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Landscaping
Application of this section.
(1) The landscaping section of this ordinance shall apply to all land located in the city, except as otherwise noted below. Such landscaping requirements shall become applicable as to each individual lot or tract of land at such time as an application for building permit on such lot or tract of land is made.

(2) A common development which includes more than one (1) lot shall be treated as one (1) lot for the purposes of satisfying the landscaping requirements of this section. Split ownership, planning in phases, construction in phases, and/or multiple building permits for a project shall not prevent it from being a common development as referred to above. A project planned in phases must have each phase in compliance with the ordinance.

(3) The requirements of this section shall not apply to the following:
(a) Single-Family Dwelling District A (SF-A).

(b) Single-Family Dwelling District B (SF-B).

(c) Two-Family Dwelling District C (2F-C).

(d) Building permits for the substantial restoration within a period of twelve (12) months of a building which has been damaged by fire, explosion, flood, tornado, riot, act of the public enemy, or accident of any kind.

(e) Building permits for remodeling as long as the roof and front, side and rear exterior walls of the building remain in the same location.

(f) Site development plans approved before July 2, 1984, and granted a building permit by September 1, 1984.

Landscaping requirements.
 
(1) Landscaping shall not obstruct the view between the street and the access drives and parking aisles near the front yard entries and exits, nor shall any landscaping which creates an obstruction of view be located within the radius of any curb return.

(2) All landscaping materials shall be appropriately contained within the property so as to prevent run-off of materials into the right-of-way or adjoining properties.

See § 3-88: Landscaping regulations for more detailed information.
New Territory and Land Subject to Zoning
(1) Any territory which may hereafter become part of the city shall be temporarily classified SF-A, Single-Family Dwelling District, until permanent zoning has been established by the city council in accordance with procedures used for the adoption of original zoning regulations.

(2) Whenever any street, alley or other public way not subject to zoning regulation is vacated by official action of the city council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all areas shall then and henceforth be subject to all regulations of the extended districts.
Nonconforming Uses or Structures
(1) Any use of property that does not conform to the regulations prescribed in the preceding sections and which shall have been in existence prior to the adoption of this chapter or which was nonconforming under the provisions of the previous ordinance and remains so under this chapter shall be called a nonconforming use.

(2) Any nonconforming use of land or buildings or any nonconforming structure may be continued for indefinite periods provided that the board of adjustment may prescribe definite periods of time for the discontinuance of a nonconforming use of land or building subject to such restrictions as the board of adjustment may require for the protection and preservation of adjoining property. A nonconforming use of land or building may be changed to another nonconforming use of the same or a more restrictive classification. If a change of a nonconforming use is made to a use in a more restrictive classification, the use shall not later be changed to a less restrictive classification and the less restrictive use shall be considered to have been abandoned.

(3) If a structure occupied by a nonconforming use is destroyed by fire, the elements or other cause, it may not be rebuilt except to conform to the provisions of this chapter. In the case of partial destruction of a nonconforming use not exceeding fifty (50) percent of its reasonable value, reconstruction will be permitted but the size or function of the nonconforming use cannot be expanded.

(4) A nonconforming use or structure shall not be expanded in any manner or form so as to increase the degree of nonconformity except when such change may be required by law or ordinance for the preservation of the health, safety and welfare of the community.

a. Single-family structures, that do not have the required two (2) covered parking spaces, may be expanded without a requirement to add or construct additional covered parking provided that:

1. Any addition does not result in the removal of existing required covered parking; and

2. The property has at least two (2) off-street parking spaces available; and

3. The square footage associated with any required covered parking, needed to bring the property into compliance with the zoning code, automatically be included in the property's "floor to area ratio" (FAR) and "lot coverage" calculations to allow for future construction of two (2) covered parking spaces.

i. No addition may be constructed that would prevent the construction of future covered parking structures.

ii. A site plan showing the provision for future covered parking shall be provided, along with the floor to area ratio and lot coverage calculations.

See § 3-89: Nonconforming uses or structures for more detailed information.
Parking
(1) Minimum off-street parking requirements for the hereafter specified nonresidential uses. See § 3-84(1) for details.

(2) A parking space shall be defined as an all-weather-surfaced area not located in any public rights-of-way, together with an all-weather-surfaced driveway connecting the area with a street or alley and permitting free ingress and egress thereto. All-weather-surfaces includes asphalt, concrete, flagstone, brick pavers, concrete pavers and similar materials. Any parking adjacent to a public street wherein the maneuvering is done on the public street shall not be classified as off-street parking in computing the parking area requirements for any use. Approval of a ratio of compact spaces to be provided in lieu of standard spaces.
 
(a) Parking stall dimensions shall be based on this table.
 

 
(b) Drive aisle dimensions shall be based on the following:
 



(3) Whenever any lot is used for off-street parking purposes incidental to any lawful use of property, the parking area and all access drives shall be surfaced with all-weather-surfaces, and the surface shall be maintained in good repair and free of debris, trash or other similar material or dirt.

(4) Any light used to illuminate a parking area shall be so arranged as not to be directed into any adjacent residential uses or residential districts.

(5) In computing the parking requirements for any building or development, the total parking requirements shall be the sum of the specific parking space requirements for each class of use included in a development.

(6) All retail and commercial structures shall provide and maintain off-street facilities for the loading and unloading of merchandise and goods within the building or on the lot adjacent or from a public alley or private service drive. Such space may be located in a drive or access aisles provided that the flow in and out of the facility are not restricted by its placement and not located in a dedicated or marked fire lane.

(7) Areas utilized for storage, mechanical rooms, restrooms, or other non-occupied spaces may be calculated using a ratio of one (1) space per space every seven hundred fifty (750) gross square feet.

(8) A reduction in the required number of off-street parking spaces may be authorized by the city council, after a recommendation from the architectural review board, as part of the final design review process.
 
(a) Any reduction in the number of off-street parking spaces shall be subject to a "parking mitigation fee" in the amount of twenty thousand dollars ($20,000.00) per space. Such fees shall be utilized to construct additional off-street parking, parking garages, or other project, intended to increase the number of parking spaces in the city to offset the loss of the required spaces.

(9) For parking areas located adjacent to Broadway there shall be no storage of trailers, recreational vehicles, delivery/service vehicles, boats, all-terrain vehicles or any vehicles which are displayed as "for sale", in such areas. Company service will be allowed to park in front along Broadway if no rear parking is available. Vehicles associated with a business located on the property shall be located to the rear of the property, behind the building, as to limit its visibility from Broadway.
Preserving Rights in Pending Litigation
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. It is further the intent and declared purpose of this ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the existing zoning ordinance was amended and this zoning ordinance adopted, shall be discharged or affected by such amendment; but prosecutions and suits for such offenses, liabilities, penalties or forfeiture may be instituted or causes presently pending proceeded with in all respects as if such prior ordinance had not been amended.

See ARTICLE XI: ADMINISTRATION for more detailed information.
Special Front Yard Regulations
(1) Where the frontage on one (1) side of a street between two (2) street intersections 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 block.

(2) The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eaves and roof extensions may encroach into the required front yard for a distance not to exceed four (4) feet beyond the permitted porch or wall plane.

(3) Where a lot has double frontage, running through from one (1) street to another, the front yard requirements of this section shall apply to any yard of such double frontage lot that is directly across a street from the front property line of another lot.

(4) Schools, churches and other permitted public or semi-public buildings when located in the MF-D, P, B or O-1 Districts may modify the required front yard minimum/maximum setbacks after a recommendation from the architectural review board and council approval as part of the final design review process.

(5) Gasoline service station pump islands shall be located not less than eighteen (18) feet from the front property line.

(6) Any property hereafter used for business purposes in the B Districts shall face and have its main entrance on Broadway or the Austin Highway according to which street provides the main access to such property.

(7) No fence, wall or other man-made, non-living barrier, other than the wall of a permitted structure, shall be erected or altered within the minimum required portion of a front yard in excess of three (3) feet in height measured from the lower side of the fence, wall or other barrier, or in excess of six (6) feet in height within the remaining portion of a front yard measured from the lower side of such fence, wall or other barrier. When the grade of the land adjacent to the location of a fence, wall or other barrier has been altered from its natural condition, the director shall determine the permissible height of a fence, wall or other barrier from the director's projection of the natural grade of the land. Any fence constructed shall have the "finished side" or "non-structural side" facing street rights-of-way.
Special Rear Yard Regulations
(1) Every part of a required rear yard for main structures shall be open and unobstructed except for permitted accessory buildings and ordinary projections of window sills, roof eaves or overhangs, belt courses, cornices and other architectural features projecting not to exceed four (4) feet into the required rear yard.
 
a. Accessory structure roof eaves or overhangs are required to have a minimum two-foot rear setback from the property line.

(2) A detached garage or other permitted accessory building shall provide a minimum rear yard of three (3) feet.

(3) Schools, churches and other permitted public or semi-public buildings when located in the SF-A, SF-B, 2F-C or MF-D Districts, shall provide a minimum rear yard of twenty (20) feet.

(4) No fence or wall, other than the walls of a permitted structure, shall be erected or altered in any rear yard to exceed a height of eight (8) feet measured from the lower side of such fence, wall or other structure. When the grade of the land adjacent to the location of a fence, wall or other barrier has been altered from its natural condition, the city's building official shall determine the permissible height of a fence, wall or other barrier from the projection of the natural grade of the land. Any fence constructed shall have the "finished side" or "non-structural side" facing street rights-of-way.

(5) Air conditioning units and pool units are allowed to encroach into any required rear yard setback. Such units shall be located as close to the structure as possible, and in no case shall they be located closer than three (3) feet to the property line or fence.
Special Side Yard Regulations
(1) Schools, churches and other permitted public or semi-public buildings when located in the SF-A, SF-B, 2F-C, Districts, shall provide a minimum side yard of twenty-five (25) feet.

(2) Schools, churches and other permitted public or semi-public buildings when located in the MF-D, P, B or O-1 Districts may modify the required front yard minimum/maximum setbacks after a recommendation from the architectural review board and council approval as part of the final design review process.

(3) Detached garages or other detached accessory buildings shall be located not less than four (4) feet from the main building and shall not be less than three (3) feet from the side property line.
 
a. Every part of a required side yard for main structures shall be open and unobstructed except for the ordinary projections of window sills, roof eaves or overhangs, belt courses, cornices, roofs and other architectural features projecting not to exceed four (4) feet into the required side yard but not less than five (5) feet from the property line.

b. Accessory structure roof eaves or overhangs are required to have a minimum two-foot side setback from the property line.

(4) No fence, wall or other man-made, non-living barrier, other than the wall of a permitted structure, shall be erected or altered in any side yard in excess of eight (8) feet in height measured from the lower side of such fence, wall or other barrier. When the grade of the land adjacent to the location of a fence, wall or other barrier has been altered from its natural condition, the building official shall determine the permissible height of a fence, wall or other barrier from the projection of the natural grade of the land. Any fence constructed shall have the "finished side" or "non-structural side" facing street rights-of-way.

(5) Air conditioning units and pool units are allowed to encroach into any required side yard setback. Such units shall be located as close to the structure as possible, and in no case shall they be located closer than three (3) feet to the property line or fence.