City of Lancaster, TX ARTICLE 4.00 PERMISSIBLE USES

§ 4.01 Land Use Schedule.

(a) 

Use of Land and Buildings.

Buildings, structures and land shall be used only in accordance with the uses permitted in the following "Land Use Schedule," subject to all other applicable requirements of this ordinance including Article 5.00, Zoning District Development Standards.

(1) The symbol "P" shall mean that the use is permitted as a principal use in that zoning district by right.

(2) The symbol "S" shall mean that the principal use is permitted in that zoning district only after first obtaining a "Specific Use Permit" as set forth in this Article.

(3) The Symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use in the district. This does not exclude other land uses which are generally considered ancillary to the primary use.

(4) The Symbol "+" shall mean that this use is conditional and has special standards or requirements listed in this section [this article], which it must meet in order to be allowed.

(5) A blank square shall mean that the use is not allowed in that zoning district as a principal use.

Table 1. Land Use Tables

P = Permitted

A = Accessory Use

S = SUP

"+" = Permitted with Conditions

Ag.	Residential										Permitted Uses	Commercial					Industrial
AO	SF-E	SF-2	SF-4	SF-5	SF-6	ZL-7	2F-6	TH-16	MF-16	MH		NS	R	CH	CS	TC	ORT	LI	MI
											Rural & Animal-Related
P											Agricultural Building
P	P	P	P	P	P	P	P	P	P	P	Agricultural Uses on Unplatted Land	P	P	P	P		P	P	P
S	S										Animal Boarding/ Kennel with Outside Pens
P	S										Animal Boarding/ Kennel without Outside Pens	S	S	P	P			P	P
S											Animal Clinic for small animals, no outdoor pens+	S	P	P	P			P	S
S											Animal Hospital, Clinic		S	P	S			P	P
S											Animal Production
S											Animal Shelter							P	P
P											Crop Production
P	S										Horse Corral or Stable (Commercial)+
P	P										Horse Corral or Stable (Private)
S	S										Wholesale Nursery for Growing of Plants, No Retail Sale on Site							P	P
											Residential & Lodging
P	P	P	P	P	P	P	P	P	P	P	Accessory Building+	P	P	P	P		P	P	P
S	S								P		Bed & Breakfast Operation+	S
P											Caretaker's Quarters/Domestic or Security Unit		P	P	P		P	P	P
A	A	A	A	A	A	A	A	A	A	A	Carport+
P									P		Convent or Monastery		P		P
							P	P	P		Duplex+
A	A	A	A	A	A	A	A	A	A	A	Garage	A	A	A	A		A	A	A
A	A	A	A	A	S	S	S	S	P	S	Guest Quarters/ Secondary Living Unit+
P	P	A	P	P	P	P	P	P	P	P	Home Occupation+
											Hotel or Motel		S	P	P
											Hotel, Residence		S		P
								P	P		Loft	P	P	P	P
									P		Multi-Family
	P	P	P	P	P	P	P	P		P	Portable Building -Residential+
									P		Residential Care Facility	S	S		S
S											Single-Family on less than the min. size lot+
						P	P	P	P		Single-Family, Attached+
P	P	P	P	P	P	P	P	P	P	P	Single-Family, Detached+
						P	P	P	P		Single-Family, Zero Lot Line+
	S	S	S	S	S	S	S	S	S		Subdivision Screening Wall
A	A	A	A	A	A	A	A	A	A	A	Swimming Pool, Private
A	A	S	S	S	S	S	S	S	S	S	Tennis Court Private	S						P	S
								P	P		Townhouse+		P
									S		Urban Residential+		S
											Institutional & Community Service
									P		Assisted Living Facility+	S	P		P
											Blood Plasma Donor Center		P	P	P			P	P
											Child Care Facility		S	P	P
											Church/House of Worship+	P	P	P	P			P	P
											College, University, or Seminary		P	P	S		P	P	P
											Convalescent Care Facility/Nursing Home+	P	P	P	P		S	S
S	S	S	S	S	S	S	S	S	S	S	Day Care (child or adult)	P	P	P	P		A
											Emergency Ambulance Services, Ground		P	P	P			P	P
P	P	P	P	P	P	P	P	P	P	P	Group or Community Home+	P	P
											Government Facility		P	P	P		P	P	P
									S		Hospice	P	P	P	P		S	S	S
											Hospital		P	P	P		P	P	S
											Library, Art Gallery or Museum (Public)	P	P	P	P		P	P	P
											Mortuary or Funeral Chapel		P	P	P		S	P
											Penal Boarding Home							P	P
											Post Office, Local Service	P	P	P	P		P	P	P
											Post Office, Regional			P			S	P	P
											Prison/Custodial Institution							P	P
P	P	P	P	P	P	P	P	P	P	P	Public School Primary, Secondary, Senior (Includes a Charter School)+	P	P	P	P		P	P	P
S	S	S	S	S	S	S	S	S	S	S	Private School Primary, Secondary, Senior+	S	S	S	S
											Rescue Mission or Shelter for the Homeless			S				P	P
											Social Service Provider, not Rescue Mission or Shelter		S	P				P	P
P	P	P	P	P	P	P	P	P	P	P	Temporary Educational Building+	P	P	P	P		P	P	P
											Office & Professional
											Bank, Savings and Loan, Credit Union or similar Financial Institution with Drive-Through+ (See Definitions)	S	P	P	P		P	P	P
											Bank, Savings and Loan, Credit Union or similar Financial Institution without Drive-Through (See Definitions)	P	P	P	P		P	P	P
											Check Cashing Business, Credit Agency or similar Financial Institution (See Definitions)				S				S
											Office, General		P	P	P		P	P	P
											Office Building, less than 5,000 s.f.	P	P	P	P		P	P	P
											Office Building, 5,000 s.f. or more	S	P	P	P		P	P	P
											Recreation, Entertainment & Amusement
											Billiard Parlor or Pool Hall+		S	S	P			P	P
											Carnival, Circus, or Amusement Ride, Temporary+	S	P	S	P		S	P	P
											Commercial Amusement/ Recreation (Inside)+		S	P	P			P	P
											Commercial Amusement/ Recreation (Outside)		S	S	S			S	P
S	S	S	S	S	S	S	S	S	S	S	Community or Recreation Club, Public or Private (Accessory)	S	P	P	P		P	P	P
S	S	S	S	S	S	S	S	S	S	S	Country Club, Private	S	P	P	P		S	P	P
											Golf Driving Range	S	S	S	P		S	P	P
P	P	P	P	P	P	P	P	P	P	P	Fund Raising Events by Nonprofit, Indoor or Outdoor, Temporary+	P	P	P	P		P	P	P
											Gun Club, Skeet or Target Range (Indoor)		S	P	P			P	P
S											Gun Club, Skeet or Target Range (Outdoor)								S
									A		Health Club	P	P	P	P		P	P	P
											Private Club, Lodge or Fraternal Organization	S	P	P	P			P	S
											Private Sports Arena, Stadium or Track		S	S	S			S	S
P	P	P	P	P	P	P	P	P	P	P	Public Park or Playground	P	P	P	P		P	P	P
S	S	S	S	S	S	S	S	S	S	S	Tennis Courts (Not accessory to a public or private club)+	S	P	P	P			P	P
											Retail & Personal Services
											Antique/Collectible Store	S	P	P	P
											Astrologer, Hypnotist, or Psychic Art and Science	P	P	P	P
											Banquet Facility		P	P	P
											Business School		P	P	P		P	S
											Catering Service	S	P	P	P		S	P
											Christmas Tree Sales Lot & Similar Uses, Temporary+	S	P	P	P		S	P	P
											Copy Center	P	P	P	P		P	P	P
											Display, Incidental+	P	P	P	P
											Garden Supply/Plant Nursery+	S	P	P	P			P
											General Personal Service	P	P	P	P			S
											Hair Salon, Manicurist	P	P	P	P
											Laundry, Drop-off/ Pickup	P	P	P	P			P	P
											Laundry, Self-Service	P	P	P	P			P	P
											Massage Therapist	P	P	P	P
											Museum or Art Gallery (Private)	S	P		P		P
											Night Club, Discoteque, or Dance Hall		S	P	P			S	S
											Pawnshop								P
											Pet Shop	P	P	P	P
P	P	P	P	P	P	P	P	P	P	P	Real Estate Sales Office, On-site, Temporary+	P	P	P	P		P	P	P
											Rental Store, w/o Outside Storage and Display		S	S	S			S	P
											Restaurant, Less than 2000 Sq. Ft., w/ Drive-Through+	S	P	P	P			P	P
											Restaurant, Less than 2000 Sq. Ft., w/o Drive-Through	P	P	P	P		P	P	P
											Restaurant, 2000 Sq. Ft. or more, w/ Drive-Through+	S	P	P	P			P	P
											Restaurant, 2000 Sq. Ft. or more, w/o Drive-Through	S	P	P	P		S	P	P
											Retail Store, 25,000 Sq. Ft. or more	S	S	P	P
											Retail Store, Less than 25,000 Sq. Ft.	P	P	P	P			S	S
											Retail store with gasoline product sales limited to 2 fuel dispensers and 4 vehicles	S	P	P	P			P	P
											Retail store with more than 2 fuel dispensers		S	P	P			P	P
											Used Merchandise Store		S	P	P
											Sexually Oriented Business+								P
											Studio - Art, Photography or Music	P	P	P	P			P
											Tailor, Clothing or Apparel Shop	P	P	P	P
											Tattoo, Body Piercing (does not include earlobe piercing)		S
											Taxidermist Shop							P	P
											Commercial & Business Services
											Bail Bond Service			S	P			P	P
											Building & Landscape Material with Outside Storage+		P	P	P			P	P
											Building Maintenance, Service & Sales with Outside Storage+				S			P	P
											Building Maintenance, Service & Sales without Outside Storage			P	P			P	P
S											Cemetery/ Mausoleum/Mortuary		P	P	P			P	P
											Crematorium							S	P
											Custom & Craft Work			P	S			P	P
											Electrical, Watch, Clock, Jewelry & Similar Repair	P	P	P	P
											Feed Store, Ranch Supply			P	S			S	P
											Food Processing				S			P	P
											Furniture or Cabinet Repair			S	P			P
											Furniture Upholstery, Refinishing or Resale			S	P			P	P
											Gunsmith Repair and Sales			S	P			P	P
											Heavy Machinery & Equipment (Rental, Sales & Service)			S	S			P	P
											Locksmith		P	P	P			P	P
											Machine Shop				S			P	P
											Medical or Scientific Research Lab			P	P		P	P	P
											Mobile Home/Trailer Sales Lot				S			S	P
											Portable Buildings -Commercial+		S	S	S		S	S	S
											Research and Technology			P	P		P	P	P
											Shoe and Boot Repair and Sales	P	P	P	P
											Trade School			S	S		P	P	P
P	P	P	P	P	P	P	P	P	P	P	Temporary On-site Construction Office+	P	P	P	P		P	P	P
											Auto & Marine-Related
											Auto Repair Garage, Major+							P	P
											Auto Repair Garage, Minor+		S	S	P			P	P
											Automobile Rental			S	P			P	P
											Boat & Trailer Dealership (New and Used)+			P	P			P	P
											Car Wash/Auto Detail+	S	S	S	P			P	P
											Car Wash, Self-Service		S		P			P	P
											Motor Vehicle Dealership, New & Used (Cars and Light Trucks)+			P	S			P	P
											Parking, Commercial			P	P			P	P
											Parking Lot, noncommercial	S	P	P	P		P	P	P
											Recreational Vehicle (RV) Sales and Service			S	P			P	P
											Service Station+	S	P	P	P			P	P
											Towing & Impound Yard							S	P
											Towing Service, No Storage							S	P
											Truck Rental				P			P	P
											Truck Stop with Fuel and Accessory Services+				S			S	P
											Industrial & Manufacturing
S											Asphalt or Concrete Batch Plant+							S	S
P	P	P	P	P	P	P	P	P	P	P	Asphalt or Concrete Batch Plant, Temporary+	P	P	P	P		P	P	P
											Bottle Works, Milk or Soft Drinks							P	P
											Brewery, Distillery or Winery (Excluding Brew Pub)				S			P	P
											Carpet and Rug Cleaning				S			P	P
											Environmentally Hazardous Materials+							S	P
											Food Processing (No Slaughtering)				S			P	P
											Light Assembly & Fabrication			S	P		P	P	P
											Manufacturing, Heavy							S	P
											Manufacturing, Light			S	P		S	P	P
											Metal Plating, Electro-Plating							S	P
S	S	S	S	S	S	S	S	S	S	S	Mining and Extraction (Sand, Gravel Oil & other)+	S	S	S	S		S	S	S
											Monument Works, Stone and Metal				S			S	P
											Portable Building				S			S	S
											Printing & Publishing				P			P	P
											Salvage or Reclamation of Products (Indoors)				S			P	P
											Salvage or Reclamation of Products (Outdoors)							S	P
											Sheet Metal Shop				S			P	P
											Tool, Dye, Gauge and Machine Shop							S	P
											Welding Repair				S			P	P
											Wholesale, Distribution & Storage
											Cold Storage Plant			P				P	P
											Heavy Construction Trade Yard			S				P	P
S											Landfill, Sanitary
											Mini-warehouse+			S	S			P	P
											Outside Storage+			P				P	P
											Recycling Collection Center			S				P	P
											Warehouse/ Distribution Center			P			S	P	P
											Wholesale Showroom Facility			P	S			P	P
											Utilities, Communications & Transportation
											Airport, Heliport or Landing Field			S				S	S
P	S	S	S	S	S	S	S	S	P	S	Antenna, Accessory+	P	P	P	P		P	P	P
											Antenna, Commercial+		S	S	S		S	S	P
A	A	A	A	A	A	A	A	A	A	A	Antenna, Dish+	A	P	P	P		P	P	P
S											Antenna, Commercial, Free-Standing+		S	S	S		S	P	P
											Antenna, Commercial, Mounted+		S	S	S		P	P	P
											Bus Charter Service & Service Facility			P				P	P
											Helipad		S	S	S		S	S	S
S	S	S	S	S	S	S	S	S	S	S	Utilities (Non-Municipally owned or Controlled), including Sanitary Landfill, Water Treatment, and Supply, and Wastewater Treatment	S	S	S	S		S	S	S
P	P	P	P	P	P	P	P	P	P	P	Municipally Owned or Controlled Facilities, Utilities and Uses	P	P	P	P		P	P	P
S											Portable Building	S	S	S	S		S	S	S
	S	S	S	S	S	S	S	S	S	S	Private Streets	S	S	S	S		S	S	S
											Radio Broadcasting		P	P	P		P	P	P
S	S	S	S	S	S	S	S	S	S	S	Railroad Yard or Shop	S	S	S	S		S	S	S
											Recording Studio		S	P	P		P	P	P
P	P	P	P	P	P	P	P	P	P	P	Satellite Dish+	P	P	P	P		P	P	P
											Transit Passenger Facility	S	S	S	S		S	S	S
											Trucking Company								P
											TV Broadcasting & Other Communication Service		S	P	S		S	P	P
S	S	S	S	S	S	S	S	S	S	S	Utilities Holding a Franchise from City of Lancaster	S	S	P	S		S	P	P
S	S	S	S	S	S	S	S	S	S	S	Utility Installation, Other than Listed	S	S	S	S		S	S	S
S	S	S	S	S	S	S	S	S	S	S	Utility/ Transmission Lines+	S	S	S	S		S	S	S
S	S	S	S	S	S	S	S	S	S	S	Wireless Communication Tower	S	S	S	S		S	S	S

(Ordinance 2006-04-13, sec. 14.401, adopted 4/24/06; Ordinance 2006-11-43, sec. 2, adopted 11/13/06; Ordinance 2008-11-47, sec. 2, adopted 11/10/08; Ordinance 2010-04-09 adopted 4/26/10; Ordinance 2010-11-27, sec. 1, adopted 11/22/10; Ordinance 2010-12-30, sec. 1, adopted 12/13/10; Ordinance 2011-09-32, sec, 3, adopted 9/26/11; Ordinance 2018-11-47 adopted 11/12/18; Ordinance 2012-01-03, sec. 1, adopted 1/23/12; Ordinance 2019-06-21 adopted 6/10/19)

§ 4.02 Use Standards.

Conditions. The following uses as provided by this Code shall meet the standards established in this section, which are as follows:

(a) 

Rural and Animal-Related.

(1) 

Animal Clinic for Small Animals.

A. A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment.

B. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such clinic use.

(2) 

Horse Corral or Stable (Commercial).

A. Ground accumulations of manure shall be collected and properly disposed of so as not to create offensive odors, fly breeding, or in any way pose a health hazard or nuisance to human beings and animals; and

B. Fences or pens, corrals or similar enclosures shall be of sufficient height and strength to properly retain the animal, and be properly maintained.

C. Farm animals shall be regulated by Animal Control Ordinance as to acreage and how close they come to residences.

(b) 

Residential and Lodging Use Conditions:

(1) 

Accessory Building (Accessory to Residential Use).

A. The accessory building shall be accessory to a residential use and located on the same lot.

B. In all residential districts, one (1) detached garage shall be allowed provided that:

1. It does not exceed 900 square feet in area;

2. It is located on the same lot as the residential use;

3. If located partially or totally in front of the rear facade of the main structure, the exterior cladding must contain the same materials, as found on the main structure and is generally in the same proportion; and

4. Detached garages shall not exceed the height limit in the district.

C. In SF-E and SF-2 no more than two (2) accessory buildings shall be allowed totaling up to 600 square feet (each) in area, and 15 feet or less in height.

D. In SF-4, SF-5, SF-6, no more than two (2) accessory buildings shall be allowed which are up to 225 square feet (each) in area and 15 feet or less in height. (Greenhouses are exempt from the materials requirement.)

E. In 2F, no more than two (2) accessory buildings shall be allowed which is up to 100 square feet (each) in area and 10 feet or less in height. (Greenhouses are exempt from the materials requirement.)

F. These standards shall not apply to residential buildings in AO Districts where such building is associated with a residential or agricultural use.

G. See below for "portable building" standards which include prefabricated storage sheds.

(2) 

Bed and Breakfast Operation.

A. A "bed and breakfast" must be located on an owner-occupied single-family lot, or on an immediately adjacent lot, or in the Historic Town Square in the Downtown District where residential units are allowed.

B. One (1) parking space per bedroom to be rented shall be provided above the single-family parking requirement[.]

C. No outside advertising shall be allowed on the lot unless located in a nonresidential zoning district or permitted by an SUP.

D. A permanent wired smoke alarm system meeting all City codes shall be installed.

E. The premises shall pass a fire code inspection before opening and on an annual basis thereafter.

F. All applicable hotel/motel taxes shall be paid.

G. The maximum length of stay is limited to 14 consecutive days in any 30-day period.

H. A Certificate of Occupancy permit shall be obtained prior to occupancy.

(3) 

Carport (Residential).

A. In residential districts, Carports must be open on at least two (2) sides and be located at least 20 feet behind the corner of the front facade or meet the garage setback adjacent to an alley. It must also meet the minimum required side yard setbacks for a detached garage[.]

B. Carports which are visible from a public street must be constructed of materials matching those of the primary residential structure.

C. Carports not meeting these standards must obtain an SUP.

D. Porte-cocheres are not considered carports, and are allowed, provided that they are attached and integral with the design of the house.

(4) 

Duplex.

A. Limited to two (2) families.

B. The dwelling must be permanently attached to a concrete foundation.

C. The primary roof pitch must be at least 4 in 12 inches.

D. The duplex must have 1-hour fire wall separating the units.

(5) 

Guest Quarters/Secondary Living Unit.

A. Guest quarters or secondary living unit may be allowed on a property in a residential or commercial zoning district provided that it is ancillary to the primary use and that only one such facility is provided.

B. The area of such quarters shall not exceed 900 s.f. or 50% of the main structure, whichever is less. However, in the AO District, such quarters may be up to 1,200 s.f. in size.

C. No such use may be sold or conveyed separately without meeting the requirements of the zoning district and the Subdivision Regulations.

(6) 

Home Occupation.

A. 

Incidental to Primary Use.

The use must clearly be incidental and secondary to the primary use of the property as a residence.

B. 

Employees.

No more than two (2) people outside the family may be employed in the home occupation.

C. 

Exterior Indication.

There shall be no exterior display, exterior storage of materials, and no other exterior indication of the home occupation or variation from the residential character of the principal building.

D. 

Traffic.

No more traffic shall be generated by such home occupation than would normally be expected in the neighborhood.

E. 

Parking.

In addition to the off-street parking required for the residence, adequate additional off-street parking shall be provided for the vehicles of each employee and the maximum number of users the home occupation may attract, one (1) additional parking space at the rest of the house shall be provided.

F. 

Nuisance.

No nuisance, offensive noise, vibration, smoke, dust, odors, heat, glare, or electrical disturbance shall be generated.

G. 

Excluded Uses.

A home occupation may not be interpreted to include the following: facilities for repair of motor vehicles, small motors, day-care center, or uses which utilize flammable or hazardous materials.

(7) 

Portable Building - Residential.

A. On residentially zoned properties one (1) portable building shall be allowed as an accessory to a residential use on the same lot except for multi-family districts, which shall not contain portable buildings.

B. Such building shall not exceed 160 square feet in floor area or 10 feet in height. In 2F, such building shall be limited to 100 square feet in area.

(8) 

Single-Family Dwelling (Attached, Detached, Zero Lot Line).

A. The dwelling must be permanently attached to a permanent concrete or pier and beam foundation.

B. The primary roof pitch must be at least four (4) in 12 inches.

(9) 

Townhouse.

In retail districts, townhouses must be part of an integrated master plan with retail development, and include an attractive pedestrian environment.

(10) 

Urban Residential.

A. Urban residential includes residential development which at least partly face streets, public sidewalks, or common open space, or which are located above retail, office or service uses.

B. Ground floor urban residential should have direct access to a sidewalk via a stoop or landing, and a majority of parking should be located within a structure.

(11) 

Residential Portable and Accessory Building Setbacks.

A. Portable Buildings 0-160 s.f. and up to 10 ft. in Height:

1. Rear Setback: 3 ft.

2. Side Setback: 3 ft.

3. Separation from other structures: 3 ft.

B. Accessory Buildings 121-225 s.f. and up to 15 ft. in Height:

1. Rear Setback: 3 ft.

2. Side Setback: Required Zoning District Setback.

3. Separation from other structures: 6 ft.

C. Detached Garages 226-900 s.f. and up to 15 ft. in Height:

1. Rear Setback: With Alley - 20 ft. with garage doors facing alley, 3 ft. without garage doors facing alley, Without Alley - 10 ft.

2. Side Setback: Required Zoning District Setback.

3. Separation from other structures: 10 ft.

(c) 

Institutional and Community Service Use Conditions.

(1) 

Assisted Living Facility Class A and Class B.

See "Group or Community Home" below.

(2) 

Church/House of Worship.

A. A building used for nonprofit purposes by a recognized and legally established sect solely for the purpose of worship.

B. Significant accessory uses such as retail, restaurants, schools, coffee houses, day-care centers, bingo parlors and halls may only be allowed in a zoning district that allows such uses.

(3) 

Convalescent Care Facility/Nursing Home.

A facility that provides nursing services and custodial care on a 24-hour basis for three (3) or more unrelated individuals who for reasons of illness, physical infirmity, or advanced age, require such services.

(4) 

Day-care.

A. Day-care is a facility that:

1. Is licensed by the State;

2. Provides care for six (6) or more children or adults who do not reside in the facility, who are present primarily during daytime hours, and who do not regularly stay over night; and

3. May provide some instruction.

B. Adequate provision for pickup and drop-off shall be provided, as determined by the City Engineer.

(5) 

Group or Community Home.

A. A home for disabled persons whose ability to care for himself, perform manual tasks, learn, work, walk, see, hear, speak or breath is substantially limited because the person has an orthopedic, visual, speech, or hearing impairment, Alzheimer's disease, pre-senile dementia, cerebral palsy, epilepsy, Muscular Dystrophy, Multiple Sclerosis, cancer, heart disease, diabetes, mental retardation, autism, or emotional illness. It may also include rehabilitation for such disabilities.

B. The facility must be a community-based residential home operated by:

1. The Texas Department of Mental Health and Metal Retardation (MHMR);

2. A community center organized under Subchapter A, Chapter 534, Health and Safety Code, that provides services to persons with disabilities;

3. An entity subject to the Texas Non-Profit Corporation Act; or

4. An entity certified by the Texas Department of Human Services as a provider under the medical assistance program service persons in intermediate care facilities for persons with mental retardation; or

5. An entity operating an assisted living facility licensed under Chapter 247, Health and Safety Code.

C. When the facility is located within a single-family or duplex residential zoning district,

1. The exterior structure must retain compatibility with the surrounding residential dwellings, and

2. Not more than six (6) persons with disabilities and two (2) supervisors may reside in the facility at the same time. The limitation on the number of persons with disabilities applies regardless of the legal relationship of those persons to one another.

D. A community or group home may not be established within one-half (1/2) mile of an existing community or group home unless a Specific Use Permit is approved by the City Council.

E. The residents of a community or group home may not keep for the use of the residents of the home, either on the premises or on a public right-of-way adjacent to the home, motor vehicles in numbers that exceed the number of bedrooms in the home.

(6) 

Boarding Home.

A. A dwelling unit, other than a hotel or motel, where lodging and community meals, light housework, meal preparation, transportation, grocery shopping, money management, laundry services, or assistance with self-medication are provided to three (3) or more persons for compensation.

B. Boarding Homes may only be located in Multi-family Residential Districts. An SUP shall be required for any Boarding Home use.

(7) 

Public or Private School, Primary.

A. Must be located on a collector or larger roadway unless otherwise approved by the Director.

B. Must provide adequate drop-off areas so as not to unnecessarily impede street traffic.

C. Drop-off and access provisions must be approved by the Director or his/her designee.

D. Other sections of the ordinance shall apply to screening, landscaping and cladding.

(8) 

Public or Private School, Secondary.

A. Must be located on a collector or larger roadway.

B. Must provide adequate drop-off areas so as not to unnecessarily impede street traffic.

C. Drop-off and emergency access provisions must be approved by the Director or his/her designee.

Other sections of the ordinance shall apply to screening, landscaping and cladding.

(9) 

Public or Private School, Senior.

A. Must be located on a collector street or larger roadway.

B. Must provide adequate drop-off areas so as not to unnecessarily impede street traffic.

C. Drop-off and access provisions must be approved by the Director or his/her appointed designee.

D. Other sections of the ordinance shall apply to screening, landscaping and cladding.

(10) 

Public or Private School Temporary Education Building.

Temporary buildings for classrooms, recreation and administration needs for public school districts may be located on public school district sites when approved by the City Manager or his/her appointed designee. However, the City Manager or designee may at their discretion, require a recommendation of the Planning and Zoning Commission and approval by the City Council. An application for "Temporary Education Building" must be submitted on forms supplied by the Building Official's office and shall include a schedule indicating the expected phasing-out of all temporary structures. Such permit shall be valid for a period of up to five (5) years. All temporary structures should be located so that they are screened by the permanent buildings whenever possible.

(11) 

Penal Boarding Home.

A. A dwelling unit, other than a hotel or motel, where lodging and community meals, light housework, meal preparation, transportation, grocery shopping, money management, laundry services, or assistance with self-medication are provided to three (3) or more persons for compensation, and at least one of said persons have been released from imprisonment from any penal institution and are under the supervision of the Texas Department of Criminal Justice.

B. "Released" and "Penal Institution," as used in subsection (a) [A.] herein, shall have the same meaning as those terms are defined in Article 62.001 of the Texas Code of Criminal Procedure, as amended.

C. Penal Boarding Homes may only be located in Light Industrial (LI) and Medium Industrial (MI) zoning districts. An SUP shall be required for any Penal Boarding Home use.

(d) 

Office and Professional Use Conditions.

(1) 

Financial Institution with Drive-Through.

A. A financial institution is an establishment for the custody, loan, exchange or issuance of money, and/or the extension of credit that facilitates the transmission of funds. This shall not include pawnshops or businesses that advertise check cashing services.

B. Drive-throughs shall not be located on a property adjacent to a residential use. Drive-throughs shall be separated from residential properties by an intervening building.

C. Drive-throughs shall not have access to local residential streets.

D. Stacking lanes for drive-through service windows shall accommodate at least six (6) cars per lane, unless specifically approved by the Director or his/her appointed designee.

(e) 

Recreation. Entertainment & Amusement Use Conditions.

(1) 

Billiard Parlor or Pool Hall.

A. Any business or premises in which one (1) or more pool or billiard tables are located and used for the playing of billiards, pool or similar games and for which a fee is charged, either directly or indirectly, by means of a general admission fee, membership fee, dues or the like. Exceptions include:

1. Billiard or pool or tables kept in private residences or apartments and used without charge by members of the family or bona fide guests;

2. Billiard or pool tables on the premises of religious, charitable, educational or fraternal organizations for the use of members or their guests, and not for private profit, although a charge is made for playing; and

3. Billiard or pool tables on the premises of publicly owned facilities.

B. Businesses which contain more than 3 pool or billiard tables or similar games and for which a fee is charged, either directly or indirectly, by means, of a general admission fee, membership fee, dues or the like, shall require the approval of an SUP.

(2) 

Carnival, Circus, or Amusement Ride (Temporary).

A. A promotional event intended to attract people to a site where there may or may not be an admission charge, and which may include such activities as rides, entertainment, game booths, food stands, exhibitions, and animal displays, and not extending greater than 14 days in duration.

B. Carnival, circus and amusement ride uses shall be no closer than 300 feet to residentially zoned land unless such setback is reduced or waived by the Planning and Zoning Commission and City Council.

C. Such events must obtain a Special Events Permit from the City of Lancaster.

(3) 

Commercial Amusement/Recreation (Indoor).

A. Any enterprise whose main purpose is to provide the general public with a variety of amusing or entertaining activities, including such activities as skating rinks, bowling alleys, video arcades and similar enterprises, but does not include theaters and auditoriums. It also includes establishments with more than four (4) coin-operated machines as defined by City Ordinances, excluding billiard or pool halls. Exceptions include:

1. Skill or coin-operated machines kept in private residences or apartments and used without charge by members of the family or bona fide guests;

2. Skill or coin-operated machines on the premises of religious, charitable, educational or fraternal organizations for the use of members or their guests, and not for private profit, although a charge is made for playing; and

3. Billiard or pool tables on the premises of publicly owned facilities.

B. A skill or coin-operated machine is defined as any coin-operated machine of any kind or character whatsoever, when such machines dispense or are used or are capable of being used or operated for amusement or pleasure or when such machines are operated for the purpose of dispensing or affording skill or pleasure, or for any other purpose other than the dispensing or vending of merchandise, music or service, as those terms are defined in Texas Revised Civil Statutes Annotated, Articles 8801–8817.

(5) 

Commercial Amusement/Recreation (Outdoor).

A. Outdoor commercial recreation and amusements, excluding drive-in theaters, but including golf courses, target ranges and skeet shoots, picnic groves, amusement parks, circus or carnival grounds, commercial amusement or recreational developments or tents, and other similar uses. This includes temporary structures used for meetings. Such uses shall be considered "temporary" if the use does not exceed 14 days. (See "Carnival, Circus, or Amusement Ride (Temporary)" above.)

B. Outdoor commercial recreational and amusement uses shall be no closer than 300 feet to residentially zoned land unless such setback is reduced or waived by the Planning and Zoning Commission and City Council.

(6) 

Event Centers - Banquet Facility and Dance Hall.

A. 

Time Period.

Event Centers must comply with all conditions stipulated herein at every event where alcohol beverage[s] are available, provided and/or served and at events occurring after 6:00 p.m.

B. 

Security.

The center must provide security at every event where alcohol beverage[s] are available, provided and/or served, and at for events occurring after 6:00 p.m. Security must be by a qualified person(s) who is authorized to provide private security under Chapter 1702 of Texas Occupations Code. Prior to the beginning of the event, Security must contact Lancaster Police Department and provide radio and/or phone contact information sufficient to ensure contact in the event of an emergency at the Event Center during the event.

C. 

Loitering, Outside Activities.

Prolonged congregating or loitering of event attendees or participants outside the event building is prohibited. Outside activities, if any, must be in compliance with the City noise regulations as set forth in the City Code of Ordinances and Lancaster Development Code.

D. 

Noise Mitigation.

The applicant must add noise mitigation to the existing building if determined necessary by the City to protect surrounding properties and the public health, safety and welfare[.]

E. 

Litter & Debris.

Any litter or debris left on the premises must be removed immediately following the event. The owner of the center is responsible for the removal of all litter and debris.

F. 

Minors Parties Activities.

Parties and activities involving minors ages 11-17 shall require the following:

i. Reservation will not exceed 50 minors per event.

ii. One Security Officer shall be required for every 25 minors.

iii. Guest list must be provided. No individual will be permitted to enter the reservation unless named on the list.

iv. Participants are not allowed to leave the reservation once checked in.

v. No reservations will be allowed to exceed 11 p.m.

vi. One chaperone (age 25 or older) shall be required for every 25 minors.

(7) 

Fund-Raising Events by Nonprofit, Indoor or Outdoor (Temporary).

A. An event sponsored by a recognized legal nonprofit organization, intended to attract people to a site where there may or may not be an admission charge.

B. Such events must obtain a Special Events Permit from the City of Lancaster for residential districts.

(8) 

Tennis Courts.

Tennis courts shall meet standards for lighting and noise levels at adjacent residential property lines. (See Artticle 7.00, Environmental Performance Standards).

(f) 

Retail and Personal Service Use Regulations.

(1) 

Christmas Tree Sales Lot & Similar Uses (Temporary).

The temporary sales of Christmas trees, pumpkins and other seasonal goods may be allowed with a permit approved by the Building Official provided it meets the following conditions:

A. Any such temporary facility of [or] lot shall be limited to seasonal sales.

B. The maximum time limit of such use shall not exceed 45 days annually. At the end of the 45-day period, the structure and other facilities related to the use shall be removed from the property.

C. Any temporary power poles will be removed on the date of or immediately following the termination date of the permit.

D. Any such temporary facility shall not reduce the number of required parking spaces of any nearby building or use, below the number actually needed by the use(s).

E. Any such temporary facility shall have permanent restrooms for employees available within 300 feet of the property where such use is permitted for which written permission from the permanent building owner for restroom use must be submitted to the Building Official; however, a portable restroom facility, motor home or travel trailer providing such facilities may be allowed.

(2) 

Cosmetics, Permanent.

A. Cosmetics, Permanent, as defined by the State Department of Health.

B. It includes electrolysis, but does not include ornamental tattoos.

(3) 

Display, Incidental.

Outdoor sales and display, excluding vehicles and vehicular machinery, for which the sale of these items are the primary business, shall meet the following standards:

A. Outdoor sales and displays are permitted only in areas designated on the Site Plan filed with the City.

B. Outdoor sales and display may not exceed 5% of the adjacent building floor area. (Building area is defined as the entirely enclosed portion of the primary building.)

C. Outdoor sales and display may occupy up to 30% of a covered sidewalk that is located within 20 feet of the building. Such display shall not impede pedestrian use of the sidewalk and at least a 5' passable distance shall be maintained.

D. Any outside sales and display not located on a covered sidewalk must be screened from view of adjacent roadways, public areas and adjacent properties. Such screening must:

1. Be a minimum of eight (8) feet high or one (1) foot taller than the materials being displayed, whichever is greater.

2. Include minimum of 20% solid screening matching the material of the primary building. The remainder may be solid evergreen planting, or wrought iron, dark vinyl coated chain link or similar materials.

E. Any outside sales and display not located on a covered sidewalk must be located immediately adjacent to or connected to the primary structure.

F. No outdoor sales and display may be located on any portion of a parking lot.

G. Christmas tree sales are exempted from these standards, and such trees may be stored outdoors for sale beginning one (1) week before Thanksgiving and ending December 31. (Also, see Christmas Tree Sales Lot & Similar Uses (Temporary).

H. 

Landscape Materials.

The accessory seasonal display of plants and related landscape materials such as fertilizer, peat moss, and ornamental landscape items by a permitted retail use may be displayed upon approval by the Building Official only under the following conditions:

1. The plants and related materials shall be located on an all-weather surface.

2. All of the plants and related materials shall be located behind the building line.

3. Notwithstanding "6" [F.] above, the storage area for display of plants and related materials shall not occupy any required parking spaces as outlined in Article 6.00, Parking and Loading. Excess parking spaces may be used if all other requirements in this Section are met.

4. The storage area for display of plants shall not occupy more than 5% of the total lot area.

(3.1) 

I. Variety Stores.

A. Variety stores are prohibited unless the proposed use is located more than 10,560 feet (2 miles) from another variety store.

B. Incidental outdoor display is prohibited at all variety stores.

C. If located at least 10,560 feet (2 miles) from another variety store, this use is permitted by Specific Use Permit ("SUP") only. When reviewing a request for SUP for a variety store use, the City Council shall consider:

1. Whether the proposed variety store will likely have a detrimental impact on the development of grocery stores and other businesses that sell fresh and healthy food items in the area to be served by the proposed use.

2. The availability of healthy food options in the area of the proposed use including the proximity of full-service grocery stores within one-half mile of the proposed use and

3. Whether the proposed use is within a food desert, as defined by the United States Department of Agriculture at the time of application.

D. A SUP approved under this section must stipulate that a minimum of 20 percent of the floor area of the variety store must be dedicated to fresh produce, meat and dairy products.

E. A nonconforming variety store in existence on January 1, 2019, may relocate on the same parcel or within the same shopping center that it currently exists without obtaining a SUP provided the nonconforming variety store has not been terminated for more six (6)months.

(4) 

Private Club, Lodge or Fraternal Organization.

A. 

Definition.

A Private Club is an establishment providing social and dining facilities as well as alcoholic beverages service to an association of persons and otherwise falling within the definition of and permitted under the provisions of that portion of, Chapter 32 of the Texas Alcoholic Beverage Code, as may be amended and as it pertains to the operation of private clubs.

B. 

Setbacks from Other Uses.

No private club that serves and/or sells alcoholic beverages shall be licensed to operate within 300 feet from a church, public or private school, or public hospital. For a church or public hospital, the 300 feet shall be measured along the property lines of the street fronts and from front door to front door, and in a direct line across intersections. For public or private schools, the measurement of distance shall be in direct line from the property line of the public or private school to the property line of the private club and in a direct line across intersections. Provided that the limitations of this section shall not apply to a private club which is in operation at the time of the passage of this article.

C. 

No Exterior Bar Entrance.

There shall be no exterior entrance directly to the bar area except emergency fire exits if required.

(5) 

Real Estate Sales Office, On-Site (Temporary).

Temporary on-site real estate sales offices located on property being sold, shall be limited to the period of sale of the lots with a 2-year initial period and one-year extensions being authorized by the Building Official. Such offices must be maintained at all times.

(6) 

Restaurant with Drive-Through.

A. Drive-throughs shall not have access to local residential streets.

B. Stacking lanes for drive-through service windows shall accommodate at least six (6) cars per lane, unless specifically approved by the Director or his/her appointed designee.

(7) 

Conversion of Existing Structures.

A. 

Conversion of Structure to Retail Use.

The conversion of an existing structure to retail or other business use shall only be in accordance with all City codes and ordinances, and shall only occur upon a finding that the proposed use is in compliance with the applicable zoning district, and that the premises/site will meet parking and other requirements for the proposed use.

(8) 

Additional Retail Uses.

A. 

Addition of Prepackaged Food or Beverage Sales.

The addition of the sale of prepackaged food or beverages to the operation of an existing retail or business establishment shall be considered a new use, and shall only be allowed with the approval of a Specific Use Permit.

(9) 

Accessory Uses.

A. 

Prepackaged Food or Beverage Sales as an Accessory Use.

If the sales of prepackaged foods and beverages, in combination, exceeds ten percent (10%) of an establishment's gross annual sales revenues, then such prepackaged food and beverage sales shall be considered a primary use, and shall only be allowed with the approval of a Specific Use Permit.

(10) 

Convenience/Mini-mart or Grocery Store with Drive-Through.

A. Bay openings for a drive-through shall not be permitted to face any major thoroughfare.

B. Such other reasonable conditions which protect the health, safety and welfare and are compatible with the adjacent properties.

Editor's note–Ordinance 2010-12-30, sec. 2, adopted 12/13/10, amended section 14.202 (2.02) by adding subsection (f)(7). Subsection (f) already contained subsections (7), (8) and (9) (added by Ordinance 2010-11-27). The provisions of Ordinance 2010-12-30 have been included as subsection (f)(10).

(g) 

Commercial & Business Services.

(1) 

Building & Landscape Material with Outside Storage.

Outdoor sales and display, excluding vehicles and vehicular machinery, for which the sale of these items is the primary business, shall meet the following standards:

A. Outdoor sales and displays are permitted only in areas designated on the Site Plan filed with the City.

B. Outdoor sales and display may not exceed 5% of the adjacent building floor area. (Building area is defined as the entirely enclosed air conditioned portion of the primary building.)

C. Outdoor sales and display may occupy up to 30% of a covered sidewalk that is located within 20 feet of the building. Such display shall not impede pedestrian use of the sidewalk and at least a 6-foot passable distance shall be maintained.

D. Any outside sales and display not located on a covered sidewalk must be screened from view of adjacent roadways, public areas and adjacent properties. Such screening must:

1. Be a minimum of eight (8) feet high or one (1) foot taller than the materials being displayed, whichever is greater.

2. Include minimum of 20% solid screening matching the material of the primary building. The remainder may be solid evergreen planting, or wrought iron, dark vinyl coated chain link or similar materials.

E. Any outside sales and display not located on a covered sidewalk must be located immediately adjacent to or connected to the primary structure.

F. No outdoor sales and display may be located in any portion of a parking lot.

G. Christmas tree sales are excepted from these standards, and such trees may be stored outdoors for sale beginning one (1) week before Thanksgiving and ending December 31.

(2) 

Building Maintenance, Service and Sales with Outside Storage.

All outside storage must be screened from adjacent streets and public areas.

(3) 

Portable Buildings - Commercial/Industrial.

On Commercially or Industrially zoned properties:

A. The portable building must be located in such a manner as to have access to public right-of-way within two hundred (200) feet.

B. The portable building, if approved for occupancy by industrial, commercial, or residential uses, must have an approved water distribution and sewage disposal system available for its use.

C. There must be a provision for garbage and trash collection and disposal.

(4) 

Temporary On-Site Construction Office.

A. Only one (1) construction or field office shall be allowed per construction site, unless specifically approved by the Building Official.

B. Temporary Construction Offices shall be limited to the period of construction with a 2-year initial period and 1-year extensions being authorized by the Building Official. Such offices shall be maintained at all times.

(5) 

Convenience/Mini-mart or Grocery Store with Drive-Through.

A. Bay openings for a drive-through shall not be permitted to face any major thoroughfare.

B. Such other reasonable conditions which protect the health, safety and welfare and are compatible with the adjacent properties

(h) 

Auto & Marine-Related Use Conditions.

(1) 

Auto Repair Garage, Major.

A. General repair, rebuilding, or reconditioning of engines, motor vehicles or trailers, including body work, frame-work, welding, and major painting service.

B. Garage doors shall not face the street or a residential lot.

C. Vehicles, equipment, parts or inventory shall not be stored outside overnight unless expressly permitted by this ordinance. In which case, they shall be screened from public streets, sidewalks and open space, and any residentially zoned lot.

(2) 

Auto Repair Garage, Minor.

A. The replacement of any part or repair of any part that does not require removal of the engine head or pan, engine transmission or differential; incidental body and fender work, minor painting and upholstering service. It also includes "quick lube" type businesses. This applies to only to passenger automobiles and trucks not in excess of 7,000 pounds gross weight.

B. In a Retail (R) District, an "auto repair garage, minor" is permitted as an accessory to a retail use, when the gross floor area of the auto repair and related storage does not exceed 30% of the retail sales floor area, and if all work is conducted wholly within a completely enclosed building. If it is a stand-alone use, it shall require a Specific Use Permit.

C. Garage doors or bays shall not face the street or a residential lot.

D. Vehicles, equipment, parts or inventory shall not be stored outside overnight unless expressly permitted by this Ordinance. In which case, they shall be screened from public streets, sidewalks and open space, and any residentially zoned lot.

E. A Site Plan must be approved by the Director or his/her appointed designee prior to issuance of any Building Permit.

(3) 

Boat and Trailer Dealerships (New and Used).

A. The area to be used for outside storage and display shall not exceed 50% of the lot area within 100 feet of any adjacent street.

B. All such outside storage and display areas must be permanently paved to City standards.

C. All such outside storage and display areas must be screened along all road frontages with a solid evergreen landscape screen a minimum of three (3) feet in height.

D. All such outside storage and display areas may be lighted with directed exterior lighting that does not glare onto any adjacent roadways.

E. A site plan and landscape plan shall be approved prior to issuance of any Building Permit.

(4) 

Car Wash/Auto Detail.

The following standards apply to any freestanding or accessory car wash or auto detailing use:

A. Entrances and exits to the car wash shall not directly face any public street. On corner sites, car wash entrances or exits shall not open toward the street with the highest traffic volume, or as determined by the Director or his/her appointed designee.

B. The car wash shall be set back a minimum of 50 feet from any street frontage.

(5) 

Motor Vehicle Dealerships (New and Used).

A. The area to be used for outside storage and display shall not exceed 50% of the lot area within 100 feet of any adjacent street.

B. All such outside storage and display areas must be permanently paved to City standards.

C. All such outside storage and display areas must be screened along all road frontages with a solid evergreen landscape screen a minimum of three (3) feet in height.

D. All such outside storage and display areas may be lighted with directed exterior lighting that does not glare onto any adjacent roadways.

E. A site plan and landscape plan shall be approved prior to issuance of any Building Permit.

(6) 

Service Station.

A. An establishment where gasoline and other petroleum products are sold as the principal use of the property. Light maintenance activities such as engine tune-ups, lubrication, and minor repairs may also be provided if incidental to such principal use. Service station does not include premises where retail sales space exceeds 25% of the total building area or 500 s.f. of gross floor area, whichever is less.

B. Entrances and exits to any service bays shall not directly face any public street. On corner sites, Service bay entrances or exits shall not open toward a residential use.

C. The location of access drives from adjacent streets and the orientation of service bays shall be determined by the Director or his/her appointed designee to minimize visual and auditory impacts.

(7) 

Truck Stop with Fuel and Accessory Services.

A. Entrances and exits to any service bays shall not directly face any public street. On corner sites, service bay entrances or exits shall not open toward a residential use.

B. The location of access drives from adjacent streets and the orientation of service bays shall be determined by the Director or his/her appointed designee to minimize visual and auditory impacts.

(i) 

Industrial & Manufacturing.

(1) 

Asphalt or Concrete Batch Plant.

Any asphalt or concrete batch plant shall meet environmental standards established by this ordinance and state and federal agencies.

(2) 

Asphalt or Concrete Batch Plant, Temporary; and Standing Lime Trucks.

A. A permit from the Building Official stating any special conditions relating to its siting and reduction of potential impacts on adjacent uses, shall be required for this use.

B. Temporary asphalt or concrete batch plants are limited to the period of construction it was constructed to serve.

C. Any batch plant facilities or standing lime trucks must be located no closer than 500 feet to a residential property.

D. Any asphalt or concrete batch plant and standing lime trucks shall meet environmental standards established by this ordinance and state and federal agencies.

E. If these standards are not met, such a facility must first receive approval of an Exception from the Planning and Zoning Commission.

(3) 

Environmentally Hazardous Materials.

A. Any land use which involves environmentally hazardous materials shall meet environmental standards established by this ordinance and state and federal agencies.

B. A permit from the Fire Marshal stating any special conditions relating to its siting and reduction of potential impacts on adjacent uses, shall be required for this use.

(4) 

Mining and Extraction (Sand, Gravel, Oil & Other).

A. Any mining and extraction activity shall meet environmental standards established by this ordinance and state and federal agencies.

B. A permit from the Building Official stating any special conditions relating to its siting and reduction of potential impacts on adjacent uses, shall be required for this use.

C. The permit shall also include provisions for restoration of the property once extraction ceases.

(j) 

Wholesale, Distribution & Storage.

(1) 

Mini-Warehouse.

A. The number of storage units per acre shall not exceed 125, the minimum number of storage units shall be 10; and the maximum site area shall be five (5) acres.

B. Unless located in an industrial district, mini-warehouses shall be fully screened from roadways, parks and trails. They may, however, be located behind other commercial uses which face a street and have an access drive area no greater than 35 feet wide.

C. Only single-story units are allowed; no multi-story buildings will be permitted unless the second story is used entirely as an office/caretaker residence-unit which shall not exceed 36 feet in height.

D. A minimum of two (2) parking spaces shall be required for the on-site manager (i.e. caretaker; resident or otherwise).

E. A Site Plan, including a landscape plan and building elevations, shall be approved prior to receiving a Building Permit. In addition, any application for an SUP shall include such plan.

F. Perimeter walls shall be provided which face the front, rear and side property lines. Overhead doors shall not face adjacent streets. All exterior perimeter walls facing the front, rear and side property lines shall be 100% brick construction. Perimeter walls facing the front yard shall incorporate architectural features to break up the long repetitive nature of self-storage buildings - such as; offsets in buildings; variation of materials; variation of heights; etc. No pre-engineered metal building components (such as gutters and downspouts) shall be incorporated in the perimeter walls facing the front property line. Exterior walls shall be constructed of split face block, brick or stone.

G. The front, side and rear building setback areas shall be landscaped. Landscaping should be clustered, creating interesting relief from the long repetitive nature of self-storage buildings.

H. The facilities shall incorporate the use of perimeter gates that limit access to the storage areas to customers only. Gates shall conform to all applicable zoning, building and fire code requirements. Special access for fire and police personnel shall be provided as required.

I. All screening fences shall be wrought iron with landscaping/living screen or masonry. See-through fencing should be wrought iron, or similar. Chain-link fencing of any kind shall be prohibited.

J. Buildings and see-through fencing should be oriented in a manner to restrict the visibility of interior overhead doors and drives from the public street. The color(s) of the garage doors, as well as other doors within the facility, shall complement the exterior colors of the main building(s).

K. The commercial operation of rental trucks and trailers shall be prohibited unless located in an industrial district which allows such use.

L. Businesses shall not be allowed to operate in the individual storage units.

M. No outside storage of any kind shall be allowed (including the outside storage of boats, recreational vehicles, and motor or self-propelled vehicles) unless located in an industrial district which allows such use.

N. Concrete shall be used for all paving.

O. Roofs shall have a minimum pitch of four (4) in 12 and be constructed with a metal standing seam. Mechanical equipment shall be screened with the roof structure or parapet walls.

P. Lighting standards shall be limited to a maximum of 20 feet in height.

Q. The residential unit as an accessory to the permitted use shall not exceed 1600 square feet.

(2) 

Outside Storage.

A. Outdoor storage shall be screened to the height of what is being stored from streets and public open space, and from abutting residentially zoned districts, and from a NS, R, CS, CBD or RT district.

B. No outside storage shall be allowed in any zoning district adjacent to IH-35 or IH-20.

(k) 

Utilities, Communications & Transportation.

(1) 

Antenna Standards and Regulations.

A. 

Antenna–Accessory.

1. The antenna installation shall comply with the height and area regulations of the applicable zoning district.

2. Administrative approval of the antenna installation shall be required.

B. Antenna–Commercial, located entirely within any nonresidential structure allowed under the applicable zoning district regulations:

1. Any necessary equipment building shall be of a material allowed by the applicable zoning district, similar in color and character to the principal building on the site; or the necessary equipment shall be contained entirely within the principal building on the property or in an underground vault.

2. Any necessary equipment building shall be enclosed by a decorative iron fence surrounded by a screening hedge which will achieve a height of at least six (6) feet at maturity or a masonry screening wall at least eight (8) feet in height, compatible in color with the principal building and the equipment building.

3. At least one (1) paved parking space with concrete paved access thereto shall be provided at the antenna location; said parking space need not be reserved exclusively for use in conjunction with the antenna installation and may be one (1) of the spaces provided for the principal use on the property.

4. Administrative approval of the antenna installation shall be required prior to the issuance of any permits for construction.

5. No more than three (3) separate equipment buildings shall be located on a single lot.

C. Antenna, Commercial–Freestanding, when attached to a utility installation or a light pole in a public park or on public school property:

1. The height of the utility installation or light pole upon which the antenna is attached shall be greater than 75 feet but no more than 150 feet.

2. The antenna shall extend no more than 10 feet above the maximum height of the utility structure.

3. A minimum clearance of 15 feet shall be maintained from the ground to the lowest element of the antenna.

4. A minimum setback of 20 feet shall be maintained from the utility installation, light pole or any equipment building to the lot line of the nearest property developed for residential occupancy.

5. Any necessary equipment building may be constructed of metal with a baked-on or pre-painted surface and shall not exceed seven (7) feet in height and 75 square feet in area. The exterior surfaces shall be covered in paint or a similar coating; or the building may be built of a material allowed by the applicable zoning district for the principal building; or the necessary equipment may be contained entirely within a principal building on the property or in an underground vault. All equipment buildings shall be maintained free from graffiti.

6. At least one (1) paved parking space with concrete paved access may be required at the antenna location; this parking space need not be reserved exclusively for use in conjunction with the antenna installation and may be one (1) of the spaces provided for the principal use on the property, if any.

7. Administrative approval of the antenna installation shall be required prior to the issuance of any permits for construction.

D. 

Antenna, Commercial–Freestanding, Other.

1. The antenna installation shall comply with the height and area regulations of the applicable zoning district. An SUP is required when an antenna installation exceeds the height restrictions of the zoning district. The support structure shall not exceed 125 feet in height.

2. The antenna shall not extend more than 10 feet above the maximum height of the support structure.

3. Any necessary equipment building shall be of a material allowed by the applicable zoning district, similar in color and character to the principal building on the site; or the necessary equipment shall be contained entirely within a principal building on the property or in an underground vault.

4. The antenna and any equipment buildings shall be enclosed by a decorative iron fence surrounded by a screening hedge which will achieve a height of at least six (6) feet at maturity or by a masonry screening wall at least eight (8) feet in height, compatible in color and character with the principal building and the equipment building.

5. At least one (1) paved parking space with a concrete paved access may be required at the antenna location; this space need not be reserved exclusively for use in conjunction with the antenna facility and may be one (1) of the spaces required for the principal use on the property.

6. Administrative approval of the antenna installation shall be required prior to the issuance of any permits for construction.

7. Co-location of mounted antennas on a single pole is encouraged. There shall be no limit to the number of antennas co-located on a single telecommunication mast/pole.

8. 

Antenna Placement/Setbacks:

a) No antenna or support structure [shall] be closer to any residential zoning or dwelling a distance equal to the height of the antenna and support structure, plus an additional twenty-five feet (25').

b) The equipment fall zone shall be measured as the shortest possible distance from the structure to the closest point of a residential district line or residential dwelling.

c) A fall zone setback reduction may be approved by the City Council if the proposed antenna is designed with a collapse zone radius.

E. Antenna, Commercial–Mounted, 12 feet or less in height, on nonresidential structures allowed under the applicable zoning district regulations:

1. The total height of the structure, including the antenna, shall not exceed the maximum height of the zoning district by more than 12 feet.

2. A minimum clearance of 15 feet shall be maintained from the ground to the lowest element of the antenna.

3. Any necessary equipment building shall be of a material allowed by the applicable zoning district, similar in color and character to the principal building; or the necessary equipment shall be contained entirely within a principal building on the property or in an underground vault.

4. The antenna and any necessary equipment building shall be enclosed by a decorative iron fence surrounded by a screening hedge, which will achieve a height of at least six (6) feet at maturity or a masonry screening wall at least eight (8) feet in height, compatible in color and character with the principal building and the equipment building.

5. At least one (1) paved parking space with paved access thereto shall be provided at the antenna location; said space need not be reserved exclusively for use in conjunction with the antenna facility and may be one (1) of the spaces required for the principal use on the property.

6. Administrative approval of the antenna installation shall be required prior to the issuance of any permits for construction.

(2) 

Construction and Maintenance Requirements.

All antenna masts, towers and antenna supports used for television and radio reception or transmission shall be constructed and maintained in accordance with the following requirements:

A. All electrical specifications of such antenna masts, towers and supports shall comply with the National Electrical Code, the electrical code of the city, Standard Building Code, and the building code of the City.

B. Antenna structures shall be designed in accordance with section 1205.1 of the Standard Building Code.

(3) 

Permit Required.

Any person desiring to erect or have erected an antenna more than 25 feet in height above ground level, or an antenna mast 25 feet or less in height but not erected as required by this Department, shall make written application to Building Inspections for a permit to erect same. Sufficient plans and specifications, as determined by the Building Official, must accompany each application. It shall be unlawful and a Building Inspections violation to erect, or cause to be erected, or to maintain, or cause to maintain, such antenna mast without first having obtained a permit. It shall be the duty of the permittee to request a final inspection upon completion of the antenna system. Domestic TV antennas are exempt from this section.

(4) 

Restrictions and Limitations.

All antenna systems constructed and maintained under the provisions of Building Inspections shall be subject to the following restrictions and limitations:

A. No such antenna system shall be more than 99 feet in height.

B. The location on the lot of such antenna system shall comply with the requirements of the comprehensive zoning ordinance of the city insofar as the front building line and side yard building line and requirements are concerned. No portion of an antenna system shall extend beyond the front building line on any lot, and on corner lots the side yard setback requirements shall be adhered to on the side adjacent to a public street, and where the front and side yard requirements are applicable, all portions of such structures shall be within the limits fixed by such requirements.

C. All antenna systems constructed under the provisions of Building Inspections shall be maintained so as to at all times comply with those requirements.

(5) 

Roof-Mounted Equipment.

All roof-mounted equipment, including fans, vents, air conditioning units and cooling towers, should be screened to eliminate the view from the ground level of adjacent properties and all roadways. The screen shall be constructed of materials approved by the building official. Roof-mounted equipment should be placed and finished in a manner which minimizes its visibility from overhead views from nearby buildings and elevated thoroughfare sections.

A. The overall screening height will be the height of the tallest element of roof-mounted equipment.

B. The outside of the screening device should be painted or finished in a similar color to the building facade, trim or roof surface to minimize the visibility of the equipment and screen the view from ground level.

C. Roof-mounted equipment and the inside of the screening device should be painted similar to the color of the roof surface in order to minimize the visibility of the equipment and screening device from overhead views.

(6) 

Antenna, Dish.

Dish antennas not exceeding 36" in diameter shall be allowed in any district as an accessory use, provided that they meet the following conditions:

A. Dish antennas shall not be located within front or side yards, and shall be fully screened from view from streets and public or common open areas. In all cases, they must be screened to minimize the visual impact from adjacent properties.

B. In residential districts, they shall be located only in rear yards. However, dish antennas 20 inches or smaller may be roof mounted provided that they are located behind a transverse roof ridge line and screened from adjacent properties.

C. In commercial districts, if located on ground level, dish antennas shall be screened to the full height of the structure with landscaping. They may also be allowed on rooftops provided that they are located and screened so as to minimize visual impact from other properties in the area.

D. In industrial districts, dish antennas may be ground or roof mounted but must be screened to minimize the visual impact from adjacent properties.

E. If the standards above are not reasonably achievable, a Specific Use Permit (SUP) shall be obtained prior to installation of a dish antenna.

(7) 

Utility Lines.

All Utility Distribution Lines shall be placed underground. Utility Distribution Lines placed above ground shall require special approval of the City Council.

(l) 

Wind Energy Systems.

(1) 

Definition.

In this section, Wind Energy System or System means a wind-driven energy conversion system that converts wind energy into electricity through the use of wind energy that drives a wind turbine, that has a rated capacity of not more than 10 kw output at any given time, and that is intended for on-site production and consumption of electricity.

(2) 

General Regulations.

The following general regulations apply to all Wind Energy Systems located within any approved district. A Wind Energy System lawfully in existence at the time of the enactment of this section shall not be required to meet the requirements established herein. Nothing contained in this section is intended to supersede the provisions of any applicable deed.

A. 

Required Plans and Specifications.

In addition to the submittals otherwise required upon making application for a building permit, the application for a building permit for a Wind Energy System must be accompanied by:

1. A site plan of the Wind Energy System shall include:

a. A survey and a scaled drawing of the site on which the proposed Wind Energy System will be constructed.

b. A plan view layout of the Wind Energy System clearly showing:

i. The location of the system in respect to the property on which the system will be built;

ii. All structural components of the wind energy system, guy wire proposed termination locations, including the distance of the structure base to the adjacent property lines, required setbacks, distance to other existing structures on the site, location of any platted easements on the property, and natural features such as lakes creeks, rivers and trees.

c. Elevation drawings that include:

i. The design and height of the proposed Wind energy System.

ii. Detailed drawings of all systems components.

iii. Screening requirements, and

d. A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms with the edition of the National Electrical Code in adoption at the time of construction.

e. Standard installation drawings of the wind turbine structure, including the tower, base, and footing, if any.

f. If the system is mounted on a tower, either an engineering analysis of the tower or a copy of the manufacturer's demonstration of compliance of the system with the edition of the International Residential Code in effect at the time of construction. An engineering analysis shall be certified by a licensed professional engineer registered in the State of Texas.

g. Evidence of the notice to the utility company.

B. 

Construction Standards:

A Wind Energy System shall be installed according to the manufacturer's recommendations or under the seal of a professional engineer registered by the State of Texas.

C. 

Maximum Height:

Subject to the height limitations imposed by the setback requirements prescribed in the Lancaster Development Code, Article 5.00 "District Development Regulations and Standards" for other than roof-mounted installations, the maximum height of a system shall not exceed 35 feet from ground level to the topmost portion of the system inclusive of the turbine and blades. For horizontally mounted (vertically spinning) turbines the measurement of the maximum height shall be made by measuring to the center of the turbine shaft and then adding the length of the blades. Additionally no system when installed shall exceed the height recommended by the manufacturer or the distributor of the system.

D. 

Location and Setback:

A tower-mounted Wind Energy System shall be anchored only in the rear yard of the lot on which the system is located. A tower-mounted system may not be located closer to a side or rear lot line than the height of the system, inclusive of the turbine blades. No part of a Wind Energy System including blades or guy wires anchors may cross a property line.

E. 

Primary Structure Required:

A Wind Energy System may exist only as a secondary use. A Wind Energy System may not be erected on a lot until a primary structure has been constructed.

F. 

Sound Pressure Levels:

Sound pressure levels produced by the operation of the Wind Energy System shall not exceed the limitations set forth in Article [section] 7.04 of the Lancaster Development Code.

G. 

Lighting:

All lighting not required by Federal Aviation Administration (FAA) regulations is prohibited not including, however operational lighting installed by the manufacturer of the system as original equipment. When obstruction lighting is required by (FAA) regulations, such lighting shall not exceed the maximum requirements of those regulations. If so required, a Wind Energy System tower structure may be artificially lighted ONLY with steady burning red obstruction lights (FAA type L-810) or flashing red obstruction lights (FAA type L0864 [L-864), flashing no faster than 20 flashes per minute. Upward lighting, floodlights or other lighting not required by (FAA) is prohibited.

H. 

Signs:

No advertising other than a sign placard indicating the tower owner and installer shall be placed on a Wind Energy System. Sign placards shall be sized so as to contain all names, addresses and contact phone numbers in a legible format.

I. 

Prohibited in Easements:

No portion of a Wind Energy System shall be located in, on or across a public easement unless authorized by the easement holder.

J. 

Notice to Utility Company on Grid Interconnected Systems:

No grid interconnected Wind Energy System shall be installed until evidence has been provided to the city that the appropriate electric power provider has been informed of the customers intent to install a grid connected customer owner Wind Energy System and that the customer's system meets the utility's approved specifications for interconnection.

K. 

State or Federal Requirements:

a wind Energy System shall meet or exceed current standards and regulations of the FAA and any other agency of the State or Federal government with the authority to regulate Wind Energy Systems. If such standards and regulations are changed the Wind Energy System shall come into compliance with those revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different schedule is mandated by the controlling State or Federal agency.

L. 

Roof-Mounted Systems:

Any system designed to be mounted on the roof of a structure that does not extend more than (60) inches above the roof line shall not be required to comply with the provisions of subsection (2)A, categories 1 through 4 [sic] of this section.

(3) 

Maintenance and Abandonment:

A. Wind Energy Systems shall be maintained at all times according to the manufacturer specifications.

B. A Wind Energy System that has become unstable[,] leans significantly out-of-plumb, or that poses a danger of collapse shall be removed or brought into repair within 30 days following notice by the Building Official to the owner of the lot upon which the System is located. The Building Official may order immediate repairs in the event of imminent collapse. Failure to make the required repairs within the time provided is an offense.

C. If the owner of a Wind Energy System plans to abandon or discontinue, or is required to discontinue, the operation of the System, the owner shall notify the Building Official by certified U.S. mail of the proposed date of abandonment or discontinuation. Such notice shall be given no less than 30 days prior to abandonment or discontinuation.

1. In the event that an owner fails to give such notice, the Wind Energy System shall be considered abandoned if the Wind Energy System is not operated for a continuous period of six (6) months.

2. Upon abandonment or discontinuation of use, the property owner shall physically remove the Wind Energy System within 90 days from the date of abandonment or discontinuation of use. "Physically remove" includes, without limitation, the actual, complete removal of the tower, turbine and all other components of the Wind Energy System from the site of the original installation.

3. 

Removal of Unsafe Wind Energy Systems:

Wind Energy Systems that have, due to damage, lack of repair or other circumstances, become unstable, lean significantly out of plumb, or pose a danger of collapse shall be removed or brought into repair within 30 (thirty) days following notice given by the Building Official. If the Wind Energy System is not made safe or removed within 30 (thirty) days of notification from the City, the City may remove the Wind Energy System at owner's expense and place a lien upon the property for immediate action to prevent an imminent threat to public safety or property.

(4) 

Definitions:

A. 

Decibel

means the unit of measure used to express the magnitude of sound pressure and sound intensity.

B. 

Sound Pressure

means the average rate at which sound energy is transmitted through a unit area in a specified direction. The pressure of the sound measured at a receiver.

C. 

Tower Height

means the height above grade of the fixed portion of the tower including the wind turbine and blades.

D. 

Turbine

means the parts of a Wind Energy System including the blades, generator and tail.

E. 

Utility Grid

shall mean a Wind Energy System designed and built to provide electricity to the electric utility grid.

F. 

Wind Energy System

shall mean a wind energy conversion system that converts wind energy into electricity through the use and consisting of a wind turbine, a tower, and associated control or conversion electronics, that has a rated capacity of not less than 2 kw for residential systems and not more than 100 kw for commercial systems and is intended for on-site production and consumption of electricity to serve the needs of the consumer.

(5) 

Approval Process for Wind Energy Systems:

A. Zoning Districts allowed to construct a Wind Energy System are as follows:

AO	Agricultural Open
SF-E	Single-Family Estate
R	Retail
CH	Commercial Highway CS Commercial Service LI Light Industrial
MI	Medium Industrial
PD	Planned Development

B. 

Specific Use Permit Required.

Wind Energy Systems shall be permitted by special use permit in the above-listed zoning district where structures of any sort are allowed subject to the regulations set forth in this ordinance. The procedures for consideration of an application for a Specific Use Permit shall be as specified in the City of Lancaster Development Code.

C. 

Public Hearing.

Prior to the installation of a system, other than a roof-mounted installation, an application for a Wind Energy System must be approved by the Planning and Zoning Commission after a public hearing. At the hearing the applicant may request a variance from the provisions of subsection (2)A, categories 3 and 4 [sic], subject to the restrictions of this Article. If the application is denied by the Planning and Zoning Commission an appeal may be made to the City Council within 15 days after denial. Prior to the hearing the City Secretary shall mail written notice of the hearing to all property owners within 200 feet of the site of the proposed Wind Energy System. If the applicant requests a variance the applicant must establish a hardship relating specifically to the proposed location of the system. A hardship may not be based upon the personal or financial needs of the applicant, but must be based upon conditions unique to that location including elevation, topography, slope, lot size, and the presence of trees, buildings or other obstacles to the movement of wind at the proposed location of the system.

D. 

Criteria for Granting Variances.

The criteria for granting variances shall be in compliance with the Lancaster Development Code, Section 2.10(d), and (1-10) [sic]

E. 

Building Permit Required.

A building permit is required before any Wind Energy System can be constructed in the City of Lancaster. The permit is to be issued by the Building Inspection Department after all requirements have been met as pertains in this Ordinance and the installation of Wind Energy Systems.

F. 

Permit Fee.

The appropriate permit fee as established in the City of Lancaster Master Fee Schedule. Any Wind Energy System constructed without the required building permit will be subject to a double permit fee charged for the violation.

G. 

Insurance Required.

Contractor of any Wind Energy System must provide a minimum amount of $300,000 liability insurance that covers the wind turbine and all other components, and such insurance coverage must be provided to the City at the time of application is made for a building permit. Residential and Commercial systems shall be included as part of the energy system owner's property insurance policy.

H. 

Roof-Mounted Wind Energy Systems.

When a Wind Energy System is designed to be erected on a building structure or roof an Engineer design from a State of Texas professional Engineer is required to certify the building or structure can withstand the imposed dead loads created by the weight, [and] movement of the Wind Energy System.

(Ordinance 2006-04-13, sec. 14.402, adopted 4/24/06; Ordinance 2008-10-44, sec. 1, adopted 10/27/08; Ordinance 2008-11-47, sec. 3, adopted 11/10/08; Ordinance 2010-04-09 adopted 4/26/10; Ordinance 2010-11-27, sec. 2, adopted 11/22/10; Ordinance 2010-12-30, sec. 2, adopted 12/13/10; Ordinance 2011-09-32, secs. 1, 2, adopted 9/26/11; Ordinance 2012-01-03, sec. 2, adopted 1/23/12; Ordinance 2018-06-12 adopted 6/25/18; Ordinance 2018-09-39 adopted 9/17/18; Ordinance 2018-11-47 adopted 11/12/18; Ordinance 2019-06-21 adopted 6/10/19; Ordinance 2021-06-22 adopted 6/28/21)

§ 4.03 Other Special Use Standards.

(a) Reserved for future use.

(b) 

Temporary Accommodation for Employees, Customers and Visitors.

(1) 

Temporary Accommodations.

Temporary accommodation for employees, customers and visitors may be provided as an ancillary use in commercial zoning districts provided that:

A. Such accommodation is clearly in support of the business operation,

B. No rental of such facilities to the general transient public occurs,

C. Accommodation is for temporary stays, not to exceed 30 days, and

D. No more than 5% of the building area is utilized for this ancillary use.

(Ordinance 2006-04-13, sec. 14.403, adopted 4/24/06; Ordinance 2011-08-17, sec. 2, adopted 8/8/11)

§ 4.04 Specific Use Permits (SUP).

(a) 

Permit Required.

A Specific Use Permit (SUP) is required for any use identified in the Land Use Table as requiring one. And for uses with standards where the standards are not being met, unless otherwise set out (See Use Standards). The procedure for requesting an SUP is set out in Article 11.00, Zoning Related Applications.

(b) 

Special Requirements:

The Planning and Zoning Commission in considering and determining its recommendations to the City Council on any request for a Specific Use Permit may require from the applicant plans, information, operating data and expert evaluation concerning the location and function and characteristics of any building or use proposed. The City Council may, in the interest of public welfare and to assure compliance of this Ordinance, establish conditions of operation, location, arrangement and construction of any use for which a permit is authorized. In authorizing the location of any of the uses listed as Specific Use Permits, the City Council may impose such development standards and safeguards as the conditions and locations indicate important to the welfare and protection of adjacent property from excessive noise, vibration, dust, smoke, fumes, gas, odor, explosion, glare, offensive view or other undesirable or hazardous conditions.

(c) 

Application for Specific Use Permit:

Any person, firm or corporation, either as land owner or tenant, may request the use of property which requires a Specific Use Permit. A Specific Use Permit may be granted after application has been properly made and a public hearing before the Planning and Zoning Commission and the City Council has been conducted. The proposed use must comply with all regulations and restrictions as contained in the Zoning Ordinance, codes, regulations, and conditions of the City of Lancaster, including, but not limited to the Electrical Code, the Building Code, the Fire Code, the Plumbing Code, and other applicable Ordinances and codes. In addition all requests for a Specific Use Permit must comply with all State and Federal laws and regulations applicable to such use. The Planning and Zoning Commission and/or City Council may enforce additional restrictions or stipulations as the facts and circumstances of each case may warrant.

(Ordinance 2006-04-13, sec. 14.404, adopted 4/24/06; Ordinance 2008-10-44, sec. 1, adopted 10/27/08)

§ 4.05 Floodplain Areas.

(a) 

Permitted Uses.

The following uses shall be permitted within that portion of a district which is designated as being within the 100-year floodplain by the City Engineer, provided they are allowed in the underlying zoning, and that they meet any additional requirements established in the City's Floodplain Regulations:

(1) 

Agriculture.

Agricultural activities including the ordinary cultivation of land or legal forms of animal husbandry.

(2) 

Utilities.

Local utilities

(3) 

Parks and Recreation.

Public or private parks, community centers, playgrounds, public golf courses.

(4) 

Private Recreation.

Private commercial open area amusements such as golf courses, driving ranges, archery courses and similar uses when approved by a Specific Use Permit.

(5) 

Private Open Space.

Private open spaces as part of a Planned Development (PD) District, provided such use does not interfere with the continuity of the City's Open Space System.

(b) 

Dumping, Excavating or Filling Floodplain.

Any dump, excavation, storage or filling operation within that portion of a district having a Floodplain designation shall require a permit from the City Engineer.

(c) 

Local Flooding May Occur in Other Areas.

The fact that land or property is or is not within a district having a Floodplain designation shall not constitute assurance that such land or property is not subject to local flooding and the designation of Floodplain in this ordinance shall not be so interpreted.

(Ordinance 2006-04-13, sec. 14.405, adopted 4/24/06)

§ 4.06 Temporary Uses and Structures.

(a) 

Temporary Uses.

(1) This Subsection includes by reference all temporary uses listed in the Land Use Chart.

(2) The temporary use shall not be intrusive or inconsistent with existing land uses in area, or with anticipated land uses that may be constructed during the life of the temporary use.

(b) 

Temporary Structures.

All buildings or other structures which are erected or located on the property in connection with the temporary use shall be removed not later than 10 days after the expiration of the time period for which the use was approved or as set forth in the conditions of approval.

(Ordinance 2006-04-13, sec. 14.406, adopted 4/24/06)

§ 4.07 New and Unlisted Uses.

(a) 

Review.

New and unlisted land uses which were not originally anticipated will likely be considered for location within the City. Such uses shall require a zoning ordinance amendment and shall be reviewed by the Planning and Zoning Commission and the City Council for inclusion in specific zoning districts or as part of a Planned Development (PD) zoning request.

(b) 

Conditions.

When considering requests for a new land use, the Planning and Zoning Commission and the City Council shall consider the potential effects of the use on adjacent properties in terms of requirements for services, visual impact, traffic generation, the extent to which the use is consistent with other uses allowed in the district, and other issues they deem appropriate.

(Ordinance 2006-04-13, sec. 14.407, adopted 4/24/06)

§ 4.08 Nonconforming Uses, Structures and Sites.

(a) 

Intent.

Within the zoning districts established by this ordinance, there may exist lots, structures and uses of land which were lawful before the effective date of this Ordinance, or amendment thereto, and which would be prohibited, regulated, or restricted under this Ordinance. It is generally the intent to permit these nonconformities to continue until they are removed or abandoned, or until such earlier time as they are ordered to be removed, but not to encourage their survival. It is further the intent that such nonconforming lots, buildings, or uses shall not be enlarged upon, expanded or extended, except as otherwise specifically provided, and that such nonconforming lots, buildings or uses may not be used as justification for adding other lots, buildings or uses prohibited elsewhere in the same zoning district. Except as otherwise provided, nonconforming uses are declared to be incompatible with permitted uses in the same zoning districts.

(b) 

Applicability.

The provisions of this chapter shall apply to lots, uses and buildings which become nonconforming by reason of the adoption of or an amendment to, this ordinance, as of the effective date of such amendment.

(c) 

Nonconforming uses.

(1) 

Exceptions.

A. Except as specified below, any use, building, or structure lawfully existing at the time of the enactment of this Ordinance or at the time of annexation into the City may be continued, even though the use, building or structure may not conform to the provisions of this Ordinance for the district in which it is located.

B. The right to continue nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and regulations reasonably protecting adjacent property.

C. Lawfully amortized as provided in this Code.

(2) 

Cessation of Nonconforming Use.

For the purposes of this Subsection, a use shall be deemed to have ceased or been abandoned when it has been discontinued for a total of 180 calendar days during any three (3) year period whether with the intent to abandon the use or not.

(3) 

Expansion of Nonconforming Use.

No existing building or premises devoted to a use that is not permitted by this Ordinance in the district in which such building or premises is located shall be enlarged or altered in a way which increases its nonconformity, except when required to do so by law or order, unless the use is changed to a use that is permitted in the district in which the building or premises is located, and except as follows:

A. Whenever a nonconforming use has been changed to a conforming use, the nonconforming use shall be terminated and shall not thereafter be changed to a nonconforming use.

(d) 

Nonconforming Building or Sites.

(1) 

City-Created Nonconformity of Structures.

In the event that the City takes an act or action which transforms a previously conforming structure for purposes of front, side and rear yard setback requirements into a nonconforming structure for the purposes of front, side and rear yard setbacks, then such structure shall be deemed to be in conformance with the required setback prescribed in this Ordinance. (For Land Use nonconformity, see Article 4.00 Permissible Uses.)

(2) 

Use of Nonconforming Buildings, Structures or Land.

A. No building or structure which was originally designed for or used as a nonconforming use shall again be put to a nonconforming use, where such use has ceased for 180 days or more during any three (3) year period.

B. The use of land, structures, and/or buildings involving individual structures with a replacement cost of $1,000 or less, which does not conform to the provisions of this Ordinance shall be discontinued within six (6) months from the enactment of this Ordinance. The nonconforming use of land and/or buildings involving individual structures with a replacement cost of $1,000 or less, which becomes nonconforming by reason of subsequent amendments to this ordinance shall be discontinued within six (6) months from the date of such amendment.

(3) 

Construction Approved Prior to Ordinance.

Nothing in this Ordinance shall be construed to require any change in the overall plans, construction, or designated use of any development, structure, or part thereof, where official approval and the required building permits were granted before the enactment of this Ordinance, or any amendment thereto, where construction, conforming with the plans, shall have been started prior to the effective date of this Ordinance or such amendment, and where such construction shall have been completed in a normal manner within the subsequent twelve (12) month period, with no interruption, except for reasons beyond the builder's control.

(4) 

Modifying nonconforming structures.

A. A structure that is nonconforming solely because its exterior wall construction does not comply with the regulation of the zoning district in which it is situated may be expanded or enlarged not to exceed fifty (50%) percent of the original floor area, but provided that the expansion or enlargement shall be in compliance with all the regulations of the zoning district, with the exception that the expanded exterior walls may be constructed with materials that match the existing exterior wall construction.

B. A nonconforming structure may be expanded or enlarged to exceed fifty (50%) percent of the floor area, providing the expansion or enlargement shall be in compliance with all the regulations of the district in which the structure is located.

C. For the purpose of this section, the fifty (50%) percent rule shall be cumulative with respect to time.

(5) 

Damage Due to Acts of God.

A. 

Damage in Excess or 50%.

Any nonconforming structure which is damaged more than 50% of its then appraised tax value above the foundation, by fire, flood, explosion, wind, earthquake, war, rot or other calamity or act of God, shall not be restored or reconstructed and used as it was before the damaging event.

B. 

Damage of 50% or Less.

If such structure is damaged 50% or less than its then appraised tax value above the foundation, it may be restored, reconstructed, or used as before, provided that the restoration or reconstruction is completed within twelve (12) months of the damaging event. The twelve (12) month period does not include any necessary litigation.

C. 

Lots Platted Prior to March 5, 1984.

The Building Official may permit the reconstruction of nonconforming single-family structures situated on platted lots approved prior to March 5, 1984. Such nonconforming single-family structures shall be deemed in conformance with this section as long as the use of the lot is allowed in the respective zoning district.

(6) 

Repair of Unsafe Buildings, Structures and Sites.

Nothing in this Ordinance shall be construed to prohibit the strengthening or repair of any part of any building or structure declared unsafe by proper authority, unless such repairs exceed fifty percent (50%) of the replacement cost of the building. If the repairs exceed 50%, the building shall be brought into conformity with all requirements of the zoning district and Building Code in which it is located.

(7) 

General Repairs and Maintenance.

A. On any nonconforming structure or portion of a structure containing a nonconforming use, no work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-load-bearing walls, fixture, wiring, or plumbing to an extent exceeding ten percent (10%) of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be.

B. If fifty percent (50%) or more of a nonconforming structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by a duly authorized 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.

(8) 

Moving of a Nonconforming Building or Structure.

No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, or on any other lot located in the City, unless every portion of the building or structure is made to conform to all the regulations of the district.

(9) 

Nonconforming Lot Sizes.

All lots used for storage that do not require a building and the use of such lot is made nonconforming by this Ordinance or amendments thereto shall cease to be used for such storage within six (6) months of the date of adoption of this Ordinance or amendments.

(Ordinance 2006-04-13, sec. 14.408, adopted 4/24/06)