§ 10. "I" Industrial district.

The following regulations shall apply to the "I" Industrial district:

A.

Use regulations: Any building or premises may be used for any purpose not in conflict with the Charter (or any ordinance in force there under) of the City of Eagle Pass, Texas, provided that no building or occupancy permit shall be issued for any of the following uses until and unless the location of such use shall have been approved by the City Council of the City of Eagle Pass, Texas, following a recommendation by the planning and zoning commission.

(1)

Cement or lime manufacture.

(2)

Distillation of bones.

(3)

Explosives manufacture or storage.

(4)

Fat rendering.

(5)

Garbage, offal or dead animal incineration, reduction or dumping.

(6)

Junk yards or automobile wrecking yards.

(7)

Petroleum refinery.

(8)

Slaughter and dressing of animals (not including poultry and rabbits).

(9)

Stockyards.

(10)

Wholesale storage of gasoline or other petroleum products in carload lots or more aboveground.

(11)

Residential uses are not permitted in this district.

(12)

Uses permitted in the B-1, B-2 and B-3 Districts are permitted, except for residential uses, which shall not be permitted in the Industrial District.

B.

Height regulations: No building shall exceed a height of six (6) stories or seventy-five (75) feet.

C.

Yard regulations:

(1)

A fifty (50) foot front yard setback is required.

(2)

No side or rear yards are required.

D.

Intensity of use: There are no minimum lot area or lot width requirements.

E.

Parking regulations: Parking shall be provided as required in section 12.1, Parking Requirements.

F.

Additional use, height, and area regulations: Additional use, height, and area regulations and exemptions are found in section 12 herein.

G.

Flea markets.

(1)

Flea markets, as defined by section 19-111 of the Code of Ordinances, are prohibited in all districts. However, a flea market is only authorized in an "I" Industrial district provided the following conditions are satisfied:

(a)

The operation shall comply with and be subject to the licensing provisions of chapter 19, article VII of the Code of Ordinances of the City of Eagle Pass governing flea markets;

(b)

The city council authorizes the issuance of a conditional use permit (CUP) for a flea market on property within the Industrial district, as generally provided for in section 21 of the Zoning Ordinance; and

(c)

The applicant pays for all costs related to the publication and notification requirements for a conditional use permit in addition to the five hundred dollar ($500.00) filing fee.

(2)

As of January 16, 2018, the operations of any lawfully licensed and established flea market shall be allowed to continue until the flea market use: (i) changes to a conforming or permitted use; (ii) is abandoned, vacated or ceases to operate for a period of at least one (1) year; (iii) is enlarged or expanded without a conditional use permit; (iv) is destroyed or damaged to the extent that it will cost at least fifty (50) percent or more of its last appraised value to repair or rebuild the buildings or structures applicable to the flea market use; (v) is amortized, by the request of the city council via a resolution, to allow the landowner a reasonable time to recoup the investment in the flea market use and, to the extent that any nonconforming structures cannot be used for a conforming purpose, time to recoup the investment in those structures. If any of the conditions in items (i-v) occur, the flea market use shall cease and lose its nonconforming status.

(Ord. No. 06-13, § 2, 7-11-2006; Ord. No. 2018-03, § 2, 1-16-2018)