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HomeMy WebLinkAbout1940-0038 - Ordinance - 01/22/1940ORDINANCE NO. 38 -1- AN ORDINANCE TO PROMOTE THE HEALTH, SAFETY, MORALS OR THE GENERAL WEL- FARE BY REGULATING AND RESTRICTING THE DENSITY OF POPULATION AND THE LOCA- TION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY OR OTHER PURPOSES AND BY REGULATING AND RESTRICTING THE HEIGHT, NUMBER OR STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES; THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED; THE SIZE OF YARDS, COURTS AND OTI R OPEN SPACES, ALL IN ACCORD- ANCE WITH A COMPREHENSIVE.PLAN:' CREATING AND DEFINING THE POWERS OF THE ZONING COMMISSION. PROVIDING RULES OF PROCEDURE BEFORE THE ZONING COMMISSION; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH;.AND PROVIDING A PENALTY FOR VIOLATION HEREOF3 Whereas, the Council of the City of College Station, has made extensive investigations, inspections, studies, rnaps, graphs, and surveys of the land, buildings and structures, the living conditions of the citizens, state of the public peace, health, safety and general welfare, and has uses of and the deter- mined that it is necessary in order to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to protect and promote the health and peace of the public, to provide adequate light and air, to adequate water, sewage and other public utility needs, to prevent the crowding of land and undue concentration of population, to facilitate provide over - adequate provisions for schools, parks, playgrounds and other public requirements, to promote the orderly development of the City of College Station and it°environs along the lines of a systematic plan therefor, and to provide for the most appropriate use of land throughout the City and its environs in accordance with such conprehensive plan; Now, therefore, be it ordained by the Council of the City of College Station: Section 1. DEFINITIONS. For the purpose of this Ordinance, the follow- ing words and terms as used herein are defined Words used in the present Sense include singular number include the plural; and words to mean the following: the future; words in the in the plural number include O 54 -2 - the singular; the word "building " includes the word "structure"; the word •"shall" or the word "must" is mandatory and not directory; the word "lot" includes the word "plot"; the term "used for" includes the meaning "designed for" or "intended for". 1. "Accessory building"; A subordinate building or a portion of the main building, the use of which is incidental to that of the main building or use of the property. 2. "Alley"; A public way which affords only a secondary means or access to abutting property. 3. "Apartment House": A building arranged, intended, designed or occu- pied by more than two families. 4. "Apartment": A suite of rooms or a room arranged, intended, de- signed or used as the place of residence of a single family or group of in- dividuals, living together as a single housekeeping unit. 5. "Apartment Hotel": An apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to,the public. 6. "Basement": That part of a building below the first story as defined in paragraph 37 of this section. 7. "Block": A piece or parcel of land entirely surrounded by public high- ways or streets. 8. "Boarding House or Lodging House": A building other than a hotel where lodging or meals are provided for five or more persons for compensation, pur- suant to previous arrangements, but not to the public or transients. 9. "Project House": A building other than a hotel where lodgings or meals are provided for five or more students and where such students contribute pro- rate to the cost of such lodgings or meals. 10. "Business": The purchase, sale, or other transaction involving the. handling or disposition of any article, substance, or commodity for commercial r ,-, 41.65 vu►i�i -3 - purposes or the maintenance of offices, recreational or amusement enterprises or the maintenance or use of buildings or property for commercial purposes, for hire, or for which a fee or charge is made. 11. "Corner Lot": A lot abutting upon two or more streets at their inter- section. 12. "Curb Level": The mean level of the curb in front of the lot, or in case of a corner lot, along that abutting street where the mean curb level is the highest. 13. "Dwelling": A building arranged, intended, designed or occupied by not more than two families. 14."Dwelling, multiple": A building arranged, intended, designed or occupied by three or more families. 15. "Faintly": Any number of individuals living together as a single house -keeping unit as distinguished from a group occup:e'dOa boarding house, lodging house or hotel as defined herein. 16. "Front Yard": An open space, unoccupied by buildings or structures (except hereinafter provided) across the full width of the lot extending from the front line of the building to the front street line of the lot. 17. "Frontage of a Corner Lot": A Corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the City Engineer. 18. "Garage, private"; An accessory building for storage only of motor vehicles. 19. "Garage, Public": Any building or premises used for the storage, care or repair of motor vehicles which is operated for commercial purposes. 20."Garage, community": A garage other than a public or private garage providing storage for vehicles with facilities for washing, but no other services, such garage to be in lieu of private garages.within a block or portion of block. -4- 6 21. "Height of Buildings": The vertical distance measured from the high- est of the following three levels: a. From the street level, b. From the established or mean street grade in case the curb has not beenconstructed, c. From the average ground level of the portion of the lot adjoining and within ten feet of the building where it sets back from the street line ten feet or more, to the level of the highest point of the roof beams of flat roofs or roofs inclining not more than one inch to -the foot, and to the mean level of the slope of the main roof for more steeply sloping roofs. 22. "Height of yard of. court": The vertical distance from the lowest level of such yard or court to the highest point of any bounding wall. 23. "Hotel": A building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged, with �r without meals, and in which there are more than fifteen sleeping rooms. 24. "Lot": A plot, parcel, piece or tract of land which may be occupied by one building and the necessary buildings or uses customarily incident thereto, including such open spaces as are arranged, designed or intended to be used in connection with such building. 25. "Lot, interior": A lot whose side lines do not abut upon any street. 26. "Lot, through": An interior lot having frontages on two streets. 27. "Lot lines": The lines bounding a lot as defined herein. 28. "Lot Depth": The distance from the front street line to the rear line measured in the mean direction of the side lines. 29. "Lot Width": The mean distance between side lines measured at right angles to the depth. 30. "Non -conforming use, building or yard": One that does not, by reason of design or use conform with the regulations of the district in which it is situated. W A - -5- 31. "Rear Yard": tin open space, unoccupied (except as hereinafter provided) between the rear lot line and the rear line ofthe principal building and the side lot lines. 32. "Place": An open, unoccupied space other than a street or alley estab- lished or dedicated for the purpose of access to property abutting thereon. 33. "Rear Line": The boundary line which is opposite and most distant from the front street line; except that on irregular lots the rear line shall not be deemedto be farther back for the purpose of this ordinance than a line parallel with the front street line, distant as far as possible therefrom entire- ly on such lot and not less than ten feet long. 34, "Rear Yard Depth": The mean distance from the rear line of the prin- cipal building to the rear lot line. 35. "Side Line ": Any lot boundary line not a front or rear line thereof, a side line may be a party lot line, a line bordering on an alley or place or a side street line. 36. "Side Yard": An open, unoccupied space on the same lot with the build- ing between the main building and the adjacent side line of the lot, and extend- ing entirely from the front 0ar to the rear y` .rd thereof. 37. "Story": That part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor there- of. A top story attic is a half story when the main line of the eaves is not a- bove the middle of the interior height of Ouch story. The first story is the highest story having its interior floor surface not more than four feet above the curb level', established or mean street grade, or average ground level, as mentioned in paragraph -0D of this section. 38. "Street'!: A public thoroughfare or place which affords principal means of access to property abutting thereon. 39. "Street Line": Is the dividing line between the street and the abut - 00058 -6 - ting property. 40. "Street Width": The mean of the distances between the abutting property on the opposite sides of a street within the block upon which the lot fronts. Section 2. DISTRICTS ESTABLISHED. For the purpose of regulating and res- tricting the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land, and regulating and restricting the lo- cation of trades and industries and the location and design of buildings for specific purposes, and to regulate and limit the height and bulk of buildings, the area of yards and other open spaces, and to regulate and limit the density of population, the City of College Station is hereby divided into five (5) districts, as follows: District No. 1. First Dwelling House District. District No. 2. Second Dwelling House District. District No. 3. Apartment House District. District No. 4. First Business District. District No. 5. Second Business District. Section 3. DISTRICT MAP ADOPTED. The boundaries of the districts as enumer- ated in Section 2 of this ordinance are hereby established and adopted as shown upon the map attached hereto., which map is hereby made a part of this ordinance and is hereby designated as the "Zoning District Map", and said map and all the notations, references and information shown thereon are hereby made as rnuch a part of this ordinance as if the same were set forth in full herein. It. shall be the duty of the City Secretary to keep on file in his office the original of said district map, and duplicate copies thereof showingall the changes, amendments, or additions thereto, shall be kept on file in the office of the City Secretary. In determining the boundaries of the various districts as shown on said map, the streets, alleys or highways shall be the boundary lines. Where the boundaries of various districts are not shown as such streets, alleyu� 1(1 G/a 77V eJf Go/...c.6 �7Arfo ti OR (GfAj, l. zo/v/N MAP 00060 -7 - highways, such boundary line shall be the nearest lot line of record at the time of passage of this ordinance. SECTION 4. REQUIREMENTS MUST BE OBSERVED. Except as hereinafter provided: 1. No buildings, structures or land shall be used for any purpose other than is permitted in the district in which such building, structure or land is situated. 2. No building or structure shall be erected, moved, extended, enlarged, reconstructed or structurally altered to exceed the height or area limit herein established for the district in which such building or structure is situated. 3. No lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this ordinance, nor shall the density of population be increased in any manner, except in conformity with the area regulations established herein. DISTRICT NO. 1. SECTION 5. REGULATIONS. First Dwelling House District. In District No. 1, no building, structure, land or premises shall be used, and no building or struc- ture shall be hereafter erected, moved, constructed or altered, except for one or more of the following uses: 1. Dwellings. 2. Public schools, parks, playgrounds, buildings, fire stations or other public buildings or museums libraries, uses owned, recreational controlled and operated exclusively by the City of College Station, the State .of Texas, or the United States. 3. Farming and truck gardening, but not including the keeping of hogs, sheep or goats. Nurseries and green houses for the propagating and cultivating of 4. plants only; provided, no retail or wholesale business shall be carried on upon the premises, so used, and, provided further that no fertilizer is stored upon the premises, and no soil or fertilizer renovation is carried on upon the prem - coy, ises. profit. -8- 5. Private golf clubs, when not operated as a commercial business or for 6. Accessory buildings, including a private garage, when situated upon the same lot with the main building and not less than sixty (60) feet from the front lot line, and not less than three feet from any side lot line, and in case of corner lots not less than the distance required for residence from side streets;, buildings for servants quarters, provided such quarters are occupied only by servants employed on the premises, and not rented as a separate domicile or dwelling, and provided further that such servant's quarters shall be not less than sixty (60) feet from the front line and not less than five (5) feet from any side lot line, and in the case of corner lots not less than the distance required for residences from side streets; except that a private garage or servant's quarters may be constructed as an integral part of the main building, subject to the height and area regulations of the main building. 7. In District No. 1, no private garage shall provide storage for more than one vehicle for each twenty-five hundred (2500) square feet of lot area. 8. Uses, customarily incident to any of the other uses enumerated herein when the same are situated in the same dwelling or apartment, including such home occupations as that of a Physician, Surgeon, Dentist or Musician, provid- ed, such persons carrying on such customary home occupation, may do so in a dwelling or apartment used by him as a private residence, provided, no other person than the members of his own household are employed in such occupation and no window display or sign more than forty square inches in area is used to advertise the same. . A billboard, signboard or advertising sign shall not be permitted as an accessory use. The placing of a "For Sale" or "For Rent" sign not more than eight square feet in area shall be permitted as an accessory use. During construction of a building, one sign advertising contractors or architects on such building shall be permitted, provided, such sign shall not be more than eight square feet in area and shall be set back of the established or customary 00062 -9 - building line, and such sign shall be removed immediately upon completion of such building. A driveway or walk used for access to a use permitted in any other district shall not be permitted as an accessory use, in District No. 1, nor shall any use permitted in any other district be permitted as an accessory use in District No. 1. I-IEIGHT AND AREA RESTRICTIONS. In District No. 1, the height of buildings, the minimum dimensions of yards and the minimum lot area per family permitted upon any lot shall be as follows: HEIGHT: No building hereafter erected or structurally altered shall exceed two and one-half stories or thirty-five feet in height, except as provided herein. REAR YARD: The depth of the rear yard shall be not less than thirty per cent of the depth of the lot, provided, such depth need not be more than a total of thirty feet. FRONT YARDS: There shall be a front yard not less than twenty per cent of the depth of the lot, but such front yard need not be more than twenty- five feet. SIDE YARDS: There shallbe a side yard on each side of a building not less than -five feet in width, provided, that on a'lot having a width -of less than fiftyfeet as shown by the last conveyance of record at the timeofthe passage of this ordinance, there shall be a side yard on each side of such build- ing of not less than four feet, and provided, that on a lot having a width of less than forty feet as shown by such conveyance, there shall be a side yard on each side of the building not less than three feet. Buildings on corner lots where interior lots have been platted on side streets shall provide a side yard adjacent to the side street of not less than 50% of the front yard established for buildings on interior lots on the side street, provided,'.this regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the time of the passage of this ordinance to less than 65% of the total width of such lot, and provided further, that the side yard regulations herein must be observed. Accessory buildings on corner lots where aterg _lots -10 - have been platted on side streets, shall not project beyond the front yard line established on the side street, provided such line need not be more than twenty- five feet. LOT AREA PER FAMILY: Every building or portion of building hereafter erected, moved or altered for residence purposes in District No. 1, shall provide a lot area of not less than five thousand square feet per family.' DISTRICT NO. 2. Section No. 6. REGULATIONS. Second Dwelling House District. In District No. 2, no build- ing, sturcture)land or premises shall be used and no building or structure shall be hereafter erected, moved, constructed or altered except for one or more of the following uses: Any use permitted in District No. 1, including the regulations as established therein for garages, servant's quarters and accessory buildings and uses, except that in District No. 2, no private garage shall provide space for storage for more than one vehicle for each fifteen hundred square feet of lot area. HEIGHT AND AREA RESTRICTIONS. In District No. 2, the height of buildings, the minimum dimensions of yards and minimum lot area per family permitted upon any lot shall be as follows: HEIGHT: No building hereafter erected or structurally altered shall exceed two and one-half stories or thirty-five feet except as provided herein. REAR YARD: The depth of the rear yard shall be not less than thirty per cent of the depth of the lot, provided, such depth need not be more than a total of thirty feet. FRONT YARDS: There shall be a front yard not less than twenty per cent of the depth of the lot, but such front yard need not be more than twenty-five feet. SIDE YARDS: There shall be a side yard on each side of a building not less than five feet in width, provided, that on a lot having a width of less than fifty feet as shown by the last conveyance of record at the time of the passage .0u064 -11 - of this ordinance, there shall be a side yard on each side of such building of not less than four feet, and provided, that on a lot having a width of loss than forty feet as shown by such conveyance, there shall be a side yard on each side of the building not less than three feet. Buildings on corner lots where interior lots have been platted on side streets shall provide a side yard adja- cent to the side street of not less than 50% of the front yard established for buildings on interior lots on the side street, provided, this regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the time of the passage of this ordinance to less than 65% of the total width of such lot, and provided further,that the side yard regulations herein must be observed. Accessory buildings on corner lots where interior lots have been platted on side streets, shall not project beyond the front yardline establish- ed on the side street, provided such line need not be more than twenty-five feet. LOT AREA PER FAMILY. Every building or portion of building hereafter erec- ted, moved or altered for residence purposes in District No. 2, shall provide a lot area of notless than twenty-five hundred square feet per family. DISTRICT NO. 3 Section No. 7. REGULATIONS. Apartment House District. In District No. 3, no building, structure, land or premises shall be used and no building or structures shall be hereafter erected, moved, constructed or altered except for one or more of the following uses: Any use permitted in District No, 2, including the regulations as established therein for garages, servant's quarters, and accessory buildings and uses, except that in District No. 3 no private garage shall.. provide space for storage for more than one vehicle for each one thousand square feet of lot area. Apartment Houses. Boarding Houses or Lodging Houses, but not Boarding and Lodging Houses Maintained for Student Use. Hospitals or Sanitariums other than for the insane or feeble minded. 000Es -12 - Philanthropic or eleemosynary use or institution other than a penal or cor- rectional institution. Private Clubs, except clubs, the chief activity of which is a service custo- marily carried on as a business. Private or Parochial Schools, Colleges and Universities. Hotels and apartment hotels, including only such facilities as are customa- rily required for the operation of a hotel or apartment hotel or for the use of or entertainment of guests or tenants, and provided such facilities are conducted and entered from within the building and provided no window or other display or sign is used to advertise the same. The City Council may permit community garages in District No. 3, under the following limitations: 1. Such building shall be set back from the street line a distance of not less than ten feet greater than the building lines established by this ordinance. 2. No commercial vehicles shall behoused in such community garage. 3. Vehicles may be washed therein, but no commercial use oi' the premises shall be permitted. 4. Such building shall not provide space for the storage of more vehicles than the total number of vehicles permitted by this ordinance to be stored on the lots served by such garage. 5. Access thereto, if from the street, shall be by not more than one drive- way. HEIGHT AND AREA RESTRICTIONS. In District No. 3, the height of buildings, the minimum dimension of yards and the minimum lot area per family permitted upon any lot shall be as follows: HEIGHT: No. building hereafter erected or structurally altered shall ex- ceed three stories or forty-five feet in height,except as provided herein. REAR. YARD: The depth of the rear yard shall be not less than twenty- five per cent of the depth of the lot provided such depth. need not be more than 00066 a total of twenty-five feet. -13 - FRONT YARD: There shall be a front yard not less than twenty per cent of the depth of the lot, but such front yard need not be more than twenty-five feet. SIDE YARDS: There shall be a side yard on each side of a building not less than five feet in width, Provided, that on a lot having a width of less than fifty feet as shown by the last conveyance of record at the time of the pas- sage of this ordinance there shall bd a side yard on each side of such building of not less than four feet, and provided, G -wee ; and provided, that on a lot having a width ofless than forty feet as shown by such conveyance, there shall be a side yard on each side of the building not less than three feet. Buildings on corner lots where interior lots have been platted on side streets shall provide a side yard adjacent to the, side street of not less than 50% of the front yard established for buildings on interior lots on the side street, provided, this regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the time of the passage of this ordinance to less than 65% of the total width of such lot, and provided further, that the side yard regulations herein must,be obser- ved. Accessory buildings on corner lots where interior lots have been .platted on side streets, shall notproject beyond the front yard line established on,the side street, provided such line need not be more than twenty-five feet. LOT AREA PER FAMILY: Every building or portion of building hereafter erected, moved or altered for residence purposes in District No. 3. shall provide a lot area of not less than one thousand square feet per family. DISTRICT NO. 4 Section No. 8. REGULATIONS. First Business District. In District No. 4, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, moved, constructed or altered, except for one or more of the following uses: Any use. permitted in District No. 3. -15- Advertising signs, when the same are attached to a building and advertise only services, articles or products which are offered within the building to which such sign is attached, and provided, that such signs shall not extend above the outside walls of such building: or more than one foot from the face of the wall of such building. No detached sign or billboards shall be permitted in District No. 4. -16 - HEIGHTS AND AREA RESTRICTIONS. In District No. 4, the height of buildings, they minimum dimensions of yards and the minimum lot area per family permitted upon any lot shall be as follows: HEIGHT: No building hereafter erected or structurally altered shall exceed two and one-half stories or thirty-five feet in height, except as provided herein. REAR. YARD: The depth of the rear yard shall be not less than twenty-fiveper cent of the depth of the lot provided such depth need not be more than a total of twenty-five feet. FRONT YARD: In no case shall any building be erected, moved, or altered in District 4, unless the same shall be not less than fifteen (15) feet from the front lot line. It is required that of this set- back ten (10) feet shall be provided for automobile parking purposes and that five (5) feet, adjacent to the building shall be sidewalk. But if the street width from lot line to lot line is more than 80 feet then parking space need not be provided, although in all cases fifteen (15) feet setback will be required. SIDE YARDS: There shall be a side yard on each side of a build- ing used exclusively for residence purposes, not less than five feet in width, provided, that on the lot having a width of less than fifty feet as shown by the last conveyance of record at the time of the passage of this ordinance there shall be a. side yard on each side of such building of not less than four feet, and provided, that on a lot having a width of less than forty feet as shown by such conveyance, there shall be a side yard on each side of the building not less than three feet. 00070 -1'7 - LOT AREA PER FAMILY: Every building or portion of building here- after erected, moved or altered for residence purposes in District No. 4 shall provide a lot area of not less than one thousand square feet per family. In District No. 4, no building used, designed or intended to be used for District No. 4 use shall be hereafter erected, moved, altered or structurally changed unless the outside walls thereof shall have a fireproof layer of brick, stone, tile, terra cotta or other non-com- bustible material on the outside of such'wall.s, not less than four inches in thickness, and unless the roof on such building or structure shall be of tar and gravel, slate, tile or other composition roof; provided, that this provision shall not apply to buildings used, designed or intended for uses as enumerated herein for Districts Nos. 1, 2, and 3, which are constructed, erected, moved or altered in District No. 4. DISTRICT NO. 5 Section 9. REGULATIONS. Second business district. In District No. 5, no building, structure, land or premises shall be used and no building or structure, shall be hereafter erected, moved,"constructed or altered, except for one or more of the following uses: Any use permitted in District No. 4. Awning Manufacture. Battery Station. Laundry, employing more than five persons. Manufacture of products to be sold at retail upon the premises, provided that mechanical power, not in excess of five horse power, is / S '`( 4 -18- used in the operationof any one machine, andprovided such use is not noxious or offensive by reason of the emission of vibration, smoke, dust, gas, or noise. Ice Plants, milk pasteurizing, bottling or distributing, of not more than sixty tons capacity per day, if operated by electrical power only. Storage in bulk or warehouse for such material as household goods, clothing, drugs, glass, dry goods, furniture, hardware, groceries, lubricating oil, millinery, paint and paint materials, bottling works, lumber yard, building materials, wholesale house, rubber, shop supplies, tobacco, turpentine or varnish. Tire Shop. Wholesale sales rooms.' HEIGHT AND AREA RESTRICTIONS. In District No. 5, the height of buildings, the minimum dimension of yards and the minimum lot area per family permitted upon any lot shall be as follows: DIGHT: No building hereafter erected or structurally altered shall exceed eight stories or one hundred feet in height, except as provided herein. REAR YAF D: The depth of the rear yard shall be not less than twenty-five per cent of the depth of the lot provided such depth need not be more than a total of twenty-five feet. FRONT YARD: In no case shall any building be erected, moved, or altered in District 5, unless the same shall be not less than fifteen (15) feet from the front lot line. It is required that of this setback ten (10) feet shall be provided for automobile parking purposes and 00072 -19- J that five (5) feet, adjacent to the building shall be sidewalk. But if the street width from lot line to lot line is more than 80 feet then parking space need not be provided, although in all cases fifteen (15) feet setback will be required. SIDE YARDS: There shall be a side yard on each side of a building used exclusively for residencepurposes of not less than five feet in width, provided this width shall be increased one inch for each foot of height of building above thirty-five feet. LOT AREA PER FAMILY: Every building or portion of building hereafter erected, moved or altered for residence purposes in District No. 5 shall provide a lot area of not less than four hundred square feet per family. . In District No. 5, no building used., designed or intended to be used for District No. 5 use shall be hereafter erected, moved, altered or structurally changed unless the outside walls thereof shall have a fireproof layer of brick, stone, tile, terra cotta or other non-com- bustible material on the outside of such walls, not less than four inches in thickness, and unless the roof of such building or structure shall be of tar and gravel, slate, tile.or other composition roof; provided, that this provision shall' not apply to buildings used, design- ed or intended for uses as enumerated herein for Districts Nos. 1, 2, and 3, which are constructed, erected, moved or altered in District No. 5, and provided further that any building erected, moved or altered in District No. 5, which is more than three stories in height shall be constructed entirely of fireproof material. Section 10. SPECIAL CLASSES. The following uses may be situated -20 - in any district by special permission of the City Council and under the limitations for cases before such City Council as set forth in this ordinance so that the same shall conform to the general intent and purpose of the ordinance; and in any case involving any use as set forth in this section, it shall be the duty of the City Coupcil to first determine whether such use would conform to the general in- • tent and purpose of this ordinance; provided, that such uses shall comply with the provisions of the district within which it may be situated, relating to height and area regulations. v Church. Amusement Park. Aviation Field. Billboard or.detached sign. . Crematory, for the disposal of the human dead. Cemetery. Dance Hall operated for profit. Hospital for insane or feeble minded or penal correctional institu- tion., Refuse Dump. Sewage or garbage disposal plant. Project House, Student boarding or lodging house. Section 11. HEIGHT AND AREA EXCEPTIONS: The regulations and requirements as to height of buildings and,area of lot which may be occupied by buildings, side yards, front yards, rear yards and other regulations and requirements as established in the foregoing sections of this ordinance, shall be subject to the following exceptions and ad- ditional regulations: 00074 -21 - HEIGHT: (1) That in Districts Nos. 1, 2, 3, and 4 public or semi-public buildings, such as hospitals, sanitariums or schools, either public or private, may be erected to a height not exceeding sixty (60) feet, provided that such buildings shall be set back one additional foot on all sides for each additional foot such buildings shall exceed the specified height limit as established by the regula- tions of the District in which such building is situated. (2) Dwellings in Districts Nos. 1 and 2 may be increased in height not exceeding ten (10) feet in addition to the limitations prescribed in such districts, provided that, two side yards of not less than fifteen (15) feet in width, each, are provided. In no case shall such dwelling, however, exceed three stories in height. (3) Parapet walls shall not extend more than six (6) feet above the height limit.. Flagpoles, chimneys, cooling towers, electric dis- play signs, elevator bulkheads, penthouses, finials, gas tanks, grain elevators, stacks, storage towers, radio towers, ornamental towers, monuments, cupolas, domes, spires, standpipes, false mansards and necessary mechanical appurtenances may be erected as to height in accordance with existing or hereafter adopted ordinances of the City of College Station, except that in Districts Nos. 1 and 2, no radio aerial support shall be erected more than five (5) feet above the height limitations of such districts and in no event shall extend more than five (5) feet above the ridge of a roof. (4) On through lots one hundred twenty-five ( 125) feet or less in depth, the height of a building may be measured from the curb level of either street; On through lots of more than one hundred twenty-five (125) feet in depth, the height regulations and basis of height measure- ments for the street permitting the greater height, shall apply to a 00075 -22 - depth of not more than one hundred twenty-five (125) feet from that street. (5) For any building used jointly for business and residence purposes or industry and residence purposes, the number of families permitted by the lot area requirements per family shall be reduced in the same proportion as the floor area devoted to business or industry bears to the entire floor area of the building, provided, that floor area below the first floor of such building shall not be included in ar� calculation under this provision. (6) For any building providing jointly for hotel and apartment house uses, the number of families permitted in apartments by the lot area requirements per family shall be reduced in the same proportion as the total floor area devoted to hotel or non -housekeeping use bears to the total floor area devoted to both uses. Section 12. SIDE AND REAR YARD EXCEPTIONS: (1) Buildings on 4 through lots in Districts Nos. 1, 2, and 3 where such lot is two hundred (200) feet or more in depth, shall provide an equivalent open space in lieu of the required rear yard, provided, that in any case where the rear lot lines are continuous through the block, if a through is secured by combining any two or more non -through lots and their common line is eliminated or built over, any building on such through lot shall provide a court above the level of the first story open and unobstructed the full width of the lot and for the full distance between the projected minimum rear yard lines. It is the purpose of this re- gulation to secure adequate ventilation for the interior of the block. (2) In computing the depth of a rear yard for any building where such yard abuts upon an alley, one-half of such alley may be assumed 00076 -23 - to be a portion of the yard. (3) The area required in a yard at any given level shall be open from such level to the sky, unobstructed except for the custo- mary projections of sky lights and parapets above the bottom of such yard, and except for the ordinary projections of window sills, belt courses, cornices or other ornamental features not exceedingfrour (4) inches; provided, that if the building is not more than thirty- five (35) feet in height, such cornice may project not more than two and one-half (22) feet into such yard; and, provided further that one story porches with three unenclosed sides, may project into a rear yard not to exceed eight (8) feet; and, provided, that within five (5) feet of the street wall a cornice may project not more than three (3) feet into such yard. (4) An open fire escape may project not more than four (4) feet into side or rear yard. Solid floored balconies and enclosed fireproof outside stairways may project not more than four (4) feet into a rear yard. (5) In any district, an accessory building, not exceeding twenty- four (24) feet or two stories in height or in any case higher than the main building, may occupy not more than'thirty (30%) percent of the rear yard, except that in Districts four and five, if such building is not more than one story or sixteen (16) feet high, it may occupy (40%) forty per cent of the rear yard. (6) Buildings in Districts four and five used wholly or partially for business or industrial purposes need not provide a side yard, and on corner lots need provide a rear yard within fifty feet of a side street, provided, that there shall be a rear yard on the ground level -24- for any lot that has a rear line adjoining property within Districts Nos. 1, 2, or 3, and, provided that portions of such buildings which are designed or used for living purposes shall provide on any floor open space equivalent to the area of side and rear yards required in the district in which such building is situated. Such open space may be in the form of additional front or rear yards or one or more courts opening to the street or rear yard; provided that (a) No court shall have a width less than ten (10) feet nor less than one-fourth (4) of its length, nor a width of less than two and one-half inches for each foot of height of the Court. (b)- That the width of any portion of a required side yard as provided in this ordinance may be considered a part of such. court. (c) For buildings on corner lots, the total open space required by this section may be reduced by ten (10`"0) per cent of the lot area. (7) In Districts Nos. 1, 2, and 3, where buildings on adjoining lots do not conform to the side yard requirements of this ordinance, the City Council may vary the side yardrequirement in accordance with the limitations upon the powers of the Council as established in this ordinance; provided, that no building may be built nearer than three (3) feet to the side lot line and providing that the width of the building allowable under the regulations of this ordinance may not be increased. (8) No provision of this ordinance shall be so interpreted to shut off anuessentia1 lighting or ventilation of a building which is secured by windows or other openings which are on the lot line and open upon such adjoining lot. It is the purpose of this regulation to secure permanently healthful conditions within such building and 00078 -25 - to prevent the closing up of any necessary windows therein through the lawful erection against them of a building upon such adjoining lot. Section 13. FRONT YARD EXCEPTIONS. (1) In Districts 1 to 3 inclusive, where the frontage upon the same side of a street between two intersecting streets is occupied or partially occupied by a building or buildings with front yards which do not conform to the provisions of this ordinance, or where the configuration of the ground is such that conformity with the front yard provisions of this ordinance would work a hardship, the City Council may permit modifications of the front yard requirements applicable to the remaining frontage upon the same side of such street between such intersecting streets. (2) In Districts Nos. 1 to 3 inclusive, where the frontage upon the same side of a street between intersecting streets is occupied or partially occupied by a building or buildings having front yards of greater depth than are required by this ordinance, no other lot upon the same side of such street between such intersecting streets, shall be occupied by a building with a front yard of less than the least depth of any such existing front yards, unless by permission of the City Council subject to the rules and regulations established in this ordinance. (3) No cornice shall project over the street line more than five (5%) per cent of the width of such street and in no case more than four (4) feet. (4) No advertising sign, billboard, or display boards shall project over the street line more than five (5%) per cent of the width of the 00019 -26- street and in no case more than four (4) feet. (5) One-story porches with three unenclosed sides, steps, orna- mental projections and balconies may project into the designated front yard not to exceed ten (10) feet. Section 14. ACCESSORY USES: A driveway or walk to provide access to premises in one district shall not be permitted in a district of a higher classification. Buildings or structures or uses which are accessory to the use permitted in one district shall not be permitted in a district of a higher classification. Section 15. NON-CONFORMING USES. The lawful use of land existing at the time of the passage of this ordinance, although such use does not conform to the provisions hereof, may be continued, but if such non-conforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this ordinance. The lawful use of the building existing at the time of the passage of this ordinance may continued, although such use does not conform with the provisions hereof, and such use may be extended throughout the building provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of a more restricted classification. A non-conform- ing use may not be changed unless changed to a higher use. A non-conforming use if changed to.a conforming use or more re- stricted, non-conforming use, may not thereafter be changed back to a less restricted use than that to which it was changed. If any property is hereafter transferred to a more restrictive district by a change in 00359 -27 - the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification by amendment to this ordinance,the provisions of this ordinance relating to the non -conforming use of the building or premises existing at the time of the passage of this ordinance, shall apply to buildings or premises occupied or used at the time of the passage of such amendment. A building arranged, designed or devoted to a non -conforming use at the time of the passage of this ordinance, may not be reconstructed or structurally altered to an extenyn aggregate cost, during any ten-year period, 60% of the assessed value of the building. Section 16. COMPLETION AND RESTORATION OF EXISTING BUILDING. Nothing herein contained shall require any change in the plans, con- struction or designated use of a building for which a building permit has been heretofore issued, and plans for which are on file with the City at the time of the passage of this ordinance and the construction of which in either case, shall have been diligently prosecuted within one year of the date of such permit, and the ground story framework of which including the second tier of beams, shall have been completed within such year and which entire building shall be completed according to such plans as filed, within two years from the date of the passage of this ordinance. Nothing in this ordinance shall prevent the res- toration/5,f a non -conforming building partly destroyed by fire, ex- plosion, act of God or act of the public enemy, subsequent to the passage of this ordinance, or prevent the continuance of the use of such building or part thereof, as such use existed at the time of such destruction of such building or part thereof, or prevent a change of • 00081 -28- such. existing use under the lirnitationprovided herein, provided, such building is not destroyed to the extent of more than sixty (60%) per cent of its reasonable valuation. This ordinance shall prevent the restoration of such non-conforming building so damaged more than sixty (60%) per cent of the reasonable valuation, and shall prevent the continuance of the use of such building or part thereof as such use existed at the time of such damage, and shall prevent a change of such existing use under the limitations provided by this ordinance. The provisions of this ordinance shall not apply to prevent the extension of any building, existing in any district at the time of the adoptionof this ordinance, to the height which the walls, foundation and framework of such existing building origi- nally were intended, designed and constructed to carry; provided, however, that the actual construction of the extensions in height permitted by this paragraph shall have been duly commenced within ten years from the date of the adoption of this ordinance. Section 17. INTERPRETATION-PURPOSE. In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, and gen- eral welfare. It is not intended by this ordinance to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of law or ordinances or any rules or regulations previously adopted pursuant to law relating to the use of buildings or premises; nor is it intended by this ordinance to interfere with or abrogate or annul any easements or convenants between parties; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises than are imposed by such existing provisions of 00082 -29- law or ordinance or by such easements, covenants, or agreements, the provisions of this ordinance shal]. control, and where the provisions of such easements, covenants or laws impose greater restrictions. upon the use of buildings or premises, such provisions of such ease- ments, covenants or laws shall not be interfered with by any of the provisions of this ordinance. Section 18. AMENDMENTS. •The City Council may, from time to time, on its own motion or on petition, after public notice and hearings thereon as provided herein, amend, change, modify or repeal the regulations and restrictions as established herein and may change, restrict or extend the boundaries of the various districts established herein. Before taking any action upon any proposed amendment, modi- fications, change, restriction or extension, the same shall be referred by the Council to the Zoning Commission for report, and recommendation. Section 19. PROTEST. Any proposed amendment, change, modifica- tion or repeal of the regulations and restrictions established herein, or any restriction or extension of the boundaries of the districts established herein which has failed to receive the approval of the Zoning Commission, shall not be passed except by favorable vote of four members of the Council. If a protest against such amendment, change, modification, repeal, restriction or extension shall be pre- sented, signed by the owners of 20% or more, either of the area ofthe land included in such proposed change, or by the owners of 20% or more of the area of the land within 200 feet of such proposed change, or separated therefrom only by a highway, boulevard, parkway, street or alley, such amendment shall not be passed, except by a favorable vote of four members of the Council. 00083 -30 - Section 20. NOTICES OF RE -DISTRICTING. Whenever after the procedure, as provided herein, has been complied with,an ordinance shall be introduced before the Council to reclassify any portions of said City into one of the districts herein before specified,, then the City Secretary of said City shall immediately after the introduc- tion of said ordinance cause to be conspicuously posted along the streets within the district affected by said ordinance, notices of the introduction of said ordinance. At least fifteen days notice of the time and place of suchhearing shallbe published in the official paper of the City of College Station. Section 21. COUNCIL TO GIVE NOTICE OF HEARING. Said notices of hearing shall be headed: "Notice of Re -districting" in letters not less than one inch in height and shall in legible characters state the fact of the introduction of said ordinance, its date and the class of district within which said ordinance proposes to include the territory. Said notice shall also contain a statement of the day and place when and where any and all'persons having any objections to the proposed re -districting may appear before the Council, and show cause why said proposed re -districting should not be carried out in accordance with said ordinance. The Council shall at the time of the introduction of said ordinance cause notice to be entered at large upon its minutes stating the said hour and date of hearing pro- tests, and the City Secretary shall publish a notice of said hearing in a local daily newspaper of general circulation, designated by resolution for that purpose, to be published at least three (3) times, the first publication of which shall not be less than fifteen (15) days prior to the date fixed for the hearing, which notice shall be 00084 -31 - filed with the City Secretary at or prior to the hour set for hear- ing protests. At the time set for hearing protests the Council shall proceed to hear and pass upon all protests made, either oral or written and its decisions shall be final and conclusive. Section 22. ENFORCWNT. It shall be the duty of the City Engineer to enforce the provisions of this ordinance and to refuse to issue any building permit for any building or structure which would violate any of the provisions hereof, and the said City Engineer or any deputy or inspector, by and with the consent of'the City Engi- neer, is hereby authorized and instructed to bring to the Attention of the proper official or officials of this City any violations of any of the terms of this ordinance in order that the aforesaid official or officials may institute appropriate action to prevent such unlawful erection, maintenance, construction, re -construction, alteration, repair, conversion or use, to restrain, corrector abate such violation and to prevent any illegal act, conduct or use on or about such premises. Section 24. PERMITS. No permit for the erection, alteration, removal, construction, re -construction, conversion, use or maintenance of any building or premises shall be issued by the City Engineer un- less there shall first be filed in his office by the applicant there- for, a plan in duplicate, drawn to scale, correctly showing the loca- tion and actual dimensions of the lot to be occupied-, the dimensions and location on the lot, of the building to be erected, moved, altered, repaired, maintained or used, with measurements in feet and inches from all lot lines to all foundation lines of building, together with a true statement, in writing, signed by the applicant, showing the use 00085 -32 - for which such building or premises is arranged, intended or design- ed, and the location and dimensions of all driveways, sidewalks, steps, porches and accessory buildings or structures, and no permit shall be issued by said City Engineer unless such plan shall show in all details that such building, structure or premises is to be constructed, erected, maintained or used in conformity with all pro- visions of this ordinance. A record of such applications and plans shall be kept in the office of the City Secretary. Failure of any applicant or of his agents, servants or employees to construct, alter, move or maintain any buildings, structures or premises in conformance with such plans on which such permit is issued, when such failure constitutes a violation of any provisions of this ordi- nance, shall render such permit void, and the City Engineer is hereby authorized and directed to revoke any such permitlby giveilwritten notice to the applicant or his agents, servants or employees and all of work upon such buildings, structures or premises shall_ be immediately discontinued on the serving of such notice until such buildings, struc- tures or premises shall be changed so as to comply withsuch plans and permit. Section 25. ZONING COMMISSION. A Zoning Commission shall be created consisting of a chairman and four members, said chairman and members to be nominated by the mayor and approved by the City Council. Said Zoning Commission shall hold office for three years. Vacancies shall be filled by nomination of the Mayor and approval by the City Council. Section 26. POWERS AND DUTIES OF THE ZONING COMMISSION. The Zoning Commission shall recommend the districts and boundaries to the 00086 -33- City Council in conformity with the laws of the State of Texas. All proposed changes in the boundaries, regulations, or restrictions governing the zoning plan shall be submitted by the City Council to the Zoning Commission for its recommendation concerning such proposed changes before action is taken thereon. Such recommendation shall be submitted to the City Council within a period of not more than 30 days of receipt of notice of such proposed change. Changes may also be proposed by the Zoning Commission upon its own initiative and such changes shall be formallyacted upon by the City Council within 30 days of receipt by the City Secretary. Section 27. POWERS AND DUTIES OF THE CITY COUNCIL. The City Council shall define district, boundaries, regulations, and restric- tions in such manner as provided by the laws of the State of Texas. Proposed changes in the boundaries, regulations, or restrictions shall be submitted to the Zoning Commission as provided in Section 26. Said changes shall not be made until after a public hearing in relation thereto, held by the City Council, after at least 15 days notice of the time and place of said hearing published in an official paper, or a paper of general circulation, in the municipality. In case the Zoning Commission shall recommend against the proposed change or if the owners of 20% of the area or more either of the lots included in such proposed change, or of these immediately adjacent in the rear thereof extending 200 feet therefrom, or of those directly opposite thereof extending 200 feet from the street frontage of such opposite shat l oln c"t_ , lots/, such amendment shall not become effective except by the favorable vote of the members of the City Council. Section 28. INVALIDITY OF A PART. In case any portion of this 00087 -34 - ordinance shall be held to be invalid or unconstitutional, the re- mainder of the ordinance shall not thereby be invalid but shall remain in fullforce and effect. Section 29. PUBLIC UTILITIES EXEMPTED. Nothing in this ordinance shall_ be construed to apply to telephone buildings, structures, tracks, terminal buildings, railway rights-of-way, gas or electric sub -stations or other public utilities when such buildings, structures or uses are designed, intended and used exclusively for public utility purposes. It is intended by this provision to exempt the use of property owned or controlled by public utility companies; provided, such use is ex- clusively for public utility purposes; such property shall, however, be subject to all the restrictions and regulations of this ordinance relating to uses other than such public utility use. Passed and approved this the 2.2nd. day of January, 19L2. APPROVED: s/ J. H. Binney Mayor ATTEST: s/ Sidney L. Loveless City Secretary 00088 &ILA 38A FIRE LIMITS ORDINANCE • Be it ordained by the City Council of the City of College Station, Texas, as follows: .SECTION 1. FIRE LIMITS: The following shall be and are hereby declared to be the fire limits: All the area designated and referred to as 'No. 1 Business Area' in Ordinance No. 3$ of this city, entitled, "AN ORDINANCE TO PROMOTE THE HEALTH, SAFETY, MORALS OR THE GENERAL WELFARE BY REGULATING AND RESTRICTING THE DENSITY OF POPULATION AND THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY OR OTHER PURPOSES AND BY REGULATING AND RESTRICTING THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES: THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED: THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES, ALL IN ACCORDANCE WITH A COMPREHENSIVE PLAN: CREATING AND DEFINING THE POWERS OF THE ZONING COMMISSION; PROVIDING RULES OF PROCEDURE BEFORE THE ZONING COMMISSION; REPEALING ALL ORDINANCES AND PARTS.OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A PENALTY FOR VIOLATION HEREOF." Passed and approved the 22nd day of January, 1940. No. 1 Business area further shown on a map accompanying and being a part of aforesaid ordinance. SECTION 2. PERMITS AND INSPECTIONS: No wall, structure, building, or part thereof, shall hereafter be built, enlarged, or altered, until a plan of the proposed work, together with a statement of materials to be used, shall have been submitted to the City Engineer, who- 'shall, if in accordance with the provisions herein contained, issue a written 00089 #2 permit in triplicate for the proposed work. Permits to be kept on file with the City Secretary. Structures hereafter erected without a'permit, or not in conformity with this ordinance, shall be removed. No building shall be moved from without to within the fire limits, nor from one location to another within the fire limits until a permit shall have been issued therefor. No permit shall be issued unless such construction is in accordance with this ordinance. The designated Building Inspector shall inspect, as often as prac- tical, construction in progress to see that all provisions of this ordi- nance are being complied with. All plans and specifications submitted to tae City Engineer, shall comply with all city ordinances of the City of College Station, Texas, and with Article 3271A of .the Revised Civil Statutes of the State of Texas. SECTION 3, CONSTRUCTION REQUIRED WITHIN'THE FIRE LIMITS: No building or structure of wooden, ironclad ( whether on wood or metal sup- ports), stucco, or veneer type construction, or any building whose walls contain wood supports, shall bye permitted except as indicated in Section 4, No building shall hereafter be built, enlarged, or altered, except in accordance with this ordinance. The thickness of walls shall be not less than.as given below:.. Brick walls shall be not less than 12 inches thick, except that small one-story buildings with floor areas of 750 square feet or less may have walls 8 inches thick. 113 Reinforced concrete walls may be three-fourths of the thickness of brick walls, but in no case less than 8 inches. Hollow building tile may be used as filler wallsprovided such walls be supported on reinforced concrete beams and footings, and by adequate reinforced concrete or brick pillars or columns spaced not more than 16 feet apart; walls to be not less than 12 inches thick. Small one-story buildings of less than 500 square feet floor area may have walls of 8 inch hollow building tile. Solid stone walls shall be 4 inches thicker than brick walls for like construction. SECTION 4. FRAME BUILDING IN FI.RE LIMITS: The following frame structures are permissible in the fire limits: a. Temporary one-story frame buildings for the use of builders. b. Wooden fences not over 8 feet high without roof or cover. SECTION 5. ROOFS. All buildings or structures hereafter constructed in the fire limits shall have incombustible roof coverings. No roofing on an existing roof shall be renewed or repaired to a greater extent than 10% of the roof surface, except in conformity with this ordinance, and in no instance shall more than one permit be issued each existing building in any one year. SECTION 6. REPAIRS AND ADDITIONS: Any existing building with- in the fire limits which may hereafter be damaged by fire, decay, or otherwise, to an amount greater than 50% of its present value, exclusive ' of the foundation, shall not be repaired or rebuilt, but shall be re- moved. 00091 #4 Extensions, remodeling, or additions to existing buildings shall not be considered as repairs, and shall not be permitted except when conform- ing with Section 3 of this ordinance. SECTION 7. ARBITRATION: Whenever an application for permit to re- pair any existing building already located within the fire limits is made by any person or firm, and the City Council and the applicant disagree on the extent of repairs to be made, and a permit is denied by the designated Building Inspector, then the City Council shall appoint a competent and dis- interested person, and the applicant shall appoint a competent and disin- terested person, which said two persons so appointed shall select a third member, and these said three persons shall appraise the building, examine the plan of the proposed work, and the statement of materials and labor to be used in the repairing or rebuilding of said building, and make a signed written report of their findings to the City Council. If such report re- flects clearly that said rebuilding or repairing would be a violation of this ordinance, then such application for 7ermit shall be denied by the City Council, and if such report reflects that the person seeking said permit has complied with said ordinance, and the requested rebuilding or repairing is not in violation of said ordinance, than said City Council or Commission shall issue a permit for the proposed rebuilding or repairing. SECTION 8. VALIDITY OF ORDINANCE: If any section, paragraph' sub- division, 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 00092 ##5 the part so decided to be invalid or unconstitutional. SECTION 9, FEES: Fees for building permits required by this ordinance shall be as follows, and shall be paid to the City at the time the written request for permit is filed. Cost of Operation Building Permit Fee $ 50 to $ 250 $ 1.00 251 to 1000 2.00 1001 to 3000 3.00 3001 to- 5000 5.00 5001 to 7500 7.50 A11 over 7500 10.00 Plumbing inspection fees $2.00 per trip with two inspections required. Electric inspection fees $2.00 per trip with two inspections required. Accompanying each permit there shall be one complete set of plans and specifications which shall remain in possession of the city. SECTION 10. P NALTIES: Violation of any of the provisions of this ordinance shall be punishable by a fine of not over 4100 per day of vio- lation, and each day of violation shall be considered as a separate offense. I hereby certify that this is a true and correct copy of an Ordinance passed by the City Council of the City of College Station, Texas, on the 22 day of August , 1940. s/ Frank G. Anderson. Mayor ATTEST: s/ Lucy L. Sneed .asst. City Secretary 00093 ORDINANCE NO. 38. - 1 - AN ORDINANCE TO PROMOTE THE HEALTH, SAFETY, MORALS OR THE GENERAL WELFARE BY REGULATING AND RESTRICTING THE DENSITY OF POPULATION AND THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY OR OTHER PURPOSES AND BY REGULATING AND RESTRICTING THE HEIGHT, NUMBER OR STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURS; THE FERCENTAGE OF LOT THAT MXY BE OCCUPIED; THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES, ALL IN ACCORDANCE WITH A COMPREHENSIVE PLAN; CREATING AND DEFINING THE POWERS OF THE ZONING COMMISSION. PROVIDING RULES OF PROCEDURE BEFORE.THE ZONING COMMISSION; REPEALING ALL OR- DINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A FENALTY FOR V.ILLATION HEREOF. Whereas, the Council of the City of 'ollege Station, has made extensive investigations,inspections, studies, maps, graphs, and surveys of the uses of land, state mined buildings and structures, the li*ing conditions of the citizens, and the of the public peace, health, safety and general welfare, and has deter - that it is necessary in order to lessen congestion in the streets, to secure safety from fire, panic andother dangers, to protect and promote the health and peace of the public, to provide adequate light and air, to provide adequate water, sewage and other public utility needs, to prevent the over- crowding of land and undue concentration of popthlation, to facilitate adequate provisions for schools, parks, playgrounds and other public requirements, to promote the orderly development of the City of College Station and it environs along the lines of a sustematic plan therefor, and to provide for the most appropriate use of land throughout the City and its environs in accordance with such conprehensive plan; Now, therefore, be it ordained by the Council of the City of College Station: Section 1. DEFINITSONS. For the purpose of this Ordinance, the following words and terms as used herein are defined to mean the following: Words used in the present sense include the future; words in the singular 2 - number include the plural; and words in the plural number include the singular; the word "building" includes the word "structure"; the word "shall " of the word "must" is mandatory and not directory; the word "lot" includes the word "plot"; the term "used for " includes the meaning "designed for " or"intended for". -1. "Accessory building"; A subordinate building or a portion of the main building, the use of which is incidental to that of the main building or use of the property. 2. "Alley"; A public way which affords only a secondary means or access to abutting property. 3. "AFartment House": A building arranged, intended, designed or occupied by more than two families. 4. "Apartment": A suite of rooms or a room arranged, intended, designed or used as fiche place of residence of a single family or group of individuals, living together as a single housekeeping unit. 5. "Apartment hotel": An apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but ehe privileges of which are not primarily available to the public. 6. "Basement": That part of a building below.the first story as defined in paragraph 37 of this section. 7. "Block": A piece or parcel of land entirely durrou{ided by public high- ways or streets. 8. "Boarding House or Lodging house": A building other than a hotel where lodging or meals are proirided for five or more persons for compensation, pursuant to previous arrangements, but not to the public or transients. 9. "Project House": A building other than a hotel where lodgings or meals are provided for five or more students and where such students contribute pro rate to the cost of such lodgings or meals. 10. "Business": The purchase, sale, or other transaction involving the handling or disposition of any article,, substance, or commodity eor commercial - 3 - purposes or the maintenance of offices, recreational or amusement enterprises or the maintenance or use of buildings or property for commercial purposes, for hire, or for which a fee or charge is made. - 11. "Corner Lot": A lot abutting upon two or more streets at their inter- section. 12. " Curb Level": the mean level of th curb infront of the lot, or in case of a corner lot, along that abutting street where the mean curb level is the highest. 13. "Dwelling": A building arranged, intended, designed or occupedl by not more than two families. 14. "Dwelling, multiple": A building arranged, intended, designed or occupied by three or more families. 15. " Family": Any number of individuals living together as s single house -keeping unit as distinguished from a group occupi.ed.: a boarding house, lodging house or hotel as defined herein. 16. "Front Yard": An open space, unoccupied by buildings or structures (except hereinafter provided) across the full width of the lot extending from the front line of the building to the front street line of the lot. 17. "Frontage of a Corner Lint": A Lorner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the City ngineer. 18. "Garage, private", An accessory building for storage only of m for vehicles. 19. "Garage, Public": Any building or premises used for the storage, care or repair of motor vehicles which is operated for commercial purposes. 20. "'Garage, community": A garage other than a public or private garage providing stroage for vehicles with facilities for washing, but no other services, such garage to be in lieu of private garages within a block or portion of block. 21. "Height of Buildings" : The vertical distance measured from the high- est of the following three levels: a. Fron the street level, b. From the established or mean street grade in case the curb has not been constructed, c. From the average ground level of the portion of the lot adjoining and within ten feet of the building where it sets back from the street line ten feet or more, to the level of the highest point of the roof beams of flat roofs or roofs inclining not more than one inch to tilt) foot, and to the mean level of the slope of the main roof for moresteeply sloping roofs. 22. "Height of yard or court": The vertical distance from the lowest level of such yard or court to the highest point of any bounding wall. 23. " Hotel": A building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and in which there are more than fiftenn sleeping rooms. 24. " LotY A plot, parcel, piece or tract of land which may be occupied by one building and the necessary buildings or uses customarily incident thereto, including such open spaces ase'are arranged, designed or intended to be used in connection with such building. 25. "Lot, interior": A lot whose side lines do not abut upon any street. 26." Lot, through": An interior lot having frontages on two streets. 27.. "Lot lines": The lines bounding a lot as defined herein. 28. "Lot Depth": The distance from the front street line to the rear line measured in the mean direction of the side lines. 29. "Lot Width": The mean distance between dide lines measured at right angles to the depth. 30. "Non -conforming use, building or yard": One that does not, by reason of design or use, conform with the regulations of the district in which it is situated. - 5 - 31. " Rear Yard": An open space, unoccupied (except as hereinafter provided) between the rear lot line and the rear line of the principal building and the side lot lines. 32. "Place:" An open , unoccupied space other than a street or alley establ- ished or dedicated for the purpose of access to property abutting thereon. 33. "Rear Line": The boundary line which is opposite and most distant from the front street line; except that on irregular lots the rear line shall not be deemed to be farther back for the purpose of this ordinance than a line parallel with the front street line, distant as far as possible therefrom entire- ly on such lot and not less than ten feet long. 34. " Rear Yard Depth": The mean distance from the rear line of the prin- cipal building to the rear lot line:. 35. " Side Line": Any lot boundary line not a front or rear line thereof, a side line may be a party lot line, a line bordering on an alley or place of or a side street line. 36. "Side Yard": An open, unoccupied space on the same lot with the build- ing between the main building and the adjacent side line of the lot, and extend- ing entirely from the fron t yard to the rear yard thereof. 37. "Story": khat part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor there- of. A top story attic is a half stroy when the main line of the eaves is not a- bove the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four feet above the curb level, established or mean street grade, or average ground level, as mentioned in paragraph 20 of this section. 38. "Street": A public thoroughfare or place which affords principal means of access to property abutting thereon. 39. "Street Line": Is the dividing line between the street add the abut- - 6 - ting property. 40. "Street Width" The mean of the distances between the abutting property on the oppostie sides or a street within the block upon which the lot fronts. Section 2. DISTRICTS ESTABLISHED. For the purpose of regulating and res- tricting the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land, and regulating and restricting the lo- cation of trades and industries and the location and design of buildings for specific purposes, and to regulate and limit the height and the area of yards and other open spaces, and to regulate and of population, the City of College Station is hereby divided districts, as follows: District No. 1. First Dwelling House District. District No. 2. Second Dwelling House District. District Noa. 3. Apartment House District. District No. 4. First Business District. District No. 5. Second Business District. Section 3. DISTRICT MAP ADOPTED. The boundaries of the districts as enumer- bulk of buildings, limit the density into five (5) ated in Section 2 of this ordinance are hereby established and adapted as shown upon the map attached hereto, which map is hereby made a part of this ordinance and is hereby designated as the "Zoning District Map", and said map and all the notations, references and information shown hhereon are hereby made as much a part of this ordinance as if the same were set forth in full herein. It shall be the duty of the City Secretary to keep on file in his office the original of said district map, and duplicate copies thereof showing all the changes, amendments, or additions thereto, shall be kept on file in the office of the City Secretary. In determining the boundaries of the various districts as shown on said map, the streets, alleys or highways shall be the boundary lines. Where the boundaries,of vaicmaus districts are not shown as such streets, alleys or - 7 - highways., such boundary line shall be the nearest lot line of record at the time of passage of this ordinance. SECTION 4. REQUIREMENTS MUST BE OBSERVED. Lxcept as hereinafter provided: 1. No buildings, structures or land shall be used for any purpose other than is permitted in the district in which such building, structure or land is situat- ed. 2. No building or structure shall be erected, moved, e±tended, enlarged, reconstructed or structurally altered to exceed the height or area limit herein established for the district in which such building or structure is situated. 3. No lot area shall be reduced or diminished so that the yards or other open spaces shall be mailer than prescribed by this ordinance, nor shall the density of population be increased in any manner, except in conformity with the area regulations established herein. DISTRICT NO. is SECTION g. REGULATIONS. First Dwelling House District. In District Noy 1, no building, structure, land or premises shall be used, and no building or struc- ture shall be hereafter erected, moved, constructed or altered, except for one or more of the following uses: 1. Dwellings. 2. Public schools, parks, playgrounds, museums, libraries, recreational buildings, fire stations or other public buildings or uses owned, controlled and operated exclusively by the City of College Jtation, the State of Texas, or the United States. 3. Farming and truck gardening, but not including the keeping of hops, sheep or goats. 4. Nurseries and green yhouses for the propagating and cultivating of plants only; provided, no retail or wholesale business shall be carried on upon the premises.so used, and, provided further that no fertilizer is stored upon the premises, and no soil or fertilizer renovation is carried on upon the pre— - 8 - ises. 5. rrivate golf clubs, when not operated as a commercial business or for profit. 6. Accessory buildings, including a private garage, when situated upon the Same lot..with the main building and not less than sixty (60) feet from the front lot line, and not less than three feet from any side lot line,and in case of corner lots not less than the distance required for residenbe from side streets; buildings for servants:quarters, provided such quarters are occupied only by servants employed on the premises, and not rented as a separate domicile or dwelling, and provided further that such servant's quarters shall be not less than sixty (60) feet from the front line and not less than five (5) feet from any side lot line, End in the case of corner lots not less than the distance required for residences from side streets; except that a private garage or servant's quarters may be constructed as an integral part of the main building, subject to the height and area regulations of the main building. 7. In District No. 1, no private garage shall provide storage for more than one vehicle for each twenty-five hundred (2500) square feet of lot area. 8. Uses, customarily incident to any of the other uses enumerated herein when the same are situated in the dame dwelling or apartment, including such home occupations as that of a Physician, Surgeon, Dentist or Musician, provid- ed, such persons carrying on such customary home occupation,• may do so in a dwelling or apartment used by him as a private residence, provided , no other person than the members of his own household are employed in such occupation and no window display or sign more than forty square inches in area is used to advertise the same. A billboard, signboard or advertising sign shall not be permitted as an accessory use. The placing of a "For Sale" or "For Hent" sign not more than eight square feet in area shall be permitted as an accessory use. During construction of a building, one sign advertising contractors or architects on such building shall be permitted, provided, such sign shall not be more than eight square feet in area and shall be set back of the established or customary -9 - building line, and such sign shall be removed immediately upon completion of such building. A driveway or walk used for access to a use permitted in any other alalstrict shall not be permitted as an accessory used in District No. 1, nor 'shall any use permitted in any other district be permitted as an accessory use in District No. 1. HEIGHT AND AREA RESTRICTIONS. In District No. 1, the height of buildings, the minimum dimensions of yards and the minimum lot area per family permitted upon any lot shall be as follows: HEIGHT: No building hereafter erected or structurally altered shall exceed two and one-half stories or thirty-five feet in height, except as provided herein. REAR YARD: The depth of the rear yard shall be not less than thirty per cent of the depth of the lot, provided, such depth need not be more than a total of thirty feet. Ae FRONT YARDS: There shall be a front yoLi ttot less than twenty per cent of the depth of the lot, but such front yard need not be more than twenty- five feet. SIDE YARDS. There shall be a side yard on each side of a building not less than five feet in width,. provided, that on a lot having a width of less than .fifty feet as shown by the last conveyance of record at the,time of the passage of this ordinance, there shall be a side yard on each side of such build- ing of not lovas than four feet, and provided, that on a lot.having a width of less than forty feet as shown by such conveyance, there shall be a side yard on each side of the building not less than three feet./ Buildings on.corner lots C. where interior lots have been platted on side streets shall provide a side yard adjacent to the side street of not less than 50J of the front yard established for buildings on interior lots on the side street, provided, this regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the time of the passage of this ordinance to less than 65% of the total width of such lot, and provided further, that the side yard regulations herein must be observed. Accessroy buildings on corner lots where interior lots - 10 - have been platted on side streets, shall not project beyond the front yard line established on the side street, provided such line need not be more than twenty- five feet. LOT AREA PER FAMILY: Every building or portion of building hereafter erected, moved or altered for residence purposes 6n District No. 1, shall provide a lot area of not less than five thousand square feet per family. DISTRICT NO. 2. Section No. 6. REGULATIONS. Second Dwelling House District. In Listrict No. 2, no build- ing, structure land or premises shall be used and no building or structure shall be hereafter erected, moved, constructed or altered except for one or more of the following uses: Any use permitted in District No. 1, including the regulations as established therein for garages, servant's quarters and accessory buildings and uses, except that in District No. 2, no private garage shall provide space for storage for more than one vehicle for each fifteen hundred square feet of lot area. HEIGHT AND AREA RESTRICTIONS. In District No. 2, the height of buildings, the minimum dimensions of yards and minimum lot area per family peemitted upon any lot shall be as follows: HEIGHT: No building hereafter erected or structurally altered shall exceed two and one-half stories or thirty-five feet except as provided herein. REAR YARD: The depth of the rear yard shall be not less than thirty per per cent of the depth of the lot, provided, such depth need not be more than a total of th irty feet. FRONT YARDS: There shall be a front yard not less than twenty per cent of the depth of the lot, but such front yard need not be more than twenty-five feet. SIDE YARDS: There shall be a side yard on each side of a building not less than five feet in width, provided, that on a lot having a width of less than fifty feet as shown by the last conveyance of record at the time of the passage - 11 of this ordinance, there shall bo a side yard on each side of such building of not less than four feet, and provided, that on a lot having a width of less than forty feet as shown by such conveyance, there shall be a side yard on each dide of the building not less than three feet. Buildings on corner lots where interior lots have been platted on side streets shall provide a side yard adjac- ent to the side street of not less than 50% of the front yard established for buildings on interior lots on the side street,. provided, this regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the time of the passage of this ordinance to less than 65% of the total width of such lot, and provided further, that the side yard regulations herein must be observed. Accessory buildings on corner lots where interior lots have been platted on side streets, shall not project beyond the front yard line establish- ed on the side street, provided such line need not be more than twenty-five feet. LOT AREA PER FAMILY. Every building or portion of building hereafter erect- ed, moved or altered for residence purposes in District No. 2, shall provide a lot area of not less than twenty-five hundred square feet per family. • DISTRICT NO.3 Section No. 7. REGULATIONS. Apartment House District. In District No. 3, no building, structure, land or premises shall be used and no building or structures shall be hweeafter erected, moved, constructed or altered except for one or more of the following uses: Any use permitted in istrict No. 2, including the regulations as established therein for garages, servant's quarters, and accessory buildings and uses, except that in District No. 3 no private garage shall provide space for storage for more than one vehicle for each one thousand square feet of lot area. Apartment Houses. Boarding Houses or Lodging Houses, but not Boarding and LodginhgHouses Maintained for Student Use. Hospitals or Sanitariums other than for the insane or feeBle minded. - 12 - Philanthropic or eleemosynary use or institution other than a penal or cor- rectional institution. Private Clubs, except clube, the chief activity of which is a service custom- arily carried on as a bu$iness. Private or Paroc1aaal Schools, Colleges and Universities. Hotels and apartment hotels, including only such facilities as -are customar- ily required for the operation of a hotel or apartment hotel or for the use of or entertainment of guests or tenants, and provided such facilities are conducted and entered from within the building and provided no window or other display or sign is used to advertise the same. The City Council may permit comnul/ity garages in District No. 3, under the following limitations: 1. Such building shall be set back from the, street line a distance of not less than ten feet greater than the building lines established by this ordinance. 2. No commercial vehicles shall be housed in such community garage. 3. Vehicles may be washed therein, but no commercial use of the premises shall be permitted. 4. ouch building shall not provide space for the storage of more vehicles than the total num ber of vehicles permitted by this ordinance to be stored on the lots served by such garage. 5. Access thereto, if from the street, shall be by not more than one drive- way. HEIGHT AND AREA RESTRICTIONS. In District No. 3, the height of buildings, the minimum dimension of yards and the minmmum lot area per family permitted upon any lot shall be as follows: HEIGHT: No building hereafter erected or structurally altered shall ex- ceed three stories or forty-five feet in height, except as provided h rein. RZAR YARD: The depth of the rear yard shall be not less than twenty- five per cent of the depth of the lot provided such depth need not be more than a total of twenty-five feet. FRONT YARD: There shall be a front yard not less than twenty per cent of the depth of the lot, but such front yard need not be more than twenty-five feet. SIDE YARDS: There shall be a side yard on each side of a building not less than five feet in width, provided, that on a lot having a width of less than fifty feet as shoen by the last conveyance of record at the time of the pas- sage of this ordinance there shall be a Bide yard on each side of such building of not less than four feet, an provided, that on a lot having a width of less than four feet, and provided, that on a lot having a width of less than forty feet as shown by such conveyance, there shall be a side yard on each side of the building not less than three feet. Buildings.on corner lots where interior. lots have been platted on side streets shall provide a side yard adjacent to the side street of not lwss than 50% of the front yard established for buildings on interior lots on the side street, provided, this regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the time of the passage of this ordinance to less than 65% of the total width of such lot, and provided further, that the side yard regulations herein must be obser- ved. Accessory buildings on corner lots where interior lots have been platted on side streets, shall not prolject beyond the front yard line established on the side steeet, provided such line need not be more than twenty-five feet. LOT AREA FIR FAMILY: Every building or portion of building hereafter erected, moved or altered for residence purposes in District No. 3. shall provide a lot ' area of not less than one thousand square feet per family. DISTRICT NO. 4 Section No. 8. • REGULATIONS. First Business 'district. In District No. 4, no building, structure, land or premises shall b e used and no building or structure shall be hereafter erected, moved, constructed or altered, except for one or more of the following uses: Ani use permitted in istrict No. 3. - 14 - Automobile parking yard or spaces, when conducted as a business., Bank. Ba4ery employing not more than five persons. Cleaning, pressing and dyeing plant, employing not more than ten persons, provided that none except non -explosive cleaning'fluids shall be used. Gasoline and oil filling stations, provided that no opening for the filling of emptying of gasoline storage tanks shall be permitted within one hundred feet of any use permitted in Districts Nos. 1,2,or 3, or within one hundred feet of any boundary line of Districts Nos. 1, 2, or 3, when such boundary line is whitnin the same block. Public garages. Gold Club or Golf Course, when operated for profit. Ice Delivery Stations, for storage and the sale of ice at retail only. Job Printing, provided total mechanical power used in the operation of such printing plant shall not exceed five horse power. Hand Laundry, employing' not more than five persons. Theater and Moving picture show, and recreational clubs. Offices. Restaurant, Cafe or Cafeteria. Studio, Stores and Shops, for the sale of iroducts at retail only. Shops for custom work or the manufacture of articles to be sold at retail on the premises, provided that in such manufacture total mechaincal power shall not exceed five horse power for the operation of any one shop, and, provided that the space oppupied by the manufacturing use permitted herein shall not exceed fifty (50%) per cent of the total floor area of the entire building or the equiv- alent of the ground floor thereof, and, provided further that such manufacturing use is not noxious or offensive by reason of vi§ration, noise or the emission of odor, dust, smoke or gas. 15 Advertising signs, when the same are attached to a building and adverttse only services, articles' or products which are offered within the building to which such sign is attached, and provided, that such signs shall not extend above the outside walls of such building: or more than one foot from the face of the wall of such building. No detached sign or billboards shall be permitted in District No. 4. - 16 - HEIGHT AND AREA RESTRICTIONS. In District lo 4, the heiht of buildins, the minimum dimensions of yards and the minimum lot area per family permitted upon any lot shall be as follows: HEIaEIT: No buildin . hereafter ex, cted or structurally altered shall exceed two and one-half stories or thirty-five feet in heiht, except as provided herein. REAR YARD: The depth of the rear yard shall be not less than twenty-five per cent of the depth of the lot provided such depth need not be marc than a total of twenty-five feet. 7,10rT -'1,21RD: In no case shall any buildinL; be erected, moved, or altered in District 4, unless the same shall be not less than fifteen (15) feet from the front lot line. It is required that of this set- \ back ten (10) feet shall be provided for automobile parkin, purposes and that five (3) feet, adjacent to the buildin, shall be sidewalk. But if the street width from lot line to lot line is more than 80 feet then parkin, space need not be provided, althou2n in all cases fifteen (15) feet setback will be re„juiJ.od. SIDE 711ADS: There shall be a side yari. on each side of a build- inused exclusively for residence purposes, not less than five feet in width, provided, that on the lot havin,; a width of leas than fifty feet as shown by the last conveyance of record at the time of the passage of this ordinance there shall be a side yard on each side of such buildin, of not less than four feet, and provided, that on a lot havin a width ofless than forty feet as shown by such conveyance, there shall be a side yard on each side of the building not less than three feet. LOT AREA PER FAMILY: Every building or portion of buildin here- after erected, moved or altered for residence purposes in District No. 4 shall provide a lot area of not less than one thousand square feet per family. In District Lo. 4, no building usoC" desi;ned or intended to be used for District Lo. 4 use shall be hereafter erected, moved, altered or structurally changca unless the outside walls thereof shall have a• fireproof layer of brick, stone, tile, terra cotta or other non-com- bustible material on the outside of suol. walls, not less than our inches in thiclness, a:Lid n1os t roof on such building or structure shall be of tar and ,ravel, slate, tile or other composition roof; provid'2d, thLt this provision shall not apply to buildings used, desined or intended for 11066 a enumerated herein for Districts ros. 1, 2, and 5, which are constlustel, erected, mcv,./A or ulteerL in District No. 4. Section 9. RECITTLATIOLIS. Second bus listrict. In District No. 5, no , structure, land or premises shall be useu and no building 01 structure, shall be hereafter erected, moved, constructed or altered, exc,pt for one or i.ore of the following uses: pori_ittod i. District ro. 4. Yanuf,cture. Battery tation. Laundry, employin more than five persons. Manufacture of products to be o1 ut retail upon the premises, provided that mechanical power, not in excess of five horse power, is D.L;TICT EC. 5 - A - 18 - used in the operation of any one machine, and provided such use is not noxious or offensive by reason of the emission of vibration, smoke, dust, ,as, OY noiae. Ice Ylant„„ milk pasteurizing, bottling or distributing, of not more than sicty tons capacity per day, if operated by electlical power only. -torage. in bulk or warehouse for auch material••as household goods, clothing, drugs, glasa, dry goods, furniture, hardware, groceries, lubricating oil, millinery, paint and paint materials, bottling works, lumber yard, building materials, wholesale house, rubber, shop supplies, tobacco, turpentine or varniah. Tire 6hop. Wholesale sales rooms. HEIGHT ..FD In District Lo. 5, the height of buildinga, the minimum dimension of yaaA and the minimum lot area por family permitted upon any lot • hall be as follows: • HEIGHT: To buildin hel'eafte-z e:cected crz stl.uctu:cally alte:ced shall exceed eiht stories OT one hundled foet in heijat, except as provided herein. REL2 Y.iiRD: The depth of the rear yard shall be not less than twenty-five per cent of the depthof the lot provided such depth need not be more than a total of twenty-five feet. FhOrT '1"R -In no case shall any building be erected, moved, or altered in Diatlict 5, unless the same shall be not less than fifteen (15) feet from the front lot line. It is required that of this setback ten (10) feet shall be provided for automobile parking purposes and that five (5) feet, adjacent to the buildiri; shall be sidewalk. But if the street width from lot line to lot line is more than '80 feet then parkin_ space need not be provided, although in all cases fifteen (15) feet setback will be required. SIDE YARDS: There shall be a side yard on each side of a building used exclusively for residence purposes of not less than five feet in width, provided this width shall be increased one inch for each foot of height of buildin above thirty-five feet° LOT AREA PER FAMILY: Every building or portion of building hereafter erected, moved or altered for residence purposes in District Teo. 5 shall provide a lot area of riot less than four hundred square feet per family. In District No. 5, no buildin ; used, desi;� ned or intended to be used for District No. 5 use shall be hereafter erected, moved, altered or structurally changed unless the outside walls thereof shall have a fireproof layer of brick, stone, tile, terra cotta or other non-cum- bustible material on the outside of such walls, not less than four inches in thickness, and unless the roof of such building or structure shall be of tar and gravel, slate, tile or other composition roof; provided, that this provision shall not apply to buildings used, design- ed or intended for uses as enumerated herein for Districts Nos. 1, 2, and 3, which are constructed, erected, moved or altered in District 3 o. 5; and provided further that any buildin; erected, moved or altered in District No. 5, which is more than three stories in hei-L;ht shall be constructed entirely of fireproof material. Section 10. SPECIAL CLASSES. The following uses may be situated in any district by special permission of the City Council and under the limitations for cases before such City Council as set forth in this ordinance ao that the same shall conform to the deneral intent and purpose of the ordinance; and in any case involving any use as set forthin this section, it shall be the duty of the City Council to first deterrnind whether such use would conform to the general in- tent and purpose of this ordinance; provided, that such uses shall comply with the .provisions of the district within which it may be situated, relating to heiuht and .area regulations. Church.. Amusement Park. Aviation Field. Billboard or detached sign J Crematory, for the disposal of the human dead. Cemetery. Dance .Hall operated for profit. Hospital for insane or feeble minded or penal correctional institu- tion. Refuse Dump. Sewage or garbage disposal plant. Project House, Student boarding or lodin house. Section 11. HEIGHT An AREA E:XC:PTIOUS: The regulations and requirements as to height of buildings and area of lot which may be occupied by buildinws, side yards, front yards, rear yards and other re rations and requirements as established in the foreE;oin sections of this ordinance, shall be aubject to the following exceptions and additional re ulations: HEIGIIT: (1) That in Distlots Los. 1, 2, 3, and 4 public or semi-public building, suchas hospitals, sanitariums or schools, either public or pa ivate , may be erected to a height not exceeding sixty (60) feet, provided that such buildinj. shall be set back one a.d itional foot on all sick:. for each additional root :such buildings shall exceed the specified hei;ht limit as establis e e by the reula- tions of the District in which such building is situated. (2) Dwellings in Districts Nod. 1 and 2 may be increased in height not exceeding ten (10) feet in addition to the limitations prescribed in such districts, provided that two side yards of not less that fifteen (15) feet in width, each, are provided. In no case shall such dwelling, however, exceed three stories in height. (3) Parapet walla shall not extend more than six (6) feet above the height limit. Flagpoles, chimneys, cooling towers, electric dis- play sins, elevator bulkheads, penthouses, finials, gas tanks, gain elevators, stacks, storage towers, radio towers, ornamental towers, monuments, cup0ias, domes, spir0, standpipes, false mansards and necessary mechanical appurtenances may be erected as to heisht in accordance with existing; or hereafter adopted ordinances of the City of College Station, except that in District& Nos. 1 and 2, no radio aerial support shall be erected more than five (5) feet above the limitations of such districts and in no event shall extend more than five (5) feet above the ridge of a roof. (4) On through lots one hundred twenty-five (125) feet or less in depth, the height of a building may be measured from the curb level of either street. On through Iota of more than one hundred twenty-five (125) feet in depth, the height regulations and basis of height measure- ment. for the street permitting the greater height, shall apply to a depth of not more than one hundred twenty-five (123) feet from that street. (5) For any buildina used jointly for business and residence purposes or industry and residence purposes, the number of faceiliee permitted by the lot area requirements pee family shall be roe ced in the same proportion as the floor urea devoted to business or industry bears to the entire floor arca of the buildinL;, provided, that floor area below the first floor of such building shall not be included in any calculation under this provision. (6) For any buildin; providing jointly for hotel and apartment house uses, the number of families permitted in apartments by the lot area requieemonts per family shall be reduced in the same proportion as the total floor area devoted to hotel or non -housekeeping use bears to the total floor area devoted to both uses. Section 12. SIDE AND REAR YARD EXCE'FTIOj 5: (1) Buildings on through lots in Districts I%os. 1, 2, and 3 where such lot is two hundred (200) feet or more in depth, shall provide an equivalent open space in lieu of the required rear yard, provided, that in any case where the rear lot lines are continuous through the block, if a through is secured by combining; any two or more non -through lots and their common line is eliminated or built over, any builaine on such through lot shall provide a court above the level of the fust ;tory open and unobstructed the full width of the lot and for the full distance between the projected minimum rear yard lines. It is the purpo:;c of this re- u1ation to secure adequate ventilation for the interior of the block. (2) In computin, t'__, depth of a rear: yard or any buildin., where such yard abuts upon an alley, once -half of such alley may be assumed react puno:!:,7 uo DR.Trea r oq TTrqlqq_ q.rtlor 'pspTAod 4q.00:qp aTcs r Tj uT-,1qTm. parl aroz r opTLoad poou roT aouaoa tIO DU 1tX oDTs r o'pTAoad q.ou poou soodand: TIT?Tag.fmpuT ao soLiTucL zo larT;ard zco STIou,m TJ,9Pla JAI; pun IflO Tq.TOE UT s7uT171.Tna (9) °par.E tT cni; „To ;uso,Tod /4,To; - (pp) Rdn000 .g.rm Te7.47TI,T, q.Gt7)37 (91).11G04.7.T7 rC)• JZaoq.s GUO LI am ;au sT 7-c1TDITuci. Tqop.5! TT 'ATT pur flOJ FQ-0T79,-TG LIT q-nTiq- q.de07G "Par zee,' otq. .TO ;uso znd ()e) iq.rtj. ur174 o,Tom q.ou 2:T-apoo cTuTPITncl. uTrm 01,4 LL l; x07.1T-LI YOJlur uT ,70 447T0-7, UT T 0m4 to q.GD; (pg) an(); -R;uem; S3uTpoGoxe ;OU 'MTPTTlaq 4,Tos-Gor ur 1ZLI n TtI (0). xray r owT ;0o; (p) xnol_ urTig- .par.g 0,To7,1 ;ou ;Gott Rrul sJZrmaTr;s epTs;no po:cdo,TT; pasoloue pur soTuooTrq ps:Toour_ pTiog .pom.E xro; to epTs o;uT ;GenT (p) :ma; urTi; ecrom q.ou ;o0CoJcd: .grru Gdrose oaT; uoJo uv (p) epariC! o;uT 4.GO,T (2) ooatv.1.. =Tr 0,7r07:1 ;07 q.00TCI Rrm GoTuJcoo r Trcmqotq otq. ;0 V)!;); (q) uT7;Tm 4LpTAo7d cpur !;Gej (e) ;1.17Te pGao7co o; ;o.0 p,71?.!: arGzr: r o;uT O[OT! m'sopTs pesoiououn Geoni; T,T;Tm se7oJ.od Ra:o;s ouo .4/314 xo1i;x1II pepTAo,Td 'pun !pref Ilons.o;uT q.OGJ": ;q-ouo pur OM. ;01.1 ?0q0,7:(T A'rui ooTILToo u,ons 4;72Toli uT eJ (22) OAT; urti; e,Tou ;OU sT 7-uTPTTnq otq. JT cpepTAo:rd: fseqouT Jcno.T. 7uTpeowco ;ou soL7ng_rGI Tr;uomru,To xeY,T;o Jr() sooTuo:oo gSGROMOO ;Tog csTITs mopuTm OsuoT;ooCoo:JS.xruTp,toO. 7.0; ;Jooxo pus, gparf. IIOUP O mo;;oct aqq. eAoqr s;odrard pur s;Ii2TT ,To suoT;oqoa:d -mo;sno a7; ,To; ;doom° pa;m7;sqoun 'SqsGTfl o; TGAGT lions luo: uGdo eq Tirtis 'GAG' uGAT:3 Rur 2 1.)Tr4! P LIT poJETuT)o,T. 0111 (2) opar ;To uoT;,Tod r og oq. - 24 - hee a rear line adjoining 'o't: within Districte lo.. 1, 2, or 3, and, provid'Jd th-t ,eo:tione of such b-'ldins which are designed or e.e:dOI livin dl/..1)02J.., shall provide on any floor open. ival_-,t '6o the area of side an. e „Lail -ea in the district in which euoh i2 b_ th, jQJj 02 additional front oe rear yard.- 0_, JJ U_ to the ,A32t os: yc,l'a; provided that (a) 10 cot a11 h-vo a width 1e than ton (10) feet nor less than one-fourth (24) of ib e lonth, -lor a wiath of leee than two and one-half inchos for each foot of hoi„ht of the Co.,_..t. ) That the 'iiia of an- i;)ortion of a i'equia:ed ;Ade yalid provided in this ordinanco may be considered a part of such court.' (c) For buildinge on corner lot,•the total open Tace required by this section may be reducea by ten (14 percent of the lot area. (7) In Dit2ict3 Loe. 1, 2, and 3, whel'e buildine 011 adjoinin ao not conform to the eie yard requirements of this ordinanee, bhe City Council may vary the side yard -killii.ement in acaol'aance with the limitations upon the poware of the Council e6tablished in this ol'dinance; p::ovided, that no buildin bo built neal.e than thl'ee (3) feet to the side lot lino and pl•ovidin that the width of the. buildin allowable undeithe l'e,i;ulation of t1i6 ol-dinance may not be inc-J:eai3ed. (8) 1To -1-,oviion of thi:, o:,-dinance .,;hall be 60 interpreted to shut off any e,ential or vntilation of a builai-which ie '60cue1 by wind.o'. o othea: 01)0fliii,,;2 which aro on the lot line and open :upon U.0ii adjoinin-: lot. .It is the purpose of this reulation to secure permanently healthful conditions within such buildin and to prevent the clo.Ari, up of any necessary v:inqous therein throuh • the laful erection a.e.inst the o a buildin upon such adjoining lot. ..)ection 13. FROZT y.day (1) In Districts 1 to 3 inclusive, W,O_J the frontage upon the of a street between two intersectin, 6'6rJets is occupied o partially occupied by a building02 buildinc;s with front yards which do not conform to the provisions of this e.dinunce, or where the confLuration of tho' tround ia such that confo:r-ity with the front yard provisions of this ordinance would work a hardship, the City Council may permit modifications of the front yard requirements applicable to the remainin, frontage upon the 6'Ul110 side o2 such street between such intersectin„; streets. (2) In Districts ros. 1 to 3 inclusive, where the frontae upon the 60,Me side of a street between intersactin streets is occupied or partially °Coupled by a buildin, or buildin,s havin4i; front Yards of. greater depth than - axe reeiuired by this ordinance, no other lot upon the.same side.of such street between such intersectin streets, shall be occupied by a builain, with a front yard of less than tho least depth of any such existing front yards, unless by permission of the City Council subject to the rules and rck:ulatiolis established in this ordinance. (3 iO cornice shall project over the street line .qoro than five (5%) per cent of the width of such street and in no case more than four (4) feet. (4) Eo advertising sign, billboard, or display board shall project over the street line more than five (51) per cent of the width of the street and in no case more than four (4) feet. (5) One-story porches with three unenclosed sides, steps, orna- mental projections and balconies may project into the designated front yard not to exceed ten (10) feet. Section 14. ACCEaSOI Ir USES: A driveway or walk to provide access to premises in one district shall not be permitted in a district of a hither classification. Buildings or structures or uses which are accessory to the use permitted in one district shall not be permitted in a district of a higher classification. Section 15. NO -00 rF0FtMIi' O USE'S. The lasful use of land existing 'at the time of the passage of this ordinance, although such use does not conform to the provisions hereof, may be continued, but if such non-conforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this. ordinance. The lawful use of the building existing at the time of the passage of this ordinance may be continued, although such use doer not conform with the provisions hereof, and such use may be extended throughout the building provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a non-coif o '„ling use of a building may be changed to another non-conforming use of a more restricted classification. non-conform- ing use may not be changed unless changed to a higher use. A non-conforaing use if changed to a conforming use or :.ore res- tricted, non-confor ilin ' use, may not thereafter be changed bac'., to a less restricted use than that to which it was changed. If any property is thereafter transferred to a .more reet.iotive district by a change in the district boundaries, or the re ,Mations and restrictions in any district are made more reetriciive or of a higher clasaifioation by amendment to this ordinance, the provisions of this ordinance relat- ing to the non-conforming use of the building or prerniees existing at the time of the pasaa ;e of this ordinance, shall apply to buildings or premises occupied or used at the time of the passage of such amendment. A building; arranged, designed or devoted to a non-oonforming uve at the time of the passage of this ordinance, may not be reconstructed or structurally altered to an extent in aggregate cost, during any ten-year period, 60% of the assessed value of the building. Section 16. COMPLETION AID RLaTOR TIOT OF EXISTING BUILDIT;G. rothing herein contained shall require any change in the plans, con- struction or designated use of a building for which a building permit has been heretofore issued, and plans for which are on file with the City at the time of the passage of this ordinance and the construction of which in either case, shall have been diligently prosecuted within one year of the date of such permit, and the „round story framework of which including; the second tier of beams, shall have been completed within Duh year and which entire building shall be completed aecordin; to such plan; as filed, within two years from the date of the passage o± this ordinance. Nothing in this ordinance shall prevent the res- toration of a non-conforming building partly destroyed by fire, ex- plosion, act of God or act of the public enemy, subsequent to the passage of this ordinance, or prevent the continuance of the use of such building or part thereof, as such use existed at the time of such destruction of such building; or part thereof, or prevent a change of such existing use under the limitation provided herein, provided, such building; is not destroyed. to the extent of more than sixty (60%) per cent of its reasonable valuation. This ordinance shall prevent the restoration of such non -conforming; building so damaged more than sixty (600) per cent of the reasonable valuation, and shall prevent the continuance of the use of such building; or part thereof as such use existed at the time of such damage, and shall prevent a change of such existing use under the limitations provided by this ordinance. The provisions of this ordinance shall not apply to prevent the extension of any building, existing in any district at the time of the adoption of this ordinance, to the height which the walls, foundation and framework of such existing building origi- nally were intended, designed and constructed to carry; provided, however, that the actual construction of the extensions in height permitted by this paragraph shall have been duly commenced within ten years from the date of the adoption of this ordinance. Section 17. INTERP:CETATIOh"-pwi OSE. In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, and gen- eral welfare. It is not intended by this ordinance to repeal, abrogate, annul or in any way to impair or interfere with any exieting provisions of law or ordinances or any rules or regulations previously adopted pursuant to law relating to the use of buildings or premises; nor is it intended by this ordinance to interfere with or abrogate or annul any easements or convenants between parties; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises than are imposed by such existing provisions of law or ordinance or by such easements, covenants, or a.'reements, the provisions of this ordinance shall control, and where the provisions of such easements, covenants or laws; impose greater restrictions upon the use of buildings or premises, such provisions of such ease- ments, eovenante or laws shall not be interfered with by any of the provisions of this ordinance. Section 18. rudlEidDMEI TS. The City Council may, from time to time, on its own motion or on petition, after public notice and hearings thereon as provided herein, amend, change, modify or repeal the regulations and restrictions as established herein and may chane', restrict or extend, the boundaries of the various disc .icts est- ,iehed herein. Before takin„; any action upon any proposed amendment, modi- iicatione, change, restriction or extension, the same shall bo referred by the Council to the Zoning Commission for report, and recommendation. Section 19. PROTEST. any proposed amendment, change, modifica- tion or repeal of the regulation e and ren ti'ictions eetabliahca herein, or any restriction or extension of the boundaries of the districts established herein which has failed to receive the approval of the Zoning Commission, shall not be passed except by favorable vote of four members of the Council. If a protest against such amendment, chan.ee, modification, repeal, restriction or extension shall be pre- sented, si ned by the owners of 20% or more, either of the area of the land included in sued proposed change, or by the owners of 20 or more of tine area of the land within. 200 foot of such proposed c,: neeee, aoparated theeefrom only by a highway, boulevard, pael.eway, etleet oe aUey, :Juo.a amendment shall not be passed, except by a favorable vote of four members of the Council. oq TTrT s aoTq.ou v,o-ct; ,, ° ^uTarot, oT,q. L: to; poxT J oq.rp or q. o ToTad Carp (gT) u000,-;T; GT Gq q.ou TTrue r,oTT,tL'. To v.oT•q.rOTTgnd a.eaT J or,q_ GoJniq. t"rGT q_r pocl"TTC1nd as O . ° osodtnd Lto;;- tto-yraTo7:Go: pGq.ru TTCOp `uOTQ-r,Inej:TO T1-'4teuil7 ,To J.ocirdct Ott 1l p IrooT r uT suTarGL, pTre ,To eoT ou t; LIETTqua7IIr s .g.arq.o;coocc Rgt0 ctn. pu,> `Cq..d`. —OadttTa7 T1 To oq.'rp prur cno T : ; m Tt't e T troCTi. •,-, r- - . C 0q. o T O?,_ ? c �"_ ' e� 7'.,: `ter T wTO p, ° ..- To uoTg.01112074uT To - c1 y q. T 7T G T °, ' ` UT 210 eT'r re -,q n JT.`. no.: Tt�7. OT aTD-O.T G ci Td n ._ c e r c �- p - - � �- :� T -L . �" � 1- .. �' o o p T - - . - o n1-' o MOV pttr 'TT0uT1.oO or,q. OIoTaq, Troddts uTa.0T sTp-oT O4q. oq. eu0T_ TOQr c[O Rtti? 7tttf ,'LT ett0STOd Tit pur lur 0 T9tItA put? TT itICA G0 ALT& DLT /rp Gruq. To q.0 ur'?a.'??q- n uTr4.uoo ()ern TTt =i" aoTq.ott pTre; °RTo.9 TLTToq. etiq- OpnTouT 0q. PorlocToTd GourLrTpO 1'lTre 7077.-,n Tr'CLj` TF1 q•OT,"' eTp TO eerTO 0u`� pur oq.r•p F ;.T ,''Q' ou'r?u'p To pTrs To uoToronpo.q.UT r qq. To OrO7T.otjry Ont"'� ` sxaq-0r0:'t?TT0 r I T7aT 7T IT"F-,S pIT'r' T e`'TGT1 uT t 0LTT. Otto urT.gq_ eee 4 q.oLT "•''0114-GT uT 117LTTg.0T:Tq.cTp-O? ;0 a0T-T0H14 : papr'tti oc TT'ru nuT.tret To sOOT2.Gu pT'rr •OI'TT':T'ITH LW .OIT,OI FLUID OT IIO-r110O •uo �_r� r a"'aTTop To fq.TO •Tp uoTq.oOr etio To TocTrd TrToTJv 0 • 079r uT pai TTcincT aq T'InTioP"'uTLTrOt; Ti021O TO 00rTcT pttr, uT . et,a. .TO ooTq.ott s rp tteaq..JTJ ?.eroT •OOttrttI1 tO pTre To uoTI.orpoTquT orig. J0 seoTq.ou s o0urt:cT' =70 1,Trr ,sq• p01 -O. :f -Tr t.0T:Tq.' Tp OT TXT7Q-Ttr, s1.0ag-r • Otq 7tt.oEr pa4.sOd RTenonOTdeme Oq, oq. Osnro aouruTp,T-o pTre To voTor -011120T4tT RTaq.7Tpgttrt T TTt -4.TO PTrP Jo Pira .OTO0c `l -TO oqq. uGLLr} `paT,,rTOCTt-; OTOJ :ifluToT-O eq.oT-74eTp OLfl. TO atro 0`a -UT ' To PTT'c JO Su0 ^.<70d Rtr? F 7rTJOLT- 09- TT071100 OT4 o O J0Q p0Orf O 0ruT aq. TT'ruc GouruTp7o ur ' q.Tt.i DOTTCTUOO TtGOCL popTAo:T_d er ' eanp00oLtd eut :tal- r 70A -eve -QM • ;;TIE,OIIO-?s J0 rL^OIMNT °0r uOTq.00T 31 - filed_ with the City Secretary at or prior to the hour set for hear- ing protests. alt the time set for hearing protests the Council shall proceed to hear and pass upon all protests made, either oral or itten and its deciaioas J"_gall bc: final and conclusive.. Section 22. 1= C-LC`.41 ENT. It shall be the duty of the City. Engineer to •enforce the provisions of this ordinance and to refuse to issue ants buildin permit for any buildin or structure which would. violate any of the provisions hereof:, and the said City Engineer or any deputy or inspector, by and with the consent of the City En i- neer, is hereby authorized. and instructed. to bring to the attention of the proper official or officials of this City any violations of any of the terms of this; ordinance in order that the aforesaid official or officials may institute appropriate action to prevent such un1a;:ful erection, maintenance, construction, re -construction, alteration, repair, conversion or use, to restrain, correct or abate t such violation nd to prevent any illegal act, conduct or use on or about such premises. • Section 24. PEI.MITa. Lo permit for the erection, -:iteration, remov 1, construction, re -construction, conversion, use or maintenance of any building or premises shall be issued by the City Engineer un- less there shall first be filed in his office by the applicant there- for, a plan in duplicate, drawn to scale, correctly showin,;; the loca- tion and actual dimensions of the lot to be occupied, the dimensions and, location on the lot, of the building to be erected, moved, altered, repaired, maintained or used., 7;ith measurements in feet and inches from all lot lines to all foundation lines of buildin; together with a true statement, in writing, signed by the applicant, showing the use 011; o; 7aTarpunoct gu,.3 poroTa;pTp eq puswwooPa Tirt17 OT -111; 6:TOILl1100 LITLIOZ IIL1 JO 1:7 TLIE,Licr Gir7 mr_woa ATD otT; Rq TrAoadJu pur aoRuyl uoTPpTwmoD 7":7uTuo2 '9? u0TT00S •TTOUTIOD 0.4; ;0 uoT;ruTwou P0ITT,T 04 TIrlr TI -u-100 2uTuoT DT' e0T0urarA °E7,1MG 00;a1; ,10; 00-U1-0 PT0-4 TTrIr uoT 'TT ounoo 14T0 ou; Q paAoaddr puu ao.guul ell; AL po;uuTwou oq oq. Paactmem .pur uumaTruo pTus 'Paoctwom anoI puu urmaTuTio O aqq_T7-7uo0 po;naao act tTrup uoTssqwwoo 2uTuo7 IST LEW 01IIHOZ ac3, • ;Tut,r. od put, surqd unp TM 17.1JImoo oq :112 OP po2u1?Tio GQ Timis pospuead to poan; -0-C104P gPMTPTTnq ITOUS IT;UU G0T;01): LIOTIP ,TO T_7'UTA,T.GP 07; VO ponuT;uoopTp RTo;uTpowuT aq moat to T0M;011,742 T1TtT1uc ou uocrn to ;() rue puu Poo/C.oicTwo ao P;urAaos 's;uoTr PTu xo urroTIddr 0L o; aoTorou uo;;Tam arTAr Rq ;Twaod ilons.Ruu GliOAO,T 0; pe;opaTp puu pozTao-ci;nu Sqoaoq PT aeouTaTE .R;TD otT; pur cpToA ;Twaed zan'=! x0Pu002T-ErV '00uru -Tpao pTT.I; ,To PuoTsTAoad /Zur uoT;uToTA r so;n4T;suoo panTTu; "q011. "[IOTA cpGTIT pT ;TwaecT tions 10TLT uo Purid 7;TLA oounmaozuoo uT PasTwaad ao ;70,7[11;01Al;P c7TUTVETUCL Ruu uTn;uTrul.ao GAOW 6,10;12 g;01:1PUOQ 0 520G0ICTW0,TO tto ‘p;',107 pT.L1 jo ao ;uroTTddu Ruu ,To oauTTua 'i1?q.Gz0oe oq; ,To-poT,TIo eu; LIT ;JIG q oq suuTd puu PuoT;roTTJdu zionP o pa000x ' .aouruTpao pTut; o puoTpTA TIr Ilq-T m _ulao;uoouT posn zo pouTu;uTru 4DG;OGX0 gpo;ona;Puoo oq o; PT poPTmoad ao oau;ona;p cuTPIT11-4 17101v7 q-rti; 7-7TTr;°P -nu uT Motip 'yelp urid 10-a? sRoTurt xoouru7 /71.Tc pTup AL ponsPT GC ;Twaed ou puu cseanorona;p to pPuTpITuq Raopp000u pur polioaod 'Pda;P 'PyLTumopTs 'sliumoATap TTu ;0 PuoTPuswTp puu uoT;uooT oti; pun 4po ( -uTsop to popuo;uT ipuuaau T P0PTWG1t Jro 7,'uTpTT-aq tiouc TiOT'qTA :TO; • • City Council in conformity with the lairs of the State of Texas. All proposed changes in the boundaries, rer:vlations, or :restrictions overnin: the zoninj plan shall be submitted by the City Council to the Zonin,;; Commission for its recommendation concerning such proposed chs.nG es before action is taken thereon. Such recommendation shall be submitted to the City Council within a period of not more than 30 days of receipt of notice of such proposed change. Chanes may also be proposed by the Zonin,j Commission upon its oven initiative and such changes shall be .normally acted upon by the City Council trith.in 30 day, of receipt by the City Secretary. Section 27. POWERS AND DUTIES 0]? TIIE CITY CODICIL. The City Council shall define district, boundaries, re ;ulations, and .'astric- tions in .. ueh manner as provided by the laves of the estate of Texas. Proposedchanes in the boundaries, re ulations, or restrictions shall be ':submitted to the Zonin; Commission as provided in Lection 26. said chant es shall not be made until after a public hearing in relation thereto, held by the City Council, after at least 15 days notice of the time and place of said hea1.1in_; published in an official paper, or a paper of "eneral circulation, in the municipality. In case the Zonin Commissior. .shall recor_n_mend against the proposed chane or if the owners o:C 20a of the area or more either of the lots included in :such proposed chane, or of these immediately adjacent in the rear thereof extendin,: 200 feet therefrom, or of those directly apposite thereof extendin. 200 feet from the street fronta'e of such opposite lots, such amendment shall not become effective except by the favor'able vote of the members of the City Council. Section 28. IEVADIDITY OF A PART. In case any portion of this - 34 - ordinance shall be held to be invalid or unconstitutional, the re- mainder of the ordinance shall not thereby be invalid but shall remain in full force and effect. Jection w9. PUBLIC UTILITIES EXEMPTED. r'othinj in this ordinance shall be construed to apply to telephone bvilclin's, structures, tracks, terminal buildin a, railway ri hts-of-way, as or electric sub -stations or other public utilities; when such buildings, structured or uses are de:ined , intended and used exclusively for public utility purposes. It is intended by this provision to exempt the use of property owned or controlled by public utility companies; provided, such use io. ex- cluoively for public utility purposes; _uch property shall, however, be subject to all the restriction and re ulations of this ordinance relatin.2 to uses other than such public utility use. Passed and approved this theot ,''dav of iTT�1 i : ..PPRoVED : '(r \ l 19 FIRE LIMITS ORDINANCE be it ordained by the City Council of the City of College Station, Texas, as follows: SECTION 1. i 1::; Li . ITS: The following shall be and are hereby declared to be the fire limits: All the area designated and referred to as ' To. 1 Business Area' in Ordinance No. 38 of this city, entitled, " AN ORDINANCE TO t ROMOT1 THE HEALTH, SAFTY, MORALS OR Thk GZJIRAL WELFARE 13Y REGULATING AND R STiICTING THE DENSITY OF POPULATION AND THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAD FOR TRADE, INDUSTRY OR OTHER PURPOSES AND BY REGULATING ANI) RPSTRICTING THE }IEIGPT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCT tRFS: TNT PERCENTAGE OF LUT ThAT NAY BE OCCUPIED: THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES, ALL IN ACCORDANCE i`t I` H A COMPREHENSIVE PLAN: CREATING AND DEFINING THE POWERS OF THE ZONING COMMISSION; PROVIDING RULLS OF 1 ROCEDURE BEFORE THE ZONING COMMISSION; RaALING ALL ORDINANCES .All PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND i' iOVIDING A PENALTY FOR VIOLATION lPRi;OF." Passed and approved the 22nd day of January, 1940. io. 1 iiusin©ss area further shown on a rap accompanying and being a pert of aforesaid ordi .anoe. SECTION 2. P NITS AiSD INSP�.CT'IONS: No wall, structure, building, or part thereof, shall hereafter be built, (tn1arged, or altered, until a plan of the propos d work, together with a statement of materials to be used, shall have been submitted to the City E4inner, who shell, if in aocordance with the provisions herein contained, issue a written 1/ 2 permit in triplicate for the proposed work. Permits to be kept on file with the City Soceotvey. Structures hereafter erected without a per,t:it, or not in conformity with this ordinanoe, shill be removed. No building shall be moved from without to within the fire limits, nor from one location to another within the fire li:its until a permit shall hove been issued therefor. No permit shall be issued unless sumh construction is in accordance with this ordinanoe. The designated Building Inspector shall inspect, as often es prac- tical, construction in progress to see that all provisions of this ord- inance are being; complied with. All plans and speoificeations submitted to the City Engineer, shall comply with all city ordinanc..s of the City of College Station, Texas, and with Article 3271A of the Revised Civil Statutes of the State of Texas. SECTION 3. CONSTRUCTION REQUIRED rilTIiIN Tfb FIRE LIMITS: No building or structure of wooden, ironclad ( whether on wood or m tal sup- ports), stucco, or veneer tyle construction, or any building whose walls contain wood supports, shall be permitted. except as indicated in Section 4. No building shall hereafter be built, enlarged, or altered, except in aocordance with this ordinance. The thickness of wells shall be not less than as given below: Brick walls shill be not less than 12 inches thick, except that smcill one-story buildings with floor areas of 750 square feet or less may have walls 8 inches thick. 41 6 Reinforced concrete wells may be three-fourths of the thickness of briok walls, but in no case less than 8 inches. Hollow building tile xray bo used as filler walls provided such wells be supported on reinforced concrete beans and footings, and by [adequate reinforced concrete or brick pillars or columns spaced not more than 16 feet apert; walls to be not 1es:3 than 12 inches thick. Small one-story buildings of loss than 600 square fent floor area may have walls of fl- inch. hollow buildin;?; tile. Solid stone walls shall ue 4 inches thicker than brick walls for like construction. SECTION 4. FRAME :WILDING IN FIRE LIMITS: The following frame structures are permissible in. the fire Mite: a. Temporary one-story frame buildin,..s for the use of builders. b. iiooden fences not over 8 feet high without roof or cover. SECTION 5. ROWS. All buildings or structures hereafter constructed in the fire li its shall .haves incombustible roof coverings. Teo roofing on an existing roof shall be renewed or repaired to a greater extent than 10% of the roof surface, except in conformity with this ordinance, and in no Instance shall more than one permit be issued each existing building in any one year. SECTION 6. REPAIRS AND ADDITIONS: Any existing building with- in the fire limits which may hereafter be damaged by fire, decay, or otherwise, to an amount greater than 50% of its present value, exclusive of the foundation, shell not be repaired or rebuilt, but shall be re- moved. Extensions, remodeling, or additions to existing buildings shall not be considered as repairs, and shall not be permitted except when conform- ing with Section 3 of this ordinance. SECTION 7. ARBITRATION: E henevcr an application for permit to re- pair any existing building already located within the fire limits is made by any person or firm, and the City Council and the applicant disagree on the extent of repairs to he made, and a permit is denied by the d signs ted Building Inspector, then the City Council shall appoint a competent and dis- interested Ferson, and the applicant shy.11 appoint a competent and disin- terested person, wx ich said two persons so appointed shall select a third member, and these said three persons shall appraise the building, examine the plan of the proposed work, and the statement of n terials end lebor to be used in the repairing or robuilding of said building, and make a signed wrl.Lton report of their findings to the City Council. If such report re- fleets clearly that said rebuilding or repairing would be a violation. of this ordinance, then such application for permit shall be denied by the City. Council, and if such report reflects that the person seeking said permit has complied with said ordinance, aa?.d the requested rebuilding; or repairing is not in violation of said ordinance, than said City Council or Commission shall issue a permit for the proposed rebuilding or repairing. SECTION 8. VALIDITY OF ORDINA ?CN: If any section, paragraph, sub- division, clause, phrase or provision of this ordinance shall be ad,udg,ed invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole, or any Fart or provision thereof, other than the part so decided to be invalid or unconstitutional. SE TION 9. FEES: Fees for building permits required by this ordinance shall be as follows, and shall b: paid to the City at the time the written request for permit is filed. Cost of Operation Building Permit Fee . 5U to $ 250 t 1.00 251 to 1000 '2.00 1001 to 3000 3.00 3001 to 5000 5.00 5001 to 7500 7.50 All over 7500 10.00 elumbin, inspection fees $ 2.00 per trip with two inspections required. Eleotrio inspection foes $ 2.00 per trip with two inspections required. Accompanying eaoh permit there shall be and complete set of plans and specifications w ieh shall remain in possession of the city. SECTION 10. PANALTIES: Violation of any of the provisions of this ordinance shall bo punishable by a fine of not over $ 100 per day of vio- lation, and each day of violation shall be considered as a separate offense. I hereby certify that this is a true and oorreot copy of an Ordinance passed by the City Council of the City of College Station, Texas, on the i day of , 1940. ATT 'ST t 4457:01t;f Seor•etar ORD INAN CE NO. 3e Z ON 1NG 0411D INA N CE CITY OF COLLEGE STATION, TEXAS • , 1*,,,t • A AN ORDINANCE TO PROMOTE THE HEALTH, SAFETY, MORALS OR THE GENERAL WELFARE BY REGULATING AND RESTRICTING THE DENSITY OF POPULATION AND THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY CR OTHER PURPOSES AND BY REM.. LATING AND RESTRICTING TIE HEIGHT, NUMBER OR STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES: THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED: TEE S IZE OF YARDS: COURTS AND OTHER OPEN SPACES, ALL IN ACCORDANCE WITH A COMPREHENSIVE PLAN: CRE— ATING AND DEFINING THE POWERS OF THE ZONING COMMISSION. PROVIDING RULES OF PRO— CEDURE BEFORE THE ZONING COMMISSION: REPEALING ALL ORDINANCES AND PARTS OF ORDI- NANCES IN CONFLICT HEREWITH: AND PROVIDING A PENALTY FOR VIOLATION HEREOF. Whereas, the Council of the City of College Station, has made extensive in— vestigations, inspections, studies, maps, graphs, and surveys of the uses of land, buildings and structures, the living conditions of the citizens, and the state of the public peace, health, safety and general welfare, and has determined that it is necessary in order to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to protect and promote the health and peace of the public, to provide adequate light and air, to provide adequate water, sewage and other public utility needs, to prevent the overcrowding of land and undue concen— tration of populatioh, to facilitate adequate provisions for schools, parks, play -- grounds and other public requirements, to promote the orderly development of the City of College Station and its environs along the lines of a systematic plan therefor, and to provide for the most appropriate use of land throughout the City and its environs in accordance with such comprehensive plan; Now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLLEGE STATION: Section 1. DEFINITIONS. For the purpose of this Ordinance, the following words and terms as used herein are defined to mean the followings Words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular; the word "building" includes the ward "structure"; the word "shall" or the word "must" is mandatory and not directory; the word "lot" includes the word "plot"; the term "used for" includes the meaning "designed for" or "intended forno 1. "Accessory Building": A subordinate building or a portion of the main building, the use of which is incidental to that of the main building or use of the property. 2. Maley": A public way which affords only a secondary means of accees to abutting property. 3. "Apartment House": A building arranged, intended, designed, or occupied by more than two families. 44, "Apartment": A suite of rooms or a room arranged, intended, designed or used as the place of residence of a single family or group of individuals, living together as a single housekeeping unit. 5. likpartment Hotel": An apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily -available to the public. 6. "Basement"4 That part of a building below the first story as defined in paragraph 37 of this section. 7. "Block": A piece or parcel of land entirely surrounded by public highways or streets. 8. "Boarding House or Lodging House": A building other than a hotel where lodging or meals are provided for five or more persons for compensation, pur— suant to previous arrangements, but not to the public or transients. 9. "Project House": A building other than a hotel where lodgings or meals are provided for five or more students and where such students contribute pro rata to the cost of such lodgings or meals. 10. "Business": The purchase, sale, or other transaction involving the handling or disposition of any article, substance, or commodity for commercial purposes or the maintenance of offices, recreational or amusement enterprises or the maintenance or use of buildings or property for commercial purposes, for hire, or for which a fee or charge is made. 11. "Corner Lot" 1 A lot abutting upon two or more streets at their intersection. 12. "Curb Level": The mean level of the curb in front of the lot, or in case of a corner lot, along that abutting street where the mean curb level is the highest. 13. "Dwelling": A building arranged, intended, designed or occupied by not more than two families. 14. "Dwelling, Multiple": A building arranged, intended, designed or occupied by three or more families. 15. "Family": Any number of individuals living together as a single house— keeping unit as distinguished from a group occupying a boarding house, lodging house or hotel as defined herein. 16. "Front Yard": An open space, unoccupied by buildings or structures (except as hereinafter provided) across the full width of the lot extending from the front line of the building to the front street line of the lot. .03 Me 17. "Frontage of a corner lot": A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the City Engineer. 18,E "Garage, private": An accessory building for storage only of motor vehicles. 19. "Garage, publics Any building or premises used for the storage, care or repair of motor vehicles which is operated for commercial purposes. 20. "Garage, community": A garage other than a public or private garage providing storage for vehicles with facilities for washing, but no other services, such garage to be in lieu of pr iva to garages within a block or portion of block. 21. "Height of Buildings": The vertical distance measured from the highest of the following three levels: a. From the street level, b. From the established or mean street grade in case the curb has not been constructed, c. From the average ground level of the portion of the lot ad— joining and within ten feet of the building where it sets back from the street line ten feet or more, to the level of the highest point of the roof beams of flat roofs or roofs inclining not more than one inch to the foot, and to the mean level of the slope of the main roof for more steeply sloping roofs. 22. "Height of yard court": The vertical distance, from the lowest level of such yard or court to the highest point of any bounding wall. 23. "Hotel": A building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and in which there are more than fifteen sleeping rooms. 24. "Lot": A plot, parcel, piece or tract of land which may be occupied by one building and the necessary buildings or uses customarily incident thereto, including such open spaces as are arranged, designed or intended to be used in connection with such building. 25. "Lot, interior": A lot whose side lines do not abut upon any street. 26. "Lot, through": An interior lot having frontages on two streets. 27. "Lot Lines": The lines bounding a lot as defined herein. 28. "Lot Depth": The distance from the front street line to the rear line measured in the mean direction of the side lines. 29. "Lot Width" The mean distance between side lines measured at right angles to the depth. -4- 30. "Non-conforming use, building or yard": One that does not, by reason of design or use, conform with the regulations of the district in which it is situated. 31. 'Rear Yard": An open space, unoccupied (except as hereinafter provided) between the rear lot line and the rear line of the principal building and the side lot lines. 32. "Place": An open, unoccupied space other than a street or alley es- tablished or dedicated for the purpose of access to property abutting thereon. 33. '!Rear Linen: The boundary line which is opposite and most distant from the front street line; except that on irregular lots the rear line shall not be deemed to be farther back for the purpose of this ordinance than a line parallel with the front street line, distant as far as possible therefrom entirely on such lot and not less than ten feet long. 34. 'Rear Yard Depth": The mean distance from the rear line of the principal building to the rear lot line. 35. N3ide Line": Any lot boundary line not a front or rear line thereof; a side line may be a party lot line, a line bordering on an alley or place or a side street line. 36 Yard": An open, unoccupied space on the same lot with the building between the main building and the adjacent side line of the lot, and extending entirely from the front yard to the rear yard thereof. 37. "Story": That part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four feet above the curb level, established or mean street grade, or average ground level, as mentioned in paragraph 12 of this section. 38. "Street": A public thoroughfare or place which affords principal means of access to property abutting thereon. 39. "Street Line": Is the dividing line between the street and the abutting property. 40. "Street Width": The mean of the distances between the abutting property on the opposite sides of a street within the block upon which the lot fronts. -5 - Section 2. DISTRICTS ESTA.BLISHED. For the purpose of regulating and re- stricting the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land, and regulating and restricting the location of trades and industries and the location and design of buildings for specific pur- poses, and to regulate and limit the height and bulk of buildings, the area of yards and other open spaces, and to regulate and limit the density of population, the City of College Station is hereby divided into five (5) districts, as follows District No. 1. First Dwelling House District District No, 2, Second Dwelling House District, District No. 3. Apartment House District. District No, 4„ First Business District. District No, 5. Second Business District. Section 3, DISTRICT MAP ADOPTED. The boundaries of the districts as enum- erated in Section 2 of this ordinance are hereby established and adopted as shown upon the map attached hereto, which map is hereby made a part of this ordinance and is hereby designated as the "Zoning District Map", and said map) and all the notations, references and information shown thereon are hereby made as much a part of this ordinance as if the same were set forth in full herein. It shall be the duty of the City Secretary to keep on file in his office the original of said district map, and duplicate copies thereof showing all the changes, amendments, or additions thereto shall be kept on file in the office of the City Secretary. In determining the boundaries of the various districts as shown on said map, the streets, alleys or highways shall be the boundary lines. Where the boundaries of various districts are not shown as such streAs„ alleys or highways, such boundary line shall be the nearest lot line of record at the time of pas- sage of this ordinance. Section 4. REQUIREMENTS MUST BE OBSERVED. Except as hereinafter provided: 1. No buildings, structures or land shall be used for any purpose other than is permitted in the district in which such building, structure, or land is situated. 2. No building or structure shall be erected, moved, extended, enlarged, reconstructed or structurally altered to exceed the height or area limit herein established for the district in which such building or structure is situated. 3, No lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this ordinance, nor shall the density of population be increased in any manner, except in conformity with the area regulations established herein. DISTRICT NO. Section 5. REGULATIO16. First Dwelling House District. In District No. 1, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, moved, constructed or altered, except for one or more of the following uses: 1. Dwellings. 2. Public schools, parks, playgrounds, museums, libraries, recreational bui ldings , fire stations or other public buildings or uses owned, controlled, and operated exclusively by the City of College Station, the State of Texas or the United States. 3* Farming and truck gardening, but not including the keeping of hogs, sheep, or goats. 4. Nurseries and greenhouses for the propa *M ting and cultivating of plants only; provided, no retail or wholesale business shall be carried on upon the premises so used; and, provided further that no fertilizer is stored upon the premises, and no soil or fertilizer renovation is carried on upon the premises. 5 • Private golf clubs, when not operated as a commercial business or for profit. 6. Accessory buildings, including a private garage when situated upon the same lot with the main building and not less than sixty (60) feet from the front lot line, and not less than three (3) feet from any side lot line; and in case of corner lots not less than the distance required for residences from side streets; buildings for servants! quarters, provided such quarters are occupied only by servants employed on the premises, and not rented as a separate domicile or dwelling, and provided further that such servants! quarters shall be not less than sixty (60) feet from the front line and not less than five (5) feet from any side lot line; and in the case of corner lots not less than the distance required for residences from side streets; except that a private garage or servants! quarters may be constructed as an integral part of the main building, subject to the height and area regulations of the main building. 7. In District No. 1, no private garage shall provide storage for more than one vehicle for each twenty—five hundred (2500) square feet of lot area. 8. Uses, customarily incident to any of the other uses enumerated herein when the same are situated in the same dwelling or apartment, including such home occupations as that of a Physician, Surgeon, Dentist, or Musician, provided, such persons carrying on such customary home occupation, may do so in a dwelling or apartment used by him as a private residence, provided, no other person than the members of his own household are employed in such occupation and no window display or sign more than forty square inches in area is used to advertise the same. A billboard, signboard or advertising sign shall not be permitted as an accessory use. Tho placing of a "For Sale" or "For Rent" sign taot more than eight square feet in area shall be permitted as an accessory use. During construction of a building, ono sign advertising contractors or architects on such building shall be permitted provided, such sign shall not be more than eight sq. ft. in area and shall be set back of the established or customary building line, and such sign shall be removed immediately upon completion of such building. A driveway or walk used for access to a use permitted in any other district shall not be permitted as an accessory used in District No. 1, nor shall any use permitted in any other district be permitted as an accessory use in District No. 1. HEIGHT AND AREA RESTRICTIONS. In District No. 1, the height of buildings, the minimum dimensions of yards and the minimum lot area per family permitted upon any lot shall be as follows: HEIGHT: No building hereafter erected or structurally altered shall exceed two and one-half stories or thirty-five feet in height, except as provided herein. REAR YARD: The depth of the rear yard shall be not less than thirty per cent of the depth of the lot, provided, such depth need not be more than a total of 30 feet. FRONT YARDS: There shall be a front yard not less than twenty per cent of the depth of the lot; such front yard need not be more than twenty-five feet SIDE YARDS: There shall be a side yard on each side of a building not less than five feet in width, provided, that on a lot having a width of less than fifty feet as shown by the last conveyance of record at the time of the passage of this ordinance, there shall be a side yard on each side of such building of not less than four feet, and provided, that on a lot having a width of less than forty feet as shown by such conveyance, there shall be a side yard on each side of the build- ing not less than three feet. Buildings on corner lots where interior lots have been platted on side streets shall provide a side yard adjacent to the side street of not less than 5Q% of the front yard established for buildings on interior lots on the side street, provided, this regulation shall not be so interpreted as to r& duce the buildable width of a corner lot of record at the time of the passage of this ordinance to less than 65% of the total width of such lot, and provided fur- ther, that the side yard regulations herein must be observed. Accessory buildings on corner lots where interior lots have been platted on side streets, shall not project beyond the front yard line established on the side street, provided such line need not be more than twenty-five feet. LOT AREA PER FAMILY: Every building or portion of building hereafter erected, moved, or altered for residence purposes in District No. 1, shall provide a lot area of not less than five thousand square feet per family. DISTRICT NO. 2 Section 6. REGULATIONS. S. Second Dwelling House District. In District No. 2, no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, moved, constructed or altered except for one or more of the following uses: Any use permitted in District No. 1, including the regulations as estab- lished therein for garages, servants' quarters and accessory buildings and uses, except that in District No. 2, no private garage shall provide space for storage for more than one vehicle for each fifteen hundred square feet of lot area. HEIGHT ANO AREA RESTRICTIONS. In District No. 2, the height of buildings, the minimum dimensions of yards and minimum lot area per family permitted upon any lot shall be as follows: HEIGHT: No building hereafter erected or structurally altered shall exceed two and one-half stories or thirty-five feet except as provided herein. REAR YARD: The depth of the rear yard shall be not less than thirty per cent of the depth of the lot, provided, such depth need not be more than a total of thirty feet. FRONT YARDS: There shall be a front yard not less than twenty per cent of the depth of the lot, but such front yard need not be more than twenty-five feet. SIDE YeDS: : There shall be a side yard on each side of a building not less than five feet in width, provided, that on a lot having a width of less than fifty feet as shown by the last conveyance of record at the time of the passage of this ordinance, there shall be a side yard on each side of such building of not less than four feet, and provided, that on a lot having a width of less than forty feet as shown by such conveyance, there shall be a side yard on each side of the building not less than three feet. Buildings on corner lots where interior lots have been platted on side streets shall provide a side yard adjacent to the side street of not less than 50% of the front yard established for buildings on interior lots on the side street, provided, this regulation s ha l..l. not be so inter- preted as to reduce the buildable width of a corner lot of record at the time of the passage of this ordinance to less than 65% of the total width of such lot, and provided further, that the side yard regulations herein must be observed. Accessory buildings on corner lots where interior lots have been platted on side streets, shall not project beyond the front yard line established on the side street, provided such line need not: be more than twenty-five feet. LOT AREA PER FAMILY: Every building or portion of building hereafter erected, moved, or altered for residence purposes in District No. 2, shall pro vide a lot area of not less than twenty-five hundred square feet per family. DISTRICT NO. 3 Section 7. REGULATIONS. Apartment House District. In District No. 3, no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, moved, constructed or altered except for one or more of the following uses: Amuse permitted in District No. 2, including the regulations as estab- lished therein for garages, servantst quarters, and accessory buildings and uses, except that in District No. 3 no private garage shall provide space for storage for more than one vehicle for each one thousand square feet of lot area. Apartment Houses. Boarding Houses or Lodging Houses, but not Boarding and Lodging Houses maintained for Student Use. Hospitals or Sanitariums other than for the insane or feeble minded. Philanthropic or eleemosynary use or institution other than a penal or cor- rectional institution. Private Clubs, except clubs, the chief activity of which is a service cus- tomarily carried on as a business. Private or Parochial Schools, Colleges and Universities. Hotels and apartment hotels, including only such facilities as are customa- rily -required for the operation of a hotel or apartment hotel or for the use of or entertainment of guests or tenants, and provided such facilities are conducted and entered from within the building and provided no window or other display or sign is used to advertise the same. The City Council may permit community garages in District No.. 3, under the following limitations: I. Such building shall be set back from the street line a distance of not less than ten feet greater than the building lines established by this ordinance. 2. No commercial vehicles shall be housed in such community garage. 3. Vehicles maybe washed therein, but no commercial use of the premises shall be permitted. 4. Such building shall not provide space for the storage of more vehicles than the total number of vehicles permitted by this ordinance to be stored on the lots served by such garage. 5. Access thereto, if from the street, shall be by not more than one drive- way. HEIGHT AND AREA RESTRICTIONS In District No. 3, the height of buildings, the minimum dimensions of yards and the minimum lot area per family permitted upon any lot shall be as follows: HEIGHT: Notuliding hereafter erected or structurally altered shall exceed three stories or forty-five feet in height, except as provided herein. REAR YARD: The depth of the rear yard shall be not less than twenty-five per cent of the depth of the lot provic2ed such depth need not be more than a total of twenty-five feet. FRONT YARD: There shall be a front yard not less than twenty per cent of the depth of the lot, but such front yard nee not be snore than twenty-five feet. SIDE RPM: There shall be a side yard on each side of a building not less than five feet in width, provided, that on a lot having a width of less than fifty feet as shown by the last conveyance of record at the time of the passage of this ordinance there shall be a side yard on each side of such building of not less than four feat, and provided, that on a lot having a width of less than forty -feet as shown by such conveyance, there shall be a side yard on each side of the build- ing not less than three feet. Buildings on corner lots where interior lots have been platted on side streets shall provide a side yard adjacent to the side street of not less than 50% of the front yard established for buildings on interior lots on the side street, provided, this regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at theiime of the passage of this ordinance to less than 65% of the total width of such lot, and provided further, that the side yard regulations herein must be observed. Accessory build- ings on corner lots where interior lots have been platted on side streets, shall not project beyond the front yard line established on the side street, provided such line need not be more than twenty-five feet. LOT AREA PER FAMILY: Every -building or portion of building hereafter erected, moved or altered for residence purposes in District No. 3, shall provide a lot area of not less than one thousand square feet per family. DISTRICT NO. 4 Section No. 8. REGULATIONS. First Business District. In District No. 4, no building, structure, land or premises shall be used and no building or struc- ture shall be hereafter erected, moved, constructed or altered, except for one or more of the following uses; Any use permitted in District No. 3. Automobile parking yards or spaces, uhen conducted as a business. Bank. Bakery employing not more than five persons. Cleaning, pressing and dyeing plant, employing not more than ten persons provided thatrace except non -explosive cloaning fluids shall be used. Gasoline and and oil filling stations, provided that no opening for the filling or emptying of gasoline storage tanks shall be permitted within one hundred feet of any use permitted in Districts Nos. 1, 2, or 3, or within one hundred feet of any boundary line of Districts Nos. 1, 2, or 3, when such boundary line is within the sane block. Public garages. Golf Club or Golf Course, when operated for profit. Ice delivery stations, for storage and the sale of ice at retail only. Job printing, provided total mechanical power used in the operation of such printing plant shall not exceed five horse power. Hand laundry, employing not more than five persons. Theatre or moving picture show, and recreational clubs. Offices. Restaurant, cafe, or cafeteria. Studio. Stores and shops, for the sale of products at retail only. Shops for custom work or the manufacture of articles to be sold at retail on the premises, provided that in such manufacture total mechanical power shall not exceed five horse power for the operation of any one shop, and, provided that the space occupied by the manufacturing use permitted herein shall not exceed fifty (50%) per cent of the total floor area of the entire building or the equiva- lent of the ground floor thereof, and, provided further, that such manufacturing use is not noxious or offensive by reason of vibration, noise or the emission of odor, dust, smoke or gas. Advertising signs, when the same are attached to a building and advertise only services, articles, or products which are offered within the building to which such sign is attached, and provided, that such signs shall not extend above the outside walls of such building; or more than one foot from the face of the wall of such building. No detached sign or billboards shall be permitted in District No. 4. HEIGHT AND AREA RESTRICTIONS. In District No. 41 the height of buildings, the minimum dimensions of yards and the minimum lot area per family permitted upon any lot shall be as follows: HEIGHT: No building hereafter erected or structurally altered shall exceed two and one-half stories or thirty-five feet in height, except as provided herein. REAR YARD: The depth of the rear yard shall be not less than twenty-five per cent of the depth of the lot provided such depth need not be more than a total of twenty-five feet. FRONT YARD: In no case shall any building be erected, moved, or altered in District No. 4, unless the same shall be not less than fifteen (15) feet from the front lot line. It is required that of this setback ten (10) feet shall be pro- vided for automobile parking purposes and that five (5) feet, adjacent to the building shall be sidewalk. But if the street width from lot line to lot line is more than 80 (80) feet then parking space need not be provided, although in all cases fifteen (15) feet setback will be required, SIDE YARDS: There shall be a side yard on each side of a building used ex- clusively for residence purposes, not less than five feet in width, provided, that on the lot having a width of less than fifty feet as shown by the last con- veyance of record at the time of the passage of this ordinance there shall be a side yard on each side of such building of not less than four feet, and provided2 that on a lot having a width of less than forty feet as shown by such conveyance, there shall be a side yard on each side of the building not less than three feet, LOT AREA PER FAMILY: Every building or portion of building hereafter erected, moved or altered for residence purposes in District No. 4 shall provide a lot area of not less than cue thousand square feet per family. In District No. 4, no building used, designed or intended to be used for District No. 4 use shall be hereafter erected, moved, altered or structurally changed unless the outside walls thereof shall have a fireproof layer of brick, stone, tile terra cotta or other non-combustible material on the outside of such walls, not less than four inches in thickness, and unless the roof on such building or structure shall be of tar and gravel, slate, tile or other composition roof; provided, that this provision shall not apply to buildings used, designed or intended for uses as enumerated herein for Districts Nos . 1, 2, and 3, which are constructed, erected, moved or altered in District No. 4. DISTRICT NO. 5. Section No. 9. REGULATIONS. Second Business District. In District No. 5, no building, structure, land or premises shall be used and no building or struc- ture, shall be hereafter erected, moved, constructed or altered, except for one or more of the following uses: Any use permitted in District No. 4. Awning Manufacture. Battery Station. Laundry, employing more than five persons. Manufacture of products to be sold at retail upon the premises, provided that mechanical power, not in excess of five horse power, is used in the opera- tion of any one machine, and provided such use is not noxious or offensive by reason of the emission of vibration, smoke, dust, gas or noise. 13— Ice Plants, milk pa s tear izing, bottling or distributing of not more than sixty tons capacity per day, if operated by electrical power only, Storage in bulk or warehouse for such material as household goods, clothing, drugs, glass, dry goods, furniture, hardware, groceries, lubricating oil, miles' linery, paint and paint mater is is , bottling works, lumber yard, building ma ter is is , wholesale house, rubber, shop supplies, tobacco, turpentine or varnish. Tire Shop. Wholesale Sales Rooms. BEIM' AND AREA. RESTRICTIOS In District No. 5, the height of buildings, the minimum dimension of yards and the minimum lot area per family permitted upon any lot shall be as follows HEIGHT: No building hereafter erected or structurally altered shall exceed eight stories or one hundred feet in height, except as provided herein. REAR MD: : The depth of the rear yard shall be not less than twenty five per cent of the depth of the lot provided such depth need not be more than a total of twenty-five feet. FRONT YARD: In no case shall any building be erected, moved, or altered in District No . 5, unless the same shall be not less than fifteen (15) feet from the front lot line. It is required that of this setback ten (10) feet shall be pro- vided for automobile parking purposes and that five (5) feet, adjacent to the building shall be sidewalk. But if the street width from lot line to lot line is more than eighty (80) feet then parking space need not be provided, although in all cases fifteen (15) feet setback will be required„ SIDE YARDS , There shall be a side yard on each side of a building used ex elusively for residence purposes of not less than five feet in width, provided this width shall be increased one inch for each foot cf height of building above thirty-five feet, LOT AREA PER FAMILY: Every building or portion of building hereafter erected,, moved or altered for residence purposes in District No. 5,► shall provide a lot area of not less than four hundred square feet per family. In District No. 5, no building used,, designed or intended to be used for District No. 5 use shall be hereafter erected, moved, altered or structurally changed unless the outside walls thereof shall have a fireproof layer of brick, stone , tile, terra cotta or other non-combustible material on the outside of such walls, not less than four inches in thickness,, and unless the roof of such building or structure shall be of tar and gravel, slate, tile or other composition roof; provided, that this provision shall not apply to buildings used, designed or intend- ed for uses as enumerated herein for Districts Nos. 1, 2, and 3, which are con- structed, erected, moved,, or altered in District No. 5; and provided further that that any building erected, moved or altered in District No. 5, which is more than three stories in height shall be constructed entirely of fireproof material. Section 10. SPECIAL CLASSES . The following uses may be situated in any district by special permission of the City Council and under the limitations for cases before such City Council as set forth in this ordinance so that the same shall conform to the general intent and purpose of the ordinance; and in any case involving any use as set forth in this section, it shall be the duty of the City Council to first determine whether such use would conform to the general intent and purpose of this ordinance; provided: that such uses shall comply with the pro- visions of the district within which it may be situated, relating to height and area regulations. Church. Amusement Park. Aviation Field. Billboard or detached sign. Crematory, for the disposal of the human dead. Cemetery Dance Hall operated for profit. Hospital for insane or feeble minded, or penal correctional institution. Refuse Dump. Sewage or garbage disposal plant. Project House, student boarding or lodging house. Section 11. HEIGHT AND AREA EXCEPTIOM: The regulations and requirements as to height of buildings and area of lot which may be occupied by buildings, side yards, front yards, rear yards and other regulations and requirements as estab- lished in the foregoing sections of this ordinance, shall be subject to the fol- lowing exceptions and additional regulations: HEIGHT: (1) That in Districts Nos . 1, 2, 3, and 4, public or semi-public buildings, such as hospitals, sanitariums or schools, either public or private may be erected to a height not exceeding sixty (60) feet, provided that such buildings shall be set back one additional foot on all sides for each additional foot such buildings shall exceed the specified height limit as established by the regulations of the District in which such building is situated. (2) Dwellings in Districts Nos. 1 and 2 may be increased in height not ex- ceeding ten (10) feet in addition to the limitations prescribed in such districts, provided that two side yards of not less than fifteen (15) feet in width, each, are provided. In no case shall such dwelling, however, exceed three stories in height. -15- (3) Parapet walls shall not extend more than six (6) feet above the height limit. Flagpoles, chimneys, cooling towers, electric display signs, elevator bulkheads, pent houses, finials, gas tanks, grain elevators, stacks, storage towers, radio towers, ornamental towers, monuments, cupolas, domes, bell towers, spires, standpipes, false mansards and necessary mechanical appurtenances may be erected as to height in accordance with existing or hereafter adopted ordinances of the City of College Station, except that in Districts Nos. 1 and 2, no radio aerial support shall be erected more than five (5) feet above the height limita- tions of such districts and in no event shall extend more than five (5) feet above the ridge of a roof. (4) On through lots one hundred twenty4ive (125) feet or less in depth, the height of a building may be measured fromlhe curb level of either street. On through lots of more than one hundred twenty-five (125) feet in depth, the height regulations and basis of height measurements for the street permitting the greater height, shall apply to a depth of not more than one -hundred twenty-five (125) feet from that street. (5) For any building used jointly for business and residence purposes or industry and residence purposes, the number of families permitted by the lot area requirements per family shall be reduced in the same proportion as the floor area devoted to business or industry bears to the entire floor area of the building, provided, that floor area below the first floor of such building shall not be included in any calculation under this provision. (6) For any building providing jointly for hotel and apartment house uses, the number of families permitted in apartments by the lot area requirements per family shall be reduced in the same proportion as the total floor area devoted to hotel or non -housekeeping use bears to the total floor area devoted to both uses. Section 12. SIDE AND REAR YARD EXCEPTIONS: (1). Buildings on through lots in Districts Nos. 1, 2, and 3, where such lot is two hundred (200) feet or more in depth, shall provide an equivalent open space in lieu of the required rear yard, provided, that in any case where the rear lot lines are continuous through the Kock, if a through lot is secured by combining any two or more non -through lots and their common rear line is eliminated or built over, any building on such through lot shall provide a court above the level of the first story open and unob- structed the full width of the lot and for the full distance between the projected minimum rear yard lines. It is the purpose of this regulation to secure adequate ventilation for the interior of the block. (2). In computing the depth of a rear yard for any building where such yard abuts upon an alley, one-half of such alley may be assumed to be a portion of the yard. -16- (3). The area required in a yard at any given level shall be open from such level to the sky, unobstructed except for the customary projections of sky lights and parapets above the bottom of such yard, and except for the ordinary projections of window sills, belt courses, cornices or other ornamental features not exceeding four (4) inches; provided, that if the building is not more than thirty-five (35) feet in height, such cornice may project not more than two and one-half (2-) feet into such yard; and, provided further that one story porches with three uninclosed sides, may project into a rear yard not to exceed eight (8) feet; and, provided, that within five (5) feet of the street wall a cornice may project not more than three (3) feet into such yard. (4). An open fire escape may project not more than four (4) feet into a side or rear yard. Solid floored balconies and enclosed fireproof outside stairways may project not more than four (4) feet into a rear yard. (5). In any district, an accessory building, not exceeding twenty-four (24) feet or two stories in height or in any case higher than the main building, may occupy not more than thirty (30%) per cent of the rear yard, except that in Districts 4 and 5, if such building is not more than one story or sixteen (16) feet high, it may occupy (40%) forty per cent of the rear yard. (6). Buildings in Districts 4 and 5 used wholly or partially for business or industrial purposes need not provide a side yard, and on corner lots need not pro- vide a rear yard within fifty feet of a side street, provided, that there shall be a rear yard on the ground level for any lot that has a rear line adjoining property within Districts Nos. 1, 2, or 3, and, provided that portions of such buildings which are designed or used for living purposes shall provide on any floor open space equivalent to the area of side and rear yards required in the district in which such building is situated. Such open space may in the form of additional front or rear yards or one or more courts opening to the street or rear yard; pro- vided that (a) No court shall have a width less than ten (10) feet nor less than one-fourth (*) of its length, nor a width of less than two and one-half inches for each foot of height of the court. (b) That the width of any portion of a required side yard as provided in this ordinance maybe considered a part of such court. (c) For buildings on corner lots, the total open space required by this section may be reduced by ten (10%) per cent of the lot area. (7). In Districts Nos. 1, 2, and 3, where buildings on adjoining lots do not conform to the side yard requirements of this ordinance, the City Council may vary the side yard requirement in accordance with the limitations upon the powers of the Council as established in this ordinance; provided that no building may .47!.. be built nearer than three (3) feet to the side lot line and providing that the width of the building allowable under the regulations of this ordinance may not be increased. (8). No provision of this ordinance shall be so interpreted to shut off any essential lighting or ventilation of a building which is secured by windows or other openings which are on the lot line and open upon such adjoining lot. It is the purpose of this regulation to secure permanently healthful conditions within such building and to prevent the closing up of any necessary windows therein through the lawful erection against them of a building upon such adjoining lot. Section 13. FRONT YARD EXCEPTIONS. (1). In Districts 1 to 3 inclusive, where the frontage upon the same side of a street between two intersecting streets is occupied or partially occupied by a building or buildings with front yards which do not conform to the provisions of this ordinance, or where the configuration of the ground is such that conformity with the front yard provisions of this ordinance would work a hardship, the City Council may permit modifications of the front yard requirements applicable to the remaining frontage upon the same side of such street between such intersecting streets. (2). In Districts Nos . 1 to 3 inclusive, where the frontage upon the same side of a street between intersecting streets is occupied or partially occupied by a building or buildings having front yards of greater depth than are required by this ordinance, no other lot upon the same side of such street between such intersecting streets, shall be occupied by a building with a front yard of less than the least depth of any such existing front yards, unless by permission of the City Council subject to the rules and regulations established in this ordinance. (3). No cornice shall project over the street line more than five (5%) per cent of the width of such street and in no case more than four (4) feet. (4). No advertising sign, billboard or display board shall project over the street line more than five (5%) per cent of the width of the street and in no case more than four (4) feet. (5). One-story porches with three unenclosed sides, steps, ornamental pro- jections and balconies may project into the designated front yard not to exceed ten (10) feet. Section 14. ACCESSORY USES: A driveway or walk to provide access to. premises in one district shall not be permitted in a district of a higher classification. Buildings or structures or usx1which are accessory to the use permitted in one district shall not be permitted in a district of a higher cLissification. -18- 4 Section 15. NONCONFORMING USES. The lawful use of land existing at the time of the passage of this ordinance, although such use does not conform to the provisions hereof, may be continued, but if such non -conforming use is discon- tinued, any future use of said premises shall be in conformity with the provi- sions of this ordinance. The lawful use of the building existing at the time of the passage of this ordinance maybe continued, although such use does not conform with the provisions hereof, and such use may be extended throughout the building provided no struc- tural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a non -conforming use of a building may be changed to another non -conforming use of a more restricted classification. A non- conforming use may not be changed unless changed to a higher use. A non -conforming use if changed to a conforming use or more restricted, non- conforming use, may not thereafter be changed back to a less restricted use than that to which it was changed. If any property is hereafter transferred to a more restrictive district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classi- fication by amendment to this ordinance, the provisions of this ordinance re- lating to the non -conforming use of the building or premises existing at the time of the passage of this ordinance, shall apply to buildings or premises occupied or used at the time of the passage of such amendment. A building arranged, designed or devoted to a non -conforming use at the time of the passage of this ordinance, may not be reconstructed or structurally altered to an extent exceeding in aggregate cost, during any ten-year period, 60% of the assessed value of the building. Section 16. COMPLETION AND RESTORATION OF EXISTING BUILDING. Nothing here- in contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued, and plans for which are on file with the City at the time of the passage of this ordinance and the construction of which in either case, shall have been diligently prosecuted within one year of the date of such permit, and the ground story frame- work of which including the second tier of beams, shall have been completed within such year and which entire building shall be completed according to such plans as Mel, within two years from the date of the passage of this ordinance. Nothing in this ordinance shall prevent the restoration of a non -conforming building partly destroyed by fire, explosion, act of God or act of the public enemy, sub- sequent to the passage of this ordinance, or prevent the continuance of the use of such building or part thereof, as such use existed at the time of such destruc- tion of such building or part thereof, or prevent a change of such existing use under the limitation provided herein, provided, such building is not destroyed to the extent of more than sixty (60%) per cent of its reasonable valuation. This ordinance shall prevent the restoration of such non -conforming building so damaged more than sixty (60%) per cent of the reasonable valuation, and shall pre- vent the continuance of the use of such building or part thereof as such use ex- isted at the time of such damage, and shall prevent a change of such existing use under the limitations provided by this ordinance. The provisions of this ordinance shall not apply to prevent the extension of any building, existing in any district at the time of the adoption of this ordinance, to the height which the walls, foundation and framework of such existing building originally were intended, de- signed and constructed to carry; provided, however, that the actual construction of the extensions in height permitted by this paragraph shall have been duly com- menced within ten years from the date of the adoption of this ordinance. Section 17. INTERPRETATION—PURPOSE. In interpreting and applying the pro- visions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. It is not in- tended by this ordinance to repeal, abrogate, annul or in anyway to impair or interfere with any existing provisions of law or ordinances or any rules or regu- lations previously adopted pursuant to law relating to the use of buildings or premises- nor is it intended by this ordinance to interfere with or abrogate or annul any easements or covenants between parties; provided, however, that where this ordinance imposes afreater restriction upon the use of buildings or premises than are imposed by such existing provisions of law or ordinance or by such rules or regulations or by such easements, covenants, or agreements, the provisions of this ordinance shall control, and where the provisions of such easements, cove- nants or laws impose greater restrictions upon the use of buildings or premises, such provisions of such easements, covenants or laws shall not be interfered with by any of the provisions of this ordinance. Section 18. AYWEVEMS. The City Council may, from time to time, on its own motion or on petition, after public notice and hearings thereon as provided here in, amend, change, modify or repeal the regulations and restrictions as estab- lished herein and may change, restrict or extend the boundaries of the various districts established herein. Before taking any action upon any proposed amend- ment, modifications, change, restriction or extension, the same shall be referred by the Council to the Zoning Commission for report and recommendation. Section 19. 19. PROTEST. Any proposed amendment, change, modification or re- peal of the regulations and restrictions established herein, or any restriction or extension of the boundaries of the districts established herein which has failed to receive the approval of the Zoning Commission, shall not be passed ex- cept by favorable vote of four members of the Council. If a protest against such amendment, change, modification, repeal, restriction or extension shall be pre- sented, signed by the owners of 20% or more, either of the area of the land in- cluded in such proposed change, or by the owners of 20% or more of the area of the land within 200 feet of such proposed change, or separated therefrom only by a highway, boulevard, parkway, street or alley, such amendment shall not be passed, except by a favorable vote of four members of the Council. Section 20. NOTICES OF RE-DISTRICTING. Whenever after the procedure, as provided herein, has been complied with, an ordinance shall be introduced before the Council to reclassify any portions of said City into one of the districts hereinbefore specified, then the City Secretary of said City shall immediately after the introduction of said ordinance cause to be conspicuously posted along the streets within the district affected by said ordinance, notices of the intro- duction of said ordinance. At least fifteen days notice of the time and place of such hearing shall be published in the official paper of the City of College Station, Section 21. COUNCIL TO GIVE NOTICE OF HEARING. Said notices of hearing shall be headed: "Notice of Re-districting" in letters not less than one inch in height and shall in legible characters state the fact of the introduction of said ordinance, its date and the class of district within which said ordinance proposes to include the territory. Said notice shall also contain a statement of the day and place when and where any and all persons having any objections to the proposed re-districting may appear before the Council, and show cause why said proposed re- districting should not be carried out in accordance with said ordinance. The Council shall at the time of the introduction of said ordinance cause notice to be entered at large upon its minutes stating the said hour and date of hearing protests, and the City Secretary shall publish a notice of said hearing in a local daily newspaper of general circulation, designated by resolution for that purpose, to be published at least three (3) times, the first publication of which shall not be less than fifteen (15) days prior to the date fixed for the hearing, which notice shall be in addition to the notice provided for in Section 20 of this ordinance. If said ordinance shall not affect, change, diminish or e:rtend the boundaries of the districts established herein but shall affect only changes, modifications or or repeal of any of the regulations or restrictions within the district as established herein, then the publication of said notice shall be deemed sufficient without the posting of notices as provided herein. Section 22. WRITTEN OR ORAL PROTEST . At any time not later than the hour set for hearing objections to the proposed re -districting any owner of property within the proposed district or within the district defined herein, may make written protest against the proposed re -districting. Such written protest shall be filed with the City Secretary at or prior to the hour set for hearing protests. At the time set for hearing protests the Council shall proceed to hear and pass upon all protests made, either oral or written and its decisions shall be final and conclusive. Section 23. ENFORCENENT. It shall be the duty of the City Engineer to en- force the provisions of this ordinance and to refuse to issue any building permit for any building or structure which would violate any of the provisions hereof, and the said City Engineer or any deputy or inspector, by and with the consent of the City Engineer is hereby authorized and instructed to bring to the attention of the proper official or officials of this City any violations of any of the terms of this ordinance in order that the aforesaid official or officials may institute appropriate action to prevent such unlawful erection, maintenance, construction, re -construction, alteration, repair, conversion or use, to restrain, correct or abate such violation and to prevent any illegal act, conduct or use on or about such premises. Section 24. PERMITS. No permit for the erection, alteration, removal, con- struction, re -construction, conversion, use or maintenance of any building or premises shall be issued by the City Engineer unless there shall first be filed in his office by the applicant therefore, a plan in duplicate, drawn to scale, correctly showing the location and actual dimensions of the lot to be occupied, the dimensions and location on the lot, of the building to be erected, moved, altered, repaired, maintained or used, with measurements in feet and inches from all lot lines to all foundation lines of building, together with a true statement, in writing, signed by the applicant, showing the use for which such building or premises is arranged, intended or designed, and the location and dimensions of all driveways, sidewalks, steps, porches and accessory buildings or structures, and no permit shall be issued by said City Engineer unless such plan shall show in all details that such building, structure or premises is to be constructed erected, maintained or used in conformity with all the provisions of this ordinance. A record of such applications and plans shall be kept in the office of the City Secretary. Failure of any applicant or of his a gents, servants or employees to construct, alter, move or maintain any buildings, structures or premises in c onf ormanc a with such plans on which such permit is is sue d► when such failure constitutes a violationof any provisions of this ordinance, shall render such permit void, and the City Engineer is hereby authorized and directed to re- voke any such permit by giving written notice to the applicant or his agents, servants or employees and all of work upon such buildings, structures or premi 23 - object, such amendment shall not become effective except by the favorable vote of the City Council. Section 28. INVALIDITY OF A PART. In case any portion of this ordinance shall be held to be invalid or unconstitutional, the remainder of the ordinance shall not thereby be invalid but shall remain in full force and effect. Section 29. PUBLIC UTILITIES EXEMPTED. Nothing in this ordinance shall be construed to apply to telephone buildings, structures, tracks, terminal buildings, railway rights-of-way, gas or electric sub -stations or other public utilities when such buildings, structures or uses are designed, intended and used exclu- sively for public utility purposes. It is intended by this provision to exempt the use of property owned or controlled by public utility companies; provided, such use is exclusively for public utility purposes; such property shall, how- ever, be subject to all the restrictions and regulations of this ordinance re lating to uses other than such public utility use. Passed and approved this the 22nd day of Jnuary, 1940. Approved: J. H. Binney Mayor Attest: Sidney L. Loveless City Secretary