.407. If none of the above apply, the Board of Adjustment shall determine the location of the district. boundary. Sec. 17.5. INTERPRETATION: In interpreting and apply- ing the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, except that if this Ordinance imposes a greater restriction, this Ordinance shall control. SECTION 18. BOARD OF ADJUSTMENT: A board of adjustment is hereby created and established. The said Board of Adjust- ment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the Ordinance in harmony with its general purpose and intent and in accordance with general or specific rules herein contained. Sec. 18.1: THE BOARD of Adjustment shall consist of five (5) members and two (2) alternates, each appointed for a term of two (2) years and removable for cause by the City Council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member or alternate whose term becomes vacant. All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four (4) members. Sec. 18.2: THREE OF the initial five members and one of the alternates shall be appointed for an initial term of two (2) years, and two (2) of the initial Board and one (1) alternate shall be appointed for an initial term of one (1) year. Thereafter, all terms shall be for a period of two (2) -30- years. Sec. 18.3: THE BOARD of Adjustment shall meet and or- ganize as soon as practicable and shall elect one (1) of its members as chairman, one (1) as vice-chairman and one (1) as secretary. The Board shall adopt rules necessary for its government and procedures not inconsistent with the provisions of this Ordinance. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. Such chairman, or in his ab- sence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public re- cord. Sec. 18.4 APPEAL: Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, de- partment, board or bureau of the city affected by any de- cision of the building official. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the building official and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The building official shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. Sec. 18.5: AN APPEAL stays all proceedings in further- ance of the action appealed from, unless the building official certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion,,cause imminent peril to life or property. In such case proceed- ings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the building official and on due cause shown. Sec. 18.6: THE BOARD of Adjustment shall fix a reason- able time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. Sec. 18.7: THE BOARD of Adjustment shall have the following powers: 18.701: To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or dete- -31- mination made by the building official in the enforcement of this Ordinance. 18.702. To hear and decide special exceptions to the terms of this Ordinance upon which the Board is re- quired to pass. 18.703. To authorize, upon appeal in specific cases, such variance from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the Ordinance will result in unnecessary hardship, and so that the spirit of the Ordinance shall be observed and substantial justice done. Sec. 18.8: IN EXCERCISING the above mentioned powers the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the building official from whosp:action the appeal is taken. Sec. 18.9: THE CONCURRING vote of four (4) members of the Board shall be necessary to reverse any order, re- quirement, decision or determination of the building official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect any variation in this Ordinance. Seca 18.10: NO ORDER of the Board of Adjustment per- mitting the erection or alteration of a building shall be valid for a period longer than six months, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. Sec. 18.11: NO ORDER of the Board of Adjustment per- mitting a use of a building or permises shall be valid for a period longer than six months, unless such use is es- tablished within such period; provided however, that where such use permitted is dependent upon the erection or alter- ation of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alter- ation is started and proceeds to completion in accordance with the terms of such permit. Sec. 18.12: JURISDICTION OF THE BOARD OF ADJUSTMENT: In specific cases the Board of Adjustment may authorize by permit a variation of the application of the minimum' yard and area standards herein established in harmony with their general purpose and intent provided however, that the Board -32- of Adjustment shall have no power to grant a variation of the use of buildings and land. Sec. 18.13. APPEALS FROM ACTION OF THE BOARD OF ADJUSTMENT: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board, or bureau of the muni- cipality, may present to a court of record a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Board. Sec. 18.14: UPON PRESENTATION of such petition the court may allow a writ of certiorari directed to the Board of Ad- justment to review such decision of the Board of Adjustment and shall prescribe therein the time within which .a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be ex- tended by the Court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order. Sec. 18.15: THE BOARD of Adjustment shall not be re- quired to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions therof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. Sec. 18.16: IF, UPON the hearing, it shall appear.to the court that testimony is necessary for the proper dis- position of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and con, clusions of law, which shall contitute a part of the pro- ceedings upon which the determination of the court shall be made. The court may reverse or affirm wholly or partly, or may modify the decision brought up for review. Seco 18.17: COSTS SHALL:not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. SECTION 19. ZONING OF ANNEXED AREAS, Sec. 19.1. ZONING ANNEXED AREAS: All territory annexed to the City hereafter automatically shall be temporarily -33- classified as Residential District: R-1 until permanently zoned by the City Council. The Planning and Zoning Commis- sion shall, as soon as practicable after annexation of any territory, recommend to the City Council a plan for perman- ent zoning in the area. Sec. 19.2 PERMITS IN TEMPORARY ZONED AREAS: In an area temporarily classified as Residential District: R-1, no permits for the construction of a building or use of land other than for uses allowed in said district under this Ordinance shall be issued by the: Building Official.. SECTION 20. VIOLATION AND PENALITIESO Sec. 20.1. VIOLATION AND PENALTIES: The owner of a building or premises in or upon which a violation of any provision of this Ordinance has been committed or shall exist, or the lessee or tenant of an entire building or. entire premises in or upon which a violation has been committed or shall exist, or the agent, architect, building contractor, or any other person, firm or corporation who commits, takes part or assists in any violation, or who maintains any building or premises in or upon which such violation exists, shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine not to exceed two hundred ($200) dollars. Each and every day that such vio- lation continues may constitute a separate offense. Seca 20.2: IN CASE any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this Ordinance, the appropriate authorities of the City, in addition to other remedies, may institute appro- priate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, main- tenance, or use to correct or abate such violation, or to prevent the occupancy of such building, structure, or land. SECTION 21. CHANGES AND AMENDMENTS. Sec. 21.1: THE CITY Council may, from time to time, by Ordinance, amend, supplement, change, modify or repeal the boundaries of the various districts or the regulations here- in established. Before any such action, the City Council shall submit the same to the Planning and Zoning Commission for its recommendations and report. Sec. 21.2: PROCEDURE BEFORE THE PLANNING AND ZONING COMMISSION: 21.201. The Planning and Zoning Commission shall hold a public hearing on all proposed changes in zoning re- gulations or district boundaries and written notice of all -34- such public hearings shall be sent to all owners of real property lying within two hundred (200) feet of the pro- perty on which the change in zoning regulations or district boundaries is proposed. Such notice shall be given, not. less than ten (10) days before the day set for hearing, to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in a United States Post Office. Where property lying within two hundred (200) feet of the property proposed to be changed is located in territory which was annexed to the City after the final date for making renditions which are included on the last approved city tax roll, notice to such owners shall be given by publishing the same in a newspaper of general circulation in the City, of Round Rock, at least ten (10) days prior to the date set for hearing, and which shall state the time and place of such hearing. 21.202. After such hearing, the Planning and Zoning Commission shall make its recommendatiun regarding the change in zoning regulations or district boundaries. 21.203. Each such recommendation made by the Planning and Zoning Commission shall be reported to the City Council, in writing, and the applicant shall be noti- fied of the action of the Planning and Zoning Commis- sion. 21.204. The Planning and Zoning Commission shall establish and maintain a separate file for each application received, and shall record the names and addresses of all persons, firms, and corporation to whom notices are mailed, including the date of mailing and the persons by whom such notices were delivered to the United States Post Office= All records and files herein provided shall be permanent and official files of the City of Round Rock. Sec. 21.3. PROCEDURE BEFORE THE CITY COUNCIL: 21.301. After receiving the recommendation of the Planning and Zoning Commission, the City Council shall Iiold a public hearing, concerning the same, at the earliest practicable time, 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 of Round Rock. 21.302. When the Planning and Zoning Commission has recommended a change in zoning regulations or district boundaries, the City Council shall be at liberty to either accept, reject or take other action provided such action is consistent with the public notice and the provisions of this Ordinance. -35� 21.303. If the Planning and Zoning Commission has recommended against a proposed amendment, supplement, change or modification, or if a protest against such change, signed by the owners of twenty (20) per cent or more of either the area of lots included in such proposed change or of 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 the favorable vote of three-fourths (3/4) of all members of the City Council. 210304. If the City Council has refused to grant a proposed amendment, supplement, change or modification in the boundaries of any zoning district such amendment supplement, change or modification in the boundaries of such zoning district shall not be submitted again prior to the expiration of twelve (12) months from the date of the order or decision of the City Council against such zone change. Sec. 21.4. FEES FOR REQUESTING A CHANGE IN ZONING: An applicant requesting an amendment, supplement, change or modification of this Ordinance, including the Official Zoning Map or requesting a hearing before the Board of Adjust- ment which requires the sending of notices or the publication of notices, shall deposit with the City Secretary an amount of money estimated by the building official to be sufficient to mail and publish all notices required by law; provided, however, that in no event shall the amount be less than fifty dollars ($50.00) SECTION 22. VALIDITY. If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part of provisions there- of, other than the part so decided to be invalid or uncon- stitutional. SECTION 23. EMERGENCY CLAUSE. In as much as this is a zoning ordinance for the pur- pose of promoting the public health, safety and general welfare, the City Council finds and determines, that the -36- passage of this Ordinance is necessary for the immediate preservation of the public peace, health, and safety, and should become effective upon the expiration of five (5) days after the final passage and publication. PASSED on the :x day ofW=C 4,1 _° , 1969. \/(7 ATTEST: - , 2 DALE HESTER, Mayor RUBY BURr{, City Secretary