City of New Fairview, TX Supplementary Regulations

GENERALLY.

Whenever a site plan is required by this ordinance, such site plan must conform to the requirements of this section. Unless otherwise specified in this ordinance, all site plans must be approved by the City Council. The site plan submitted in support of an application shall satisfy the requirements for site plan submittals as set forth by the City staff. Site plans shall be reviewed by the City staff, and comments shall be returned within five working days after the review by the City staff. In no event shall the review process exceed 15 working days after submittal. The submittal date of the site plan shall be the date upon which the site plan is found to be in compliance with the provisions of the site plan application by the City staff.

20.2

REQUIRED PRIOR TO BUILDING PERMIT.

When required by this ordinance, a site plan must be approved prior to the issuance of a building permit by the City.

20.3

CHANGES TO THE SITE PLAN.

Changes to the site plan shall be processed in the same manner as the original approved site plan.

Except as otherwise provided in paragraph C below, any site plan that is amended shall require approval of the City Council.

Changes to the site plan which will affect the use of the land may require either an amendment to a Planned Development or a rezoning of property, whichever applies.

Changes of details within a site plan which do not alter the basic physical relationship of the property to adjacent properties; do not alter the use permitted; and do not increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved site plan, may be authorized by the administrative official or his/her designee. An aggrieved party may appeal the decision of the administrative official or his/her designee to the Zoning Board of Adjustment in accordance with the provisions of this ordinance.

20.4

COUNCIL APPROVAL.

Council approval of a site plan that accompanies a zoning change request shall become part of the amending ordinance.

20.5

SITE PLAN CONTENT.

The site plan shall contain the information listed below, and any or all of the required features may be incorporated on a single drawing if the drawing is clear and capable of evaluation by the City Council and the staff personnel required to enforce and interpret this ordinance.

The boundary lines and dimensions of the property, existing subdivision lots, available utilities, easements, roadways, sidewalks, emergency access easements, and public rights-of-way.

Topography of the property proposed for development in contours of not less than two feet, together with any proposed grade elevations, if different from existing elevations.

Floodplains, watercourses, marshes, drainage areas, and other significant environmental features including, but not limited to, rock outcroppings and major tree groupings. Topographic and drainage map information provisions may be waived by the reviewing body when the inclusion of such data would not materially contribute to the necessary evaluation of the project petition.

The location and use of all existing and proposed buildings or structures, including all refuse storage areas, and the minimum distance between buildings. Where building complexes are proposed, the location of each building and the minimum distances between buildings, and between buildings and the property line, street line, and/or alley.

Total number, location, and arrangement of off-street parking and loading spaces, where required.

All points of vehicular ingress, egress, and circulation within the property and all special traffic regulation facilities proposed or required to assure the safe function of the circulation plan.

Setbacks, lot coverage, and when relevant, the relationship of the setbacks provided and the height of any existing or proposed building or structure.

The location, size, and arrangement of all outdoor signs, exterior auditory speakers, and lighting.

The type, location, and quantity of all plant material used for landscaping, and the type, location, and height of fences or screening and the plantings around them.

If multiple types of land uses are proposed, a delineation of the specific areas to be devoted to various land uses.

Vicinity map, north point, scale, name of development, name of owner, name of planner, total acreage of project, and street address or common description of the property.

Current land uses and zoning district of the property and current land uses and zoning districts of contiguous properties.

Buildings on the exterior of the site and within twenty-five feet of all property lines.

The location and size of existing and proposed surface and subsurface drainage facilities, including culverts, drains, and detention ponds, showing size and direction of flow.

The number of square feet of the property after construction which will constitute impervious area or impervious surface and vegetated areas.

Architectural drawings, such as elevations, concept sketches or renderings depicting building types and other significant proposed improvements including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant's land use and development proposals.

Legal description of the total site area proposed for rezoning, development or specific use permit.

Signature, title and date of the applicant, at the conclusion of the written documents certifying the information presented in the plans, and supporting documents reflect a reasonably accurate portrayal of the general nature and character of the applicant's proposals.

(Ordinance 2010-01-149 adopted 1/19/10)

§ 21 Specific Use Permits.

21.1

PURPOSE.

Certain land uses, because of their nature and location, are not appropriate for categorizing into installations, such as colleges and universities, institutions, community facilities, zoos, cemeteries, country clubs, show grounds, drive-in theaters and other unusual land uses not specifically provided for in this chapter. To provide for the proper handling and location of such specific uses, provision is made for amending this chapter to grant a permit for a specific use in a specific location. This procedure for approval of a specific use permit includes a public hearing. The amending ordinance may provide for certain restrictions and standards for operation. The indication that it is possible to grant a specific use permit as noted elsewhere in this ordinance does not constitute a grant of privilege for such use, nor is there any obligation to approve a specific use permit unless it is the finding of the City Council that such a special use is compatible with adjacent property use and consistent with the character of the neighborhood.

21.2

PERMIT REQUIRED.

No special use shall be erected, used, altered, occupied nor shall any person convert any land, building or structure to such a use unless a specific use permit has been issued by the City Council. The granting of a specific use permit shall be done in accordance with the provisions for amendment of this zoning ordinance.

21.3

APPLICATION PROCEDURE.

An application for a special permit shall be filed with the administrative official on a form prepared by the City. The application shall be accompanied by the following:

A completed application form signed by the property owner;

An application fee as established by the City's latest adopted schedule of fees;

A certificate stating that all City and school taxes have been paid to date;

A property description of the area where the specific use permit is proposed to apply;

A site plan complying with the requirements stated in this section which will become a part of the specific use permit, if approved; and

Any other material and/or information as may be required by the City Council or the administrative official to fulfill the purpose of this subsection and to ensure that the application is in compliance with the ordinances of the City.

21.4

SITE PLAN INFORMATION.

A site plan shall contain, at a minimum the following information, as provided in Section 20, Site Plan Requirements: [sic]

21.5

ADDITIONAL INFORMATION.

The following additional information may also be required if deemed appropriate by staff or the City Council.

Copies of studies or analyses upon which have been based projections for need or demand for the proposed facility.

Description of the present use, assessed value and actual value of the land affected by the proposed facility.

Description of the proposed use, anticipated assessed value and supporting documentation.

A description of any long-term plans or master plan for the future use or development of the property.

A description of the applicant's ability to obtain needed easements to serve the proposed use.

A description of any special construction requirements that may be necessary for any construction or development on the subject property.

A traffic impact analysis prepared by a qualified professional in the field of traffic evaluation and forecasting may be required.

21.6

ADMINISTRATIVE RELIEF OF REQUIREMENTS.

The applicant may be granted relief from the site plan requirements upon showing justification that such requirements are not applicable or do not provide substantive information that impacts the project or surrounding land uses. Such relief may be granted administratively by the City staff upon their discretion and may submit the requirement to receive relief to the Planning and Zoning Commission if deemed appropriate by the City staff.

21.7

CONDITIONS OF PERMIT APPROVAL.

A specific use permit shall not be recommended for approval by the City Council unless the Council finds that all of the following conditions have been found to exist:

The proposed use complies with all the requirements of the zoning district in which the property is located.

The proposed use as located and configured will contribute to or promote the general welfare and convenience of the City.

The benefits that the City gains from the proposed use outweigh the loss of or damage to any homes, business, natural resources, agricultural lands, historical or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historical features of significance, and outweigh the personal and economic cost of any disruption to the lives, business and property of individuals affected by the proposed use.

Adequate utilities, road access, drainage and other necessary supporting facilities have been or shall be provided.

The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments.

The issuance of the specific use permit does not impede the normal and orderly development and improvement of neighboring vacant property.

The location, nature and height of buildings, structures, walls and fences are not out of scale with the neighborhood.

The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity.

Adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration and visual blight.

Sufficient on-site lighting is provided for adequate safety of patrons, employees and property, and such lighting is adequately shielded or directed so as not to disturb or adversely effect neighboring properties.

There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties.

The proposed operation is consistent with the applicant's submitted plans, master plans, projections, or, where inconsistencies exist, the benefits to the community outweigh the costs.

The proposed use is in accordance with the City of New Fairview Comprehensive Land Use Plan.

21.8

ADDITIONAL CONDITIONS.

In authorizing a Specific Use Permit, the City Council may impose additional reasonable conditions necessary to protect the public interest and the welfare of the community.

21.9

TIME LIMIT.

A Specific Use Permit issued under this division shall become null and void unless construction or use is substantially underway within one year of the granting of the permit, unless an extension of time is approved the City Council.

21.10

REVOCATION OF PERMIT.

A Specific Use Permit may be revoked or modified, after notice and hearing, for either of the following reasons:

The permit was obtained or extended by fraud or deception.

One or more of the conditions imposed by the permit has not been met or has been violated.

21.11

AMENDMENTS TO SPECIFIC USE PERMIT.

The procedure for amending a Specific Use Permit shall be the same as for a new application, provided the administrative official may approve minor variations from the original permit which do not increase density, change traffic patterns, or result in an increase in external impacts on adjacent properties or neighborhoods.

(Ordinance 2010-01-149 adopted 1/19/10)

§ 22 General Height Requirements.

22.1

NONRESIDENTIAL STRUCTURES.

A nonresidential building and structure located in any zoning district and may exceed the permitted height in a zoning district if the following conditions are met:

A Site Plan is provided; and

For every one foot exceeding the maximum permitted height, an additional one foot of setback is provided on the front, side, and rear yards. The maximum height of a building shall not exceed 85 feet without a special exception. See Section 36.7, Authorized Special Exceptions.

22.2

EXCEPTIONS.

Height regulations do not apply to steeples, domes, cupolas, or other architectural design elements usually required to be placed above the roof level and not intended for human occupancy.

22.3

ANTENNAS.

For antenna and tower height regulations see Section 30, Wireless Communications Facilities.

(Ordinance 2010-01-149 adopted 1/19/10)

§ 23 General Yard Requirements.

The following general requirements provide additional criteria which apply to yard requirements in all zoning districts.

23.1

PROJECTIONS OF STRUCTURAL FEATURES.

Ordinary sills, belt courses, cornices, chimneys, bay windows, buttresses and ornamental features may project not more than twelve inches into a required yard; and

Eaves may project not more than 36 inches into a required yard.

23.2

CARPORTS.

A porte-cochere, carport or canopy may project into a required side yard, provided every part of such porte-cochere, carport or canopy is unenclosed except for necessary structural supports.

23.3

GASOLINE FACILITIES.

Gasoline filling station pumps and pump islands may be located or project into a required yard provided they are not less than 15 feet distant from any street, highway or alley right-of-way line, and not less than 50 feet distant from any residential property line.

23.4

DOUBLE FRONTAGE LOTS.

Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets unless otherwise established by plat or by ordinance, in which case only one required front yard need be provided.

23.5

SHARED YARDS PROHIBITED.

No part of a yard or other open space required about or in connection with any building for the purpose of complying with this ordinance shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

23.6

CORNER LOTS.

For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated in the appropriate zoning district area regulations.

23.7

TWO OR MORE ZONING DISTRICTS.

Where the frontage on one side of the street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage from one intersecting street to the other.

23.8

ESTABLISHED BUILDING LINE.

Where a building line has been established by plat or previous ordinance, and the line requires a front yard setback greater or lesser in depth than is prescribed by this ordinance for the district in which the building line is located, the required front yard shall comply with the building line established by the previous ordinance or plat.

23.9

MEASUREMENT.

The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace, or attached accessory building. Eave and roof extensions may project into the required front yard for a distance not to exceed twenty-four inches.

(Ordinance 2010-01-149 adopted 1/19/10)

§ 24 Accessory Buildings.

24.1

GENERAL PURPOSE AND DESCRIPTION.

An accessory building is a subordinate building detached from the main building, without sleeping areas or kitchen facilities not used for commercial purposes, not rented, and not occupied for human habitation, except as otherwise allowed by City ordinance. No accessory building shall be constructed until a main building exists on the lot.

24.2

ACCESSORY BUILDING REGULATIONS.

The following regulations shall govern the location, size and use of any accessory buildings, except for barns and farm buildings used for agricultural uses as defined in [Section 43.2]:

Maximum height: A single story with a maximum height of 12 feet measured from the average grade at a point three feet out from the slab to the lowest point of overhang on the roof.

No accessory building shall be erected in any required yard area, except for residential garages and carports as allowed in paragraphs C, D, and E below.

No accessory building shall be erected within ten feet of any other building, except detached residential garages may be located within five feet of the main dwelling; and the provisions of paragraph E below are met.

No detached residential garage or carport shall be erected or placed closer to any street than the minimum yard requirements (building setback line) governing the district in which such garage or carport is located.

No detached residential garage or carport shall be erected or placed within eight feet from any side lot line, nor in a dedicated easement.

Portable or storage buildings shall be not larger than 320 square feet of floor area, and a maximum height of 12 feet, and shall be metal, wood, stone, or masonry constructed; but shall not be of a metal commercial “kit” construction. A portable building less than 168 square feet may be of metal commercial “kit” construction and must be properly secured to prevent overturning with a method acceptable to the building official. No building may be located closer than five feet from any side or rear property line, no closer than five feet from a principal building, nor in a dedicated easement.

No accessory building shall be used for dwelling purposes other than by domestic servants employed on the premises, as stipulated in Section 11.2, Permitted Use Table.

Residential greenhouses for domestic use shall conform with the requirements of paragraph 5 [sic] of this subsection; however, such greenhouses shall not exceed a total aggregate floor area of 500 square feet.

(Ordinance 2010-01-149 adopted 1/19/10)

§ 25 Home Occupations.

The purpose of the home occupation provisions is to permit the conduct of home occupations which are compatible with the neighborhoods in which they are located.

25.1

REGULATIONS.

Home occupations are a permitted accessory use in all residential districts and are subject to the requirements of the district in which the use is located, in addition to the following;

Only the members of the immediate family occupying the dwelling shall be engaged in the home occupations.

The home occupation shall be conducted only within the enclosed area of the dwelling unit or the garage.

There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation.

No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.

No use shall create smoke, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.

The home occupation shall not create any greater vehicular traffic than normal for the district.

No signs of any kind shall be allowed on premises advertising a home occupation or service.

(Ordinance 2010-01-149 adopted 1/19/10)

§ 26 Temporary Uses and Special Events.

26.1

GENERALLY.

Certain temporary uses of land are essential to the full development and utilization of the land and are deemed to promote the health, safety, and general welfare of the City. The temporary uses and special events hereinafter enumerated shall not be deemed violations of this ordinance when conducted under the conditions herein provided.

26.2

PERMITTED TEMPORARY USES.

The permitted temporary uses, the conditions of use, the zoning districts wherein the same shall be permitted, and approvals required are as follows:

Construction Office.

Temporary field or construction offices and temporary building material storage areas to be used solely for on-premise construction purposes in connection with the property on which they are erected, or within the same platted subdivision may be permitted in all zoning districts when approved by the administrative official. The application for a temporary use permit shall include a scale drawing showing the location and size of the building(s), all outside storage areas, and proposed construction fencing. Such permit shall be issued for temporary buildings on construction sites for a period of six (6) months, with a renewal clause for a similar period. Such buildings must be removed within 30 days after substantial completion or abandonment of such new construction to which they are accessory, or upon the request of the administrative official or his/her designee.

Temporary Construction Dwelling.

An accessory building may be used as a temporary dwelling while the main/principal dwelling is being constructed. The time period for which the accessory building is used as a temporary dwelling shall not exceed six months. This period may be extended by an additional six months upon approval by the City Council upon recommendation by the Planning and Zoning Commission.

Temporary outdoor sales on properties zoned “C” and “M” by the existing occupants of existing businesses of such properties, may be permitted by the City enforcement officer for a period not to exceed 30 days upon the application and granting of a temporary use permit.

In no event shall such temporary uses be allowed for more than 30 consecutive days or more than once per year. All sales shall meet the special conditions, if any, imposed by the City enforcement officer and/or fire marshal for the protection of public interest and the welfare of the community.

No tent or similar structure shall be erected in any required setback or designated easement. Tents shall conform to the Uniform Fire Code and no tent shall be erected without first obtaining a permit. No outside use of property for sales will be allowed except by the existing occupants of the property. This includes parking of vehicles for a purpose other than conducting business on the premises.

The temporary outdoor sale of Christmas trees may be permitted on those properties zoned “C” and “M” for a period of 40 days prior to Christmas Day. The administrative official may issue a permit for such sale when it is found that there is available adequate off-street parking area, either improved or unimproved, as determined by the building official; and that location and layout of drives, parking areas, lighting, and sale signs will not constitute a hazard to public travel on the abutting public streets. Trees, stands, equipment, trash, signs, lighting and shelters shall be removed by the permit holder no later than January 4 following the Christmas holiday.

Carnivals and circuses may be allowed as a temporary use for a period not exceeding fourteen consecutive days. Such events shall be on a site in the “C” and “M” zoning districts. Adequate parking and sanitary facilities shall be made available to the satisfaction of the building official. No carnival or circus shall begin operation before 8:00 A.M. and operation shall cease before 11:00 P.M. on all nights except on Saturday when the event shall cease operation at midnight. The administrative official shall establish the terms and conditions for the temporary use at the time of approval. In the event that a sponsor is dissatisfied with the administrative official's decision, the sponsor may appeal the requested use to the City Council.

26.3

PERMITTED SPECIAL EVENTS.

For the purpose of this section, “Special Events” are defined as any activity or event meeting the following criteria:

The event of [or] activity is carried on for a period of time not exceeding three consecutive days;

No retail sales are conducted except those incidental to the primary activity such as refreshment and souvenir sales. Charitable and nonprofit organizations may conduct retail sales for fund-raising purposes in any zoning district;

Public assemblies carried on out-of-doors or in temporary shelters or tents.

26.4

CONTENTS OF APPLICATION.

An application for approval of a temporary use or special event shall include the following information:

Brief description of the event,

Exact location,

Expected attendance,

Anticipated number of automobiles and proposed methods of providing parking for the same,

Location and construction of any temporary signs to be used in connection with the event,

Exact dates of commencement and termination of the event,

Signed certification by the responsible party and the record owner of the land that all information provided is true and correct and that all schedules will be strictly adhered to.

A fee in accordance with the City of New Fairview fee schedule.

26.5

APPROVAL BY THE CITY COUNCIL.

Approval of a permit for a temporary use or special event must be approved by the City Council.

§ 27 Off-Street Parking and Loading Requirements.

Whenever any ordinance, regulation, or plan, enacted or adopted by the City Council is for the purpose of providing off-street automobile parking spaces or of establishing requirements that such spaces be provided within any section or sections of the City, then such plan or requirements shall govern within such sections. Otherwise off-street automobile parking spaces shall be provided as follows, applicable to buildings hereafter erected and uses hereafter established, to such nonconforming uses as may be required to conform to the regulations hereof, and to extensions and enlargements of buildings and uses.

27.1

PARKING TABLE.

Except as otherwise provided in this section, off-street parking spaces shall be provided as follows:

Schedule of Parking Requirements
Land Use	Requirements	Additional Requirements
Residential
Single-Family Detached Units	2/unit
Duplex	2/unit	None
Townhouse, Condominium, Duplex, Triplex, Quadruplex or Row	3/unit	None
Multi-Family	1.5/1 bed unit 2/2 bed unit 2.5/3 bed unit	None
HUD Code Manufactured Home	2/unit	None
Boarding or Rooming House, Hotel or Motel/Residence Motel or Inn	1/residential unit	1 additional space for 200 sq. ft. of Exhibit or Ballroom space, plus 1 space per 100 sq. ft. of Meeting Rooms, plus 1 space per 2.5 seats in Restaurant and Lounge
Retirement Housing: Ambulatory Independent Residents	1.5/unit	None
Retirement Housing: Nursing Home Facilities	1/2 beds	None
Dormitory	1.5/2 occupants for designed occupancy	None
Fraternity, Sorority, or Lodge	1/125 sq. ft.	None
Institutional
Community Center	1/4 persons	None
Schools:
Elementary	1/25 students	None
Junior High	1/18 students
Senior High	1/5 students
Trade	1/4 students
Public Assembly Hall	1/3 seats	None
College or University	1/4 day students	None
Church	1/3 seats in the sanctuary or auditorium	None
Day Care or Day Nursery	1/5 pupils	None
Hospital	1.5/bed	None
Mortuary or Funeral Home	1/4 seats in chapel	None
Recreational
Theater	1/4 seats	None
Bowling Alley	4/lane	None
Pool Hall, Arcade, Other Indoor Commercial Amusement	1/100 sq. ft. of floor area	None
Outdoor Commercial Amusement	1/500 sq. ft. of site area exclusive of building	None
Ballpark or Stadium	1/4 seats	None
Lodge or Fraternal Organization	1/125 sq. ft. of floor area	None
Driving Range	1/10 linear ft. of designated tee area	None
Miniature Golf	1/tee	None
Personal Service Shop	1/250 sq. ft. of floor area up to 5000 sq. ft., then 1/200 sq. ft.	None
Indoor Retail Store or Shop	1/250 sq. ft. of floor area up to 5000 sq. ft., then 1/200 sq. ft.	None
Outdoor Retail Sales	1/500 sq. ft. of site area, exclusive of building	None
Furniture, Appliance Sales or Repair	1/600 sq. ft. of floor area	None
Coin-Operated or Self-Service Laundry or Dry Cleaner	1/200 sq. ft. of floor area	None
Shopping Center, Malls & Multi-occupancy uses (3-50 acres)	1/250 sq. ft. of floor area	None
Shopping Centers, Mall and Multi-occupancy use (over 50 acres)	1/300 sq. ft. of floor area	None
Eating or Drinking Establishment (no drive-through service)	1/2.5 seats	None
Eating or Drinking Establishment (with drive-through service and all others)	1/150 sq. ft.	None
Business Services
Bank and Savings & Loan or Other Similar Institution	1/300 sq. ft. of floor area	None
Medical, Dental Clinic or Office	1/150 sq. ft. of floor area	None
Veterinary Clinic	1/300 sq. ft. of floor area	None
Other Office or Professional Business	1/250 sq. ft. of floor area	None
Automotive & Equipment
Service Station	Minimum of 6	None
Auto Repair Garage or Shop	1/350 sq. ft. of floor area	None
Auto Repair Accessory Sales	1/300 sq. ft. of floor area	None
Vehicle or Machinery Sales (indoors)	1/500 sq. ft. of floor area	None
Car Wash (full-serve)	3 stacking spaces/Wash Bay	None
Car Wash (self-serve or automatic)	3 stacking spaces/wash bay	None
Brick or Lumber Yard	1/3 employees or 1/1,000 sq. ft. of floor area (whichever results in more spaces)
Manufacturing or Warehousing	1/3 employees or 1/1,000 sq. ft. of floor area (whichever results in more spaces)
Outside Storage	1/5,000 sq. ft. of floor area	None
Mini-warehouse	1/3,000 sq. ft. of floor area	None

27.2

OFF-STREET LOADING REQUIREMENTS.

In the following cases all retail, office and service buildings shall provide and maintain off-street facilities for the loading and unloading of merchandise and goods within the building or on the lot adjacent to a public alley or private service drive to facilitate the movement of traffic on the public streets:

When deliveries are made by truck more than once a day between the hours of 8:00 a.m. and 6:00 p.m.

When the time of loading and unloading materials or goods exceeds ten (10) minutes between those hours

Individual loading space dimensions shall be required as a minimum to be thirty-five feet (35') in length, twelve feet (12') width with a height clearance of fifteen feet (15').

The number of off-street loading spaces shall be placed according to the following table:

Square Feet of Gross Floor Area in Structure	Maximum Required Spaces or Berths
0 to 10,000	None
10,000 to 50,000	1
50,000 to 100,000	2
100,000 to 200,000	3
Each additional 200,000	1 Additional

Mixed Use Buildings:

Where a building or a site contains two (2) or more uses, the off-street parking requirement shall be computed as the sum of the required off-street parking spaces for each individual use with the exception of shopping centers and multi-use purposes.

Drive Lane Widths and Parking Space Sizes:

Drive lanes and parking space sizes shall be required as shown in the following illustration. A driveway for access to any nonresidential, single parking space or to a parking lot shall not measure less than that shown in the parking layout illustration. All drive approach widths shall be no less than those indicated in the below graphic. All two-way drive lanes shall be a minimum of twenty-four (24) feet in width. Parking spaces shall be nine (9) feet wide by eighteen (18) feet deep for all ninety (90) degree parking spaces. Angled spaces shall be as shown in the graphic.

			Min. Aisle Width			Module Width
Parking Angle	Stall Width	Stall Depth	One-Way	Two-Way	Aisle Length Per Stall	One-Way	Two-Way
(A)	(B)	(C)	(D1)	(D2)	(E)	(F1)	(F2)
Parallel	8.0	8.0	12.0	18.0	22.0	28.0	34.0
45	9.0	19.1	12.0	24.0	12.7	50.2	62.2
60	9.0	20.1	18.0	24.0	10.4	58.2	64.2
90	9.0	18.0	24.0	24.0	9.0	60.0	60.0

On-Premise Parking Required:

All required commercial and residential parking spaces shall be located on the premises to which such requirement applies or within an off-street space of which the distance is not more than three hundred feet (300') from such premises.

Surface:

The surface of parking spaces and aisles, truck standing spaces, and access driveways therefor shall be treated, prepared and maintained for adequate drainage and the elimination of dust, dirt, and mud, according to City specifications.

Reduction:

In cases where the applicant can provide documentation that parking spaces exceed the amount necessary for the use and that a reasonable alteration of spaces may be provided. Said reduction shall not represent more than fifteen percent (15%) of the total required spaces and shall require a special exception from the Zoning Board of Adjustment.

Maintenance Requirements:

To insure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking area to maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the City inspector.

27.3

RESIDENTIAL OFF-STREET PARKING.

Purpose:

It is recognized that uncontrolled residential off-street parking, specifically in residential front yards, is a public nuisance. The purpose of this subsection is to provide for the regulation of residential off-street parking and to specify the requirements for residential off-street parking as they pertain to the appearance and the health, safety, and welfare of the City.

Surface:

Driveways may be constructed of concrete, asphalt, or crushed rock. The driveway and parking surface must be clearly delineated from the yard area.

Restrictions:

It shall be illegal for any person to park or to allow to be parked on any property under his control any automobile, bus, truck, motorcycle, boat or recreational vehicle on any portion of a front yard or side yard of any area which is zoned SF - Single-Family Residential under the Comprehensive Zoning Ordinance or in any Commercial or Industrial Zone Area being used for residential purposes, unless:

Said area is a part of a gravel driveway bordered by concrete curbing or similar permanent border; and

Said area is a part of a required hard-surface, all-weather driveway that provides access to a garage, carport or off-street parking area required by the Comprehensive Zoning Ordinance; or [sic]

Drive Width:

A driveway for access to any single parking space or to a parking lot shall not be less than twenty feet (20') in width, nor more than thirty feet (30') in width, at the property line along the street[.]

27.4

SPECIAL EVENTS AND OTHER ONE-TIME EVENTS.

“Special event” means a festival, celebration, performance or other such special event which occurs no more frequently than once per year, and which will or should be reasonably anticipated to attract patrons or visitors in such numbers as to exceed the capacity of the permanent parking spaces required and provided under other provisions of this section for the property upon which the special event is to be held. Events which are conducted more frequently than once per year are not considered “special events” under the provisions of this subsection and the property upon which these events are conducted must conform to the other provisions of this Article concerning parking requirements.

The persons or entities conducting any such special event shall submit to the administrative official at least forty-five (45) business days prior to said event a plan for the accommodation and parking of vehicles of persons reasonably expected to attend such event. The plan must include, at a minimum, the following information:

A description and the address of the premises where the event is to be held;

A description and the address of any property, other than the premises described in (a) above, where parking is to be provided for patrons or visitors to the event;

The name and address of the owner of the premises upon which parking for the event is to be provided, and a statement describing the terms and conditions of the agreement whereby the owner of such premises has authorized their use for parking;

The dates and times that the event is to be held;

The measures which will be taken by the persons or entities conducting the special event to ensure safe and orderly traffic flow to and from the event site and any parking area;

A plan or diagram of the proposed layout of the parking scheme upon the property to be used for parking for such event.

All parking for any such special event shall be provided off-street and on an area and surface reasonably anticipated to be dry and safe for vehicular and pedestrian traffic. No public property or rights-of-way may be utilized or included in such parking areas except upon express, prior written permission by the City Council.

Subject to the above requirements, the surface of such parking areas need not be paved or otherwise surfaced as required by the other provisions of this Article for permanent parking areas, but it must be suitable for the type and amount of vehicular and pedestrian traffic reasonably anticipated for the special event at issue.

Upon submittal of the required parking plan to the City, the administrative official shall review it and shall advise the applicants whether any changes or modifications to said plan will be required. The administrative official has the sole discretion to approve or reject, or require modifications to, any parking plan required hereunder. No vehicles may be parked in any location not otherwise allowed under other subsections of this section, in connection with any special event, unless and until the City Council has issued a written approval of the parking plan of the special event.

Such written permission may be revoked at any time by the City Council if it is found that false or misleading information was contained in the proposed parking plan.

(Ordinance 2010-01-149 adopted 1/19/10)

§ 28 Fencing and Screening.

28.1

PURPOSE.

The purpose of this section is to regulate the construction, erection, enlargement, alteration and maintenance of all fences and screening walls within the boundaries of the city in order to provide a practical safeguarding of life, health and property from hazards that may arise from improper construction of such installations.

28.2

PERMIT REQUIRED.

It is unlawful for any person to erect, construct, enlarge, alter or replace any fence regulated by this section or cause such work to be done without first obtaining a separate permit for each fence from the city.

To obtain a permit, the applicant shall first file an application in writing on a form furnished by the city.

Plans and other data deemed necessary by the city shall be submitted with each application.

All permits issued under this section shall comply with the requirement of the Uniform Building Code adopted by the city.

The fee for each permit shall be as set forth in the city's master fee schedule.

The permit fee to be paid pursuant to this section shall be waived if:

The permit is related to partial replacement of an existing fence;

The fence is located on a single-family residential lot/tract;

No more than fifty percent (50%) of the entire length of the fence (measured in linear feet) is being replaced (inclusive of all sides of the property on which the fence is located);

The permit is related to the replacement of a fence which was damaged in whole or in part by a natural occurrence due to weather or other natural occurrence. A permit fee may be waived in this instance, but a full permit is required to be submitted by the applicant and issued by the city;

The replacement fence will be installed at the same location on the property from where the old fence was removed;

No similar waiver of the permit fee has been granted for a partial fence replacement on the same lot/tract within the twelve (12) months prior to the date of the application for the permit for which the fee waiver is granted.

Cross fencing on property, when installed for agricultural purposes, as verified by the City Administrator or their designee.

Nothing in this subsection should be construed as waiving the requirement to obtain a permit for the fence replacement for which the permit fee has been waived.

28.3

INSPECTION AND MAINTENANCE.

When any fence is completed, it must be inspected to insure that all requirements of the permit have been met. The building official or designee shall be notified upon completion of the fence. All fences constructed under the provisions of this section shall be maintained so as to comply with the requirements of this section at all times. Fences shall be maintained by the owner or person in charge of the property in as near as possible the condition of such fence when installed and accepted as provided herein, and shall be maintained as follows:

Such fence shall not be out of vertical alignment more than twenty percent (20%).

All damaged or removed or missing portions of such fence shall be replaced with comparable materials of a comparable color to the remaining portion of such fence.

Where the permitted fence is chainlink, wood, or masonry, all damaged or missing parts shall be replaced or repaired.

28.4

MATERIALS.

Permitted materials.

Materials permitted for fences shall be of wood, masonry, decorative metal, wire in decorative sections bordered by wood framing, or ornamental wrought iron. In the commercial and industrial zoning districts, metal roofing material, or similar metal material may be used to enclose salvage yards, junkyards, scrap-metal yards, or other like land uses including storage areas for junk vehicles or parts thereof, provided the metal material is new, of a consistent type, and free from all surface defects.

Prohibited materials.

Materials prohibited to be used as fences in residential zoned districts include: barbed wire, razor ribbon, sheet metal, plastics including UL sunlight-resistant plastic, or any other similar material except as authorized in this section.

Exception.

Barbed wire is permitted in the following circumstances:

For any new fences to be permitted in rear and side yards in industrial zoned districts, and in residential districts that are at least one acre and not located within a Planned Development, when the following conditions are met: [sic]

Where the barbed wire fence is to be adjacent to any property in a residential zoning district which is developed with one or more dwellings, such fence shall not be constructed except after notification to the owner of the residential property and only upon review and approval by the planning and zoning commission. The owner of the adjacent property shall have an opportunity to present their comments and opinions to the Planning and Zoning Commission.

For any new fences to be permitted on property used for agricultural purposes in the agricultural zoning district; provided, however, that where the barbed wire fence is to be adjacent to any property in a residential zoning district which is developed with one or more dwellings, such fence shall not be constructed except after notification to the owner of the residential property and only upon review and approval by the planning and zoning commission. The owner of the adjacent property shall have an opportunity to present their comments and opinions to the Planning and Zoning Commission.

Wood Privacy Fences.

Wood fences must be designed and built with a bottom rail and a top cap in order to reduce warping of boards. Fence planks or panels must have at least a one (1) inch gap between the ground and the wood to prevent rotting and decay. All vertical posts must be two inch (2") minimum outside diameter standard pipe gauge metal. Vertical posts spacing shall be no greater than eight (8) feet on center or less and shall be set in concrete post footings. The minimum depth of concrete post footings shall be twenty-four (24) inches for fences that are six (6) feet in height and thirty-six (36) inches for fences that are eight (8) feet in height.

Board on Board Wood Fence with Cap and Metal Posts

Chainlink Fences.

Chainlink fences are required to have a top rail, bottom guide wire, and traditional chainlink hardware. A minimum 2.377-inch diameter corner post, footed in concrete, at least three (3) feet into the ground. A minimum 1.58-inch line/terminal post shall be used. Chainlink fence posts shall be spaced evenly not to exceed ten (10) feet. Chainlink fences are prohibited as external perimeter fencing around subdivisions and parcels, but may be utilized as internal fences between lots.

Chainlink Fence with Top Rail

28.5

PROHIBITED LOCATIONS.

Public property.

No fence or any part of such fence shall be constructed upon or caused to protrude over public property. All fences must be maintained in a plane so as not to overhang public property.

Sight obstructions.

No fence, berm, or natural screening such as trees or shrubs, shall be located within a street corner sight triangle. Where an alley and street intersect, a clear area formed by a ten-foot right triangle at the intersection of the right-of-way lines must be maintained so as not to cause danger to traffic by obstructing the view. Additional clear zones may be required by the building inspector.

28.6

ELECTRIC FENCES.

An electric fence for control of domestic animals within a residential district is permitted only when the lot is at least one (1) acre, and the fence is within another enclosure and inside such enclosure. The minimum separation between the electric fence and the outside enclosure shall be a minimum of six inches (6") and a maximum of twelve inches (12"). Such fence shall be of the pulse delivery type with a maximum amperage of twenty-five [mil.] (25 mil). The exterior enclosure shall have a sign on each side of the outside face or frontage of not less than one (1) sign per every two hundred-foot (200') interval warning of the electric fence.

Electrically charged above ground fences are allowed on property used for agricultural purposes in the agricultural zoning district; provided, however, that where the electric fence is to be adjacent to any property in a residential zoning district which is developed with one or more dwellings, such fence shall not be constructed except after notification to the owner of the residential property and only upon review and approval by the planning and zoning commission. The owner of the adjacent property shall have an opportunity to present their comments and opinions to the Planning and Zoning Commission.

28.7

HEIGHT MEASUREMENT.

All fence heights shall be measured vertically from the inside natural or mean grade elevation of the yard.

Determining Fence Height

28.8

RESIDENTIAL DISTRICTS.

For residential zoning districts, the following regulations shall apply:

Rear yard.

No fence shall be constructed at a height exceeding eight (8) feet along the rear property line.

Side yard.

No fence shall be constructed at a height exceeding eight (8) feet along any side property line.

Front yard.

No fence shall be constructed at a height exceeding four (4) feet in height, and no more than fifty percent (50%) of the fence elevation shall block the view through the fence, except that fences or walls two and one half (2-1/2) feet or less in height may block greater than fifty percent (50%) of the view through them.

On residential properties that are two (2) acres or greater in size, fences in the front yard may be constructed at a maximum height of six (6) feet, and no more than fifty percent (50%) of the fence elevation shall block the view through the fence.

Examples of acceptable types in minimum required front yards are wood split rail fences, wood or simulated wood picket fences, wrought iron fences with or without masonry columns, and low masonry walls.

Opacity of Fences

Gates.

All enclosed fences shall have a minimum of one gate for emergency ingress and egress. The minimum width shall be three (3) feet.

Any fence that is adjacent to a state highway or Farm to Market road must be constructed of natural materials (i.e. wood, decorative metal, barbed wire or ornamental wrought iron), and no more than fifty percent (50%) of the fence elevation shall block the view through the fence. Examples of acceptable types are wood split rail fences, wood picket fences, wrought iron fences with or without masonry columns.

28.9

NONRESIDENTIAL DISTRICTS.

For all nonresidential zoning districts, including the agricultural district, the following regulations shall apply:

Rear yard.

No fence shall be constructed at a height exceeding eight (8) feet along the rear property line.

Side yard.

No fence shall be constructed at a height exceeding eight (8) feet along the side property line.

Front yard.

No fence shall exceed eight (8) feet in height, and no more than fifty percent (50%) of the fence elevation shall block the view through the fence, except that fences or walls two and one half (2-1/2) feet or less in height may block greater than fifty percent (50%) of the view through them.

When a boundary of a nonresidential use sides or backs upon an "SF" Districts [sic], a solid screening wall or fence of not less than six (6) feet nor more than eight (8) feet in height shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual barrier between the properties.

Eight (8) Foot Masonry Screening Wall

The owner of such property of the lesser restrictive use shall be responsible for and shall build the required wall or fence on his property line dividing his property from the more restrictive zoning district.

Unless otherwise provided for herein, a screening wall or fence required under the provisions of this section shall be constructed of a permanent, solid material. Such wall or fence shall not contain openings constituting more than forty (40) square inches in each one square foot of wall or fence surface, and the surface of such wall or fence shall constitute a visual barrier. The fence or wall may be constructed of a combination of wood, masonry, decorative iron, or a combination thereof.

All wall or fence openings shall be equipped with gates compatible in height and screening characteristics to the wall or fence. In cases where City Council finds this requirement to be better met by a screen of living, irrigated plant materials, a landscape plan may be submitted in lieu of a screening wall. Such landscape screening must be no less than four (4) feet deep and must demonstrate screening characteristics equal to that of a masonry screening wall.

In cases where City Council finds this requirement better met by a decorative fence or a combination of decorative fence and masonry screening wall and/or living plant materials, the same may be submitted to the City for approval along with a landscape plan.

All required screening walls shall be equally finished on both sides of the wall.

All required screening elements shall be permanently maintained by the nonresidential property owner.

Solid waste containers and trash receptacles located on nonresidentially zoned property and on sites used for nonresidential purposes shall be located on a concrete pad constructed for that purpose. Said Solid waste containers and trash receptacles shall be screened on three (3) sides by a masonry wall and shall contain a solid self-latching gate. The masonry wall shall be of similar construction as the principal building. Nondecorative concrete block shall not be permitted. A screening device shall be erected alongside and rear property lines adjacent to residential districts. The screening device shall be a minimum height of eight (8) feet, unless otherwise approved by City Council.

Masonry Solid Waste Container Enclosure (With Gates)

28.10

TEMPORARY CONSTRUCTION SITE FENCING.

Temporary construction site fencing not exceeding eight feet in height shall be allowed without a permit to enclose the complete project or a partial area. No such fence erected under this section shall be erected in such position or placed so as to constitute a traffic hazard. Temporary construction fences must be removed prior to occupancy of any portion of the facility.

28.11

SWIMMING POOL AND STORMWATER DETENTION POND ENCLOSURES.

Every swimming pool and stormwater detention pond, or excavation designed or intended to ultimately become a swimming pool or stormwater detention pond, while under construction as well as after completion, shall be continuously protected by an enclosure surrounding the pool, pond, or excavated area in such a manner as to make such pool, pond, or excavated area reasonably inaccessible to small children or animals, subject to the following exceptions.

This provision shall not apply to:

Bodies of water other than swimming pools which are owned or controlled by the federal, state, county, or any agency, subdivision, or department thereof.

Bodies of water located in natural drainage ways.

Stormwater detention ponds that are designed with a bank angle not exceeding 3:1 and intended for dual use as an accessible open space or recreational area.

Agricultural ponds primarily used for the source of water for livestock or other agricultural uses.

In single-family residential occupancies, the pool enclosure may surround the entire single-family premises.

In multifamily residential occupancies, the pool enclosure may include the courtyard which surrounds the pool.

The required enclosure shall be a fence, wall, or building not less than four feet in height with openings limited in accordance with the adopted residential code or building code, as applicable.

Gates and doors opening directly into such enclosures shall be equipped with self-closing and self-latching devices designed to keep and capable of keeping such doors and gates securely closed, said latching device to be attached to the gate or door not less than thirty-six (36) inches above the grade or the floor. The doors of a building forming any part of the required enclosure need not be so equipped.

Swimming pools in existence on the effective date of this section shall be fenced in accordance with the requirements hereinabove set forth, and it shall be unlawful to maintain any swimming pool in the corporate limits of the city which is not protected by an enclosure in accordance with the requirements of this section.

All plans submitted to the city for swimming pools and stormwater detention ponds to be constructed shall show compliance with the requirements of this section, and the final inspection and approval of the completed facility shall be withheld until all requirements of this section have been complied with by the builder, developer, owner, purchaser under contract, lessee, tenant, or licensee.

28.12

HYDROCARBON WELLS.

Entrance Gate.

An entrance gate to the Drilling and Production Site shall be required and a sign identifying the entrance to the Drilling and Production Site or operation site shall be light reflective.

Fencing, Screening and Landscaping.

Fencing, buffering, landscaping and screening shall be required on Drilling and Production Sites. All required fencing shall be installed prior to the commencement of drilling operations. All required landscaping, buffering and screening shall be installed in accordance with the approved Landscape Plan within 180 days after initial drilling of the first approved well. Landscaping and screening shall also be required for Compressors.

All Drilling and Production Sites in Residential Districts shall be screened with an opaque decorative masonry fence that shall be no less than eight (8) feet in height.

In lieu of this requirement, an alternative fence that is compatible with the area surrounding the Drilling and Production Site may be approved by the City Administrator or their designee.

Fencing around Drilling and Production Sites shall be a minimum of eight (8) feet in height and shall remain locked at all times when no one is present. Knox Locks shall be made available for emergency access to all drilling and production sites. Permanent fences shall be chainlink type with metal slats or other approved material. For security purposes, all permanent fencing structures shall have a gate to allow visibility into the well site. Permanent fencing shall be installed within ninety (90) days of completion of final well or within one hundred eighty (180) days of drilling inactivity, whichever is less.

28.13

CONSTRUCTION AND ACCESS REQUIREMENTS IN EASEMENTS.

No fence shall be constructed within any drainage easement unless the city engineer shall have first determined and advised the building official, in writing, that such fence shall, in all probability, not interfere with or impair the natural flow of water across or through the drainage easement. The design of a fence may be altered to accommodate drainage considerations as determined by the city engineer.

A permit shall not be issued to construct a fence within any utility easement without the written approval of all affected utility entities. Gates or removable panels must be provided by and maintained by the property owner for the installation, repair, and replacement of lines by utility entities.

(Ordinance 2010-01-149 adopted 1/19/10; Ordinance 202212-01-101 adopted 1/3/2023)

§ 29 Landscaping.

29.1

PURPOSE.

It is the purpose of this section to establish certain regulations pertaining to landscaping within the City. These regulations provide standards and criteria for new landscaping and the retention of existing trees which are intended to:

Promote the value of property, enhance the welfare, and improve the physical appearance of the City;

Is the intent of this section to reduce the negative effects of glare, noise, erosion and sedimentation caused by expanses of impervious and un-vegetated surfaces within the urban environment; and

It is the intent of these landscape regulations to preserve and improve the natural and urban environment by recognizing that the use of landscaping elements and retention of existing trees can contribute to the processes of air purification, oxygen regeneration, groundwater recharge, abatement of noise, glare and heat, provision of habitats for wildlife, and enhance the overall beauty of the City of New Fairview.

These landscape regulations establish requirements in the “C” and “M” zoning districts[.]

Nonresidential uses located within the “A”, “SF”, and “MH” zoning districts, which consist of principal structures, parking areas, and signage, shall be required to comply with the requirements contained in this section.

29.2

LANDSCAPING DEFINITIONS.

Buffer Yard.

A buffer yard is a unit of land, together with a specified amount of planting thereon, and any structures which may be required between, land uses to eliminate or minimize conflicts between them.

Building Footprint.

The area of the building in contact with the ground.

Caliper.

Diameter of the trunk measured one foot (1') above ground level. Diameter of the trunk measured one foot (1') above ground level. [sic]

Canopy Trees.

A perennial woody plant [with] single or multiple trunks, contributing to the uppermost spreading branch layer of a forest and may be commonly referred to as shade trees.

Development.

The changing of the existing topography in order to promote the construction of structures or infrastructure to accommodate any improvements necessary to erect facilities for dwelling or commercial or industrial uses resulting in developed property. The changing of the existing topography in order to promote the construction of structures or infrastructure to accommodate any improvements necessary to erect facilities for dwelling or commercial or industrial uses resulting in developed property. [sic]

Enhanced Pavement.

Any permeable or non-permeable decorative pavement material intended for pedestrian or vehicular use. Enhanced pavement includes brick or stone pavers, grass pavers and stamped and stained concrete.

Ground Cover.

Low growing, dense spreading plants typically planted from containers.

Interior Lot Area.

The area of the lot remaining after subtracting out the area included in the buffer yards.

Landscape Architect.

A person registered as a Landscape Architect in the State of Texas pursuant to state law.

Landscape Area.

An area covered by natural grass, ground cover, or other natural plant materials.

Lawn Grasses.

Thin bladed surface growing plants typically planted from seed, sprigs, or plugs.

Licensed Irrigator.

A person duly licensed by the State of Texas to design and install irrigation systems.

Permeable Pavement.

A paving material that permits water penetration.

R.O.W. Parkway.

That area within the public right-of-way (R.O.W.) between the back of curb or edge of pavement and the right-of-way line.

Seasonal Color.

Landscape areas used for annual and perennial flowers intended to maintain year-round color accents.

Shrubs.

Plants that grow vertically in a multi-branched growth pattern.

Understory/Accent Trees.

Small evergreen or deciduous perennial woody plants, which would grow below the top layer of the forest and typically has unique branching, textural or seasonal color characteristics.

29.3

EVENTS CAUSING COMPLIANCE.

Land uses not previously subject to landscaping requirements may be required to comply with this section upon the occurrence of one of the following events:

A change in zoning;

Requirement of landscaping as conditions of a Specific Use Permit;

Issuance of a building permit; or

Loss of legal nonconforming status.

29.4

LANDSCAPING GENERALLY.

Landscape installation required

Twenty (20) percent of the total lot shall be required. Landscaping which includes the planting of new and the retention of existing shrubs, trees, and flowering plants, in addition to grass, may reduce the landscape requirement to 10 percent of the total lot area. Landscaping which consists of grass only will require 20 percent of the total area to be landscaped.

Twenty (20) percent of the total land area in any lot upon which development or construction occurs for any use after the effective date of this ordinance shall be landscaped in accordance with this section.

Where the construction is to be a single phase of a multi-phase development, only the area being constructed in the current phase need be subject to the landscape regulations. However, each phase will be required to meet the landscaping requirements as they are being developed.

Landscaping Plan Required

The landscape plan may be prepared by the applicant, or his/her designee. The landscape plan is not required to be prepared by a registered or certified professional.

A landscaping plan shall be submitted to the city for approval. The landscape plan may be submitted as a part of the site plan or as a separate submittal. However, a landscape plan meeting the requirements of this ordinance shall be provided and approved prior to the issuance of a building permit.

The landscape plan shall contain the following information:

Drawn to scale; Minimum scale of one inch equal 50 feet;

Location of all trees to be preserved, method of preservation during the construction phase of development shall be approved by the City Administrator or his/her designee.

Location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, or other landscape features;

Species of all plant material to be used;

Size of all plant material to be used;

Spacing of plant material where appropriate;

Layout and description of irrigation, sprinkler or water system, including placement of water sources;

Description of maintenance provisions of the landscape plan;

Persons responsible for the preparation of the landscape plan.

29.5

LOCATIONAL CRITERIA.

Not less than 40 percent of the total landscaping shall be located in the designated front yard.

In the “M” zoning district only the front yard 40 percent of the total 20 percent shall be required. The rear and side yard landscape requirements may be waived upon submittal of a landscape plan showing other requirements.

All landscape material shall comply with visibility requirements of the New Fairview Subdivision Regulations.

29.6

CREDITS TOWARD LANDSCAPING REQUIREMENTS.

Grass is an appropriate landscape material. However, a variety of plan material is recommended. Credits toward the landscaping requirements may be granted in the following manner:

Additional Enhancement Credit may be obtained by providing the following optional landscaping elements.

Landscape Area Credit
Landscape Element	Amount of Area Credit
For each 3-inch tree	200 sq. ft.
For each 6-inch tree	400 sq. ft.
For each existing 6-inch tree protected and kept	800 sq. ft.
For each one-gallon shrub	10 sq. ft.
For each five-gallon shrub	25 sq. ft.
For each sq. ft. of flowering beds	2.5 sq. ft.
For each sq. ft. of xeriscape area	5 sq. ft.
For each sq. ft. of landscaped R.O.W.	0.5 sq. ft.

In no instance shall the total amount of landscaping on a lot be reduced through credits by more than 50 percent of the landscaped area required by this ordinance.

Xeriscaped area shall be clearly located and detailed on the site plan. In addition, the xeriscape methodology shall be detailed on the site plan.

A flowering bed is any area where the soil has been specifically prepared for the planting of flowering plants. In addition in order to be considered for credit calculations, at least 80 percent of the prepared area must be covered with flowering plant material at the time of peak growth.

Caliper of trees is to be measured at a point 12 inches above top of ground.

In order to receive credit for protecting and keeping existing trees, the area within the dripline of the tree must be protected by fencing during grading and construction.

29.7

INSTALLATION AND MAINTENANCE.

All required landscaped area shall be permanently landscaped with living plant material, and shall have an irrigation system installed. Synthetic or artificial lawn or plant material shall not be used to satisfy the landscape requirements of this ordinance.

Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping.

All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Maintenance shall include mowing, watering, trimming, pruning, etc.

Plant materials which die shall be replaced with plant material of similar variety and size within 90 days period, with a one-time extension not exceeding 90 days being provided upon approval of the City Council.

29.8

LANDSCAPING OF PARKING LOTS.

It is the intent of these landscape regulations to encourage design and construction of parking areas so that in a manner whereby areas within the parking lot are landscaped as well as areas considered unusable for parking or maneuvering space are landscaped. The following minimum requirements shall be observed:

A minimum of 10 percent of the gross parking area shall be devoted to living plant material. Gross parking area shall be measured from the edge of the parking and/or driveway paving and sidewalks.

Landscaped areas within parking lots shall be located so as to best relieve the expanse of paving.

The placement of additional landscaped islands throughout the parking area in a manner which best relieve large expanses of paved area is encouraged.

Landscape material which is located within the interior of a parking lot shall be surrounded by a curb of four inches in height.

Landscaping within a parking lot shall not create a visibility obstruction. A visibility obstruction within a parking lot is defined as landscaping between 30 inches in height and seven feet in height. No shrubs shall exceed 30 inches in height. Tree canopies shall be at least seven feet in height.

For large existing trees located in the parking area, which is being retained and incorporated into the landscaping plan, an appropriate aeration system or an alternative method of protecting the tree must be provided and detailed in the landscape plan.

For each landscaped island of at least 10 feet by 20 feet located within a parking lot, credit for four parking spaces will be provided. Credit for parking spaces cannot reduce the overall parking requirement by more than 20 percent or to less than ten total spaces.

29.9

LANDSCAPING AS RELATED TO CERTIFICATE OF OCCUPANCY.

All landscaping shall be completed and installed in accordance with the approved landscape plan within 90 days of a certificate of occupancy being granted. A one-time extension not to exceed 90 days may be granted upon approval of the planning and zoning commission director of community development or his designee.

If these landscaping requirements have not been satisfied within the 90 days six month [sic] period from when the certificate of occupancy is issued, the property owner shall be considered in violation of this the zoning ordinance of the City of New Fairview, and shall be subject to the penalties established herein. A one-time extension not to exceed six (6) months may be granted upon approval of the City Council.

29.10

NONCONFORMING LANDSCAPING CONDITIONS.

Developments, structures, and uses that are in existence at the time of the adoption of this ordinance, which do not meet the landscape requirements provided herein, will be considered as being legal nonconforming. These nonconforming uses/structures will be subject to Section 33, Nonconforming Uses Lots and Structures of the New Fairview Zoning Ordinance, unless otherwise provided for in this section.

29.11

RELIEF FROM LANDSCAPING REQUIREMENTS.

Upon completion of the following, relief from landscaping requirements may be granted in situations where the individual circumstances, such as the presence of existing facilities or unusual topography, limit the applicant's ability to comply with the landscaping requirements of this ordinance:

The applicant shall provide the City Council with an alternative landscape plan for review and approval.

Said landscape plan will illustrate a plan to landscape area as available, provide for irrigation, and provide a phasing schedule for completing the plan.

The installation of landscaping as indicated by the landscape plan is completed and approved by the City.

29.12

APPROVED AND RECOMMENDED PLANT LIST.

Canopy Trees
Common Name	Scientific Name
Ash, Texas	Fraxinus texensis
Cedar Elm	Ulmus crassifolia
Cedar, Eastern Red	Juniperus virginiana
Cypress, Bald	Taxodium distichum
Elm*, Lace Bark	Ulmus parvifolia
Magnolia, Southern	Magnolia grandiflora
Maple, Bigtooth	Acer grandidentatum
Maple, Caddo	Acer saccharum
Oak, Bur	Quercus macrocarpa
Oak, Chinquapin	Quercus muhlenbergii
Oak, Escarpment Live	Quercus fusiformis
Oak, Lacey	Quercus glaucoides
Oak, Live	Quercus virginiana (Escarpment)
Oak, Post	Quercus stellata
Oak, Red	Quercus shumardi
Oak, Texas Red	Quercus texana
Osage Orange	Maclura pomifera (thornless and fruitless)
Pecan (native)	Carya illinoinensis
Pistache*, Chinese	Pistacia chinensis
Soapberry, Western	Sapindus drummondii
Walnut, Black	Juglans nigra

Ornamental Trees
Common Name	Scientific Name
Buckeye, Mexican	Ungnadia speciosa
Buckeye, Texas	Aesculus glabra var. arguta
Buckthorn, Carolina	Rhamnus caroliniana
Chaste Tree*	Vitex agnus-castus
Crabapple, Prairie	Pyrus ioensis
Crape Myrtle*	Lagerstroemia indica
Eve's Necklace	Sophora affinis
Goldenball Leadtree	Leucaena retusa
Hawthorne*	Crataegus phaenopyrum
Hawthorne*	Crataegus crus-galli
Hawthorne*	Crataegus reverchonii
Holly, Possumhaw	Ilex decidua
Indigo, False	Amorpha fruticosa var. angustifolia
Mountain Laurel, Texas	Sophora secundiflora
Persimmon, Texas	Diospyros texana
Plum, Mexican	Prunus mexicana
Redbud	Cercis canadensis
Smoketree	Cotinus obovatus
Smoketree*	Cotinus caggyria
Sumac, Prairie Flame-leaf	Rhus lanceolata
Viburnum, Rusty Blackhaw	Viburnum rufidulum
Wax Myrtle	Myrica cerifera
Willow, Desert	Chilopsis linearis
Yaupon Holly	Ilex vomitoria

Shrubs
Common Name	Scientific Name
Agarita	Berberis trifoliolata
Althea	Hibiscus syriacus
American Beautyberry	Callicarpa americana
Aspidistra	Aspidistra eliator
Barberry, Red	Berberis thunbergii
Barberry, Texas	Berberis thunbergii
Bayberry	Myrica pennsylvanica
Bird of Paradise	Caesalpinia gilliesii
Burning Bush	Euonymus alata compacta
Butterfly Bush	Buddleia sp.
Cactus, Prickly Pear	Opuntia phaceacantha
Cenizo	Leucophyllum frutescens
Chokeberry, Red	Aronia arbutifolia
Coralberry	Symphoricarpos obiculatus
Dogwood, Rough Leaf	Cornus drummondii
Eleagnus	Eleagnus macrophylla
Forsythia	Forsythia sp.
Germander, Upright	Teucrium chamaedrys
Holly, Dazzler	Ilex cornuta ‘Dazzler’
Holly, Dwarf Yaupon	Ilex vomitoria
Holly, Nellie R. Stevens	Ilex x ‘Nellie R. Stevens’
Honeysuckle, Bush	Lonicera fragrantissima
Hydrangea, Oakleaf	Hydrangea quercifolia
Hypericum, Upright	Hypericum patulum
Jasmine, Italian	Jasmine nudiflorum
Lantana	Lantana horrida
Mahonia, Leatherleaf	Mahonia bealeii
Mimosa, Fragrant	Mimosa borealis
Nandina, Compact	Nandina domestica compacta
Nandina, Gulfstream	N.d. ‘Gulfstream’
Nandina, Standard	N. domestica
Pavonia	Pavonia lasiopetala
Photinia, Chinese	Photinia serrulata
Privet, Southern River	Ligustrum vulgare
Privet, Variegated	Ligustrum lucidum ‘Variegata’
Quince, Flowering	Chaenomeles japonica
Sage, Cherry	Salvia greggii
Spiraea, Bridal Wreath	Spiraea sp.
Spiraea, Anthony Waterer	Spiraea x bumalda ‘Goldflame’
Spiraea, Goldfiame	Spiraea x bumalda ‘Goldflame’
Spiraea, Little Princess	Spiraea x bumalda ‘Little Princess’
Spiraea, Shirobana	Spiraea japonica ‘Shirobana’
Sumac, Aromatic	Rhus aromatica
Sumac, Evergreen	Rhus virens
Sumac, Smooth	Rhus glabra
Turk’s Cap	Malvaviscus drummondii
Viburnum, Cranberry Bush	Viburnum opulus
Viburnum, Small Leaf	Viburnum obavatum
Viburnum, Snowball	Viburnum opulus
Virginia Sweetspire	Ilea virginica
Wax Myrtle, Dwarf	Myrica pusilla
Yucca, Red	Hespenaloe parvifiora

An * indicates an approved street tree

(Ordinance 2010-01-149 adopted 1/19/10)

§ 30 Wireless Communication Facilities.

30.1

PURPOSE.

Certain radio equipment used in transmitting and receiving signal energy are essential and are deemed to promote the health, safety, and general welfare of the citizens of the City. The placement of such equipment shall be located such that the health, safety, welfare, and aesthetic quality of the community shall not be compromised. Therefore the regulations governing the location of such equipment shall consider the aesthetic quality of the community equal to the health, safety, and general welfare of the community. The antennas, masts, and towers hereinafter enumerated shall not be deemed violations of this ordinance when made under the conditions herein provided.

30.2

DEFINITIONS.

See Section 43.3 - Wireless Communications Facilities Definitions.

30.3

RESIDENTIALLY ZONED DISTRICTS - AMATEUR RADIO EQUIPMENT AND TV ANTENNAS.

Amateur radio equipment, including ham radio and CB equipment and personal use TV antennas, shall be allowed in the A and SF zoning districts if they comply with the following regulations:

Antenna facilities may be building attached, monopoles, or lattice towers;

Up to 3 antenna facilities may be located on a lot of record, co-location is encouraged;

An antenna facility, with the exception of ham radio, exclusive of the height of any antenna or mast, shall not exceed thirty-five (35) feet in height. Provided, however, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of an accessory building in the zoning district regulations contained in Section 24, Accessory Buildings. Regardless of the above, the maximum height for a tower permitted without a Special Exception in any residential district shall be 65 feet;

The height of an antenna, including the height of any antenna facility to which they may be fastened or attached shall not exceed 65 feet in height without a Special Exception.

An antenna not fastened to a antenna facility shall not exceed 50 feet without a Special Exception, except for an antenna which does not extend more than eight feet above a building on which it is mounted;

A antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer's designs and specifications for maximum wind load requirements;

Setbacks:

Antennas and antenna facilities shall not be permitted in front or side yards. Guy wires are not permitted in front yards;

Guy wires are permitted in required side and rear yards;

Setback for antenna facilities shall be the same as is required for accessory buildings in residential districts;

Separation:

There shall be no minimum or maximum separation requirements for antenna facilities from other structures on the same lot of record;

Antenna facilities shall not be permitted in any easement;

Lights:

No auxiliary or outdoor lighting shall be allowed on antenna facilities located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Authority or the Federal Communications Commission;

Construction standards:

A building permit must be obtained prior to the construction and/or installation of an antenna facility. Antenna facilities must be installed as per the manufacturer's recommendations or under the seal of a registered professional engineer of the State of Texas. Regardless of the above, all such antenna facilities must meet the Electronic Industries Association Standard EIA-222-D, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and the Building Code;

Maintenance:

Antennas and/or antenna facilities obviously not in use or obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property, and public welfare;

No part of an antenna facility or any attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility;

No permit shall be issued for the installation of an antenna facility on a multi-family structure or property unless a notarized statement of permission from the owner is presented to the building department;

All antenna facilities shall be subject to an inspection every five years by a qualified expert, such inspection to be conducted and charged for by the City in accordance with provisions in the building code;

A Special Exception must be obtained in the residential zoning districts for any antenna facility which does not comply with the regulations specified hereinabove.

30.4

NONRESIDENTIAL DISTRICTS.

Radio, television, microwave broadcast relay, receiving towers, transmission and re-transmission facilities, satellite receiving only earth stations (home dish antenna), and any electronic emission equipment of a commercial nature shall be allowed in the nonresidential zoning districts if it complies with the following regulations:

Up to 3 antenna facilities may be located on a lot of record, co-location is encouraged;

Antenna facilities shall be limited to building attached and monopoles only;

An antenna facility, exclusive of the height of any attached antenna, shall not exceed 35 feet in height. Provided, however, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of a accessory building in the zoning district regulations herein. Regardless of the above, the maximum height for an antenna facility permitted without a Special Exception in any nonresidential district shall be 65 feet;

With the exception of stealth facilities, the height of an antenna, including the height of any antenna facility to which they may be fastened or attached, shall not exceed 65 feet in height without a Special Exception;

With the exception of stealth facilities, an antenna shall not extend more than eight feet above a building on which it is attached;

An antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer's designs and specifications for maximum wind load requirements;

Setbacks:

With the exception of stealth facilities, antennas and antenna facilities shall not be permitted in front or side yards;

Antenna facilities shall not be permitted in any easement;

Lights:

No auxiliary or outdoor lighting shall be allowed on antennas located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Authority or the Federal Communications Commission;

Construction standards:

A building permit must be obtained prior to the construction and/or installation of a tower, antenna, or mast. Antenna facilities must be installed as per the manufacturer's recommendations or under the seal of a registered professional engineer of the State of Texas. Regardless of the above, all such antenna facilities and antennas must meet the Electronic Industries Association Standard EIA-222-D, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and the Building Code;

Maintenance:

Antenna facilities and antennas obviously not in use or obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the Building Official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property, and public welfare;

No part of an antenna facility and antennas or any attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility;

No permit shall be issued for the installation of an antenna or antenna facility on a multi-family structure or property unless a notarized statement of permission from the owner is presented to the building department;

All antennas, or antenna facilities shall be subject to an inspection every five years by a qualified expert, such inspection to be conducted and charged for by the City in accordance with provisions in the Building Code;

A Specific use permit must be obtained in nonresidential zoning districts for any antenna or tower which does not comply with the regulations specified hereinabove.

Stealth facilities, which meet the definition of stealth as provided in Section 43.3, Wireless Communications Facilities Definitions shall be exempt from the height and location requirements of this section. In addition, the City Administrator or his designee shall be the final authority as to whether or not any facility meets the definition of “stealth”.

30.5

WRITTEN REPORT UPON DENIAL OF REQUEST.

The City of New Fairview shall document any denial of a request to place, construct, or modify personal wireless service facilities in writing. Such documentation shall be supported by substantial evidence within the written record.

30.6

SATELLITE RECEIVE-ONLY ANTENNAS GENERALLY.

Satellite receive-only antennas assist individuals in the receipt of satellite transmitted television signals. Satellite receive-only antennas shall not be deemed violations of this ordinance when made under the conditions herein provided. Such conditions are hereby found to be reasonable and clearly defined health, safety and aesthetic objectives.

30.7

SATELLITE RECEIVE-ONLY ANTENNAS.

A satellite receive-only antenna shall be allowed if it complies with the following:

The satellite receive-only antenna is two meters or less in diameter and is located or proposed to be located in any area where commercial or industrial uses are generally permitted by non federal land use regulations or;

The satellite receive-only antenna is less than one meter in diameter in any residential zoning district.

30.8

LARGE SATELLITE RECEIVE-ONLY ANTENNAS.

Satellite receive-only antennas that are greater than one meter in diameter in residential districts or greater than two meters in diameter in nonresidential districts shall be allowed in any zoning district if they comply with the following regulations:

Only one satellite receive-only antenna per lot of record;

A satellite receive-only antenna shall not exceed ten feet in height;

Setbacks:

Front and side:

Satellite receive-only antennas shall not be permitted in front or side yards;

Rear:

Satellite receive-only antennas shall be permitted in rear yards provided they meet the minimum setback as is required for accessory buildings in residential districts and as for all buildings in nonresidential districts;

Separation:

There shall be no minimum or maximum separation requirements for satellite receive-only antennas from other structures on the same lot of record;

Satellite receive-only antennas shall not be permitted in easements;

Lights:

No auxiliary or outdoor lighting shall be allowed on satellite receive-only antennas except such lights or lighting as may be required by the Federal Aviation Authority or the Federal Communications Commission;

Construction standards:

A building permit must be obtained prior to the construction and/or installation of a satellite receive-only antenna. Satellite receive-only antennas must be installed as per the manufacturer's recommendations or under the seal of a registered professional engineer of the State of Texas;

Maintenance:

Satellite receive-only antennas obviously not in use or obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property, and public welfare;

No part of a satellite receive-only antenna or any attachment thereto may extend beyond the property lines of the owner of such satellite receive-only antenna;

No permit shall be issued for the installation of a satellite receive-only antenna on a multi-family structure or property unless a notarized statement of permission from the owner is presented to the Building Department;

All satellite receive-only antennas shall be screened from view from adjoining properties by fencing or evergreen plants. A satellite receive-only antenna located within a fence surrounding the yard in which the satellite receive-only antenna is located shall be considered to be screened;

A Special Exception must be obtained for any satellite receive-only antenna which does not comply with the regulations specified hereinabove.

30.9

SPECIAL EXCEPTION.

A Special Exception must be obtained for any antenna, tower, and/or satellite receive-only antenna which does not comply with the regulations specified in this section, hereinabove. In considering whether to grant a Special Exception from the regulations specified above, the following shall be considered:

The effect on the value of the surrounding property;

The potential for interference with the enjoyment of the use of surrounding properties;

Aesthetics;

The necessity of the Special Exception for the public health, safety, and welfare of the citizens or for governmental purposes;

The zoning district and the adjoining zoning districts of the property for which the Special Exception is sought;

The provisions of 47 C.F.R. section 25.104 which preempt local zoning or other regulations that differentiate between satellite receive-only antennas and other types of antenna facilities unless such regulations:

Have a clearly defined health, safety or aesthetic objective; and

Further the stated health, safety, or aesthetic objective without unnecessarily burdening the federal interest in ensuring access to satellite services and in promoting fair and effective competition among competing communications service providers;

The unique conditions that govern reasonable reception on any given lot;

To properly evaluate all applications to locate commercial antennas or towers which do not comply with the regulations specified hereinabove the following information must be provided by the applicant:

Describe the nature of the antenna site. Indicate whether the proposed structure is a monopole or mounted to a self-supporting structure. Indicate the proposed height;

Provide photos or drawings of all equipment, structures and antenna;

Describe why the antenna or tower is necessary;

State the name(s) of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user;

Indicate if this antenna or tower site is to be connected to other sites; and if so, describe how it will be connected and who will be the backhaul provider;

The applicant must address whether or not they have made an effort to co-locate the facilities proposed for this antenna or tower on existing towers or facilities in the same general area. Please identify the location of these existing sites. If yes, please describe in detail these efforts and explain in detail why these existing sites were not feasible. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage. Provide written documentation from existing sites' owners and/or operators which confirm the statements provided. Indicate whether or not the existing sites allow/promote co-location and, if not, describe why not;

Indicate whether or not co-location will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis for each reason;

If the requested location is in a residential district the applicant must address whether or not they have made an effort to locate the facility in a commercial or industrial district. Please identify the location of these commercial and/or industrial district sites. Please describe in detail these efforts and explain in detail why these commercial or industrial district sites were not feasible. Attach all studies or tests performed which demonstrate why the commercial or industrial sites will not provide sufficient signal coverage. Provide written documentation from commercial or industrial district sites' owners and/or operators which confirm the statements provided;

Indicate the proposed provider's current coverage area for the City. Attach maps showing the areas the proposed provider's existing antenna currently cover, the areas the applicant's existing sites and other existing sites would cover, and the areas the applicant's existing sites and the requested site would cover.

Describe the applicant's master antenna and tower plan for the City. Attach maps and other related documentation. Provide information indicating each phase of the plan.

Describe the applicant's plan to minimize the number of telecommunications antenna and towers needed to cover the City.

The City Council will approve a requested application subject to the finding that co-location of this facility with a nearby existing tower facility is technically not feasible and subject to the following conditions:

Applicant will permit co-location of others at the site;

Applicant will configure its antenna and other equipment to accommodate other providers;

Applicant will identify its backhaul provider connecting antenna sites; and

Applicant will give notice to the City identifying any providers who co-locates to the site and identify their backhaul provider.

(Ordinance 2010-01-149 adopted 1/19/10)

§ 31 Outdoor Lighting.

31.1

APPLICABILITY.

All outdoor electrically powered illuminating devices shall be installed in conformance with the provisions of this section, the Building Code and the Electrical Code as applicable and under appropriate permit and inspection. These lighting standards shall apply to all nonresidential uses in the City. Unless otherwise stated, this section does not regulate lighting in public road rights-of-way.

31.2

OUTDOOR LIGHTING PLAN.

An Outdoor Lighting Plan must be submitted separately from any required site plan or landscape plan on all public or private properties, including rights-of-way, public easements, franchises and utility easements for approval by the Administrative Official. An Outdoor Lighting Plan shall be submitted prior to issuing a building permit. Plans shall include the following:

A layout of the proposed fixture locations.

The light source.

The luminous area for each proposed light source with proposed footcandle measurements.

The type and height of the light fixture or light source above grade.

The type of illumination.

31.3

GENERAL LIGHTING REQUIREMENTS.

Unless otherwise provided herein, illumination, where required by this section, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as from time to time amended.

Unless otherwise provided herein, all building lighting for security or aesthetics will be fully-shielded type, not allowing any upward distribution of light. Wallpack type fixtures are acceptable only if they are fully shielded with 80° cut-off.

No use or operation in any district shall be located or conducted so as to produce glare, or either direct or indirect illumination across the bounding property line from a source of illumination into a residentially zoned property, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. For the purposes of this section, a nuisance shall be defined as more that [than] one-tenth (0.10) of one footcandle of light measured at the residential property line and twenty-five hundredths (0.25) of one footcandle at any adjoining nonresidential property line.

Shielding shall be required in all outdoor lighting installations as specified below.

Lamp type	Shielding
Low Pressure Sodium (LPS)	Fully Shielded, with 80° cut-off
High Pressure Sodium (HPS)	Fully Shielded, with 80° cut-off
Metal Halide	Fully Shielded, with 80° cut-off
Halogen	Fully Shielded, with 80° cut-off
Mercury Vapor	Fully Shielded, with 80° cut-off
Fluorescent	Fully Shielded, with 80° cut-off
Incandescent	Fully Shielded, with 80° cut-off
Any light source 50 watts and under	Unshielded, Permitted
Low intensity Neon, Krypton or Argon Discharge Tubes	Unshielded, Permitted

31.4

ILLUMINATION.

Measurement:

Illumination levels of outdoor lighting shall be measured by a qualified professional according to generally accepted IESNA methods.

Computation of Illumination:

Illumination at a point may be computed in lieu of measurement. Computation methods shall consist of a generally accepted IESNA method, using certified photometric data furnished by the fixture manufacturer, lamp manufacturer, photometric laboratory, or other reliable authority satisfactory to the City. Computations shall be based on new, properly seasoned lamps, diffusers and other appurtenances in place, and with proper regard taken for mounting height, relative elevation, natural and man-made objects.

Limitations on Neighboring Property.

The limit of illumination on neighboring property from an establishment shall be by zoning of the neighboring property. Maximum computed or measured footcandles at the neighboring property line shall not exceed:

Measurement: Illumination levels of outdoor lighting shall be measured by a qualified professional
Land Use Type	Horizontal Footcandles
Single-family districts	0.25
Nonresidential districts	2.25

31.5

NONRESIDENTIAL LIGHTING PARAMETERS.

All non-essential lighting shall be turned off after business hours, leaving only necessary lighting for site security in nonresidential districts.

Floodlights, accent, aesthetic and security lights must be fully shielded and no uplighting shall be permitted except that lighting of 75 watts or less are excepted if necessary for security purposes.

Parking lots and vehicle movement areas shall not exceed a maximum illumination value of 10 footcandles nor have a minimum illumination value of less than 1.0 footcandles. Lamps in decorative lantern type fixtures shall not exceed a maximum of 100 watts. Total pole and fixture height shall not exceed a maximum of 32 feet, measured from grade at the base. Taller poles may be considered in some situations upon approval of a Special Exception by the Board of Adjustments.

Display, building and aesthetic lighting must be externally lit from the top and shine downward. The lighting must be fully shielded to prevent direct glare and/or light trespass. The lighting must also be substantially contained to the target area.

009A Nonresidential lighting parameters.tif

31.6

PUBLIC AND SEMI-PUBLIC RECREATIONAL FACILITIES.

Any illumination level exceeding a maximum of twenty (20) footcandles must receive prior approval by the Board of Adjustments by means of a Special Exception.

All fixtures used for event lighting shall be fully shielded, or be designed or provided with sharp cut-off capability, so as to minimize up-light, spill-light, and glare.

All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented concluding before 11:00 p.m.

31.7

PROHIBITED LIGHTING ELEMENTS.

Unless otherwise authorized, the following shall be prohibited, except upon prior approval of a Special Exception by the Board of Adjustments.

Laser Source Light.

The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited.

Searchlights:

The operation of searchlights for advertising purposes is prohibited.

31.8

EXEMPTIONS.

All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular luminaries.

All hazard warning luminaries required by Federal regulatory agencies are exempt from the requirements of this section, except that all luminaries used must be red and must be shown to be as close as possible to the Federally required minimum lumen output requirement for the specific task.

Any luminaire of 75 watts or less provided the accumulated illumination of 50 watt luminaries does not exceed 75 watts.

Seasonal decorative lighting.

Uplighting of any City of New Fairview, State of Texas or United States of America flag.

31.9

TEMPORARY EXEMPTIONS.

Upon approval by the Administrative Official, temporary exemptions from the requirements of this section may be granted for a period not to exceed 30 days may be approved.

Any person may submit a written request, on a form prepared by the City for a temporary exemption request. The request shall contain the following information:

Specific exemption(s) requested;

Type/use of outdoor lighting fixture involved;

Duration of time requested;

Type of lamp and calculated footcandles;

Total wattage of lamp(s);

Proposed location of fixtures;

Previous temporary exemption requests;

Physical size of fixtures and type of shielding provided; and

Such other data or information as may be required by the Administrative Official.

Requests for renewal of exemptions shall be processed in the same way as the original request. Each renewal shall be valid for not more than fourteen (14) days or a time period designated by the Administrative Official.

Approval for temporary exemptions will be based on the effect of location and use of outdoor lighting fixture.

31.10

NONCONFORMING LIGHTING.

All luminaries lawfully in place prior to the date of the Ordinance shall be considered as having legal nonconforming status. However, any luminaire that replaces a legal nonconforming luminaire, or any legal nonconforming luminaire that is moved, must meet the standards of this section.

(Ordinance 2010-01-149 adopted 1/19/10)

§ 32 Cargo Containers.

32.1

PURPOSE.

It is recognized that uncontrolled storage and placement of cargo containers may detract from the value of adjacent property, discourage commerce, and negatively impact the aesthetic quality of nonresidential property and adjacent residential property. The purpose of this section is to provide for regulations that protect the value of property and enhance the appearance, health, safety, and welfare of the City.

32.2

GENERAL REGULATIONS.

Cargo containers in residential districts may be permitted for a period of 30 days. The 30-day period may be extended for an additional 30 days upon approval of a Special Exception by the Board of Adjustment. Residential parcels that exceed two (2) acres shall be exempt from these regulations.

Only one cargo container shall be permitted on any site in the “SF” and “MH” districts.

Cargo containers located in all zoning districts shall be located on an all-weather, dust-free surface approved by the Administrative Official.

Cargo containers located in the “SF”, and “MH” zoning districts shall not exceed sixteen (16) feet in length, eight (8) feet in width, and eight and one-half (8.5) feet in height.

Cargo containers shall be permitted in the all zoning district and shall not exceed two cargo containers on any site at any time, unless otherwise provided by this ordinance. All other applicable regulations contained herein shall apply.

Cargo containers shall not be stacked in any zoning district with the exception of the I, Industrial zoning district and shall not be stacked higher than two containers in such district.

Cargo containers shall not occupy any required off-street parking spaces, vehicular access, pedestrian facilities or landscape areas for the site.

Cargo containers shall be placed in a location that minimizes visual impact from surrounding streets and properties. For any site containing more than four cargo containers, a location plan shall be submitted and approved by the Administrative Official prior to locating the cargo containers on site. At such time all cargo containers shall be subject to the location plan.

Any cargo container located within one hundred (100) feet of a residential zoning district shall be no greater in size than ten (10) feet in width, twenty (20) feet in depth, and eight and a half (8.5) feet in height. And no cargo container may be stacked within 100 feet of a residential district.

Cargo containers shall not be used for a primary use without obtaining a Conditional Use Permit. Such Conditional Use Permit shall be accompanied with a detailed site plan of the entire site and must be approved by the City Council upon recommendation by the Planning and Zoning Commission.

Cargo containers located in any nonresidential zoning district shall not exceed a size of ten (10) feet in height, ten (10) feet in width, and thirty (30) feet in length, unless approved by the City Council upon recommendation of the Planning and Zoning Commission.

Areas utilized by cargo containers shall be included in the square foot requirement as a storage use and shall be considered in making the required parking calculations as set forth in Section 27, Off-Street Parking and Loading Requirements.

The number of cargo containers allowed in the “C” and “M” zoning districts, shall be determined by the total aggregate square foot of principal buildings according to the following rate:

0 to 35,000 sq. ft. of principal building	=	one cargo container
35,001 sq. ft. - 70,000 sq. ft.	=	two cargo containers
70,001 sq. ft. - 105,000 sq. ft.	=	three cargo containers
105,001 sq. ft. - 140,000 sq. ft.	=	four cargo containers
140,001 sq. ft. - 175,000 sq. ft.	=	five cargo containers
175,501 sq. ft. - 210,000 sq. ft.	=	six cargo containers
over 210,100 sq. ft.	=	number approved by the City Council

Cargo containers located within the “M” zoning district may exceed the above-listed numbers upon approval of a Special Exception by the [sic]

Board of Adjustment with a detailed site plan showing the proposed location and number of cargo containers.

Cargo containers shall not be allowed to be stored [on] public streets.

(Ordinance 2010-01-149 adopted 1/19/10)

§ 33 Nonconforming Uses, Lots, and Structures.

33.1

CATEGORIES OF NONCONFORMITIES.

Within the districts established by this ordinance, or amendments that may later be adopted, there exist

Lots and uses of land,

Buildings and structures,

Uses of land and buildings in combination, and

Characteristics of use which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments. It is the intent of this ordinance to permit these nonconformities to continue under regulations contained herein until they are removed, but not to encourage their survival. It is further the intent of this ordinance that such nonconformities shall not be enlarged upon, expanded or extended, nor be used as ground for adding other buildings and structures or uses prohibited elsewhere in the same district.

33.2

NONCONFORMING USES REGULATED.

Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. No nonconforming use of land or buildings, nor any nonconforming structure shall be enlarged, changed, altered, or repaired except in conformance with the regulations contained in this section.

33.3

NONCONFORMING STATUS.

Any use, lot, or structure which does not conform to the regulations of the zoning district in which it is located, is nonconforming when:

The use, lot, or structure was in existence and lawfully operating on the date of the passage of this ordinance, and has since been in regular and continuous use; or

The use, lot, or structure is lawful at the time of the adoption of any amendment to this ordinance, but because of the amendment, no longer complies with applicable regulations; or

The use, lot, or structure was in existence at the time of annexation to the City and has since been in regular and continuous use.

33.4

NONCONFORMING LOTS OF RECORD.

In any district in which residential, commercial, or industrial buildings are permitted, buildings may be erected on any single lot of record, or multiple lots of contiguous street frontage in the same ownership, which were recorded prior to the effective date of this ordinance. This provision shall apply even though such lot or lots fail to meet the minimum requirements for area, width, or both, as governed by the applicable area regulations for that particular zoning district; however, all other provisions of the applicable zoning district area regulations shall apply. Any required variances shall be obtained only through the Zoning Board of Adjustment.

33.5

NONCONFORMING USES OF LAND.

Where at the time of passage of this ordinance lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, the use may be continued so long as it remains otherwise lawful, provided:

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance.

No such nonconforming use shall be moved, in whole or in part, to any portion of the same lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this ordinance.

If any such nonconforming use of land is deemed to be abandoned for any reason for a period of more than 6 months, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

33.6

NONCONFORMING BUILDINGS.

Where a lawful building exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the building, such building may be continued so long as it remains otherwise lawful, subject to the following provisions:

No such nonconforming building may be enlarged or altered in a way which increases its nonconformity, but any building or portion thereof may be altered to decrease its nonconformity or to comply with City building codes.

Should such nonconforming building or nonconforming portion of a building be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance, or when approved by the Zoning Board of Adjustment, after public hearing thereon, when the Board's findings, having due regard for the property rights of persons affected, were considered in the light of public welfare and the character of the area surrounding the nonconforming building and the conservation and protection of property.

Should such building be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

33.7

NONCONFORMING USES OF BUILDINGS.

If lawful use involving individual buildings exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in a particular district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

No existing building devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the building to a use permitted in the district in which it is located, or to comply with City building codes.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building.

If no structural alterations are made, except as required by the City's building codes, any nonconforming use of a building, or building and premises, may be changed to another nonconforming use provided that the zoning board of adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the zoning board of adjustment may require appropriate conditions and safeguards in accord with the provisions of this ordinance.

Any building in which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

When a nonconforming use of a building is discontinued or abandoned for six consecutive months, the building shall not thereafter be used except in conformity with the regulations of the district in which it is located.

Where nonconforming use status applied to a building and premises in combination, removal or destruction of the building shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at time of destruction.

Where nonconforming use status applies to a conforming building, such use shall be immediately terminated upon transfer to another ownership or lease.

33.8

REPAIRS, AND MAINTENANCE.

On any nonconforming building or portion of a building containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 50 percent of the current replacement cost of the nonconforming building or nonconforming portion of the building, as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

If a nonconforming building or portion of a building containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized City official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

33.9

NONCONFORMING USES DISCONTINUED.

A nonconforming use of any building or structure which has been discontinued shall not thereafter be returned to any nonconforming use. A nonconforming use shall be considered discontinued when:

It has been replaced with a conforming use; or

Such building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six months, or the equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced within such six month period; or

The intention of the owner to permanently discontinue the use is apparent.

33.10

CHANGES THAT LESSEN NONCONFORMITY.

Changing to a more restricted or less intensive nonconforming use that lessens the extent of the original nonconformity may be permitted by the Zoning Board of Adjustment.

33.11

CERTIFICATE OF OCCUPANCY.

No nonconforming building or use shall be maintained, renewed, changed or extended until a certificate of occupancy shall have been issued by the administrative official. The certificate of occupancy shall state specifically wherein the nonconforming use differs from the provisions of this ordinance, provided that upon enactment or amendment of this ordinance, owners or occupants of nonconforming uses or buildings shall have three months to apply for certificates of occupancy. Failure to make such application within three months shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of this ordinance.

(Ordinance 2010-01-149 adopted 1/19/10)