HomeMy WebLinkAboutOrd 1986-107 Zoning Ordinance.pdfC I T Y O F A N N A, T E X A S
ZONING ORDINANCE
CITY OF ANNA, TEXAS
ZONING ORDINANCE
Table of Contents
Page
Adoption Caption .................................. 1
Section
1:
Authority ...........................
2
Section
2:
Purpose .............................
2
Section
3:
Administration, Enforcement
and Fees ......................
3
Section
4:
Definitions .....................
4
Section
5:
General Provisions ..................
21
Section
6:
Conditional Uses ....................
28
Section
7:
Annexed Territory ...................
29
Section
8:
Classification of New and
Unlisted Uses ..............
30
Section
9•
AG Agricultural District
31
Section
10:
R -1L Single Family Residential -
Large Lot .... ... .........
33
Section
11:
R-1 Single Family Residential .......
35
Section
12:
R-2 Two Family Residential ..........
37
Section
13:
R-3 Multiple Family Residential -
Medium Density ................
38
Section
14:
R-4 Multiple Family Residential -
High Density ..................
40
Section
15:
C-1 Restricted Commercial ...........
41
Section
16:
C-2 General Commercial ..............
44
Section
17:
I-1 Light Industrial ................
48
Section
18:
I-2 Heavy Industrial ................
52
Section
19:
MH Mobile Home Park ..... ...........
53
Section
20:
PD Planned Development District .....
58
Section
21:
FP Floodplain District ..............
68
Section
22:
Schedule of District Regulations ....
71
Section
23:
Supplementary District
Regulations ...................
72
Section
24:
Building Permits and
Certificates of Occupancy .....
78
Section
25:
Parking Space Regulations ...........
80
Section
26:
Nonconforming Uses ..................
86
Section
27:
Planning and Zoning Commission ......
89
Section
28:
Amendments ..........................
91
Section
29:
Severability ........................
99
Zoning Illustrations
..............................
100
i
CITY OF ANNA, TEXAS
ORDINANCE NO. /O % 8P'
ZONING ORDINANCE
AN ORDINANCE OF THE CITY OF ANNA, TEXAS ADOPTING A
COMPREHENSIVE ZONING PLAN AND ZONING MAP AND
DIVIDING THE CITY INTO SEVERAL DISTRICTS; ESTAB-
LISHING AND PROVIDING FOR ZONING REGULATIONS AND
CREATING ZONING DISTRICTS IN ACCORDANCE WITH A
COMPREHENSIVE PLAN; WITHIN SUCH DISTRICTS REGU-
LATING THE USE OF LAND, BUILDINGS AND STRUCTURES;
REGULATING THE HEIGHT, SIZE, AND LOCATIONS OF
BUILDINGS; ESTABLISHING DENSITY, OPEN SPACE,
SCREENING, AND MINIMUM OFF-STREET PARKING REQUIRE-
MENTS; REGULATING THE ERECTION, REPAIR, AND
ALTERATION OF ALL BUILDINGS AND STRUCTURES; PRO-
VIDING FOR CONDITIONAL USE PERMITS AND CERTAIN
USES; RECOGNIZING NONCONFORMING USES AND STRUC-
TURES AND PROVIDING RULES FOR THE REGULATIONS
THEREOF; CREATING A PLANNING AND ZONING COMMISSION
AND SETTING FORTH RULES FOR ITS ORGANIZATION,
JURISDICTION, AND POWERS; PROVIDING FOR
CERTIFICATE OF OCCUPANCY AND COMPLIANCE; DEFINING
CERTAIN TERMS; PROVIDING A METHOD OF AMENDMENT;
PROVIDING A PENALTY FOR VIOLATION OF SUCH ORDINANCE
AND FOR INJUNCTIVE RELIEF TO PERSONS AFFECTED BY
THE VIOLATION OF SAID ORDINANCE; PROVIDING A
SAVING CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT, the proposed Zoning Ordinance and Maps are
hereby enacted and adopted, which shall provide as follows:
11
ZONING
SECTION 1: AUTHORITY
This ordinance is prepared under the authority of Section 1,
Art. 1011a, Vernon's Civil Statutes of the State of Texas,
to promote health, safety, morals, and for the protection
and preservation of places and areas of historical and
cultural importance and significance, or the general welfare
of the community, and the legislative body is empowered to
regulate and restrict the height, number of stories, and
size of buildings, and other structures, the percentage of
lot that may be occupied, the size of the yards, courts, and
other open spaces, the density of population, and the loca-
tion and use of buildings, structures, and land for trade,
industry, residence, or other purpose; and, in the case of
designated places and areas of historic and cultural impor-
tance, to regulate and restrict the construction, altera-
tion, reconstruction, or razing of buildings and other
structures.
SECTION 2: PURPOSE
These zoning regulations are made in accordance with the
spirit of the comprehensive plan and designed to lessen
congestion in the streets; to secure safety from fire,
panic, and other dangers; to promote health and the general
welfare, to provide adequate light and air; to prevent
overcrowding of land; to avoid undue concentration of popu-
lation; to facilitate the adequate provision of transpor-
tation, water, sewerage, schools, parks, and other public
requirements. These regulations are made with reasonable
consideration, among other things, to the character of the
district and its peculiar suitability for particular uses,
and with a view to conserving the value of buildings and
encouraging the most appropriate use of land throughout the
city.
2
SECTION 3: ADMINISTRATION, ENFORCEMENT AND FEES
A. ADMINISTRATION
The building official is hereby designated by the city
council as the administrative official to supervise the
administration and enforcement of this ordinance. The
building official may be provided with the assistance of
such other persons or consultants as the city council
may direct.
If the administrative official finds that any of the
provisions of this ordinance are being violated, he
shall notify in writing the person responsible for such
violations, indicating the nature of the violation and
ordering the action necessary to correct it. He shall
order discontinuance of illegal use of land, buildings,
or structures, removal of illegal buildings or struc-
tures or of illegal additions, alterations, or struc-
tural changes, discontinuance of any illegal work being
done; or shall take any other action authorized by this
ordinance to insure compliance with or to prevent viola-
tion of its provisions.
B. VIOLATION AND PENALTIES
The owner or general agent of a building or premises
where a violation of any provision of the regulations of
this ordinance has been committed or shall exist, or the
lessee or tenant of an entire building or entire premi-
ses where such violation has been committed or shall
exist, or the owner, general agent, lessee, or tenant of
any part of the building or premises in which such
violation has been committed or shall exist, or the
general agent, architect, builder, contractor, or any
other person who commits, takes part or assists in any
such violation or who maintains any building or premises
in which any such violation shall exist shall be guilty
of a misdemeanor punishable by a fine of not less than
ten dollars ($10.00) or not more than one thousand
dollars ($1,000.00) for each and every day that such
violation continues.
C. INTERPRETATION AND APPEALS
It is the intent of this ordinance that all questions of
interpretation and enforcement shall be first presented
to the administrative -official, and that such questions
shall be presented to the city council, only on appeal
3
from the decision of the administrative official, and
that recourse from the decisions of the city council
shall be to the courts as provided by law.
D. CITY COUNCIL DUTI
It is further the intent of this ordinance that the
duties of the city council in connection with this ordi-
nance shall not include hearing and deciding questions
of interpretation and enforcement that may arise. The
procedure for deciding such questions shall be as stated
in this ordinance. Under this ordinance the city coun-
cil shall have only the duties of considering and
adopting or rejecting proposed amendments or the repeal
of this ordinance, as provided by law, and, of
establishing a schedule of fees and charges as stated in
subsection E herebelow.
E. FEES
The city council shall, by resolution, establish a sche-
dule of fees, charges, and expenses and a collection
procedure for the administration, permits, certificates
of occupancy, zoning change requests, and other matters
pertaining to this ordinance. The schedule of fees
shall be posted in the office of the zoning administra-
tive official, and may be altered or amended only by
action of the city council. Until all applicable fees,
charges, and expenses have been paid in full, no action
shall be taken on any application or appeal.
SECTION 4: DEFINITIONS
For the purpose of this ordinance, certain terms and
words are defined and shall have the meanings ascribed
in this ordinance unless it is apparent from the context
that different meanings are intended.
(1) Accessory Building - means a subordinate building
use of which is incidental to that of the main
building on the same lot.
(2) Administrative Official - is the officer or other
designated authority charged with the administra-
tion and enforcement of this Ordinance, or his duly
authorized representative.
4
(3) Alley is a public minor way which is used primarily
for secondary vehicular service access to the back
or side of properties otherwise abutting on a
street or highway.
(4) Apartment - is a room or suite of rooms in an
apartment house arranged, designed or occupied as a
dwelling unit residence by a single family, indivi-
dual, or group of individuals living together as a
single housekeeping unit.
(5) Apartment Hotel - is any building larger than an
apartment house designed or built to be occupied as
a series of separate apartments and by persons
living independently of each other.
(6) Apartment House - is any building, or portion
thereof, which is designed, built, rented, leased,
let or hired out to be occupied as three (3) or
more apartments or dwelling units or which is
occupied as the home or residence of three ( 3 ) or
more families living independently of each other
and maintaining separate cooking facilities.
(7) Automobile Repair, Major - is any area used for
general repair, rebuilding or reconditioning engi-
nes, motor vehicles, trailers; collision services
including body, frame or fender straightening or
repair; overall painting or paint shop; vehicle
steam cleaning.
(8) Automobile Repair, Minor - is any area used for
minor repair or replacement of parts, tires, tubes,
batteries and minor motor services such as grease,
oil, spark plug and filter changing of passenger
cars and trucks not exceeding one and one-half (11)
ton capacity, but not including any operation named
under "automobile repair, major" or any other simi-
lar use thereto.
(9) Automobile Sales Area - is an open area or lot used
for the display or sale of automobiles, where no
repair work is done.
(10) Automobile Service Station - is any building and/or
premises where gasoline, oil, grease, batteries,
tires and automobile accessories may be supplied
and dispensed at retail, including the servicing of
vehicles designed or calculated to be performed by
the customer. In addition, the following services
may be rendered and sales made and no other:
ILI
"I
(a) Sale and service of spark plugs, batteries and
distributors and distributor parts;
(b) Tire servicing and repair, but not recapping
or regrooving;
(c) Replacement or adjustment of automobile
accessories;
(d) Radiator cleaning and flushing; provision of
water, anti -freeze and other additives;
(e) Washing and polishing and sale of automotive
washing and polishing materials;
(f) Greasing and lubrication;
(g) Providing and repairing fuel pumps, oil pumps
and lines;
(h) Servicing and repair of carburetors;
(i) Adjusting and repairing brakes;
(j) Emergency wiring repairs;
(k) Motor adjustments not involving removal of
head or crankcase;
(1) Trailer rental;
(m) Provision of cold drinks, packaged foods,
tobacco and similar convenience goods for
customers, but only as accessory and inciden-
tal to the principal operation;
(n) Provision of road maps and other information
material;
(o) Provision of restroom facilities;
(p) Parking lot as an accessory use;
(q) Wrecker service; and
(r) Uses permissible at a service station do not
include body work; transmission or brake
overhauling; straightening of frames or body
parts; steam cleaning, painting, welding,
storage of automobiles not in operating con-
dition nor 'the operation of a commercial
garage as an accessory use.
11
(11) Automobile Wash or Laundry - See Car Wash.
(12) Basement - is a building story the floor line of
which is below grade at any entrance or exit but
may have at least one-half (1) of its height above
the average level of the adjoining grade level.
(13) Block - means that property abutting on one side of
a street and lying between the nearest intersecting
or intercepting streets or nearest intersecting or
intercepting street and railroad right-of-way,
waterway, or other barrier to or gap in the con-
tinuity of development along such street.
(14) Boarding -Lodging House - means a dwelling wherein
lodging or meals for three (3) or more persons, not
members of the principal family therein, is pro-
vided for compensation, but not including a
building in which ten (10) or more guest rooms are
provided.
(15) Building - is any structure built for the support,
shelter, or enclosure of persons, chattels, or
movable property of any kind. When such structure
is divided into separate parts by one (1) or more
unpierced walls extending from the ground up, each
part is deemed a separate building, except as
regards minimum side yards.
(16) Building Height - is the vertical distance from the
average contact ground level at the front wall of
the building to the highest point of the coping of
a flat roof or the deck line of a mansard roof, or
to the mean height level between eaves and ridge
for gable, hip or gambrel roofs.
(17) Building Line - a line parallel or approximately
parallel to the street line at a specific distance
therefrom marking the minimum distance from the
street line that a building may be erected.
(18) Building Official - See Administrative Official.
(19) Car Wash - is a building, or portion thereof, where
automobiles or other motor vehicles are automati-
cally or manually washed regularly as a business.
(20) Cemetery - is land used or intended to be used for
the burial of the human dead and dedicated for
cemetery purposes, including columbariums, crema-
tories, mausoleums and mortuaries, if operated in
connection with and within the boundaries of such
cemetery.
VA
(21) Certificate of Occupancy - is an official cer-
tificate issued by the building inspector which
indicates conformance with or approved conditional
waiver from the zoning regulations and authorized
legal use of the premises for which it is issued.
(22) Clinic - is a public or private, profit or nonpro-
fit facility for the reception and treatment of
outpatient persons physically or mentally ill,
injured, handicapped or otherwise in need of physi-
cal or mental diagnosis, treatment, care or similar
service.
(23) Club - is a nonprofit association of persons who
are bona -fide members, paying regular dues and are
organized for a common purpose, but not including a
group organized solely or primarily to render a
service customarily carried on as a commercial
enterprise.
(24) Club, Private (Class I) - is an establishment or
enterprise wherein activities are carried on by or
for a group or association of dues -paying members
organized for some common purpose.
(25) Club, Private (Class II) - is a club as defined
above, except such establishments shall have been
issued an alcoholic beverage permit by the Texas
Alcoholic Beverage Commission.
(26) Community Center, Public - means building and
grounds owned and operated by the governmental body
for the social, recreational, health and welfare of
the community served.
(27) Conditional Use - means any building, structure,
and use which complies with the applicable regula-
tions and standards governing conditional uses of
the zoning district in which such building, struc-
ture, and use is located and for which a permit is
granted.
(28) Convalescent (rest) Home - is a home designed for
the care of patients after they leave the hospital
but before they are released from observation and
treatment.
(29) Convenience Store - See Neighborhood Convenience
Center.
(30) Court - means an open, unoccupied space on the same
lot with a building and bounded on two (2) sides by
such building, or the open space provided for
access to a dwelling group.
d
(31) Display Sign - is a structure that is arranged,
intended, designed or used as an advertisement,
announcement or direction, including sign,
billboard and advertising device of any kind.
(32) District - means a portion of the territory of the
City of Anna within which certain uniform regula-
tions and requirements or various combinations
thereof apply under the provisions of this ordi-
nance. The term "R District" shall mean any AG,
MH, R -1L, R-1, R-2, R-3 or R-4 District; the term
"I District" shall mean any I-1 or I-2 District;
and the term "C District" shall mean any C-1 or C-2
District.
(33) Dwelling Unit - means a room or a group of rooms
including cooking accommodations, occupied by one
(1) family, and in which not more than two (2) per-
sons, other than members of the family, are lodged
or boarded for compensation at any one time.
(34) Dwelling Unit, Single -Family, Attached - means a
dwelling which is joined to another dwelling at one
(1) or more sides by a party wall or abutting
separate walls and is designed for occupancy by one
(1) family and is on a separate lot delineated by
front, rear and side lot lines.
(35) Dwelling Unit, Single -Family, Detached - means a
building containing one (1) dwelling unit and
located on a lot or separate building tract and
having no physical connection to a building on any
other lot.
(36) Dwelling Unit, Two -Family - means a building con-
taining two (2) dwelling units.
(37) Dwelling Unit, Multiple Family - means a building
containing three (3) or more dwelling units (see
apartment house).
(38) Dwelling Group - means a group or row of dwellings,
each containing one (1) or more dwelling units and
all occupying one (1) lot or site, as defined
herein, and having a court in common; including a
bungalow court or apartment court, but not
including an automobile court or automobile camp.
(39) Essential Services - means the erection, construc-
tion, alteration, or maintenance by public utili-
ties or by governmental departments or commissions
of such underground or overhead gas, electrical,
E
steam, or water transmission or distribution
systems and structures, collection, communication,
supply or disposal systems and structures,
including towers, poles, wires, mains, drains,
sewers, pipes, conduits, cables, fire alarm boxes,
police call boxes, street lights, traffic signals,
hydrants and other similar equipment, and
accessories in connection therewith, but not
including buildings or microwave radio relay struc-
tures, as are reasonably necessary for the fur-
nishing of adequate service by such public
utilities or governmental departments or com-
missions or as are required for protection of the
public health, safety, or general welfare. For the
purpose of this definition, the word "building"
does not include "structures" for essential ser-
vices.
(40) Family - means one (1) or more persons, related by
blood, marriage or adoption, occupying a dwelling
unit as a single, nonprofit housekeeping unit, but
not including a group occupying a hotel, boarding-
house, club, dormitory, fraternity or sorority
house.
(41) Farm - is an area of two (2) acres or more which is
used for the growing of usual farm products such as
vegetables, fruit, trees and grain and storage on
the area as well as the raising thereon of the
usual farm poultry and farm animals such as horses,
cattle, sheep and swine, including dairy farms with
necessary accessory uses and for treating and
storing the produce; provided, however, that the
operation of such accessory shall be secondary to
that of the normal activities; and provided further
that it does not include the commercial feeding of
offal or garbage to swine or other animals.
(42) Flood Plain - is the relatively flat low lands
adjoining the channel of a river, stream or water-
course which has been or may be covered by flood
water. Any land covered by the water of a one
hundred (100) year frequency storm is considered in
the flood plain and must comply with the engi-
neering criteria found in the comprehensive
drainage ordinance and subsequent revisions.
(43) Frontage - is all the property abutting on one (1)
side of a street between intersecting or inter-
cepting streets, or between a street and a right-
of-way, waterway', end of a dead-end street, or
village boundary measured along the street line.
An intercepting street shall determine only the
boundary of the frontage on the side of the street
10
which it intercepts. Where a lot abuts more than
one (1) street, the planning and zoning commission
shall determine the frontage for purposes of this
ordinance.
(44) Front Yard - is an open, unoccupied space on a lot
facing a street and extending across the front of
the lot between the side yard lines and being the
minimum horizontal distance between the street line
and the main building or any projection thereof
other than the projection of the usual steps or
eave overhang.
(45) Garage, Private - means an accessory building or
portion of a main building on the same lot and used
for the storage only of private passenger motor
vehicles, not more than two (2) of which are owned
by others than the occupants of the main building.
(46) Garage, Public - means a building or portion of a
building, except that herein defined as a private
garage or as a repair garage, used for the storage
of motor vehicles, or where any such vehicles are
kept for remuneration or hire; in which any sale
of gasoline, oil, and accessories is only inciden-
tal to the principal use.
(47) Garage, Repair - means a building or space for the
repair or maintenance of motor vehicles, but not
including factory assembly of such vehicles, auto
wrecking establishments or junkyards.
(48) Garden Apartment - is a multi -family dwelling unit
with not more than two and one-half (2J) stories.
The building generally has private outdoor space,
either on grade, or a private balcony.
(49) Grade - when used as a reference point in measuring
height of building the "grade" shall be the average
elevation of the finished ground at the exterior
walls of the main building.
(50) Green Belt - is a piece of land, normally relati-
vely narrow in comparison to its length, reserved
to provide for both passive and active recreation,
to function as a corridor connecting park areas, to
serve as a buffer between various land uses, or to
provide for open space. It frequently utilizes
flood plains along creeks and is often left in its
natural state.
(51) Gross Floor Area - means the living area of a
building including the walls thereof but excluding
all porches, open breezeways and garages.
11
(52) Height of Building - means the vertical distance
from the grade to the highest point of the coping
of a flat roof or to the deck line of a mansard
roof, or to a point midway between elevation of the
eaves and elevation of the ridges, for gable, hip
and gambrel roof.
(53) Home Occupation - means any occupation customarily
conducted for gain or support entirely within a
dwelling by a member or members of a family while
residing therein, and which is clearly incidental
and secondary to the residential use of the premi-
ses and does not change the character thereof.
(54) Hospital - may be a public or private, profit or
nonprofit institution for the reception and treat-
ment of the physically or mentally handicapped,
sick or injured, and shall be distinguished by its
in-patient facilities. It may also be an institu-
tional sanctuary for the reception of the aged, or
for the physically or mentally ill, retarded,
infirm or deficient. Permitted accessory uses
shall include medical and psychiatric clinics, doc-
tors' offices, sale of medical and surgical spe-
cialties and supplies, crutches, artificial members
and appliances, training in the use of artificial
members and appliances, patient and out-patient
services, pharmacies and similar uses; provided,
however, that any such accessory use is so use -wide
related to the principal use as to be in fact an
integral part of the total purpose and is incor-
porated within the same building or building
complex; and provided further, that the floor area
occupied by all accessory uses does not exceed one-
third (1/3) of the total floor area. Whether or
not a questionable use is "similar" or an
"integral" part of the total purpose shall be sub-
ject to determination by the city council.
Hospital related x-ray and laboratory facilities
shall not be considered accessory uses in com-
putation or area occupancy.
(55) Hotel - means a building or portion thereof in
which ten (10) or more guest rooms are provided for
occupancy for compensation by transient guests.
(56) Industry - is the storage, repair, manufacture,
preparation or treatment of any article, substance
or commodity.
12
(57) Junkyard or Salvage Yard - means any area used for
the storage, keeping or abandonment of junk,
including scrap metals or other scrap materials or
goods, or used for the dismantling, demolition or
abandonment of automobiles or other vehicles or
machinery, or parts thereof.
(58) Kennel - is any structure or premises on which more
than three (3) dogs over six (6) months of age and
seven (7) dogs under six (6) months of age are
kept.
(59) Land Use Plan - is the long-range plan for the
desirable use of land in the City of Anna as offi-
cially adopted and as amended from time to time by
the city council; the purpose of such plan being,
among other things, to serve as a guide in the
zoning and progressive changes in the zoning of
land to meet the changing needs, in the subdividing
and use of undeveloped land, and in the acquisition
of rights-of-way or sites for public purposes such
as streets, parks, schools and public buildings.
(60) Loading Space - is an off-street space or berth on
the same lot with a building or contiguous to a
group of buildings for the temporary parking of a
commercial vehicle while loading or unloading
merchandise or materials, and which abuts upon a
street, alley or other appropriate means of access.
(61) Lodginghouse - means the same as a boardinghouse.
(62) Lot - means the entire parcel of land occupied or
to be occupied by a main building and its accessory
buildings, or by a group such as a dwelling group
or automobile court and their accessory buildings,
including the yards and open spaces required there-
fore by this title and other applicable law.
(63) Lot, Corner - means a lot abutting on two (2)
intercepting or intersecting streets where the
interior angle of intersection or interception does
not exceed one hundred thirty-five degrees (135°).
(64) Lot Coverage - the percentage of the total area of
a lot occupied by the base (first story or floor)
of buildings located on the lot.
(65) Lot, Interior - means a lot other than a corner
lot.
(66) Lot, Lines - means the property lines bounding the
lot as defined herein.
13
(67) Lot, Through - means a lot having its front and
rear lines on different streets, or having its
front or rear line on a street and the other line
on a river, lake, creek or other permanent body of
water.
(68) Lot Depth - means the average depth from the front
line of the lot to the rear line of the lot.
(69) Lot Width - means the width measured at a distance
back from the front line equal to the minimum depth
required for a front yard. '
(70) Lot of Record - is a lot which is part of a sub-
division, the plat of which has been recorded in
the office of the County Clerk of Collin County, or
a parcel of land, the deed for which was recorded
in the Office of the County Clerk, Collin County,
prior to January 1, 1986.
(71) Main Building - means a building in which is con-
ducted the principal use of the lot on which it is
situated.
(72) Manufactured Home, HUD Code - means a structure
constructed on or after June 15, 1976, according to
the rules of the United States Department of
Housing and Urban Development, transportable in one
or more sections, which, in the traveling mode, is
eight body feet or more in width or 40 body feet or
more in length, or, when erected on site, is 320 or
more square feet, and which is built on a permanent
chassis and designed to be used as a dwelling with
or without a permanent foundation when connected to
the required utilities, and includes the plumbing,
heating, air conditioning and electrical systems.
References in this ordinance to "mobile home(s)"
shall be taken to be references to HUD Code manu-
factured home(s). Mobile homes, as defined in the
Manufactured Housing Standards Act, Article 5221f,
Section 3(a), V.T.C.S., shall not be used as
dwelling units within the corporate limits of the
City of Anna.
(73) Mobile Home - See "Manufactured Home, HUD Code."
(74) Mobile Home Park or Subdivision - means a parcel of
land which is owned by an individual, a firm,
trust, partnership, public or private association
or corporation, and has been developed for rental
14
or sale of lots to persons with HUD Code manufac-
tured homes (mobile home).
(75) Mobile Home Lot - means that part of a parcel of
land (mobile home site) in a mobile home park which
has been reserved for the placement of one (1)
HUD Code manufactured home (mobile home).
,(76) Modular Home - means a dwelling that is constructed
in one or more modules at a location other than the
homesite, or is constructed utilizing one or more
modular components, and which is designed to be
used as a permanent residence when the modular com-
ponents or modules are transported to the homesite
and are joined together, or are erected and
installed on a permanent foundation system. The
term includes the plumbing, heating, air con-
ditioning and electrical systems. It is expressly
provided, however, that the term modular home shall
not mean nor apply to:
(a) housing constructed of sectional or panelized
systems not utilizing modular components;
(b) 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; or
(c) any dwelling constructed in modules incor-
porating concrete as the basic and predominant
structural component.
(77) Motel - means a building or a group of two (2) or
more buildings containing guest rooms or apartments
with automobile storage space provided in connec-
tion therewith, and used primarily for the accom-
modation of of automobile travelers, including
groups designated as auto cabins, motor lodges,
motor courts, motels, and similarly designated
groups.
(78) Neighborhood Convenience Center - means centers
which carry convenience goods, such as groceries,
drugs, hardware, and some variety items, and also
includes some service stores. The neighborhood
convenience center may contain one (1) or two (2)
small apparel or shoe stores, but it is clearly
15
dominated by convenience goods, which are items of
daily consumption and very frequent purchase, some-
times called "spot necessity" items. This neigh-
borhood serving store group is within convenient
walking distance of families served (within con-
venient driving range in low-density areas), with
due consideration for pedestrian access and amenity
of surrounding areas.
(79) Nonconforming Use - means use of a building or land
which existed previously that does not conform to
the present regulations as to use for the district
in which it is situated.
(80) Nursing Home is a home where ill or elderly people
are provided with lodging and meals with or without
nursing care.
(81) Open Space - is that part of any lot or tract that
is used for recreational purposes, both passive and
active, but not including areas used for parking or
maneuvering of automobiles, or drives or approaches
to and from parking areas. Floodplains, or 50 per-
cent of any standing surface water, may be con-
sidered as open space, provided such open space is
contiguous and part of the platted lot and is main-
tained and utilized in the same manner and to the
same degree as all other open space areas as
designated on the site plan as filed with the
building permit application.
(82) Parking Area, Private - means a permanently sur-
faced open area for the same uses as a private
garage.
(83) Parking Area, Public - means a permanently surfaced
open area, other than street, or other public way,
used for parking of automobiles and available to
the public for a fee, free, or as an accommodation
for clients or customers.
(84) Parking Space - means a permanently surfaced area
not less than one hundred eighty (180) square feet
(measured approximately nine (9) feet by twenty
(20) feet) either within a structure or in the
open, not on public right-of-way, exclusive of dri-
veways or access drives, for the parking of one (1)
vehicle.
16
(85) Planned Development - shall mean land under unified
control, planned and developed as a whole; in a
single development operation or a definitely
programmed series of development operations,
including all lands and buildings; for principal
and accessory structures and uses substantially
related to the character of the district;
according to comprehensive and detailed plans which
include not only streets, utilities, and lots or
buildings sites, but also site plans, floor plans,
and elevations of all buildings as intended to be
located, constructed, used, and related to each
other, and detailed plans for other uses and impro-
vements on the land as related to the buildings;
and with a program for provision, operation and
maintenance of such areas, improvements, facili-
ties, and services as will be for common use by
some or all of the occupants of the district, but
will not be provided, operated, or maintained at
general public expense.
Planned development is both a concept and a zoning
classification which may include, in addition to
planned unit development, commercial, shopping
center, and industrial uses or combination thereof,
which may be intended to serve areas within the
district and areas without the district.
(86) Private Garage - is an accessory building housing
vehicles owned and used by the occupant of the main
building; if occupied by vehicles of others, it is
a storage space.
(87) Rear Yard means the required rear yard is an open
space unoccupied and unobstructed except for
accessory uses extending across the rear of a lot
from one side lot line to the other side lot line,
the depth of which is dependent upon the zoning
district in which the lot is located.
(88) Recreational Vehicle is a vehicular, portable
structure designed to be transported over the high-
ways and containing living or sleeping accom-
modations, such structure being designed and
actually used as a temporary dwelling during travel
for recreation and pleasure purposes, and not
exceeding eight (8) feet in width and not exceeding
twenty-two (22) feet in length.
17
(89) Rooming House - is a dwelling occupied by a resi-
dent family or resident occupant and three (3) or
more rent -paying persons.
(90) School, Business or Trade - means a business orga-
nized to operate for a profit and offering instruc-
tion and training in a service or art such as a
secretarial school, barber college, beauty school
or commercial art school.
(91) School, Elementary and High - means an institution
of learning which offers instruction in several
branches of learning and study required to be
taught in the public schools. High schools include
junior and senior grades.
(92) Screening Element (Device) - or suitably screened
as herein referred, shall mean any of the
following:
(a) Any solid material constructed of brick,
masonry, or of a concrete or metal frame, or
wood or base which supports a permanent type
material, the vertical surface of which is not
more than 30 percent open; or
(b) Any dense evergreen hedge or plant material
suitable for providing a visual barrier, for
which such material shall be maintained in a
healthy growing condition.
(c) Landscaped earth berms may, when appropriate
in scale, be considered and used as a
screening element in lieu of a fence, wall,
hedge, or other dense planting material.
(93) Service Stations - See Automobile Service Station.
(94) Shopping Center - is an area consisting of one (1)
acre or more arranged according to a site plan to
be submitted to and to be approved by the planning
and zoning commission and the city council on which
is indicated the amount of land to be devoted to
the shopping center, the detailed arrangement of
various buildings, parking area, streets and type
of zoning desired. The installation of all utili-
ties, drainage structure, paving of streets,
parking area, alley and installation of sidewalks
shall be in accordance with the City of Anna speci-
fications for each type of improvement.
E�
(95) Story - means that portion of a building included
between the surface of a floor and the surface of a
floor next above it, or if there is no floor above
it, then the portion of the building between the
surface of a floor and the ceiling or roof above
it. A basement shall be counted as a story for the
purposes of height regulations, if the vertical
distance from grade to the ceiling is more than
seven (7) feet.
(96) Story, Half - means the topmost story under a
gable, hip, or gambrel roof, the wall plates of
which on at least two (2) opposite exterior walls
are not more than two (2) feet above the floor of
such story.
(97) Street - means a public or private throughfare
which affords the principal means of access to
abutting property.
(98) Structural Alteration - means any change, addition,
or modification in construction in the supporting
members of a building, such as exterior walls,
bearing walls, beams, columns, foundations, gir-
ders, floor joists, roof joists, rafters, or
trusses.
(99) Towers (Radio, Television or Microwave - means
structures supporting antennae for transmitting or
receiving any of the radio spectrum, but excluding
noncommercial antennae installations for home use
of radio.
(100) Tourist Home - is a building or part thereof, other
than hotel, boarding house, lodging house, or
motel, where lodging is provided by a resident
family in home for compensation, mainly for tran-
sients.
(101) Trailer (including automobile trailer and trailer
coach) - is any vehicle or structure constructed in
such a manner as to permit occupancy thereof as
sleeping quarters or the conduct of any business,
trade, or occupation or use as a selling, or adver-
tising device, or use for storage or conveyance of
tools, equipment, and machinery and so designed
that it is or may be mounted on wheels and used as
a conveyance on highways and streets, propelled or
drawn by its own or other motor power.
L7
(102) Trailer Park - means any lot or part thereof or any
parcel of land which is used or offered as a loca-
tion for one (1) or more trailers.
(103) Thoroughfare - means an officially designated
federal or state numbered highway or county or
other road or street designated as a primary
thoroughfare on the official thoroughfare plan of
the City of Anna.
(104) Thoroughfare Plan - means the official thoroughfare
plan of the City of Anna adopted by the city coun-
cil establishing the location and official right-
of-way width of principal highways and streets in
the city, together with all amendments thereto sub-
sequently adopted.
(105) Townhouse or Row House - means three (3) or more
dwelling units attached by common vertical walls.
(106) Use - means the purpose for which land or a
building or structure thereon is designed,
arranged, intended or maintained or for which it is
or may be used or occupied.
(107) Use, Accessory - means a subordinate use on the
same lot with the principal use and incidental and
accessory thereto.
(108) Used Car Lot - is a lot or tract of land used for
the sale or display for sale of two (2) or more
previously owned motor vehicles including but not
limited to passenger automobiles, motorcycles,
trucks, dune buggies and other types of motor
vehicles designed for use upon the public roads or
for pleasure off public roads but not including
farm implements, mobile homes, campers and
recreational vehicles, or construction equipment
such as cranes, bulldozers and related equipment
and trucks over one ton capacity.
(109) Vehicle Service Center - means a center for the
repair and maintenance of, or diagnosis upon, motor
vehicles, including tire installation, but not
including the sale of gasoline, body work, or spray
painting.
(110) Yard - means an open space, other than a court, on
the same lot with a building.
(111) Yard, Front - means a yard extending across the
full width of a lot and having a depth equal to the
shortest distance between the front line of the lot
0
and the nearest portion of the main building,
including an enclosed or covered porch, provided
that the front yard depth shall be measured from
the future street line for a street on which a lot
fronts, when such line is shown on the official map
or is otherwise established.
(112) Yard, Rear - means a yard extending across the full
width of a lot and having a depth equal to the
shortest distance between the rear line of the lot
and the main building.
(113) Yard, Side - means a yard between the side line of
the lot and the main building extending from the
front yard to the rear yard and having a width
equal to the shortest distance between said side
line and the main building.
(114) Zoning Map - means the official zoning map of the
City of Anna together with all amendments sub-
sequently adopted.
SECTION 5: GENERAL PROVISIONS
A. ESTABLISHMENT OF DISTRICTS
A„,Nw
For the purpose of this ordinance, the City ofeelina-,
Texas, is hereby divided into twelve (12') districts as
follows:
AG
- Agricultural District
R-11,
- Single -Family Residential -
R-1
- Single -Family Residential
R-2
- Two Family Residential
R-3
- Multiple Family Residential
R-4
- Multiple Family Residential
C-1
- Restricted Commercial
C-2
- General Commercial
I-1
- Light Industrial
I-2
- Heavy Industrial
MH
- Mobile Home Park District
PD
- Planned Development District
21
Large Lot
- Low Density
- High Density
E
C
0
E
F.
FLOODPLAIN DESIGNATION OVERLAY
Notwithstanding the foregoing, there shall be a district
known as a "FP" floodplain district which may be coex-
tensive with or overlap any or all of the foregoing
districts or portions thereof and any tract of land or
portion thereof may, at the same time, be zoned for the
uses in one of the foregoing districts and be zoned "FP"
floodplain.
Where a tract of land or portion thereof is zoned for
the uses of one of the foregoing districts and is also
zoned "FP" floodplain, the restrictions contained in the
"FP" floodplain district shall be applicable to said
tract or portion thereof and shall take precedence over
the other zoning districts.
OFFICIAL ZONING MAP
The city is hereby divided into zones, or districts, as
shown on the official zoning map, which together with
all explanatory matter thereon, is in existence and is
hereby adopted and declared to be a part of this ordi-
nance.
MAP CERTIFIED
The official zoning map shall be identified by the
signature of the mayor, attested by the city clerk and
bearing the seal of the city under the following words:
"This is to certify that this is the
official zoning map adopted as part of
Ordinance No. of the City of Anna.
LOCATION OF MAP
The official zoning map shall be in the custody of and
shall remain on file in the office of the city admi-
nistrator.
PUBLIC INSPECTION OF MAP
The official zoning map shall be available for public
inspection for all matters which are of public record.
22
G
H.
H
AMENDMENT OF OFFICIAL ZONING MAP
When changes are made in district boundaries or other
matter portrayed on the official zoning map, such
changes shall be entered on the official zoning map
promptly after the amendment has been approved by the
city council. No amendment to this chapter which
involves matters portrayed on the official zoning map
shall become effective until after council approval and
after such change has been made to said map.
OFFICIAL ZONING MAP REPLACEMENT
The city council may by ordinance adopt a new official
zoning map should the original reproducible tracing of
the official zoning map be damaged, destroyed, lost or
become ambiguous because of the nature or number of
changes and additions. The new official zoning map may
correct drafting or other errors or omissions in the
prior official zoning map or any subsequent amendment
thereof. The new official zoning map shall be iden-
tified by the signature of the mayor attested by the
city clerk, and bearing the seal of the city under the
following words:
"This is to certify that this official
zoning map supersedes and replaces the
official zoning map adopted
as a part
of the Zoning Ordinance of the City of
Anna, Texas.
INTERPRETATION
(1) When the district boundaries are either roads or
streets, unless otherwise shown, and where the
designation of the district map indicates that the
various districts are bounded by a road or street
line, the center line of such road or street shall
be construed to be the district boundary line.
(2) Where the district boundaries are not otherwise
indicated and where property has been subdivided
into lots and blocks, the subdivision boundaries
shall be construed to be the boundary of the
district.
(3) Where the district boundaries are not otherwise
indicated for unsubdivided property, the district
boundaries are property lines.
23
(4) Where district boundaries are disputed or not
otherwise clearly designated, or where the physical
or structural features are at variance with the
official zoning map or in other circumstances not
covered in this section, the city council shall
interpret the district boundaries.
J. RULES FOR WORDS AND PHRASES
For the purposes of this ordinance, words used in the
present tense include the future tense; words in the
singular number include the plural number, and words in
the plural number include the singular number; the word
"shall" is mandatory, not directory; the word "may" is
permissive; the word "person" includes a firm, asso-
ciation, organization, partnership, trust, foundation,
company, or corporation as well as an individual; the
word "used" includes designed and intended or arranged
to be used; the word "building" includes the word
"structure"; the word "lot" includes "building lot" or
parcel. Wherever this ordinance imposes a greater
restriction than imposed by other ordinances, laws, or
regulations, the provisions of this ordinance shall
govern.
K. COMPLIANCE WITH REGULATIONS
The regulations set by the ordinance within each
district shall be minimum regulations and shall apply
uniformly to each class and kind of structure or land,
except as hereinafter provided.
(1) No building, structure, or land shall hereafter be
used or occupied, and no building or structure or
part thereof shall hereafter be erected, repaired,
moved, or structurally altered except in conformity
with all of the regulations herein specified for
the district in which it is located.
(2) No building or other structure shall hereafter be
erected or altered to exceed the height or bulk, to
accommodate or house a greater number of families,
or to occupy a greater percentage of lot area than
that specified for the district in which it is
located.
(3) No building or other structure shall have narrower
or smaller rear yards, front yards, side yards, or
24
other open spaces than herein required or in any
other manner contrary to the provisions of this
Ordinance.
(4) No part of a yard, other open space, off-street
parking or loading space required about or in con-
nection with any building for the purpose of
complying with this section shall be included as a
part of a yard, open space, off-street parking, or
loading space similarly required for any other
building.
L. STRUCTURES TO HAVE ACCESS
Every building hereafter erected or moved shall be on a
lot adjacent to a public street or with access to an
approved private street, and all structures shall be so
located on lots as to provide safe and convenient access
for servicing, fire protection, and required off-street
parking.
M. VISIBILITY AT INTERSECTIONS
On a corner lot, nothing shall be erected, placed,
planted, or allowed to grow in such a manner as
materially to interfere with traffic visibility across
the corner. This visibility area shall be a triangle
measured twenty feet (20') from the point of right-of-
way line intersection. All objects on the ground in
said triangle should not exceed two and one-half feet
(21') in height and vegetation should not droop to less
than ten feet (101) from the ground.
N. FENCES, WALLS, AND HEDGES
Except as provided by other sections of this chapter, a
fence, wall, or hedge may be erected, placed, main-
tained, or grown along a lot line or residentially -zoned
property to a height not exceeding eight feet (8') above
the ground level. The city council may grant a variance
from this subsection after a public hearing if it is
found that such action is within the general purpose and
intent of this chapter.
25
0. HEIGHT AND AREA EXCEPTIONS
The regulations contained herein relating to the height
of buildings or structures and the size of yards and
other open spaces shall be subject to the following
exceptions:
(1) Churches, schools, and other public and quasi -
public buildings may be erected to a height not
exceeding sixty feet (60') or five (5) stories,
provided the front, side, and rear yards required
in the district in which such a building or struc-
ture is to be located are each increased at least
one foot (11) for each foot of additional height
above the height otherwise established for the
district in which such building or structure is to
be located.
(2) Chimneys, cooling towers, church steeples or
spires, tanks, water towers, television antennas,
microwave radio relay or broadcasting towers, mast
or aerials and necessary mechanical appurtenances
are hereby excepted from the height regulations of
this chapter, subject to prior approval of the city
council.
(3) When a lot has an area less than the minimum number
of square feet per family, as required for the
district in which it is located, and was of record
as such at the time of the passage of this ordi-
nance, such lot may be occupied by one (1) family
subject to the setback, rear yard, and side yard
regulations for the district in which it is located.
P. HOME OCCUPATIONS
The purpose of the home occupation provisions is to per-
mit the conduct of home occupations which are compatible
with the neighborhoods in which they are located. Home
occupations are a permitted accessory use in all resi-
dential districts and are subject to the requirements of
the district in which the use is located, in addition to
the following:
(1) Only the members of the immediate family occupying
the dwelling shall be engaged in the home
occupation.
(2) The home occupation shall be conducted only within
the enclosed area of the dwelling unit or the
garage.
26
(3) No more than twenty-five percent (25%) of the area
of one (1) story of the principal building shall be
devoted to the home occupation.
(4) There shall be no exterior alterations which change
the character thereof as a dwelling and/or exterior
evidence of the home occupation other than those
signs permitted in the district.
(5) No storage or display of materials, goods,
supplies, or equipment related to the operation of
the home occupation shall be visible outside any
structure located on the premises.
(6) No use shall create smoke, glare, noise, dust,
vibration, fire hazard, small electrical inter-
ference or any other nuisance not normally asso-
ciated with the average residential use in the
district.
(7) The home occupation shall not create any increase
in vehicular flow or parking by more than two (2)
additional vehicles at a time and shall not create
greater pedestrian traffic than normal for the
district.
(8) No home occupation shall cause an increase in the
use of any one (1) or more utilities beyond the
average of the residences in the neighborhood.
(9) No more than one (1) advertising sign with a maxi-
mum of four (4) square feet of a nonilluminating
nature may be placed on the main building.
(10) Examples of home occupations:
The following are examples of uses which can often
be conducted within the limits of this section.
Uses listed in this paragraph do not automatically
qualify as a home occupation nor does this listing
limit the uses which may qualify as home occupa-
tions: handicraft, dressmaking, preserving,
accountant, artist, author, consultant, individual
tutoring, millinery, and real estate, insurance.
(11) Prohibited uses:
The following uses have a tendency to increase
beyond the provisions for home occupations and
thereby impair the character of residential areas.
Therefore, the uses specified shall not be per-
mitted as accessory uses in residential districts;
27
auto repairs, painting of vehicles or boats, bar-
bershop, beauty shop, private schools, photo stu-
dios, dance instruction, television repair, and
child day care center.
(12) Interpretation of home occupations:
The city council shall interpret the provsions of
this section to determine the validity of a home
occupation. A use considered not within the scope
of the home occupation provisions shall be subject
to the provisions of the commercial zones of this
Ordinance.
SECTION 6: CONDITIONAL USES
A. STANDARDS
No application for a conditional use shall be granted by
the city council unless such council finds all of the
following conditions are present:
(1) That the establishment, maintenance, or operation
of the conditional use will not be materially
detrimental to or endanger the public health,
safety, morals, or general welfare;
(2) That the uses, values and enjoyment of other pro-
perty in the neighborhood for purposes already
permitted shall be in no foreseeable manner
substantially impaired or diminished by the
establishment, maintenance, or operation of the
conditional use;
(3) That the establishment of the conditional use will
not significantly impede the normal and orderly
development and improvement of the surrounding pro-
perty for uses permitted in the district;
(4) That adequate utilities, access roads, drainage and
other necessary site improvements have been or are
being provided;
(5) That adequate measures have been or will be taken
to provide ingress or egress so designed as to
minimize traffic congestion in the public streets;
and
(6) That the conditional use shall conform to all
applicable yard area regulations of the district in
which it is located.
B. CONDITIONS AND GUARANTEES
Prior to the granting of any conditional use, the city
council may stipulate such conditions and restrictions
upon the establishment, location, construction, main-
tenance, and operation of the conditional use as deemed
necessary to protect the public health, safety and
general welfare of the community and to secure
compliance with the standards and requirements specified
in subsections (1) through (6) of Section 6.A. In all
cases in which conditional uses are granted, the board
shall require such evidence and guarantees as it may
deem necessary as proof that the conditions stipulated
in connection therewith are being and will be complied
with.
SECTION 7: ANNEXED TERRITORY
A. ANNEXED TERRITORY TO BE ZONED AG
All territory hereafter annexed to the City of Anna
shall be temporarily classified as AG Agricultural
District until permanent zoning is established by the
city council, except as provided in Section 7.0 below.
The procedure for establishing permanent zoning on
annexed territory shall conform to the procedure
established by law for the adoption of the original
zoning regulations.
B. REGULATIONS FOR TEMPORARY AG DISTRICTS
In an area temporarily classified as AG:
(1) No person shall erect, construct or add to any
building or structure or cause same to be done in
any newly annexed territory without first applying
for and obtaining a building permit or certificate
of occupancy from the building official or city
council as required herein.
29
(2) No permit for the construction of a building or use
of land shall be issued other than a permit which
will allow construction of a building permitted in
AG district(s) unless and until such territory has
been classified in a zoning district other than an
agricultural district.
(3) An application for a permit for any use other than
that specified above shall be made to the zoning
administrative official and by him referred to the
Planning and Zoning Commission for consideration
and recommendation to the city council. The
Planning and Zoning Commission in making its recom-
mendation shall take into consideration the
appropriate land use for the area and the overall
plans for the city. The city council, after
receiving and reviewing the recommendations of the
Planning and Zoning Commission may, by majority
vote, authorize the issuance of a building permit
or certificate of occupancy or may disapprove the
application as their findings may indicate
appropriate in the public interest.
C. CONCURRENT REZONING AND ANNEXATION
Application(s) for permanent zoning of a newly annexed
area may be considered by the city at the same time as
the area is being considered for annexation, although
annexation procedures must be completed prior to any
final zoning actions by the city council.
SECTION 8: CLASSIFICATION OF NEW AND UNLISTED USES
It is recognized that new types of land use will develop
and forms of land use not anticipated may seek to locate
in the City of Anna. In order to provide for such
changes and contingencies, a determination as to the
appropriate classification of any new or unlisted form
of land use shall be made as follows:
(1) The zoning administrative official shall refer the
question of any new or unlisted use to the Planning
and Zoning Commission requesting an interpretation
as to the zoning classification into which such use
should be placed. The referral of the use inter-
pretation question shall be accompanied by a state-
ment of facts listing the nature of the use and
whether it involves dwelling activity, sales, pro-
cessing, type of product, storage, and amount or
30
nature thereof, enclosed or open storage, antici-
pated employment, transportation requirements, the
amount of noise, odor, fumes, toxic material and
vibration likely to be generated and the general
requirements for public utilities such as water and
sanitary sewer.
(2) The Planning and Zoning Commission shall consider
the nature and described performance of the pro-
posed use and its compatibility with the uses per-
mitted in the various districts and after public
hearing determine the zoning district or districts
within which such use should be permitted.
(3) The Planning and Zoning Commission shall transmit
its findings and recommendations to the city coun-
cil as to the classification proposed for any new
or unlisted use. The city council may approve the
recommendation of the Planning and Zoning
Commission or make such determination concerning
the classification of such use as is determined
appropriate after giving consideration to the facts
and recommendations.
SECTION 9: AG AGRICULTURAL DISTRICT
A. PURPOSE
The AG District is intended to be used primarily in
areas where agricultural uses should be retained, where
scattered nonfarm growth should be prevented, and as a
temporary classification for newly annexed lands.
B. USES PERMITTED
The following uses shall be permitted:
(1) Agriculture. Any customary agricultural use,
building, or structure including nurseries,
greenhouses, orchards, truck farms and animal
farms.
(2) Residential. Single-family detached dwellings.
31
(3) Institutional. Churches and parish houses; ceme-
teries and crematories for the human dead;
school(s) and colleges, including dormitories;
public buildings and structures of the
recreational, cultural, administrative and public
service type; parks, playgrounds, neighborhood
recreational centers.
(4) Private recreation. Private noncommercial
recreation areas, including country clubs, riding
stables, swim clubs, and similar uses.
(5) Dairies and related establishments for processing
milk products, not including retailing.
(6) Public utilities and railroad right-of-way and
tracks not including terminals, railroad yards,
reservoirs, water towers, pumping plants, or
storage yards.
C. CONDITIONAL USES
The following uses shall be permitted only if expressly
authorized by the city council:
(1) Hospitals for human care and veterinary hospitals
of any kind provided that the hospital grounds
shall be distant at least two hundred (200) feet
from any residential district.
(2) Disposal of garbage and refuse, including sanitary
landfills'and sewage disposal by the county or city
or their authorized agents, subject to health
department approval.
(3) Utility stations and commumications. Static trans-
former stations, booster stations, transmitters and
utility stations, when operating requirements
necessitate locating in the district; provided
there is no yard or garage for service or storage,
and provided further that the premises upon which
utility station is erected and maintained shall be
appropriately landscaped and screened so as to be
in harmony with the general appearance of the
neighborhood and not objectionable as to noise,
odor, vibration or other disturbances.
(4) Radio and television transmitter tower.
(5) Essential services. Defined in Section 4.A(39).
32
D. ACCESSORY USES
Accessory uses, buildings, or structures customarily
incidental to any aforesaid permitted or conditionally
permitted uses, including the following:
(1) Temporary fruit stands on any premises used for
agricultural purposes.
(2) Parking facilities. Garages, carports, or other
parking spaces for the exclusive use of residents
of the premises in accordance with Section 25.
(3) Swimming pools.
E. AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS
The requirements regulating the minimum lot size, mini-
mum yard sizes (front, side, and rear) maximum building
height (stories and feet), and maximum percent of lot
coverage by buildings, as pertains to this district,
shall conform with the provisions of Section 22,
"Schedule of District Regulations" and other applicable
provisions of Section 23, "Supplementary District
Regulations."
SECTION 10: R -1L SINGLE FAMILY RESIDENTIAL - LARGE LOT
A. PURPOSE
The R -1L District is established to allow for larger
lots with one (1) family dwelling structures per lot.
This district is intended to provide for residential
lands to accommodate more rural settings and accessory
yard uses. These lots should be generally located in
groups, blocks, or areas where the accessory uses of the
land do not either materially or in an obnoxious manner
influence neighboring properties.
B. USES PERMITTED
The following uses shall be permitted:
(1) One family dwellings.
33
(2) Agricultural uses, but not including commercial
dairies, commercial dog kennels, commercial
hatcheries, and commercial mink, fox, or other fur -
bearing animal farms and rat farms. Buildings and
structures used for sheltering or feeding livestock
shall be located not less than twenty-five feet
(251) from any adjoining lot in the residence
district. All residences shall assure that
livestock or pets shall not physically damage
shrubbery, fences, or other property of neighbors,
that sanitation shall be practiced, and that noise,
odor, commotion, and other activity attributed to
livestock shall not unduly damage the character of
the area.
(3) Churches, parishes, convents.
(4) Parks and playgrounds.
(5) Accessory uses, including but not limited to, the
following:
(a) Athletic field and playfields, noncommercial
including stadiums or grandstands.
(b) Dwelling units and lodging rooms in detached
buildings for persons regularly employed on the
premises and the employees' immediate
families.
(c) Dwellings appurtenant to a principal agri-
cultural use.
(6) Accessory uses clearly appurtenant and secondary to
the principal use within the district, but not of a
business nature.
1� 619MI 12"to]iUMMMIYM
The following conditional uses may be allowed in an R -1L
District subject to the provisions of Section 6.
(1) Public utility and public service uses as follows:
(a) Electric substations.
(b) Gas odorizing stations and gate stations.
(c) Radio and television towers.
34
(d) Railroad right-of-way, but not including
railroad yards and shops, freight and service
buildings, or right-of-way for switch, lead,
spur, or team tracks.
(e) Telephone exchanges and transmission equipment
buildings.
(f) Privately owned water pumping stations and
water reservoirs.
(2) Outdoor recreational premises, clubs and grounds
for swimming, tennis, boating, horse riding,
skiing, and other sports. Accessory clubhouses and
maintenance buildings.
(3) Home and professional occupations.
D. AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS
The requirements regulating the minimum lot size, minimum
yard sizes (front, side, and rear) maximum building
height (stories and feet), and maximum percent of lot
coverage by buildings, as pertains to this district,
shall conform with the provisions of Section 22,
"Schedule of District Regulations" and other applicable
provisions of Section 23, "Supplementary District
Regulations".
E. AUTOMOBILE PARKING SPACE REGULATIONS
For automobile parking requirements, see Section 25.
SECTION 11:
A. PURPOSE
R-1 SINGLE FAMILY RESIDENTIAL
This district is the predominant single family housing
district in the city. Unless otherwise specified or
requested, all residentially suited areas presently
undeveloped should be zoned in this district.
Development in the R-1 district is limited primarily to
single family dwellings and certain community and
recreational facilities to serve residents of the
district.
35
B. USES PERMITTED
The following uses shall be permitted:
(1) One -family dwellings.
(2) Churches, parish houses, convents.
(3) Parks and playgrounds.
(4) Accessory uses, including but not limited to, the
following:
(a) Athletic fields and playfields, noncommercial,
including stadiums and grandstands.
(b) Temporary buildings for storage of building
materials and equipment and construction pur-
poses when on the same or adjoining lot as the
principal use for a period not to exceed the
duration of such construction.
C. CONDITIONAL USES
The following conditional uses may be allowed in the R-1
District, subject to the provisions of Section 6.
(1) Public utility and public services uses as follows:
(a) Electric substations.
(b) Gas odorizing stations and gate stations.
(c) Railroad right-of-way, but not including
railroad yards and shops, freight and service
buildings, or rights-of-way for switch, lead,
spur or team tracks.
(d) Telephone exchanges and telephone transmission
equipment buildings.
(e) Privately owned water pumping stations and
water reservoirs.
(2) College and universities, provided that the zoning
lot shall be not less than forty (40) acres.
(3) Home and professional occupations.
36
D. AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS
The requirements regulating the minimum lot size, mini-
mum yard sizes (front, side, and rear), maximum building
height (stories and feet), and maximum percent of lot
coverage by buildings, as pertains to this district,
shall conform with the provisions of Section 22,
"Schedule of District Regulations" and other applicable
provisions of Section 23, "Supplementary District
Regulations."
E. AUTOMOBILE PARKING SPACE REGULATIONS
For parking space requirements, see Section 25.
SECTION 12: R=2 TWO FAMILY RESIDENTIAL
A. PURPOSE
The R-2, one and two family dwelling district is
established to stabilize and protect characteristics of
low density residential areas. This district may be
suitable as a buffer zone between single family and
higher intensity uses. Development in the R-2 District
is limited primarily to single-family and two-family
dwellings and certain community and recreational facili-
ties to service residents of the district.
B. PERMITTED USES
The following uses shall be permitted:
(1) Any use permitted in the R -1L District;
(2) Two-family dwellings with additional lot area(s)
required herein.
C. CONDITIONAL USES
Permitted conditional uses shall be any use allowed as a
conditional use in the R-1 District, subject to the pro-
visions of Section 6.
37
D. AREA; YARD; IiEIGHT; AND LOT COVERAGE REQUIREMENT
The requirements regulating the minimum lot size, mini-
mum yard sizes (front, side, and rear), maximum building
height (stories and feet), and maximum percent of lot
coverage by buildings, as pertains to this district,
shall conform with the provisions of Section 22,
"Schedule of District Regulations" and other applicable
provisions of Section 23, "Supplementary District
Regulations".
E. AUTOMOBILE PARKING SPACE REGULATIONS
For parking space requirements, see Section 25.
SECTION 13: R-3 MULTIPLE FAMILY RESIDENTIAL - MEDIUM
DENSITY
A. PURPOSE
The R-3 District is established to meet the needs for
medium density residential areas where such development
is in concert with area aesthetics, is environmentally
sound, is compatible to the neighborhood, and promotes
the character of the community.
B. USES PERMITTED
The following uses shall be permitted:
(1) Multiple family dwellings and clustered multiple
family dwellings, which clustered multiple family
dwellings have a site plan approved by the planning
and zoning commission for the particular project in
which they are proposed;
(2) Two-family dwelling units;
(3) Private schools: nursery, elementary, junior high,
high school, vocational school and day care
centers;
(4) Churches, parish houses, convents;
(5) Country clubs, tennis courts, and such additional
recreational uses - as are for private recreation
Em
C.
C
EE
purposes or private club recreational purposes.
Clubhouses and maintenance buildings shall be
located not less than two hundred feet (200') from
any adjacent lot in an adjoining residence
district;
(6) Parks and playgrounds;
(7) Accessory uses, including but not limited to the
following:
(a) Athletic fields and playfields, noncommercial,
including stadiums and grandstands;
(b) Temporary buildings for storage of building
materials and equipment and construction pur-
poses, when on the same or adjoining lot as
the principal use, for a period not to exceed
the duration of such construction;
(8) Existing one -family dwelling units used as such on
the effective date of this ordinance.
CONDITIONAL USES
The following conditional uses may be allowed in the R-3
District subject to the provisions of Section 6.
(1) Any uses allowed as a conditional use in the R-2
District unless permitted above.
(2) One -family dwelling units.
(3) Townhouses, condominiums.
AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS
The requirements regulating the minimum lot size, mini-
mum yard sizes (front, side, and rear), and maximum
building height (stories and feet), and maximum percent
of lot coverage by buildings, as pertains to this
district, shall conform with the provisions of Section
22, "Schedule of District Regulations", and other appli-
cable provisions of Section 23, "Supplementary District
Regulations".
AUTOMOBILE PARKING SPACE REGULATIONS
For parking space regulations, see Section 25.
39
SECTION 14: R-4 MULTIPLE FAMILY RESIDENTIAL - HIGH
DENSITY
A. PURPOSE
High density multiple family zoning is primarily
intended as the appropriate designation for lands
suitable for higher impact development and higher volume
traffic, while serving the residential needs for higher
density living quarters.
B. PERMITTED USES
The following uses shall be permitted:
(1) Any use permitted in the R-3 District, except two-
family dwelling units;
(2) Libraries and museums;
(3) Hospitals, sanitariums, nursing homes, and personal
care facilities.
C. CONDITIONAL USES
The following conditional uses may be allowed in the R-4
District subject to the provisions of Section 6.
(1) Any use allowed as a conditional use in the R-3
District, except one -family and two-family dwelling
units, unless permitted above;
(2) Hotels and motels, provided that the zoning lot
shall be not less than one (1) acre;
(3) Medical and dental clinics;
(4) Offices for professional uses such as (without
limitation due to enumeration), building contrac-
tors, doctors, chiropractors, dentists, attorneys,
insurance, real estate, abstract and title, accoun-
tants, architects, brokers, engineers, designers,
and psychologists.
D. AREA; YARD; IiEIGHT; AND LOT COVERAGE REQUIREMENTS
The requirements regulating the minimum lot size, mini-
mum yard sizes (front, side, and rear), and maximum
building height (stories and feet), and maximum percent
,N
of lot coverage by buildings, as pertains to this
district, shall conform with the provisions of Section
22, "Schedule of District Regulations", and other appli-
cable provisions of Section 23, "Supplementary District
Regulations".
E. AUTOMOBILE PARKING SPACE REGULATIONS
For parking space regulations, see Section 25.
SECTION 15: C-1 RESTRICTED COMMERCIAL
A. PURPOSE
The C-1 District is established to accommodate the
shopping needs of residents in adjacent residential
areas. This district is meant to be used in limited
areas, where retail or service establishments deal
directly with customers. Businesses in the C-1 District
should be oriented to satisfying the daily and frequent
shopping needs of the neighborhood consumer.
B. GENERALLY
(1) Business uses above the ground floor are permitted
on any floor above the ground floor except in those
buildings where dwelling units are established.
(2) All business establishments shall be retail or ser-
vice establishments which deal directly with the
customers. All goods produced on the premises
shall be sold to consumers only on the premises
where produced.
(3) All business, servicing or processing, except for
off-street parking, off-street loading, temporary
display of merchandise such as garden, lawn, and
recreational supplies and equipment for sale to the
public, and automobile service station operation,
shall be conducted within completely enclosed
buildings.
(4) Business establishments are restricted to a maximum
gross floor area of five thousand (5,000) square
feet on the ground floor, exclusive of any floor
area devoted to off-street parking or loading.
41
(5) Parking of trucks as an accessory use, when used
in the conduct of a permitted business listed in
this section, shall be limited to vehicles of not
over one and one-half (11) ton capacity when
located within one hundred -fifty feet (150') of a
residence district boundary line.
C. USES PERMITTED
The following uses shall be permitted:
(1) Existing residential dwelling units and lodging
used as such on the effective date of this
ordinance.
(2) Neighborhood retail sales and service uses such as:
(a) Art shops, artist's and professional studios,
beauty parlors, clothing stores, drug stores,
grocery stores or markets or supermarkets,
hardware stores, household appliance and fix-
ture repair shops, post office stations, self-
service laundries.
(b) Shops for the following and similar occupa-
tions: barber, cabinet maker, electrician,
jeweler, watchmaker, locksmith, optician,
painter, plumber, shoemaker, tailor:
(3) Business and professional offices;
(4) Professional offices such as doctors, dentists,
attorneys, chiropractors, psychologists, insurance,
real estate, architects, engineers, accountants,
building contractors, and other similar uses.
(5) Clinics, both medical and dental that could include
pharmaceutical sales, provided that such pharmacies
are complementary to the primary clinic use of the
structure. Other similar medical or dental
diagnostic or therapeutic facilities (except resi-
dences) are permitted.
(6) Bakeries, cafes, confectionaries, ice cream shops,
and restaurants which prepare foodstuffs for on-
site retail sale only;
(7) Automobile parking lots and structures;
FIN
(8) Other neighborhood retail sales or service uses
which are similar in character to those enumerated
above and which will not be dangerous or otherwise
detrimental to persons residing or working in the
vicinity thereof, or to the public welfare, and
will not impair the use, enjoyment or value of any
property, but not including any use permitted in a
C-2, I-1, or I-2 District;
(9) Churches;
(10) Public utility and public service uses as follows:
(a) Electric substations,
(b) Gas odorizing stations, and gate stations,
(c) Radio and television towers,
(d) Railroad rights-of-way, but not including
railroad yards and shops, freight and service
buildings, or rights-of-way for switch, lead,
spur or team tracks,
(e) Telephone exchanges and transmission equipment
buildings,
(f) Privately owned water pumping stations and
water reservoirs.
D. CONDITIONAL USES
The following conditional uses may be allowed in the C-1
District subject to the provisions of Section 6.
(1) Hotels and motels, provided that the zoning lot
shall be not less than one (1) acre;
(2) Dwelling units, restricted to a total gross floor
area of five thousand (5,000) square feet above the
ground floor of a commercial building.
(3) Other uses as may be permitted by the city council.
43
E. AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS
The requirements regulating the minimum lot size, mini-
mum yard sizes (front, side, and rear), maximum building
height (stories and feet), and maximum percent of lot
coverage by buildings, as pertains to this district,
shall conform with the provisions of Section 22,
"Schedule of District Regulations", and other applicable
provisions of Section 23, "Supplementary District
Regulations".
F. AUTOMOBILE PARKING SPACE REGULATIONS
For parking space regulations, see Section 25.
G. SCREENING
In the C-1 District, whenever a C-1 use abuts an R -1L,
R-1, R-2, R-3, or R-4, use, a wall or fence of not less
than six feet (61) in height is required, subject to
approval of specific construction plans by the planning
and zoning commission.
SECTION 16: C-2 GENERAL COMMERCIAL DISTRICT
The C-2 District is established to accommodate those
uses that are of city-wide and regional significance.
Within this district are permitted retail, service, and
office uses characteristic of retailing and wholesaling
markets. This district is intended to accommodate com-
mercial activities that cannot be accommodated in the
C-1 Restricted Commercial District.
B. GENERALLY
(1) All business,. servicing or processing, except for
off-street parking, off-street loading and automo-
bile service station operation, shall be conducted
within completely enclosed buildings except as
otherwise provided.
C
(2) No use hereunder shall be permitted if said use
entails storage or display of items for sale not
enclosed by a building except for incidental
display or sale of seasonal retail items and such
incidental display shall be permitted only if it
occupies no more than five percent (5%) of the
total lot area.
(3) Accessory off-street parking is required for C-2
Districts as provided in Section 25.
USES PERMITTED
The following type of uses shall be permitted:
(1). Any use permitted in the C-1 District;
(2) Existing residential dwelling units and lodging
uses as such on the effective date of this
ordinance;
(3) Bakery shops;
(4) Candy shops and candy making;
(5) Cleaning and dyeing facilities;
(6) Commercial recreation uses, including bowling
alleys, arcades, golf driving ranges, gymnasiums,
miniature golf courses, pool halls, swimming pools
and skating rinks;
(7) Creameries and ice cream plants;
(8) Hotels, apartment hotels and motels;
(9) Ice plants, cold -storage plants;
(10) Laundries, including automobile washes;
(11) Mortuaries;
(12) Pumping stations;
(13) Radio, AM or FM, or television broadcasting sta-
tions or transmitters and microwave radio relay
structures;
(14) Printer;
(15) Repair and storage garages;
(16) Telephone exchanges;
(17) Theaters, lodges, assembly halls, auditoriums;
(18) Tire repair shops;
(19) Auto body operations;
(20) Spray -painting operations;
(21) Antique shops;
(22) Art galleries and museums;
(23) Auction rooms;
(24) Automobile accessory stores;
(25) Automobile service stations, including the inciden-
tal storage of rental trucks and trailers, except
that trucks and trailers for storage or rental may
not be parked within the public right-of-way;
(26) Banks and financial institutions;
45
(27) Blueprinting and photostating establishments;
(28) Business machine sales and service establishments;
(29) Camera and photographic supply stores;
(30) Carpet and rug stores;
(31) Catering establishments;
(32) China and glassware stores;
(33) Clothing and costume rental stores;
(34) Coin and philatelic stores;
(35) Department stores;
(36) Dry goods stores;
(37) Employment agencies;
(38) Exterminating shops;
(39) Floor covering;
(40) Florist shops and conservatories;
(41) Fraternal, philanthropic and eleemosynary uses;
(42) Furniture stores;
(43) Furrier shops, including the incidental storage and
conditioning of furs;
(44) Hospitals and sanitariums;
(45) Household appliance stores, including radio and
television sales and service;
(46) Interior decorating shops, including upholstering
and making of draperies, slipcovers, and other
similar articles when conducted as part of the
retail operation and secondary to the principal
use;
(47) Laboratories for research development and testing;
(48) Leather goods and luggage stores;
(49) Loan offices;
(50) Locksmith shops;
(51) Meat markets, including sale of meat and meat pro-
ducts to restaurants, hotels, clubs and other simi-
lar establishments when such sale is conducted as
part of the retail business on the premises;
(52) Musical instruments sales and repair;
(53) Office supply stores;
(54) Optical sales;
(55) Orthopedic and medical appliance and supply stores;
(56) Paint and wallpaper stores;
(57) Phonograph, record, sound equipment and sheet music
stores;
(58) Physical culture and health services and reducing
salons;
(59) Picture framing;
(60) Restaurants;
(61) Schools for music, dance, business or trade;
(62) Sewing machine sales and service, household
appliances only;
(63) Sporting goods stores;
(64) Tailor shops;
(65) Taxidermists;
MIN
(66) Telegraph offices;
(67) Theaters, indoor;
(68) Ticket agencies, amusement;
(69) Tobacco shops;
(70) Travel bureaus and transportation ticket offices;
(71) Upholstery shops;
(72) Water softener sales and services;
(73) Vehicle service centers;
(74) Other retail sales and service uses which are simi-
lar in character to those enumerated in this sub-
section, and which will not be dangerous or
otherwise detrimental to persons residing or
working in the vicinity thereof, or to the public
welfare, and will not impair the use, enjoyment or
value of any property, but not including any of the
following uses:
(a) Any use permitted only in an I-1 or I-2
District.
(b) Manufacturing and processing other than an
accessory use customarily incidental to per-
mitted commercial sales and service uses.
(c) Any use which is objectionable by reason of
emission of odor, dust, smoke, gas, vibration
or noise, or which may impose hazard to health
or property.
i 410Nu IMcvMW MIRM
Conditional uses in the C-2 District shall include:
(1) Any uses not specifically enumerated in Section 15
that can be considered commercial in character.
(2) Machinery and equipment sales and service
establishments for equipment under one and one-half
(1i) tons gross weight.
E. AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIREMENTS
The requirements regulating the minimum lot size, mini-
mum yard sizes (front, side, and rear), maximum building
height (stories and feet), and maximum percent of lot
coverage by buildings, as pertains to this district,
shall conform with the provisions of Section 22,
"Schedule of District Regulations", and other applicable
provisions of Section 23, "Supplementary District
Regulations".
47
F. AUTOMOBILE PARKING SPACE REGULATIONS
For parking space regulations, see Section 25.
G. SCREENING
In the C-2 District, whenever a C-2 use abuts the R -1L,
R-1, R-2, R-3, R-4, a wall or fence of not less than six
feet (6') in height is required, subject to approval by
construction plans by the planning and zoning com-
mission.
SECTION 17: I-1 LIGHT INDUSTRIAL
A. STATEMENT OF PURPOSE
The I-1 District is established to accommodate those uses
which are of a nonnuisance type located in relative
proximity to residential areas, and to preserve and pro-
tect lands designated on the comprehensive plan for
industrial development and use from the intrusion of
certain incompatible uses which might impede the deve-
lopment and use of lands for industrial purpose.
Development in the I-1 District is limited primarily to
certain wholesale and jobbing commercial uses and cer-
tain industrial uses, such as the fabrication of
materials, and specialized manufacturing and research
institutions, all of a non -nuisance type. No use or
types of uses specifically limited to the I-2 District
may be permitted in the I-1 District.
B. GENERALLY
Uses permitted in the I-1 District are subject to the
following conditions:
(1) All business, servicing, or processing, except for
off-street parking, off-street loading, display or
merchandise for sale to the public, and establish-
ments of the "drive-in" type, shall be conducted
within completely enclosed buildings unless other-
wise indicated in this Section.
(2) All storage within one hundred feet (100') of a
residence district, except for motor vehicles in
operable condition, shall be within completely
enclosed buildings or effectively screened with
GE
C.
screening not less than six feet (61) nor more than
eight feet (8') in height, provided no storage
located within fifty feet (50') of such screening
shall exceed the maximum height of such screening.
Uses permitted in the I-1 District shall be as follows:
(1) Advertising products, such as signs and billboards;
(2) Ambulance, bus, train, and taxi stations, truck
yards;
(3) Awnings, venetian blinds, and windowshades;
(4) Bakery, candy, dairy and other food products, but
not including fish and meat products, sauerkraut,
vinegar, yeast, alcohol or alcoholic beverages;
(5) Boat -building of small craft and other similar
assembling;
(6) Bottling or distribution plants, milk or soft
drinks;
(7) Building materials yard, contractor's yard, lum-
beryard;
(8) Cameras and other photographic equipment;
(9) Ceramic products, such as pottery, figurines, and
small glazed tiles;
(10) Cleaning and dyeing plants;
(11) Cosmetics and toiletries, drugs, perfumes, and
perfumed soaps, and pharmaceutical products;
(12) Electrical appliances, such as lighting fixtures,
irons, fans, and toasters;
(13) Electrical equipment assembly, such as home radio
and television receivers and home -movie equipment,
but not including electrical machinery;
(14) Electrical supplies, manufacturing and assembly,
such as wire and cable assembly, switches, lamps,
insulation and dry -cell batteries;
(15) Electronic instruments;
(16) Furniture refinishing using a manufacturing or che-
mical dipping process;
(17) Insecticide and pesticide, packaging only;
(18) Jewelry;
(19) Machine shops and fabrication of metal not more
than ten (10) gauge in thickness;
(20) Medical, dental, and optical supplies;
(21) Metal finishing, plating, grinding, sharpening,
polishing, cleaning, rustproofing, and heat treat-
ment;
(22) Metal stamping and extrusion of small products,
such as costume jewlery, pins and needles, razor
blades, bottle caps, buttons, and kitchen utensils;
(23) Milk and ice cream processing;
(24) Monument works;
WN
(25) Musical instruments;
(26) Orthopedic and medical appliances, such as artifi-
cial limbs, braces, supports, and stretchers;
(27) Photofinishing associated with a manufacturing pro-
cess;
(28) Repair of farm, household, office machinery or
equipment;
(29) Scientific and precision instruments;
(30) Sheet metal shops;
(31) Silverware, plate and sterling;
(32) Shell egg business, candling, cartoning, and
distributing;
(33) Existing commercial and residential uses in use as
such on the effective date of this ordinance;
(34) Public utility and public service uses as follows:
(a) Bus stations, bus terminals, bus turnaround
(off-street), bus garages, and bus lots;
(b) Electric substations;
(c) Gas regulator stations, mixing stations, and
gate stations;
(d) Radio and television towers;
(e) Railroad passenger stations;
(f) Telephone exchanges, microwave relay towers,
telephone transmission equipment buildings and
service yards;
(35) Radar installations and towers;
(36) Radio and television studios and stations;
(37) Schools, trade;
(38) Stadiums, auditoriums, and arenas, open or enclo-
sed;
(39) Storage and warehousing establishments;
(40) Storage yards, but not including junkyards;
(41) Trailer sales and rental, for use with private
passenger motor vehicles;
(42) Weighing stations;
(43) Wholesaling establishments;
(44) Accessory uses, including but not limited to the
following:
Temporary buildings for construction purposes for
a period not to exceed the duration of such
construction;
(45) Other wholesale, light manufacturing, construction
or service uses which are similar in character to
those enumerated in this subsection, and which will
not be dangerous or otherwise detrimental to per-
sons residing or working in the vicinity thereof,
or to the public welfare, and will not impair the
use, enjoyment, or value of any property;
(46) Factory outlet retail or wholesale store for the
sales and servicing of goods or materials on the
same premises as the manufacturing company to which
they are related, including sales and service in a
separate building or buildings;
(47) Any use permitted in the C-1 or C-2 District, other
than that of a residential nature.
D. CONDITIONAL USES
The following conditional uses may be allowed in the I-1
District subject to the provisions of Section 6.
(1) Amusement establishments, livestock exhibition
halls, including fairgrounds, permanent carnivals,
kiddie parks, and other similar outdoor amusement
facilities;
(2) Asphalt and concrete batching or ready -mix plants;
(3) Concrete products casting;
(4) Dwelling units may be permitted only as an
accessory use and only for employees having duties
in connection with any premises requiring them to
live on said premises, including families of such
employees when living with them.
(5) Gasoline and oil storage, wholesale, provided all
applicable safety regulations are complied with and
provided that the location is approved by the city
council.
(6) Motor freight terminals;
(7) Railroad freight terminals, railroad switching and
classification yards, repair shops, and
roundhouses;
(8) Restaurant;
(9) Theaters, automobile drive-in;
(10) Automobile and motorized vehicle and equipment
display, sales, and service.
E. DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE REQUIRE-
MENTS
The requirements regulating the maximum permissible
residential density, minimum lot size, minimum yard
sizes (front, side, and rear), and maximum building
height (stories and feet), and maximum percent of lot
coverage by buildings, as pertains to this district,
shall conform with the provisions of Section 22,
"Schedule of District Regulations", and other applicable
provisions of Section 23, "Supplementary District
Regulations".
51
F. AUTOMOBILE PARKING SPACE REGULATIONS
For parking space regulations, see Section 25.
SECTION 18: I-2 HEAVY INDUSTRIAL
A. STATEMENT OF PURPOSE
0
C
The I-2 District is established
dustrial uses and protect such
of certain incompatible uses
development and use of lands for
GENERALLY
to accommodate most in -
areas from the intrusion
which might impede the
industrial purpose.
In I-2 District, the regulations set out in this Section
shall apply and as otherwise provided in Section 17.B
USES PERMITTED
The following uses shall be permitted:
(1) Existing commercial and residential uses used as
such on the effective date of this ordinance;
(2) Uses permitted in I-1 Districts, provided that no
dwelling or dwelling unit is permitted except those
for employees having duties in connection with any
premises requiring them to live on said premises,
including families of such employees when living
with them;
(3) Paper and paper products;
(4) Motor freight terminals;
(5) Railroad freight terminals, railroad switching and
classification yards, repair shops, and roundhouses;
(6) Feed mixing and grinding plants;
(7) Foundry or metal fabrication;
(8) Concrete products casting, mixing and products
manufacture;
(9) Meat product processing;
(10) Cartage establishments;
(11) Tire manufacture;
(12) Storage of petroleum products, wholesale;
(13) Automobile, airplane and other similar assembling.
52
D. CONDITIONAL USES
The following conditional uses may be allowed in the I-2
District subject to the provisions of Section 6.
Any use allowed as a conditional use in the I-1
District, unless permitted above.
E. DENSITY; AREA; YARD; HEIGHT; AND LOT COVERAGE
REQUIREMENTS
The requirements regulating the maximum permissible
residential density, minimum lot size, minimum yard
sizes (front, side, and rear), and maximum building
height (stories and feet), and maximum percent of lot
coverage by buildings, as pertains to this district,
shall conform with the provisions of Section 22,
"Schedule of District Regulations", and other applicable
provisions of Section 23, "Supplementary District
Regulations".
F. AUTOMOBILE PARKING SPACE REGULATIONS
For parking space regulations, see Section 25.
SECTION 19: MH MOBILE HOME PARK
A. PURPOSE AND SCOPE
It is the purpose of the MH Mobile Home Park District to
provide areas for the location of mobile homes in an
attractive, moderate density setting and insure the pre-
sence of amenities required for satisfactory quality of
life in areas designated for mobile home use.
B. PRINCIPAL PERMITTED USES
(1) Mobile home.
(2) Single-family dwellings.
(3) Recreational. Public parks, playgrounds,
recreational and' community center buildings and
grounds; public golf courses, public swimming
53
pools, tennis courts and similar recreational uses,
all of a noncommercial nature. Any principal
building or any swimming pool shall be located not
less than one hundred (100) feet from any other lot
in any residential district.
C. CONDITIONAL USES
All conditional uses permitted in the R-1 Single -Family
District.
ACCESSORY USES
All accessory uses permitted in the R-1 Single -Family
District.
E. HEIGHT REGULATIONS
No principal structure shall exceed two and one-half
(21) stories or thirty-five (35) feet in height and no
accessory structure shall exceed one (1) story or twenty
(20) feet in height.
F. PARK PLAN REQUIRED
Application for the establishment of a mobile home park
shall be filed with the city planner and must be accom-
panied by a plat, drawn to scale and certified by a bona
fide land surveyor, civil engineer, landscape architect
or architect. The city planner shall check the plat,
and if he finds it to be in compliance with the require-
ments of this section, he shall forward such to the
planning and zoning commission. The city planner shall
also advise the commission of the pending application.
The planning and zoning commission shall review the plat
for the mobile home park and submit a recommendation to
the city council. The plat shall contain the following
information:
(1) Accurate dimensions of the proposed mobile
home park;
(2) All roads and approaches and the method of
ingress and egress from public streets;
(3) Complete electric service installation, wire
service outlets 'and lighting facilities all
underground;
54
G.
H.
(4) Complete location of any natural gas facili-
ties to serve the park;
(5) Complete layout of unit parking spaces and
number of square feet therein, together with
the dimensions;
(6) Location of electric power or gas distribution
systems, water mains or wells for water supply
outlets for domestic water users, location of
sanitary facilities, washrooms, garbage dispo-
sal units, incinerators, sanitary sewers or
septic tanks, sewer drain lines, leaching
beds, fire protection stalls, and other
buildings or structures contemplated to be
used by such applicant in connection with the
mobile home park.
ENLARGEMENT
Any enlargement or extension of any existing mobile home
park shall require application for a building permit as
if it were a new establishment.
Enlargement - Existing facilities to comply. No en-
largement or extensions to any mobile home park shall be
permitted unless the existing facility is made to con-
form with all the requirements for new construction for
such an establishment.
MINIMUM STANDARDS AND REQUIREMENTS
Mobile home parks shall be designed and maintained in
accordance with the following requirements:
(1) Park Area. The minimum mobile home park shall be
ten (10) acres.
(2) Mobile Home Lots - Minimum Requirements
Area ........... 4,500 sq.ft.
Width ........... 45 ft.
Front Yard ...... 15 ft.
Rear Yard ....... 10 ft.
Side Yard ....... 5 ft.
55
I. GENERAL REOUIREMENTS
(1) Area Requirements
Mobile home parks shall have a minimum land area of
ten (10) acres.
(2) Parking
All areas used for automobile access and parking
shall comply with the applicable provisions of this
ordinance, provided that there shall be at least
two (2) off-street parking spaces for each mobile
home lot.
(3) Entrance to Mobile Home Parks
- No vehicular entrance to or exit from any mobile
home park, wherever such may be located, shall be
within two hundred (200) feet along streets from
any school, public playground, church, hospital,
library, or institution for dependents or for
children, except where such property is in another
block or another street which the premises in
question do not abut.
(4) Landscaping - Unused Areas
All areas not used for access, parking, cir-
culation, buildings, and service shall be comple-
tely and permanently landscaped and the entire site
maintained in good condition. A landscaped stip of
land not less than ten (10) feet in width shall be
established and maintained within the mobile home
park along the exterior boundaries.
(5) Screening
Screening shall be provided according to the
following requirements:
(a) In the event that a mobile home park
backs or sides upon a residential,
commercial, or industrial district,
a.solid masonry screening fence not
less than six (6) feet in height
shall be erected and maintained
along the property line dividing the
two districts.
56
(b) A masonry screening fence shall con-
sist of materials of equal com-
position and characteristics as the
main buildings in the MH district.
(c) No such screening fence shall be so
erected as to obstruct the vision of
motorists at alley, street or drive
intersections.
(6) Access
Each mobile home park shall abut a public street
and each mobile home lot shall have direct access
to a private interior street.
(7) Interior Streets
The minimum roadway width of interior streets will
comply with the subdivision regulations and current
development standards for the City of Anna. Such
streets shall be paved according to the City of
Anna specifications for residential streets and
maintained in good condition and lighted at night.
(8) Distances Between Mobile Home
The minimum distance between mobile homes shall be
not less than twenty (20) feet.
(9) Utilities
Each mobile home unit shall be equipped with one
(1) electrical outlet. A municipal sanitary sewer
and municipal water system shall be installed in
accordance with city specifications to every lot.
Fire hydrants shall be located in accordance with
the specifications of the National Board of Fire
Underwriters.
(10) Recreational Areas
There shall be provided within each mobile home
park an adequate site or sites for recreation for
the exclusive use of the park occupants.
(11) Length of Occupancy
No trailer or mobile home shall remain in a mobile
home park for a period of exceeding ten (10) days
57
without connection to the permanent sanitary sewer
system of the park.
(12) Recreational Vehicles and Boat Storage
A storage area must be provided within each mobile
home park for the parking and storage of boats and
recreational vehicles. This storage area shall
have a minimum area of the aggregate of one hundred
(100) square feet for each mobile home lot and
screened with a six foot solid fence.
J. ADDITIONAL REQUIREMENTS
In addition to the foregoing, the city council may
impose such other conditions, requirements, or limita-
tions concerning the design, development, and operation
of such mobile home park as it may deem necessary for
the protection of adjacent properties and public
interest.
K. DEVELOPMENT FEES
Each application for a mobile home park shall be accom-
panied by a check payable to the City of Anna or cash
payment in the amount of twenty dollars ($20.00) per
park plus one dollar ($1.00) per mobile home lot or fees
in accord with any future fee schedule as duly approved
by the city council.
SECTION 20: PD PLANNED DEVELOPMENT DISTRICT
A. PURPOSE AND SCOPE
The PD Planned Development District is designed to pro-
vide flexibility in development planning and the oppor-
tunity for the application of planning concepts.
Planned development zoning shall require the submission
and approval of a development site plan.
The city council after public hearing and proper notice
to all parties affected and after recommendation from
the Planning and Zoning Commission, may require the
creation of Planned Development Districts when any of
the following developments are being considered:
(1)
Shopping center on tracts of
three (3) acres or
more.
(2)
Housing development on tracts
of five (5) acres or
more.
(3)
Industrial parks or districts
on tracts of ten (10)
acres or more.
(4)
Medical center or hospital.
(5)
Civic center and/or community
center.
(6)
Office, motel or hotel center
on tracts of one (1)
acre or more.
(7)
Recreation center.
(8)
Research park or scientifici research
center.
(9)
A combination of uses which
are not customarily
allowed in any one of the districts
established in
this ordinance.
B. APPLICATION PROCEDURES
Application for a PD District shall be made in the same
manner as an application for any amendment to the zoning
ordinance and shall include the following additional
information:
(1) Proposed Uses
An application for a PD District shall specify and
describe the category or type of use or the com-
bination of uses proposed. Permitted uses under PD
zoning shall be specified in each PD ordinance. If
such ordinance specifies permitted uses by referen-
ces to a zoning district, the permitted uses shall
include those uses permitted in the reference
district, including those permitted through the
cumulative provision of the zoning ordinance.
59
(2) Development Requirements
An application for a PD District shall include a
list of development requirements, which may be
incorporated into the PD ordinance. Development
requirements may include, but not be limited to,
density, lot size, unit sizes, setbacks, building
heights, lot coverage, parking ratios, screening
and other requirements the council may deem
appropriate.
Standards set forth in specific zoning districts
will be used as guidelines for planned develop-
ments. Modifications of standards may be con-
sidered if the modification substantially meets the
intent of the ordinance and improves the overall
development design or if a unique project design is
proposed which cannot readily be accommodated
through other districts. Pecuniary reasons shall
not be the sole reason for modifying standards.
(3) Concept Plan
An application for a PD District shall include a
concept plan showing a preliminary layout of pro-
posed uses, access, buildings, parking, open space
and the relationship to existing natural features
and adjacent properties and uses.
The concept plan shall be
tion of the development
exact representation of
details.
C. DEVELOPMENT SITE PLAN
construed as an illustra-
concepts and not as an
all specific development
Approval of a development site plan shall be a prere-
quisite to the issuance of building permits for any pro-
perty in a PD District. The approval of a development
site plan may also serve as preliminary plat approval,
provided that all requirements of the subdivision ordi-
nance and its subsequent amendments are satisfied.
(1) Compliance with Approval
The development site plan must comply with all pro-
visions of the PD ordinance specifying development
standards and substantially reflect the precepts
and layout set forth in the concept plan. If, in
the judgment of the planning and zoning commission,
a development site plan does not comply with the
provisions of the PD ordinance and the concept plan
incorporated therein, the planning and zoning com-
mission may reject such plan, in which case a new
site plan may be submitted or application must be
made to amend the PD ordinance, including all
requirements for notices and public hearings. If a
PD ordinance does not specify development standards
or has not incorporated a concept plan, the deve-
lopment plan approval shall specify such standards.
Development requirements on such development plans
may be revised under the same review, notice and
approval procedures as applied to the original
approval of the plan and application to amend the
PD ordinance shall not be required.
(2) Review Process
The development plan review process shall include
review by the planning and zoning commission and
referral to the city council with a recommendation
and review and final approval of the development
plan by the city council. The city council may
delegate the authority for final approval of the
development plan to the development review
committee or planning and zoning commission, if it
is satisfied that adequate information has been
reviewed on the concept plan.
(3) Courtesy Notice
A courtesy notice, issued at least ten (10) days
prior to official action by the planning and zoning
commission, shall be provided to all property
owners within two hundred (200) feet of a proposed
project for which a planned development site plan
has been submitted.
(4) Modifications
The planning and zoning commission may recommend,
and the council may require, such modifications of
a development site plan that will ensure the pro-
posed project will be in harmony with the existing
and anticipated development of surrounding areas.
(5) Requirements
(a) General Information: Twenty (20) copies of
development site plan; vicinity map or ade-
quate reference to intersecting streets to
locate specific property; north arrow, date,
scale (not fess than 1" = 1001).
61
(b) Site/Adjacent Property Information: Site,
indicating boundaries and project phase lines,
if any; public or private rights-of-way and
easements on site or abutting or intersecting
the site; adjacent properties, with zoning
and existing uses identified.
(c) Building Layout: Existing and proposed struc-
tures, showing approximate outline of peri-
meter walls and including distances to
property lines and other structures; front,
side and rear building setback lines; proposed
category of use or uses of structures; eleva-
tion views or renderings indicating architec-
tural design, building materials proposed and
window orientations (one copy required);
number of stories, in height and feet; gross
floor area; location of entrances and exits.
(d) Circulation and Parking: Location, dimensions
and proposed construction of all streets,
private drives, alleys, parking areas and
drive approaches; street drives and alleys
which are adjacent to or dead-end into the
site, including the location of existing and
proposed median openings and left -turn lanes
in boulevard streets; number and dimensions of
parking spaces and width of drive approaches
and aisles; sidewalks and other facilities
for pedestrian circulation; location, width
and curve radii for required fire lanes.
(e) Drainage/Utilities/Services: Existing and
proposed topography, reflecting proposed
handling of on-site surface drainage; limits
of the 100 -year floodplain and floodway as
shown on current FIA mapping, including loca-
tion and acreage; proposed improvements and
method of maintenance for any drainage chan-
nels; existing and proposed water and sani-
tary sewer layout; existing and proposed fire
hydrant locations; proposed locations for
solid waste container pads.
(f) Screening/Open Space/Recreational Facilities:
Location, height and building materials for
any proposed or required walls or fences;
height, location and type of any proposed
62
berms or living screens; location and size
(if applicable) of proposed recreation facili-
ties (swimming pools, tennis courts, etc.);
location of open play areas and playgrounds
with play equipment; landscape plan.
(g) Living Units
Table showing type of
bedrooms, and number
plans for all units.
D. ADMINISTRATIVE ACTION
units by size, number of
of each type; floor
Upon approval of a development site plan by the city
council and approval of the preliminary plat, applica-
tion may be made for the permits and certificates
necessary for construction. Subsequent to such appro-
val, minor changes may be authorized by the planning and
zoning commission when such changes will not cause any
of the following circumstances to occur:
(1) A change in the character of the develop-
ment;
(2) An increase in the ratio of the gross
floor area in structures to the area of
any lot;
(3) An increase in the intensity of use;
(4) A reduction in the originally approved
separations between buildings;
(5) An increase in the problems of cir-
culation, safety, and utilities;
(6) An increase in the external effects on
adjacent property;
(7) A reduction in the originally approved
setbacks from property lines;
(8) An increase in ground coverage by struc-
tures;
(9) Reduction in the ratio of off-street
parking and loading space to the gross
floor area in structures; and
63
(10) Change in the locations, lightings or
orientation of originally approved signs.
E. STANDARDS FOR TOWNHOUSE DEVELOPMENTS
Development of townhouse projects shall be considered
within the scope of the PD Planned Development zoning
classification, thereby providing flexibilty in planning
and design, and allowing the application of innovative
and creative development concepts.
The following standards are set forth as guidelines for
the preparation of a development plan as required by
Section 20.B. Consistent with the intent of the Planned
Development District, these standards may be modified as
may serve the best interests of the community upon
approval of the development plan.
(1) Townhouse Lots
The following minimum requirements should apply to
each townhouse lot:
(a) Area of Lot - Three thousand (3,000) square
feet;
(b) Depth of Lot - One hundred (100) feet, except
where the lot backs up to a freeway,
expressway, or thoroughfare, then the minimum
depth of lot shall be one hundred ten (110)
feet;
(c) Width of Lot - Twenty-six (26) feet;
(d) Front Yard Setback - Twenty (20) feet; and
(e) Exterior Side Yard - Where a side lot line
abuts a street, the width of the exterior side
yard shall be fifteen (15) feet.
Access to townhouse lots shall be adequate to pro-
vide fire protection and sanitation service.
(2) Spacing Between Buildings
Dwelling units should be in groups of not less than
three ( 3 ) townhouse units nor more than seven ( 7 )
townhouse units; but in no event should more than
one-fourth (1) of the total building groups contain
seven (7) townhouses. The total length of any one
group of units should not exceed an overall length
of two hundred twenty-five (225) feet. There shall
be a minimum space of thirty-six (36) feet between
building groups and fifteen (15) feet between the
end of a building and a street, private drive, or
alley.
(3) Open Space
No less than 40 percent of the total gross land
area should be open space which shall not be used
as an area of principal construction, nor for auto-
mobile driveways or parking facilities. Such open
space should be used exclusively for the purpose of
installation of recreational facilities and green
or landscaped areas. Flood plains, or any standing
surface water, other than swimming pools, may be
considered open space if specifically approved by
council.
(4) Density
The average density of townhouse units should not
exceed eight (8) units per acre. The density is to
be computed by taking the gross land area of each
townhouse tract and dividing the total number of
dwelling units within the tract.
(5) Livinq Area in Each Townhouse Unit
The minimum living area for a one -bedroom townhouse
unit shall be one thousand fifty (1,050) square
feet; two (2) or more bedroom units shall have a
minimum of twelve hundred (1,200) square feet
living area, exclusive of garages, breezeways,
patios, and porches.
(6) Exterior Fire Resistant Construction
All main buildings shall be of exterior fire
resistant construction having exterior walls
constructed of brick, stone, concrete block, or
other masonry, or materials of equal charac-
teristics, or as approved in the review of the
development plan.
MM
(7) Fire Walls
Within each townhouse complex, a four (4) hour
fire -rated fire wall shall be placed every forty-
five hundred (4,500) square feet. All such fire
walls shall be continuous and unbroken from the
foundation slab to the underside of the roof deck
and conform to the other requirements for fire
walls as outlined in the building code for the City
of Anna. All other townhouse unit separation walls
shall be of a two-hour rating.
(8) Utilities
All utilities shall be placed underground, except
installations aboveground shall be permitted when
approved by the city council under the following
circumstances:
(a) Aboveground installations of transformers.
(b) Where utility lines. cross a major drainage
channel or depression of such depth as to make
underground installation impractical.
(c) At the point where the utility enters the
development.
(9) Parking Regulations
Two and one-half (21) parking spaces shall be pro-
vided off the street for each townhouse unit. Each
townhouse should provide a carport or garage and
shall have a capacity for two (2) motor vehicles
(pickup and vans not exceeding three-fourths (3/4)
ton capacity). The additional one-half (i) parking
space per unit shall be placed in groups scattered
through the development to accommodate the guests
of the homeowners. No more than 50 percent of the
additional off-street parking spaces shall be
located on private or public streets or alleys.
(10) Recreational Facilities
Recreational and community facilities including
community buildings, swimming pools, and playground
areas shall be considered in the review of the
development plan.
(12)
(13)
(14)
Recreational Vehicles and Equipment
Adequate storage areas for the storage of
recreational vehicles and equipment shall be con-
sidered in the review of the development plan.
Sanitation Services
Sanitation service within each townhouse develop-
ment should be provided by any of the following:
(a) Stationary compaction system provided the
homeowners' association is responsible to own,
collect, and place the trash into the compac-
tor.
(b) Plastic bag system.
(c) Any other system approved by the city council.
Screening
Screening shall be provided according to the
following requirements:
(a) In the event that a townhouse development
backs up or sides upon a R-1, R-2, R-3, or C
District, a solid masonry screening fence of
not less than six (6) feet shall be erected
and maintained along the property line
separating the two districts.
(b) A masonry screening fence shall consist of
materials of equal composition and charac-
teristics as the main buildings in the planned
development.
(c) No such screening fence shall be erected so as
to obstruct the vision of motorists at alley,
street, or drive intersections.
Construction Requirements
All streets, parking areas, access drives,
sidewalks, and drainage structures constructed on
private or public property shall be approved by the
city and constructed in accordance with the City of
Anna specifications and requirements.
67
(15) Homeowners' Association
Before approval of any plat containing any common
area, it shall be necessary to assure the city that
provisions have been made for adequate upkeep and
maintenance of such area and facilities. Any such
homeowners' or maintenance association so
established to maintain and manage all such common
area shall be approved by the city council prior to
the issuance of any building permits. In the event
of failure to maintain said common area, the city
may by ordinance provide for maintenance at the
expense of the property owners and provide for a
lien against the property of the members as in the
case of individual homeowners.
SECTION 21: FP FLOODPLAIN DISTRICT
A. FLOODPLAIN PREFIX TO DISTRICT DESIGNATION
The FP prefix designation constitutes a zoning overlay
district, and the addition or removal of the FP prefix
constitutes zoning action requiring due process provided
under State law. Further public notice to all
downstream property owners within the City of Anna with
like FP zoning is required prior to any such zoning
action.
To provide for the appropriate use of land which has a
history of inundation or is determined to be subject to
flood hazard and to promote the health, safety and
general welfare of the community, portions of certain
districts are designated with a floodplain prefix FP and
shall be subject to the following provisions.
B. PERMITTED USES
In this district no land shall be used except for one or
more of the following permitted uses to the extent that
they are not prohibited by other regulations or ordinan-
ces and provided that such uses do not require above
ground structures, filling or storage of material or
equipment except as herein specifically authorized.
(1) Agricultural activities including the ordinary
cultivation of land or legal forms of animal
husbandry.
M
(2) Electrical substation.
(3) All types of local utilities, including but not
limited to water distribution and waste water
collection systems, water and waste water treatment
facilities and water quality/monitoring stations or
other structures required to provide water and
sewerage, telephone, gas and electrical services.
(4) parks, community centers, playgrounds, public golf
courses.
(5) Private commercial open area amusements such as
golf courses, driving ranges, archery courses and
similar uses when approved by conditional use
zoning action.
(6) Facilities that would warrant no flood protection,
such as accessory private open space in conjunction
with commercial or residential development, com-
munity unit recreational areas or recreation
developments.
(7) Parking areas associated with a part of contiguous
land use.
No building or structure shall be erected in that por-
tion of a district designated with a floodplain FP pre-
fix other than those listed in this section.
There shall be no dumping, excavation, storage or
filling operations within that portion of a district
having a floodplain FP prefix designation except under
conditions of this ordinance and any City of Anna ordi-
nances that may be relevant to this issue.
C. CONDITIONS FOR ADDING FP PREFIX DESIGNA
The city council may, after a public hearing, amend the
zoning classification of any property by adding the
floodplain FP prefix designation based on hydraulc engi-
neering studies indicating new boundaries of the area
that is subject to inundation by floodwaters. The city
council shall provide for the addition of such
floodplain FP prefix designation to the zoning district
maps.
D. CONDITIONS FOR REMOVAL OF FP PREFIX DESIGNATION
The city council, in considering and determining its
recommendation relative to any application for the remo-
val of the floodplain FP prefix designation, shall
require the applicant to furnish to the administrator as
provided in the City of Anna comprehensive drainage
ordinance, fill and development plans, (hydraulic calcu-
lations concerning maximum high water and flow rates and
their effect on abuting, lateral, and downstream proper-
ties) and data concerning the operation, location, func-
tion and characteristics of any use of land or building
proposed. The application will not be scheduled for
public hearing until the city engineer certifies infor-
mation furnished is adequate for review and comment as
required in this section.
70
SECTION 22: SCHEDULE OF DISTRICT REGULATIONS
a - None required except where a non-residential use abuts a
residential lot the requirement shall be the same as the
adjoining residential zone and shall. comply with visibi-
lity and parking requirements as provided within this
ordinance.
b - Lot area shall be not less than nine thousand (9,000)
square feet for dwelling unit construction. For each
dwelling unit over three (3) in number, no less than one
thousand five hundred (1,500) square feet of additional
lot area is required. A maximum of ten (10) units may
be constructed per acre.
c - Lot area shall be not less than seven thousand five
hundred (7,500) square feet for each dwelling or
dwelling group have three (3) dwelling units and not
less than one thousand (1,000) square feet of lot area,
in addition, for each additional dwelling unit over
three (3) in number. A maximum of sixteen (16) units
may be constructed per acre.
d - Minimum building size shall be for one bedroom unit -
650 square feet; two bedroom - 700 square feet; three
bedroom - 930 square feet.
e - Requirements for residential construction shall be the
same as for the R-4 District; non-residential construc-
tion minimum building size shall be 500 square feet.
f - Masonry requirements shall mean a brick, stone or simi-
lar material veneer attached to an outside wall.
g - See Section 17 for additional Mobile Home District regu-
lations.
71
R -1L
I R-1
R-2
R-3
R-4
MH
1 I C 2
S 1_
1-2
AG
—(.
Maximum Height
35
35
45
45
35
45 50
50
50
50
(feet)
35
_
Side Yard
8
8
8
0
g
a
'
l a
I
a
a
20
Interior (feet)
18
Side Yazd
Corner Lot
15
15
15
15
15
15
15
15
15
15
25
Street Side
(feet)
Rear Yard
(feet)
25
25
25
25
25
g
a
a
a
a
25
Front Yard
30
25
25
25
25
g
a
a
a
a
35
(feet)
Lt Are(sgcarea
feet)
20,000
10,000
10,000
b
c
6,500
a
a
-0-
-0-
acres
Building Size
(square feet)
1,800
1,200
1,000
850
d
g
e
e
I
i -0-
-0-
1,000
pe
Mascnry
608
60%
608
808
808
-0-
808
808
808
-0-
658
(8)
Minimum Lot
80
75
75
75
75
g
a
a
a
a
75
Width (feet)
Minimum Lot
120
120
120
120
120
g
a
a
a
a
120
Depth (feet)
Maximum Lot
Coverage (8)
408
408
508
508
508
508
a
a
a
a
408
a - None required except where a non-residential use abuts a
residential lot the requirement shall be the same as the
adjoining residential zone and shall. comply with visibi-
lity and parking requirements as provided within this
ordinance.
b - Lot area shall be not less than nine thousand (9,000)
square feet for dwelling unit construction. For each
dwelling unit over three (3) in number, no less than one
thousand five hundred (1,500) square feet of additional
lot area is required. A maximum of ten (10) units may
be constructed per acre.
c - Lot area shall be not less than seven thousand five
hundred (7,500) square feet for each dwelling or
dwelling group have three (3) dwelling units and not
less than one thousand (1,000) square feet of lot area,
in addition, for each additional dwelling unit over
three (3) in number. A maximum of sixteen (16) units
may be constructed per acre.
d - Minimum building size shall be for one bedroom unit -
650 square feet; two bedroom - 700 square feet; three
bedroom - 930 square feet.
e - Requirements for residential construction shall be the
same as for the R-4 District; non-residential construc-
tion minimum building size shall be 500 square feet.
f - Masonry requirements shall mean a brick, stone or simi-
lar material veneer attached to an outside wall.
g - See Section 17 for additional Mobile Home District regu-
lations.
71
A. MASONRY REQUIREMENT MODIFICATIONS FOR EXISTING
The Schedule of District Regulations notwithstanding, the
exterior of additions and/or modifications to existing
non -masonry single family residential structures and
accessory buildings to such structures may consist of
materials consistent with the exterior of the existing
structure.
B. MASONRY REOUIREMENT WAIVED IN CERTAIN AREAS
The Schedule of District Regulations notwithstanding, the
masonry requirement for single family residential struc-
tures in residential zones is waived if more than fifty
percent (50%) of the existing residential units in the
block in which the unit is to be constructed are of non -
masonry exterior. A block is defined for purposes of
this section as a platted area identified as a block on
the plat or an unplatted but clearly identifiable tract
separated from adjacent tracts by alleys, streets, and/or
other similar man-made or natural features and not more
than six (6) acres in size.
71.1
SECTION 23: SUPPLEMENTARY DISTRICT REGULATIONS
A. SCREENING ELEMENTS AND FENCES
In order to provide maximum safety to pedestrians and
motorists at intersections and at ingress and egress
points from public streets, highways, and alleys to pri-
vate property; to conserve and protect the value of
adjacent land and buildings; to protect aesthetic views
and vistas; to secure hazardous areas from unauthorized
entry; to contain livestock and other agricultural
activities; and to screen and protect permitted outside
materials storage areas, the following regulations are
prescribed for the location, type, and height of regu-
lated required and nonrequired screening elements and
fences. The terms "screening element" and "fence" as
used herein, is defined in Section 4.
(1) Traffic Visibility at Intersections
On a corner lot in any district, nothing shall be
erected, placed, planted, or allowed to grow in
such a manner as to materially impede vision bet-
ween a height of two and one-half feet (23') and
ten feet (10') above the centerline grades of the
interecting streets in the area bounded by the
street lines of such corner lots and a line joining
points along said street lines twenty feet (20')
from the point of the intersection.
72
(2) Traffic Visibility at Interior Lots
On an interior lot in any district, nothing shall
be erected, placed, planted, or allowed to grow in
such a manner as to materially impede the vision or
in any way create a traffic hazard to motorists
entering or exiting any public highway, street,
alley, or private street or driveway from or to
adjacent private property.
(3) Residential Districts - General
(a) Screening elements and fences shall be
restricted to a maximum height of eight feet
(8'), measured from the adjacent grade line,
except as otherwise allowed.
(b) Nonresidential uses in a residential district
shall be suitably screened from view, to a
height not less than six feet (6') of any
adjacent residential lot or dwelling use along
the side and rear property lines of such
nonresidential use. Said screening require-
ments shall not be mandatory for public
schools, parks or churches, except where a
parking lot or active outdoor intensive use
area (such as a playground) is adjacent to a
residential lot or dwelling. Parking lot
screening need not be more than three and one-
half feet (31') in height. Off-street loading
areas of any nonresidential use shall be ade-
quately screened from view of any residential
dwelling or lot or of any other adjacent
public or semi-public land use.
(c) Where a multi -family use abuts a one or two
family district, the side and rear property
lines of said multi -family or district shall
be suitably screened from view, to a height
not less than six feet (6') of any adjacent
dissimilar residential dwelling or lot.
(d) Garbage, refuse, and trash collection/storage
areas in any multi -family development or other
nonresidential use permitted in a residential
district shall be enclosed on at least three
(3) sides, by a dense screening element to
adequately screen such area from view of the
surrounding area.
73
(4)
(e) No screening element or fence shall be
erected, placed, or planted beyond the front
building line of any permitted building in a
residential district, either on a corner lot
or interior lot, unless otherwise allowed by
the city council.
(f) No screening element comprised of brick,
masonry, concrete, or solid metal shall be
erected or placed which would interfere with
the installation or maintenance of any public
utility line, service, or drainageway, within
the easements reserved therefor.
Nonresidential Districts - General
(a) Where a nonresidential use abuts a residential
lot, use or district, the side and rear pro-
perty lines abutting said residential lot,
use, or district shall be suitably screened by
the nonresidential use so as to obscure the
view from the residential lot, use or district
to the nonresidential use to a height not less
than six feet (6').
(b) Where a district boundary separating a resi-
dential district from a nonresidential
district is along a street or alley, and an
automobile parking lot or parking area is
located in the front yard of the nonresiden-
tial use, then said parking lot or parking
area facing the residential lot, use, or
district shall be suitably screened to a
height of not less than three and one-half
feet (3P).
(c) Where garbage, refuse, and trash
collection/storage is permitted and the
screening thereof is required, then such
screening shall be provided around the exposed
perimeter thereof of not less than six feet
(61) in height.
(d) In all districts where open storage is per-
mitted and the screening thereof is required,
then such screening shall be provided around
the exposed perimeter thereof of not less than
six feet (61) in height.
(e) Off-street loading areas
screened from view of any
or of any other adjacent
74
shall be adequately
residential dwelling
residential land use.
(f) No screening element comprised of brick,
masonry, concrete, or solid metal shall be
erected or placed which would interfere with
the installation or maintenance of any public
utility line, service, or drainageway, within
the easements reserved therefor.
(g) All required screening elements shall be per-
manently and adequately maintained by the
nonresidential property owner.
(5) Barbed Wire Fences
(a) Barbed wire fences used in conjunction with
permitted agricultural and related activities
and in industrial districts are permitted
without restrictions, but are expressly prohi-
bited in all other districts except as pro-
vided below.
(b) Barbed wire strands may be placed on top of
permitted fences and screening elements in any
district for the purpose of security from
theft, entry, and hazard around public utility
substations and uses of a similar nature, pro-
vided the top strand is not higher than eight
feet (81) nor the bottom strand lower than six
feet (61) from the adjacent grade line.
B. ACCESSORY BUILDINGS
The following regulations shall govern the location,
size, and use of any accessory buildings:
(1) No accessory building shall be erected in any
required yard area as stipulated in this ordinance,
except as allowed in the following paragraphs.
(2) No accessory building shall be erected within
ten feet (10') of any other building, except:
detached residential garages may be located within
five feet (5') of the main dwelling; and the pro-
visions of paragraph (5) below are met.
(3) No detached residential garage or carport shall be
erected or placed closer to any street or alley
right-of-way line than the minimum yard require-
ments (building set -back line) governing the
district in which such garage or carport is located.
75
C.
10
(4) No detached residential garage or carport shall be
erected or placed within eight feet (8') from any
side lot line.
(5) Residential accessory buildings and sheds housing
domestic lawn and garden equipment and all other
household effects may be detached or attached to
the main building but shall not encroach in any
required front yard and may not occupy more than
thirty percent (30%) of the rear yard.
(6) No accessory building shall be used for dwelling
purposes other than by domestic employees employed
on the premises, as provided in the applicable
zoning district.
(7) No accessory building shall be higher than the main
building and in no case be in excess of eighteen
feet (181) in height.
(8) No accessory building shall be erected or placed
within five feet (5') of any side or rear lot line
and shall not encroach upon any easement.
FRONT YARD ADJUSTMENTS
Front yard requirements as established in Section 22,
"Schedule of District Regulations" may be adjusted where
forty percent (40%) or more of the frontage on the same
side of a street between two (2) intersecting streets is
presently developed or may hereafter be developed with
buildings that have (with a variation of ten feet (10')
or less), a front yard greater or lesser in depth than
herein required, new buildings shall not be erected
closer to the street than the average front yard so
established by the existing building.
PROJECTIONS OF BUILDINGS, STRUCTURES, AND APPURTENANCES
INTO REOUIRED YARDS
(1) Open or lattice enclosed
into a required yard not
The ordinary projections
shall be permitted by the
when placed so as not to
tilation.
76
fire escapes may project
to exceed five feet (5').
of chimney's pilasters
city's building official
obstruct light and ven-
(2) Terraces, balconies, decks, uncovered porches and
ornamental features which do not extend more than
four feet (4') from the side wall line, above the
floor level of the ground (first) story, may pro-
ject into a required side yard, provided these pro-
jections be a distance at least two feet (2') from
any adjacent side lot line. Such features may not
project onto a required front or rear yard more
than eight feet (8') from the front or rear wall
line.
(3) An unenclosed porch containing not more than forty
(40) square feet may project into a required front
yard for a distance not to exceed five feet (5').
(4) A carport or canopy may project into a required
side yard, provided every part of such carport or
- canopy is unenclosed except for necessary struc-
tural supports, and not less than five feet (5')
from any side lot line.
(5) Every part of a required yard shall be open to the
sky, unobstructed by a building, except for the
ordinary projections of sills, belt courses, cor-
nices, and ornamental features not exceeding twelve
inches (12"), or as otherwise excepted in
paragraphs (1) through (4) above. Roof eaves may
project in required side yards not to exceed
twenty-four inches (24").
E. PARKING, STORAGE OR USE OF MAJOR RECREATIONAL EQUIPMENT
AND VEHICLES
No major recreational equipment shall be parked or
stored on any lot in a residential district except in a
carport or enclosed building, on a driveway, or in a
required side or rear yard; provided however, that such
equipment may be parked anywhere on a residential premi-
ses not to exceed twenty-four (24) hours during loading
or unloading.
No such equipment shall be used for living, sleeping, or
housekeeping purposes when parked or stored on a resi-
dential lot, except for the temporary housing of guests
not to exceed two (2) consecutive weeks.
For purposes of these regulations, major recreational
equipment is defined as including boats and boat
trailers, travel trailers, pickup campers, or coaches
(designed to be mounted on automotive vehicles),
77
motorized dwellings, tent trailers, and the like, and
cases or boxes used for transporting recreational equip-
ment, whether occupied by such equipment or not.
SECTION 24: BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY
A. BUILDING PERMITS REQUIRED
No building or other structure shall be erected, moved,
added to, enclosed, or structurally altered without a
permit therefor where applicable, and issued by the
administrative official. No building permit shall be
issued by the administrative official except in confor-
mity with the provisions of this ordinance, unless he
receives a written order from the planning and zoning
commission or city council in the form of an administra-
tive review, special exception, or variance as provided
by this ordinance.
B. APPLICATION FOR BUILDING PERMIT
All applications for building permits shall be accom-
panied by plans in triplicate drawn to scale, showing
the actual dimensions and shape of the lot to be built
upon; the exact sizes and locations on the lot of
buildings already existing, if any; and the location
and dimensions of the proposed building or alteration.
The application shall include such other information as
lawfully may be required by the administrative official,
including existing or proposed building or alteration;
existing or proposed uses of the building and land; the
number of families, housekeeping units, or rental units
the building is designed to accommodate; conditions
existing on the lot; and such other matters as may be
necessary to determine conformance with, and provide for
the enforcement of, this ordinance.
One (1) copy of the plans shall be returned to the
applicant by the administrative official, after he shall
have marked such copy either as approved or disapproved
and attested to same by his signature on such copy. The
original and one (1) copy of the plans, similarly
marked, shall be retained by the administrative official.
78
C. EXPIRATION OF BUILDING PERMIT
If the work described in any building permit has not
begun within six (6) calendar months from the date of
issuance thereof, said permit shall expire; it shall be
cancelled by the administrative official; and written
notice thereof shall be given to the persons affected,
together with notice that further work as described in
the cancelled permit shall not proceed unless and until
a new building permit has been obtained.
D. CERTIFICATE OF OCCUPANCY REQUIRED FOR NEW, ALTERED OR
CHANGES IN USE OR NONCONFORMING USES
It shall be unlawful to use or occupy or permit the uses
or occupancy of any building or premises, or both, or
part thereof hereafter created, erected, changed, con-
verted, or wholly or partly altered or enlarged in its
use or structure until a certificate of occupancy shall
have been issued therefor by the administrative official
stating that the proposed use of the principal building
or land conforms to the requirements of this ordinance.
(1) No nonconforming building or use shall be main-
tained, renewed, changed, or extended until a cer-
tificate of occupancy shall have been issued by the
administrative official. The certificate of occu-
pancy shall state specifically wherein the noncon-
forming use differs from the provisions of this
ordinance, provided that upon enactment or amend-
ment of this ordinance, owners or occupants of non-
conforming uses or buildings shall have three (3)
months to apply for certificates of occupancy.
Failure to make such application within three (3)
months shall be presumptive evidence that the pro-
perty was in a nonconforming use at the time of
enactment or amendment of this ordinance.
(2) No permit for erection, alteration, moving, or
structural repair of any building shall be issued
until an application has been made for a cer-
tificate of occupancy, and the certificate shall be
issued in conformity with the provisions of this
ordinance upon completion of the work.
(3) A temporary certificate of occupancy may be issued
by the administrative official for a period not
exceeding six (6) months during alterations or par-
tial occupancy of a building pending its comple-
tion, provided that said temporary certificate may
79
include such conditions and safeguards as will pro-
tect the safety of the occupants and the public.
(4) The administrative official shall maintain a public
record of all certificates of occupancy.
(5) Failure to obtain a certificate of occupancy
shall be a violation of this ordinance and
punishable under Section 3 of this ordinance.
E. CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS,
PLANS, PERMITS, AND CERTIFICATES OF OCCUPANCY
Building permits or certificates of occupancy issued on
the basis of plans and applications approved by the
administrative official authorize only the use, arrange-
ment, or construction set forth in such approved plans
and applications, and no other use, arrangement, or
construction. Use, arrangement, or construction at
variance with that authorized shall be deemed violation
of this ordinance, and punishable as provided by Section
3.B, hereof.
SECTION 25: PARKING SPACE REGULATIONS
A. AUTOMOBILE PARKING SPACE REGULATIONS
Whenever any ordinance, regulation, or plan, enacted or
adopted by the city council is for the purpose of pro-
viding off-street automobile parking spaces or of
establishing requirements that such spaces be provided
within any section or sections of the city, then such
plan or requirements shall govern within such sections.
Otherwise off-street automobile parking spaces shall be
provided as follows, applicable to buildings hereafter
erected and uses hereafter established, to such noncon-
forming uses as may be required to conform to the regu-
lations hereof, and to extensions and enlargements of
buildings and uses.
(1) Except as otherwise provided in this section, off-
street parking spaces shall be provided as follows:
M1
E OF BUILDING OR SITE
Residential:
Single family
Two family
Multifamily:
Efficiency and one bedroom
Two or more bedrooms
Commercial:
Offices and Banks
Clinics and Doctors' Offices
General Retail
Shopping Centers
Car Wash
Restaurants
Hotels, Motels
Halls for meeting, dancing,
social events
Entertainment:
Bowling Alleys
Pool Halls
Industrial:
Auditoriums and Theaters:
Churches:
Elementary and Junior High Schools:
Hospitals:
Nursing Homes
Wholesale Storage and Jobbing
M8
MINIMUM NUMBER OF
PARKING SPACES REQUIRED
2.0 per dwelling unit
2.0 per dwelling unit
1.5 per dwelling unit
2.0 per dwelling unit
3.3 per 1,000 sq.ft. gross
floor area
8.0 per 1,000 sq.ft. gross
floor area
4.0 per 1,000 sq.ft. gross
floor area
5.5 per 1,000 sq.ft. gross
floor area
0.3 per employee, plus 1.0
for owner or manager, plus
reservoir parking as pro-
vided below
0.3 per seat
1.0 per rentable room plus
0.5 per employee on any one
shift
5.0 per 1,000 sq.ft. gross
floor area
5.0 per 1,000 sq.ft. gross
floor area
0.8 per employee on any one
shift
0.3 per seat
1.0 per six seats
1.0 per staff members
1.2 per bed plus 1.0 per
three staff members on any
one shift
1.0 per five beds plus
1.0 per two staff members
on any one shift
1.0 per employee, plus
1.0 per business vehicle
parked on premises, plus
2.0 for visitor or
customer parking
Off-street reservoir parking shall be provided for
an automatically operated car wash equal to three
(3) times the maximum capacity of the car wash, and
for a manually operated car wash equal to six (6)
times the maximum capacity of the car wash, for
automobiles awaiting entrance. "Maximum Capacity"
shall mean the greatest number of automobiles
undergoing some phase of washing at the same time.
The required yard setbacks for any building shall
not be included in calculating the minimum space
requirements for off-street parking.
(2) Where a building or a site contains two (2) or more
uses, the off-street parking requirement shall be
computed as the sum of the required off-street
parking spaces for each individual use.
(3) Each business, commercial, manufacturing or
industrial use having deliveries made by truck more
than once a day between the hours of 8:00 a.m. and
6:00 p.m., or where the time of loading and
unloading materials or goods exceeds ten (10) minu-
tes between those hours, shall provide off-street
truck loading space on the lot, such space to be
not less than thirty-five feet (351) in length,
twelve feet (12') in width, and fifteen feet (15')
in height.
(4) For the purpose of this subsection, one parking
stall shall be not less than one hundred seventy-
five (175) square feet in area, together with wha-
tever area is required for means of ingress and
egress thereto, except that in the case where
attendants perform the act of parking in defined
and adequate stalls then each such stall shall be
considered a parking stall as required herein.
(5) A driveway for access to any single parking space
or to a parking lot shall be not less than eleven
feet (11') in width, nor more than thirty feet
(301) in width, at the property line along the
street and shall be so located as to minimize traf-
fic hazard and congestion.
(6) All required parking stalls shall be located on the
premises to which such requirement applies or
within an off-street space distance not more than
five hundred feet (500') from such premises, pro-
vided that such stalls as are required for
employees and proprietors of any premises may be
located within an off-street space distance not
8`2
more than one thousand feet (1,0001) from such pre-
mises except as otherwise provided in this subsec-
tion or other subsections of this ordinance.
(7) Provision of parking stalls, shared jointly by
several persons in the same block or in the same
vicinity is permissible, in which case the number
of stalls required shall be the sum total of the
individual requirements, provided that where it is
found by the city council, upon application
thereto, that the parking demand generated by the
different uses included in any joint arrangement to
provide parking stalls required herein occurs at
distinctly different times, as in the case of a
theater generating demand for parking during such
daytime hours, and in similar cases, the council
may reduce the total of number of parking stalls to
be jointly provided.
(8) All parking spaces required for any use and pro-
vided in compliance with the provisions of this
subsection on the same lot or plot as that occupied
by such use, shall be considered to be required
spaces for the use or uses to which appurtenant and
shall not be reduced or encroached upon in any
manner.
(9) The surface of parking stalls and aisles, truck
standing spaces, and access driveways therefor
shall be treated, prepared and maintained for ade-
quate drainage and the elimination of dust, dirt,
and mud, according to city specifications.
(10) In a case where existing off-street parking facili-
ties have unused parking capacity and where such
facilities are open to the use of the public free of
charge or at reasonable rates, the board may reduce
the parking space requirements for any use distance
not more than eight hundred feet (800') from such
facility or facilities, provided that the total
number of stalls in such reduction shall be not
greater than the total number of stalls of unused
capacity.
(11) In a case where any public or private off-street
parking facility, to be open to the use of the
public free of charge or at a reasonable rates, is
planned or is in process of development and where
the council has reasonable assurance that such
development will be carried to completion and will
when completed relieve the parking demand in an
area within five hundred feet (5001) thereof in
M
some measure or in full measure, the board may
establish a reasonable time period within which any
use or uses within such area shall provide required
space for parking stalls. Upon completion of all
or a portion of such development, the provision of
paragraph (10) above, may be applied by the
council.
(12) In a case where the customary mode of transpor-
tation of a majority of the patrons, employees, and
proprietors of any use, to and from the area in
which such use is located, is other than by private
automobile, the council may reduce, by not to
exceed fifty percent (50%) the space required for
parking stalls for such use.
(13) In a case where it is clearly shown by the appli-
cant to the satisfaction of the council that the
provision of the amount of space required herein
for parking stalls, due to the particular nature of
the proposed use or other condition, would be an
unnecessary hardship, the council may reduce such
requirement.
B. RESIDENTIAL OFF-STREET PARKING
(1) Purpose
It is recognized that uncontrolled residential off-
street parking, specifically in residential front
yards, is a public nuisance. The purpose of this
subsection is to provide for the regulation of
residential off-street parking and to specify the
requirements for residential off-street parking as
they pertain to the appearance and the health,
safety, and welfare of the city.
(2) Definitions and Restrictions
It shall be illegal for any person to park or to
allow to be parked on any property under his
control any automobile, bus, truck, motorcycle,
motorhome, camper, trailer, boat or any vehicle on
any portion of a front yard or side yard of any
area which is zoned R -1L under this ordinance
unless:
(a) Said area is a part of a hard surfaced dri-
veway or parking area;
M
(b) Said area is a part of a gravel driveway bor-
dered by cement curbing or similar permanent
border;
(c) Said area is a part of a required driveway
that provides access to a garage, carport or
off-street parking area required by this ordi-
nance;
(d) Said area is part of a side yard which is
enclosed by a screening fence at least six
feet (61) in height and so constructed that no
person can see through into the area
surrounded by the fence;
(e) The term "vehicle" as used herein shall mean
every device in, upon, or by which any person
or property is or may be transported or drawn
upon a street or highway, except devices moved
exclusively by human power. The term "hard
surfaced" as used herein shall include cement,
asphalt, brick and other commonly accepted
pavement which may be approved by the building
official;
(f) A single -width driveway running from the
street access to a garage or other parking
area shall not utilize more than fifteen per-
cent (15%) of any residential front yard,
except for front yards with a front footage
width of less than seventy feet (70'), in
which case the maximum width for a single
driveway shall be eleven feet (11');
(g) A double -width driveway running from the
street access to a garage or other parking
area shall not utilize more than twenty-seven
percent (27%) of any residential front yard;
provided, that the maximum width of a driveway
shall not exceed twenty-four feet (241) in any
case and shall not exceed eighteen feet (18')
for front yards with a front footage width of
less than seventy feet (70');
(h) A triple -width driveway running from the
street to a garage or other parking area shall
not utilize more than thirty-three percent
(338) of any residential front yard; provided,
that the maximum width of a driveway shall not
exceed thirty feet (301) in any case, and
shall not be permitted for front yards with a
front footage width of less than eighty feet
(80');
85
(i) A drive apron means the connection between a
driveway and the traveled portion of a street,
in the public right-of-way, including any
sidewalk area abutting thereon; or
(j) Circular driveways used for turnarounds or
through traffic shall not utilize more than
thirty percent (30%) of any residential front
yards or corner side yards, with a front
footage or less than eighty feet (80').
SECTION 26: NONCONFORMING USES
A. INTENT
Within the districts established by this ordinance, or
amendments that may later be adopted, there exists:
(1) Lots and uses of lands;
(2) Buildings and structures;
(3) Uses of land and buildings in combination; and
(4) Characteristics of use which were lawful before
this ordinance was passed and amended, but which
would be prohibited, regulated or restricted under
the terms of this ordinance or future amendments.
It is the intent of this ordinance to permit these
nonconformities to continue until they are removed.
It is further the intent of this ordinance that
such nonconformities shall not be enlarged upon,
expanded or extended, nor be used as ground for
adding other buildings and structures or uses pro-
hibited elsewhere in the same district.
Nonconforming uses are declared by this ordinance
to be incompatible with permitted uses in the
districts involved. A nonconforming use of a
building or structure, a nonconforming use of land,
or a nonconforming use of buildings and land in
combination shall not be extended or enlarged after
passage of this ordinance by attachment on a
building or premises of additional signs intended
to be seen from off the premises, or by the addi-
tion of other uses, of a nature which would be pro-
hibited generally in the district involved.
M
To avoid undue hardship, nothing in this ordinance
shall be deemed to require a change in the plans,
construction, or designated use of any building on
which actual construction was lawfully begun prior
to the effective date of adoption or amendment of
this ordinance and upon which actual building
construction has been carried on diligently.
Actual construction is hereby defined to include
the placing of construction materials in permanent
position and fastened in a permanent manner. Where
excavation or demolition or removal of an existing
building has been substantially begun preparatory
to rebuilding, such excavation or demolition or
removal shall be deemed to be actual construction,
provided that work shall be carried on diligently.
B. NONCONFORMING LOTS OF RECORD
In any district in which residential commercial, or
industrial buildings are permitted, buildings may be
erected on any single lot of record, or multiple lots of
contiguous street frontage in the same ownership, which
were recorded prior to the effective date of this ordi-
nance. This provision shall apply even though such lot
or lots fail to meet the minimum requirements for area,
width, or both, as governed by Section 22; however, all
other provisions of Section 22 shall apply. Any
required variances shall be obtained only through the
city council.
(1) Conformance When
The lawful use of a building or land existing at
the date of enactment of this ordinance, although
such use does not conform to the provisions hereof,
may be continued, but if nonconforming use is
discontinued for a period of twelve (12) con-
secutive calendar months it shall not thereafter be
resumed and any future use of such building or land
shall be in conformity with the provisions hereof.
The use of land, if changed from a nonconforming
use, shall be in conformity with the provisions
hereof.
(2) Repairs - Cost Ceili
The total structure repairs or
nonconforming building shall not
exceed fifty percent (50%) of the
the building unless changed to a
1E
alterations in a
during its life,
assessed value of
conforming use.
The use of a nonconforming building may be changed
to another nonconforming use of the same or more
restricted classification.
(3) Extension When
A nonconforming use of a building or land shall not
be extended unless changed to a conforming use.
(4) Classification Chanaes
Whenever the nonconforming use of a structure is
changed to a use of a more restricted classifica-
tion, such use shall not thereafter be changed to a
use of a less restricted classification.
For the purpose of this regulation, uses permitted
in R-11, Districts shall be deemed to be those in
the most restricted classification.
(5) Restoration When
A nonconforming structure destroyed or damaged by
fire, flood, wind, earthquake, explosion or other
casualty, or by the public enemy, to the extent
where the cost of restoration would amount to less
than fifty percent (50%) of its assessed value may
be restored. If the damage is in excess of fifty
percent (50%) of its assessed value or restoration
is not started within a period of one (1) year and
carried diligently to completion, application for
restoration shall be made to the city council to
permit such restoration. Property owners, as shown
by the city tax records on the effective date of
this ordinance shall be able to restore their pro-
perty regardless of the extent of destruction,
without making application to the city council.
However, said restoration shall comply with all
construction codes then in effect within the city.
(6) Applicability
The provisions of this section shall
use that may become a nonconforming
change in the classification of the
which located, from the effective date
nance making the change.
m
apply to any
use due to a
district in
of the ordi-
(7) Board Approved Use Conforms
Any use which is permitted in a district only upon
action of the city council shall, upon its
establishment, be considered a conforming use in
that district, provided that this regulation shall
not be so interpreted as to waive any conditions of
a conditional permit for such use.
SECTION 27: PLANNING AND ZONING COMMISSION
A. CREATION OF PLANNING AND ZONING COMMISSION
There is hereby created a planning and zoning commission
which shall be organized, appointed and function as
follows:
The planning and zoning commission shall consist of five
(5) members who are residents of the City of Anna, each
to be appointed by the city council for a term of two
(2) years and removable for cause by the appointing
authority upon written charges and after public hearing.
The city council shall designate one (1) member as
chairman. Vacancies shall be filled for the unexpired
term of any member, whose place becomes vacant for any
cause, in the same manner as the original appointment
was made. Provided, however, that the city council may
appoint two (2) alternate members of the planning and
zoning commission who shall serve in the absence of one
(1) or more of the regular members when requested to do
so by the chairman or city administrator, as the case
may be; and
The terms of three (3) members shall expire in May of
each odd -numbered year and the terms of two (2) of the
members shall expire in May of each even -numbered year.
Commission members may be appointed to succeed them-
selves. Vacancies shall be filled for unexpired terms,
but no member shall be appointed for a term in excess of
two (2) years. Newly -appointed members shall be
installed at the first regular commission meeting after
their appointment.
We
B. ORGANIZATION
The commission shall hold an organizational meeting in
May of each year. The commission shall meet regularly
and shall designate the time and place of its meetings.
The commission shall adopt its own rules of procedure
and keep a record of its proceedings consistent with the
provisions of this ordinance and the requirements of
law.
C. DUTIES AND POWERS
The planning and zoning commission is hereby charged
with the duty and invested with the authority to:
(1) Inspect property and premises at reasonable hours
where required in the discharge of its respon-
sibilities under the laws of the State of Texas and
of the City.
(2) Recommend to the city council approval or disappro-
val of proposed changes in the zoning plan.
(3) Formulate and recommend to the city council for its
adoption a city plan for the orderly growth and
development of the city and its environs and from
time -to -time recommend such changes in the plan as
it finds will facilitate the movement of people and
goods, and the health, recreation , safety, and
general welfare of the citizens of the city.
(4) Formulate a zoning plan as may be deemed best to
carry out the goals of the city plan; hold public
hearings and make recommendations to the city coun-
cil relating to the creation, amendment, and imple-
mentation of zoning regulations and districts as
provided in Articles 1011a to 1011k, Revised Civil
Statutes of Texas, as amended, authorizing cities
and incorporated villages to pass regulations; all
powers granted under said Act are specifically
adopted and made a part hereof.
(5) Exercise all the powers of a commission as to
approval or disapproval of plans, plats, or replats
set out in Article 974a and 970a, Revised Civil
Statutes of Texas.
(6) Study and recommend on the location, extension and
planning of public rights -of -ways, parks or other
public places, and on the vacating or closing of
same.
we
(7) Study and recommend on the general design and loca-
tion of public buildings, bridges, viaducts, street
fixtures and other structures and appurtenances.
Study and recommend on the design or alteration and
on the location or relocation of works of art which
are, or may become, the property of the city.
(8) Inititate, in the name of the city, for con-
sideration at public hearing all proposals: (a)
for the opening, vacating or closing of public
rights-of-way, parks or other public places; or
closing of public rights-of-way, parks or other
public places; (b) for the change of zoning
district boundaries on an area -wide basis. No fee
shall be required for the filing of any such propo-
sal in the name of the city.
(9) Formulate and recommend to the city council for its
adoption policies and regulations consistent with
the adopted city plan governing the location and/or
operation of utilities, public facilities, and ser-
vices owned or under the control of the city.
(10) Submit each May a progress report to the city coun-
cil summarizing its activities, major accomplish-
ments for the past year, and a proposed work
program for the coming year. The report shall con-
tain for the year the attendance record of all mem-
bers and the identity of commission officers.
D. MEETING AND QUORUM
(1) A quorum for the conduct of business shall consist
of three (3) members of the commission. The mem-
bers of the commission shall regularly attend
meetings and public hearings of the commission and
shall serve without compensation, except for reim-
bursement of authorized expenses attendant to the
performance of their duties.
SECTION 28: AMENDMENTS
A. GENERAL
The zoning regulations, restrictions, and boundaries may
from time to time be amended, supplemented, changed,
modified or repealed: Such amendments, supplements,
changes, modification, or repeal shall be deemed to
91
3
A
D.
amend, supplement, change, modify, or repeal the compre-
hensive plan of the city and shall become a part of such
comprehensive plan. The planning and zoning commission
and its composition and duties are established by the
City Council of Anna.
AMENDMENT INITIATION
An amendment to this ordinance may be initiated by:
(1) City council on its own motion;
(2) Planning and zoning commission; or
(3) Request by owner or agent of owner of property to
be changed.
PRnCRDTjRR
All requests for amendments to zoning district boun-
daries shall be submitted, together with required fees
to the administrative official, which officer shall
cause notices to be sent and the petition placed on the
planning and zoning commission agenda.
The city council may not enact any proposed amendment
until the planning and zoning commission makes its final
report to the city council. The city council may refer
proposed amendments to the planning and zoning com-
mission for recommendation. Requests for changes in
zoning districts shall include the proposed designation
or designations for the area concerned. Alternative
proposals may be made at the time of filing the original
request for amendment. However, all hearings and deli
berations shall be limited to the request as submitted
by the applicant at the time of original filing.
PUBLIC HEARING AND NOTICE I
Prior to making its report to the city council, the
planning and zoning commission shall hold at least one
(1) public hearing thereon. Written notice of all
public hearings on proposed changes in district boun-
daries shall be sent not less than ten (10) days before
such hearing is held to all owners of property who have
rendered their property for city taxes, which is located
within the area proposed to be changed, within two
E
F
G.
hundred feet (200') of such property or within two
hundred feet (200') of any other adjacent property under
the same ownership as the tract to be rezoned.
Measurements shall be taken exclusive of public streets.
Such notice may be served by using the last known
address as listed on the city tax roll and depositing
the notice, postage paid, in the United States Mail. No
notice of hearings before the planning and zoning com-
mission on proposed changes in zoning regulations need
be given except as may be required by state laws.
COMMISSION REPORT
The planning and zoning commission, after the public
hearing is closed, shall vote on its recommendations on
the proposed change to be sent in a report to the city
council. Such report may recommend for or against such
proposed change and may, but need not, include reasons
for such decision. The commission may defer its report
for not more than sixty (60) days until it has had
opportunity to consider other proposed changes which may
have a direct bearing thereon. If the commission fails
to finally report after sixty (60) days, it would be
deemed to have recommended negatively to the proposal.
FORWARDING FINAL REPORT
Every proposal receiving a final report by the com-
mission shall be forwarded to the council for setting
and holding of public hearing thereon. No change,
however, shall become effective until after the adoption
of an ordinance for same and its publication as required
by law.
WITHDRAWAL
Any proposal or application may be withdrawn by the pro-
ponent after the commission makes its final report, and
such proposal or application shall not be subject to the
provision hereof that a period of time must pass before
a new application is considered. If such proposal is
withdrawn, the council will not consider it. Any propo-
sal or application withdrawn may be resubmitted and
shall be subject to all fees and notice requirements as
an original application.
93
K. PROTEST AGAINST CHANGE
In case of a protest against such change signed by the
owners of twenty percent (20%) or more either of the
land included in such proposed change, or of the land
within two hundred feet (200') thereof, excluding any
intervening public street, such amendment shall not
become effective except by the favorable vote of three-
fourths (3/4) of all the members of the city council
present and qualified to vote.
L. COUNCIL ACTION ON APPLICATION
The proponent of any zone change shall satisfy the city
council that either the general welfare of all the city
affected by the area to be changed will be enhanced, or
that the property is unusable for the purposes allowed
under existing zoning. If such is proved to the coun-
cil's satisfaction, it may grant the requested zone
change; or it may change the zone's designation of a
portion of such property; or it may initiate a request
to consider changing all or a portion of such property
to a district other than that requested and of a dif-
ferent character.
M. SITE PLAN AND SUPPORTING DOCUMENTS REQUIRED; PETITION
FOR ZONING DISTRICT CHANGE OR CONDITIONAL USE
When in the opinion of the planning and zoning com-
mission, city council, or zoning board of adjustment
that greater information is required from the petitioner
concerning the nature, extent, and impact of his
request than supplied with his applicator for a change
in zoning or conditional use permit, in order for such
commission, council, or board to properly review and
evaluate all relevant factors thereof, said commission,
council, or board may require the applicant to submit a
site plan and supporting documents conforming with all
or a portion of the requirements set forth in this sub-
section, prior to rendering a decision thereon.
The petitioner is encouraged to meet with the
appropriate commission, council, or board in an informal
work session to ascertain the exact extent of plans and
documents required, if any, prior to the city initiating
the advertisement for public hearing on the petition.
95
The general type and extent of plans and supporting
documents which may be required of the petitioner
include, but are not necessarily limited to:
(1) Site Plan
Meeting all of the requirements of a "preliminary
plat" as described in the city's subdivision regu-
lations, except that topographic and drainage map
information provisions may be waived by the reviewing
body when the inclusion of such data would not
materially contribute to the necessary evaluation of the
project's petition. Additional site plan drawing infor-
mation which the reviewing body may require include:
(a) Existing and proposed zoning district;
(b) General outline of extensive tree cover areas;
(c) Drainage ways, and 100 -year flood plain
limits;
(d) Proposed treatment for screening the perimeter
of the land embraced by the petition,
including screening of internal separations of
land use where required;
(e) Proposed internal nonvehicluar circulation
linkages, such as: pedestrian paths and hike
trails; bike trails; and equestrian bridle
paths, where applicable, including their
interrelationships with vehicular circulation
systems and proposed handling of points of
conflict;
(f) A tabular summary schedule indicating;
(i) The gross acreage and percent of each
type of zoning category proposed;
The gross acreage and percent of each
type of land use proposed, with streets
and open space categories listed separa-
tely, and residential uses further stra-
tified as to type, i.e., single family,
two-family, multi -family townhouse, etc.,
including the total gross project
acreage;
(2)
(3)
The gross
each type
proposed,
units per
residential
(i) of any
residential density of
of residential land use
expressed in dwelling
acre; and based on net
land use plus one-half
abutting street, only;
(iv) The quantitative number of dwelling units
proposed for each residential dwelling
type, i.e., single family, two-family,
etc.;
(v) Proposed maximum lot coverage by building
types (i.e., single family, duplex,
multi -family, commercial, office,
industrial, etc.) expressed in terms of
percent or floor area ratio of the lot or
site.
Architectural Drawings
Elevations, concept sketches, or renderings
depicting building types and other signficant pro-
posed improvements including the treatment and use
of open spaces, etc., where the submission of such
drawings would more clearly portray the nature and
character of the applicant's land use and develop-
ment proposals.
Written Documents
In narrative form on 8P" X 11" sheets, including:
(a) Statement(s) on planning objectives to be
achieved in use/development proposal,
including a narrative description of the
character of the proposed development and
rationale behind the assumptions and choices
made by the applicant, including use and
ownership of open spaces, etc.;
(b) Legal description of the total site area pro-
posed for rezoning, development, or con-
ditional use permit;
(c) A development schedule indicating the approxi-
mate date(s) when construction of the proposed
development, and subsequent stages or phases
thereof, if any, can be expected to begin and
be completed, to the best of the applicant's
knowledge and belief;
97
(d) A statement as to the present and proposed
ownership of the site or parcels thereof
embraced by the application;
(e) Economic feasibility and/or market analysis
studies, when deemed necessary by the re-
viewing body to adequately assess the neces-
sity for zoning certain parcels to the sizes
indicated by the applicant, or to evaluate
the need for granting a conditional use per-
mit;
(f) Environmental assessment statement, prepared
pursuant to the National Environmental Policy
Act of 1969, and any subsequent amendments
thereto, when deemed necessary by the review-
ing body to properly assess the impact of the
proposed development/land use on the existing
environment;
(g) Statement(s) as to how and when the applicant
proposes to provide water and sewer to the
development; and
(h) Signature, title, and date of the applicant,
at the conclusion of the written documents
certifying the information presented in the
plans and supporting documents reflecting a
reasonably accurate portrayal of the general
nature and character of the proposals.
SECTION 29: SEVERABILITY
It is hereby declared to be the intention of the city
council that the sections, paragraphs, sentences,
clauses and phrases of this ordinance are severable and,
if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the
same would have been enacted by the city council without
the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or
section.
This ordinance shall take effect immediately from and after
its passage and the publication of the caption as the law in
such cases provides.
PASSED AND APPROVED on this the -Z�L day of
1986, by the city council of the City of Anna, Tcxas by the
following vote:
AYES
NAYS
ABSTENTIONS
ATTEST:
City SeGr.etar
APPROVED:
Mayor
ZONING
ILLUSTRATIONS
100
6 It
rear yard
k—
Lot
RequirerneI
Note: For infomation o?ziu;
not part of code.
Note: For information only;
not part of code.
average selback 1
street
Average
Setback
19ote: 1'or informo tl:on on
rear lot line not !'Icrt of code.
not part of
code.
j
---- _-
�--rear
--
yard selback�--
i ��
I
I
I I
ifYl
I y
I
I I
I
1 I U
I
e I
I (D
I I p
I I
\
C
i
I I J
I
I t0
I
I
I 1 T
I
front yard selback
Iront lot line
_ [U
street -0 of G
7
6 _o
Lot Lines
and Setbacks
not part of
code.
j
LL—
and Setbacks
corner lot
i
I
I interior lot
through lot
I I
I I
I (reverse
________; korner
I Ilol
I I
I i
and Setbacks
Wote: For information only;
not part of code.
A9
\C i3o
450
Ilote: For information only;
not part of code.
right of way
Im
90
Parking Loi
Visibility Triangle