In addition to the regulations for the zoning district in which the property is located the following supplemental regulations shall apply.
(Ordinance 1133, § 1(4-1000), 3-22-94)
(a)
In order to enhance the overall visual image of the city and to encourage some degree of design consistency, exterior masonry facades on all structures shall be provided as specified in the district site development standard for that particular zoning district.
(1)
Street facing walls.
Street facing walls shall be deemed any exterior wall elevation visible from the street and having an angle of less than 80 degrees from the building line cord.
(2)
Calculations.
In determining the wall area, the entire elevation from the foundation to the top plate exclusive of doors, windows and other penetrations shall be used.
(3)
Acceptable masonry facade material.
Only the following materials shall be considered as meeting the masonry requirements in any zoning district: natural stone, brick, precast concrete panels, true stucco, and/or glazed (common smooth face masonry units or smooth tilt wall surface are specifically prohibited unless used in combination with other types of concrete masonry units, and architectural enhancements on tilt wall, and do not exceed 25 percent of the area covered by concrete masonry units or tilt walls).
(4)
Exceptions to exterior masonry facade standards for R-1, R-1C, and R-1L zoning districts.
a.
Maintaining existing masonry percentage for a remodel or reconstruction of existing residential structures: At the time a building permit application is made, the existing masonry facade percentage shall be maintained, or exceeded, on the front and side elevations of existing residential structures located in the following zoning districts: R-1, R-1C, and R-1L. An alternative building material, such as fiber cement board, is permissible as an acceptable facade material when applied to the rear elevation or second story addition to an existing garage.
b.
Use of alternative building materials for a remodel or reconstruction of existing residential structures: At the time a building permit is issued, an exception for existing residential structures located in the following zoning districts: R-1, R-1C, and R-1L, remodel or reconstruction, may be granted to use an alternative building material, such as fiber cement board, as an acceptable facade material when applied to the front or side elevation when meeting the following requirements:
1.
The building official finds that literal enforcement of the masonry requirements will create unnecessary hardship because of extraordinary or exceptional physical condition(s) or situation(s), excluding financial hardship(s), unique to the specific piece of property. Such an exception would be granted based on information provided by a State of Texas registered structural engineer. Exceptions approved by the building official shall be in effect for only the structure specifically authorized by the building official and shall become null and void should no building permit be issued within 90 days or should the building permit for the specific structure expire.
2.
Prior to the building official making a determination, all property owners within 200 feet of the applicant’s property would be provided written notification regarding the applicant’s proposed use of alternative building materials. These property owners are provided the opportunity to contact the building official for additional information and, within 15 days of such notice being sent out, to submit in writing to the director of planning and development, a protest to the applicant’s request. If a written protest against such a proposal has been received by the director of planning and development from 20 percent or more of the property owners receiving notice, the determination to approve the proposal shall be considered by the city council.
3.
The building official will provide the applicant written verification of the decision and sent by registered mail or by other means to establish that the applicant is in receipt of the correspondence.
(Ordinance 1133, § 1(4-1001), 3-22-94; Ordinance 1732, §§ 4, 5, 4-11-06; Ordinance 1764, § 1, 1-23-06)
(a)
Private water wells:
(1)
Permit required.
It shall be unlawful to drill a private water well within the city before first obtaining a building permit from the city.
(2)
Private water wells; limits to uses; requirements.
a.
Private water wells within the corporate limits of the city shall be limited to irrigation purposes only.
b.
No private water well shall be utilized for domestic water purposes.
c.
Private water wells shall not be connected to the domestic water supply in any manner.
d.
Irrigation systems supplied by a private water well shall not have any other supply connections from another water source unless the design and construction of such connection is approved by the city, and any switching between such private water well and any other source shall be done only by city employees.
e.
All private water wells supplying water to an irrigation system shall have an approved double check valve assembly tested upon installation by a Texas Natural Resource Conservation Commission (T.N.R.C.C.) certified backflow prevention device tester or as required by T.N.R.C.C.
(3)
Additional requirements.
a.
Any water provided for irrigation purposes from the city’s public water supply to nonresidential customers under this section shall be subject to a commercial supplemental irrigation rate, calculated as one and one-half times the commercial and industrial water service rate as provided in section 30-35 of this Code.
b.
In addition to a water well permit, an electrical permit shall be obtained for any electrical installation in connection with the well.
c.
The contractor or person drilling the well shall be licensed by the state and registered with the city.
d.
Any person or firm performing electrical work shall be licensed by and registered with the city.
e.
The water well permit application shall include a plot plan of the well site, showing the locations of the well and all structures and distribution lines in the vicinity.
f.
All electrical work must be inspected and approved by city inspectors before placing the well into operation.
g.
Water well contractors must provide verification of registration of the well with the Texas Department of Water Well Licensing and Regulations within 60 days of well completion.
h.
The city has the legal authority to require the abandonment of an existing private water well if the well threatens the public water supply or the health of its citizens. All abandonment costs will be the responsibility of the owner. The abandonment procedures must comply with all applicable Texas Natural Resource Conservation Commission (T.N.R.C.C) Rules and Regulations.
i.
All wells shall be, while either in use or abandoned, covered on the top so as to prevent a person from falling into the well. All abandoned wells not properly covered shall be filled.
(4)
Abandonment of private water wells.
Abandonment of private water wells shall be done in accordance with T.N.R.C.C. requirements after proper notification to T.N.R.C.C.
(b)
Wellhead protection zone:
From and after the effective date [November 10, 1998] hereof, no new or additional fuel storage tanks or hazardous materials as defined by E.P.A. shall be located within 1,400 feet of any water well; no new or additional private water well shall be located within 1,400 feet of any fuel storage tank or hazardous materials as defined by E.P.A.; and no new or additional private water wells shall be located within 1,000 feet of any public water well. Exceptions to these prohibitions may be granted by the city council on a case-by-case basis provided that the council finds that such well or storage site will not adversely affect the public health, safety, or welfare. Exceptions approved by the council shall be in effect for only the well or storage site specifically authorized by council.
(Ordinance 1345, 11-10-98; Ordinance 1481, § 1, 6-26-01)
(a)
The purpose of this section is to promote the health, safety, morals, and general welfare of the citizens by establishing reasonable and uniform regulations pertaining to sexually oriented businesses so as to prevent the concentration of such businesses within the city.
(b)
Businesses fitting the definition of “sexually oriented business” as defined by this chapter, shall comply with the following locational requirements:
(1)
No person shall operate or cause to be operated a sexually oriented business within 1,000 feet of a church, public or private elementary or secondary school, public park, public library, residential use, property zoned for residential use or another sexually oriented business.
(2)
No person shall establish, operate, or cause to be operated, a sexually oriented business in any building structure or portion thereof containing another sexually oriented business.
(3)
The distance between a sexually oriented business and any adjacent structures other than another sexually oriented business shall be measured in a straight line without regard to intervening structures or objects, from the nearest portion of the building or structure used as a tenant space occupied for a sexually oriented business to the nearest property line of the premises of a church, public or private elementary or secondary school, public park, public library, or residential use.
(4)
The distance between any two sexually oriented business shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located or from the wall of the tenant space occupied as applicable.
(Ordinance 1133, § 1(4-1003), 3-22-94)
Except as otherwise provided herein, no land, building or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, or other form of air pollution; heat, cold, dampness, electrical or other substance, condition or dangerous element in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises. Permitted uses as set forth in this chapter shall be undertaken and maintained only if they conform to the regulations of this section. The following standards shall apply to the various zoning districts as indicated:
(1)
Exterior noise.
The following noise standards, unless otherwise specifically indicated, shall apply for all property within the city.
a.
Residential district.
For noise emanating from a facility on property located within any “R” residential district, the allowable noise level at any property line shall not exceed the following:
Time Interval | Allowable Exterior Noise Level |
|---|---|
10:00 p.m. to 7:00 a.m. | 50 dB(A) |
7:00 a.m. to 10:00 p.m. | 55 dB(A) |
b.
For noise emanating from a facility on property located within any “C” commercial district, the allowable noise level shall be as follows:
Time Interval | Allowable Exterior Noise Level |
|---|---|
10:00 p.m. to 7:00 a.m. | 65 dB(A) |
7:00 a.m. to 10:00 p.m. | 70 dB(A) |
c.
For noise emanating from a facility on property located within the “TX 10” or “LI” the maximum allowable noise level shall be as follows:
1.
Properties within 150 feet of any residentially zoned property shall comply with exterior noise standard for “C” commercial districts.
2.
Properties that are 150 feet or more from any residentially zoned property shall be subject to the exterior noise standards for the “I-1” light industrial district.
d.
“I-1” light industrial district.
For noise emanating from a facility on property located within the “I-1” light industrial district, the allowable noise level shall be 75 dB(A).
e.
“I-2” heavy industrial district.
For noise emanating from a facility on property located within the “I-2” manufacturing district, the allowable noise level shall be 85 dB(A).
f.
All zoning districts.
Noise emanating from property within any zoning district may not exceed:
1.
The allowable noise level plus up to five dB(A) for a cumulative period of no more than 30 minutes in any hour; or
2.
The allowable noise level plus six to ten dB(A) cumulative period of 15 minutes in any hour; or
3.
The allowable noise level plus 11 to 15 dB(A) for a cumulative period of five minutes in any hour; or
4.
The allowable noise level plus 16 dB(A) or more for a cumulative period of one minute in any hour.
g.
Ambient noise.
In the event the ambient noise level exceeds the allowable noise levels in subparagraphs b., c., and d. above, the allowable noise level for the property in questions shall be increased to equal the maximum ambient noise level.
h.
Noise sources not included.
For the purpose of determining compliance with the noise standards in this section, the following noise sources shall not be included:
1.
Noises not directly under the control of the property owner, occupant, or operator of the premises.
2.
Noises emanating from construction, grading, repair, remodeling or any maintenance activities between the hours of 7:00 a.m. and 8:00 p.m.
3.
Noises of safety signals, warning devices and emergency pressure relief valves.
4.
Transient noise of mobile sources, including automobiles, trucks, aircraft, and railroads.
5.
Activities conducted on public parks, playgrounds and public or private schools.
6.
Occasional outdoor gatherings, public dances, shows and sporting and entertainment events, provided said events are conducted pursuant to a permit issued by the appropriate jurisdiction relative to the staging of said events.
7.
Air conditioning or refrigeration systems or associated equipment.
i.
General standards regarding noise measurement.
For the purpose of determining compliance with this section, noise levels are to be measured at any residential property line within any permanent residential zoning district.
j.
Standards regarding noise measurement for pre-existing manufacturing uses.
For the purpose of determining compliance with the foregoing subparagraphs c. through f., and with regard to noise emanating from property already zoned manufacturing at the time this chapter is enacted, noise levels are to be measured at residential property lines within residential zoning districts as such residential zoning district lines exist at the time this chapter is enacted.
(2)
Vibration.
No vibration from any use within any zoning district shall be permitted which is perceptible without instruments at any residential property line within any permanent residential zoning district. For the purpose of determining compliance with this standard, and with regard to vibration generated from any property already zoned manufacturing at the time this chapter is enacted, vibration is to be measured at residential property lines within residential zoning districts as such residential zoning district lines exist at the time this chapter is enacted.
(3)
Glare.
Primary and secondary glare (both direct and reflective) having a source on private property shall not be permitted to produce visual discomfort for viewers on other property in any residential zoning district or on adjacent street rights-of-way. Direct glare which produces visual discomfort is to be corrected or avoided by reducing the intensity of the light source and/or the uses of directional lighting or shading devices. Welding, new construction and repairs of facilities shall be exempt from these regulations. Provided, however, that no requirements will be imposed in derogation of federal or state safety and health regulations.
(4)
Particulate air contaminants.
No emissions, dust, fumes, vapors, gases, or other forms of air pollution shall be permitted in violation of the rules and regulations of the state air control board and the environmental protection agency.
(5)
Exceptions from performance standards.
The owner or operator of any building, structure, operation or use which violates any performance standards may file an application for a variance from the provisions thereof wherein the applicant shall set forth all actions taken to comply with said provisions and the reasons why immediate compliance cannot be achieved. The board may grant exceptions with respect to the time of compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum feasible compliance with the provisions of this section of the chapter. In its determinations, the board shall consider the following:
a.
The magnitude of the nuisance caused by the violation.
b.
The uses of property within the area of impingement by the violations.
c.
The time factors related to study, design, financing and construction of remedial work.
d.
The economic factors related to age and useful life of the equipment.
e.
The general public interest, welfare and safety.
(6)
Exemptions.
The provisions of this section shall not apply to manufacturing uses or expansions thereof upon adjacent property, which exist within the city on the effective date of this chapter.
(Ordinance 1133, § 1(4-1004), 3-22-94)