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The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure of land, and particularly, except as hereinafter provided:
(A) No building, structure or land shall thereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
(B) No building or other structure shall hereafter be erected or altered:
(1) To exceed the height;
(2) To accommodate or house a greater number of families;
(3) To occupy a greater percentage of lot area;
(4) To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required or in any other manner contrary to the provisions of this chapter.
(C) No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
(D) No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
(E) All territory which may hereafter be annexed to the city shall be zoned in the classification designated by the ordinance annexing such territory, which classifications are now a part of the Comprehensive Zoning Ordinance of the city. Whenever such annexation has been completed, such newly annexed territory shall be subject to all the rules and regulations of the classification zone and/or zones designated in such annexing ordinance in accordance with the Comprehensive Zoning Ordinance, as amended, of said city.
(F) No manufactured home may be installed in any district except as follows:
(1) A new or used HUD-code manufactured home having less than 850 square feet of living space and mobile homes may be installed in a licensed mobile home park upon meeting all of the requirements of Chapter 152 of the Code of Ordinances.
(2) A new or used HUD-code manufactured home may be installed in the mobile home subdivision district upon meeting all of the requirements of § 155.033.
(3) A new HUD-code manufactured home having 850 square feet or more of living space may be installed in the blended conventional dwelling and new HUD-code manufactured home district upon meeting all of the requirements of § 155.034.
(G) The requirements of this chapter for a liquor store shall not apply to any of those liquor stores in the city for which a permit to sell liquor has heretofore been issued by the Texas Alcoholic Beverage Commission if such permit was in force and effect on January 1, 2004; and any such liquor store may continue to operate at its present location within the city for as long after such date as such liquor store continues to maintain a permit to sell liquor issued by the Texas Alcoholic Beverage Commission.
(H) Outside sales are prohibited on any parking facility within the city. Provided, however, it shall be an affirmative defense in any prosecution for a violation of this division if such sale is conducted (1) by the parking facility owner, (2) pursuant to a temporary use permit which has been issued under § 155.060, (3) by a non-profit association or organization which has been exempted from income taxation by the Internal Revenue Service under Section 501(c) of the Internal Revenue Code, or (4) by an individual or group of individuals not having been so exempted from income taxation but such sale is being conducted for a purpose which the City Manager, on request, has found to be charitable. The decision of the City Manager in this regard shall be by evidenced by written memorandum and may be appealed to the City Council. A decision by the City Manager or, if appealed, the decision of the City Council, recorded in the minutes of a duly call meeting thereof, that the purpose of such sale is charitable shall be final and nonappealable.
(Ord. 1100 § 5, passed 4-3-64; Am. Ord. 1100-K, passed 1-7-74; Am. Ord. 1845, passed 11-16-98; Am. Ord. 2004-2040, passed 3-15-04; Am. Ord. 2004-2043, passed 5-3-04) Penalty, see § 155.999