§ 3. Use districts.

In said several districts, as heretofore enumerated and as hereinafter set apart, segregated and identified, no building or premises shall be used and no building shall be erected or structurally altered which is arranged or designated to be used for other than one or more of the uses assigned and allocated to same respectively as follows:

"A" Dwelling District:

(1)

One-family dwellings.

(2)

Fire stations.

(3)

Churches.

(4)

Schools.

(5)

Public parks and playgrounds.

(6)

Accessory buildings are permitted, including a private garage and servants' quarters when located not less than eighty (80) feet from the front lot line, nor less than five (5) feet from any other street line, nor less than three (3) feet from either side line. The servants' quarters, however, shall not be leased or rented to anyone other than to the family of the bona fide servant giving more than fifty (50) percent of his or her time to the family occupying the premises to which the servants' house is an accessory building.

(7)

The uses customarily incident to any of the above uses when situated in the same dwelling and not involving the conduct of a business, including customary home occupations engaged in by the occupants of the dwelling and including also the office of a physician, surgeon, dentist, musician or artist, when situated in the same dwelling used by such physician, surgeon, dentist, musician or artist as his or her private dwelling, but said incidental use shall never be permitted as a principal use, but as a secondary use when indispensably necessary to the enjoyment of the premises for any one of the uses permitted by this section and actually made of the premises but not otherwise; provided no name plate exceeding one (1) square foot in area or temporary bulletin boards nor signboards exceeding twelve (12) square feet in area advertising the lease, hire, or sale of a building or premises, nor advertising sign of any other character shall be permitted in any "A" District.

(8)

The conducting of a temporary or occasional sale of personal property shall not be construed to involve the conduct of a business as that term is used in the preceding paragraph. The temporary or occasional sale of personal property shall be construed as a sale of tangible personal property at retail during a period of not more than three (3) consecutive days, carried on at the home or residence of a person who does not hold himself out engaged in and who does not habitually engage in the business of selling tangible personal property at retail. Such a temporary or occasional sale may not be held upon the same premises more than twice during any twelve-month period. The conducting of such a temporary or occasional sale shall not be carried on in such a manner as to create a disturbance or nuisance, and it may involve the sale of tangible personal property belonging to the seller only. Such property may not have been purchased for resale. No more than two (2) signs may be posted on the residential property advertising such sales, and the signs may not exceed two hundred eighty-eight (288) square inches in size.

"B" Dwelling District:

(1)

Any use permitted in an "A" District.

(2)

Manufactured homes and modular homes. These shall be rendered immobile by the removal of axles and wheels, placed upon foundation, tied down and skirted, in full compliance with the standards prescribed by the International Residential Code. Provided, however, that unless such is located on a tract zoned for an approved mobile home/RV park, no property owner shall permit the location of more than one (1) single manufactured home or modular home upon a single lot, as such lots are designed in the map or plat of the appropriate addition or subdivision of the City of Sweetwater, Texas, and which map or plat is recorded in the office of the County Clerk of Nolan County, Texas.

(3)

Reserved.

(4)

Nurseries (no sales office).

(5)

Golf courses, except miniature courses operated for commercial purposes.

(6)

Water supply reservoirs, towers and artesian wells, gas and electric public utility regulator stations, but the size and location of said stations to be fixed by the city commission.

(7)

Telephone exchange (no business office).

(8)

Two-family dwellings.

(9)

Colleges.

(10)

Accessory buildings will be permitted, including a private garage and servants' quarters when located not less than eighty (80) feet from the front lot line, nor less than five (5) feet from any other street line, nor less than three (3) feet from either side line. The servants' quarters, however, shall not be leased or rented to anyone other than to the family of a bona fide servant giving more than fifty (50) percent of his or her time to the family occupying the premises to which the servants' house is an accessory building.

(11)

The uses customarily incident to any of the above uses when situated in the same dwelling and not involving the conduct of business, including customary home occupations engaged in by the occupants of the dwelling and including also the office of a physician, surgeon, dentist, musician or artist, when situated in the same dwelling used by such physician, surgeon, dentist, musician or artist, as his or her private dwelling, but said incidental use shall never be permitted as a principal use, but only as a secondary use when indispensably necessary to the enjoyment of the premises for any one of the uses permitted by this section and actually made of the premises but not otherwise; provided, that no name plate exceeding one (1) square foot in area, nor temporary bulletin boards, nor signs exceeding twelve (12) square feet in area advertising the lease, hire, or sale of a building or premises, nor advertising sign of any other character shall be permitted in any "B" District.

"C", "D" and "E" Dwelling Districts:

(1)

Any use permitted in any of the foregoing districts.

(2)

Boarding houses and lodging houses.

(3)

Hospitals and clinics, (excepting tubercular and veterinary hospitals and clinics, and those for alcoholic, narcotic, insane and feebleminded patients).

(4)

Hotels in which businesses may be conducted for the sole convenience of the occupants of the building; provided, however, there shall be no entrance to such place of business except from the inside of the building.

(5)

Libraries and museums.

(6)

Multiple dwellings, apartment houses and group houses (not including tourist or trailer camps, courts or lodges).

(7)

In "C" and "D" Districts accessory buildings and uses customarily incident to any of the above uses are permitted when not involving the conduct of a business other than incidental to the residential use of such a lot, including private and storage garage; provided, however, that no such accessory building or use shall be located less than sixty (60) feet from the front lot line, nor less than five (5) feet from any other street line, nor less than three (3) feet from either side line.

(8)

In the "E" District accessory buildings and uses customarily incident to any of the above uses are permitted when not involving the conduct of a business other than incidental to the residential uses of such lot, including private and storage garage; provided, however, that no such accessory building or use shall be located less than fifty (50) feet from the front lot line, nor less than five (5) feet from any other street line; nor less than three (3) feet from either side line.

(9)

Day care centers.

Be it further ordained that any use of property existing at the time of the passage of this amendment that does not conform to the regulations prescribed above shall be deemed a nonconforming use and may continue for the time being. If such nonconforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this ordinance. Such nonconforming property may not be rebuilt; nor shall major repairs be performed thereon after the passage of this amendment.

"E-1" Dwelling District:

(1)

Any use permitted in any of the foregoing dwelling units.

(2)

Single- or multiple-family dwellings.

(3)

The dwelling uses contemplated by this district are those of town houses constructed in such a manner as to eliminate the maintenance of lawns, gardens and yards. Included are those uses customarily incident to the above uses when situated in the same dwelling and not involving the conduct of a business, including customary home occupations engaged in by the occupants of the dwelling.

"F" Local Retail District:

(1)

Any uses permitted in any of the foregoing dwelling districts.

(2)

Bank, office, studio.

(3)

Restaurant or cafe.

(4)

Retail pressing, dyeing and cleaning shops.

(5)

Retail store, barber shop, beauty parlor, and other shops for custom work or the making of articles to be sold at retail on the premises provided that no "second hand goods" store or yard will be permitted in the "F" or "G" District.

(6)

All private clubs as defined in Article 666-15E Texas Liquor Control Act, and which are licensed under the provisions of such statute.

(7)

Institutions of a philanthropic nature other than penal correctional institutions.

(8)

Private clubs, fraternities, sororities, lodges, excepting those whose chief activities are service customarily carried on as a business.

(9)

Laundry with retail pressing, dyeing and cleaning shops.

"G" Local Business District:

(1)

Any use permitted in any of the foregoing districts.

(2)

Auto sales (where the major business is the display and sale of new automobiles by an authorized dealer and repair work and storage facilities shall be purely incidental, provided further that the area allowed for the repairs and storage of cars shall not be nearer than twenty (20) feet from the front line of the building; secondhand auto sales.

(3)

Bakery, laundry, cigar manufacturing, candy manufacturing (when employing less than six (6) persons on the premises).

(4)

Hotels.

(5)

Mortuary, green house or nursery office.

(6)

Public storage garage (only minor repairs).

(7)

Retail ice delivery station, gasoline filling station.

(8)

Theatre, moving picture show.

(9)

R.V. or manufactured home parks, motels or lodges.

(10)

Wholesale office and sample room.

(11)

Job printing.

(12)

Any use not included in any other class provided such use is not noxious or offensive by reason of the emission of odor, dust, gas fumes, noise or vibration; provided further, that no kind of manufacture or treatment shall be permitted in the "G" District other than the manufacture or treatment of products clearly incidental to the conduct of a retail business conducted on the premises.

(13)

Miniature golf course.

(14)

Secondhand goods store (when housed entirely in buildings).

(15)

Rental storage units.

"H" Business District:

(1)

Any use permitted in any of the foregoing districts.

(2)

Bakeries.

(3)

Bottling works.

(4)

Candy manufacturing.

(5)

Cigar, cigarette, tobacco manufacture.

(6)

Newspaper printing, art printing.

(7)

Electro plating, electric work, including armature winding, galvanizing.

(8)

Skating rinks and non-gambling game rooms.

(9)

Reserved.

(10)

Pecan shelling.

(11)

Public garage.

(12)

Apparel assembly operation.

(13)

Storage warehouses.

(14)

Wholesale houses.

(15)

Retail lumber yards.

(16)

Any use not included in any other class provided such use is not noxious or offensive by reason of the emission of odor, dust, smoke, gas fumes, noise or vibration; provided, further, that no kind of manufacture or treatment not listed above shall be permitted in an "H" District other than the manufacture or treatment of products clearly incidental to the conduct of a business conducted on the premises.

(17)

Driving ranges.

"J" and "K" Industrial Districts:

(1)

Any use permitted in any of the foregoing districts.

(2)

Blacksmith or horseshoeing shops.

(3)

Ice cream manufacture, ice manufacture, cold storage plants, electric power plant, and creamery and dairy products manufacture and processing, wholesale milk distribution.

(4)

Cotton storage yard.

(5)

Broom manufacture.

(6)

Carpet cleaning.

(7)

Chicken hatcheries.

(8)

Central mixing plant for cement, mortar, plaster and paving materials.

(9)

Commercial amusement parks, swimming pool, dance hall, archery ranges.

(10)

Cooperage works.

(11)

Emery cloth and sand paper manufacture

(12)

Flour mill, rice mill.

(13)

Iron, steel or copper fabrication plant.

(14)

Livery stable, riding academy.

(15)

Motor freight depot or garages.

(16)

Machine shop.

(17)

Mattress manufacture; paper box manufacture.

(18)

Penal or correctional institution. Institutions for the care of tubercular, insane, feebleminded, alcoholic or narcotic patients.

(19)

Petroleum products, wholesale storage.

(20)

Billboard or advertising signs.

(21)

Planing mill or wooden box manufacturing.

(22)

Refrigerator manufacture.

(23)

Contractor's plant and storage.

(24)

Stone monumental works.

(25)

Veterinary hospital.

(26)

Yeast plant.

(27)

Manufacture of any kind not listed under Section [District] "L" First Manufacturing District under Section [District] "M" Second Manufacturing District; provided, that such use is not noxious or offensive by reason of the emission of dust, smoke, gas fumes, noise or vibration.

(28)

Kennels. Kennels as used in this ordinance shall mean any lot, building, structure, enclosure or premises wherein four (4) or more dogs or four (4) or more cats are kept, whether for commercial, noncommercial or veterinary purposes, including places where dogs or cats are boarded, kept for sale, or kept for hire. Any use of property, and which use exists at the time of passage of this amendment, that does not conform to the regulations described above, shall be deemed a nonconforming use and may continue for the time being. If such nonconforming use is discontinued, any future use of the premises shall be in conformity with the provisions of this ordinance. Property upon which a nonconforming use exists may not be repaired or rebuilt after the passage of this amendment.

(29)

Vehicle holding-impound yard. Defined as a lot or building where vehicles, impounded by law enforcement agencies and vehicles awaiting insurance company action, are stored temporarily. No dismantling/repairing or modifications are authorized to be conducted on this property. Sections 17-53 and 17-55 of the Code of Ordinances of the City of Sweetwater apply.

"L" First Manufacturing District:

(1)

Any use permitted in any of the foregoing districts.

(2)

Acetylene, gas manufacture.

(3)

Alcohol manufacturing.

(4)

Automobile wrecking.

(5)

Bag cleaning.

(6)

Blast furnace.

(7)

Boiler works.

(8)

Brick, tile, pottery or terra cotta manufacture.

(9)

Candle manufacture.

(10)

Canning or preserving manufacture, egg breaking.

(11)

Celluloid and similar cellulose material manufacture.

(12)

Coal hoist, coal pocket or coal tar trestle.

(13)

Cotton compress, cotton ginning, cotton bailing.

(14)

Cotton warehouses and cotton seed processing.

(15)

Disinfectant and insecticide.

(16)

Dye stuff manufacture.

(17)

Fish smoking and curing.

(18)

Feed mill.

(19)

Forge plant.

(20)

Grain elevators.

(21)

Steel, iron, brass or copper foundry.

(22)

Oil cloth or linoleum manufacture.

(23)

Oil or rubber goods manufacture.

(24)

Pickle manufacture.

(25)

Potash works.

(26)

Poultry killing, cleaning and dressing, storage of live poultry.

(27)

Pyroxylin manufacture.

(28)

Railroad roundhouse or shops.

(29)

Rock crusher.

(30)

Rubber or gutta-percha manufacture or treatment.

(31)

Rolling mills.

(32)

Salt works.

(33)

Sauerkraut manufacture.

(34)

Shoe polish manufacture.

(35)

Soda and compound manufacture.

(36)

Stone mill or quarry.

(37)

Storage or baling or rages, iron, junk or paper.

(38)

Stove polish manufacture.

(39)

Tile roofing or waterproof manufacture.

(40)

Textile manufacture.

(41)

Tobacco (chewing) manufacture or treatment.

(42)

Wool pulling or scouring.

(43)

Livestock auction sales with barns and temporary concentration shipping, loading and unloading facilities.

(44)

Manufacture or industrial operations of any kind not heretofore listed, and exclusive of use listed as a second manufacturing use in District "M."

"M" Second Manufacturing District:

(1)

Any use permitted in any of the other foregoing districts.

(2)

Acid manufacturing.

(3)

Ammonia, bleaching powder or chlorine manufacture.

(4)

Asphalt manufacturing or refining.

(5)

Cement, lime, gypsum or plaster of paris manufacture.

(6)

Creosote treatment or manufacture.

(7)

Distillation of bones, coal or wood.

(8)

Explosives or fireworks manufacture or storage arsenals.

(9)

Fertilizer manufacture.

(10)

Fat rendering.

(11)

Gas (illuminating or heating) manufacture or storage.

(12)

Glue or gelatine manufacture.

(13)

Gunpowder, manufacture or storage.

(14)

Lampblack manufacture.

(15)

Match manufacture.

(16)

Sawmill.

(17)

Paint, oil, shellac, turpentine or varnish manufacture.

(18)

Petroleum products, refining of.

(19)

Soap manufacture, other than liquid soap.

(20)

Livestock feeding yards and pens and animal slaughtering and packing.

(21)

Tanning, curing or storage of raw hides and skins.

(22)

Tan distillation or manufacture.

(23)

Vinegar manufacture.

(24)

Any purpose of whatsoever not in conflict with any ordinance of the city regulating nuisances.

(25)

Adult entertainment enterprise.

"R" Residential with Livestock District:

(1)

Any use permitted in a "B" District except insofar as it may be inconsistent with the specific provisions of the "R" District.

(2)

Farm or ranch and truck gardening.

(3)

Ranchette.

(4)

Uses customarily incident to any of the above uses in accordance with the following specific provisions:

a.

Maintenance of livestock in the "R" District shall be limited to the permitted total number of "animal units" for each lot, tract or parcel. The "R" District shall allow such "animal units", when adequately housed and/or fenced on a lot, tract or parcel of land under single ownership, as follows:

•

A one-half (½) acre minimum size lot, tract or parcel shall have a maximum of one (1) animal unit.

•

For each additional one-quarter (¼) acre of land within an individual lot, tract or parcel, one-half (½) additional animal unit shall be allowed.

•

Young animals mothered by resident animals shall be exempt from the animal unit designation until reaching the age of nine (9) months.

b.

Any domestic or exotic animal, except those described as "animal units" or those permitted by Chapter 6 of the City of Sweetwater Code of Ordinances, are expressly forbidden. The keeping of all household pets and fowl shall be permitted in conformance with Chapter 6 of said Code.

c.

All animals kept in "R" Districts shall be confined within pens or fences of suitable materials and substantial construction sufficient to restrain the animals.

d.

The keeping of "animal units" on any lot, tract or parcel classified as a "ranchette" shall be permitted only in conjunction with the residential use of said premises. In addition, each animal kept on any "Ranchette" shall be provided with shelter suitable for protection from the elements. Such shelters shall comply with the requirements of a construction permit, if such is required, to be obtained from the Building Official. Feed stored on any "ranchette" shall only be an amount for the immediate consumption needs of the resident animals.

e.

The storage of animal foods including baled feed such as, but not limited to hay and alfalfa, on any lot, tract or parcel of land classified as a "farm or ranch" shall not be limited in quantity provided that such storing is done in such a manner so as not to:

1)

constitute a fire hazard or unreasonable risk of fire as determined by the City Fire Marshal; or

2)

constitute a menace to health or safety, including all conditions conducive to the harboring of rats or mice or other disease carrying animals or insects or birds that are likely to spread disease, as determined by the City Code Enforcement Officer.

f.

Feed grains or all other animal foods with the exception of hay shall be stored in metal or other rodent-proof receptacles.

g.

The owner of each animal allowed under this section shall use reasonable and prudent care to ensure the health, protection and safety, not only of each animal, but also of persons at the residence and surrounding areas. The owner shall maintain the entire property and control all animals so as not to become a nuisance.

h.

It shall not be construed, that should an "R" District zone boundary line follow a city limit boundary line which divides a particular tract or parcel of land under one ownership, to restrict that portion of such particular tract or parcel which is incorporated when calculating the applicable animal unit to area ratio, or when applying any other provision of this ordinance.

(5)

Accessory buildings associated with sheltering livestock are permitted when located not less than eighty (80) feet from the front property line, thirty (30) feet from any side property line, or thirty (30) feet from the rear property line. Furthermore, such accessory buildings shall not be located within forty-five (45) feet of any structure intended for human habitation. Other accessory buildings, whether attached or detached, are permitted when located not less than twenty-five (25) feet from the front property line, fifteen (15) feet from any side property line, or fifteen (15) feet from any rear property line.

(6)

Only one (1) residence shall be allowed on any lot, tract or parcel of land classified asa "ranchette" which is less than one (1) acre in area, and no more than two (2) residences shall be allowed upon any one "ranchette" which is one (1) acre or more in area, or upon any "farm or ranch". Furthermore, no lot, tract or parcel of land shall be further subdivided so as to create a violation of any provision.

(7)

Due to the nature of this zone classification, subdivisions, lots, tracts or parcels to be zoned "R" shall not be adopted contiguous to existing conventional lots and blocks and in common with a property line on conventional city lots.

(Ord. of 5-26-58; Ord. of 10-12-71; Ord. of 6-28-72; Ord. of 2-11-73; Ord. No. 83-02-08/III, 2-22-83; Ord. No. 86-55, 11-11-86; Ord. No. 88-04, 5-10-88; Ord. No. 89-03, 2-14-89; Ord. No. 89-19, 8- 8-89; Ord. No. 90-11, 6-12-90; Ord. No. 92-01, 1-14-92; Ord. No. 94-12, §§ 1, 2, 8-9-94; Ord. No. 94-13, §§ 1, 2, 11-8-94; Ord. No. 95-15, 11-14-95; Ord. No. 97-02, § B, 3-18-97; Ord. No. 99-07, 7-13-99; Ord. No. 2009-04, 7-28-09; Ord. No. 2011-11, § 1, 11-8-11)