City of Houston, MN Zoning Ordinance ORDINANCE NO. 198

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1 ORDINANCE NO. 198 AN ORDINANCE AMENDING THE CITY OF HOUSTON CODE FOR REGULATING THE USE OF LAND WITHIN THE CORPORATE LIMITS THEREOF, CONSISTENT WITH A COMPREHENSIVE LAND USE PLAN, ESTABLISHMENT OF ZONING DISTRICTS, INCORPORATING TECHNICAL GUIDELINES FOR CONSTRUCTION AND MAINTENANCE OF STRUCTURES, ADMINISTRATIVE PROCEDURES AND REMEDIES FOR IMPLEMENTATION AND ENFORCEMENT, AND PENALTIES FOR VIOLATION THEREOF. The City Council of the City of Houston, Minnesota, hereby ordains: SECTION I. INTENT AND PURPOSE A. Authority. This ordinance is enacted as authorized by and pursuant to Minnesota Statutes, Chapter 462. B. Purpose. It is the purpose of this ordinance to promote the health, safety, convenience, morals, and general welfare of the residents of the City of Houston through the orderly planned improvement of real property, public and private, so as to assure the safety, value and aesthetic qualities thereof. SECTION II. JURISDICTION, SCOPE, APPLICATION, & INTERPRETATION A. Jurisdiction. The jurisdiction of this Ordinance shall apply to all the area within the city limits of Houston as on file at City Hall. B. Scope. From and after the effective date of this Ordinance, the use of all land and every building or portion of a building erected, altered in respect to height and area, added to or relocated, and every use within a building or use accessory thereto in the City shall be in conformity with the provisions of this Ordinance. Any existing building or structure and any existing use of properties not in conformity with the regulations listed herein, shall be regarded as non-conforming, but may be continued, extended or changed, subject to the regulations herein provided with respect to nonconforming properties or uses as referenced in Section IV, subdivision D. C. Application and Interpretation. In interpreting and applying the provisions of this Ordinance, they shall be held to the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of this Ordinance impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this Ordinance shall be controlling. D. Review Fees. All applications for development approval submitted to the City under these regulations shall be accompanied by payment of a fee as adopted by the City Council from time to time to defray the costs incurred by the City in reviewing the application. No application shall be considered to be complete and subject to review by the City until such fee has been paid. In addition to the fees adopted by the City Council, all applicants for development approval shall reimburse the City for reasonable costs incurred as a result of the application s review by a legal, engineering, or other special consultant, provided that the applicant is notified of the Page 1 of 54

2 need to retain such special consultant and agrees to such retention. Payment of these fees shall be made prior to a final vote or decision by the City Council or the Zoning Administrator on a given development application. The Zoning Administrator shall maintain a current list of review fees that shall be available upon request. SECTION III. RULES AND DEFINITIONS A. Rules. Interpretation of Terminology: 1. For the purpose of this Ordinance, words used in the present tense shall include the future. Words in the singular shall include the plural, and the plural the singular. 2. The word "person" shall include a firm, association, organization, partnership, trust, company, or corporation as well as an individual. 3. The word "shall" is mandatory and not discretionary. 4. The word "may" is permissive. 5. The word "lot" shall include the word "plot", "piece", and "parcel." 6. The masculine gender includes the feminine and neuter genders. 7. All distances, unless otherwise specified, shall be measured horizontally. 8. All technical definitions not specifically addressed in this ordinance will be referred to the Minnesota State Building Code. B. Definitions. 1. Accessory Building means a structure or portion of a structure subordinate to and serving the principal use of a structure on the same lot and customarily incidental thereto and, because of its use, can reasonably be located at or greater than normal structure setbacks. 2. Accessory Use means a use naturally and normally incidental to, subordinate to, and auxiliary to the principal permitted use of the premises. 3. Agriculture means the cultivation of the soil and activities incidental thereto; the growing of soil crops in the customary manner on open tracts of land or other growing methods; the accessory raising of livestock and poultry; farming. The term shall include incidental retail selling by the producer of products raised on the premises, provided that space necessary for parking of vehicles of customers shall be furnished off the public right-of-way. 4. Alley means any dedicated public way providing a secondary means of ingress and/or egress to land or structures thereon. Page 2 of 54

3 5. Basement means that portion of a floor of a building that is wholly or partially, up to fifty percent (50%) of the floor area underground or below grade. 6. Bed and Breakfast House means a dwelling, other than a hotel or motel, where lodging and breakfast are provided to transient guests by a resident family for compensation. 7. Boarding or Rooming House means any dwelling other than a hotel or motel where meals or lodgings and meals for compensation are provided for five (5) or more persons, pursuant to previous arrangements. 8. Building means any structure for the shelter, support, or enclosure of persons, animals, chattel or property of any kind. 9. Buildable Area means that part of the lot remaining after required yards have been provided. 10. Building, Principal means a building or structure in which is conducted the main or principal use of the lot on which said building or structure is situated. 11. Building Setback Line means the front line of the building or the legally established line that determines the location of the building with respect to the street line or lot line. 12. Building Site means any lot, or portion thereof, or two or more contiguous lots or portions thereof, or a parcel of land upon which an industrial or commercial building or buildings and appurtenant structures may be erected in conformance with the requirements of these protective covenants, the size and the dimensions of which are determined by the legal descriptions in the original conveyance from the City of Houston to the first fee owner of each parcel. 13. Bulk and Density Controls mean those regulations or controls which specify the setback lines, lot size, building height, maximum ground coverage, and lot width and lot depth. 14. Central Commercial District means that portion of the city which clearly houses the major concentration of commercial and service activities. 15. Clinic means a public or proprietary institution providing diagnostic, therapeutic or preventive treatment of ambulatory patients by a doctor(s) acting in concert and in the same building for the purposes aforesaid. 16. Closed construction means any building manufactured in such a manner that all portions cannot be readily inspected at the installation site without disassembly, damage to, or destruction thereof. 17. Commercial Use means the principal use of land or buildings for the sale, lease, rental, or trade of products, goods and services. 18. Council (City) means the duly elected and qualified governing body of the City of Houston, Minnesota. Page 3 of 54

4 19. Depth of Rear Yard means the average horizontal distance between the rear line of the building and the center line of an alley, where an alley exists, or, in other areas, a rear lot line. 20. District (Zoning) means any section of the incorporated area of the City of Houston within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Ordinance. 21. Dwelling Site means a designated location for residential use by one or more persons using temporary or movable shelter including camping and recreational vehicle sites. 22. Dwelling Unit means any structure or portion of a structure, or other shelter designed as short or long-term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins. However, recreational vehicles or tents shall not be considered a dwelling for the purpose of this Ordinance. 23. Dwelling, Multiple means a building designed with three (3) or more units for occupancy by three (3) or more families living independently of each other but sharing hallways and main entrances and exits. 24. Dwelling, Single Family means a dwelling occupied by only one (1) family and so designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities for one (1) family only. 25. Dwelling, Two Family means a dwelling so designed and arranged to provide cooking and kitchen accommodations, sanitary facilities and separate entrances for occupancy by two (2) families. 26. Easement means a grant by a property owner for the use of a strip of land for the purpose of construction and maintaining utilities, including but not limited to sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage ways and gas lines. 27. Essential Services means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions, of underground or overhead gas, electrical, communication, steam or water transmissions or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, and other similar equipment and accessories in connection therewith (but not including buildings) reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health, safety or general welfare. 28. Family means any number of persons living together in a room or rooms comprising a single housekeeping unit and related by blood, marriage, adoption or any unrelated persons who resides therein as though a member of the family including the domestic employees thereof. Any group of persons not so related but inhabiting a single house shall, for the purpose of this Ordinance, be considered to constitute one Page 4 of 54

5 family for each five (5) persons, exclusive of domestic employees, contained in each such group. 29. Farmstead means that area which includes the farm dwelling and other buildings in close proximity to the farm dwelling. 30. Feed Lot means an enclosure for the purpose of feeding poultry, livestock, mink and other fur bearing animals, where such enclosure does not or is not intended to provide natural pasture for the animals and where the feed lot operation is not accessory or incidental to a primary agricultural use. 31. Floor Area, Ground means the area within the exterior walls of the main building or structure as measured from the outside walls at the ground level, not including garages or enclosed or unenclosed porches and not including attached utility or accessory rooms having three (3) or more exterior sides. 32. Footing depth for frost protection. In the absence of a determination by an engineer competent in soil mechanics, the minimum allowable footing depth in feet due to freezing is 3 ½ feet in Zone II, which includes Houston County. 33. Garage, Private means a garage with the capacity of not more than three (3) power driven vehicles for storage only and which is erected as an accessory building. 34. Garage, Public means any premises except those described as a private or community garage, used for storage or care of power driven vehicles, or where any such vehicles are equipped for operation, repair, or kept for remuneration, hire or sale. 35. Gasoline Service Station means a building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities for motor vehicles, and including the customary space and facilities for the installation of such commodities on or in such vehicles, but not including special facilities for the painting, major repair or similar servicing thereof. 36. Green Belt means an area of natural growth such as grass, trees, shrubs, etc. 37. Group Home means a state licensed group home or foster home serving six (6) or fewer mentally or physically challenged persons. 38. Hardship means the same as that term defined in Minnesota Statutes. 39. Height of Building means the vertical distance between the highest adjoining ground level at the building and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof. 40. Highway Commercial Business means business or businesses that provide commercial or service activities that are primarily oriented toward automobile traffic. Page 5 of 54

6 41. Home Occupation means any occupation of a service character which is clearly secondary to the main use of the premises as a dwelling and does not change the character thereof or exhibit any exterior evidence of such secondary use. The occupation shall be carried on or conducted only by the members of a family residing in the dwelling and in connection with which there is kept no stock in trade or commodity for sale on the premises. 42. Industrial Use means the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. 43. Industrialized/modular building means a building of closed construction, constructed so that concealed parts or processes of manufacture cannot be inspected at the site, without disassembly, damage, or destruction, and made or assembled in manufacturing facilities, off the building site, for installation, or assembly and installation, on the building site. Industrialized/modular building includes, but is not limited to, modular housing that is factory-built single-family and multifamily housing, including closed wall panelized housing, and other modular, nonresidential building. Industrialized/modular building does not include a structure subject to the requirements of the National Manufactured Home Construction and Safety Standards Act of 1974 or prefabricated buildings, as defined in part , subpart Junk Yard means a place maintained for keeping, storing, or piling in commercial quantities, whether temporarily, irregularly, or continually; buying or selling at retail or wholesale any old, used or secondhand material of any kind, including used motor vehicles, machinery, and/or parts thereof, cloth, rags, clothing, paper, rubbish, bottles, rubber, iron or other metals, or articles which from its worn condition render it practically useless for the purpose for which it was made and which is commonly classed as junk. This shall include a lot or yard for the keeping of unlicensed motor vehicles or machinery or the remains thereof for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. This shall not prohibit the keeping of one (1) unlicensed motor vehicle within a garage or other structure in residential districts. 45. Lot means a parcel of land designated by plat, metes and bounds, registered land survey, auditor s plot, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation. lines. 46. Lot Area means the total land area of the lot contained within the lot 47. Lot, Corner means a lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed one hundred thirty five (135) degrees. 48. Lot, Coverage means the area of the zoning lot occupied by the principal buildings and accessory buildings. Earth berms are not to be included in calculating lot coverage. Page 6 of 54

7 49. Lot, Double Frontage means an interior lot having frontage on two (2) parallel non-intersecting streets. 50. Lot, Interior means a lot other than a corner lot. 51. Lot Line means a property boundary line of any lot as defined herein. When a lot line abuts on a street, avenue, park or other public property except an alley, such line shall be known as a street line, and when a lot line abuts on an alley, it shall be known as an alley line. 52. Lot Width means the shortest distance between lot lines measured at the midpoint of the building line. 53. Lot of Record means a lot which is part of a subdivision, the map of which has been recorded in the office of the Houston County Recorder or a lot described by metes and bounds, the deed to which has been recorded in the office of the Houston County Recorder. 54. Manufactured Home means a structure transportable in one or more sections, which in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under Minnesota Statutes, chapter Mobile home. Mobile home is synonymous with manufactured home whenever it appears in Minnesota Rules parts to and in other documents or on construction or installation seals. 56. Manufactured Home Park means any site, lot, field, or tract of land at least four (4) acres in size and under single ownership, designed, maintained or intended for the placement of manufactured homes. "Manufactured Home Park" shall include any buildings, structure, vehicle, or enclosure intended for use as part of the equipment of such manufactured home park. 57. Manufactured Home Stand means the part of an individual home lot that has been reserved for placement of the manufactured home, appurtenant structures, or additions. 58. Motel or Motor Court means a business comprising a series of attached semi-detached or detached rental units with or without eating facilities for the overnight accommodation of transient guests. 59. Non-Conforming Building, Structure, or Use means any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted Page 7 of 54

8 to become established under terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized. 60. Open construction means any building manufactured in such a manner that all portions can be readily inspected at the installation site without disassembly, damage to, or destruction of the building. 61. Open Space means land areas which are undeveloped and left in their natural states. 62. Owner or Property Owner means the fee owner of land, or the beneficial owner of land, whose interest is primarily one of ownership or possession and enjoyment in contemplation of ultimate ownership. The term includes, but is not limited to, mortgages and vendees under a contract for deed. 63. Parking Space means an area of not less than two hundred (200) square feet, plus adequate access drives to streets. 64. Permitted Use means a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements and performance standards (if any) of such districts. 65. Person means any individual, corporation, firm, partnership, association, organization or other group acting as a unit. It also includes any executor, administrator, trustee, receiver or other representative appointed by law. Whenever the word "person" is used in any section prescribing a penalty or fine, it shall include partners or members of any corporation, who are responsible for the violation. 66. Planning Commission means the City of Houston Planning Commission. 67. Prefabricated building. Prefabricated building means any building or building module intended for use as an R-1 or R-2, one- or two-family dwelling, or an accessory building, which is of closed construction and which is constructed, on or off the building site, for installation, or assembly and installation, on the building site, but does not include relocatable contractor s offices or storage buildings that are 1,500 square feet or less in floor area, that are designed for temporary use by a contractor at a construction site, that are not to be used by the general public or as a sales office, and that will be removed prior to or upon completion of the construction project. 68. Public/Public Service Building means buildings which are designed, constructed, and maintained for and by the public. These buildings may include city halls, city garage, county buildings, well and pump houses, water towers and community halls. 69. Road means a public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated. 70. Screening means the use of plant material, fences, or earthen berms to partially conceal and separate a land use from the surrounding land uses. Page 8 of 54

9 71. Semi-Public Buildings means those facilities which are partially public in nature, i.e. churches, schools, etc. 72. Semi-Public Use means the use of land by a private, non-profit organization to provide a public service that is ordinarily open to some persons outside the regular consistency of the organization. 73. Setback means the minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility. 74. Sewer System means pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. 75. Sewage Treatment System means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Section XII Subdivision J of this Ordinance. 76. Sign means any letters, figures, design, symbol, trademark, architectural or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever and painted, printed, or constructed and displayed in any manner whatsoever for recognized advertising purposes. For purposes of this Ordinance, a flag constitutes a sign, but not including an emblem or insignia of a government, school or religious group when displayed for official purposes. 77. Sign, Advertising means a sign which directs attention to a business, commodity, service, activity or entertainment not necessarily conducted, sold or offered upon the premises where such a sign is located. 78. Sign, Business means a sign that directs attention to a business or profession or to a commodity, service or entertainment sold or offered upon the premises where such a sign is located. 79. Sign, Flashing means any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use. 80. Sign, Name Plate means any sign, other than a wall sign, which projects from and is supported by a wall of a building or structure. 81. Sign, Projecting means a sign, other than a wall sign, which projects from and is supported by a wall of a building or structure. 82. Sign, Pylon means a freestanding sign erected upon a single pylon or post which is in excess of ten (10) feet in height with a sign mounted on top thereof. 83. Sign, Rotating means a sign which revolves or rotates on its axis by mechanical means. Page 9 of 54

10 84. Sign, Surface Area Of means the entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface. It does not include any structural elements outside of the limits of such sign and not forming an integral part of the display. 85. Sign, Flat Wall means a sign affixed directly to the exterior wall and confined within the limits thereof of any building and which projects from that surface less than eighteen (18) inches at all points. 86. Special Use means a land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in the zoning ordinance exist, the use or development conforms to the comprehensive land use plan of Houston, and the use is compatible with the existing neighborhood. 87. Special Use Permit means a permit issued by the City Council in accordance with procedures specified in this Ordinance which would enable the City Council to attach appropriate restrictions to a proposed use or conditions surrounding it. 88. Story means that portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, the space between the floor and the ceiling next above it. If the finished floor level directly above a basement or cellar or unused under floor space is more than six (6) feet above grade for more than fifty percent (50%) of its perimeter, or is more than twelve (12) feet above grade at any point, such basement, cellar or unused under floor space is a story. 89. Structure means anything constructed or erected, the use of which requires permanent location on the ground, or to something having permanent location on the ground, including advertising devices or other construction or erection with special function or form, except fences or walks. 90. Structural Alterations means any change in the supporting members of a building, such as bearing walls, columns, beams or girders. lease. 91. Subdivision means land that is divided for the purpose of sale, rent, or 92. Variance means a modification or variation of the strict provisions of this Ordinance, as applied to a specific piece of property in order to provide relief for a property owner because of undue hardship or particular difficulty imposed upon him by this Ordinance. Economic considerations alone shall not constitute a hardship. A variance shall normally be limited to height, bulk, density and yard requirements. A modification in the allowable uses within a district must be done as a zoning ordinance amendment and not through a variance. "Use Variances" are prohibited. 93. Yard means any space in the same lot with a building open and unobstructed from the ground to the sky. Page 10 of 54

11 94. Yard, Front means an open unoccupied space on the same lot with a building, extending the full width of the lot and situated between the street line and the front of the building projected to the side lines of the lot. 95. Yard, Rear means an unoccupied open space, except for accessory buildings, on the same lot with a building between the rear lines of the building and the rear line of the lot, for the full width of the lot. 96. Yard, Side means an open unoccupied space on the same lot with a building between the building and side line of the lot, and extending from the front yard to the rear yard. SECTION IV. GENERAL PROVISIONS A. Lots of Record. All lots which are part of a subdivision legally recorded with the Houston County Recorder, and lot or lots described by metes and bounds, the deed to which has been recorded in the office of the Houston County Recorder prior to the passage of this Ordinance and conform to the performance standards of the Zoning Ordinance in effect at the time the lot is recorded, shall be considered to be Lots of Record and shall thereby be considered to be a legally build able lot even though such lot or lots may not conform to the minimum requirements of this Ordinance. All sanitary and setback requirements of the City shall be complied with insofar as practical as determined by the City Council. B. Dwelling Unit Restrictions. 1. No dwelling unit shall be less than twenty (20) feet in width at its narrowest side in any district except as provided for in the R-2 District with the granting of a Special Use Permit for the establishment of a manufactured home park and as further regulated in Section XII, Subdivision J. 2. All dwellings shall be built upon, placed upon, or affixed to a permanent foundation. 3. No basement, except when used as a portion of the living space of the family or as an earth sheltered home, cellar, garage, tent or accessory building shall at any time be used as a residence or dwelling unit, temporarily or permanently. 4. No structure of a temporary character, trailer, tent or shack shall be constructed, placed or maintained upon the property, except accessory to and during construction of permanent buildings. 5. On a double frontage lot (a lot fronting on two (2) parallel streets) or a corner lot, both street lot lines shall be front lot lines for applying yard and parking requirements. 6. Appearance requirements: a. the roof of the structure shall be pitched or hipped and shall be shingled or appear to be shingled. Other roofing materials designed for Page 11 of 54

12 residential construction (including but not limited to metal, wood shakes, or slate panels) are allowed with the approval of the Planning Commission. Re-roofing should comply with the City Zoning Ordinance. b. the exterior walls shall be constructed or wood or masonry or appear to be constructed or wood or masonry c. the dwelling should face the street or appear to face the street, which means that usually the long axis will be parallel to the street d. for all new platting and construction the exterior appearance of all buildings must aesthetically blend with the surrounding area. 7. Exterior Finish of Structures. It shall be unlawful to permit the exterior of buildings to remain incomplete. a. Exterior Completion. The exterior finish on all commercial and residential structures and their accessory buildings shall be completed within six months of the date the building permit is issued. Refinishing of existing buildings shall be completed within six months of the start of work. Any owner of a structure that does not comply with this code at the time of the code s passage, shall have six months from the date of written notification of such to bring the structure into compliance. Tar paper, unfinished plywood, fiberboard insulation, foam insulation, brown coat or scratch coat of stucco, plastic sheeting, and other similar materials not designed to be an exterior finish shall not be considered an acceptable exterior finish. The zoning administrator may grant up to a 90-day extension if there is an unusual hardship, such as bad weather. Further extension of time must be approved by the City Council. 8. All other requirements of applicable state and federal regulations and this ordinance are met. C. Building Drainage. All roof drainage systems shall be so designed that the discharge will not drain toward adjoining properties nor shall any roof drainage system or extension thereof, be permitted to extend into any street right of way. D. Non-Conforming Uses. 1. The lawful use of a building or structure existing at the time of the adoption of this Ordinance may be continued although such use does not conform to the district provisions herein. 2. A non-conforming use may be extended throughout the building or structure, provided no structural alterations or changes are made therein, except those required by law or ordinance or such as may be required for safety, or such as may be necessary to secure or ensure the continued advantageous use of the building during its natural life. Page 12 of 54

13 3. The non-conforming use of land shall not in any way be expanded or extended either on the same or adjoining property. 4. Any non-conforming building or structure damaged more than fifty percent (50%) of the County Assessor's Estimated Market Value, exclusive of foundations at the time of damage by whatever means, shall not be restored or reconstructed and used as before such happening; but, if it is less than fifty percent (50%) damaged above the foundation, it may be restored, reconstructed or used as before provided that it is done as soon as possible or within twelve (12) months of such happening and that it be built of like or similar materials, or the architectural design and building materials are approved by the Planning Commission. 5. A non-conforming use cannot be changed to a comparable non-conforming use. Whenever a non-conforming use has been changed to a conforming use, or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a non-conforming use in a less restrictive district. 6. In the event that a non-conforming use of any building or building and land is discontinued for a period of one (1) year, the use of the same shall conform thereafter to the uses permitted in the district in which it is located. 7. Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations that do not extend or intensify the non-conforming use. 8. Any proposed structure which becomes non-conforming but for which a zoning permit has been lawfully granted prior to the effective date of this Ordinance, may be completed in accordance with the approved plans; provided construction is started within sixty (60) days of the effective date of this Ordinance, is not abandoned for a period of more than one hundred twenty (120) days, and continues to completion within two (2) years. Such structure and use shall thereafter be a legally nonconforming structure and use. E. Uses Not Provided for Within Zoning Districts (Prohibited Use). Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such case the City Council, the Planning Commission, or a property owner may request a study by the city to determine if the use is acceptable and if so what zoning would be most appropriate and the determination as to conditions and standards relating to development of the use. The Houston Planning Commission, upon receipt of the staff study may, if appropriate, initiate an amendment to the Zoning Ordinance to provide for the particular use under consideration or may find that the use is not compatible for development within the city. SECTION V. CLASSIFICATION OF DISTRICTS AND THEIR PROVISIONS A. Zoning Districts. Zoning districts are designed to assist in carrying out the intents and purposes of this Ordinance. For purposes of this ordinance, the City of Houston is hereby divided into the following Zoning Districts. Page 13 of 54

14 Symbol Name A Agricultural District R-1 Single Family Residential District R-2 Multiple Family Residential District C Central Commercial District HC Highway Commercial District I Industrial District B. Zoning Map. The location and boundaries of the districts established by this ordinance are hereby set forth on the zoning map which is hereby made a part of this ordinance. Said map shall be known as the "City of Houston Zoning Map." Said map, consisting of sheet(s) and all notations, references and data shown thereon are hereby incorporated by reference into this Ordinance and shall be as much a part of it as if all were fully described herein. It shall be the responsibility of the Zoning Administrator to maintain said map and amendments thereto shall be recorded on said Zoning Map within forty-five (45) days after official adoption and publication of such amendments. The official Zoning Map shall be kept on file at City Hall. C. District Boundaries. The boundaries of districts are the centerlines of streets; the centerlines of alleys; the rear lot lines where there are not alleys; the sidelines of recorded lots or designated distances where land is unplatted. D. Appeals as to District Boundaries. Appeals from any administrative officer's determination of the exact location of district boundary lines shall be heard by the Board of Adjustment for a judgment as to the location of the district boundaries. Section VI. AGRICULTURAL DISTRICT A. Purpose. The "A" Agricultural District is intended to provide a district which will (1) allow areas within the City of Houston corporate limits to be retained in agricultural use; (2) prevent scattered, non-farm growth; (3) preserve woodlands and other areas of aesthetic and scenic value which, because of their physical features, are desirable as water retention areas, natural habitat for plant and animal life, green space or other uses beneficial to the City. B. Permitted Uses. 1. One farm residence, related farm buildings 2. Field crops and horticulture 3. Farm drainage and irrigation systems 4. Roadside stands for the sale of agricultural products 5. Public recreation areas Page 14 of 54

15 6. Bed and Breakfast home C. Permitted Accessory Structures. 1. Private garages 2. Accessory buildings or structures which are clearly incidental to any of the uses listed above but must be located on the same property D. Special Uses 1. Home occupations 2. Nursery and garden supplies E. Performance Standards Lot Area Minimum Lot Width Minimum Front Yard - setback from rights-of-way Side Setback Yard Rear Setback Yard Building Height Restrictions 5 acres 150 feet at the building setback line 70 feet from State Hwy. 50 feet from County Hwy. 30 feet from City Street 10 feet 50 feet 35 feet or 2 1/2 stories * additional requirements for signs, parking, and other uses are set forth in section XII. SECTION VII. SINGLE FAMILY RESIDENTIAL DISTRICT (R-1) A. Purpose. The purpose of the R-1 Single Family Residential District is to permit the development of low density residential dwellings in the community; to provide reasonable standards for such development; to avoid overcrowding; and to prohibit the use of land which would be incompatible with or detrimental to the essential residential character of such district. B. Permitted Uses. 1. Single family and two family dwellings 2. Professional offices 3. Public recreation areas including parks and playgrounds 4. Historic sites Page 15 of 54

16 5. Essential services (see definition) C. Permitted Accessory Structures 1. Private garages and carports 2. Maintenance of dogs or cats or other household pets subject to licensing requirements, health regulations and other applicable ordinances of the City 3. Tool houses and similar buildings for storage of domestic equipment and non-commercial recreational equipment D. Special Uses 1. Churches, chapels, temples, and synagogues 2. Public or private schools 3. Public recreational facilities; indoor or outdoor 4. Cemeteries and funeral homes 5. Home occupations 6. Nursing homes, hospitals, and sanitariums 7. Licensed Day Care facilities with twelve or fewer children 8. Multiple family dwellings containing no more than six (6) dwelling units E. Performance Standards Lot Area Minimum Lot Width Minimum Front Yard - setback from rights-of-way Side Setback Yard Rear Setback Yard Building Height Restrictions 7,200 square feet 50 feet 70 feet from State Hwy. 50 feet from County Hwy. 30 feet from City Street 5 feet 20 feet 35 feet or 2 1/2 stories * additional requirements for signs, parking, and other uses are set forth in section XII. F. Additional Setback Standards 1. Setbacks for garages located along an alleyway: Page 16 of 54

17 a. if the car access to the garage is at a 90 o or perpendicular to the alleyway, then the setback of the garage shall be no less than 20' from the rear property line b. if the car access to the garage is parallel to the alleyway, the setback of the garage shall be no less than 5' from the rear property line 2. Exceptions to the principal structure setback requirements in "E" above may be allowed without the granting of a variance if the following circumstances exist: a. where structures exist on adjoining side lots of a proposed building site, then the setback requirement shall conform to the setbacks of those structures existing on the adjoining side lots b. or in the case of rebuilding a destroyed building, providing it does not involve a non-conforming use, then the structure setback may be the same as existed prior to its destruction SECTION VIII. MULTIPLE FAMILY RESIDENTIAL DISTRICT (R-2) A. Purpose. The purpose of the R-2 Multiple Family Residential District is to establish residential areas which will allow multiple family dwellings (apartments, row houses, townhouses, etc.) in those areas where such development is compatible with the Land Use Plan and which will maintain optimum space, height and lot requirements approximating the standards of single family residential development. B. Permitted Uses 1. Single family and two family dwellings 2. Professional offices 3. Public recreation areas including parks and playgrounds 4. Historic sites 5. Essential services (see definition) 6. Multiple family dwellings containing no more than six (6) dwelling units C. Permitted Accessory Structures 1. Private garages and carports Page 17 of 54

18 2. Maintenance of dogs or cats or other household pets subject to licensing requirements, health regulations and other applicable ordinances of the City 3. Tool houses and similar buildings for storage of domestic equipment and non-commercial recreational equipment D. Special Uses 1. Churches, chapels, temples, and synagogues 2. Public or private schools 3. Public recreational facilities; indoor or outdoor 4. Cemeteries and funeral homes 5. Home occupations 6. Nursing homes, hospitals, and sanitariums 7. Multiple family dwellings containing seven (7) dwellings or more 8. Licensed Day Care facilities with sixteen or fewer children 9. Manufactured home parks (see section XII, subdivision L) E. Performance Standards Lot Area Minimum Lot Width Minimum Front Yard - setback from rights-of-way Side Setback Yard Rear Setback Yard Building Height Restrictions 10,000 square feet 60 feet 70 feet from State Hwy. 50 feet from County Hwy. 30 feet from City Street 5 feet 20 feet 35 feet or 2 1/2 stories F. Additional Setback Standards 1. Setbacks for garages located along an alleyway: a. if the car access to the garage is at a 90 o or perpendicular to the alleyway, then the setback of the garage shall be no less than 20' from the rear property line Page 18 of 54

19 b. if the car access to the garage is parallel to the alleyway, the setback of the garage shall be no less than 5' from the rear property line 2. Exceptions to the principal structure setback requirements in "E" above may be allowed without the granting of a variance if the following circumstances exist: a. where structures exist on adjoining side lots of a proposed building site, then the setback requirement shall conform to the setbacks of those structures existing on the adjoining side lots b. or in the case of rebuilding a destroyed building, providing it does not involve a non-conforming use, then the structure setback may be the same as existed prior to its destruction SECTION IX. CENTRAL COMMERCIAL DISTRICT (C) A. Purpose. The "C" or Central Commercial District is intended to provide an area for retail stores and offices which are mutually compatible and which gain economic advantage from close proximity to each other. The economic welfare of this District depends on intense retail and office development. B. Permitted Uses. 1. Banks, finance, insurance, and real estate services 2. Professional offices such as medical and dental clinics, architects' and attorneys' offices 3. Retail establishments such as groceries, bakery, department stores, hardware, drug stores, clothing and furniture stores, flower shops 4. Personal services such as laundry, barber, shoe repair shop, and photography studios 5. Restaurants, cafes, supper clubs, taverns, excluding drive-ins 6. Repair services such as jewelry, radio, and television repair shops 7. Services such as theaters and art galleries 8. Public and semi-public buildings such as post office, city hall, community center, fire, ambulance and police stations 9. Hospitals and medical centers Page 19 of 54

20 C. Permitted Accessory Structures or Uses. 1. Uses incidental to the principal uses such as off-street parking, loading and unloading areas D. Special Uses 1. Apartment units as an integral part of commercial structures and are located on the upper floors of the structure 2. Veterinary or animal clinics 3. Publicly owned and operated recycling facilities E. Performance Standards Lot Area Minimum Lot Width Minimum Front Yard - setback from rights-of-way Side Setback Yard Rear Setback Yard Building Height Restrictions no minimum no minimum 10 feet or the average setback of those buildings located on either side of proposed use 50 feet from the R-1 and R-2 Dists. 25 feet from the R-1 and R-2 Dists. 35 feet or 2 stories * additional requirements for signs, parking, and other uses are set forth in section XII. SECTION X. HIGHWAY COMMERCIAL DISTRICT (HC) A. Purpose. The "HC" Highway Commercial District is intended to provide a district allowing for the development of highway oriented businesses and uses that require concentrations of automobile traffic closely related to existing urban areas or major transportation routes. The district is also intended to accommodate those commercial uses that may be incompatible with predominantly retail uses permitted in the other business district and whose service is not confined to any one neighborhood or community. B. Permitted Uses. 1. Auto sales and service 2. Automobile service stations, repair shops, tire and battery sales Page 20 of 54

21 3. Bowling alleys, billiard and pool halls, skating rinks 4. Car wash 5. Drive-in restaurants, drive-in theaters or similar uses that provide goods and services to patrons in automobiles 6. Farm implement sales, repair and storage 7. Lumber yards 8. Motels 9. Nurseries, garden stores, and commercial greenhouses 10. Public utility services and structures 11. Recreation equipment sales and service 12. Restaurants 13. Advertising signs and billboards as regulated in Section XII Sub E 14. Taverns, clubs 15. Tourist related sales and services C. Permitted Accessory Structures or Uses 1. Uses incidental to the principal uses such as off-street parking, loading and unloading areas D. Special Uses 1. Shopping centers, including retail and service establishments 2. Single family dwellings, subject to the performance standards of Section VII 3. Home occupations 4. Rental storage units Page 21 of 54

22 E. Performance Standards Lot Area Minimum Lot Width Minimum Front Yard - setback from rights-of-way Side Setback Yard Rear Setback Yard Building Height Restriction minimum necessary to meet setbacks, and other reqs. of this Ord. no minimum 10 feet or the average setback of those buildings located on either side of proposed use 50 feet from the R-1 and R-2 Dists. 25 feet from the R-1 and R-2 Dists. 35 feet or 2 1/2 stories in Section XII. * additional requirements for signs, parking, and other uses are set forth SECTION XI. INDUSTRIAL DISTRICT (I) A. Purpose. The "I" Industrial District is intended to provide a location for industrial development and related complementary uses in the City of Houston. Such development shall not impair the traffic carrying capabilities of abutting roads and highways. B. Permitted Uses 1. Wholesale businesses 2. Warehousing, packing and crating establishments, truck yards or terminals 3. Storage yards used by contractors, such as roofing, electrical, heating, ventilating, or air conditioning, welding, fencing, construction, etc. 4. Veterinary or animal clinics 5. Any branch of trade or industry employing labor and capital in a bulk service or manufacturing process which is not permitted in other districts established by this Ordinance, is subject to the development provisions of this Section and the general requirements under Section XII 6. Essential services 7. Public and public utility uses Page 22 of 54

23 8. Rental storage units C. Permitted Accessory Structures and Uses 1. Uses incidental to the principal uses such as off-street parking, loading and unloading areas, and storage garage and buildings 2. Essential security and safety facilities, as approved by the City Council D. Special Uses 1. Outdoor storage of vehicles or materials or open sales lots 2. Mining, sand and gravel operations, or some other extraction operation 3. Junk yard or salvage yard (subject to additional requirements in Section XII, subdivision I) 4. Grain Elevators (see also height restriction exemptions in Section XII, subdivision N) E. Performance Standards Lot Area Minimum 20,000 square feet Lot Width Minimum Front Yard - setback from rights-of-way 100 feet 110 feet from State Hwy. 90 feet from County Hwy. 75 feet from City Street 1. Lot coverage requirements Side Yard Setback 30 feet or 50 feet from the R-1 and R-2 Dists. Rear Yard Setback 30 feet or 50 feet from the R-1 and R-2 Dists. Building Height Restriction 35 feet or 2 1/2 stories a. no more than fifty percent (50%) of the lot shall be covered by buildings 2. General requirements a. additional requirements for signs, parking, and other uses are set forth in Section XII SECTION XII. GENERAL REGULATIONS AND PERFORMANCE STANDARDS A. General Performance Standards. In order to ensure compliance with the general performance standards set forth, the City Council may require the owner or Page 23 of 54