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ORDINANCE NO. 139 ..... , .~ ~ . NOTICE OF SPECIAL MEETING THE STATE OF TEXAS I I CITY OF SCHERTZ I I COUNTY OF GUADALUPE I TO THE MEMBERS OF THE CITY COUNCil. OF THE CITY OF SCHERTZ TEXAS : NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of Schertz , Texas, will be held at the City Hall in said City on the 31st day of March , 12 66 , at 8:00 o'clock P.M. , for the purpose of Holding a public tearing on a proposed Zoning Ordinance. DATED, this the 24th day of March , 19 66. - MayCf?~ ~~aMI Texas ATTEST: 1;, #: Q ;JAPYf Ci 'Y Secretary, City 0 Schertz Texas CONSENT TO MEETING WE, THE UNDERSIGNED, members of the City Council Qf the City of Schertz , Texas, hereby accept service of the foregoing notice, waivin g any and all irregularities in such I, J I service and such notice, and consent and ggree that said City Council shall meet at the time and place therein stated, and for the purpose herein stated. ~. 7-;(' ~v ~1~ ~., .., l .... . '. CI"~; S~HER'fZ ZOIING ORDIN~' 10. 139 An Ordinance eatablishing Zoning Regulations: SECTION 26 VIOLATION AND PENALTIES Any person who shall violate any oE, the provisions of this Zoning Code or who shall fail to comply therewith or with any of the requirements th~f, or who shall erect or alter any buflding, or who shall commence to erect or alter any building in violation of any detailed statemant of plan submitted or approved thereunder, shall for each and every violation or noncompliance- be deemed guilty of a lIIisdemeanorand shall be fined not IIIOre than two hundred dollars <#200.00). and each day such v.iolation shall be permitted to exist shall constitute a lIIeparll~t offense. The ,\ owner of that building or prelllises or part thereof where anything 11:1 violation ot this zoning code shall be placed or shall exist and any architect. building, contractor. agent, person or corporation emplOyed in conne-ction therewith who may have assisted in the cOlllllission otuy such viobtion shall each be ilU!lty of a separate offense and upon conviction shall be subject to t.he panalties herein provided. This amended code shall be collie effective from and after the date ot its approval and adoption as provided by law. PASSED AND APPROVED this the 31 day of March 1966. ATTEST: ~1/~~), Mayor, City of Schertz 4 A~tl f II (Jr~? G. . c City Secretary , . / ~ ( Clt, 01 Scll.rtz SCHERTZ, TEXAS NOTICE TO ALL CITIZENS A public hearing on the prGlposed Zoning Ordinance for the City of Schertz will be held on Tuesday, February 22, 1966 at 8:00 P.M. at the City Hall. This hearing will be conducted by the Planning and Zoning Commission of City of Schertz to provide an opportunity for the citizens to express their opinions regarding the proposed ordinance. A copy of the proposed Zoning Ordinance, together with a proposed Zoning District Map are available for study by the citizens at the office of the City Clerk. All interested citizens are invited to attend the public hearing. ~o:~/G7;jaA) RoyW Richard, Mayor .. / .-. SECTION 27 INTERPRETATION OF ORDINANCE CONFLICT WITH OrHER LAWS. WHEREVER THE REQUIREMENTS OF THIS ORDINANCE ARE AT VARIANCE WITH THE REQUIREMENTS OF ANY OTHER LAWFULLY ADOPTED RULES, REGULATIONS OR ORDINANCES, THE MORE RESTRICTIVE OR THAT IMPOSING THE HIGHER STANDARDS, SHALL GOVERN. SECTION 28 EFFECTIVE DATE THIS AMENDED CODE SHALL BECOME EFFECTIVE FROM AND AFTER THE DATE OF ITS APPROVAL AND ADOPTION AS PROVIDED BY LAW. PASSED AND APPROVED THIS THE WITH AN EFFECTIVE DATE OF 1! Z- DAY OF ~~n~~l/ 19~6A. D., 1966, SIGNED: MA YOR ATTEST: l flfJ;JAOP p) ('TY SECRETARY - -34- " , . ~.. . . I 3 g c0A('~- CJ - I \':J ZONING ORDINANCE PREPARED THROUGH THE COOPERATION OF THE TEXAS STATE DEPART~ENT OF HEALTH The preparation of this material was financially aided through a Federal Grant from the Urban Renewal Administration of the Department of Housing and Urban Development, under the Urban Planning Assistance Program authorized by Sec- tion 701 of the Housing Act of 1954, as amended. SCHERTZ, TEXAS . .. ", CITY OF SCHERTZ ZONING ORDINANCE I NDEX PAGE NO. PART I ENACTMENT AND DEFINITIONS. SECT I.ON 1 SECTION 2 SECT ION 3 SECTION 4 SECTION 5 ENA CTMENT . DEfi NIT IONS ESTABLISHMENT OF DISTRICTS RULES FOR THE INTERPERTATION OF D!STRICT BOUNDARIES COMPLIANCE WITH THE REGULATIONS. PART II DISTRICT USE AND AREA REGULATIONS. SECTION SECT ION SECT ION SECTION SECTION SECTION SECTION SECTION SECT! ON SECTION SECT! ON SECTION SECT I ON 6 R-1 SINGLE FAMILY DWELLING DISTRICT 7 R-2 SINGLE FAMILY DwELLING DISTRICT 8 R-3 Two FAMILY ~dELLING DISTRICT . . 9 R..4 MULTIPLE FAMILY DWIrLLING DISTRICT. 10 C-1 LOCAL BUSINESS DISTRICT . 11 C-2 GENERAL BUSINESS DISTRICT 12 M-1 RESTRICTED INDUSTRIAL DISTRICT. 113 M-2 INDUSTRIAL DISTRICT 4 HEIGHT AND AREA REGULAT IONS. 1) HEIGHT AND AREA EXCEPTIONS AND MODIFICATIONS 1b OFF-STREET PARKING AND LOADING REQUIREMENTS. 117 SPECIAL USE REGULATIONS 8 NON-CONFORMING USES. PART III ADMINISTRATIVE PROVISIONS. SECTION 19 SECT I ON 20 SECTION 21 SECT I ON 22 SECT ION 223 SECTION 1+ SECTION 25 SECTION 26 SECT I ON 227 SECTION 8 OFFICIAL ZONING MAp. ENFORCEMENT PLANS EFFECT UPON EXISTING PERMITS, AGREEMENTS AND RIGHTS BOARD OF ADJUSTMENT. CERTIFICATE Of OCCUPANCY AMENDMENTS, VIOLATION AND PENALTIES INTERPRETATION OF ORDINANCE EfFECTI VE DATE 1 1 6 7 7 8 8 9 9 10 10 12 13 14 16 18 20 23 26 26 26 27 ~l 29 31 32 3~ ~4 r . . CITY OF SCHERTZ ZONING ORDINANCE AN ORDINANCE ESTABLISHING ZONING REGULATIONS AND DIVIDING THE CITY Of SCHERTZ INTO DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN AND REGULATING THE USE AND HEIGHT Of BUILDING, THE SIZE Of YARDS, THE DENSITY Of POPULATION, ADOPTING A ZONING MAP SHOWING THE LOCATION AND BOUNDARIES Of THE VARIOUS DIS- TRICTS AND USE AREAS, AND PROVIDING fOR EXCEPTIONS, AND ISSUANCE Of LICENSES, METHODS Of ENfORCEMENTS, iNTERPRETATION Of ZONING MAP, A BOARD Of ADJUSTMENT, PRESCRIBING ITS DUTIES AND OPERATION, ZONING Of NEW TERRITORY UPON EXTENSION Of CITY LIMITS, PENALTIES fOR VIOLATION, fUTURE CHANGES AND AMENDMENTS, DE- f!NING VARIOUS TERMS AND WORDS USED IN THE ORDINANCE, PROVIDING A SAVING CLAUSE AND fiXING EffECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF SCHERTZ, TEXAS: PART 1: ENACTMENT AND DEFINlilONS SECTION 1. ENACTMENT SECTION 1-1 SHORT TITLE. THIS ORDINANCE SHALL BE KNOWN AND MAY BE CITED AS "THE ZONING ORDINANCit'Q'F THE CITY Of SCHERTZ". 1-2 ~ABILITY Of CHAPTER. If fOR ANY REASON ANY ONE OR MORE SECTIONS, SENTENCES, CLAUSES, OR PARTS OF THIS CHAPTER ARE HELD INVALID, SUCH JUDGMENT SHALL NOT EffECT, I MPA I R OR INVALI DATE THE REMA I N !riG PROV I S IONS Of THIS ORDINANCE BUT SHALL BE CONfiNED IN ITS OPERATION TO THE SPECifiC SECTIONS, SENTENCES, CLAUSES OR PARTS Of THIS CHAPTER HELD INVALID AND THE INVALIDITY Of ANY SECTION, SENTENCE, CLAUSE OR PART Of THIS CHAPTER IN ANY ONE OR MORE INSTANCE' SHALL NOT AffECT OR PREJUDICE IN ANY WAY THE VALIDITY Of THIS CHAPTER IN ANY OTHER INSTANCE. 1-3 ADOPTION Of LEGISLATIVE GRANT Of POWER. ARTICLES l011A THROUGH 1011K Of THE REVISED CIVIL STATUTES Of THE STATE Of TEXAS ARE HEREBY ADOPTED AND THE PROVISIONS Of THIS CHAPTER ARE ADOPTED IN THE EXERCISE OF THE POWER GRANTED TO MUNICIPALITIES BY SUCH STATUTES. SECTION 2. DEFINITIONS SECTION 2-1 FOR THE PURPOSE Of THIS ORDINANCE, CERTAIN TERMS AND WORDS ARE HEREBY DEFINED. WORDS USED IN THE PRESENT TENSE SHALL INCLUDE THE FUTURE; THE SINGULAR NUMBER SHALL INCLUDE THE PLURAL AND THE PLURAL THE SINGU~AR; THE WORD "BU I LD I NG" SHA~L I NCLUDE THE WORD "STRUCTURE" AND THE WORD "SHALL" 1S MANDATORY AND NOT DIRECTORY. THE WORD "LOT" SHALL INCLUDE THE WORD "PLOT", "PREMISE", "TRACT", AND "PARCEL" AND EXCEPT WHEN SPECIFICALI_Y STATED OTHERWISE SHALL MEAN A BUILDING LOT. 2-2 ACCESSORY USE: AN ACCESSORY USE OR BUILDING IS A SUBORDINATE USE OR BUILDING CUSTOMARILY INCIDENT TO AND LOCATED ON THE SAME LOT OCCUPIED BY THE MAIN USE OR BUILDING. -1- . 2-3 ALLEY: A WAY WHICH AffORDS ONLY A SECONDARY MEANS Of ACCESS TO PROPERTY ABUTTING THEREON. 2-4 APARTMENT: A ROOM OR SUITE Of ROOMS INTENDED, DESIGNED, OR USED AS A RESIDENCE BY A SINGLE fAMILY. 2-5 APARTMENT HOTEL: A BUILDING DESIGNED fOR OR CONTAINING BOTH APARTMENTS AND INDIVIDUAL GUEST ROOMS OR SUITES Of ROOMS AND APARTMENTS AND IN WHICH MAY BE fURNISHED SERVICES ORDINARILY fURNISHED BY HOTELS. 2-6 APARTMENT HOUSE: SEE DWELLING, MULTIPLE. 2-7 BASEMENT: A STORY HAVING PART BUT NOT MORE THAN ONE-HALf (1/2) Of ITS HEIGHT ABOVE GRADE AND USED fDR STORAGE, GARAGES fOR USE BY OCCUPANTS Of THE BUILDING, JANITOR OR WATCHMAN QUARTERS, OR OTHER UTILITIES COMMON fOR THE REST Of THE BUILDING. A BASEMENT USED fOR THE ABOVE PURPOSE SHALL NOT BE COUNTED AS A STORY. 2-8 BoARDING HOUSE: A BUILDING OTHER THAN A HOTEL WHERE, fOR COMPEN- SATION AND BY ARRANGEMENT, MEALS OR LODGING AND MEALS ARE PROVIDED fOR THRE~ (3) OR MORE, BUT NOT EXCEEDING TWENTY (20) PERSONS. 2-9 BUILDING: ANY STRUCTURE DESIGNED OR BUILT fOR THE SUPPORT, EN- CLOSURE, SHELTER, OR PROTECTION Of PERSONS, ANIMALS, CHATTELS OR PROPERTY Of ANY KIND. 2-10 BUILDING. HEIGHT Of: 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 THE MEAN HEIGHT LEVEL BETWEEN EAVES AND RIDGE fOR GABLE, HIP AND GAMBREL ROOfS. 2-11 CLINIC: AN ESTABLISHMENT WHERE PATIENTS, WHO ARE NOT LODGED OVER- NIGHT, ARE ADMITTED fOR EXAMINATION AND TREATMENT BY A GROUP Of PHYSICIANS PRACTICING MEDICINE TOGETHER. 2-12 ~: A BUILDING OR PORTION THEREOf OR PREMISES OWNED OR OPERATED BY A CORPORATION, ASSOCIATION, PERSON OR PERSONS fOR A SOCIAL, EDUCATIONAL OR RECREATIONAL PURPOSE, BUT NOT PRIMARILY fOR PROfiT OR TO RENDER A SERVICE WHICH IS CUSTOMARILY CARRIED ON AS A BUSINESS. 2-13 DISTRICT: ANY SECTION Of THE CITY Of SCHERTZ fOR WHICH THE ZONING REGULATIONS GOVERNING THE USE Of BUILDINGS AND PREMISES, THE HEIGHT Of BUILDINGS, THE SIZE Of YARDS, AND THE INTENSITY Of USE ARE UNifORM. 2-14 DwELLING: ANY BUILDING OR PORTION THEREOf WHICH IS DESIGNED fOR OR USED fOR RESIDENTIAL PURPOSES. 2-15 DwELLING, SINGLE-fAMILY: A BUILDING DESIGNED fOR OR OCCUPIED EXCLUSIVELY BY ONE (1) fAMILY. 2-16 DwELLING, TWO-fAMILY: A BUILDING DESIGNED fOR OR OCCUPIED EXCLUSIVELY BY TWO (2) fAMILIES. ~- , " 2-17 DWELLING, MULTIPLE: A BUILDING DESIGNED FOR OR OCCUPIED EXCLUSIVE- LY BY THREE (3) OR MORE FAMILIES. 2-18 FAMILY: ONE OR MORE PERSONS OCCUPYING A DWELLING AND LIVING AS A SINGLE HOUSEKEEPING UNIT AND DOING THEIR OWN COOKING ON THE PREMISES, AS DISTIN- GUISHED FROM A GROUP OCCUPYING A BOARDING HOUSE, LODGING HOUSE, OR HOTEL, AS HEREIN DEFINED. 2-19 FILLING STATION: ANY BUILDING, STRUCTURE, OR LAND USED FOR THE DISPENSING, SALE OR OFFERING FOR SAL,E AT RETAIL OF ANY AUTOMOBILE FUELS, OIL~; OR ACCESSORIES, INCLUDING LUBRICATION OF AUTOMOBILES AND REPLACEMENT OR INSTALLATIOI OF MINOR PARTS AND ACCESSORIES BUT NOT INCLUDING MAJOR REPAIR ~ORK SUCH AS MOTOR REPLACEMENT, BODY AND FENDER REPAIR OR SPRAY PAINTING. 2-20 FRONTAGE: ALL THE PROPERTY ON ONE SIDE OF A STREET BETWEEN TWO INTERSECTING STREETS (CROSSING OR TERMINATING), MEASURED ALONG THE LINE OF THE STREET, OR IF THE STREET IS DEAD ENDED, THEN ALL OF THE PROPERTY ABUTTING ON ONE SIDE BETWEEN AN INTERSECTING STREET AND THE DEAD END OF THE STREET. 2-21 GARAGE. PRIVATE: AN ACCESSORY BUILDING DESIGNED OR USED FOR THE STORAGE OF NOT MORE THAN FOUR (4) MOTOR-DRIVEN VEHICL,ES OWNED AND USED BY THE OCCUPANTS OF THE BUILDING TO WHICH IT IS ACCESSORY. NOT MORE THAN ONE (1) OF THE VEHICLES MAY BE A COMMERCIAL VEHICLE Or NOT MORE THAN TWO (2) TON CAPACITY. 2-22 GARAGE. PUBLIC: A BUILDING OR PORTION THEREOF, OTHER THAN A PRI- VATE OR STORAGE GARAGE, DESIGNED OR USED FOR EQUIPPING, SERVICING, REPAIRING, HIRING, SELLING OR STORING MOTOR-DRIVEN VEHICLES. 2-23 GARAGE, STORAGE OR PARKING: A BUILDING OR PORTION THEREOF DESIGNEe OR USED EXCLUSIVELY FOR TERM STORAGE BY PRE-ARRANGEMENT OF MOTOR-DRIVEN VEHICLES: AS DISTINGUISHED FROM DAILY STORAGE FURNISHED TRANSIENTS, AND WITHIN WHICH MOTOR FUELS AND OILS MAY BE SOLD, BUT NO MOTOR-DRIVEN VEHICLES ARE EQUIPPED, REPAIRED, HIRED OR SOLD. 2-24 GRADE: A. FOR BUILDINGS HAVING WALLS ADJOINING ONE STREET ONLY, THE ELEVATION OF THE PROPERTY LINE AT THE CENTER OF THE WALL ADJOINING THE STREET. B. FOR BUILDINGS HAVING WALLS ADJOINING MORE THAN ONE STREET, THE AVERAGE OF TW ELEVATION OF THE PROPERTY LINES AT THE CENTERS OF ALL WALLS ADJOINING THE STREET~ C. FOR BUILDINGS HAVING NO WALL ADJOINING THE STREET, THE AVERAGE LEVEL OF THE FINISHED SURFACE OF THE GROUND ADJACENT TO THE EXTERIOR WALLS OF THE BUILDING. 2-25 HEIGHT: THE HEIGHT OF A BUILDING OR PORTION OF A BUILDING SHALL BE MEASURED FROM THE ESTABLISHED GRADE TO THE HIGHEST POINT OF THE ROOF'S SURFACE IF A FLAT SURFACE; TO THE DECK LINE OF MANSARD ROOFS, AND TO THE MAIN HEIGHT LEVE~ BETWEEN EAVES AND RIDGE FOR HIP AND GABLE ROOF. IN MEASURING THE HEIGHT OF A BUILDING THE FOLLOWING STRUCTURES SHALL BE EXCLUDED: CHIMNEYS, COOLING TOWERS, ELEVATOR BULKHEADS, PENTHOUSES, TANKS, ~ATER TOWERS, RAD I 0 TOWERS, ORNAI.ENTA L CUPOLAS, DOMES, SIGNS, SPIRES AND PARAPET WALLS NOT EXCEEDING FOUR FEET IN HEIG:r. -3- ; 2-26 HOME OCCUPATION: ANY OCCUPATION OR ACTIVITY CARRIED ON BY A MEMBER Of THE IMMEDIATE fAMILY, RESIDING ON THE PREMISES, IN CONNECTION WITH WHICH THERE IS USED NO SIGN OTHER THAN A NAME PLATE NOT MORE THAN ONE (1) SQUARE fOOT IN AREA, OR NO DISPLAY THAT WILL INDICATE fROM THE EXTERIOR THAT THE BUILD- ING IS BEING UTILIZED IN PART fOR ANY PURPOSE OTHER THAN THAT Of A DWELLING; THERE IS NO COMMODITY SOLD UPON THE PREMISES; NO PERSON IS EMPLOYED OTHER THAN A MEMBER Of THE IMMEDIATE fAMILY RESIDING ON THE PREMISES; AND NO MECHANICAL EQUIPMENT IS USED EXCEPT Of A TYPE THAT IS SIMILAR IN CHARACTER TO THAT NORMALLY USED fOR PURELY DOMESTIC OR HOUSEHOLD PURPOSES. HOME OCCUPATION SHALL INCLUDE THE USE Of PREMISES BY A PHYSICIAN, SURGEON, DEN- TIST, LAWYER, CLERGYMAN OR OTHER PROfESSIONAL PERSON fOR CONSULTATION OR EMERGENC TREATMENT, BUT NOT fOR THE GENERAL PRACTICE Of HIS PROfESSION. 2-27 HOTEL: A BUILDING IN WHICH LODGING OR BOARDING AND LODGING ARE PROVIDED AND OffERED TO THE PUBLIC fOR COMPENSATION AND IN WHICH INGRESS AND EGRESS TO AND fROM ALL ROOMS IS MADE THROUGH AN INSIDE LOBBY OR OffiCE SUPER- VISED BY A PERSON IN CHARGE AT ALL HOURS, AND AS SUCH IS OPEN TO THE PUBLIC. 2-28 INSTITUTION: A BUILDING OCCUPIED BY A NON-PROfiT CORPORATION OR A NON-PROfiT ESTABLISHMENT fOR PUBLIC USE. 2-29 LOADING SPACE: A SPACE WITHIN THE MAIN BUILDING OR ON THE SAME LOT THEREWITH, PROVIDING FOR THE STANDING, LOADING OR UNLOADING OF TRUCKS, AND HAVING A MINIMUM DIMENSION Of 12 BY 35 fEET AND A VERTICAL CLEARANCE OF AT LEAST 14 fEET. 2-30 LODGING HOUSE: A BUILDING OTHER THAN A HOTEL WHERE LODGING fOR THREE (3) OR MORE PERSONS IS PROVIDED fOR COMPENSATION PURSUANT TO PREVIOUS ARRANGEMENT AND NOT TO ANY ONE WHO MAY APPLY. 2-31 LOT: A PARCEL Of LAND OCCUPIED OR INTENDED fOR OCCUPANCY BY A USE PERMITTED IN THIS OReINANCE, INCLUDING ONE (1) MAIN BUILDING TOGETHER WITH ITS ACCESSORY BUILDINGS, THE OPEN SPACES AND PARKING SPACES REQUIRED BY THIS ORDINANCE, AND HAVING ITS PRINCIPAL fRONTAGE UPON A STREET OR UPON AN OfFICIALLY APPROVED PLACE. 2-32 LOT. CORNER: A LOT ABUTTING UPON TWO (2) OR MORE STREETS AT THEIR INTERSECTION. 2-33 LOT. DoUBLE FRONTAGE: A LOT HAVING A fRONTAGE ON TWO (2) NON- INTERSECTING STREETS AS DISTINGUISHED fROM A CORNER LOT. 2-34 LOT Of RECORD: A LOT WHICH IS PART Of A SUBDIVISION, THE MAP Of WHICH HAS BEEN RECORDED IN THE OffiCE Of THE COUNTY CLERK Of GUADALUPE COUNTY; OR A PARCEL Of LAND, THE DEED Of WHICH WAS RECORDED IN THE OffiCE Of THE COUNTY CLERK Of GUADALUPE COUNTY. 2-35 MoTOR COURT OR MOTEL: A BUILDING OR GROUP Of BUILDINGS USED FOR THE TEMPORARY RESIDENCE Of MOTORISTS OR TRAVELERS. -4- ) 2-36 NON-CONFORMING USE: THE USE OF LAND OR A BUILDING, OR PORTION THEREOf, WHICH USE DOES NOT CONfORM WITH THE USE REGULATIONS Of THE DISTRICT IN WHICH IT IS SITUATED. 2-37 PARKING AREA: AN OPEN, UNOCCUPIED SPACE USED OR REQUIRED fOR USE fOR PARKING Of AUTOMOBILES EXCLUSIVELY AND IN WHICH NO GASOLINE OR AUTOMOBILE ACCESSORIES ARE SOLD OR NO OTHER BUSINESS IS CONDUCTED AND NO fEES ARE CHARGED. 2-38 PARKING SPACE: A SURfACED AREA, ENCLOSED IN THE MAIN BUILDING OR IN AN ACCESSORY BUILDING, OR UNENCLOSED, HAVING AN AREA Of NOT LESS THAN ONE HUNDRED AND EIGHTY (180) SQUARE fEET EXCLUSIVE Of DRIVEWAYS, PERMANENTLY RESERVED fOR THE STORAGE Of ONE AUTOMOBILE AND CONNECTED WITH A STREET OR ALLEY BY A SUR- FACED DRIVEWAY WHICH AFfORDS SATISfACTORY INGRESS AND EGRESS. 2-39 PLACE: AN OPEN UNOCCUPIED SPACE OR A PUBLIC OR PRIVATE THOROUGH- fARE OTHER THAN A STREET OR ALLEY PERMANENTLY RESERVED AS THE PRINCIPAL MEANS Of ACCESS TO ABUTTING PROPERTY. 2-40 ROOMING HOUSE: SEE LODGING HOUSE. 2-41 STORY: THAT PORTION Of A BUILDING, OTHER THAN A BASEMENT, INCLUDED BETWEEN THE SURfACE Of ANY fLOOR AND THE SURfACE Of THE fLOOR NEXT ABOVE IT OR, If THERE BE NO fLOOR ABOVE IT, THEN THE SPACE BETWEEN THE fLOOR AND THE CEILING NEXT ABOVE IT. 2-42 STORY, HALF: A PARTIAL STORY UNDER A GABLE, HIP OR GAMBREL ROOf, THE WALL PLATES Of WHICH ON AT LEAST TWO OPPOSITE EXTERIOR WALLS ARE NOT MORE THAN FOUR fEET ABOVE THE fLOOR Of SUCH STORY, EXCEPT THAT ANY PARTIAL STORY USED fOR RESIDENCE PURPOSES, OTHER THAN fOR A JANITOR OR CARETAKER OR HIS fAMILY, OR BY A fAMILY OCCUPYING THE FLOOR IMMEDIATELY BELOW IT, SHALL BE DEEMED A fULL STORY. 2-43 STREET: CIPAL MEANS OF ACCESS A PUBLIC OR PRIVATE THOROUGHfARE WHICH AffORDS THE PRIN- TO ABUTTING PROPERTY. 2-44 ?TREET LINE: A DIVIDING LINE BETWEEN A LOT, TRACT OR PARCEL Of LAND AND A CONTIGUOUS STREET. 2.45 STRUCTURE: ANYTHING CONSTRUCTED OR ERECTED, THE USE Of WHICH REQUIRES MORE OR LESS PERMANENT LOCATION ON THE GROUND OR ATTACHED TO SOMETHING HAVING A PERMANENT LOCATION ON THE GROUND, INCLUDING, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ADVERTISING SIGNS, BILLBOARDS, BACK STOPS fOR TENNIS COURTS, AND ARBORS. 2-46 STRUCTURAL ALTERATIONS: ANY CHANGE WHICH WOULD TEND TO PROLONG THE LIFE Of A SUPPORTING MEMBER OF A STRUCTURE SUCH AS BEARING WALLS, COLUMNS, BEAMS OR GIRDERS. 2-47 TOURIST HOME: A BUILDING OTHER THAN A HOTEL WHERE LODGING IS PROVIDED AND OffERED TO THE PUBLIC FOR COMPENSATION fOR NOT MORE THAN TWENTY (20) INDIVIDUALS AND OPEN TO TRANSIENT GUESTS. ~- 2-48 TOURIST OR TRAILER CAMP: AN AREA WHERE ONE (1) OR MORE TENTS OR AUTO TRAILERS CAN BE OR ARE INTENDED TO BE PARKED, DESIGNED OR INTENDED TO BE USED AS TEMPORARY L.lVING FACILITIES OF ONE (1) OR MORE FAMILIES, AND INTENDED PRIMARILY FOR AUTOMOBILE TRANSIENTS. 2-49 YARD: AN OPEN SPACE AT GRADE BETWEEN A BUILDING AND THE ADJOINING LOT LINES, UNOCCUPIED AND UNOBSTRUCTED BY ANY PORTION OF A STRUCTURE FROM THE GROUND UPWARD, EXCEPT AS OTHERWISE PROVIDED HEREIN. IN MEASURING A YARD FOR THE PURPOSE OF DETERMINING THE WIDTH OF A SIDE YARD, THE DEPTH OF A FRONT YARD OR THE DEPTH OF THE REAR YARD, THE MINIMUM HORIZONTAL DISTANCE BETWEEN THE LOT LINE AND THE MAIN BUILDING SHALL BE USED. 2-50 YARD, FRONT: A YARD EXTENDING ACROSS THE FRONT OF A LOT BETWEEN THE SIDE LOT LINES, AND BEING THE MINIMUM HORIZONTAL DISTANCE BETWEEN THE STREET OR PLACE LINE AND THE MAIN BUILDING OR ANY PROJECTIONS THEREOF OTHER THAN THE PROJECTIONS OF THE USUAL UNCOVERED STEPS, UNCOVERED BALCONIES, OR UNCOVERED PORCH. ON CORNER LOTS THE FRONT YARD SHALL BE CONSIDERED AS PARALLEL TO THE STREET UPON WHICH THE LOT HAS ITS LEAST DIMENSION. 2-51 YARD, REAR: A YARD EXTENDING ACROSS THE REAR OF A LOT AND BEING THE REQUIRED MINIMUM HORIZONTAL DISTANCE BETWEEN THE REAR LOT LINE AND THE REAR OF THE MAIN BUILDING OR ANY PROJECTIONS THEREOF OTHER THAN THE PROJECTIONS OF UNCOVERED STEPS, UNENCLOSED BALCONIES OR UNENCLOSED PORCHES. ON ALL LOTS THE REAR YARD SHALL BE IN THE REAR OF THE FRONT YARD. 2-52 YARD, SIDE: A YARD BETWEEN THE MAIN BUILDING AND THE SIDE LINE OF THE LOT, AND EXTENDING FROM THE REQUIRED FRONT YARD TO THE REQUIRED REAR YARD, AND BEING THE MINIMUM HORIZONTAL DISTANCE BETWEEN A SIDE LOT LINE AND THE SIDE OF THE MAIN BUILDINGS OR ANY PROJECTIONS THERETO. SECTION 3. ESTABLISHMENT Of DISTRICTS AND BOUNDARIES SECTION 3-1 FOR THE PURPOSES OF THIS ORDINANCE, THE CITY OF SCHERTZ IS HEREBY DIVIDED INTO EIGHT (8) DISTRICTS AS FOLLOWS: R-1 SINGLE FAMILY DwELLING DISTRICT R-2 SINGLE FAMILY DwELLING DISTRICT R-3 Two-FAMILY DwELLING DISTRICT R-4 MULTIPLE DwELLING DISTRICT C-1 LOCAL BUSINESS DISTRICT C-2 GENERAL BUSINESS DISTRICT M-1 RESTRICTED INDUSTRIAL DISTRICT M-2 INDUSTRIAL DISTRICT -6- " 3-2 THE LOCATION AND BOUNDARIES OF THE DISTRICTS HEREIN ESTABLISHED ARE SHOWN UPON THE OFFICIAL ZONING MAP, WHICH IS HEREBY INCORPORATED INTO AND MADE A PART OF THIS ORDINANCE. SAID ZONING MAp, TOGETHER WITH ALL NOTATIONS, REFERENCES AND OTHER INFORMATION SHOWN THEREON AND ALL AMENDMENTS THERETO, SHALL BE AS MUCH A PART OF THIS ORD!NANCE AS IF FULLY SET FORTH AND DESCRIBED HEREIN. WHICH ZONING DISTRICT MAp, PROPERLY ATTESTED IS ON FILE IN THE OFFICE OF THE CITY SECRETARY. SECTION 4. RULES FOR THE INTERPRETATION OF DISTRICT BOUNDARIES WHERE UNCERTAINTY EXISTS WITH RESPECT TO THE BOUNDARIES OF ANY OF THE AFORESAID DISTRICTS AS SHOWN ON THE ZONING MAp, THE FOLLOWING RULES SHALL APPLY: 4-1 WHERE DISTRiCT BOUNDARIES ARE INDICATED AS APPROXIMATELY FOLLOWING A STREET OR HIGHWAY RIGHT-OF-WAY LINES, SUCH LINES SHALL BE CONSTRUED TO BE SUCH BOUNDAR I ES. 4-2 WHERE DISTRICT BOUNDARIES ARE SO INDICATED THAT THEY APPROXIMATELY FOLLOW THE LOT LINES, SUCH LOT LINES SHALL BE CONSTRUED TO BE SAID BOUNDARIES. 4-3 WHERE DISTRICT BOUNDARIES ARE SO INDICATED THAT THEY ARE APPROXI- MATELY PARALLEL TO THE CENTER LINES OR STREET LINES OF STREETS, OR THE CENTER LINES OF RIGHT-OF-WAY LINES OF HIGHWAYS, SUCH DISTRICT BOUNDARIES SHALL BE CONSTRUED AS BEING PARALLEL THERETO AND AT SUCH DISTANCE THEREFROM AS INDICATED ON THE ZONING MAp. IF NO DISTANCE IS GIVEN, SUCH DIMENSION SHALL BE DETERMINED BY THE USE OF THE SCALE ON SAID ZONING MAP. 4-4 IN UNSUBDIVIDED PROPERTY, THE DISTRICT BOUNDARY LINES ON THE ZONING MAp SHALL BE DETERMINED BY USE OF THE SCALE APPEARING ON THE MAP. 4-5 IN THE CASE OF A DISTRICT BOUNDARY LINE DIVIDING A PROPERTY INTO TWO PARTS, THE DISTRICT BOUNDARY LINE SHALL BE CONSTRUED TO BE THE PROPERTY LINE NEAREST THE LESS RESTRICTED DISTRICT. 4-6 WHENEVER ANY STREET, ALLEY OR OTHER PUBLIC WAY IS VACATEO BY OFFICIAL ACTION OF THE CITY COMMISSION, THE ZONING DISTRICT ADJOINING EACH SIDE OF SUCH STREET, ALLEY OR PUBLIC WAY SHALL BE AUTOMATICALLY EXTENDED TO THE CENTER OF SUCH VACATION AND ALL AREA INCLUDED IN THE VACATION SHALL THEN AND HENCEFORTH BE SUB- JECT TO ALL REGULATIONS OF THE EXTENDED DISTRICTS. SECTION 5. COMPLIANCE WITH THE REGULATIONS EXCEPT AS HEREINAFTER SPECIFICALLY PROVIDED: SECTION 5-1 No LAND SHALL BE USED EXCEPT FOR A PURPOSE PERMITTED IN THE DISTRICT IN WHICH IT IS LOCATED. 5-2 No BUILDING SHALL BE ERECTED, CONVERTED, ENLARGED, RECONSTRUCTED, MOVED OR STRUCTURALLY ALTERED, NOR SHALL ANY BUILDING BE USED, EXCEPT FOR A USE PERI41TTED IN THE DISTRICT IN WHICH SUCH BUILDING IS LOCATED. -7- " 5-3 No BUILDING SHALL BE ERECTED, CONVERTED, ENLARGED, RECONSTRUCTED OR STRUCTURALLY ALTERED TO EXCEED THE HEIGHT LIMIT HEREIN ESTABLISHED FOR THE DISTRICT IN WHICH SUCH BUILDING IS LOCATED. 5-4 No BUILDING SHALL BE ERECTED, CONVERTED, ENLARGED, RECONSTRUCTED OR STRUCTURALLY ALTERED EXCEPT IN CONFORMITY WITH THE AREA REGULATIONS OF THE DIS- TRICT IN WHICH SUCH BUILDING IS LOCATED. 5-5 No BUILDING SHALL BE ERECTED, OR STRUCTURALLY ALTERED TO THE EXTENT SPECIFICALLY PROVIDED HEREINAFTER EXCEPT IN CONFORMITY WITH THE OFF-STREET PARK- ING AND LOADING REGULATIONS OF THE DISTRICT IN WHICH SUCH BUILDING IS LOCATED. 5-6 THE MINIMUM YARDS, PARKING SPACES, AND OPEN SPACES, INCLUDING LOT AREA PER FAMILY, REQUIRED BY THIS ORDINANCE FOR EACH AND EVERY BUILDING EXISTING AT THE TIME OF PASSAGE OF THIS ORDINANCE OR FOR ANY BUILDING HEREAFTER ERECTED, SHALL NOT BE ENCROACHED UPON OR CONSIDERED AS PART OF THE YARD OR PARKING SPACE OR OPEN SPACE REQUIRED FOR ANY OTHER BUILDING, NOR SHALL ANY LOT AREA BE REDUCED BELOW THE REQUIREMENTS OF THIS ORDINANCE FOR THE DISTRICT IN WHICH SUCH LOT IS LOCATED. 5-7 LOCATED ON A SHALL NOT BE EVERY BUILDING HEREAFTER ERECTED OR STRUCTURALLY ALTERED SHALL BE LOT AS HEREIN DEFINED; AND, EXCEPT AS HEREINAFTER PROVIDED, THERE MORE THAN ONE MAIN BUILDING ON ONE LOT. PART II: DISTRICT USE AND AREA REGULATIONS SECTION 6 "R-1" S!NGLE-FAMILY DWELlIN~ DISTRICT SECTION 6-1 THE REGULATIONS SET FORTH IN THIS SECTION OR SET FORTH ELSEWHERE IN THIS ORDINANCE WHEN REFERRED TO IN THIS SECTION, ARE THE REGULATIONS IN THE "R_l" SINGLE-FAMILY DwELLING DISTRICT. 6-2 USE REGULATIONS. A BUILDING OR PREMISE SHALL BE USED ONLY fOR THE fOLLOWING PURPOSES: A. ONE-FAMILY DwELLING. B. FARMING AND TRUCK GARDENING AND ORCHARDS PROVIDED THAT ANY STRUCTURE OR ENCLOSURE FOR THE SHELTER OF LIVESTOCK AND POULTRY SHALL BE LOCATED NOT LESS THAN 200 FEET FROM ANY STREET OR LOT LINE. C. PUBLICLY OWNED OR OPERATED PARK, PLAYGROUND OR COMMUNITY BUILDING, MUSEUM, LIBRARY OR ART GALLERY. D. CHURCH OR OTHER PLACE Of WORSHIP OR SUNDAY SCHOOL. E. PUBLIC OR DENOMINATIONAL ELEMENTARY AND HIGH SCHOOL, OR A PRIVATE SCHOOL HAVING A CURRICULUM THE SAME AS ORDINARILY GIVEN IN A PUBLIC SCHOOL. F. COUNTRY CLUB OR GOLf COURSE, EXCEPT A GOLF COURSE OR MINIATURE COURSE OR PRACTICE DRIVING TEE OPERATED fOR COMMERCIAL PURPOSES. -8- " G. HOME OCCUPATION INCIDENTAL TO A PERMITTED USE PROVIDED SUCH OCCUPATIONS ARE CONDUCTED IN THE MAIN BUILDING AND ONLY BY A PERSON RESIDENT Of SAID BUILDING. H. ACCESSORY BUILDING OR USE, INCLUDING A PRIVATE GARAGE CUSTOMARILY INCIDENT TO THE ABOVE USES, BUT NOT INVOLVING THE CONDUCT Of A BUSINESS. I. A CHURCH OR PUBLIC BULLETIN BOARD OR TEMPORARY SIGN APPERTAINING TO THE LEASE, HIRE OR SALE Of A BUILDING OR PREMISE, WHICH SIGN OR BULLETIN BOARD SHALL NOT EXCEED 10 SQUARE fEET IN AREA. 6-3 HEIGHT AND AREA REGULATIONS: THE HEIGHT AND AREA REGULATIONS SET fORTH IN SECTIONS 14 AND 15 SHALL BE PROVIDED. 6-4 PARK I NG REGULAT IONS: Off-STREET PARK I NG SPACE SHALL. BE PROV I DED IN ACCORDANCE WITH THE REQUIREMENTS fOR SPECIPIC USES SET fORTH IN SECTION 16. SECTION 7. "R-2" SINGLE-FAMILY DWELL!NG DISTRICT SECTION 7-1 THE REGULATIONS SET fORTH IN THIS SECTION OR SET fORTH ELSEWHERE IN THIS ORDINANCE WHEN REfERRED TO IN lHI8 SECTION, ARE THE REGULATIONS IN THE "R-2" SINGLE-FAMILY DWELLING DISTRICTS. 7-2 USE REGULATIONS: A BUILDING OR PREMISES SHALL BE USED ONLY fOR THE fOLLOWING PURPOSES: ANY USE PERMITTED IN THE "R-1" SINGLE-FAMILY DWELLING Dls- TR ICT. 7-3 HEIGHT AND AREA REGULATIONS: THE HEIGHT AND AREA REGULATIONS SET fORTH IN SECTIONS 14 AND 15 SHALL BE PROVIDED. 7-4 PARKING REGULATIONS: Off-STREET PARKING SPACES SHALL BE PROVIDED IN ACCORDANCE WITH THE REQUIREMENTS fOR SPEClf!C USES SET fORTH IN SECTION 16. SECTION 8. "R-3" TVJO-FAMILY DWELLING DISTRICT SECTION 8-1 THE REGULATIONS SET fORTH IN THIS SECTION OR SET fORTH ELSEWHERE IN THIS ORDINANCE WHEN REfERRED TO IN THIS SECTION ARE THE REGULATIONS IN THE "R-3" Two-FAMILY DwELLING DISTRICT. 8-2 USE REGULATIONS: A BUILDING OR PREMISES SHALL BE USED ONLY fOR THE fOLLOWING PURPOSES. A. ANY USE PERMITTED IN THE "R-2" SINGLE-FAMILY DWELLING DISTRICT. B. Two-FAMILY DWELLING. 8-3 HEIGHT AND AREA REGULATIONS: THE HEIGHT AND AREA REGULATIONS SET fORTH IN SECTIONS 14 AND 15 SHALL BE PROVIDED. 8-4 PARKING REGULATIONS: Off-STREET PARKING SPACES SHALL BE PROVIDED IN ACCORDANCE WITH THE REQUIREMENTS fOR SPECifiC USES SET fORTH IN SECTION 16. -9- j. "R-4" t-tJLTIPLE [MELLING DISTRICT ~ 9-1 THE REGULATIONS JRDINANCE WHEN REFERRED lPLE DwELLING DISTRICT. SET FORTH IN THIS SECTION OR SET FORTH ELSEWHERE IN TO IN THIS SECTION ARE THE REGULATIONS IN THE "R-4" 9-2 USE REGULATIONS: FOLLOWING PURPOSES: A BUILDING OR PREMISES SHALL BE USED ONLY FOR THE A. ANY USE PERMITTED IN THE R-3 Two-fAMILY DwELLING DISTRICT. B. MULTIPLE DwELLING. C. INSTITUTION OF A RELIGIOUS, EDUCATIONAL, CHARITABLE OR PHILANTHROPIC NATURE, BUT NDT A PENAL OR MENTAL INSTITUTION. D. HOSPITAL OR SANITARIUM, EXCEPT A CRIMINAL, MENTAL OR ANIMAL HOSPITAL. E. NURSING OR CONVALESCENT HOME. f. PRIVATE CLUB, FRATERNITY, SORORITY OR LODGE, EXCEPTING ONE THE CHIEF ACTIVITY OF WHICH IS A SERVICE CUSTOMARILY CARRIED ON AS A BUSINESS. G. ACCESSORY BUILDING OR USE CUSTOMARILY INCIDENTAL TO ANY OF THE ABOVE USES, INCLUDING A STORAGE GARAGE ON A LOT OCCUPIED BY A MULTIPLE DWELLING, HOSPITAL OR INSTITUTION. 9-3 HEIGHT AND AREA REGULATIONS: THE HEIGHT AND AREA REQUIREMENT SET FORTH IN SECTIONS 14 ANO 15 SHALL BE OBSERVED. 9-4 PARKING REGULATIONS: OFF-STREET PARKING SPACES SHALL BE PROVIDED IN ACCORDANCE WITH THE REQUIREMENTS FOR SPECIFIC USES SET FORTH IN SECTION 16. SECTION 10. "C-l" LOCAL BUSINESS DISTRICT SECTION 10-1 THE REGULATIONS SET FORTH IN THIS SECTION OR SET FORTH ELSEWHERE IN THIS ORDINANCE WHEN REFERRED TO IN THIS SECTION ARE THE "C-l" LOCAL BUSINESS DISTRICT. 10-2 USE REGULATIONS. A BUILDING OR PREMISE SHALL BE USED ONLY FOR THE FOLLOWING PURPOSES: A. ANY USE PERMITTED IN THE "R-4" MULTIPLE DwELLING DISTRICT. ADVERTISING SIGNS USED IN CONNECTION WITH A COMMERCIAL ESTABLISHMENT.~ B. C. AUTOMOBILE PARKING LOT. D. BANK. E. BAKERY BUT ONLY WHEN THE PRODUCTS ARE SOLD AT RETAIL ON THE PREMISES. -10- . .. I ", F. DISPLAY ROOM fOR MERCHANDISE TO BE SOLD AT WHOLESALE WHERE MERCHANDISE SOLD IS STORED ELSEWHERE. G. CLINIC. H. DRESSMAKING, TAILORING, SHOE REPAIRING, REPAIR Of HOUSEHOLD APPLIANCES AND BICYCLES, CATERING, DRY CLEANING AND PRESSING, BARBER SHOPS, BEAUTY PARLORS, PHOTOGRAPHIC OR ARTIST STUDIOS, MESSENGERS, TAXICABS, NEWSPAPER OR TELEGRAPHIC SERVICE STATIONS, DRY CLEANING RECEIVING STATIONS, RESTAURANTS, AND OTHER PERSONAL SERVICE USES Of A SIMILAR CHARACTER. K. PRIVATE SCHOOL. L. RETAIL STORE, IN CONNECTION WITH SUCH STORE, THERE SHALL BE NO S:.AUGHTERING Of ANIMALS OR POULTRY ON THE PREMISES. M. LAUNDROMAT. N. UNDERTAKING BUSINESS OR ESTABLISHMENT. O. FLORIST SHOP OR GREENHOUSE. P. DANCING OR MUSIC ACADEMY. Q. FROZEN fOOD LOCKER. R. OffiCES AND OfFICE BUILDINGS. s. MOTEL OR TOURIST HOME. HOTEL. T. PARKING OR PUBLIC GARAGE. U. THEATERS (EXCEPT DRIVE-IN THEATER). V. USED CAR SALES OR STORAGE LOT WHEN LOCATED AT LEAST 100 fEET fROM ANY "R" DISTRICT. w. ANY OTHER LOCAL BUSINESS USE SUPPLYING THE EVERYDAY SHOPPING NEEDS Of IMMEDIATE NEIGHBORHOOD AND SUBJECT TO THE fOLLOWING CONDITIONS: (1) THAT IT BE CONDUCTED (2) THAT REQUIRED OR fOR THE STORAGE WHOLLY WITHIN AN ENCLOSED BUILDING. YARDS BE NOT USED fOR DISPLAY, SALE OR STORAGE Of MERCHANDISE, Of VEHICLES, EQUIPMENT, CONTAINERS OR WASTE MATERIAL. (3) THAT ALL MERCHANDISE BE fiRST-HAND AND BE SOLD AT RETAIL ON THE PREMISES. (4) THAT SUCH USE BE NOT OBJECTIONABLE BECAUSE Of ODOR, EXCESSIVE LIGHT, SMOKE, DUST, NOISE, VIBRATION, PRESENCE Of VERMIN OR RODENTS, OR SIMILAR NUISANCE. QUESTIONABLE USES SHALL BE RULED ON BY THE ZONING BOARD Of ADJUSTMENT. -11- .,' 10-3 HE I GHT AND AREA REGULAT IONS: THE HE IGHT AND A!lEA REGULAT IONS SET FORTH IN SECTIONS 14 AND 15 SHALL BE PROVIDED AND IN ADDITION EVERY BUILD- ING OR PORTION THEREOF USED SEPARATELY FOR DWELLING PURPOSES SHALL COMPLY WITH THE SIDE AND REAR YARD AND LOT AREA PER FAMILY REQUIREMENTS OF THE R-4 MULTI- FAMILY RESIDENCE 'ISTRICT. 10-4 SPACES SHALL SET FORTH IN PARKING AND LOADING REGULATIONS: BE PROVIDED IN ACCORDANCE WITH THE SECTION 16. OFF-STREET PARKING AND LOADING REQUIREMENTS FOR SPECIFIC USES SECTION 11. "C-2" GENERAL BUSINESS DISTRICT SECTION 11-1 THE REGULATIONS SET FORTH IN THIS SECTION OR SET FORTH ELSEWHERE IN THIS ORDINANCE WHEN REFERRED TO IN THIS SECTION ARE THE REGULATIONS IN THE C-2 GENERAL BUSINESS DISTRICT. 11-2 USE REGULATIONS: A BUILDING OR PREMISES SHALL BE USED ONLY FOR THE FOLLOWING PURPOSES: A. ANY USE PERMITTED IN THE C-1 LOCAL BUSINESS DISTRICT.~ B. AUTO REPAIR GARAGE AND SEAT COVERS. C. BAKERI ES. D. PRINTING OR ENGRAVING PLANTS. E. CANDY MANUFACTURING. F. CARPENTER SHOP. G. CLEANING AND DYEING PLANTS. H. ENGRAVING. I. WHOLESALE ESTABLISHMENTS. J. JEWELRY MANUFACTURING. K. LUMBER AND BUILDING MATERIALS YARDS. L. CREAMERY, I CE CREAM MANUFACTUR I NG AND DAIRY OPERAT IONS. M. WAREHOUSES. N. ICE PLANTS. O. TIRE SHOP. P. AUTOMOBILE OR TRAILER DISPLAY AND SALES ROOMS. Q. BUSINESS OR COMMERCIAL SCHOOL. -12- , . , R. FARM IMPLEMENT DISPLAY AND SALES ROOM. S. MILK DISTRIBUTING STATION. T. RADIO OR TELEVISION BROADCASTING STATION OR STUDIO. U. VETERINARIAN OR ANIMAL HOSPITAL OR RIDING ACADEMY PROVIDED THAT NO SUCH BUILDING, KENNEL OR EXERCISE RUNWAY SHALL BE CLOSER THAN 100 FEET TO ANY "R" DISTRICT. V. ANY SIMILAR USES WHICH ARE NOT LIKELY TO CREATE ANY MORE OFFENSIVE NOISE, VIBRATION, DUST, HEAT, SMOKE, ODOR, GLARE, OR OTHER OBJECTIONABLE INFLUENCES THAN THE MINIMUM AMOUNT NORMALLY RESULTING FROM OTHER USES PERMITTED, SUCH PERMITTED USES BEING GENERALLY WHOLESALE AND RETAIL TRADE, SERVICE INDUSTRIES AND LIGHT INDUSTRIES THAT MANUFACTURE, PROCESS, STORE AND DISTRIBUTE GOODS AND MATERIALS AND ARE IN GENERAL DEPENDENT ON RAW MATERIALS REFINED ELSEWHERE. (QUESTIONABLE USES SHALL BE RULED UPON BY THE ZONING BOARD OF ADJUSTMENT). 11-3 HEIGHT AND AREA REGULATIONS: THE HEIGHT AND AREA REGULATIONS SET FORTH IN SECTIONS 14 AND 15 SHALL BE PROVIDED AND IN ADDITION EVERY BUILDING OR PORTION THEREOF USED FOR DWELLING PURPOSES SHALL COMPLY WITH THE SIDE AND REAR YARD AND LOT AREA PER FAMILY REQUIREMENTS OF THE R-4 MULTIPLE DwELLING DISTRICT. 11-4 PARKING AND LOADING REGULATIONS: OFF-STREET LOADING SPACES SHALL BE PROVIDED IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 16. SECTION 12 "M-l" RESTRICTED INnusTRIAL DISTRICT SECTION 12-1 THE REGULATIONS SET FORTH IN THIS SECTION OR SET FORTH ELSEWHERE IN THIS ORDINANCE WHEN REFERRED TO IN THIS SECTION ARE THE REGULATIONS IN THE "M-1" RESTRICTED INDUSTRIAL DISTRICT. 12-2 USE REGULATIONS: A BUILDING OR PREMISES SHALL BE USED ONLY FOR THE FOLLOWING PURPOSES: A., ANY USE PERMITTED IN THE C-2 GENERAL BUSINESS DISTRICT EXCEPT, WHENEVER 40 PER CENT OR MORE OF A BLOCK OR TRACT OF LAND IN THE M-1 DISTRICT IS VACANT OR OCCUPIED BY STRUCTURES THAT ARE OF NON-RESIDENTIAL USE, THEN NO NEW RESIDENTIAL UNITS MAY BE PERMITTED WITHIN THAT BLOCK OR TRACT. B. ApPAREL AND OTHER PRODUCTS ASSEMBLED FROM FINISHED TEXTILES. C. BOTTLING WORKS. D. CARTING, EXPRESS, HAULING OR STORAGE YARD. E. COSMETIC MANUFACTURE. F. CONTRACTOR'S YARD. G. DRUGS AND PHARMACEUTICAL PRODUCTS MANUFACTURING. -13- . , H. ELECTRONIC PRODUCTS ASSEMBLY. I. GLASS PRODUCTS, FROM PREVIOUSLY MANUFACTURED GLASS. J. HOUSEHOLD APPLIANCE PRODUCTS ASSEMBLY AND MANUFACTURE FROM PREFABRICATED PARTS. K. MUSICAL INSTRUMENTS ASSEMBLY AND MANUFACTURE. L. PLASTIC PRODUCTS MANUFACTURE, BUT NOT INCLUDING THE PROCESSING OF RAW MATER IALS. M. PETROLEUM STORAGE, BUT ONLY AFTER THE LOCATION AND TREATMENT OF THE PREMISES HAVE SEEN APPROVED BY THE FIRE MARSHAL. H. DRIVE-IN THEATERS. O. SPORTING AND ATHLETIC EQUIPMENT MANUFACTURE. P. INDUSTRIAL AND MANUFACTURING PLANTS INCLUDING THE PROCESSING OR ASSEMBLING OF PARTS FOR PRODUCTION OF FINISHED EQUIPMENT WHERE THE PROCESS OF MA~UFACTURING OR TREATMENT OF MATERIALS IS SUCH THAT ONLY A NOMINAL AMOUNT OF DUST, ODOR, GAS, SMOKE OR NOISE IS EMITTED AND NOT MORE THAN TEN (10) PER CENT OF THE LOT OR TRACT IS USED FOR THE OPEN STORAGE OF PRODUCTS, MATERIALS OR EQUIPMENT. Q. TESTING AND RESEARCH LABORATORIES. R. WOOD YARD. 12-3 HEIGHT AND AREA REGULATIONS: THE HEIGHT AND AREA REGULATIONS SET FORTH IN SECTIONS 14 AND 15 SHALL BE PROVIDED AND IN ADDITION ANY BUILDING THAT MAY BE USED FOR DWELLING PURPOSES SHALL COMPLY WITH THE SIDE AND REAR YARD AND LOT AREA PER FAMILY REGULATIONS OF THE R-4 MULTI-FAMILY RESIDENCE DI,STRICT. 12-4 PARKING AND LOADING REGULATIONS: SPACES SIlALL BE PROVIDED IN ACCORDANCE WITH THE SET FORTH IN SECTION 16. OFF-STREET PARKING AND LOADING REQUIREMENTS FOR SPECIFIC USES SECTION 13 IM_2" INDUSTRIAL DISTRICT SECTION 13-1 THE REGULATIONS SET FORTH IN THIS SECTION OR SET FORTH ELSEWHERE IN THIS ORDINANCE WHEN REFERRED TO IN THIS SECTION ARE THE REGULATIONS IN THE M-2 INDUSTRIAL DISTRICT. 13-2 USE REGULATIONS: ANY BUILDING OR PREMISES MAY BE USED FOR ANY PURPOSE NOT IN CONFLICT WITH ANY ORDINANCE OF THE CITY OF SCHERTZ REGULATING NUISANCES; PROVIDED, HOWEVER, THAT NO BUILDING SHALL BE ERECTED, RECONSTRUCTED, OR STRUCTURALLY ALTERED FOR RESIDENTIAL PURPOSES, EXCEPT FOR RESIDENT WATCHMEN AND CARETAI(ERS EMPLOYED ON THE PREMISES; AND PROVIDED FURTHER THAT NO BUILDING -14- . . OR OCCUPANCY PERMIT SHALL BE ISSUED FOR ANY OF THE FOLLOWING USES UNTIL AND UNLESS THE LOCATION OF SUCH USE SHALL HAVE BEEN APPROVED BY THE CITY COMMISSION AFTER REPORT BY THE MAYOR AND THE fIRE MARSHAL. A. ACID MANUFACTURE. B. CEMENT, LIME, GYPSUM OR PLASTER OF PARIS MANUFACTURE. C. DISTILLATION OF BONES AND GLUE MANUFACTURE. D. EXPLOSIVES MANUFACTURE OR STORAGE. E. fAT RENDERING AND FERTILIZER MANUFhCTURE. f. GARBAGE, OFFAL, OR D~AD ANIMALS, REDUCTION OR DUMPING. G. PETROLEUM, OR ITS PRODUCTS, REFINING OF. H. SMELTING OF TIN, COPPER, ZINC, OR IRON ORES, AND OTliER METALS. I. STOCKYARDS OR SLAUGHTER OF ANIMALS. J. AUTO WRECKING YARDS AND JUNK YARDS BUT ONLY WHEN THE PREMISES UPON WHICH SUCH ACTIVITIES ARE CONDUCTED ARE WHOLLY ENCLOSED WITHIN A BUILDING OR BY A WeODEN FENCE NOT LESS THAN EIGHT (8) FEET IN HEIGHT AND IN WHICH THE OPENINGS OR CRACKS ARE LESS THAN FIFTEEN (15) PER CENT OF THE TOTAL AREA. K. OUTDOOR ADVERTISING SIGNS, EXCEPT THAT THEY SHALL NOT BE WITHIN FIVE HUNDRED ~ (500) FEET OF ANY R-1, R-2, OR R-3, OR R-4 DISTRICT. L. GRAVEL EXCAVATION AND OPEN LAND MINING. 13-3 HEIGHT AND AREA REGULATIONS: THE HEIGHT AND AREA REGULATIONS SET FORTH IN SECTIONS 14 AND 15 SHALL BE OBSERVED. 13~ SPACES SHALL SET FORTH IN PARKING AND LOADING REGULATIONS: OFF-STREET PARKING AND LOADING BE PROVIDED IN ACCORDANCE WITH THE REQUIREMENTS FOR SPECIFIC USES SECTION 16. " -15- SECTION 14 HE IGrlr AND MlEA REQUI REMENTS YARD MAx I MUM HE IGHT MINIMUM LOT .. EiT'H'Eii AGGREGATES OF DISTRICT TYPE OF USE STOR I ES FEET ~ WIDTH DEPTH FRONT REAR SIDE SIDE YARDS "R-l" SINGLE-FAMILY DWELLING 2-1/2 35 7200 60' 120' 30' 20' 6' 14' ACCESSORY USES "R-2" SINGLE-FAMILY DwELLING 2-1/2 35 6000 50' 100' 25' 15' 5' 12' ACCESSORY USES "R-3" SINGLE-FAMILY DWELLING 6000 50' laO' Two-FAMILY DwELLING 2-1/2 35 6000 50' 100' 25' 15' 5' 12' ACCESSORY USES "R-4" SINGLE-FAMILY DWELLING 6000 50' 100' Two-FAMILY DwELLING 3 45(1) 6000 50' 100' 25' 15' 5' 12' MULTIPLE-FAMILY DWELLING 2000 50' 100' ACCESSORY USES PER/UNIT I lie_lit RESIDENTIAL USES SAME 3 45(1) SAME "R-4" 25' 5' 12' \.0 AS ~ As "R-4" I LOCAL BUSINESS NONE 25' NONE(3)'--(2) NONE "C-2" RESIDENTIAL USES SAME (1 ) SAME AS "R-4" 25' 15' 5' 12' As "R-4" GENERAL BUSINESS 10 125(5) NONE NONEt4 ) --(3) --(2) NONE "M-l" RESIDENTIAL USE RE- (1 ) SAME AS "R-4" 25' 15' 5' 12' STRICTED As "R-4" RESTRICTED INDUSTRIAL 8 100(6) NONE NONE(4) "--(3) NONE "M-2" INDUSTRIAL 8 100(6) NONE NONE --(3) --(2) NONE RESIDENTIAL USE NOT PERMITTED (1) A BUILDING MAY BE ERECTED TO A HEIGHT OF EIGHT STORIES AND 100 FEET IF SET BACK FROM ALL REQUIRED YARD LINES A DISTANCE OF 1 FOOT FOR EACH TWO FEET OF ADDITIONAL HEIGHT ABOVE 45 FEET. No SIDE YARD SHALL BE REQUIRED EXCEPT THAT A SIDE YARD OF NOT LESS THAN 6 FEET IN WIDTH SHALL BE PROVIDED ON THE SIDE OF A LOT ADJOINING A RESIDENTIAL DISTRICT. (2) (3) No REAR YARD REQUIRED EXCEPT THAT A REAR YARD OF NOT LESS THAN 15 FEET IN DEPTH SHALL BE PROVIDED UPON THAT PORTION OF A LOT ABUTTING UPON A RESIDENTIAL DISTRICT. (4) No FRONT YARD OR SET BACK IS REQUIRED EXCEPT ~/HERE A LOT ADJOINS A RESIDENTIAL DISTRICT, IN WHICH INSTANCE THE FRONT YARD IN THE RESIDENTIAL DISTRICT SHALL BE PROVIDED FOR A DISTANCE OF NOT LESS THAN 25 FEET FROM THE BOUNDARY OF SAID RESIDENTIAL DISTRICT. (5) BUILDINGS MAY EXCEED TEN STORIES OR 125 FEET IF SET BACK 1 FOOT FOR EVERY 2 FEET OF HEIGHT ABOVE 125 FEET BUT IN NO CASE SHALL THE HEIGHT OF A BUILDING EXCEED THE TOTAL OF THE STREET WIDTH ON WHICH IT FACES PLUS THE DEPTH OF THE FRONT YARD. (6) WHENEVER A BUILDING IN AN "M_l" OR lM_2" DISTRICT ADJOINS OR ABUTS A RESIDENTIAL DISTRICT, SUCH BUILDING SHALL NOT EXCEED THREE STOR I ES OR 45 FEET . N HE IGHT UNLESS IT I S SET BACK 1 FO.OT FROMTTHE REQU I RED S I DE AND REAR YARD LINES rOR EACH FOOT Of ADDITIONAL HEIGHT ABOVE 45 fEET. I r- ~ I . I SECTION 15 HEIGHT AND AREA EXCEPTIONS AND MODIFICATIONS SECTION 15-1 HEIGHT. A. THE HEIGHT REGULATIONS PRESCRIBED HEREIN SHALL NOT APPLY TO TELEVISION AND RADIO TOWERS, CHURCH SPIRES, BELFRIES, MONUMENTS, TANKS, WATER AND FIRE TOWERS, STAGE TOWERS OR SCENERY LOFTS, COOLING TOWERS, ORNAMENTAL TOWERS AND SPIRES, CHIMNEYS, ELEVATOR BULKHEADS, SMOKE-STACKS, CONVEYORS AND FLAG POLES. B. PUBLIC, SEMI-PUB~IC'-OR PUBLIC SERVICE BUILDINGS, HOSPITALS, INSTITUTIONS OR SCHOOLS, WHERE PERMITTED, MAY BE ERECTED TO A HEIGHT NOT EXCEEDING 60 FEET AND CHURCHES AND TEMPLES MAY BE ERECTED TO A HEIGHT NOT EXCEEDING 75 FEET WHEN THE REQUIRED SIDE AND REAR YARDS ARE EACH INCREASED BY ONE FOOT FOR EACH FOOT OF ADDITIONAL BUILDING HEIGHT ABOVE THE HEIGHT REGULATIONS FOR THE DISTRICT IN WHICH THE BUILDING IS LOCATED. C. THE LIMITATION ON NUMBER OF STORIES SHALL NOT APPLY TO BUILDINGS USED EXCLUSIVELY FOR STORAGE PURPOSES PROVIDED SUCH BUILDINGS DO NOT EXCEED THE HEIGHT IN FEET PERMITTED IN THE DISTRICT IN WHICH THEY ARE LOCATED. 15-2 FRONT YARDS. A. WHEN 40 PER CENT OR MORE OF THE FRONTAGE ON ONE SIDE OF THE STREET BETWEEN TWO INTERSECTING STREETS IS IMPROVED WITH BUILDINGS THAT HAVE A FRONT YARD WHICH IS GREATER OR LESS THAN THE REQUIRED FRONT YARD IN THE DISTRICT, NO BUILDING SHALL PROJECT BEYOND THE AVERAGE FRONT YARD SO ESTABLISHED; PRO- VIDED, HOWEVER, THAT A FRONT YARD DEPTH SHALL NOT BE REQUIRED TO EXCEED 50 PER CENT IN EXCESS OF THE fRONT YARD OTHERWISE REQUIRED IN THE DISTRICT IN WHICH THE LOT IS LOCATED. B. ON LOTS HAVING DOUBLE FRONTAGE THE REQUIRED FRONT YARD SHALL BE PROVIDED ON BOTH STREETS. C. IN A RESIDENTIAL DISTRICT NO FENCE, STRUCTURE, OR PLANTING HIGHER THAN THREE AND ONE-HALf fEET ABOVE THE ESTABLISHED STREET GRADES SHALL BE MAINTAINED WITHIN 20 FEET OF ANY STREET INTERSECTION. D. AN OPEN, UNCOVERED PORCH OR PAVED TERRACE MAY PROJECT INTO A REQUIRED fRONT YARD fOR A DISTANCE Of NOT MORE THAN 10 FEET, BUT THIS SHALL NOT BE INTERPRETED TO INCLUDE OR PERMIT FIXED CANOPIES, E. FILLING STATION PUMPS AND PUMP ISLANDS MAY BE LOCATED WITHIN A REQUIRED YARD PROVIDED THEY ARE NOT LESS THAN 15 fEET FROM ANY PROPERTY LINE AND NOT LESS THAN 50 FEET fROM THE BOUNDARY Of ANY RESIDENTIAL DISTRICT. F. Off-STREET PARKING fACILITIES MAY BE LOCATED WITHIN THE REQUIRED fRONT YARD Of ANY C OR M DISTRICT BUT SHALL NOT BE NEARER THAN 50 FEET TO ANY R DISTRICT AND NO OfF-STREET PARKING SHALL BE PERMITTED IN THE REQUIRED FRONT YARD Of ANY R,DISTRICT. ~~ " " .. , 15-3 SIDE YARDS, A. ON A CORNER LOT THE WIDTH OF THE YARD ALONG THE SIDE STREET SHALL NOT BE LESS THAN ANY REQUIRED FRONT YARD ON SUCH STREET, PROVIDED, HOWEVER, THAT THE BUILDABLE WIDTH OF A LOT OF RECORD SHALL NOT BE REDUCED TO LESS THAN 32 FEET. B. No ACCESSORY BUILDING SHALL PROJECT BEYONO A REQUIRED YARD LINE ALONG ANY STREET. C. WHERE DWELLING UNITS ARE'ERECTED ABOVE COMMERCIAL ESTABLISHMENT, NO SIDE YARD IS REQUIRED EXCEPT WHEN REQUIRED FOR THE COMMERCIAL BUILDING ON THE SIDE OF A LOT ADJOINING A RESIDENTIAL DISTRICT. D. A PORTE-COCHERE OR CANOPY MAY PROJECT INTO A REQUIRED SIDE YARD PROVIDED EVERY PART OF SUCH PORTE-COCHERE OR CANOPY IS UNENCLOSED AND NOT LESS THAN FIVE FEET FROM ANY SIDE LOT LINE. E. FOR THE PURPOSE OF SIDE YARD REGULATIONS, A TWO-FAMILY DWELLING OR MULTIPLE DWELLING SHALL BE CONSIDERED AS ONE BUILDING OCCUPYING ONE LOT. F. WHERE A LOT OF RECORD AT THE TIME OF THE EFFECTIVE DATE OF THE ORDINANCE IS LESS THAN 50'FEET IN WIDTH THE REQUIRED SlOE YARD MAY BE REDUCED TO 10 PER CENT OF THE WIDTH OF THE LOT, PROVIDED, HOWEVER, THAT NO SIDE YARD SHALL Ell:: LESS THAN THR~ FEET. G. COMMUNITY BUILDINGS, MUSEUMS, LIBRARIES, ART GALLERIES AND OTfIER PERMITTED PUBLIC BUILDINGS SHALL BE LOCATED NOT LESS THAN 40 FEET FROM ANY SIDE LOT LINE WHEN LOCATED IN AN R-1 RESIDENCE DISTRICT. H. CHURCHES SHALL BE LOCATED NOT LESS THAN 50 FEET FROM ANY SIDE LOT LINE WHEN LOCATED IN AN R-1 RESIDENCE DISTRICT. I. A PUBLIC OR DENOMINATIONAL ELEMENTARY OR HIGH SCHOOL OR PRIVATE SCHOOL SHALL BE LOCATED NOT LESS THAN 150 FEET FROM ANY SIDE LOT LINE WHEN LOCATED IN THE R-1 RESIDENCE DISTRICT. 15-4 REAR YARDS. A. WHERE A LOT ABUTS UPON AN ALLEY, ONE-HALF THE ALLEY WIDTH MAY BE CONSIDERED AS PART OF THE REQUIRED REAR YARD. B. AN ACCESSORY BUILDING NOT EXCEEDING 20 FEET IN HEIGHT MAY OCCUpy NOT TO EXCEED 30 PER CENT OF A REQUIRED REAR YARD AND UNENCLOSED PARKING SPACES MAY OCCUpy NOT TO EXCEED 90 PER CENT OF THE AREA OF A REQUIRED REAR YARD BUT NO ACCESSORY BUILDING SHALL BE CLOSER THAN 10 FEET TO THE MAIN BUILDING NOR CLOSER THAN THRE~ FEET TO ANY REAR LOT LINE. C. THE ORDINARY PROJECTIONS OF SILLS, BELT COURSES, CORNICES AND ORNAMENTAL FEATURES MAY EXTEND TO A DISTANCE NOT TO EXCEED 18 INCHES INTO A REQUIRED YARD. -19- . , D. OPEN OR LATTICE-ENCLOSED FIRE ESCAPES, OUTSIDE STAIRWAYS AND BALCONIES OPENING UPON FIRE TOWERS, ANO THE ORDINARY PROJECTIONS OF CHIMNEYS AND FLUES INTO A REAR YARO MAY BE PERMITTED BY THE BUILDING INSPECTOR FOR A DISTANCE NOT TO EXCEED FIVE FEET WHEN THESE ARE SO PLACED AS NOT TO OBSTRUCT LIGHT AND VENTILATION. 15-5 LOT AREA PER FAMILY: WHERE A LOT OF RECORD AT THE TIME OF THE EFFECTIVE DATE OF THIS ORDINANCE HAS LESS AREA OR WIDTH THAN HEREIN REQUIRED IN THE DISTRICT IN WHICH IT IS LOCATED, AND THE OWNER OF SUCH LOT DOES NOT OWN ANY OTHER PARCEL OR TRACT ADJACENT THERETO, SAID LOT MAY BE USED FOR A ONE-FAMILY DWELLING OR FOR ANY NON-DWELLING USE PERMITTED IN THE DISTRICT IN WHICH IT IS LOCATED. SECTION 16 OFF-STREET PARKING AND LOADING REQUIREMENTS SECTION 16-1 IN ALL DISTRICTS THERE SHALL BE PROVIDED AT THE TIME ANY BUILD- ING OR STRUCTURE IS ERECTED OR STRUCTURALLY ALTERED, OFF-STREET PARKING SPACES IN ACCORDANCE WITH THE FOLLOWING SCRE!I)UE:E: 'j$ A. DWELLINGS, INCLUDING SINGLE: AND TWO-FAMILY AND MULTIPLE-FAMILY: ONE PARKING SPACE FOR EACH DWELLING UNIT. 8. ROOMING OR BOARDING HOUSE: ONE: PARKING SPACE FOR EACH TWO SLEEPING ROOMS. C, FRATERNITY OR SORORITY: ONE PARKING SPACE FOR EACH SIX BEDS. D. PRIVATE CLUB OR LODGE: ONE: PARKING SPACE FOR EVERY FIVE MEMBERS. E. CHURCH OR TEMPLE: TOR1UM. ONE PARKING SPACE FOR EACH SIX SEATS IN THE MAIN AUDI- F. SCHOOL. (EXCEPT HIGH SEATS IN THE AUDITORIUM WHICHEVER IS GREATER. SCHOOL OR COLLEGE): ONE PARKING SPACE FOR EACH TEN OR MAIN ASSEMBLY ROOM, OR ONE SPACE FOR EACH CLASSROOM, G. COLLEGE OR HIGH SCHOOLS: ONE PARKING SPACE FOR EACH EIGHT SEATS IN THE MAIN AUDITORIUM OR THREE SPACES FOR EACH CLASSROOM, WHICHEVER IS GREATER. H. COUNTRY CLUB OR GOLF CLUB: ONE PARKING SPACE FOR EACH FIVE MEMBERS. I. COMMUNITY CENTER, LIBRARY, MUSEUM OR ART GALLERY: TEN PARKING SPACES PLUS ONE ADD I T 10NAL SPACE FOR EACH 300 SQUARE FEET ,Of fLOOR AREA I N EXCESS Of 2,000 SQUA AE fEET. J. HOSPITAL: ONE PARKING SPACE fOR EACH FOUR BEDS. K. SANITORIUM, CONVALESCENT HOME, HOME fOR THE AGED OR SIMILAR INSTITUTION: ONE PARKING SPACE fOR EACH SIX BEDS. L. THEATER OR AUDITORIUM (EXCEPT SCHOOL): ONE PARKING SPACE fOR EACH fiVE SEAT' OR BENCH SEATING SPACES. -20- M. SPORTS ARENA, STADIUM, OR GYMNASIUM: ONE PARKING SPACE FOR EACH FIVE SEATS OR SEATING SPACES. N. HOTEL: ONE PARKING SPACE FOR EACH THREE SLEEPING ROOMS OR SUITES PLUS ONE SPACE FOR EACH 200 SQUARE FEET OF COMMERCIAL FLOOR AREA CONTAINED THEREIN. O. TOURIST HOME, CABIN OR MOTEL: ONE PARKING SPACE FOR EACH SLEEPING ROOM OR SUITE. P. DANCE HALL, ASSEMBLY OR EXHIBITION HALL WITHOUT FIXED SEATS: ONE PARKING SPACE FOR EACH 100 SQUARE FEET OF FLOOR AREA USED THEREFOR. Q. BUSINESS OR PROFESSIONAL OFFICE, STUDIO, BANK, MEDICAL OR DENTAL CLINIC: THREE PARKING SPACES PLUS ONE ADDITIONAL PARKING SPACE FOR EACH 400 SQUARE FEET OF FLOOR AREA OVER 1,000. R. BOWLING ALLEY: FIVE PARKING SPACES FOR EACH ALLEY. S. MORTUARY OR FUNERAL HOME: ONE PARKING SPACE FOR EACH 50 SQUARE FEET OF FLOOR SPACE IN SLUMBER ROOMS, PARLORS OR INDIVIDUAL FUNERAL SERVICE ROOMS. T. RESTAURANT; NIGHT CLUB, CAFE OR SIMILAR RECREATION OR AMUSEMENT ESTABLISH- MENT: ONE PARKING SPACE FOR EACH 100 SQUARE FEET OF FLOOR AREA. U, RETAiL STORE OR PERSONAL SERVICE ESTABLISHMENT, EXCEPT AS OTHERWISE SPECI- FIED HEREIN: ONE PARKING SPACE FOR EACH 200 SQUARECFEET OF FLOOR AREA. V. FURNITURE OR APPLIANCE STORE, HARDWARE STORE, WHOLESALE EST~BLISHMENTS, MACHINERY OR EQUIPMENT SALES AND SERVICE, CLOTHING OR SHOE REPAIR OR SERVICE SHOP: Two PARKING SPACES PLUS ONE ADDITIONAL PARKING SPACE FOR EACH 300 SQUARE FEET OF FLOOR AREA OVER 1,000. W. PRINTING OR PLUMBING SHOP OR SIMILAR SERVICE ESTABLISHMENT: ONE PARKING SPACE FOR EACH THREE PERSONS EMPLOYED THEREIN. X. MANUFACTURING OR INDUSTRIAL ESTABLISHMENT, RESEARCH OR TESTING LABORATORY, CREAMERY, BOTTLING PLANT, WAREHOUSE OR SIMILAR ESTABLISHMENT: ONE PARKING SPACE FOR EACH TWO EMPLOYEES ON THE MAXIMUM WORKING SHIFT PLUS SeACE TO ACCOMMODATE ALL TRUCKS AND OTHER VEHICLES USED IN CONNECTION THEREWITH. 16-3 IN COMPUTING THE NUMBER OF SUCH PARKING SPACES REQUIRED, THE FOLLOWING RULES SHALL GOVERN: A. "FLOOR AREA" SHALL MEAN THE GROSS FLOOR AREA OF THE SPECIFIC USE. B. WHERE FRACTIONAL SPACES RESULT, THE PARKING SPACES REQUIRED SHALL BE CONSTRU' ED TO BE THE NEAREST WHOLE NUMBER. c. THE PARKING SPACE REQUIREMENT FOR A USE NOT SPECIFICALLY MENTIONED HEREIN SHALL BE THE SAME AS REQUIRED FOR A USE OF SIMILAR NATURE AS DETERMINED BY THE ZONING BOARD OF ADJUSTMENT. -21- .. , " D. WHENEVER A BUILDING OR USE CONSTRUCTED OR ESTABLISHED AFTER THE EFFECTIVE DATE OF THIS ORDINANCE IS CHANGED OR ENLARGED IN FLOOR AREA, NUMBER OF EMPLOYEES, NUMBER OF DWELLING UNITS, SEATING CAPACITY OR OTHERWISE, TO CREATE A NEED FOR AN INCREASE OF TEN PER CENT OR MORE IN THE NUMBER OF EXISTING PARKING SPACES, SUCH SPACES SHALL BE PROVIDED ON THE BASIS OF THE ENLARGEMENT OR CHANGE. WHENEVER A BUILDING OR USE EXISTING PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE IS ENLARGED IN FLOOR AREA OR IN THE AREA USED, SAID IMPROVE- MENTS OR USES SHALL THEN AND THEREAFTER COMPLY WITH THE PARKING REQUIREMENTS SET FORTH HEREIN. E. IN THE CASE OF MIXED USES, THE PARKING SPACES REQUIRED SHALL EQUAL THE SUM OF THE REQUIREMENTS OF THE VARIOUS USES COMPUTED SEPARATELY. 16-4 ALL PARKING SPACES REQUIRED HEREIN SHALL BE LOCATED ON THE SAME LOT WITH THE BUII.DING OR USE SERVED, EXCEPT THAT WHERE AN INCREASE IN THE NUMBER OF SPACES IS REQUIRED BY A CHANGE OR ENLARGEMENT OF USE OR WHERE SUCH SPACES ARE PROVI,DED COLLEC1'IVELY OR USED JOINTLY BY TWO OR MORE BUILDINGS OR ESTABLISHMENTS, THE REQUIRED SPACES MAY BE LOCATED NOT TO EXCEED 300 FEET FROM AN INSTITUTIONAL BUILDING SERVED AND NOT TO EXCEED 500 FEET FROM ANY OTHER NON-RESIDENTIAL BUILDING SERVED. A. NOT MORE THAN 50 PER CENT OF THE PARKING SPACES REQUIRED FOR (1) THEATERS, BOWLING ALLEYS, DANCE HALLS, NIGHT CLUBS OR CAFES, AND UP TO 100 PER CENT OF THE PARKING SPACES REQUIRED FOR A CHURCH OR SCHOOL AUDITORIUM MAY BE PROVIDED AND USED JOINTLY BY (2) BANKS, OFFICES, RETAIL STORES, REPAIR SHOPS, SERVICE ESTABLISHMENTS AND SIMILAR USES NOT NORMALLY OPEN, USED OR OPERATED DURING THE SAME HOURS AS THOSE LISTED IN (1); PROVIDED, HOWEVER, THAT WRITTEN AGREEMENT THERETO IS PROPERLY EXECUTED AND FILED AS SPECIFIED IN PARAGRAPH "B" OF THIS SECTION. B. IN ANY CASE WHERE THE REQUIRED PARKING SPACES ARE NOT LOCATED ON THE SAME LOT WITH THE BU I LD I NG OR USE SERVED, OR WHERE SUCH SPACES ARE COL,LECT I VEL Y OR JOINTLY PROVIDED AND USED, A WRITTEN AGREEMENT THEREBY ASSURING THEIR RETENTION FOR SUCH PURPOSES, SHALL BE PROPERLY DRAWN AND EXECUTED BY THE PARTIES CONCERNED, APPROVED AS TO FORM BY THE CITY ATTORNEY AND SHALL BE FILED WITH THE APPLICATION FOR A BUILDING PERMIT. 16-5 EVERY BUILDING OR PART THEREOF ERECTED OR OCCUPIED FOR RETAIL BUSINESS, SERVICE, MANUFACTURING, STORAGE, WAREHOUSING, HOTEL, MORTUARY, OR ANY OTHER USE SIMILARLY INVOLVING THE RECEIPT OF DISTRIBUTION BY VEHICLES OF MATERIALS OR MERCHANDISE, SHALL PROVIDE AND MAINTAIN ON THE SAME PREMISES LOADING SPACE IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS: A. IN THE C-l LOCAL BUSINESS DISTRICT, ONE LOADING SPACE FOR THE FIRST 5,000 TO 15,000 SQUARE FEET OF FLOOR AREA IN THE BUILDING AND ONE ADDITIONAL LOADING SPACE FOR EACH 15,000 SQUARE FEET, OR FRACTION THEREOF, OF FLOOR AREA IN EX- CESS OF 15,000 SQUARE FEET. B. IN THE C-2 GENERAL BUSINESS DISTRICT AND IN THE M-l AND M-2 INDUSTRIAL DISTRICTS ONE LOADING SPACE FOR EACH 10,000 SQUARE FEET OR FRACTION THEREOF, OF fLOOR AREA IN THE BUILDING. -22- 16-6 MINIMUM DIMENSIONS FOR OFF-STREET PARKING. A. 90 DEGREE ANG~E PARKING: EACH PARKING SPACE SHAL~ BE NOT LESS THAN EIGHT (8) FEET WIDE NOR LESS THAN SEVENTEEN (17) FEET IN LENGTH. MANUEVERING SPACE SHALL BE NOT LESS THAN TWENTY-THREE (23) FEET IN LENGTH. B. 60 DEGREE ANGLE PARKING: EACH PARKING SPACE SHA~~ BE NOT LESS THAN EIGHT (8) FEET WIDE PERPENDICULAR TO THE PARKING ANGLE NOR ~ESS THAN EIGHTEEN (18) FEET IN LENGTH WHEN MEASURED AT RIGHT ANGLES TO THE BUILDING OR PARKING LINE. MANEUVERING SPACE SHALL BE NOT LESS THAN EIGHTEEN (18) FEET PERPENDICULAR TO THE BUI~DING OR PARKING LINE. c. 45 DEGREE ANGLE PARKING: EACH PARKING SPACE SHALL BE NOT LESS THAN EIGHT (8) FEET WIDE PERPENDICU~AR TO THE PARKING ANG~E NOR ~ESS THAN SEVENTEEN (17) FEET IN LENGTH WHEN MEASURED AT RIGHT ANG~ES TO THE BUI~DING OR PARKING ~INE. MANEUVERING SPACE SHA~~ BE NOT ~ESS THAN FIFTEEN (15) FEET PERPENDICULAR TO THE BUILDING OR PARKING LINE. D. WHEN OFF-STREET PARKING FACILITIES ARE LOCATED ADJACENT TO A PUBLIC ALLEY, THE WIDTH OF SAID ALLEY MAY BE ASSUMED TO BE A PORTION OF THE MANUVERING SPACE REQU I REMENT. E, A PRIVATE WALK, IF PROVIDED ADJACENT TO A BUSINESS BUILDING, SHALL BE NOT LESS THAN FIVE (5) FEET IN WIDTH AND SHALL BE IN ADDITION TO THE MINIMUM REQUIREMENT FOR PARKING AND MANUVERING SPACE HEREIN REQUIRED. F. WHERE OFF-STREET PARKING FACILITIES ARE PROVIDED IN EXCESS OF THE MINIMUM AMOUNTS HEREIN SPECIFIED, OR WHEN OFF-STREET PARKING FACI~ITIES ARE PROVIDED BUT NOT REQUIRED BY THIS ORDINANCE, SAID OFF-STREET PARKING FACILITIES SHALL COMPLY WITH THE MINIMUM REQUIREMENTS FOR PARKING AND MANUVERING SPACE HEREIN SPEC IFI ED. SECTION 17 SPECIAL USE REGULATIONS SECTION 17-1 SPECIAL USES: A. THE CITY COMMISSION BY AN AFFIRMATIVE TWO-THIRDS VOTE MAY BE ORDINANCE GRANT A SPECIAL PERMIT FOR THE FO~LOWING SPECIAL USES IN ANY DISTRICT AS HEREIN QUALIFIED, FOR WHICH THEY ARE OTHERWISE PROHIBITED BY THIS ORDINANCE, AND MAY IMPOSE APPROPRIATE CONDITIONS AND SAFEGUARDS, INC~UDING A SPECIFIED PERIOD OF TIME FOR THE PERMIT. (1) AIRPORT, ~ANDING FIELD, OR ~ANDING STRIP FOR AIRCRAFT. (2) AMUSEMENT PARK, BUT NOT WI THI N 300 FEET OF ANY "R" 01 STR I CT. (3) CIRCUS OR CARN I VAL GROUNDS, BUT NOT WITH IN 300 FEET OF ANY "R" DISTR,ICT. (4) COMMERCIAL, RECREATIONAL OR AMUSEMENT DEVE~OPMENT FOR TEMPORARY OR SEASONAL PERIODS. -23- (5) PERM ITTED IN ACRES, SHALL SHALL BE SET HOSPITAL OR INSTITUTION, PROVIDED THAT ANY HOSPITAL OR INSTITUTION ANY "R" D ISTR I CT SHALL BE LOCATED ON A SITE OF NOT LESS THAN fl VE NOT OCCUpy MORE THAN TEN PER CENT OF THE TOTAL LOT AREA AND BACK FROM ALL YARD LINES AT LEAST EIGHT (80) FEET. (6) OFFICE BUILDING OF A CIVIC, RELIGIOUS OR CHARITABLE ORGANIZATION, CONDUCTING ACTIVITIES PRIMARILY BY MAIL AND NOT HANDLING MERCHANDISE OR RENDERING SERVICES ON THE PREMISES, WITHIN THE R-4 DISTRICT. (7) PRIVATELY OPERATED COMMUNITY BUiLDING OR RECREATION fIELD. (8) ANY PUBLIC OR GDVERNMENT BUILDING. (9) RADIO OR TELEVISION BROADCASTING TOWER OR STATION. (10) DRIVE-IN THEATER IN THE C-2 COMMERCIAL DISTRICT. (11) TOURIST OR TRAILER CAMP WHEN LOCATED IN ANY BUSINESS OR INDUSTR.1AL DISTRICT CAN BE EXPANDED INTO AN ABUTTING RESIDENTIAL DISTRICT, PROVIDED SUCH TOURIST OR TRAILER CAMP SHALL COMPLY WITH THE fOLLOWING AND SUCH ADDITIONAL REQUIREMENTS AS MAY BE DEEMED NECESSARY FOR PROPER DEVELOPMENT AND THE PROTECTION Of THE SURROUNDING AREA: (ItA) ALL APPROPRIATE STATE AND COUNTY SANITATION REGULATIONS SHALL BE STRICTLY OBSERVED. (11B) AT LEAST 1,500 SQUARE FEET OF LOT AREA PER ;RAILER SHALL BE PROVIDED; NO TRAILER SHALL BE PARKED CLOSER TO THE STREET OR XIGHWAY THAN THE REQUIRED fRONT YARD SET BACK OR CLOSER THAN 20 fEET TO ANY PROPERTY LINE; AND A CLEARANCE Of NOT LESS THAN fifTEEN FEET SHALL BE MAINTAINED BETWEEN TRAILER COACHES ON ALL SIDES. (llc) TRAILER COACH SPACES SHALL ABUT UPON A HARD SURFACED DRIVEWAY OR ACCESSWAY Of NOT LESS THAN 25 fEET IN WIDTH. (llD) SERVICE BUILDING OR OTHER fACILITIES fOR BATHING, LAUNDRY AND SANITATION, AS REQUIRED BY THE STATE AND LOCAL HEALTH REGULATIONS, SHALL BE LOCATED AT LEAST 20 FEET fROM THE SIDE AND REAR LOT LINES AND SHALL BE ACCESSIBLE TO ALL TRAILER COACHES BY MEANS Of THE ACCESS DRIVES OR HARD- SURFACED WA LKS. (llE) WHEREVER PRACTICABLE, SPACE SHALL BE RESERVED FOR RECREATION AND A PLAYGROUND. B. BEFORE AUTHORIZATION OF ANY Of THE ABOVE SPECIAL USES, THE REQUEST THERE- rOR SHALL BE REfERRED TO THE PLANNING COMMISSION fOR STUDY AND REPORT CONCERN- ING THE CONFORMANCE OF THE PROPOSED USE TO THE OBJECTIVES Of THE COMPREHENSIVE PLAN AND ON THE CHARACTER AND DEVELOPMENT OF THE NEIGHBORHOOD. A PUBLIC HEAR- ING SHALL BE HELD IN RELATION THERETO BEFORE THE PLANNING COMMISSION, NOTICE AND PUBLICATION Of THE TIME AND PLACE fOR WHICH SHALL CONfORM TO THE PROCEDURE PRESORIBED IN SECTION 25. If NO REPORT IS TRANSMITTED BY THE PLANNING COMMISSION WITHIN SIXTY DAYS Of NOTIFICATION, THE CITY COMMISSION MAY TAKE ACTION WITHOUT fURTHER AWATTING SUCH REPORT. -24- C. ANY PROPOSED SPECIAL USE SHALL OTHERWISE COMPLY WITH ALL THE REGULATIONS SET FORTH IN THE ORDINANCE FOR THE DISTRICT IN WHICH SUCH USE IS LOCATED, EXCEPT THAT THE CITY COMMISSION MAY PERMIT HOSPITALS AND INSTITUTIONS TO EX~ CEED THE HEIGHT LIMITATIONS OF SUCH DISTRICT. 17-2 TEMPORARY BUILDINGS: TEMPORARY BUILDINGS USED IN CONJUNCTION WITH CONSTRUCTION WORK ONLY MAY BE PERMITTED IN ANY DISTRICT DURING THE PERIOD THAT THE CONSTRUCTION WORK IS IN PROGRESS, BUT SUCH TEMPORARY BUILDINGS SHALL BE REMOVED UPON COMPLETION OF THE CONSTRUCTION WORK. 17-3 RAILROADS AND UTILITIES: EXISTING RAILROADS AND UTILITIES, IN- CLUDING TELEPHONE SERVICE MAY CONTINUE TO BE OPERATED AND MAINTAINED IN DWELLING AND COMMERCIAL DISTRICTS, BUT NO NEW RAILROAD OR UTILITY STRUCTURE OTHER THAN THE USUAL POLES, WIRES AND UNDERGROUND UTILITIES SHALL BE ESTABLISHED IN SUCH DISTRICTS EXCEPT WHEN SO AUTHORIZED BY ARTICLE 1011J OF VERNON'S CIVIL STATUTES OF THE STATE OF TEXAS AND BY THE BOARD OF ADJUSTMENT, 17-4 PLANNED UNIT DEVELOPMENTS: THE PLANNED UNIT DEVELOPMENT PROCE- DURE CAN BE RECOMMENDED BY PLANNING COMMISSION ON ANY SIZE TRACT OF LANO WHERE THE REQUESTED RE-ZONING WOULD BE THE EXTENSION OF A CONTIGUOUS DISTRICT HAVING THE SAME ZONING CLASSIFICATION AND BY THE OWNERS OR THE PLANNING COMMISSION ON A TRACT OF LAND CONTAINING TEN OR MORE ACRES FOR WHICH THE OWNER DESIRES TO CHANGE THE EXISTING ZONING IN PART OR TOTALLY. THIS PROCEDURE IS NOT MANDATORY BUT OFFERS A MEANS FOR ZONING AND DEVELOPING PROPERTY WHERE IT IS IMPRACTICAL TO SPECIFY APPROPRIATE CONDITIONS WITH REFERENCE TO PARKING, PLANNING BECAUSE OF VARYING CONDITIONS OF TERRAIN, LOCATION AND ACCESSIBILITY; OR PROTECT THE PUBLIC WELFARE WHERE TRANSITION FROM A MORE TO A LESSER RESTRICTED USE OCCURS UNDER THE USE REGULATIONS (SECTION 6 TO 12 INCLUSIVE). THE CITY COMMISSION MAY WITHIN ITS DISCRETION AND AFTER REVIEW AND RECOMMENDATION BY THE CITY PLAN- NING COMMISSION, MAKE THE FOLLOWING RECOMMENDATIONS: A. RECOMMEND AGAINST THE CHANGE IN ZONING. 8. RECOMMEND A CHANGE IN ZONING. C. RECOMMEND A PLANNED UNIT DEVELOPMENT FOR SUCH AREA BE REVIEWED AND, AFTER PUBLIC HEARING AS PRESCRIBED IN SECTION 25, GRANT A CHANGE IN ZONING SUBJECT TO THE CONFORMANCE WITH AN APPROVED SITE PLAN, SAID SITE PLAN TO INDICATE THE PROVISIONS FOR THE PAVING OF STREETS, ALLEYS AND SIDEWALKS, MEANS OF INGRESS AND EGRESS TO THE PUBLIC STREET, PROVISIONS FOR DRAINAGE, PARKING SPACE AND STREET LAYOUT AND PROTECTIVE SCREENING AND OPEN SPACE. 17-5 A SPECIAL USE AS DEFINED UNDER SECTION 17-1 AND ZONING WHICH RE- LATES TO THE PROVISIONS OF THE PLANNED UNIT DEVELOPMENT AS DEFINED UNDER SECTION 17-4 SHALL BE CONSIDERED AS AN AMENDMENT TO THE ZONING ORDINANCE AS APPLICABLE TO SUCH PROPERTY. IN GRANTING SUCH PERMIT THE CITY COMMISSION MAY IMPOSE CONDITIONS WHICH SHALL BE COMPLIED WITH BY THE GRANTEE BEFORE A CERTIFICATE OF OCCUPANCY MAY BE ISSUED FOR THE USE OF THE BUILDINGS OR SUCH PROPERTY PURSUANT TO SAID SPECIAL PERMIT AND SUCH CONDITION SHALL NOT BE CONSTRUED AS CONDITIONS PRECEDENT TO THE GRANTING OF THE SPECIAL PERMIT OR THE CHANGE IN ZONING OF SAID PROPERTY, BUT SHALL BE CONSIDERED A PRECEDENT TO THE GRANTING OF A CERTIFICATE OF OCCUPANCY. -25- ~ . SECTION 18 NON-CONFORMING USES SECTION 18-1 CONTINUANCE Of USE. ANY NON-CONfORMING USE Of LAND OR STRUCTURES MAY BE CONTINUED fOR DEfiNITE PERIODS Of TIME, SUBJECT TO SUCH REGULATIONS AS THE ZONING BoARD Of ADJUSTMENT MAY REQUIRE fOR IMMEDIATE PRESERVATION Of THE ADJOINING PROPERTY AND THE ULTIMATE REMOVAL Of THE NON-CONfORMING USE. If, HOWEVER, A CONTINUOUS OPERATION IS NOT CARRIED ON IN SUCH NON-CONfORMING USE DURING A CONTINUOUS PERIOD Of ONE (1) YEAR, THE BUILDING, OTHER STRUCTURE OR TRACT Of LAND WHERE NON-CONfORMING USE PREVIOUSLY EXISTED SHALL THEREAfTER BE OCCUPIED AND USED ONLY fOR A CONfORMING USE. INTENT TO RESUME ACTIVE OPERATION SHALL NOT AffECT THE fOREGOING. 18-2 CHANGE Of USE. A NON-CONfORMING USE MAY BE CHANGED TO ANY CON- fORMING USE. ~NON-CONfORMING USE SHALL NOT BE CHANGED TO ANY OTHER TYPE Of NON-CONfORMING USE WITHOUT THE PRIOR APPROVAL Of THE ZONING BOARD Of ADJUST- MENT WHICH MAY GRANT A CHANGE Of OCCUPANCY fROM ONE NON-CONfORMING USE TO ANOTHER, PROVIDED THE USE IS WITHIN THE SAME OR HIGHER CLASSifiCATION AS THE OR~GINAL NON-CONfORMING USE, THAT SUCH NON-CONfORMING USE AND OCCUPANCY WILL NOT TEND TO PROLONG AND CONTINUE NON-CONfORMING USE. A NON-CONfORMING USE ONCE CHANGED fROM A LOWER TO A HIGHER CLASSifiCATION USE SHALL NOT BE CHANGED THEREAfTER TO A LOWER CLASSifiCATION USE, AND SUCH PRIOR LOWER CLASSifiCATION USE SHALL BE CONSIDERED ABANDONED. 18-3 DAMAGE AND DESTRUCTION. A NON-CONfORMING USE SHALL NOT BE EXTEND- ED OR REBU~LT IN CASE Of OBSOLESCENSE OR TOTAL DESTRUCTION BY fiRE OR OTHER CAUSE. IN THE CASE Of PARTIAL DESTRUCTION BY fiRE OR OTHER CAUSES NOT EXCEED- ING fifTY PER CENT (50%) Of ITS VALUE, THE BUILDING INSPECTOR SHALL ISSUE A PERMIT fOR RECONSTRUCTION. If GREATER THAN fifTY PER CENT (50%) AND LESS THAN TOTAL, THE ZONING BOARD Of ADJUSTMENT MAY GRANT PERMIT fOR REPAIR AfTER PUBLIC HEARING AND HAVING DUE REGARD fOR THE PROPERTY RIGHTS Of THE PERSONS AffECTED WHEN CONSIDERED IN THE LIGHT Of PUBLIC WELfARE AND THE CHARACTER Of THE AREAS SURROUNDING THE DESIGNATED NON-CONfORMING USE. 18-4 ENLARGEMENT. A NON-CONfORMING USE SHALL NOT BE ENLARGED OR EX- TENDED, EXCEPT UPON AUTHORIZATION Of THE ZONING BOARD Of ADJUSTMENT. 18-5 NORMAL MAINTENANCE. NORMAL MAINTENANCE Of A BUILDING OR A STRUCTURE CONTAINING A NON-CONfORMING USE IS PERMITTED, INCLUDING NECESSARY NON-STRUCTURAL REPAIRS AND INCIDENTAL ALTERATIONS NOT EXTENDING THE NON- CONfORMING USE. 18-6 STRUCTURAL CHANGES. No STRUCTURAL ALTERATION SHALL BE MADE IN A BUILDING OR OTHER STRUCTURE CONTAINING A NON-CONfORMING USE EXCEPT THAT RE- QU I RED BY LAW. PART III. ADMINISTRATIVE PROVISIOI~S SEe~toN 19 OFFICIAL ZONING MAP SeCTION 19.1 OfFICE Of THE OffiCE Of THE OffiCIAL ZONING MAP Of CITY SECRETARY AND ONE BUILDING INSPECTOR. THE CITY Of SCHERTZ SHALL BE KEPT IN THE (1) COpy SHALL BE MAINTAINED IN THE -26- 19-2 IT SHALL BE THE DUTY OF THE BUILDING INSPECTOR TO KEEP THE OFFICIAL MAP CURRENT AND THE COPIES THEREOF, HEREIN PROVIDED FDR, BY ENTERING ON SUCH MAPS ANY CHANGES WHICH THE CITY COMMISSION MAY FROM TIME TO TIME ORDER BY AMENDMENTS TO THE ZONING ORDINANCE AND MAP. 19-3 THE CITY SECRETARY, UPON THE ADOPTION OF THIS ORDINANCE SHALL AFFIX A CERTIFICATE IDENTIFYING THE MAP IN HIS OFFICE AS THE OFFICIAL ZONING MAP OF THE CITY OF SCHERTZ. HE SHALL LIKEWISE OFFICIALLY IDENTIFY THE COPIES DIRECTED TO BE KEPT BY THE PLANNING COMMISSION AND IN THE OFFICE OF THE BUILDING INSPECTOR. SECTION 20 ENFORCEMENT SECTION 20-1 BUILDING INSPECTOR: A. THE PROVISIONS OF THIS ORDINANCE SHALL BE ADMINISTERED AND ENFORCED BY THE BUILDING INSPECTOR OF THE CITY OF SCHERTZ. B. RIGHT TO ENTER. THE BUILDING INSPECTOR OR ANY DULY AUTHORIZED PERSON SHALL HAVE THE RIGHT TO ENTER UPON ANY PREMISES AT ANY REASONABLE TIME PRIOR TO THE COMPLETION OF THE BUILDINGS FOR THE PURPOSE OF MAKING INSPECTIONS OF BUILDING OR PREMISES NECESSARY TO CARRY OUT HIS DUTIES IN THE ENFORCEMENT OF THIS ORDINANCE. C. STOP ORDERS. WHENEVER ANY BUILDING WORK IS BEING DONE CONTRARY TO THE PRO- VISIONS OF THIS ORDINANCE, THE BUILDING INSPECTOR MAY ORDER THE WORK STOPPED BY NOTICE IN WRITING SERVED ON THE OWNER OR CONTRACTOR DOING OR CAUSING SUCH WORK TO BE DONE, AND ANY SUCH PERSON SHALL FORTHWITH STOP SUCH WORK UNTIL AUTHORIZED BY THE BUILDING INSPECTOR TO PROCEED WITH THE WORK. SECTION 21 PLANS SECTION 21-1 ALL APPLI CAT IONS FOR BUI LD ING PERM I TS SHALL BE ACCOMPAN I ED BY ACCURATE PLOT PLANS, SUBMITTED IN DUPLICATE, DRAWN TO SCALE, SHOWING THE ACTUAL SHAPE AND DIMENSIONS OF THE LOT TO BE BUILT UPON, THE EXACT SIZES AND LOCATIONS ON THE LOT OF THE BUILDINGS AND ACCESSORY BUILDINGS THEN EXISTING AND THE LINES WITHIN WHICH THE PROPOSED BUILDING AND STRUCTURE SHALL BE ERECTED OR ALTERED, THE EXISTING AND INTENDED USE OF EACH BUILDING OR PART OF BUILDING, THE NUMBER OF FAMILIES OR HOUSEKEEPING UNITS THE BUILDING IS DESIGNED TO ACCOMMODATE, AND SUCH OTHER INFORMATION WITH REGARD TO THE LOT AND NEIGHBORING LOTS AS MAY BE NECESSARY TO DETERMINE AND PROVIDE FOR THE EN- FORCEMENT OF THIS ORDINANCE. ONE COPY OF SUCH PLOT PLANS WI LL BE RETURNED TO THE OWNER WHEN SUCH PLANS HAVE BEEN APPROVED. AN INSPECTION PERIOD OF AS MUCH AS TWO WEEKS SHALL BE ALLOWED FOR INSPECTION OF PLANS BEFORE A PERMIT SHALL BE ISSUED. 21-2 ALL DIMENSIONS SHOWN ON THESE PLANS RELATING TO THE LOCATION AND SIZE OF THE LOT TO BE BUILT UPDN SHALL BE BASED ON AN ACTUAL SURVEY AND THE LOT SHALL BE STAKED OUT ON THE GROUND BEFORE CONSTRUCTION IS STARTED. -27- SECTION 22 EFFECT UPON EXISTING PERMITS-, AGREEMENTS AND RIGHTS Section 22-1 Existing Pet1l)its and Private Agreements. This ordinance ,:lis not intended to abrogate or annul (1) any permits issued before the effe9tive date of this ord:lnance. or (2) any easement., covenant or any other p~vate agreement. 22~2 Preserving Rights in Pending Litigation and Violations Under Exis ting Ordinances. By the pas,sag!! of this ordinance, no Ere,se~ tly iJ;legal use shall be deemed to have been :Le&alized unless speci,fically SUch "use';falls within a use district where the actual use is a conformiIlg__.w>e. ' 'Otherwise, such uses shall remain non-conforming uses where recQgnized, or an illegal use, as the case may be. It is further the intent and declare~ purpose of this ord:lnance that no offense committed. and no liability, penalty or forfeiture, either civil or criminal, shall be discha~ged or affected by the adoption of this ordinance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes pres.ently pending be proceeded with in all respects as if such prior ordinance had not been repealed. 22-3 Completion of Existing Buildings. A. Nothing in these regulations nor in any amendments hereto which"cQange district boundaries shall require any change in the plans, constructiQn or designated use of a building which shall be completed in its entirety' within two (2) years from the date of the passage of this ordinance, provided such building either was actually under construction at the time of the p~ssage of this ordinance or was authorized by building permit before ,the passage of this ordinance, and further provided construction shall have been ~~arted within ninety (90) days from passage of this ordinance. B. Commitments with reference to construction of public utility building necessary forE.l'op_osed expansion of the City made prior to the passage of this ordinance shall be observed, 22-4 Zoning of Annexed Areas. A. Proposed Annexation. In the event the Planning Commission holds a hearing on proposed annexation, it may. at its discretiQn, at the same time hold a hearing upon the permanent zoning that is to be given to the area or'tract to be annexed, and make a recommendation on both matters to the City Commission so that the City Commission can, if it desires, act on the matter of permanent zoning and annexation at the same time. -28- , B. Zoning Annexed Areas. All territory annexed to the City of Scher~,~...re~ after shall be temporarily classified as R-l Single-Family Residence'Df~trict only until permanently zoned by the City Commission of the City of S~~tz. The Planning Commission shall~ within a.periodof six months af~er ann~~tion of any territory, recommend to the City Colllll1is,sion a permanentzqning; "ij,ijd the procedqte to be followed shall be the same as is provided by law for t~" adoption of original zoningreg!1la1;,ions. SECTION 23 BOARD OF ADJUSTMENT Section 23-1 Organization and. Procedure. A. A Board of Adjustment is created consistJ;l1.g iif five citizens of d(f'City of Schertz, each to be appointed by the Mayor and confirmed by the city Connnission, for the terms of three years, respectively" proviqed that",when the first Board shall be appointed hereunder, one member shall be appointed, for one year, two for two years, and two for three years. At least 'one member of the Board shall be a member of the Planning,C~s,sion and his term shall expire at the same time as his term on such CO~issj;on.. K~ember appointed to fill a vacancy shall serve for the unexpired term. B. The hearings of the Board of Mjustment shall be public. Howeve~, the Board may go into executive session for diSCUSSion but not for vote 9D any case before it. The Board shall organize annually and elect a pres~ent, vice president and secretary. The Board of Adjustment shall actb)"resg:;Lution in which three members must concur. The Board shall adopt from time t/3" time such rules and regulations as it may deem necessary to carry into.'affect the provisions of this Ordinance, and shall furnish a copy of ' the same to the Building Inspector, all of which rules and regulations shall operate uniformlY in all cases. All of its resolutions and orders shall,);e in accordance therewith. The Board shall hear the intervention of any owner of property adjac~t to, in the rear -of, or across the street from a lot as to which the granting of any b,!1ilding permit is pending. and shall also hear any other partt,es in interest. ' C. the Board shall have the power to subpoena witnesses, administer ,.aths, and pun:;.sh for contemp_t, and !)lay req!1ire the production of documents,'"under such regUlations as it may establish. 23-2 , Appeals may be taken to and before the Board of Adjustment;,!>y any person agg):'ieved, or by any officer, department, board or bureauorthe"..City. Such appeal shall be taken by filing with the office of the Board, a l)o'fice of appeal and specifying the .grounds thereof. The office or departmen,:t' from which the appeal is taken shall forthwith transmit to the Zoning Board' of Adjus,t,ment" all of the pap,e.rs constituting the record upon which thea.l;',tion appealed from was taken. An appeal shall stay all proceedings in furtherance of the action app~led from unless the Building Inspector shall certify to the Board of"Mj!1$tment that by reason of facts stated in the certificate, a stay would,ip its -29- " ",. .~ , OPINION, CAUSE IMMINENT PERIL TO LIFE OR PROPERTY, IN WHICH CASE PROCEEDINGS SHALL NOT BE STAYEO OTHERWISE THAN BY A RESTRAINING ORDER WHICH MAY BE GRANTE~ BY THE BoARD OF AOJUSTMENT OF BY A COURT OF EQUITY, AFTER NOTICE TO THE OFFICER FROM WHOM THE APPEAL IS TAKEN AND ON DUE CAUSE SHOWN. THE BOARD SHALL FIX A REASONABLE TIME FOR THE HEARING OF THE APPEAL OR OTHER MATTER REFERRED TO IT, AND SHALL MAIL NOTICES OF SUCH HEARING TO THE PETITIONER AND TO THE OWNERS OF PROPERTY LYING WITHIN TWO HUNDRED (200) FEET OF ANY POINT OF THE LOT OR PORTION THEREOF ON WHICH A VARIATION IS DESIRED, AND TO ALL OTHER PERSONS DEEMED BY THE BOARD TO BE AFFECTED THEREBY, SUCH OWNERS AND PERSONS BEING DETERMINED ACCORDING TO THE CURRENT TAX ROLLS OF THE CITY OF SCHERTZ AND DEPOSITING OF SUCH WRITTEN NOTICE IN THE MAIL SHALL BE DEEMED SUFFICIENT COMPLIANCE THEREWITH. THE BOARD SHALL DECIDE THE APPEAL WITHIN A REASONABLE TIME. UPON THE HEARING, ANY PARTY MAY APPEAR IN PERSON OR BY AGENT OR ATTORNEY. THE BOARD MAY REVERSE OR AFFIRM, WHOLLY OR PARTLYOR MAY MODIFY THE ORDER, REQUIREMENTS, DECISION OR DETERMINATION AS IN ITS OPINION OUGHT TO BE MADE IN THE PREMISES, AND TO THAT END, SHALL HAVE ALL POWERS OF THE OFFICER OR DEPARTMENT FROM WHOM THE APPEAL IS TAKEN. 23-3 THE BOARD OF ADJUSTMENT SHALL HAVE THE FOLLOWING POWERS AND IT SHALL BE ITS DUTy: A. To HEAR AND DECIDE APPEALS WHERE IT IS ALLEGED THERE IS ERROR OF LAW IN ANY ORDER, REQUIREMENT, DECISION OR DETERMINATION MADE BY THE BUILDING IN- SP'ECTOR I N THE ENFORCEMENT OF TH I S CODE. B. IN HEARING AND DECIDING APPEALS THE BOARD SHALL HAVE THE POWER TO GRANT AN EXCEPTION IN THE FOLLOWING INSTANCES: (1) PERMIT THE EXTENSION OF A DISTRICT WHERE THE BOUNDARY LINE OF A DISTRICT DIVIDES A LOT OR TRACT HELD IN A SINGLE OWNERSHIP AT THE TIME OF THE PASSAG E OF TH ,I S CODE. (2) INTERPRET THE PROVISIONS OF THIS CODE IN SUCH A WAY AS TO CARRY OUT THE INTENT AND PURPOSE OF THE ORDINANCE, AS SHOWN UPON THE MAPS FIXING THE SEVERAL DISTRICTS, ACCOMPANYING AND MADE A PART OF THIS ORDINANCE, WHERE THE STREET LAYOUT ACTUALLY ON THE GROUND VARIES FROM THE STREET LAYOUT AS SHOWN ON THE MAPS AFORESAID. (3) PERMIT THE RECONSTRUCTION OF A NON-CONFORMING BUILDING WHICH HAS BEEN DAMAGED BY EXPLOSION, FIRE, ACT OF GOD, OR THE PUBLIC ENEMY, TO THE EXTENT OF MORE THAN FIFTy (50) PER CENT OF ITS FAIR MARKET VALUE. (4) WAIVE OR REDUCE THE PARKING AND LOADING REQUIREMENTS IN ANY OF THE DISTRICTS WHENEVER THE CHARACTER OR USE OF THE BUILDING IS SUCH AS TO MAKE UNNECESSARY THE FULL PROVISION OF PARKING OR LOADING FACILITIES, OR WHERE SUCH REGULATIONS WOULD IMPOSE AN UNREASONABLE HARDSHIP UPON THE USE OF THE LOT, AS CONTRASTED WITH MERELY GRANTING AN ADVANTAGE OR A CONVENIENCE. (5) PERMIT LAND WITHIN THREE HUNDRED (300) FEET OF A MULTIPLE DWELLING TO BE IMPROVED FOR THE PARKING SPACES REQUIRED IN CONNECTION WITH A -30- , ~ .. . multiple dwelling, but only when there is positive assurance that such land will be used for such purpose during the existence of the multiple dwelling. (6) To determine whether an industry should be permitted within the M-l Restricted Industrial and the M-2 Industrial Districts because of the methods by which it would be operated and because of its effect upon. uses within surrounding zoning districts, C. The Board shall have the authority to grant the following variations: (1) Permit a variation in the yard requirements of any'dis,trict where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variation will not seriously affect any adjoining property or the general welfare. (2) Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this Code relating to the construction or alterations of buildings or structures will impose upon him unusual and practical difficulties or particular hardship, such variations of the strict application of the terms of this Ordinance as are in harmony with its general purpose and intent, but pnly when the Board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variation from the Comprehensive Plan as established by this Ordinance, and at the same time, the surrounding property will be properly protected, In considering all appeals and all proposed exceptions or variations ,to ,this Code the Board shall, before making any exceptions or variations from the Ordinance in a specific case, first determine that it will not 'impair an adequate supply of light and air to adjacent property or unreasonably'inc;rease the congestion in public streets, or increase the danger of fire or "endanger the public safety, or unreasonably diminish or impair established'property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabit-ants'of the City of Schertz. 23-4 A fee of twenty-five dollars ($25.00) shall be paid to the Building Inspector at the time the notice of appeal is filed, which the Inspector shall forthwith pay over to the City Treasurer to the credit of the general revenue fund of the City of Schertz. SECTION 24 CERTIFICATES OF OCCUPANCY Section 24-1 Certificates of occupancy shall be required for any of the following: A, Occupancy and use of a building hereafter erected or structurally'altered. B. Change in use of an existing building to a use of a different classification. -31- '.L-..... . '. C. OCCUPANCY AND USE OF VACANT LAND. D. CHANGE IN THE USE OF LAND TO A USE OF A DIFFERENT CLASSIFICATION. E. ANY CHANGE IN THE USE OF A NON-CONFORMING USE. CHANGE Of USE, SHALL TAKE PLACE UNTIL A CERTifiCATE SHALL HAVE BEEN ISSUED BY THE BUILDING INSPECTOR. No SUCH OCCUPANCY, USE OR OF OCCUPANCY THEREFOR 24-2 WRITTEN APPLICATION FOR A CERTifiCATE Of OCCUPANCY fOR A NEW BUILDING OR fOR AN EXISTING BUILDING WHICH HAS BEEN ALTERED SHALL BE MADE AT THE SAME TIME AS THE APPLICATION fOR THE BUILDING PERMIT fOR SUCH BUILDING. SAID CERTifiCATE SHALL BE ISSUED WITHIN THREE DAYS AfTER A WRITTEN REQUEST fOR THE SAME HAS BEEN MADE TO SAID BUILDING INSPECTOR OR HIS AGENT AfTER THE ERECTION OR ALTERATION OF SUCH BUILDING OR PART THEREOf HAS BEEN COM- PLETED IN CONFORMITY WITH THE PROVISIONS OF THIS ORDINANCE. 24-3 WRITTEN APPLICATION FOR A CERTifiCATE OF OCCUPANCY FOR THE USE OF VACANT LAND, OR fOR A CHANGE IN THE USE Of LAND FOR A BUILDING, OR FOR A CHANGE I N A NON-CONFORM ING USE, AS HERE I N PROV IDEO, SHALL BE MADE TO SA 10 BUILDING INSPECTOR; IF THE PROPOSED USE IS IN CONFORMITY WITH THE PROVISIONS OF THIS ORDINANCE, THE CERTifiCATE OF OCCUPANCY THEREfOR SHALL BE ISSUED WITHIN THREE DAYS AfTER THE APPLICATION fOR SAME HAS BEEN MADE." THii: FEE fOR SUCH CERTifICATE Of OCCUPANCY SHALL BE ONE DOLLAR ($1.00) TO BE PAID TO THE CITY TREASURER OF THE CITY Of SCHERTZ. 24-4 EVERY CERTifiCATE Of OCCUPANCY SHALL STATE THAT THE BUILDING OR THE PROPOSED USE Of A BUILDING OR LAND COMPLIES WITH ALL PROVISIONS Of LAW. A RECORD OF ALL CERTifiCATES Of OCCUPANCY SHALL BE KEPT IN fiLE IN THE OFfiCE OF THE BUILDING INSPECTOR OR HIS AGENT AND COPIES SHALL BE fURNISHED ON RE- QUEST TO ANY PERSON HAVING PROPRIETORY OR TENANCY INTEREST IN THE BUILDING OR LAND AFfECTED. 24-5 CERTifiCATES Of OCCUPANCY fOR NON-CONfORMING USES. A CERTifiCATE OF OCCUPANCY SHALL BE REQUIRED FOR ALL LAWfUL NON-CONfORMING USES Of LAND OR BUILDINGS CREATED BY ADOPTION Of THIS ORDINANCE. ApPLICATION FOR SUCH CERTIFICATE Of OCCUPANCY FOR A NON-CONfORMING USE SHALL BE fiLED WITH THE BUILDING INSPECTOR BY THE OWNER OR LESSEE OF THE BUILDING OR LAND OCCUPIED BY SUCH NON-CONFORMING USE WITHIN ONE YEAR OF THE EffECTIVE DATE OF THIS ORDINANCE. IT SHALL BE THE DUTY OF THE BUILDING INSPECTOR TO ISSUE A CERTifi- CATE OF OCCUPANCY fOR A LAWFUL NON-CONfORMING USE, BUT fAILURE TO APPLY fOR SUCH CERTIFICATE Of OCCUPANCY FOR A NON-CONfORMING USE, OR REfUSAL OF THE BUILDING INSPECTOR TO ISSUE A CERTifiCATE Of OCCUPANCY fOR SUCH NON- CONfORMING USE SHALL BE EVIDENCE THAT SAID NONCONFORMING USE WAS EITHER ILLEGAL OR DID NOT LAWfULLY EXIST AT THE EfFECTIVE DATE OF THIS ORDINANCE. SECTION 25 AMENDMENTS SECTION 25-1 THE CITY COMMISSION MAY FROM TIME TO TIME AMEND, SUPPLEMENT OR CHANGE BY ORDINANCE THE BOUNDARIES OF THE DISTRICTS OR THE REGULATIONS HEREIN ESTABL I SHED. -32- ... ,~... , 25-2 BEFORE TAKING ACTION ON ANY PROPOS~D AMENDMENT, SUPPLEMENT OR CHANGE THE CITY COMMISSION SHALL SUBMIT THE PROPOSED REVISION TO THE PLANNING COMMISSION FOR ITS RECOMMENDATION AND REPORT. THE PLANNING COMMISSION SHALL MAKE A PRELIMINARY REPORT AND HOLD PUBLIC HEARINGS THEREON BEFORE SUBMITTING ITS FINAL REPORT. WRITTEN NOTICE OF ALL PUBLIC HEARINGS ON PROPOSED CHANGES IN CLASSIFICATIONS SHALL BE SENT TO ALL OWNERS OF PROPERTY, OR TO THE PERSON RENDERING THE PROPERTY FOR CITY TAXES, AFFECTED BY SUCH PROPOSED CHANGES OR CLASSIFICATIONS AND TO ALL OWNERS OF PROPERTY, OR TO THE PERSON RENDERING THE PROPERTY FOR CITY TAXES, LOCATED WITHIN TWO HUNDRED (200) FEET OF ANY PROPERTY AFFECTED THEREBY WITHIN NOT LESS THAN TEN (10) DAYS BEFORE ANY SUCH HEARING IS HELD. SAID NOTICE MAY BE SERVED BY DEPOSITING THE SAME, PROPERLY ADDRESSED AND POSTAGE PAID, IN THE CITY POST OFFICE. 25-3 AFTER RECEIPT OF THE FINAL REPORT FROM THE PLANNING COMMISSION, A PUBLIC HEARING SHALL BE HELD BY THE CITY COMMISSION BEFORE ADOPTING ANY PROPOSED AMENDMENT, SUPPLEMENT OR CHANGE. NOTICE OF SUCH HEARING SHALL BE GIVEN BY PUBLICATION ONE (1) TIME IN A PAPER OF GENERAL CIRCULATION IN THE CITY STATING THE TIME AND PLACE OF SUCH HEARING, WHICH TIME SHALL BE NOT LESS THAN FIFTEEN (15) DAYS FROM THE FIRST DATE OF PUBLICATION. 25-4 UNLESS SUCH PROPOSED AMENDMENT, SUPPLEMENT OR CHANGE HAS BEEN APPROVED BY THE PLANNING COMMISSION, SUCH AMENDMENT, SUPPLEMENT OR CHANGE SHALL NOT BECOME EFFECTIVE EXCEPT BY CONCURRENCE OF FOUR MEMBERS OF THE CITY COMMISSION AND NO VOTE SHALL BE TAKEN UNLESS THE FULL MEMBERSHIP OF THE CITY COMMISSION IS PRESENT. 25-5 FILING FEE. No NOTICES OF ANY APPLICATION FOR CHANGE OF ZONING DISTRICT BOUNDARIES OR FOR ANY CHANGE OF ZONING ORDINANCE OR CLASSIFICATIONS SHALL BE ISSUED AND NO HEARINGS SHALL BE HAD BEFORE EITHER THE PLANNING COMMISSION OR THE CITY COMMISSION UNTIL A FILING FEE ACCOMPANYING SUCH APPLICATION IS PAID. THE FILING FEE (PAYABLE IN CASH, CERTIFIED CHECK OR CASHI ERI.S CHECK) SHALL BE FIFTEEN DOLLARS ($15.00) FOR THE FIRST ONE HUNDRED (100) FEET OR FRACTION THEREOF, OF LOT FRONTAGE INVOLVED, AND FIVE DOLLARS ($5.00) FOR EACH ADDITIONAL ONE HUNDRED (100) FEET, OR FRACTION THEREOF. SECTION 26 VIOLATION AND PENALTIES ANY PERSON WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THIS ZONING CODE OR WHO SHALL FAIL TO COMPLY THEREWITH OR WITH ANY OF THE REQUIREMENTS THEREOF, OR WHO SHALL ERECT OR ALTER ANY BUiLDING, OR WHO SHALL COMMENCE TO ERECT OR ALTER ANY BUILDING IN VIOLATION OF ANY DETAILED STATEMENT OF PLAN SUB- MITTED OR APPROVED THEREUNDER, SHALL FOR EACH AND EVERY VIOLATION OR NON- COMPLIANCE BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL BE FINED NOT MORE THAN TWO HUNDRED DOLLARS ($200.00), AND EACH DAY SUCH VIOLATIONS SHALL BE PERMITTED TO EXIST SHALL CONSTITUTE A SEPARATE OFfENSE. THE OWNER OF THAT BUILDING OR PREMISES OR PART THEREOF WHERE ANYTHING IN VIOLATION Of THJS ZONING CODE SHALL BE PLACED OR SHALL EXIST AND ANY ARCHITECT, BUILOER, CONTRACTOR, AGENT, PERSON OR CORPORATION EMPLOYED IN CONNECTION THEREWITH WHO MAY HAVE ASSISTED IN THE COMMISSION Of ANY SUCH VIOLATION SHALL EACH BE GUILTY OF A SEPARATE OFFENSE AND UPON CONVICTION SHALL BE SUBJECT TO THE PENALTIES HEREIN PROV IDEO. -33-