Saturday, September 11, 2010

Ivanhoe Comprehensive Plan

The Ivanhoe Comprehensive Plan was designed to help the Cities of Ivanhoe and Ivanhoe North maintain and control their neighborhoods, with the purpose of keeping Ivanhoe a great place to live, maintaining the value of our property, and helping encourage future growth.

If you would like a copy, you may get one at the IPOIA office. Because the Plan is so large, it will cost $9.00 to copy. You may look at it here on the blog for free, or you may copy it to your computer.
There will be a public hearing to discuss and explain the Plan on October 9, 2010 at 9 AM at the Buck Priest Community Center.


IVANHOE COMPREHENSIVE PLAN SHALL READ AS FOLLOWS:

The comprehensive plan for the City of Ivanhoe is to maintain the city in its present state or better.
Table of Contents

I. GENERAL PROVISIONS

Section 1.1: Enacting Clause . . . . . . . . . . . Page 4

Section 1.2: Title and Purpose . . . . . . . . . . Page 4

Section 1.3: Zoning District Map . . . . . . . . . Page 4

Section 1.4: Zoning District Boundaries . . . . . Page 5

Section 1.5: Compliance Required and

Application of Regulations . . . . . Page 5

Section 1.6: Zoning Upon Annexation . . . . . . . Page 6

II.ZONING PROCEDURES & ADMINISTRATION

Section 2.1: Nonconforming Uses and Structures . . Page 8

Section 2.2: Planning & Zoning Commission . . . . Page 10

Section 2.3: Zoning Board of Adjustments . . . . . Page 13

Section 2.4: Changes and Amendments to Zoning

Ordinances and Districts, and

Administrative Procedures . . . . . . Page 18

Section 2.5: Certificates of Occupancy and

Compliance. . . . . . . . . . . . . . Page 23

Section 2.6: Dangerous Structures Defined . . . . Page 24

Section 2.7: Dangerous buildings declared

Nuisances . . . . . . . . . . . . . . Page 25

Section 2.8 Standard for Repair or Demolition . . Page 25

Section 2.9 Abatement of building or structures

constituting a clear and present

danger to the public safety . . . . . Page 27

Section 2.10 Enforcing officer – Powers and Duties Page 27

Section 2.11 Assistance by other departments . . . Page 28

Section 2.12 No utilities to vacant dwellings . . Page 28

Section 2.13 Notices . . . . . . . . . . . . . . . Page 29

Section 2.14 Securing of unoccupied buildings . . Page 29

III:ZONING DISTRICTS

Section 3.1: Zoning Districts Established . . . . Page 31

Section 3.2: SF, Single-Family Residential

District II . . . . . . . . . . . . . Page 31

Section 3.3: SF-MH, Single-Family/Manufactured

Home-Residential Districts I and III. Page 33

Section 3.4: SFA, Single-Family Attached

Residential District . . . . . . . . Page 34

Section 3.5: O, Office District IV . . . . . . . . Page 36

Section 3.6: LR, Local Retail District IV & V . . Page 38

Section 3.7: CUP, Conditional Use Permit . . . . . Page 40

IV:USE REGULATIONS

General . . . . . . . . . . . . . . . . . . . . . Page 44

V. DEVELOPMENT STANDARDS & USE REGULATIONS

Section 5.1: Off-Street Parking and Loading

Requirements . . . . . . . . . . . . Page 50

Section 5.2: Fencing, Walls, & Screening

Requirements . . . . . . . . . . . . Page 52

Section 5.3: Sewage Disposal Requirements . . . . Page 53

Section 5.4: Exterior Construction & Design

Requirements . . . . . . . . . . . . Page 54

Section 5.5: Supplemental Regulations . . . . . . Page 56

Section 5.6: Performance Standards . . . . . . . . Page 61 Section 5.7: Animal Husbandry . . . . . . . . . . Page 63

Section 5.8: Definitions . . . . . . . . . . . . . Page 65

VI. PENALTIES AND ENFORCEMENT

Section 6.1: Effect of Interpretation . . . . . . Page 78

Section 6.2: Preserving Rights in Pending

Litigation & Violations Under

Existing Ordinances . . . . . . . . . Page 78

Section 6.3: Stop Orders . . . . . . . . . . . . . Page 78

Section 6.4: Permit Revocation . . . . . . . . . . Page 78

Section 6.5: Denial of Approvals and Permits . . . Page 78

Section 6.6: Penalties and Injunctive Relief . . . Page 79

Section 6.7: Validity . . . . . . . . . . . . . . Page 79

Section 6.8: Effective Date . . . . . . . . . . . Page 80

APPENDIX A

Ivanhoe Districts . . . . . . . . . . . . . . . . Page 81

I. GENERAL PROVISIONS

Section 1.1: Enacting Clause

A. THIS ORDINANCE IS HEREBY ENACTED AND ADOPTED AS THE ZONING ORDINANCE FOR THE CITY OF IVANHOE, TEXAS. TO READ AS FOLLOWS:

B. THE CITY OF IVANHOE ADOPTS THE FOLLOWING STATE STATUES CITED HEREIN:

Section 1.2: Title and Purpose

A. Title: This article shall be known and may be cited as the City of Ivanhoe’s “Zoning Ordinance”.

B. Purpose: As authorized by Chapter 211 of the Texas Local Government Code, the zoning regulations and districts as herein established have been made in accordance with an adopted comprehensive plan for the purpose of promoting the public health, safety, morals and general welfare, and protecting and preserving places and areas of historical, cultural and/or architectural importance and significance within the City. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to ensure adequate light and air; to prevent the overcrowding of land and thus avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, wastewater treatment, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of each zoning district and its particular suitability for the uses specified; and with a view to conserving the value of buildings and attributes and to encouraging the most appropriate use of land throughout the City.

Section 1.3: Zoning District Map

A. Division Into Zoning Districts: The City is hereby divided into zones, or districts, and the boundaries of zoning districts set out herein are delineated upon the Zoning District Map of the City, which may also be cited as the “Zoning Map”, said map being adopted as a part of this Ordinance as fully as if the same were set forth herein in detail.

1. The original of the Zoning District Map shall be filed in the office of the City Secretary and labeled as “Zoning Map of the City of Ivanhoe, Texas. The original copy shall be the official Zoning District Map and shall bear the signature of the Mayor, attested by the City Secretary, and shall bear the seal of the City under the following words: “This is to certify that this is the Official Zoning Map referred to in Section 1.3 of the Zoning Ordinance of the City of Ivanhoe, Texas, adopted on the ______________, _______. The original map shall not be changed in any manner. In case of any question, this copy, together with amending ordinances, shall be controlling.

2. The original Zoning District Map shall be placed in the office of the Mayor/City Administrator or their designee. The map shall be used for reference and shall be City of Ivanhoe, Texas Zoning Ordinance maintained up-to-date by posting thereon all subsequent amendments. Reproductions for informational purposes may only be made of the official Zoning District Map or this copy.

B. Zoning Map Changes/Amendments: Any changes/amendments made to the zoning district boundaries shall be made on the map original promptly after the amendment has been approved by the City Council, together with a descriptive entry on the map as follows: “On the ___ th day of ___________, 20__, by official action of the City Council of Ivanhoe, Texas, the following change(s) was made on the City’s official Zoning District Map: _________{enter a brief description of the nature of the change}, Ordinance No. _______, effective date __________, 20___”. The descriptive entry shall be signed by the Mayor and attested by the City Secretary.

Section 1.4: Zoning District Boundaries

A. Boundary Delineations: The zoning district boundary lines shown on the Zoning District Map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the Zoning District Map, the following rules shall apply:

1. The boundary of Ivanhoe shall be designated by the Northwest (NW) side of Lakewood Drive and the side of the streets, roads, highways or alleys that border Ivanhoe North.

2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

3. Boundaries indicated as approximately following City limits shall be construed as following City limits.

4. Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines.

5. Boundaries indicated as following the centerline of creeks, streams or drainage ways shall be construed to follow such centerline, and in the event of change in the centerline shall be construed to move with such centerline.

6. Boundaries indicated as parallel to or extensions of features indicated within Subsections 1 through 5 above shall be so construed. Distances not specifically indicated on the Zoning District Map shall be determined by the scale of the Map.

7. Whenever any street, alley or other public way is vacated by official action of the City Council or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley or other public way shall be automatically extended to the

centerline of such vacated street, alley or public way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

8. The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street unless, as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street.

Section 1.5: Compliance Required and Application of Regulations

A. Compliance Hereafter: All land, buildings, structures or appurtenances thereon located within the City of Ivanhoe, Texas which are occupied, used, constructed, erected, removed, placed, demolished, or converted after the effective date of this ordinance shall be occupied, used, erected, altered, removed, placed, demolished or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located, as hereinafter provided, or such shall be subject to penalties provided in Section VI of this Ordinance. All of the standards and regulations prescribed herein shall be considered as the minimum requirement unless explicitly stated otherwise. No building shall hereafter be erected or altered:

1. To have more narrow or smaller front, side or rear yards than those required by this Ordinance;

2. To exceed the maximum height allowed by this Ordinance;

3. To occupy a greater percentage of lot area than allowed by this Ordinance; or

4. To accommodate or house a greater number of families than is specified within this Ordinance for the zoning district in which such building is located.

B. Use Conflicting With Other Regulations: No use(s) shall be allowed that is prohibited by State or Federal law or that operates in excess of State or Federal environmental, pollution or performance standards as determined by the U.S. Environmental Protection Agency (EPA), Texas Air Control Board (TACB), Texas State Department of Health (TSDH), Texas Commission on Environmental Quality (TCEQ), Federal Aviation Administration (FAA), Federal Communications Commission (FCC), or any other applicable State or Federal agency, as the case may be.

C. Setbacks, Yards, & Open Spaces: No lot upon which a building has been erected shall later be so reduced in area that the setbacks, yards and/or open spaces shall be smaller than those required by this Ordinance, nor shall a part of a yard or other open space required by this Ordinance for any building or lot be included as a part of a yard or other open space similarly required for another building or lot.

D. Applications in Relation to Zoning: No preliminary or final plat applicable to land that is located within the City limits shall be submitted for approval until the area contained within the plat has been zoned for the proposed use of the property.

E. Existing Uses: All existing uses that may be nonconforming after the effective date of this ordinance shall comply with Section 2.1 of this Ordinance.

F. Characteristic of the Land: Zoning is considered to be a characteristic of the land rather than a characteristic of the landowner. Zoning cannot be bought or sold.

Section 1.6: Zoning Upon Annexation

A. As soon as practical following annexation, but in no event more than one hundred and twenty (120) days thereafter, the City Council shall, on its own motion or by property owners of the annexed area, initiate proceedings to establish zoning on the newly annexed territory, thereupon the City shall commence public notification and other standard procedures for zoning amendments as set forth in Section 2.4 of this Ordinance. Said proceedings to establish zoning may be undertaken concurrently with annexation procedures. However zoning approval and formal adoption of the ordinance establishing zoning must occur after annexation approval and adoption has occurred and as a separate and distinct action by the City Council.

1. The initial zoning of a land parcel after annexation, whether by initiation of the landowner or by initiation of the City, must meet the requirements for notification and public hearings as set forth in Section 2.4 of this Ordinance and all other applicable State laws.

2. The owner of land to be annexed may submit an application for zoning the property simultaneously with submission of the petition for annexation, but no such annexation application may be made conditioned upon the approval of any particular zoning classification.


II. ZONING PROCEDURES & ADMINISTRATION

Section 2.1: Nonconforming Uses and Structures

A. Intent of Provisions:

1. Within the districts established by this Ordinance or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this Ordinance was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this Ordinance to permit such nonconforming uses to continue, as long as the conditions within this Section and other applicable sections of the Ordinance are met.

2. Nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district, except as otherwise provided herein.

3. Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

4. Other than in the case of a fire or natural disaster in Districts I and III, the owner of a manufactured home may remove the manufactured home from its location and place another manufactured home on the same property, provided that the replacement is a manufactured home of not more than ten (10) years old and the new manufactured home is at least 1000 square feet. If a manufactured home is removed in District II it shall be replaced with a brick or wood home as specified in this ordinance.

B. Nonconforming Status:

1. Any use, platted lot or structure which does not conform with the regulations of this zoning ordinance on the effective date hereof or any amendment hereto, except as expressly provided in Subsection 3 below, shall be deemed a non-conforming use, lot or structure provided that:

a. Such use, platted lot or structure was in lawful existence prior to this zoning ordinance; or

b. Such use, platted lot or structure was in existence at the time of annexation to the City, was a legal use of the land at such time, and has been in regular and continuous use since such time.

2. Any other use, platted lot, or structure which does not conform with the regulations of the zoning district in which it is located on the effective date of this ordinance or any amendment thereto, and except as provided in Subsection 3 below, shall be deemed to be in violation of this ordinance, and the City shall be entitled to enforce fully the terms of this ordinance with respect to such use, platted lot, or structure.

C. Continuing Lawful Use of Land and Structures:

1. A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it annexed.

2. A nonconforming structure occupied by a nonconforming use may be re-occupied by a conforming use, following abandonment of the nonconforming use.

D. Abandonment of Nonconforming Uses:

1. If a nonconforming use is abandoned, any future use of the premises shall be in conformity with the provisions of this Ordinance, as amended, prior to the time the use was abandoned.

2. A nonconforming use shall be deemed abandoned in the following circumstances:

3. The use ceases to operate for a continuous period of six (6) months;

4. Where the use occupies a structure, the structure remains vacant for a continuous period of six (6) months; or

5. In the case of a temporary use, the use is moved from the premises.

E. Changing Nonconforming Uses:

1. A nonconforming use shall not be changed to another nonconforming use.

2. A nonconforming use may be changed to a conforming use; provided that, once such change is made, the use shall not be changed back to a nonconforming use.

3. A conforming use located in a non-conforming structure may be changed to another conforming use.

F. Expansion of Nonconforming Uses and Structures:

1. A nonconforming use may be extended throughout the structure in which it is located, provided that:

a. No alteration shall be made to the structure occupied by the nonconforming use, except those required by law to preserve the integrity of the structure; and

b. The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming.

2. A non-conforming use occupying a structure shall not be extended to occupy land outside the structure.

3. A nonconforming use shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use became nonconforming, except to provide additional off-street parking or loading areas required by the zoning ordinance.

G. Restoration of Nonconforming Structure:

1. If more than fifty percent (50%) of the total appraised value of a nonconforming structure, as determined from the records of the Tyler County Appraisal District, has been destroyed, it may be rebuilt only in conformity with the standards of this ordinance.

2. If less than fifty percent (50%) of the total appraised value of a nonconforming structure is destroyed, it may be reconstructed to its original dimensions.

3. If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use, the nonconforming use may be re- established subject to the limitations on expansion set forth in this Section.

H. Right to Proceed Preserved: Nothing contained in this Section 2.1 is intended to alter any rights that may have accrued to proceed under prior regulations, pursuant to Texas Local Government Code Section 43.002, or Sections 245.001 to 245.006.

Section 2.2: Planning & Zoning Commission

A. General:

1. The Planning and Zoning Commission (also referred to as the “Commission”) shall function according to the following criteria that establish membership and operating procedures. A background check on any person nominated to serve on the “Commission” must sign an authorization to have this background conducted. No person with any felony, misdemeanor or deferred adjudication will be allowed to serve.

B. Created; Membership; Officers; Rules & Bylaws:

1. There is created, in accordance with Chapter 211 of the Texas Local Government Code, the “Planning and Zoning Commission”, hereafter sometimes referred to as the “Commission”, which shall consist of five (5) people residing within the City of or in the City’s ETJ. All members of the Commission must reside within the City of Ivanhoe.

2. Members shall be nominated by the Council Person of the City of Ivanhoe, and each person so nominated must be approved by a simple majority vote of the City Council before being appointed as a member of the Commission.

3. All appointments to the Commission shall serve as a member of the Commission for a term of office of three (3) years, except as noted below. Members may be reappointed with no limitation on the number of terms one member may serve. Upon adoption of this ordinance, the City Council shall appoint two (2) members to two (2) year terms, and three (3) members to three (3) year terms. After the initial terms expire, all members shall serve three (3) year terms.

4. Any vacancy(s) on the Commission shall be filled via appointment by a simple majority vote of the City Council.

5. Members of the Planning and Zoning Commission may be removed from office at any time by a simple majority vote of the full City Council either upon its own motion or upon recommendation of the Planning and Zoning Commission. A letter of reprimand shall be issued to the member after they have missed two 2 consecutive meetings stating that failure to miss one more will be grounds for dismissal. Failure to attend three (3) consecutive scheduled meetings shall be deemed as neglect and cause for removal from office, unless such absences were due to unusual circumstances beyond the member’s control such as sickness of the member or someone within the member's immediate family. A vote to remove a Commission member shall be placed on the appropriate agenda as a regular item, and shall be voted upon accordingly.

6. The members of the Commission shall regularly attend meetings and public hearings of the Commission, shall serve without compensation, and shall not hold any other office within, or serve as an employee of, the City while serving on the Commission. The Commission shall meet a minimum of once per month at a time established by the City Council. If there have been no applications filed for review by the Commission, the City Secretary shall notify the Chairman and no meeting shall be required for that month.

7. The City Council shall appoint a Chairperson and a Vice- Chairperson from among the Commission membership, and each officer shall hold office for one (1) year or until replaced by a simple majority vote of the full City Council. The Mayor/City Administrator’s designee shall serve as Secretary to the Commission, and shall keep minutes of all meetings held by the Commission as well as the full record of all recommendations made by the Commission to the City Council.

8. The Commission shall have the power to make rules, regulations and bylaws for its own governance, which shall conform with those set forth by the City Council, and such rules, regulations and bylaws shall be subject to approval by the City Council. Such rules and bylaws shall include, among other items, provisions for the following:

a. Regular and special meetings, open to the public;

b. A record of its proceedings, to be open for inspection by the public;

c. Reporting to the City Council and the public, from time to time and annually; and

d. Reviewing the Comprehensive Plan on a regular basis.

C. Parliamentary Procedure; Quorum; Voting:

1. The Commission will follow Robert’s Rule of Order, and procedures shall not be in conflict with the laws applicable to the Commission on the following:

a. Quorum -A quorum shall consist of a majority of the membership of the Commission, and any issue to be voted upon shall be resolved by a majority of those members present.

b. Voting -All Commission members shall be entitled to one vote each upon any question, a quorum being present. The Chairperson shall vote only to break a tie. Voting procedures shall be in accordance with the Robert’s Rule of Order but shall not be in conflict with those adopted by the City Council.

c. Conflict of Interest -If any member has a conflict of interest regarding any item on the Commission's agenda, that member shall remove himself or herself from the room and shall refrain from voting only on the item for which a conflict exists. Refer to Chapter 171 of the Texas Local Government Code and any applicable City ethics policies or regulations.

D. Meetings; Public Record:

1. The Planning and Zoning Commission shall meet in the Civic Center or in some other specified location as may be designated by the presiding Chairperson, and at such intervals as may be necessary to orderly and properly transact the business of the Commission but not less than once each month.

2. Meetings shall be conducted in accordance with the Open Meetings Law (refer to Chapter 551 of the Texas Government Code).

E. Establishing Extraterritorial Jurisdiction:

1. Statutes of the State of Texas authorizing and empowering cities to

regulate the platting and recording of subdivisions or additions within the City’s corporate limits and establishing extraterritorial jurisdiction are hereby adopted, and the Commission, acting through its duly authorized officials, shall have all the rights, powers, privileges and authority authorized and granted by and through said statutes pertaining to regulation of subdivisions in the City limits and extraterritorial jurisdiction.

F. Powers and Duties:

1. The Commission shall have all the rights, powers, privileges and authority authorized and granted by the City Council and through the Statutes of the State of Texas authorizing and granting cities the power of zoning and subdivision regulation as found in Chapter 211 and 212 of the Texas Local Government Code, as amended from time to time.

2. The Commission shall be an advisory body and adjunct to the City Council, and shall make recommendations regarding amendments to the Comprehensive Plan, changes of zoning, zoning ordinance amendments, and zoning to be given to newly annexed areas, and shall make recommendations regarding the approval of plats of subdivisions as may be submitted to it for review and other planning related matters. The Commission shall conduct an annual review of the City's Comprehensive Plan and shall be prepared to make recommendations to the City Council as deemed necessary to keep the City's Comprehensive Plan current with changing conditions and trends and with the planning needs of the City. The Commission shall also serve in an advisory capacity on any planning related item(s) in the City.

G. Procedure on Zoning Hearings:

1. The procedure and process for zoning changes or amendments shall be in accordance with Section 2.4 of the Zoning Ordinance of the City of Ivanhoe.

H. Joint Meetings with the City Council:

1. Whenever the City Council and the Commission are required by the laws of the State of Texas to conduct public hearings in matters pertaining to planning, zoning or subdividing property, and at other times when it is in the best interest of the City to do so, the City

Council and the Commission are hereby authorized, after published notice as required by law, to hold joint meetings and to conduct joint public hearings.

Section 2.3: Zoning Board of Adjustments

A. Creation:

1. There is hereby created a Zoning Board of Adjustments, hereafter referred to as the “ZBA”, for the purpose, in appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to the terms of this Ordinance that are consistent with the general purpose and intent of this Ordinance. The ZBA may be composed of the members of the City Council of the City of as authorized by Chapter 211.008(g) of the Local Government Code.

B. Members; Terms of Office:

1. The Zoning Board of Adjustments may consist of members of the City Council, and shall operate in accordance with Sections 211.008 through 211.011 of the Texas Local Government Code, as amended. The City Council may also choose by a simple majority vote to appoint Zoning Board of Adjustments members.

2. If appointed, the ZBA shall consist of seven (7) people residing within the City of or in the City’s ETJ. All members of the ZBA must reside within the City of Ivanhoe.

3. Each person nominated by the City Council to be a ZBA member must be approved by a simple majority vote of the City Council before being appointed as a member of the Commission.

4. All appointments to the ZBA shall serve as a member for a term of office of two (2) years. Members may be reappointed with no limitation on the number of terms one member may serve. Upon adoption of this ordinance, the City Council shall act as the ZBA, or shall vote to appoint members, in which case, three (3) members shall be appointed to one (1) year terms, and four (4) members to two (2) year terms. After the initial terms expire, all members shall serve two (2) year terms.

5. The Zoning Board of Adjustments shall elect a Chairperson and a Vice- Chairperson from among its membership, and each officer shall hold office until replaced by a simple majority vote of the full ZBA. The Mayor/City Administrator’s designee shall serve as Secretary to the Zoning Board of Adjustments, and shall keep minutes of all meetings held by the Board.

6. The Zoning Board of Adjustments shall have the power to make the rules, regulations and bylaws for its own government.

C. Meetings:

1. Meetings of the Zoning Board of Adjustments shall be held at the call of the Chairperson or Secretary and at such other times as the ZBA may determine. All meetings of the ZBA shall be open to the public.

2. When meeting as the Zoning Board of Adjustments, the ZBA cannot function as the City Council. Zoning Board of Adjustments hearings must be separate from City Council hearings.

D. Authority of Zoning Board of Adjustments:

1. The Board of Adjustments shall have the authority, granted in Sections 211.008 through 211.011 of the Texas Local Government Code and those established herein, to exercise powers and to perform duties including the following:

a. Hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this Ordinance;

b. Authorize, in specific cases, a variance from the terms of this Ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the Ordinance would result in unnecessary hardship, and so that the spirit of this Ordinance is observed and substantial justice is done;

c. In exercising its authority under Subsection 1 above, the Zoning Board of Adjustments may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the Board has the same authority as the administrative official;

d. The concurring vote of at least seventy-five percent (75%) of the full Zoning Board of Adjustments is necessary to:

(1) Reverse an order, requirement, decision or determination of an administrative official;

(2) Decide in favor of an applicant on a matter on which the Board is required to review under this Zoning Ordinance;

(3) Authorize a variance from the terms of this Zoning Ordinance; or

(4) Hear and decide special exceptions to this Zoning Ordinance.

E. Limitations on Authority of Zoning Board of Adjustments:

1. The Zoning Board of Adjustments may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought, except as provided in Section 2.3.F below.

2. The Zoning Board of Adjustments shall have no power to grant or modify Conditional Use Permits authorized under Section 3.17 of these regulations.

3. The Zoning Board of Adjustments shall have no power to grant a zoning amendment. In the event that a written request for a zoning amendment is pending before the Planning and Zoning Commission or the Board of Aldermen, the Zoning Board of Adjustments shall neither hear nor grant any variances with respect to the subject property until final disposition of the zoning amendment.

4. The Zoning Board of Adjustments shall not grant a variance for any parcel of property or portion thereof upon which a site plan, construction plat, or final plat, where required, is pending on the

agenda of the Commission and, where applicable, by the City Council. All administrative and procedural remedies available to the applicant shall have been exhausted prior to hearing by the Zoning Board of Adjustments.

F. Variances:

1. The Zoning Board of Adjustments may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Board shall prescribe only conditions that it deems necessary for, or desirable to, the public interest. In making the findings herein below required, the Board shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work within the proposed use, and the probable effect such variance will have upon traffic conditions and upon the public health, safety, convenience and welfare of the community.

2. Conditions Required for Variance:

a. No variance shall be granted without first having given public notice and having held a public hearing on the written variance request in accordance with this Ordinance and unless the Zoning Board of Adjustments finds:

(1) That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of the land; and

(2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and

(3) That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area; and

(4) That the granting of the variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this Ordinance.

b. Such findings of the Zoning Board of Adjustments, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Zoning Board of Adjustments meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this Ordinance so that the public health, safety and welfare may be secured and that substantial justice may be done.

3. Findings of Undue Hardship:

a. In order to grant a variance, the Zoning Board of Adjustments must make written findings that an undue hardship exists, using the following criteria:

1) That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property; and

(2) That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district; and

(3) That the relief sought will not injure the permitted use of adjacent conforming property; and

(4) That the granting of a variance will be in harmony with the spirit and purpose of these regulations.

b. A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely upon economic gain or loss, nor shall it permit any person the privilege of developing a parcel of land not permitted by this Ordinance to other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship upon another parcel of land.

c. The applicant bears the burden of proof in establishing the facts that may justify a variance.

4. Special Exceptions for Nonconforming Uses and Structures: Upon written request of the property owner, the Zoning Board of Adjustments may grant special exceptions to the provisions of Section 2.3, limited to the following, and in accordance with the following standards:

a. Expansion of a nonconforming use within an existing structure provided that, in the case of a nonconforming residential use, such expansion does not increase the number of dwelling units to more than the number existing when the use first became nonconforming; or

b. Expansion of the gross floor area of a nonconforming structure provided that such expansion does not decrease any existing setback.

c. Change from one nonconforming use to another, re-construction of a nonconforming structure that has been totally destroyed, or resumption of a nonconforming use previously abandoned, only upon finding that the failure to grant the special exception deprives the property owner of substantially all use or economic value of the land.

d. In granting special exceptions under this Section 2.3, the ZBA may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including but not limited to conditions specifying the period during which the nonconforming use may continue to operate or exist before being conformed to the standards of the zoning ordinance.

G. Appeals to the Zoning Board of Adjustments:

1. The appellant must file with the Zoning Board of Adjustments and the official from whom the appeal is taken a written notice of appeal specifying the grounds for the appeal. The appeal must be filed within sixty (60) days after the decision has been rendered. Upon receiving the notice, the official from whom the appeal is taken shall immediately transmit to the Zoning Board of Adjustments all papers constituting the record of action that is appealed. An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the Zoning Board of Adjustments facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings

may be stayed only by a restraining order granted by the Zoning Board of Adjustments or a court of record on application, after notice to the official, if due cause is shown. The appellant party may appear at the appeal hearing in person or by agent or attorney. The Zoning Board of

Adjustments shall decide the appeal within four (4) weeks after the written request (notice of appeal) was received, after which time the written request shall be deemed automatically approved if no formal action is taken. The Zoning Board of Adjustments may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken, and may make the correct order, requirement, decision or determination.

2. A member or members of the Zoning Board of Adjustments may not bring an appeal on behalf of a property owner other than himself/herself to the Zoning Board of Adjustments. An appeal must be requested by the owner of the property being considered.

H. Procedures:

1. Application and Fee: An application for a variance by the Zoning Board of Adjustments shall be made in writing using forms prescribed by the City, and shall be accompanied by an application fee, a site plan and such additional information as may be requested in writing in order to properly review the application. Such information may include, but is not limited to, plat plans, site building plans, photographs, topographic contour maps, and other similar documents. All drawings must be to scale.

2. Review and Report by the City: The Mayor/City Administrator or their designee, shall visit the site where the proposed variance will apply and the surrounding area, and shall report their findings to the Zoning Board of Adjustments.

3. Notice and Public Hearings: The Zoning Board of Adjustments shall hold a public hearing for consideration of the written variance request no later than forty-five (45) days after the date the application for action, or an appeal, is filed. Notice of the public hearing shall be provided to all property owners within two hundred feet (200') of the affected property at least ten (10) days prior to the public hearing, and also published in the official local newspaper at least ten (10) days prior to the public hearing.

4. Action by the Zoning Board of Adjustments: The Zoning Board of Adjustments shall not grant a variance unless it finds, based upon evidence, that each of the conditions in Section 2.3.F has been established. The Zoning Board of Adjustments may impose such conditions, limitations and safeguards as it deems appropriate upon the granting of any variance. Violation of any such condition, limitation or safeguard shall constitute a violation of this Ordinance.

I. Finality of Decisions; Judicial Review:

1. All decisions of the Zoning Board of Adjustments are final and binding. However, any person aggrieved by a decision of the Zoning Board of Adjustments may present a verified petition to a court of record which states that the decision of the Zoning Board of Adjustments is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition must be presented within ten (10) days after the date the decision is filed in the City Secretary's office. Subject to the provisions of Chapter 211.011 of the Texas Local Government Code, only a court of record may reverse, affirm or modify a decision of the Zoning Board of Adjustments.

Section 2.4: Changes and Amendments to Zoning Ordinances and Districts, and Administrative Procedures

A. Declaration of Policy and Review Criteria:

1. The City declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:

a. To correct any error in the regulations or map;

b. To recognize changed or changing conditions or circumstances in a particular locality;

c. To recognize changes in technology, the style of living, or manner of conducting business;

d. To change the property to uses in accordance with the approved Comprehensive Plan; or

e. To make changes in order to implement policies within the Comprehensive Plan

2. In making a determination regarding a written requested zoning change, the Commission and the City Council shall consider the following factors:

a. Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole;

b. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;

c. The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unavailable for development;

d. The recent rate at which land is being developed in the same zoning classification as the written request, particularly in the vicinity of the proposed change;

e. How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved; and

f. Any other factors which will substantially affect the public health, safety, morals, or general welfare.

B. Authority to Amend Ordinance:

1. The City Council may from time to time, after receiving a final report thereon by the Commission and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the Zoning District Map. Any Ordinance regulations or zoning district boundary amendment may be

requested by the City Council, the Commission, or, in writing by the owner of real property, or the authorized representative of an owner of real property. Upon such request, the item(s) shall be posted on the next Commission agenda after proper application and notification has been made.

2. Consideration for a change in any district boundary line or special zoning regulation may be initiated only by the property owner or his or her authorized agent or by the Commission or the City Council on its own motion when it finds that public benefit will be derived from

consideration of such matter. Proof of authorization by the property owner must be submitted with the zoning application. In the event the ownership stated on an application and that shown in City records are different, the applicant shall submit proof of ownership or verification that he or she is acting as an authorized agent for the property owner.

C. Application:

1. Each application for zoning or for an amendment or change to the existing provisions of this Zoning Ordinance shall be made in writing on an application form available at the City in the office of the City Secretary, filed with the City, and shall be accompanied by payment of

the appropriate fee. The application shall also be accompanied by additional information materials, such as plans, maps, exhibits, legal description of property, architectural elevations, information about proposed uses, as deemed necessary by the Mayor/City Administrator or

their designee, in order to ensure that the written request is understood. A concept plan shall be submitted as prescribed in Section 2.6 of this Ordinance, along with any zoning request involving the formation of a Planned Development District.

2. All zoning change requests shall be accompanied by a notarized statement verifying land ownership and, if applicable, authorization of a land owner’s agent to file the change request.

3. Official Submission Date and Completeness of Application:

a. For the purpose of these regulations, the “official submission date” shall be the date upon which a complete application for a zoning change request, that contains all elements and information required by this Ordinance, is first submitted to the Mayor/City

Administrator or their designee. No application shall be deemed officially submitted until the Mayor/City Administrator or their designee determines that the application is complete and a fee receipt is issued by the City. Failure by the Mayor/City

Administrator or their designee to make a determination of incompleteness within fifteen (15) calendar days following the date on which the application was first received by the City, shall result in the application being deemed complete, and the “official

submission date” shall become the 16th calendar day following initial receipt of the application by the City.

b. Zoning change request applications which do not include all required information and materials will be considered incomplete, shall not be accepted for official submission by the City, and shall not be scheduled on a Commission agenda until the proper information is provided to City staff.

D. Public Hearing and Notice:

1. For zoning or rezoning requests involving real property, the Commission shall hold at least one public hearing on each zoning application. For proposed changes to zoning district boundaries including rezoning requests, notice of the Commission hearing shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the City before the 15th day before the date of the hearing date of the public hearing. Written notice of the public hearing to occur before the Planning and Zoning Commission shall also be sent to all owners of property, as indicated by the most recently approved City tax roll, that is located within the area of application and within two hundred feet (200') of any property affected thereby, said written notice to be sent before the 10th day before the hearing date. Such notice may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, with first class postage paid, in the United States mail.

2. For requests involving proposed changes to the text of the Zoning Ordinance, notice of the Commission hearing shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the City not less than fifteen (15) days prior to the date of the public hearing. Changes in the Ordinance text which do not change zoning district boundaries, do not establish zoning regulations for specific districts, or do not involve specific real property, do not require written notification to individual property owners.

3. The City may, at its option, establish additional rules and procedures for public notification of proposed zoning changes or development proposals such as site plans, plats and developer agreements, which may include, but not be limited to, the posting of a sign(s) on any property that is proposed for a zoning change or development by the applicant or its agent(s). Adherence to such rules and procedures, if so established by the City, shall be the responsibility of the applicant and shall be required as part of a zoning change or development application.

4. Parliamentary procedures shall be established by the Board of Aldermen.

E. Failure to Appear:

1. Failure of the applicant or representative to appear before the Commission or the City Council for more than one hearing without an approved delay by the Mayor/City Administrator or their designee, shall constitute sufficient grounds for the Planning and Zoning Commission or the City Council to table or deny the application unless the City is

notified in writing by the applicant at least seventy-two (72) hours prior to the hearing.

F. Planning & Zoning Commission Consideration and Recommendation:

1. The Commission shall function in accordance with Section 2.2 of this Ordinance and with applicable provisions in the City’s Code of Ordinances.

2. The Commission shall hold a public hearing on a zoning or rezoning request, and/or a proposed text amendment to the Zoning Ordinance. After all public input has been received and the public hearing closed, the Commission shall make its recommendations on the proposed zoning request

and concept plan, if submitted, stating its findings, its overall evaluation of the request, and its assessment regarding how the request relates to the City’s Comprehensive Plan. The Commission may, on its own motion or at the applicant’s request, defer its decision recommendations until it has had an opportunity to consider other information or proposed

modifications to the request which may have a direct bearing thereon. If the Commission elects to table the request, such tabling shall specifically state the time period of the tabling by citing the meeting date whereon the request will reappear on the Commission’s agenda.

3. When the Commission is ready to act upon the zoning request, it may recommend approval of the request as it was submitted by the applicant, approval of the request subject to certain conditions as in the case of a Planned Development district or a Conditional Use Permit, or disapproval

of the request. If the Commission’s recommendation is to approve the request either as submitted or with additional conditions, then the request will be automatically forwarded to the City Council for a second public hearing thereon.

4. If the Commission recommends denial of the zoning change request, it shall provide reasons to the applicant for the denial, if requested by the applicant. The Commission Chairperson shall inform the applicant of the right to receive reasons for the denial.

G. City Council Consideration:

1. Applications Forwarded from the Planning and Zoning Commission to the City Council: Every application or proposal which is recommended for approval or approval with conditions, by the Commission shall be automatically forwarded, along with the Commission’s recommendation to the City Council for setting and holding of public hearing thereon

following appropriate public hearing notification as prescribed in Section 2.4.D. The City Council may then approve the request, approve it with conditions, or disapprove it by a simple majority vote of the Board members present and voting.

a. An application which is recommended by the Commission for denial shall not be forwarded to the City Council unless the applicant files a written appeal with the City Secretary within ten (10) days after the Commission’s decision. Said appeal will, in that instance, be forwarded to the City Council along with the Commission’s reasons for denial of the request. The appeal shall be scheduled for the next possible City Council agenda, following appropriate public notification as prescribed in Section 2.4.D. Ultimate approval of the request will require a three-fourths (3/4) majority vote of all members of the City Council. No zoning change shall become effective until after the adoption of an ordinance for same.

2. City Council Action on Zoning, Rezoning and Text Amendment Requests: After a public hearing is held before the City Council regarding the zoning application, the City Council may approve the request in whole or in part, deny the request in whole or in part, table the application to a future meeting, specifically citing the Board of Aldermen meeting to which it was tabled, or it may refer the application back to the Commission for further study.

a. If the City Council approves the request, then Section 2.4.G.4 will apply.

b. If the City Council denies the request, then no other zoning application may be filed for all or part of the subject tract of land, or for that portion of the Zoning Ordinance, for a waiting period of one (1) year following the denial, or in the case of a text amendment request submitted by a property owner or citizen, for a waiting period of three (3) months following the denial. In the instance that the request was initiated by the

City Council and involved a proposed amendment to the text of the Zoning Ordinance, then there is no waiting period before the request can be reconsidered.

c. The City Council may, at its option, waive the one-year period if, after due consideration of the matter at a scheduled and posted meeting, it is determined that denial of the request was based upon erroneous or omitted information, or if substantial new information pertaining to the request is discovered.

3. Protests: For zoning requests involving real property, a favorable vote of three fourths (3/4) of all members of the City Council shall be required to approve any change in zoning when written objections are received from twenty percent (20%) or more of the land area covered by

the proposed change, or the land area within two hundred feet (200’) of the subject property, in compliance with the provisions of Section 211.006 of the Texas Local Government Code. If a protest against such proposed amendment, supplement or change has been filed with the City

Secretary, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the area of the land included in such a proposed change or those immediately adjacent to the area thereof extending two hundred feet (200’) there from, such amendments shall not become

effective except by a three-fourths (3/4) vote of all members of the City Council.

4. Final Approval and Ordinance Adoption: Upon approval of the zoning by the City Council, the applicant shall submit all related material with revisions, if necessary, to the Mayor/City Administrator or their designee for the preparation of the amending ordinance. The zoning request shall be deemed approved at the time the City Council makes a decision to approve the request as submitted or with certain conditions. However, the amending ordinance will not be prepared or formally adopted until a correct description and all required exhibits have been submitted to the Mayor/City Administrator or their designee.

Section 2.5: Certificates of Occupancy and Compliance

A. Certificates of Occupancy shall be required for any of the following:

1. Occupancy and use of a nonresidential building hereafter erected or structurally altered as described in Section 2.5.B below.

2. Change in use of an existing building to a use of a different classification

3. Change in the use of land to a use of a different classification

4. Occupancy and use of a rehabilitated or reconstructed residential structure that was previously damaged by at least forty percent (40%) of the structure's appraised value by fire or natural disaster.

No such use, or change of use, shall take place until a Certificate of Occupancy has been issued by the City.

B. Procedure for New or Altered Buildings:

1. Written application for a Certificate of Occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the Building Permit for such building.

2. Said Certificate shall be issued after the building or structure has been inspected and no violations of the provisions of this Ordinance or other City regulations have been found. Said Certificate shall be issued by the Architecture Control Committee after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this Ordinance.

C. Procedure for Vacant Land or a Change in Building Use:

1. Written application for a Certificate of Occupancy for the use of vacant land, a change in the use of land or a change in the use of a building, or for a change from a nonconforming use to a conforming use, shall be made to the City.

2. If the proposed use is a conforming use, as herein provided, written application shall be made to the City. If the proposed use is found to be in conformity with the provisions of this Ordinance, the Certificate of Occupancy shall be issued after the application for same has been made and all required inspections are completed and approved by the City.

D. Contents: Every Certificate of Occupancy shall contain the following:

1. A building permit number;

2. The address of the building;

3. The name and address of the owner;

4. A description of that portion of the building for which the Certificate is issued;

5. A statement that the described portion of the building has been inspected for compliance with the requirements of the City’s Building Codes for the particular group and division of occupancy;

6. Use(s) allowed;

7. Maximum number of occupants;

8. The issue date of the Certificate of Occupancy, and

9. The zoning district in which the building is located.

E. Posting: The Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the City.

Section 2.6 Dangerous Structures Defined

All vacant structures, dwellings, and accessory structures which have any or all of the following defects shall be deemed dangerous structures

A) Buildings or structures whose walls or other vertical structural members list, lean, or buckle in excess of three-fourths (3/4”) inch of horizontal measurement for each one (1’) foot of vertical measurement

B) Buildings or structures which show thirty-three (33) percent or more damage or deterioration of the supporting members, or fifty (50) percent or more damage or deterioration of the non-supporting or outside walls or covering

C) Buildings or structures which have parts thereof which are so attached that they may fall or injure members of the public or property

D) Buildings or structures which, by reason of dilapidated or deteriorated conditions, have unsafe or defective electrical wiring devices or equipment, unsafe or defective gas piping, or appliances which are liable to cause or promote fires

E) Buildings or structures which have been damaged by fire, explosion, wind, vandalism, or elements of nature so as to have become dangerous to the life, safety, or the general health and welfare of the occupants thereof or inhabitants of the city

F) Those buildings or structures which have become so dilapidated, decayed, unsafe, unsanitary, or which utterly fail to provide amenities essential to decent living such that they are unfit for human habitation or likely to cause sickness or disease so as to work injury to the health, safety, or general welfare of those living thereabout

Section 2.7 Dangerous buildings declared nuisances

All “Dangerous Buildings” as defined by Section 2.6 are hereby declared to be public nuisances and shall be repaired, removed, or demolished as hereinafter provided

Section 2.8 Standard for Repair or Demolition

The following standards shall be followed in substance by the building official or designated enforcing officer and the city council in ordering repair or demolition of a “Dangerous Building” within the terms of section 2.6

1) If, after inspection by the building official or designated enforcing officer and a determination is made that the building is a dangerous structure, the building official or designated enforcing officer shall tag the structure and the owner shall be ordered by a certified letter sent to the owner’s address of record to contact the building official or designated enforcing officer within fifteen (15) days from the date of said letter. The owner shall be ordered, by letter, to enroll in an official work program to repair the structure or demolish said structure within thirty (30) days

2) If a permit to repair or demolish said structure is not obtained from the city and repairs or demolition are not completed within forty five (45) days of the date of the letter provided for in subsection (1) above, the building official or designated enforcing officer shall give notice, by letter, to the owner of said structure to appear before the city council to show cause why said structure should not be demolished and at the cost of the owner. Building permits issued to repair a structure under an official work program shall have the same expiration date as the work program

3) If a structure is to be repaired such that it is no longer a “Dangerous Structure” under the terms of this article, said structure shall be brought into compliance with the provisions of the current International Property Maintenance Code adopted by the city. Repairs to such structures shall be completed and a certificate of occupancy issued within a period not exceeding one hundred fifty (150) days from the date of initiating a work program. Failure to obtain substantial completion, as defined in the work program, within ninety (90) days from the date of initiating said program or failure to obtain a certificate of occupancy within the one hundred fifty (150) day period, the structure may be brought before the city council for a condemnation order without further notice to the owner. Owners who initiate a work program hereunder shall agree that unless the structure is brought into compliance with the city’s current International Property Maintenance Code it may be immediately brought before city council for a condemnation order without further notice

4) Any vacant structure found to be a “Dangerous Structure” as defined herein or substandard under subsection 3 shall be posted as provided in section 2.6 to prevent occupancy. It shall be unlawful for any person to occupy a structure that has been tagged as a “Dangerous Structure” in accordance with this section

5) All notices, as provided herein, shall be served by delivering same to the owner or agent in person, or by mailing the same by certified letter, to the address of record or business address, if known, of such owner or agent, or by posting the same in a prominent place upon such building or structure

6) If, upon hearing, the city council finds that the building or structure is in violation of section 2.6 hereof, the city council may, in its’ discretion, stipulate at said hearing. Such owner or agent shall forthwith comply with said order of the city council, and any owner or agent of such building or structure failing to comply with such order within the time therein stipulated shall be deemed guilty of a misdemeanor and punished as provided in this Code

7) If any such building or structure condemned by the order of the city council, as provided herein, is not razed or repaired within the time and under the condition specified in such order, the city council may, at its’ discretion, proceed to have the same razed and charge the actual expense to the owner of the real estate or lot as shown on the tax roll. A statement of expenses incurred by the city in the demolition and removal of such building or structure under this section shall be mailed to the property owner shown on the tax roll at the time of service. The statement of expense shall, in addition to giving the amount of such expense, provide the date upon which such work was done, and description of the lot or premises upon which such work was done. Payment is due and is considered delinquent if not received by the city within thirty (30) days. If payment is not made within ninety (90) days, the city’s authorized agent is hereby authorized to charge such costs and expenses as a lien against the property upon which such building or structure is situated, and upon all other property situated in the city belonging to the owner of such building or structure.

Section 2.9 Abatement of building or structures constituting a

clear and present danger to the public safety

Notwithstanding all other provisions of this article, nothing herein shall be deemed a limitation on the duty of the city to summarily order the demolition of any vacant building or structure where it is apparent that the immediate demolition of such building or structure is necessary for the preservation of life and property in the city.

Section 2.10 Enforcing officer – Powers and Duties

The building official or his or her designee, hereinafter referred to as “enforcing officer”, is charged with the duty of enforcing this article

a) Neither the enforcing officer nor any employee of his division shall be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building or in the making of plans and specifications therefore for a profit unless such person is the owner of such structure

b) Neither the enforcing officer nor any employee of his division shall engage in any work which is in conflict with his duties or the interest of the department

c) The enforcing officer shall enforce this article in the following manner:

1) The enforcing officer shall inspect or cause to be inspected, when necessary, all buildings or structures of any kind which are unoccupied or apparently abandoned, for the purpose of determining whether any condition exists which renders such place a “Dangerous Structure” within the terms of section 2.6

2) The enforcing officer shall inspect any building or structure about which complaints are filed by any person to the effect that a building, wall, or structure is or may be existing in violation of this article

3) The enforcing officer shall notify in writing, by certified mail, the owner and/or all persons having an interest, as shown by the tax rolls of the city, in any building found by the enforcing officer to be a “Dangerous Structure” within the standards set forth in section 2.6. Said notice shall state (1) a description of the building or structure, (2) a statement of the particulars which make the building or structure a “Dangerous Structure”, (3) that the owner must repair or demolish said building or structure, (4) that any person notified under this subsection to repair or demolish any building or structure shall be given reasonable time, as provided in this Plan, to do or have done the work required by the notice; and (5) that the owner of said structure shall appear before the city council to show cause why said structure should not be repaired, removed, or demolished

(4) The enforcing officer shall also file a notice of declaration of dangerous structure in the deed records of Tyler County, Texas. Such notice will provide lawful notice to any proposed purchaser of the property that the structure thereon has been declared a dangerous structure, may not be lawfully occupied, is subject to demolition and may be eligible for building permits necessary to rehabilitate the structure

Section 2.11 Assistance by other departments

The enforcement officer is to seek the assistance of the fire department and the Sheriff’s office in order to effectively enforce the terms of this article, and said departments are to assist the enforcing officer in any way possible in said enforcement

Section 2.12 No utilities to vacant dwellings

No water, gas service, or electricity shall be provided to any dwelling unit found to be substandard which is or becomes vacant until such dwelling unit has been brought into compliance with the provisions of this article

Section 2.13 Notices

All notices provided for herein shall be deemed sufficient if sent by United States mail, return receipt requested, to the last known address of the occupant, owner, or persons having an interest in a structure as required above and if a copy of such notice is posted in a conspicuous place on the substandard building or dwelling unit to which it relates

Section 2.14 Securing of unoccupied buildings

1) PURPOSE. An owner or person in control of an unoccupied building shall insure that the building is in such condition that an unauthorized person cannot enter into it through missing or unlocked doors or windows, or through other openings into the building. The city of Ivanhoe may secure unoccupied, unsecured structures after the owner(s) fail to do so after reasonable notice. A lien may be filed on the structures to assure recovery of the cost of securing

2) DEFINITIONS. An unsecured unoccupied building is hereby defined to be any structure that currently has no legitimate occupant or tenant and which has missing or unlocked doors or windows, or other unsecured openings into the building through which unauthorized persons can enter. Any unoccupied, unsecured building is hereby declared to be a danger to the public health and safety

3) NOTICE. Whenever it is found that an unoccupied building is in such condition that an unauthorized person can enter it through missing or unlocked doors or windows or other openings, the city shall cause a written notice or “Notice to Secure” to be given to the owner of the property as such owner appears on the tax rolls of the City of Ivanhoe or to the person having the control over the property. Such notice shall be in writing and shall be given by depositing the notice in the United States mail addressed to the owner at the owner’s post office address. If personal service cannot be obtained and the owner’s post office address is unknown, notice may be given by publishing such notice at least twice within a ten day period in a newspaper of general circulation in Tyler County, Texas. If personal service cannot be obtained and the owner’s post office address is unknown, notice may be obtained by posting the notice on or near the front door of the building. The notice must contain the following information:

(a) An identification which is not required to be a legal description of the building and property on which it is located

(b) The description of the violation of the municipal standards that are present at the building

(c) A statement that the municipality may secure the building within thirty (30) days of the date of notice; and

(d) An explanation that the owner is entitled to request a hearing within such thirty (30) day period concerning any matter relating to the municipality’s proposed securing of the building

4) COMPLIANCE. Compliance with the provisions concerning the securing of unoccupied structures does not relieve the owner or occupant of the structure from the requirement to comply with other provisions of the dangerous structures ordinance

5) APPEAL. If the owner requests a hearing about the structure, the municipality shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the proposed securing of the building by the city. The hearing shall be conducted within twenty (20) days after the day the owner files a written request for such hearing. The hearing shall be before a hearing officer designated by the city manager for such purpose

6) OFFENSES. An owner who fails to timely comply with a notice to secure as set out herein shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two thousand dollars ($2,000.00). Each day’s failure to comply after the expiration of the notice period shall constitute a separate offense

7) FAILURE to COMPLY. If the owner fails to comply with a notice to secure, the city may order the boarding up of all openings so as to prevent entry or the reasonable securing of the structure by any other reasonable fashion and may assess the expenses of such securing as a lien on the property as allowed by Section 214.0011(f) of the Local Government Code


III: ZONING DISTRICTS

Section 3.1: Zoning Districts Established

A. The City of Ivanhoe, Texas, is hereby divided into the following zoning districts. The use, height, area regulations, and other standards, as set out herein apply to each district. The districts established herein shall be known as follows:

ABBREVIATED DESIGNATION ZONING DISTRICT NAME

SF Single-Family Residential

SF/MH Single-Family/Manufactured Home

SFA Single-Family Attached Residential

O Office

LR Local Retail

CUP Conditional Use Permit

B. A summary of the area regulations for the following zoning districts is included within the Appendix

C. Certain terms and definitions used within this Ordinance can be found in Section 5.8. Definitions specifically applicable to particular sections are contained within Section 3.15 (Historic District), Section 5.2 (Landscaping Requirements), and Section 5.4 (Exterior Construction & Design

Requirements).

Section 3.2: SF, Single-Family Residential District II

A. General Purpose and Description: The SF, Single-Family Residential District is intended to provide for development of primarily low-density detached, single-family residences on lots of at least 7,000 square feet in size.

B. Permitted Uses: Conditional uses must be approved utilizing procedures set forth in Section 3.7.

C. Height Regulations:

1. Main Building(s): Maximum two stories, or thirty-five feet (35') for the main building or house.

2. Accessory Building(s): Maximum eighteen feet (18’) for other accessory buildings, including a detached garage or accessory dwelling units.

3. Other: Refer to Section V, Development Standards & Use Regulations for other regulations.

D. Area Regulations:

1. Size of Lots:

a. Minimum Lot Area – Six thousand six hundred (6600) square feet

b. Minimum Lot Width – Sixty feet (60')

c. Minimum Lot Depth -One hundred ten feet (110')

2. Size of Yards:

a. Minimum Front Yard – Minimum twenty-five feet (25')

b. Minimum Side Yard -Minimum five feet (5'); twenty feet (20') from a street right-of-way for a corner lot.

c. Minimum Rear Yard – Minimum twenty-five feet (25') for the main building.

3. Maximum Lot Coverage: Thirty-five percent (35%) by main buildings and accessory buildings.

4. Parking:

a. Single-Family Dwelling Unit -A minimum of two (2) parking spaces behind the front building line and on the same lot as the main structure.

b. Other -Refer to Section 5.1.

5. Minimum Floor Area per Dwelling Unit: One thousand (1,000) square feet.

E. Special Requirements:

1. On-Site Dwellings: Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

2. Open Storage: Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, garden materials, etc.).

3. Side-Entry Garages: Single-family homes with side-entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of twenty-five feet (25') from the door face of the garage or carport to the side property line for maneuvering.

4. Swimming Pools: Swimming pools shall be constructed and enclosed in accordance with the City Building Code.

5. Non-Residential Uses: Site plan approval (see Section 2.6) shall be required for any nonresidential use (such as a school, church, childcare center, private recreation facility, etc.) in the SF District. Any non-residential land use that may be permitted in this district shall conform to the Retail District standards.

6. Temporary Facilities: Temporary facilities may be used but must be removed after ten (10) days.

7. Minimum Roof Pitch: All single-family structures shall have a minimum roof pitch of 4:12 except in the case of a manufactured home.

8. Other Regulations: Refer to Section V, Development Standards & Use Regulations.

Section 3.3: SF-MH, Single-Family/Manufactured Home-Residential Districts I and III

A. General Purpose and Description: The SF/MH Single-Family/Manufactured Home Residential District I and III is intended to provide for development of primarily low-density detached, single-family residences or manufactured homes on lots of at least 6,600 square feet in size.

B. Permitted Uses: Conditional uses must be approved utilizing procedures set forth in Section 3.7.

C. Height Regulations:

1. Main Building(s): Maximum two stories, or thirty-five (35’) for the main building or house.

2. Accessory Building(s): Maximum twenty-five feet (25') for other accessory buildings, including a detached garage or accessory dwelling units.

3. Other: Refer to Section V, Development Standards & Use Regulations for other regulations.

D. Area Regulations:

1. Size of Lots:

a. Minimum Lot Area – Six thousand, six hundred (6,600) square feet

b. Minimum Lot Width – Sixty feet (60')

c. Minimum Lot Depth -One hundred ten feet (110')

2. Size of Yards:

a. Minimum Front Yard – Minimum twenty-five feet (25')

b. Minimum Side Yard -Minimum five feet (5'); twenty feet (20') from a street right-of-way for a corner lot.

c. Minimum Rear Yard – Minimum twenty-five feet (25') for the main building.

3. Maximum Lot Coverage: Thirty-five percent (35%) by main buildings and accessory buildings.

4. Parking:

a. Single-Family Dwelling Unit -A minimum of two (2) parking spaces behind the front building line and on the same lot as the main structure.

b. Other -Refer to Section 5.1.

5. Minimum Floor Area per Dwelling Unit: One thousand (1,000) square feet.

E. Special Requirements:

1. On-Site Dwellings: Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

2. Open Storage: Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, garden materials, etc.).

3. Side-Entry Garages: Single-family homes with side-entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of twenty-five feet (25') from the door face of the garage or carport to the side property line for maneuvering.

4. Swimming Pools: Swimming pools shall be constructed and enclosed in accordance with the City Building Code.

5. Non-Residential Uses: Site plan approval (see Section 2.6) shall be required for any nonresidential use (such as a school, church, childcare center, private recreation facility, etc.) in the SF District. Any non-residential land use that may be permitted in this district shall conform to the Retail District standards.

6. Temporary Facilities: There shall be no permanent use of temporary facilities or buildings.

7. Minimum Roof Pitch: All single-family structures shall have a minimum roof pitch of 4:12 except in the case of a manufactured home.

8. Other Regulations: Refer to Section V, Development Standards & Use Regulations.

Section 3.4: SFA, Single-Family Attached Residential District

A. General Purpose and Description: The SFA, Single-Family Attached Residential District is intended to promote stable, quality, attached-occupancy residential development on individual lots at slightly increased densities. Individual ownership of each lot is encouraged. This district may be included within certain areas of neighborhoods or, when in accordance with the intent of the

Comprehensive Plan, may provide a “buffer” or transition district between lower density residential areas and multiple-family or non-residential areas or major thoroughfares.

B. Permitted Uses: Conditional uses must be approved utilizing procedures set forth in Section 3.7.

C. Height Regulations:

1. Main Building(s): Maximum two stories, or thirty-five (35') for the main building or house.

2. Accessory Building(s): Maximum twenty-five feet (25') for accessory buildings, including a detached garage or accessory dwelling units.

3. Other: Refer to Section V, Development Standards & Use Regulations for other regulations.

D. Area Regulations:

1. Size of Lots:

a. Minimum Lot Area -Three thousand (3,000) square feet

b. Minimum Lot Width -Thirty feet (30')

c. Minimum Lot Depth -One hundred feet (100')

2. Size of Yards:

a. Minimum Front Yard -Twenty-five feet (25')

b. Minimum Side Yard

(1) Single-family attached dwellings are not required to have a side yard, with the exception of a minimum fifteen-foot (15') side yard adjacent to a street. The ends of any two adjacent building complexes or rows of buildings shall be at least fifteen feet (15') apart. The required side yards shall be designated upon a plat approved by the City Council.

(2) A complex of attached single-family dwellings shall have a minimum length of three (3) dwelling units, and shall not exceed two hundred feet (200') in length or the width of six (6) attached units, whichever is less.

c. Minimum Rear Yard -Twenty-five feet (25') for the main building.

3. Maximum Lot Coverage: Seventy percent (35%) by main buildings and accessory buildings.

4. Parking Regulations:

a. A minimum of two (2) covered and enclosed parking spaces for each dwelling unit, located behind the dwelling unit and accessed only from the rear via an alley or approved fire lane, and located on the same lot as each dwelling unit.

b. Designated visitor parking spaces shall be provided in off-street, common areas at a ratio of one (1) guest/visitor space per four (4) units.

c. Other -Refer to Section 5.1.

5. Minimum Floor Area per Dwelling Unit: One thousand (1,000) square feet.

E. Special Requirements:

1. Separate Utilities: All utilities shall be provided separately to each lot within an SFA district so that each unit is individually metered.

2. Private Yard: Each SFA lot shall contain a private yard of not less than four hundred (400) square feet; such yard area(s) may be either a backyard or side yard. Calculation for a private yard area may include:

a. a patio cover, gazebo or other similar non-enclosed structure that does not cover more than twenty-five percent (25%) of the yard; and/or

b. a swimming pool, swing set, play fort, or other leisure amenity.

3. Useable Open Space Requirement: All single-family attached developments shall provide usable open space at the same ratio and conforming to the same criteria as specified below. Except as provided herein, any SFA subdivision shall provide useable open space which equals or exceeds twenty percent (20%) of the gross platted area, excluding rights-of-way for collector and larger sized streets. Useable open space shall not be required for an SFA development if it contains twenty (20) or fewer lots.

4. Maintenance Requirements for Common Areas: A property owners association is required for continued maintenance of common land and/or facilities.

5. Garage Space Required: The elimination of a garage space by enclosing the garage with a stationary building wall shall be prohibited.

16. On-Site Dwellings: Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling purposes.

7. Open Storage: Open storage is prohibited (except for materials for the resident's personal use or consumption such as firewood, garden materials, etc.).

8. Side-Entry Garages: Single-family homes with side-entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of twenty-five feet (25') from the door face of the garage or carport to the side property line for maneuvering.

9. Swimming Pools: Swimming pools shall be constructed and enclosed in accordance with the City Building Code.

10. Non-Residential Uses: Site plan approval shall be required for any non residential use, including a school, church, childcare center or private recreation facility, in the SFA district. Any nonresidential land use that may be permitted in this district shall conform to the Retail District standards.

11. Temporary Facilities: There shall be no permanent use of temporary facilities or buildings.

12. Minimum Roof Pitch: All single-family structures shall have a minimum roof pitch of 4:12.

Section 3.5: O, Office District IV

A. General Purpose and Description: The O, Office District is established to create a district for low intensity office and professional uses. The district can be used as a transition district between more intense uses and residential uses. Permitted uses should be compatible with adjacent residential areas by limiting building heights to one (1) or two (2) stories, and by utilizing buffering and landscaping requirements. Buildings in this district should be compatible with and similar in scale to residential uses and adjacent property. Residential uses and bed-and-breakfasts should also be permitted.

B. Permitted Uses: Conditional uses must be approved utilizing procedures set forth in Section 3.7.

C. Height Regulations:

1. Main Building(s): Maximum two (2) stories, or thirty-five (35’).

2. Accessory Building(s): Maximum one (1) story, or eighteen feet (18') for accessory buildings.

3. Other: Refer to Section V, Development Standards & Use Regulations for other regulations.

D. Area Regulations:

1. Size of Lots:

a. Minimum Lot Size -Eight thousand (8,000) square feet

b. Minimum Lot Width -Eighty feet (80')

c. Minimum Lot Depth -One hundred fifty feet (150')

2. Size of Yards:

a. Adjacent to a Single-Family District -Any office use that is over one (1) story in height and that is located adjacent to (and not across a right-of-way from) any single-family zoning district shall be setback from the applicable property line by sixty feet (60').

3. Maximum Lot Coverage: Sixty percent (60%) total, including main buildings and accessory buildings.

4. Building Size for Nonresidential Structures: The building footprint area shall not exceed fifty thousand (50,000) square feet in size.

E. Parking Requirements: Refer to Section 5.1.

F. Landscaping Requirements: Refer to Section 5.2.

G. Special District Requirements:

1. Building Façade Review: Building facade (elevation) plans shall be submitted for Commission review and approval by the City Council along with the Site Plan. Facade plans shall clearly show how the building(s) will look, especially as viewed from the major thoroughfare upon which the property faces or sides, and will portray a reasonably accurate depiction of the anticipated materials and colors to be used. The Mayor/City Administrator or their designee may, as deemed appropriate, require submission of additional information and materials, including actual samples of materials to be used, during the Site Plan review process.

2. On-Site Dwellings: Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or non-residential purposes.

3. Open Storage: Open storage is prohibited.

4. Facilities: There shall be no permanent use of temporary facilities or buildings.

5. Other Regulations: Refer to Section V, Development Standards & Use Regulations.

Section 3.6: LR, Local Retail District IV & V

A. General Purpose and Description: The LR, Local Retail District is established to provide areas for low intensity, specialized retail sales that are intended to service local neighborhoods and citizens and visitors of Ivanhoe. Office uses and bed-and-breakfasts should be permitted within Local Retail Districts; commercial uses should not be permitted.

B. Permitted Uses: Conditional uses must be approved utilizing procedures set forth in Section 3.7.

C. Height Regulations:

1. Main Building(s): Maximum two (2) stories, or thirty-five feet (35’).

2. Accessory Building(s): Maximum one (1) story, or eighteen feet (18') for accessory buildings.

3. Other: Refer to Section V, Development Standards & Use Regulations for other regulations.

D. Area Regulations:

1. Size of Lot:

a. Minimum Lot Area -Eight thousand (8,000) square feet

b. Minimum Lot Width -Eighty feet (80')

c. Minimum Lot Depth -One hundred feet (100')

2. Size of Yards:

a. Minimum Front Yard -Five feet (5'); all yards adjacent to a street shall be considered a front yard. See Section 5.1 through Section 5.5 for any additional setback requirements.

b. Minimum Side Yard -Fifteen feet (15'); twenty-five feet (25') adjacent to a public street or residential lot

c. Interior Side Yards -When retail uses are platted adjacent to other retail uses and are integrated into an overall shopping center site, creating lease spaces abutting one another, no side yard is required provided it complies with the City’s Building Code.

d. Minimum Rear Yard -Twenty-five feet (25')

e. Adjacent to a Single-Family District -Any neighborhood service use that is over one (1) story in height and that is located adjacent to (and not across a right-of-way from) any single-family zoning district shall be setback from the applicable property line by sixty feet (60').

3. Maximum Lot Coverage: Sixty percent (60%) total, including main buildings and accessory buildings.

4. Maximum Building Size: The maximum footprint area shall not exceed fifty thousand (50,000) square feet.

E. Parking Regulations: Refer to Section 5.1.

1. Materials for Parking for Non-Residential Uses: Parking areas may be constructed with an all-weather surface (such as gravel) in a manner that is consistent with the City’s Technical Construction Standards and Specifications (TCSS) Manual. Driveway approaches and other maneuvering or access points to roadway rights-of-way shall be constructed with a gravel surface. Such parking areas shall meet all other parking-related requirements contained within Section 5.1.

F. Landscaping Requirements: Refer to Section 5.2.

G. Special Requirements:

1. Building Façade Plan: Building facade (elevation) plans shall be submitted for Commission review and approval by the City Council along with the Site Plan. Facade plans shall clearly show how the building(s) will look, especially as viewed from the major thoroughfare upon which the property faces or sides, and will portray a reasonably accurate depiction of the anticipated materials and colors to be used. The Mayor/City Administrator or their designee may, as deemed appropriate, require submission of additional information and materials, including actual samples of materials to be used, during the Site Plan review process.

2. Outside Display: Outside display of merchandise and seasonal items, such as Christmas trees and pumpkins shall be limited to the following:

a. Outside display areas shall not be placed or located more than thirty feet (30') from the main building.

b. Outside display areas shall not occupy any of the parking spaces that are required by this Ordinance for the primary use(s) of the property, except on a temporary basis only, which is a maximum of 30 days per display and a maximum of two displays per calendar year.

c. Outside display areas shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.

d. Outside display areas shall not extend into public right-of-way or onto adjacent property.

e. Outside display items shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

3. On-Site Dwellings: Recreational vehicles, travel trailers or motor homes may not be used for on-site dwelling or non-residential purposes.

5. Open Storage: Open storage is prohibited.

6. Temporary Facilities: There shall be no permanent use of temporary facilities or buildings.

7. Other Regulations: Refer to Section V, Development Standards & Use Regulations.

Section 3.7: CUP, Conditional Use Permit

A. General Purpose and Description: A conditional use is a land use which, because of its unique nature, is compatible with the permitted land uses in a given zoning district only under certain conditions. Such conditions include a determination that the external effects of the conditional use in relation to the existing and planned uses of adjoining property and the neighborhood can be mitigated through imposition of standards and conditions. This Section sets forth the standards used to evaluate proposed conditional uses and the procedures for approving Conditional Use Permit (CUP) applications.

B. Conditional Use Permit (CUP) Required: No conditional use shall be established and no building permit shall be issued for any use designated as a conditional use within a zoning district until a conditional use permit is issued in accordance with the provisions of this Section. An application for

a conditional use permit shall be accompanied by a site plan prepared in the manner described in Section 2.6. The site plan shall illustrate the proposed use to be established, its relationship to adjoining properties, and how it meets the approval standards set forth in Section 3.17.E.

C. Status of Conditionally Permitted Uses:

1. The following general rules apply to all conditional uses:

a. The designation of a use in a zoning district as a conditional use does not constitute an authorization or assurance that such use will be approved.

b. Approval of a conditional use permit shall authorize only the particular use for which the CUP is issued.

c. No use authorized by a conditional use permit shall be enlarged, extended or relocated, nor may the number of dwelling units be increased, unless an application is made for approval of a new conditional use permit in accordance with the procedures set forth in this Section.

d. Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the City Code of Ordinances, or any permits required by regional, State and Federal agencies.

D. Application for Conditional Use Permit:

1. Application Requirements: An application for a conditional use permit may be submitted by the property owner or by the property owner's designated representative to the City. Application shall be accompanied by a site plan prepared in accordance with the requirements of Section 2.6. If a zoning amendment is required or requested in writing, such application shall accompany the application for a conditional use permit.

2. Subdivision Approval: If the proposed use requires a division of land, an application for subdivision approval shall be submitted in conjunction with the application for a conditional use permit. Approval of the conditional use permit shall not become effective until final approval of the subdivision application; provided, that if the land is to be divided in phases, the approval of the conditional use permit shall take effect upon final approval of the phase of the subdivision containing the property on which the conditional use is to be located.

E. Procedures for Conditional Use Permits:

1. Planning & Zoning Commission Recommendation: Upon receipt of the recommendation from the Mayor/City Administrator or their designee, the Commission shall conduct a public hearing in order to formulate its recommendations to the City Council on the conditional use permit application. Following the public hearing, the Commission shall recommend

approval, approval subject to modification, or denial of the proposal to the City Council in accordance with Section 2.4. If the appropriateness of the use cannot be assured at the location, the Commission shall recommend denial of the application as being incompatible with existing uses or with other uses permitted by right in the district.

2. City Council Action: The City Council shall be the final decision-maker on applications for conditional use permits. Following a public hearing and in consideration of the Commission's recommendations, the City Council shall approve, modify or deny the proposal for a conditional use permit in accordance with Section 2.4. If the appropriateness of the use cannot be assured at the location, the application for conditional use permit shall be denied as being incompatible with existing uses or with other uses permitted by right in the district.

F. Standards:

1. Factors for Consideration: When considering applications for a conditional use permit, the Commission in making its recommendation and the City Council in rendering its decision on the application shall, on the basis of the site plan and other information submitted, evaluate the impact of the conditional use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The Commission and the City Council shall specifically consider the extent to which:

a. The proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Plan;

b. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;

c. The proposed use meets all supplemental standards specifically applicable to the use as established in the Development Standards, Section 5.1 through 5.9;

d. The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public rights-of-way to mitigate development-related adverse impacts, including but not limited to the following:

(1) Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire;

(2) Off-street parking areas, loading areas, and pavement type;

(3) Refuse and service areas;

(4) Utilities with reference to location, availability, and compatibility;

(5) Screening and buffering, features to minimize visual impacts, and/or set-backs from adjacent uses;

(6) Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

(7) Required yards and open space;

(8) Height and bulk of structures;

(9) Hours of operation;

(10) Exterior construction material, building design, and building facade treatment;

(11) Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets;

(12) Provision for pedestrian access/amenities/areas;

(13) The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity; and,

(14) Noise.

2. Conditions: In approving the application, the Commission may recommend and the City Council shall impose such conditions as are reasonably necessary to assure compliance with these standards and the purpose and intent of this Section, in accordance with the procedures in Section 2.4. Any conditions imposed shall be set forth in the ordinance approving the conditional use, and shall be incorporated into or noted on the site plan for final approval. The Mayor/City Administrator or their designee shall verify that the site plan incorporates all conditions set forth in the ordinance authorizing the conditional use, and shall sign the plan to indicate final approval. The City shall maintain a record of such approved conditional uses and the site plans and conditions attached thereto.

3. Prohibition on Waivers and Variances: The foregoing standards of development shall not be subject to variances that otherwise could be granted by the Zoning Board of Adjustments, nor may conditions imposed by the City Council subsequently be waived or varied by the Zoning Board of Adjustments. In conformity with the authority of the City Council to authorize conditional uses, the City Council may waive or modify specific standards otherwise made applicable to the use by this Ordinance, to secure the general objectives of this Section, provided, however, that the City Council shall not waive or modify any approval factor set forth in Section 3.17.E.1.

G. Expiration and Extension: Termination of approval of a conditional use for failure to commence development and extension of the time for performance for a conditional use permit shall be governed by Section 2.6.

H. Amendment: No proposed or existing building, premise or land use authorized as a conditional use may be established, enlarged, modified, structurally altered, or otherwise changed from that approved in the conditional use permit, unless such amendment is authorized in accordance with the standards and procedures set forth in this Section, and the conditional use permit and approved site plan are amended accordingly.

I. Other Regulations: The Zoning Board of Adjustments shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the specific land use designated by any conditional use permit.

J. Use Regulations: Uses allowed by Conditional Use Permit are specified in Section 4.1.E (Use Charts).


IV: USE REGULATIONS

A. Communications Antennas and Support Structures/Towers:

1. Applicability:

a. These regulations apply to all commercial and amateur antennae and support structures, unless exempted herein.

b. Direct broadcast satellite reception, multi-channel multi-point distribution, as defined by the FCC, television reception antennae, and amateur radio antennae meeting the following requirements do not require a permit unless mounted on a pole or mast that is twenty feet (20') or more in height:

(1) In any zoning district, antennae that are one meter (39 inches) or less in diameter;

(2) In a non-residential zoning district, antennae that are two meters or less in diameter;

(3) In any zoning district, antennae designed to only receive television broadcasts;

(4) In any zoning district, amateur radio antennae concealed behind or located upon or within attics, eaves, gutters or roofing components of the building; and

(5) In any zoning district, amateur radio ground-mounted whips and wire antennae, unless mounted upon a pole or mast over twenty feet (20') in height.

c. Support structures or antennae legally installed before adoption of these regulations are not required to comply with this Ordinance, but must meet all applicable State, Federal and local requirements, building codes and safety standards.

2. Special Definitions: For the purpose of this Section, the following special definitions shall apply:

a. Antenna, Microwave Reflector & Antenna Support Structure -An antenna is the arrangement of wires or metal rods used in transmission, retransmission and reception of radio, television, electromagnetic or microwave signals, including microwave reflectors and antennae. A microwave reflector is an apparatus constructed of solid, open mesh, bar-configured, or perforated materials of any shape or configuration that is used to receive or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. Microwave reflectors are also commonly referred to as satellite receive only earth stations (T.V.R.O.S.), or satellite dishes. An antenna support structure is any tower, mast, pole, tripod, box frame, or other structure utilized for the purpose of supporting one or more antennae or microwave reflectors.

b. Antenna (Non-Commercial/Amateur) -An antenna or antenna support structure used for the purpose of transmission, retransmission, or reception of radio, television, electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business or for financial gain. A satellite dish antenna not exceeding six feet (6') in diameter shall also be considered as a non-commercial antenna.

c. Antenna (Commercial) -An antenna or antenna support structure used for the purpose of transmission, retransmission, and/or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business or for financial gain, such as commercial broadcasting and cellular or wireless telecommunications. A satellite dish antenna that exceeds six feet (6') in diameter shall also be considered as a

commercial antenna.

d. Collocation -The use of a single support structure and/or site by more than one communications provider.

e. Communications Operations (Non-Commercial/Amateur) -The transmission, retransmission or reception of radio, television, electromagnetic, or microwave signals for private or personal use, and not for the purpose of operating a business and/or for financial gain.

f. Communications Operations (Commercial) -The transmission, retransmission, or reception of radio, television, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or for financial gain.

g. Height -The distance measured from the finished grade of the lot or parcel to the highest point on the support structure or other structure, including the base pad and any antennae.

h. Radio, Television or Microwave Tower -See “Antenna, Microwave Reflector & Antenna Support Structure”.

i. Telecommunications Tower or Structure -See “Antenna, Microwave Reflector & Antenna Support Structure”.

j. Temporary/Mobile Antenna -An antenna and any associated support structure or equipment, including, but not limited to, a support pole, a vehicle that is placed and/or used on a temporary basis only not intended to be permanent, usually in conjunction with a special event, news coverage or emergency situation, or in case of equipment failure or temporary augmentation of permanent communications equipment.

k. Wireless Communication Tower or Structure -See “Antenna, Microwave Reflector & Antenna Support Structure”.

3. General Requirements:

a. Antennae and support structures may be considered either principal or accessory uses.

b. Antenna installations shall comply with all other requirements of the Zoning Ordinance and the Code of Ordinances with the exception of those specifically cited within these regulations.

c. No commercial antenna support structure shall be closer to any residential district boundary line or residential dwelling than a distance equal to twice the height of the support structure. Such setback distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of a residential district boundary line or residential dwelling. Setbacks from residentially zoned property do not apply to antennae attached to utility structures that exceed fifty feet (50') in height, or to antennae placed wholly within or mounted upon a building.

d. No amateur or commercial antenna, antenna support structure, microwave reflector or antenna, or associated foundations or support wires or appurtenances shall be located within any required setback area for the front, side or rear yards.

e. All antennae and support structures must meet or exceed the current standards and regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), and/or all other applicable Federal, State and local authorities. If those standards change, then the owner and user of an antenna or support structure must bring the antenna or structure into compliance within six (6) months or as may otherwise be required by the applicable regulating authority.

f. A building permit is required to erect or install an antenna, antenna support structure and related structures or equipment, unless the particular antenna is exempt from these regulations. All installations shall comply with applicable Federal, State and local building codes and the standards published by the Electronic Industries Association. Owners and users shall have thirty (30) days after receiving notice that an installation is in violation of applicable codes in order to bring it into full compliance.

g. Antennae, whether amateur or commercial, shall not create electromagnetic or other interference with the City of Ivanhoe’s and the County’s radio frequencies and public safety operations, as required by the FCC. Antennae also shall not interfere with radio or television reception of nearby property owners. In no manner shall the use of such equipment infringe upon adjoining property owners.

h. No antenna or support structure shall be located so as to create a visual obstruction within critical visibility areas, such as at street intersections or where a private driveway enters a roadway, or a traffic safety problem.

i. Safeguards shall be utilized to prevent unauthorized access to an antenna installation, such as on a water tower or utility structure, a free-standing installation. Safeguards include certain devices identified and recommended by the manufacturer of the antenna or support structure, a fence, a climbing guard, or other commercially available safety devices. Climbing spikes or other similar climbing device, if utilized, shall be removed immediately following use.

j. Temporary antennae shall only be allowed in the following instances:

(1) In conjunction with a festival, carnival, rodeo or other special event or activity;

(2) In case of an emergency, such as severe weather, or a news coverage event;

(3) When needed to restore service on a temporary basis after failure of an antenna installation. The City must be notified within seventy-two (72) hours of the placement of a temporary antenna. If the temporary antenna is to be needed for more than seven (7) days, then the owner and user must apply for and acquire a permit for the temporary installation on or before the eighth (8th) day following initial placement of the antenna.

k. Collocation is greatly encouraged by the City.

(1) All new support structures over fifty feet (50') in height shall be constructed to support antennae for at least two carriers, unless the structure is an alternative or stealth design, or the support structure is replacing an existing utility structure or light standard. Sufficient area for associated structures and equipment shall also be provided.

(2) A support structure which is modified or reconstructed in order to accommodate collocation shall be of the same type, design and height as the existing structure, and it may be moved on the same property within fifty feet (50') of its original location provided that it is not moved any closer to residentially zoned property. If the structure was allowed by CUP, then its new location shall be within the physical/land boundaries of the CUP. The original support structure shall be removed from the property within ninety (90) days following completion of the new structure.

(3) Where an additional antenna is to be attached to an existing support structure that already has an antenna mounted upon it, the new antenna shall comply with and be compatible with the design of the existing antenna on the collocated structure.

l. Support buildings and equipment storage areas and buildings shall be screened from public view if mounted on a rooftop. When ground mounted, they shall meet all applicable front, side and rear yard setback requirements of the applicable base zoning district. They shall also be of a neutral color and shall use exterior finish colors and materials that are compatible with nearby structures. They shall be screened from public view by a dense, opaque evergreen landscaped screen with an initial planting height of three feet (3'), and which will attain an ultimate height of six feet (6') at maturity. A six-foot (6') solid masonry wall may be used in lieu of the landscaped screen provided exterior finish materials are compatible with nearby structures. The use of a wood fence for screening is prohibited, and wrought iron or chain link may only be used in conjunction with a landscaped screen as specified above.

m. Satellite dishes and other similar antennae shall be permitted on the roof of a building, as long as satellite dishes do not exceed one meter (39”) in diameter and antennae do not extend over ten feet (10') above the roof of the building. Roof-mounted antennae that comply with the provisions of these regulations do not require additional yard setbacks or setbacks from residential areas or dwellings.

n. Only one (1) amateur antenna and support structure shall be permitted per residential lot, except that a maximum of two (2) satellite dishes may be allowed if both units are no larger than one meter (39") in diameter. Satellite dishes in any residential district shall not exceed twelve feet (12') in diameter, and must be permitted by the Mayor/City Administrator or their designee.

o. All commercial signs, flags, lights and attachments other than those required for emergency identification, communications operations, structural stability, or as required for flight visibility by the FAA and/or FCC shall be prohibited on any antenna or antenna support structure. However, lights may remain or be placed upon light standards that are altered or replaced in order for them to serve as antenna support structures provided that said lights are not commercial in nature, and provided that said lights are placed/replaced as the same size, configuration, number of bulbs, degree of luminance, etc. as they previously existed prior to support structure modification or replacement.

p. Any publicly owned antennae or antenna support structures shall be permitted in any zoning district, including public safety communications.

q. In all residential zoning districts and in the Historic District, commercial antennae and antenna support structures are prohibited, except as specified within this Section.

(1) A commercial antenna may be attached to a utility structure, including electrical transmission, distribution towers and elevated water storage tanks, provided that the utility structure exceeds fifty feet (50') in height, and provided that the antenna does not extend more than ten feet (10') above the height of the utility structure.

(2) A commercial antenna may be placed wholly within any building permitted in the zoning district. A commercial antenna may also be mounted flush to the exterior of a building or structure if it is painted or disguised to integrate into the overall architectural design and it is not readily visible or identifiable as an antenna from public roadways or from neighboring residential properties.

r. In non-residential zoning districts, except the Historic District, commercial antennae and antenna support structures are allowed as follows:

(1) Commercial antenna support structures are allowed by right if they do not exceed the maximum building height allowed for the zoning district in which they are located. Structures in excess of the height allowed in the zoning district may be allowed by Conditional Use Permit (CUP) provided the structure conforms in all other aspects of the base zoning district’s regulations, and provided that all applicable setback requirements are satisfied. In all non-residential zoning districts, antenna support structures must meet all setback requirements, particularly from residential zoning districts.

(2) A commercial antenna may be attached to a utility structure, including electrical transmission, distribution towers and elevated water storage tanks, provided that the utility structure exceeds fifty feet (50') in height, and provided that the antenna does not extend more than ten feet (10') above the height of the utility structure.

(3) A commercial antenna may be placed wholly within any building permitted in the zoning district. A commercial antenna may also be mounted flush to the exterior of a building or structure if it is painted or disguised to integrate into the overall architectural design, and it is not readily visible or identifiable as an antenna from public roadways or from neighboring residential properties.

B. Maximum Building Size: Buildings in excess of fifty thousand (50,000) square feet that are not owned by a public agency (e.g., the City, school district, state or federal government) and are not within the Regional Retail District are not permitted unless approved by the Conditional Use Permit process in Section 3.17.


V. DEVELOPMENT STANDARDS & USE REGULATIONS

Section 5.1: Off-Street Parking and Loading Requirements

A. Residential Districts -Special Off-Street Parking Provisions:

1. Required off-street parking shall be provided on the same site as the use it is to serve.

2. All required vehicle parking shall be on a suitably paved parking surface. All driveways and approaches to parking spaces shall be similarly paved, except in the SF and MH districts.

3. No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle (see definitions).

B. Nonresidential and Commercial Districts – Special Off-Street Parking Provisions:

1. To prevent nuisance situations, all parking area lighting shall be designed and operated so as not to reflect or shine on adjacent properties.

2. For safety and fire=fighting purposes, free access through to adjacent non-residential parking areas shall be provided for.

3. All off-street parking, maneuvering, loading and storage areas shall be constructed with an all-weather surface in accordance with the parking lot paving requirements in the City’s Code of Ordinances and with any applicable State Requirements.

4. Parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Non-permanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.

5. In all non-residential districts, the perimeter of all parking lots and driveways shall be provided with ribbon concrete curbs or other means to control traffic.

6. Refuse storage facilities placed in a parking lot shall not be located in a designated parking or loading space. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies, and shall be appropriately screened.

7. Parking space(s) for persons with disabilities and other associated provisions shall be provided according to building codes, State laws, and requirements of the Americans with Disabilities Act (ADA). Parking spaces for persons with disabilities shall be as close as possible to the entryway of the appropriate structure, and shall be appropriately and clearly marked.

8. To ensure that all requirements set forth in this Section are carried forward, it will be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, and debris. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the Mayor/City Administrator of his/her designee.

C. Parking Access from a Public Street -All Districts:

1. In the approval of a Site Plan, design consideration shall be given to providing entrance and exit drive(s) which extend into the site to provide adequate queuing of vehicles on the site.

2. In all districts, except single-family zoning districts, building plans shall provide for entrance and exit drive(s) appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets as approved by the Mayor/City Administrator or their designee.

a. Based upon analysis by the City, if projected volumes of traffic entering or leaving a development are likely to interfere with the projected peak traffic flow volumes on adjoining streets, additional right-of-way and paving in the form of a deceleration lane or turn lane may be required of a developer in order to reduce such interference.

b. The determination of additional right-of-way or paving requirements shall be made at the time the final site plan is submitted for approval.

3. Vehicular access to non-residential uses shall not be permitted from alleys serving residential areas.

4. Vehicular access to non-residential uses shall not be configured as “head-in” parking spaces that are accessed directly from the street, except in the Historic District and the Local Retail District.

5. Parking space configuration, location, arrangement, size and circulation in all districts shall be constructed according to the City’s Technical Construction Standards and Specifications (TCSS) Manual.

D. Parking Requirements Based Upon Use: In all districts, there shall be provided at the time any building or structure is erected or structurally altered, or change of use, off-street parking spaces in accordance with the following requirements:

1. Commercial use: One (1) space per two hundred fifty (250) square feet of floor area.

2. Community center: Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one (1) space for each four (4) seats that it contains.

3. Convenience store (without gasoline pumps): One (1) space per two hundred (200) square feet of floor area; parking requirements shall be the same as those required for a retail store.

E. Fire Lanes:

1. Location: Fire lanes shall be provided in all multiple-family, manufactured home, and nonresidential developments, and in some single-family attached, as required by the adopted Fire Code of the City and the Subdivision Ordinance for certain fire lane regulations.

2. Dimension: Fire lanes shall be a minimum width of twenty-four feet (24') of paving, and shall have a minimum inside turning radius at curves of twenty feet (20'), or as required by the adopted Fire Code of the City of Ivanhoe.

3. Vertical Clearance: The minimum overhead vertical clearance over fire lanes shall be fourteen feet (14') for a linear distance of fifty feet (50') on each side (in front of and behind, as a fire apparatus would traverse underneath) of any overhead structure, such as a canopy, roof overhang or vertical height control device.

Section 5.2: Fencing, Walls, & Screening Requirements

A. Purpose: To encourage the most appropriate use of land while conserving and protecting the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this Section in accordance with the following standards.

B. Fences in Residential Areas:

1. Location Criteria and Height:

a. Any fence or wall located to the rear of the minimum required front yard line shall not exceed eight feet (8') in height.

b. Except as provided herein, no fence or wall shall be permitted within the required front yard of any single-family residential lot that is adjacent to a public street. No residential fence shall be closer than fifteen feet (15') to a public street except in cases where the side or rear building line of the yards on continuous corner lots adjoin, the fence may be constructed out to the property line of said side yard such that the street side yard may be included as part of the lot’s back yard area.

c. Fences that are constructed on lake front property shall be no more than three feet (3’) in height from the lake edge and shall continue at this height for a distance of ten feet (10’), and then can gradually go up in size (no more than one foot (1’) per fifteen feet (15’) of length) until they are fifty feet (50’) from the lake. A permit must be applied for at City Hall and approved by the Architectural Control Committee before fence construction can be started.

2. Barbed Wire, Electrical, and Chain Link Fencing: Barbed wire or electrical fencing that is visible from a public right-of-way is prohibited as perimeter fencing except for containment of farm animals on parcels of one (1) or more acres. There must be a sign posted warning about an electric fence.

3. Vehicular Access Gates: Gates designed for vehicular access shall be set back from front the property line a minimum of twenty-five feet (25').

4. Swimming Pool Fences: Fences around swimming pools shall comply with the Standard Swimming Pool Code and the City of Ivanhoe’s codes or ordinances pertaining to same.

5. Sight Distance & Visibility: Section 5.5.J provides the sight visibility requirements for fences and screening walls.

6. Other Types of Fencing: Special purpose fencing, such as fencing around tennis courts, is permitted.

Section 5.3: Sewage Disposal Requirements

A. All lots hereunder are subject to all of the terms and conditions of Texas Department of Water Resources (TCEQ).

B. NO outside toilet or privy shall be erected or maintained on any lot hereunder, nor shall any sewage be disposed of upon, in or under any lot hereunder, except into a septic system installed and operated pursuant to the Texas Department of Water Resources (Health Department) standards for private sewage facilities and local standards.

C. All plumbing, lateral lines and holding tanks installed for the disposal of sewage on any lot hereunder, shall conform with the requirements of the Health Department of the State of Texas, the Texas Department of Water Resources, and the Local Health Authorities (if applicable).

D. Such septic system will be required for any permanent or semi-permanent facility, except non-residential, installed on any lot hereunder and shall be installed before the residence is occupied.

E. At such time as an organized sewage disposal system for the collection, treatment and disposal of sewage becomes available sewage disposal will be by means of said system only and no permanent or semi-permanent facility, except non-residential, shall be erected, placed or maintained on any lot hereunder.

F. Within ninety days (90) of being notified of the availability of an organized sewage disposal system all existing permanent semi-permanent facilities, except non-residential, must be connected to said system.

G. Self contained sanitation systems may be used by temporary campers that are allowed to remain on an owner’s lot for a period of not longer than 10 days, provided each meets the State of Texas environmental and pollution regulations and is constructed to be gas and odor tight. All self contained sanitation systems (permanently installed in a mobile camper or motor home with holding tanks, or self contained portable units) must be evacuated when needed and maintained in a sanitary condition without odor. There are no dump stations in the City of Ivanhoe so mobile campers or motor homes will have to leave the city to find a dumping station. Any sewer system used in the City of Ivanhoe must meet all TCEQ regulations.

H. The dumping, emptying or evacuation of sewage or waste water onto the ground or into any lake, ditch, or drainage facility within the City of Ivanhoe is strictly prohibited. In addition, such action is a violation of Chapter 26 of the Texas Water Code and of the Texas Water Quality board Order No. 77-0714-1 and is subject to civil and criminal penalties. The City of Ivanhoe will vigorously assist in prosecution of any person or persons engaged in such action.

Section 5.4: Exterior Construction & Design Requirements

A. Exterior Construction Requirements and Standards:

1. Masonry Construction: The term “masonry construction” as used herein includes all construction of stone material, brick material, concrete masonry units, or concrete panel construction, which is composed of solid, cavity, faced, or veneered-wall construction. The standards for masonry construction types are listed below:

a. Stone Material -Masonry construction using stone material may consist of granite, marble, limestone, slate, river rock, and other hard and durable naturally occurring all weather stone. Cut stone and dimensioned stone techniques are acceptable.

b. Brick Material -Brick material used for masonry construction shall be hard fired (kiln fired) clay or slate material. Unfired or under fired clay, sand, or shale brick are not allowed.

c. Concrete Masonry Units -Concrete masonry units shall have an indented, hammered, split face finish or other similar architectural finish as approved by the Planning and Zoning Commission. Lightweight concrete block or cinder block construction is not acceptable as an exterior finish.

d. Concrete Panel Construction -Concrete finish, pre-cast panel, tilt wall, or cement composition reinforced panel construction shall be painted, fluted, or exposed aggregate. Smooth or untextured concrete finishes are not acceptable unless painted.

2. Glass and Metal Standards: Glass walls shall include glass curtain walls or glass block construction. Glass curtain wall shall be defined as an exterior wall which carries no structural loads, and which may consist of the combination of metal, glass, or other surfacing material supported in a metal framework.

B. Construction Standards: The standards and criteria contained within this Section are deemed to be minimum standards and shall apply to all new, altered or repaired construction occurring within the City.

1. Residential and Nonresidential Buildings and Structures:

a. The following materials are permitted materials for exterior construction:

(1) Limestone

(2) Rustic wood (rough sawn)

(3) Stucco

(4) Brick

(5) Stone

(6) Painted wood

(7) Glass, permitted to comprise thirty percent (30%) or less of the exterior wall

(8) Cementacious fiberboard (commonly known as Hardiplank)

(9) Vinyl siding

(10) Aluminum siding

b. The following materials for exterior construction require a Conditional Use Permit:

(1) Concrete

(2) Glass, when over thirty percent (30%) of the exterior wall

(3) Synthetic materials

(4) Adobe (brick)

(5) Metal

c. The following materials are permitted for roof construction:

(1) Copper

(2) Metal

(3) Tile

(4) Composition Roof

d. The following materials are not permitted for roofing or siding.

(1) Wood shakes

(2) Wood shingles

2. Elevated Water Storage Tanks and Pump Stations: All water storage facilities that serve the public shall be designed and painted to compliment natural surroundings. All public water storage facilities shall be placed, to the extent possible, so as to have minimal negative impact on surrounding areas and shall be painted in earth-tone, natural colors. The City Council shall be authorized to approve alternate color selections if such color(s) are more acceptable with surrounding areas.

3. Temporary Construction Buildings: Temporary buildings and temporary building material storage areas to be used for construction purposes may be permitted for a specific period of time in accordance with a permit issued by the City and subject to periodic renewal by the inspector for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices or buildings and material storage areas shall be removed within 30 days.

4. Procedure for Determining Alternative Exterior Materials:

a. All written requests for alternative exterior building materials shall be noted and described on the site plan. If requested by the City, a sample(s) of the proposed exterior finish material(s) may be required to be submitted with the site plan.

b. The City may approve an alternative exterior material if it is determined to be equivalent or better than the exterior materials cited in Section 5.4.B.1 above as part of the approval of the site plan.

c. Consideration for exceptions to the above requirements shall be based on the following:

(1) Architectural design and creativity,

(2) Compatibility with surrounding developed properties,

(3) Compatibility with the overall character of the City, and

(4) Compatibility with historic character of the City.

d. The request shall be reviewed by the Commission, and shall be approved or disapproved by the Planning and Zoning Commission.

5. Design and Material Requirements for Nonpoint Source Pollution Control Facilities:

a. All above-ground facilities used for water quality management and nonpoint pollution control, including retention and detention ponds, shall be designed using natural stone materials or a natural ground cover such as grass.

b. Alternative materials may be used in the design of above ground facilities when approved by the Planning and Zoning Commission at the time of site plan approval.

Section 5.5: Supplemental Regulations

A. Measuring Setbacks: All setback measurements shall be made in accordance with Illustrations 1, 2, and within Appendix A.

B. Configuration of Lots: Wherever possible, flag lots (lots with minimal or panhandle-type frontage) shall be avoided. Similarly, through (double-frontage) lots shall also be avoided wherever possible, particularly within residential zoning districts.

C. Front Yard Standards and Measurements:

1. On all corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a final plat. Where single-family lots have double frontage, extending from one street to another, or are on a corner, a required front yard shall be provided on both streets unless a side or rear yard building line has been established along one frontage on the plat, in which event only one required front yard need be observed. The side and rear yards in the case of single-family uses shall be identified and the front of the structure shall not face the side or rear yard.

2. Where the frontage on one side of a street between two intersecting streets is divided by two (2) or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage.

3. The front yard shall be measured from the property line to the front face of the building, to the nearest supporting member of a covered porch or terrace, or to any attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four feet (4'), and subsurface structures, platforms or slabs may not project into the front yard to a height greater than thirty inches (30") above the average grade of the yard. See Illustration 1 within Appendix A.

4. Minimum lot widths for lots with predominate frontage on the curved radius of a street, including those located on a cul-de-sac or "eyebrow" portion of a street, shall be measured as the linear distance of the curved front building line, and shall be shown on the subdivision plat. Lot widths for all lots shall be as set forth in the respective zoning district for each lot.

5. Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

F. Side Yard Standards and Measurements:

1. On a corner lot used for single-family dwellings, both street exposures shall be treated as front yards on all lots platted after the initial date of the adoption of the City Zoning Ordinance, _______ ___, 20___ {Editor’s Note: Adoption Date of this Ordinance To Be Added}, except that where one street exposure is designated as a side yard for both adjacent lots or where the two lots are separated by an alley, street right-of-way, creek or flood plain area, or other similar phenomenon. In such case, a building line may be designated by the Mayor/City Administrator or their designee, with a minimum side yard of fifteen feet (15') or more, as determined by the applicable zoning district standards. On lots which were official lots of record prior to the effective date of this Ordinance, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district.

2. Every part of a required side yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed twelve inches (12") into the required side yard, and roof eaves projecting not to exceed thirty-six inches (36") into the required side yard. Air conditioning compressors and similar equipment are permitted in the side yard.

3. Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

G. Special Height Regulations:

1. In the districts where the height of buildings is restricted to two (2) stories, cooling towers may extend for an additional height not to exceed fifty feet (50') above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires, school buildings, windmills, barns, and institutional buildings may be erected to exceed the height limit, as specified in the particular zoning district, provided that one (1) additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed the district height limit.

2. Calculation of Height:

a. For the purposes of calculating the overall height of a structure, slope shall be calculated from the highest point of the building at natural grade to the lowest point of the building at natural grade, or the natural grade of an adjoining road, along a line that is, as close as possible, perpendicular to existing contours.

b. The height shall be measured from the highest parapet or roof ridge to natural grade or finish grade at the lowest point adjacent to the building exterior, whichever yields the greatest height.

H. Minimum Flooring Area per Unit Area: Minimum dwelling unit areas specified in this Ordinance shall be computed exclusive of breezeways, garages, open porches, carports and accessory buildings.

I. Open Storage Areas: Open storage of materials, commodities or equipment, where allowed in the specific zoning district, shall be located behind the front building line and observe all setback requirements for the main structure or building. This standard does not apply to outside display as defined in Section 5.8. There are screening requirements in Section 5.3, and special requirements for outside display within zoning districts.

J. Sight Visibility:

1. Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding or landscaping thirty inches (30") or higher above the street center line obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection as follows:

a. At a street intersection, clear vision must be maintained for a minimum of twenty-five feet (25') across any lot measured from the corner of the property line in both directions.

b. At an intersection with an alley, this clearance must be maintained for ten feet (10').

c. Shrubs and hedges that are typically less than thirty inches (30") in height at maturity, as measured from the centerline of the street, may be located in the visual clearance areas of all districts.

d. A limited number of single-trunk trees having a clear trunk (branching) height of at least eight feet (8') may be located within sight visibility areas provided that they are spaced and positioned such that they will not produce a visibility inhibiting, “picket-fence” effect when they attain mature size.

K. Lot Maintenance:

1. The owners or occupants of all lots shall at all times keep all weeds and grass thereon cut in a sanitary, healthful and attractive manner and shall in no event use any lot for storage of (undeveloped lots are exempt from keeping lot to these standards, but they man NOT store anything on the land except as stated) material and equipment except for normal residential and/or camping requirements or incident to construction of improvements thereon as herein permitted, or permit the accumulation of garbage, trash or rubbish of any kind thereon and shall not burn anything other than wood, leaves, grass cuttings and paper. When burning paper you must have it in a burn barrel with ¼” screening placed over the top. Burning of aluminum cans is prohibited. Refrigerators and other large appliances shall not be placed out of doors. In the event of default on the part of the owner or occupant of any lot in observing the requirements and with such default continuing ten (10) days written notice thereof, the City of Ivanhoe or designated agent shall, without liability, enter upon said lot and cause to be cut such weeds and grass and remove or cause to be removed such garbage, trash, or rubbish or do anything necessary to secure compliance with these restrictions so as to place said lot in neat, attractive, healthful and sanitary condition and may charge the owner or occupant of such lot for the cost of such work. The owner or occupant, as the case may be, agrees by the purchase or occupation of the property to pay such statement immediately upon receipt thereof. The mailing of ten (10) days written notice to the address shown on Owners’ Contract of Sale shall be deemed to full compliance by the City of Ivanhoe of this requirement of notice. (Arrangements for pickup of these items can be handled through city hall.)

2. Playground equipment and children’s toys shall be kept in a neat and orderly fashion.

3. The owners or occupants of all lots shall not at any time store any wrecked or junked vehicles or boats on the property. If vehicles cannot meet state inspection and license requirements the property owner will be advised in writing to have them removed within 10 days. If the property owner fails to remove said vehicles the City of Ivanhoe or designated agent shall, without liability, enter upon said lot and remove said vehicles at owner’s expense.

L. Hunting and fire arms:

1. No hunting or discharging of fire arms of any kind shall be permitted on any lot or within any part of the City of Ivanhoe at any time. BB guns and/or paint ball guns may be used on a person’s private property only, and the projectile may not leave said person’s property boundary.

M. Water wells:

1. No water well shall be drilled upon any lot by the owners thereof for one (1) year from the date hereof, nor so long thereafter as water for domestic uses shall otherwise be available to the owners of said lots; but nothing herein contained shall be construed as prohibiting the said City of Ivanhoe from drilling wells on reserved area or any lot of said City for the purpose of supplying water to the owners of any property in said City of Ivanhoe or in any addition thereto. The only subdivisions allowed to drill water wells are: Lake Camelot #1, Galahad Estates #1, Galahad #6 and #7, Ivanhoe Estates #1, #2, #3 and #4, and Ivanhoe Ranchettes #1 as provided for in the original restrictions of subdivisions.

N. Advertising Displays:

1. No billboards, sign boards, or advertising displays of any kind shall be installed, maintained or permitted to remain on any residential lot of the City of Ivanhoe, except one (1) sign containing not more than three (3) square feet of surface area may be displayed for the sale of a dwelling, but only after the construction of the dwelling house has actually been started.

2. Signs for the sale of unimproved lots shall be permitted so long as they are no more than three (3’) square feet. Signs shall be on a stake or mental frame, but may not be fastened to trees or fence posts or telephone poles or power poles.

3. Signs for non-profit organizations may be posted the day of the event but must be removed within 24 hours after the event.

M. Occasional Sales:

1. Occasional sales (also called garage sales, yard sales, rummage sales, estate sales, etc.) are permitted in residential areas. They may be held by a person who does not hold himself out as engaging in, or does not habitually engage in the business of selling tangible personal property at retail. Tangible personal property shall be sold only on the premises of the owner or lessee of the property where the sale is conducted, and said owner or lessee must be the legal owner of such tangible personal property at the time of such sale. No new merchandise (i.e., merchandise acquired solely for the purpose of resale) shall be sold at such Occasional Sale.

2. Occasional sales may be held one (1) time every four (4) months on the same premises in any one (1) calendar year. The sale shall be confined to the garage, patio, porch, or yard of the premises. No occasional sale may be conducted on a vacant lot, even with the owner’s permission. The duration of such sale shall not exceed three (3) consecutive calendar days.

3. No person shall conduct a Garage Sale without having first obtained a permit and without complying with the provisions of this ordinance. A permit application shall state the location and dates of the sale. A fee of ten dollars ($10.00) shall be paid with the application. A permit may be obtained at the City of Ivanhoe office. You must appear in person to obtain your permit.

4. Signs are permitted for occasional sales. One sign (not to exceed 2 square feet) may be placed upon the property where the sale is being held during the sale. Signs giving directions may be placed on private property only, with the permission of the property owner. Placing signs in the public right-of-way (such as along the roadways) and/or attaching them to a utility pole, tree, or street sign is prohibited. Signs must be removed within one day after the sale. Failure to remove signs will result in a ten dollar ($10.00) fee. All signs must include the address of the sale and the dates of the sale.

5. Under Texas Tax Code Section 151.304(b)(5), which became effective July 1, 2007, under House Bill 373 (80th Legislative Session, 2007), sales tax is not due on the items at a garage sale if:

The items being sold were originally acquired for personal use by the person or a family member of the person selling them; and if the total receipts from sales of the individual’s property in the calendar year the garage sale is made do not exceed three thousand dollars ($3,000.00). This exemption only applies to the first three thousand dollars ($3,000.00) in total receipts. Once this threshold is reached, the individual must obtain a sales tax permit and begin collecting state and local sales and use taxes. As with all exemptions, the seller is required to maintain records to document that the exemption applies.

A person may also be considered engaged in the business of selling taxable items if that person routinely operates a location where sales of taxable items occur and sells taxable items purchased from other parties, and not used by that person or a family member prior to being offered for sale. For example, a person who has a “garage sale” every weekend may be considered to be engaged in business if the items being sold were not originally bought for the personal use of that person or a family member.

6. All garage sale items shall be removed and stored out of sight until the next garage sale.

Section 5.6: Performance Standards

A. 1. Noise: At no point at the bounding property line of any use shall the sound pressure level exceed eighty five (85) decibels.

"Bounding Property Line" shall be interpreted as being at the far side of any street, alley, stream, or other permanently dedicated open space from the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between two parcels of property shall be interpreted as the bounding property line.

2. Measuring Noise Level: Measurement of noise shall be made with a sound level meter meeting the standards prescribed by the American Standards Association.

3. Exemptions: The following uses and activities shall be exempt from the noise level regulations herein specified.

a. Noises not directly under control of the property user.

b. Noises emanating from construction and maintenance activities between the hours of 7:00 a.m. and 8:00 p.m.

c. Noises of safety signals, warning devices and emergency pressure relief valves.

d. Transient noise of moving sources such as automobiles, trucks, and airplanes.

e. Events sanctioned by the City of Ivanhoe.

B. Odorous Matter:

1. No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located.

2. The odor threshold as herein set forth shall be determined by observation by a person or persons. In any case, where uncertainty may arise or where the operator or owner of an odor emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures specified by American Society for Testing Materials A.S.T.M.D. shall be followed.

F. Fire or Explosive Hazard Material:

1. No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted except that chlorates, nitrates, perchlorates, phosphorus, and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the City of Ivanhoe.

2. The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents, and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the adopted Fire Code.

G. Toxic and Noxious Matter: No operation or use shall emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which will exceed ten percent (10%) of the concentration considered as the threshold limit for an industrial worker as such standards are set forth by the Texas State Department of Health in “Threshold Limit Values Occupational Health Regulation No. 3”, a copy of which is hereby incorporated by reference.

H. Vibration: No operation or use shall at any time create earthborne vibrations which when measured at the bounding property line of the source operation exceed the limits of displacement set forth in the following table in the frequency ranges specified:

Frequency Cycles Per Second Displacement in Inches

0 to 10 0.0010

10 to 20 0.0008

20 to 30 0.0005

30 to 40 0.0004

40 and over 0.0003

Section 5.7: Animal Husbandry

A. No residential lot shall be used for the purpose of raising hogs, goats, sheep, rabbits, fowl, or other animals for commercial or personal purposes, or as a place for keeping horses, mules, (District I allows horses and goats as long as the property owner has at least 1 acre per animal and they are fenced) cattle or other animals. The occupants of each residence may keep the usual customary domestic animals as “pets” but no commercial cat or dog kennel shall be permitted. Keeping more than five (5) dogs and/or cats shall be considered a commercial endeavor. NO pit bulls will be allowed within the city limits of Ivanhoe. All pets shall be fenced in with approved fencing that will contain the animal. Pets under 12” shall have a fence at least four feet (4’) height and all pets over 12” shall have a fence of at least five feet (5’). In the ground electric fences will also be allowed to control pets. Any dog not in a fenced area must be on a leash. Liability for pets and livestock is the responsibility of the animal’s owner.

B Vaccination of Pets

1. All dogs and cats four (four) months of age and older must be vaccinated annually for rabies and an anti-rabies vaccine approved by the Texas Department of Health and administered by the veterinarian licensed by the State of Texas per the Texas Administrative Code, Title 25, Part 1, Chapter 169, Subchapter A, Rule #169.29 and:

a) A metal certificate of vaccination with the year of vaccination, a certificate number, and the name, address, and phone number of the vaccinating veterinarian must be securely attached to a collar or harness that must be worn by the dog or cat at all times;

b)In addition to the metal certificate (rabies tag) the official rabies vaccination certificate issued by the vaccinating veterinarian shall be maintained by the owner of the dog or cat, containing the information designated by the Texas Department of Health including but not limited to the owner’s name, address, and telephone number, identification of the animal species, sex, age, size (pounds), predominant breed and colors, vaccine used (producer, expiration date, and serial number), date vaccinated, rabies tag number and the veterinarian’s signature and license number.

A. A dangerous dog is defined as:

1. Makes an unprovoked attack on a person or acts like it is going to when it is out of the enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own.

a) Keeping a Dangerous Dog (Texas Health and Safety code Chapter 822 Sub-Chapter D. State of Texas law (Chapter 822-041) states that the owner of a dangerous dog must register the dog with the animal control office or the Sheriff’s Office in areas without an animal control office and restrain the dog at all times on a leash when outside its secure enclosure. The owner must also purchase a $100,000 liability insurance policy specific for the dog to cover the cost of potential damage to a person. This law became effective in 1991.

B. Livestock Regulations

a. State law references: Authority of city to prohibit or otherwise regulate the keeping of livestock and swine, V.T.C.A., Local Government code #215.026(b).

a) It shall be unlawful for a person to keep swine or cattle within the City of Ivanhoe, Texas.

b)The possession, harboring, or keeping of horses, mules or goats in the City of Ivanhoe, Texas, District I, is permitted on tracts or parcels of land of one (1) acre or more in size per animal provided that no owner shall possess, harbor or keep more than a total of four (4) horses, mules or goats.

c) Any enclosure, pasture, pen, corral, or other restrictive area for horses, mules or goats shall be of sufficient strength and construction so as to keep such animals confined. All gates must be of sufficient strength and construction so as to keep animals confined.

C. Sanitary conditions required:

1. The owner or person in possession of animals shall keep yards, pens and enclosures in which such animals are confined in such a manner so as not to give off odors offensive to persons of ordinary sensibilities residing in the vicinity, or to breed or attract flies, mosquitoes or other noxious insects, or in any manner as to endanger the public health or safety, or create a public nuisance.

E. Animal care guidelines:

1. The following are established as guidelines for animal care and are not intended to contravene the provisions for animal cruelty contained in the Texas Penal Code.

a) Provisions for food, shelter, and care, generally. No owner shall fail to provide any animal with sufficient good and wholesome food and water, proper shelter, and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment.

b) Abuse of animals and animal fighting. No person shall beat, cruelly ill-treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate or permit any dog fighting, cockfighting, bullfighting, or other combat between animals or between animals and humans.

c) Abandonment. Texas law defines abandonment (“dumping”) as the act of abandoning an animal in the person’s custody without making reasonable arrangements for assumption of custody by another person. No person shall abandon any animal within the city limits of Ivanhoe. Any animal left without proper food, water, or shelter shall be considered abandoned. Animal control shall impound any abandoned animal.

State law references: Cruelty and inhumane treatment to animals prohibited, V.T.C.A., Penal Code, #42.09; Causing animals to fight is unlawful, V.T.C.A., Penal Code #42.09(6).

Section 5.8: Definitions

A. For the purpose of these regulations, certain terms and words are to be used and interpreted as defined in this Ordinance. Words used in the present tense shall also include the future tense; words used in the masculine gender shall also include the feminine gender; words used in the singular number shall also include the plural number; and words in the plural number shall also include the singular number, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory. For any term or use not defined herein, Webster's Dictionary (latest edition) shall be used. It should be noted that there are other sections within this Ordinance that define terms that are specific to that section; these other definitions can be found within Section 3.15 (Historic District), Section 5.2 (Landscaping Requirements), and Section 5.4 (Exterior Construction & Design Requirements).

1. Accessory Building (Residential): In a residential district, a subordinate building that is attached or detached and is used for a purpose that is customarily incidental to the main structure but not involving the conduct of a business. The building area is less than that of the main structure as regulated herein. Examples may include, but are not limited to, the following: a private garage for automobile storage, tool shed, and greenhouse as a hobby, home workshop, children's playhouse, storage building or garden shelter.

2. Accessory Building (Non-Residential): In the non-residential districts, a subordinate building to the main building that does not exceed the height of the main building and does not exceed fifty percent (50%) of the floor area of the main building, and that is used for purposes accessory and incidental to the main use (see “Accessory Use”).

3. Accessory Dwelling: A secondary living space that is on-site with a primary living space and that may be contained within the space structure as the primary, or may be contained in a separate structure. Occupants of secondary living spaces typically include a caretaker, servant, or farm worker employed by the owner/occupant, or a guest or family member of the owner/occupant

4. Accessory Use: A use that is customarily incidental, appropriate and subordinate to the principal use of land or building(s) and that is located upon the same lot therewith. The land and building area that is used for the accessory use must be significantly less than that used for the primary use, and the gross receipts that is derived from the accessory use must be significantly less than that derived from the primary use.

5. Acreage: Any tract or parcel of land which has not been subdivided and

platted in accordance with the laws of the State of Texas Regulating subdivisions and filing thereof.

6. Alcoholic Beverage: Includes all alcohol, distilled spirits, beer, malt beverage, wine or fortified wine as defined in this ordinance.

7. Building: Ay structure having a roof supported by columns or walls, and designed or intended for the shelter, support, enclosure or protection of persons, animals or chattels.

8. Building Area: The buildable area of a lot is the space remaining after the minimum open space requirements of this ordinance have been complied with.

9. Building Height: The vertical distances measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to mean height level between ease and rides of a gable, hip or gambrel roof; provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

10. Building Line: For the purpose of this ordinance the building line is the same as a front yard setback line.

11. Café: An informal restaurant, offering a range of hot meals and made-to-order sandwiches. It must meet all county and state health codes.

12. Carport: A structure that is open on a minimum of two sides and designed or used to shelter not more than three vehicles and not to exceed forty-two (42’) feet on its longest dimension. Also called "covered parking area."

13. Certificate of Occupancy: An official certificate issued by the City which indicates conformance with the zoning regulations and building codes and which authorizes legal use of the premises for which it is issued.

14. Cleaning Plant (Commercial/Wholesale) -An industrial facility where fabrics are cleaned with substantially nonaqueous organic solvents on a commercial or wholesale basis.

15. Commercial Use – A type of nonresidential land use that has one or more of the following characteristics: 1) the use is service-oriented; 2) the use does not primarily sell retail items; 3) the use sells goods or products on a wholesale basis; or 4) the use has or has the need for open storage areas or warehouses its products. Such uses include motels, auto dealerships, welding shops, manufactured home sales, mini-warehouses, funeral homes, auto body repair shops, and air conditioning and/or heating services.

16. Community Center (Municipal) -A building or complex of buildings that house cultural, recreational, athletic, food service or entertainment facilities owned or operated by a governmental agency or private nonprofit agency.

17. Comprehensive Plan: Document adopted by the City that consists of graphic and textual policies which govern the future development of the City and which consists of various components governing specific geographic areas and functions and services of the City.

18. Convenience Store With (or Without) Gasoline Sales: Retail establishment selling food for off-premises consumption and a limited selection of groceries and sundries, including possibly gasoline, if pumps are provided. Does not include or offer any automobile repair services. The sale of beer and wine for off-premises consumption is conditionally allowed, if not otherwise prohibited.

19. Corner lot: A lot situated at the intersection of two or more streets.

20. Court: An open, unobstructed space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard, or other permanent open space.

21. Coverage: The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs.

22. District: A section or sections in the incorporated area of the city for which the regulations and provisions governing the use of building and land are uniform for each class of use permitted therein.

23. Dwelling: Any building or portion thereof, which is designed or used as living quarters for one or more families.

24. Dwelling, Single Family Attached (Townhouse): See "Single Family Dwelling (Attached)".

25. Easement: A grant of one or more of the property rights by the property owner to or for the use by the public, a corporation or another person or entity.

26. Enclosed Building: A structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than 120 square feet in area normally open to the air and which contains no series of openings forming a divided opening larger than 120 square feet in area normally open to the air.

27. Family: One or more persons related by blood, marriage, or adoption; or a group not to exceed four (4) persons not all related by blood or marriage, adoption or guardianship, occupying a dwelling unit.

28. Fence: An artificially constructed structure of wood, masonry, stone, etc.(solid or otherwise), which is a barrier and used as a boundary or means of protection, confinement, or concealment

29. Fire Station, Police Station, or Civic Center: Any public service building of the municipal government including a library or City Civic Center, but excluding storage yards, utility shops and equipment centers.

30. Flood Plain: An area of land subject to inundation by a 100-year frequency flood as determined using standard engineering practices and generally as shown on the FIRM Flood Insurance Rate Map of the City of Ivanhoe.

31. Floor Area, Gross: The total gross square feet of floor space within the outside dimensions of a building including each floor level, but excluding carports, residential garages, and breezeways.

32. Floor Area Ratio (FAR): The floor area of a main building or buildings on a lot, divided by the lot area.

33. Food or Grocery Store: A retail business establishment that displays and sells consumable goods that are not to be eaten on the premises. Prepared food may be sold only as a secondary or accessory use. The sale of beer and wine for off-premises consumption is conditionally allowed, if not otherwise prohibited.

34. Footprint: The horizontal area as seen in plan view, measured from outside of all exterior walls and supporting columns; the amount of a structure that touches the ground surface.

35: Front yard: A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.

36. Frontage: All property on one side of a street between two intersecting streets or natural barriers or between a barrier and a street.

37. Garage, Private: An accessory building enclosed on at least three (3) sides, or a part of a main building, used for storage of automobiles and used solely by the occupants and their guests. Also called "enclosed parking space."

38. Garage, Attached: A framework integrated with and into the framework of the dwelling.

39. Garage, Detached: Garage framework separated from the dwelling framework not connected or touching in any way. If a canopy type covering is wanted it must be freestanding and cannot be attached to the garage in any way or manner. There must be a minimum of 12 inches between the canopy and the garage and a minimum of 12 inches between the canopy and the dwelling

40. Garage Conversion: The alteration of an enclosed attached or detached accessory building, including a garage that meets the required parking standards for residential districts, to an air-conditioned living space with stationary fixed walls.

41. Heavy Load Vehicle: A self-propelled vehicle having a manufacturer's recommended Gross Vehicle Weight (GVW) of greater than 16,000 pounds (including trailers), such as large recreational vehicles (originally manufactured as RVs, not converted), tractor-trailers, buses, vans, and other similar vehicles. The term "truck" shall be construed to mean "Heavy Load Vehicle" unless specifically stated otherwise.

42. Heavy Machinery Sales and Storage: A building or open area used for the display, sale, rental or storage of heavy machinery, tractors or similar machines, or a group of machines which function together as a unit.

43. Heliport: An area of land or water or a structural surface which is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas which are used, or intended for use for heliport buildings and other heliport facilities.

44. Height (of Structures): The height shall be measured from the highest parapet or roof ridge to natural grade or finish grade at the lowest point adjacent to the building exterior, whichever yields the greatest height.

45. Helistop: The same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.

46. Home for Aged, Residence: A home where elderly people are provided with lodging and meals without nursing care being a primary function.

47. Home Occupation: An occupation carried on in a dwelling unit, or in an accessory building to a dwelling unit, by a resident of the premises, which occupation is clearly incidental and secondary to the use of the premises for residential purposes.

48. Interior lot: A lot other than a corner lot.

49. Kitchen, Residential: Generally, that portion of a residential dwelling that is devoted to the preparation or cooking of food for the purpose of consumption by residents of the dwelling. A kitchen, as referred to within this Ordinance, generally indicates the presence of complete cooking facilities as differentiated from a "kitchenette" which provides limited cooking facilities limited to a single-burner hot plate, under-counter refrigerator and microwave oven.

50. Landscaping: Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and non-living durable materials that are commonly used in landscaping such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.

51. Light Load Vehicle: A self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) not greater than 16,000 pounds and having no more than two axles, such as pick-up trucks, sport utility vehicles, vans and mini-vans, recreational vehicles (less than thirty-two [32] feet in length), campers and other similar vehicles but not including automobiles and motorcycles.

52. Lot: A platted parcel of land that is occupied or intended to be occupied by one main building, or a group of main buildings, and any accessory building(s), which includes such parking, landscaping and open space as are required by this Ordinance or other laws or ordinances, and

also which has its principal frontage upon a public street.

53. Lot Area: The total area, measured on a horizontal plane, included within lot lines.

54. Lot, Corner: A lot which has at least two adjacent sides abutting for their full lengths upon a street, provided that the interior angle at the intersection of such two sides is less than one hundred thirty-five degrees (135°).

55. Lot Depth: The mean horizontal distance between the front and rear lot lines.

56. Lot, Double Frontage: A lot having frontage upon two (2) non-intersecting streets, as distinguished from a corner lot.

57. Lot, Flag: A lot having access to a street by means of a parcel of land generally having a depth greater than its frontage, but not less than thirty-five (35) feet. Flag, or panhandle, lots are typically discouraged.

58. Lot, Interior: A lot other than a corner lot.

59. Lot Frontage: That dimension of a lot or portion of a lot abutting onto a street, excluding the side dimension of a corner lot.

60. Lot Line, Front: The narrower side of the lot abutting a street. Where two lot lines abutting streets are of equal length, the owner shall have a choice in designating which shall be the lot frontage. For a lot which has a boundary line which does not abut the front street line, is not a rear lot line, and lies along the same general directional orientation as the front and rear lot lines, said line shall be considered a front lot line in establishing minimum setback lines.

61. Lot, Key: A corner lot whose exterior side is adjacent to the front yard of another lot.

62. Lot Line, Rear: The lot line farthest from and most parallel to the front lot line. For triangular lots, the point opposite the front lot line shall be considered the rear lot line and have a value of zero.

63. Lot Line, Side: Any lot line not the front or rear lot line.

64. Lot Lines or Property Lines: The lines bounding a lot as defined herein.

65. Lot of Record: A lot that is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Bell County.

66. Lot Width: The horizontal distance measured between side lot lines parallel to the front lot line, and measured from the point on the building line which is closest to the front lot line.

67. Main Building: The building or buildings on a lot that are occupied by the primary use.

68. Manufactured Housing: Any one of three types of prefabricated housing products which are typically manufactured or assembled at a location other than the end user's permanent site, and which are regulated by the Texas Manufactured Housing Standards Act (Article 5221f and 5221f1, V.A.C.S.). For the purpose of this Ordinance, there are three types of manufactured homes:

a. Mobile Home -A movable dwelling designed to be transported on its own chassis on the highway (either intact or in major sections) by a prime mover, which is constructed with a base section so as to be independently self-supporting, and which does not require a permanent foundation for year-round living. A mobile home is also defined as any manufactured home that was constructed prior to June 15, 1976.

b. HUD-Code Manufactured Home -A movable dwelling designed to be transported on the highway, either intact or in major sections, by a prime mover, which can be used as a residential dwelling either with or without a permanent foundation. A HUD-Code manufactured home is also defined as a movable manufactured home that was constructed after June 15, 1976.

c. Single-Family Industrialized Home (also called Modular Prefabricated Structure or Modular Home) -A structure or building module as defined under the jurisdiction and control of the Texas Department of Labor and Standards, that is transportable in one or more sections on a temporary chassis or other conveyance device, and that is designed to be installed and used by a consumer as a fixed residence on a permanent foundation system. The term includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. The term does not include mobile homes or HUD-Code manufactured homes as defined in the Texas Manufactured Housing Standards Act (Article 5221f, V.A.C.S.). Industrialized homes must meet all applicable local codes and zoning regulations that pertain to construction of traditional site constructed ("stick built") homes.

69. Masonry Construction: That form of construction comprised of brick, stone, granite, marble, concrete, hollow clay tile, concrete block or tile, brick veneer, exterior plasters, including stucco, or other similar building units or materials or combination of these materials laid up unit by unit and set in mortar.

70. Municipal Facility or Use: Any area, land, building, structure or facility which is owned, used, leased or operated by the City of Ivanhoe, Texas.

71. Nonconforming Use: A building, structure, or use of land lawfully occupied as of the effective date of this Ordinance or amendments thereto, but which does not conform to the use regulations of the district in which it is situated.

72. Off-Street Parking Incidental to Main Use: Off-street parking spaces provided in accordance with the requirements of this Ordinance, located on the lot or tract occupied by the main use or within one hundred fifty feet (150') of such lot or tract, and located within the same zoning district as the main use or in an adjacent parking district.

73. One-family residence: A residence place designed exclusively for occupancy by one family.

74. Or: Where necessary to effectuate the intent of this Article or to prevent an ambiguity, absurdity, or mistake, the words “and” and “or” shall be interchangeable.

75. Open Storage: The keeping, displaying or storing, outside a building, of any goods, materials, merchandise or equipment on a lot or tract for more than twenty-four (24) hours. Also referred to as outside storage.

76. Parcel: Any unplatted tract of land, or any portion of an unplatted tract of land.

77. Park and/or Playground (Private): See “Private Recreation Facility or Private Park”. 64. Park and/or Playground (Public): See “Public Recreation”.

78. Parking Space: An off-street area, not on a public street or alley, paved in accordance with City of Ivanhoe parking lot standards, that is used for parking a vehicle, and that is accessed from a paved driveway which connects the parking space with a public street.

79. Planning and Zoning Commission: A board which is appointed by the City Council as an advisory body, and which is authorized to recommend changes in the zoning of property and other planning functions as delegated by the City Council. Also referred to as the “Commission”.

80. Plat: A plan showing the subdivision of land, creating building lots or tracts, showing all essential dimensions and other information in compliance with the subdivision standards of the City of , and which is approved by the City of and recorded in the plat records of Bell County.

81. Platted Lot: See “Lot” and “Lot of Record”.

82. Playfield or Stadium (Public): An athletic field or stadium owned and operated by a political subdivision for the general public including a baseball field, soccer field, golf course, football field or stadium which may be lighted for nighttime play.

83. Porch: A roofed entrance to a building, projecting out from the wall or walls of the main structure and commonly open to the weather in part.

84. Premises: Land together with any buildings or structures situated thereon.

85. Primary Use: The principal or predominant use of any lot or building.

86. Principal Building: See “Main Building”.

87. Professional Service: Work performed which is commonly identified as a profession, and which may be licensed by the State of Texas.

88. Public Parking area: An open area, other than street, used for the temporary parking of more than four automobiles and available for public use whether free, for compensation or as an accommodation for clients or customers.

89. Public Recreation: Publicly owned and operated parks, recreation areas, playgrounds, swimming pools and open spaces that are available for use by the general public without membership or affiliation. This land use shall include special event type uses such as rodeos, concerts, festivals and other special events requiring special event permits, as set forth in the City of Ivanhoe’s Code of Ordinances.

90. Public View: Public view means areas that can be seen from any public street.

91. Rear Yard: See “Yard, Rear”.

92. Recreation Center: A place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities.

93. Recreational Vehicle (RV): A mobile living unit which is typically used for temporary human occupancy away from the users' permanent place of residence.

94. Residence: Same as a dwelling; also, when used with district, an area of residential regulations.

95. Residential District: District where the primary purpose is residential use.

96. Residential Loft: A residential living space that is located on the second floor (or above) of a structure that has a nonresidential use, such as an office or retail shop, operating on the first floor. This definition includes a similarly located space within a structure that has been converted into a residential living area from some other originally intended use.

97. Restaurant (Drive-In Service): An eating establishment where food or drinks are primarily served to customers in motor vehicles, or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises.

98. Room: A building or portion of a building which is arranged, occupied or intended to be occupied as living or sleeping quarters but not including toilet or cooking facilities.

99. School, Business: A for-profit business that offers instruction and training in a profession, service or art such as a secretarial or court reporting school, barber or beauty college or commercial art school, but not including commercial trade schools.

100. School, Commercial Trade: A for-profit business that offers vocational instruction and training in trades such as welding, brick laying, machinery operation/repair, and similar trades.

101. School, Private (Primary or Secondary): A school under the sponsorship of a private agency or corporation, other than a religious agency, which offers a curriculum that is generally equivalent to public elementary and/or secondary schools.

102. Screened: Shielded, concealed, and effectively hidden from the view of a person standing at ground level on an abutting site, or outside the area or feature so screened, by a fence, wall, hedge, berm or similar architectural or landscape feature.

103. Seasonal Uses: Seasonal uses include the sales of items such as Christmas trees, pumpkins, snow cones, fresh produce, and other items that are typically only available at certain times of the year.

104. Servant's Quarters or Guest House: An accessory dwelling in a residential district for the sole use and occupancy of a member of the immediate family or of a person or persons employed on the premises by the occupant on a full-time basis as domestic help such as a maid, nanny/governess, groundskeeper, chauffeur, cook or gardener, but not involving the rental of such facilities or the use of separate utility connections for such facilities.

105. Side Yard: See “Yard, Side”.

106. Signs, outdoor advertising: Any card, cloth, paper, metal, painted, glass, wooden, plaster, stone or other sign of any kind or character whatsoever, placed for outdoor advertising purposes on the ground, post, fence, building, structure or anything whatsoever. The term “placed” as used in the definition of “outdoor advertising sign” and “outdoor advertising structure” shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or other fastening, affixing or making visible in any manner whatsoever.

107. Single-Family Dwelling, Attached (Townhouse): A dwelling which is joined to another dwelling at one or more sides by a party wall, which is designed for occupancy by one family, and which is located on a separate lot delineated by front, side and rear lot lines.

108. Single-Family Dwelling, Detached: A dwelling designed and constructed as a free-standing structure for occupancy by one family, and located on a lot or separate building tract having no physical connection to a building located on any other lot or tract.

109. Site: Any geographical area; a parcel of land or portion thereof with frontage on a street, devoted to or intended for a use or occupied by a structure or group of structures.

110. Story: That portion of a building above grade, other than a basement, that is included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling above it. The average height for a story shall be defined as twelve feet (12'). The definition of a story does not include parapets, gables and other normal roof structures. In cases where the site has a significant slope, the number of stories of a building shall be measured from point representing the average slope from front to back, or side to side, of the building.

111. Street: Any dedicated public thoroughfare that affords the principal means of access to abutting property. A street is termed a major thoroughfare or arterial when the right-of-way is greater than sixty feet (60').

112. Street Intersection: Any street that joins another street at an angle, whether or not it crosses the other.

113. Street Yard: The area between the building front line and the front property line.

114. Structure: Anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground (also see “Building”).

115. Structural Alterations: Any change in the supporting members of a building, such as load-bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

116. Swimming Pool, Private: A swimming pool constructed for the exclusive `use of the residents of a one-family, two-family or multiple-family dwelling and located, fenced and built in accordance with Article __ of the City of Ivanhoe Code of Ordinances. A private swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners, and shall be constructed below the average natural grade level.

117. Telephone and Exchange, Switching/Relay or Transmitting Station: A line for the Telephone and Exchange, Switching/Relay transmission of telephone signals and a central office in which telephone lines are connected to permit communication but not including a business office, storage, whether inside or outside, or repair yards.

118. Temporary: Used or lasting for only a limited period of time; not permanent.

119. Temporary Building: Any non-residential prefabricated structure which is not originally manufactured or constructed at its use site, required on-site installation of utilities and/or foundation.

120. Temporary Field Office or Construction Yard or Office: A structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment. Temporary permits for one (1) year for a specific time and location as determined may be issued by the City and shall be subject to review and renewal for reasonable cause.

121. Texas Commission on Environmental Quality (TCEQ): Formerly referred to as the Texas Natural Resource Conservation Commission (TNRCC), the name of which changed officially on September 1, 2002.

122. Theater or Playhouse (Indoor): A building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performances.

123. Tract: A single individual parcel or lot.

124. Trailer, Hauling: A vehicle or device which is pulled behind an automobile or truck and which is designed for hauling animals, produce, goods or commodities, including boats.

125. Trailer Home: See “Manufactured Housing, Mobile Home”.

126. Trailer or Mobile Home Space: See “Mobile Home Space”.

127. Trailer, Travel or Camping: A portable or mobile living unit which is used for temporary human occupancy away from the users' permanent place of residence, which does not constitute the users' principal place of residence, and which is designed to be towed behind another vehicle.

128. Transportation and Utility Structures and Facilities: Permanent facilities and structures operated by companies engaged in providing transportation and utility services including but not limited to railroad track rights-of-way, sewage pumping stations, telephone exchanges, transit station turnarounds, water reservoirs and water pumping stations.

129. Truck: A light or heavy load vehicle (see definitions for “Light Load Vehicle” and “Heavy Load Vehicle”).

130. Usable Open Space: An open area or recreational facility that is designed and intended to be used for outdoor living or recreation purposes. An area of usable open space shall have a slope not exceeding ten percent (10%), shall have no dimension of less than ten feet (10'), and may include landscaping, walks, recreational facilities, water features and decorative objects such as art work or fountains.

131. Use: The purpose for which land or buildings are or may be occupied in a zoning district.

132. Utility Distribution/Transmission Lines: Facilities which serve to distribute and transmit electrical power, gas and water, including but not limited to electrical transmission lines, gas transmission lines, telephone lines and metering stations, whether operated by the City or private utility company.

133. Variance: An adjustment in the application of the specific regulations of the Zoning Ordinance to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district; a variance is granted by the Zoning Board of Adjustment (ZBA) of the City of Ivanhoe.

134. City of: The City of Ivanhoe, Texas; also referred to as the “City”.

135. Wine: Any alcoholic beverage containing not more than twenty-one percent (21%) alcohol made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. “Wine” includes, but is not limited to, al sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term “wine” does not include Fortified Wine or cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage.

136. 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 where otherwise specifically provided in this Ordinance that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.

137. Yard, Front: A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building.

138. Yard, Rear: The area extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

139. Yard, Side: The area between the building and side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building.

140. Zoning Board of Adjustment: A board which is appointed by the City Council, and which is authorized to make special exceptions and variances to the Zoning Ordinance, and to hear and decide any appeals that allege error in an order, requirement, decision or determination made by an administrative official in the enforcement of the Zoning Ordinance. Also referred to as the “ZBA”.

141. Zoning District: A classification applied to any certain land area within the City stipulating the limitations and requirements of land usage and development.

142. Zoning District Map: The official map upon which the boundaries of the various zoning districts are drawn and which is an integral part of the Zoning Ordinance. (See Section 1.3, “Zoning District Map” and Section 1.4, “Zoning District Boundaries”).


VI. PENALTIES AND ENFORCEMENT

Section 6.1: Effect of Interpretation

A. In interpreting and applying the provisions of this Ordinance, they shall be held to the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties, provided, however, that where this

Ordinance imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by agreements, the provisions of this Ordinance shall govern.

Section 6.2: Preserving Rights in Pending Litigation & Violations Under Existing Ordinances

A. By the passage of this Ordinance, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be.

Section 6.3: Stop Orders

A. Whenever any work is being done contrary to the provisions of this article, the City may order the work stopped by notice in writing (referred to as a “Stop Work Order”) served on any persons engaged in the doing or causing such work to be done. The Stop Work Order shall be posted on the property adjacent to the activity in question, and any such person shall forthwith stop work until authorized by the City to proceed with the work.

Section 6.4: Permit Revocation

A. A violation of this article shall authorize the Mayor/City Administrator or their designee to cancel any permit depending in whole or in part on any approval under this article. If a permit is canceled, no further work shall be done on the project made the subject of the permit until the violation has been cured and new submittals under this article, as required by the Mayor/City

Administrator or their designee, have been made and approved in accordance with the provisions of this article and a new permit has been issued.

Section 6.5: Denial of Approvals and Permits

A. A violation of this article shall authorize the Mayor/City Administrator or their designee to deny any approvals or permits sought by the person violating this article.

Section 6.6: Penalties and Injunctive Relief

A. Any person violating this Article, upon conviction, is punishable by a fine in accordance with the following:

1. Civil and Criminal Penalties: The City shall have the power to administer and enforce the provisions of this Ordinance as may be required by governing law. Any person violating any provision of this Ordinance is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this Ordinance is hereby declared to be a nuisance.

2. Criminal Prosecution: Any person violating any provision of this Ordinance shall, upon conviction, be fined a sum not exceeding two thousand dollars ($2,000.00). Each day that a provision of this Ordinance is violated shall constitute a separate offense. An offense under this Ordinance is a misdemeanor.

3. Civil Remedies: Nothing in this Ordinance shall be construed as a waiver of the City’s right to bring a civil action to enforce the provisions of this Ordinance, and to seek remedies as allowed by law, including, but not limited to the following:

a. Injunctive relief to prevent specific conduct that violates the ordinance or to require specific conduct that is necessary for compliance with the ordinance; and

b. A civil penalty up to one thousand dollars ($1,000.00) a day (with each day constituting a separate offense and separate violation) when it is shown that the defendant was actually notified of the provisions of the ordinance and after receiving notice committed acts in violation of the ordinance or failed to take action necessary for compliance with the ordinance; and

c. Other available relief.

C. Any person violating this Article is subject to suit for injunction as well as prosecution for criminal violations.

Section 6.7: Validity

A. If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional.


Section 6.8: Effective Date

This ordinance shall be effective as of the date of its adoption.

PASSED AND ADOPTED by the City Council of the City of Ivanhoe, Texas on the ___th day of _______________, 2010.

(City’s Seal)

City of Ivanhoe, Texas

Zoning Ordinance

2009

Bill Preston, Mayor

City of Ivanhoe, Texas

ATTEST:

C.D. Woodrome, City Secretary

City of Ivanhoe, Texas

City of Ivanhoe, Texas Zoning Ordinance


APPENDIX A - IVANHOE DISTRICTS

Districts I, II, and III are single family residents only.

District 1 – SF/SFA/MH District II – SF/SFA District III-SF/MH

Camelot 1 Galahad 6 Tristan 1

Camelot 2 Galahad Estates 1 Tristan 3

Ivanhoe Ranchettes Galahad 7 Tristan 4

Ivanhoe Estates 1 Charmaine 1

Ivanhoe Estates 2 Charmaine 2

Ivanhoe Estates 3 Charmaine 3

Ivanhoe Estates 4 Charmaine 4

Charmaine 5

Charmaine 6

Charmaine 7

Charmaine 7A

Charmaine 8

Ivanhoe 1

Ivanhoe 2

Ivanhoe 3

Ivanhoe 4

Ivanhoe 5

Tristan 2

District IV – O/LR

40 acre tract owned by Rawson to be designated as commercial property. See attached map from the County Appraisal District.

District V – CUP

Tract of land belonging to the store (description attached) Conditional Use Permit.

SF Single family residential

MH Manufactured residential

SFA Single family attached residential

O Office

LR Local Retail

CUP Conditional Use Permit

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