No special use shall be established and no building permit or Certificate of Occupancy (C.O.) may be issued for any use designated by this Ordinance as a special use within a zoning district until a Special Use Permit (Special Use Permit) is issued by the City. An application for a Special Use Permit shall be accompanied by a site plan prepared in the manner described in this Ordinance. The site plan shall illustrate the proposed use to be established, its relationship to adjoining properties, and how it meets the approval standards set forth in this Ordinance. The conditions in this division apply to the listed uses when referenced in the Use Regulations of a particular zoning district of DIVISION 1 through 14 of ARTICLE IV.
(Ordinance 6051-12 adopted 5/17/12)
A special use is a land use that, because of its unique nature, is compatible with the permitted land uses in a given zoning district only under certain conditions. Such conditions include a determination that the external effects of the special use in relation to the existing and planned uses of adjoin [adjoining] property and the neighborhood can be mitigated through imposition of additional standards and conditions. This subsection sets forth the standards used to evaluate proposed special uses and the procedures for approving a permit application.
(Ordinance 6051-12 adopted 5/17/12)
The following general rules apply to all special uses:
(a) 
The designation of a use in a zoning district as a special use does not constitute an authorization or assurance that such use will be approved.
(b) 
Approval of a Special Use Permit shall authorize only the particular use for which the specific Special Use Permit is issued.
(c) 
No use authorized by a Special Use Permit shall be enlarged, extended or relocated, nor may the number of living unit equivalents be increased, unless an application is made for approval of a new Special Use Permit in accordance with the procedures set forth in this division.
(d) 
Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the City Code of Ordinances, or any permits required by regional, State and Federal agencies.
(Ordinance 6051-12 adopted 5/17/12)
When considering applications for a Special Use Permit, the City Planning and Zoning Commission and the City Council shall evaluate the impact of the special use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. Decisions shall be rendered on the basis of the site plan and other information submitted. The City Planning and Zoning Commission and the City Council shall specifically consider the extent to which:
(a) 
The proposed use at the specified location is consistent with the policies embodied in the Comprehensive Plan;
(b) 
The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;
(c) 
The proposed use meets all supplemental standards specifically applicable to the use, as established in the Supplementary District Regulations in Article V.
(d) 
The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods, and (as required by the particular circumstances) includes improvements or modifications (either on-site or within the public rights-of-way) to mitigate development-related adverse impacts, including but not limited to the following:
(1) 
Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire;
(2) 
Off-street parking areas, loading areas, and pavement type;
(3) 
Refuse and service areas;
(4) 
Utilities with reference to location, availability, and compatibility;
(5) 
Screening and buffering, features to minimize visual impacts, and/or setbacks from adjacent uses;
(6) 
Control of signs, if any;
(7) 
Control of exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;
(8) 
Required yards and open space;
(9) 
Height and bulk of structures;
(10) 
Hours of operation;
(11) 
Exterior construction material, building design, and building facade treatment;
(12) 
Roadway adjustments, traffic-control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets; and
(13) 
Provision for pedestrian access/amenities/areas.
(e) 
The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity; and, there are no nuisances attributed to noise, odors, or dust.
(Ordinance 6051-12 adopted 5/17/12)
A temporary use permit for a special event may be issued by the City Manager, or his or her duly appointed representative subject to the following conditions:
(a) 
A legible and complete application for a permit shall be made at least fifteen (15) business days prior to the date such temporary special event shall commence operation.
(1) 
If a legible and complete application for a permit under this section is submitted less than fifteen (15) business days prior to the commencement date of any such event the applicant, specifically including nonprofit organizations, shall pay a late submittal fee in the amount of one hundred dollars ($100.00) per day for each day or part of a day less than fifteen (15) business days before the event that the submittal is made.
(2) 
A legible and complete application for a permit under this section that is submitted less than three (3) business days prior to the commencement date of any such event shall be subject to the foregoing late submittal fee. In addition the City makes no assurances that the review of the permit application and the issuance of the permit will be complete for any such application prior to the planned date of the event. Further, it shall be a violation of this section to commence operation of a temporary special event without first receiving a temporary special event permit.
(3) 
A permit pursuant to this section shall be granted or denied by the City Manager or his or her duly appointed representative within fifteen (15) business days after submission to the City of a legible and complete permit application.
(4) 
A maximum of six (6) special event permits may be issued per year to the same address, property owner, and/or business owner.
(b) 
The application for a permit shall be submitted to the City of Nolanville, and shall contain the following information in order to be considered complete:
(1) 
Name, address, and telephone number of person, organization, or company conducting the event and property owner.
(2) 
Date or dates of the special event.
(3) 
Name of any and all food vendors participating in the event including, but not limited to, the types of foods and beverages to be offered to the public and the manner in which said foods and beverages are packaged, prepared and served.
(4) 
A legible site plan drawn to scale and/or with dimensional detail showing the location, size, number and configuration in detail of the different component parts of the temporary special event including, but not limited to, the following:
(A) 
All shows;
(B) 
Concessions;
(C) 
Amusements (specifically including, but not limited to, inflatable slides and jump houses) or rides;
(D) 
Businesses;
(E) 
Signs, including balloons or inflatable devices, that are visible from the public right-of-way
(F) 
Entrances and exits;
(G) 
Parking area;
(H) 
Sanitary facilities;
(I) 
Loudspeakers or sound-amplification devices (together with an indication regarding their directional orientation);
(J) 
Any other pertinent information.
(5) 
A written lease or agreement from the owner of such property granting the applicant permission to operate a temporary special event on said property during the dates of the proposed application. The written lease or agreement must be signed by the owner of such property and be properly notarized.
(6) 
The approximate number of persons who are anticipated to attend and, if applicable, the number and types of animals and vehicles that will constitute such event.
(7) 
Proof of public liability insurance; may be required to have a minimum combined limits of $1,000,000.00.
(c) 
The temporary special event shall be set up and operated in accordance with and pursuant to the approved site plan and any conditions imposed by the permit. Before any modifications, revisions or deletions are made that conflict with the approved site plan including, but not limited to, the addition or removal of signs, concessions[,] vendors, amusements and rides an amended site plan shall be submitted for review and approval three (3) business days prior to commencement or continuation of the event in accordance with and pursuant to the amended site plan. Resubmittals or revised site plans shall be limited to one (1) change per event. Notwithstanding the timely submittal of the amended site plan of the special event shall not be authorized to operate in accordance with and pursuant to said amended site plan until such time as the amended site plan is approved. The amended site plan shall be approved or disapproved no later than three (3) business days after submittal.
A submittal, including a submittal for an amended site plan, shall not be reviewed until it is complete. An amended site plan shall be submitted together with all information, detail and supporting documentation as is required for the initial submission to obtain a permit. In addition, the submission of an amended site plan shall be accompanied by the appropriate fee. Failure to pay the fee or the omission of any component required for an original submittal may result in the delay, denial or revocation of the requested permit and/or amended site plan.
(d) 
Exception.
A religious or educational program, presentation or fund-raising event that is contained entirely upon or entirely within the confines of private property and does not require the temporary use of or closing off of public streets, lanes or public property; does not include sales, vendors, or transferring of money; that lasts or runs for no more than eight hours on any one day and is limited to a total of two (2) consecutive days in any calendar month; and, which is planned, presented, performed, offered and sponsored by and for the sole benefit of a nonprofit entity (“exempt event”) shall not be required to obtain a special event permit. The fact that an event or gathering is held on Killeen Independent School District (“KISD”) property does not, in and of itself, make the event or gathering an exempt event. However, any event or gathering that is a component of, and which is specifically related to, the educational mission, programming and curriculum of KISD including KISD sponsored extracurricular activities is an exempt event. Documentation of nonprofit status must be provided to the City.
(e) 
Safe and orderly movement of normal traffic shall not be substantially interrupted. The City may require the permit holder to provide additional signage for traffic control and safety-related issues, as deemed necessary by staff. If any special event is located adjacent to or abutting a TXDOT-controlled road, a TXDOT sign permit must be obtained and signs must be in place before the event starts. (The specific requirement for TXDOT signs may be waived if staff determines that sufficient traffic-control measures are already in place.)
(f) 
The temporary special event shall not impede the movement of firefighting equipment, ambulances or any other emergency vehicle.
(g) 
Waste from nondomestic animals shall be removed daily from the premises which are the subject of the site plan. Animals shall be kept at least three hundred (300) feet away from any residence or commercial establishment during non-operating hours of such event.
(h) 
The application shall be reviewed and approved or disapproved by the building official, police department, and fire department as well as the City Manager, or his or her duly appointed representative for traffic control, security, fire and other health and safety related issues.
(i) 
Any person or entity that seeks a permit for an event shall be required to pay all costs and expenses including, but not limited to, labor and overtime costs as well as materials, gasoline and equipment rental or usage incurred by the City to provide on-site police protection for the event and its participants as well as any costs and expenses incurred by the City to erect and take down warning signs, cones and barricades along and about the course to be traveled by the event participants. The City may require that the person or entity seeking a permit or to whom a permit is issued post a cash bond or deposit with the City against which the City may recover all such costs and expenses. Failure to post such a cash deposit or bond may result in the denial of the permit application or revocation of a previously issued permit. Events that are sponsored entirely, or in part, by the City may, in the sole discretion of the City, be exempted from the requirement to post a cash deposit or bond for such City-sponsored event. In the event that security precautions for the event are materially different than those contained in the permit application or in the event public safety is or may be compromised, then such concerns shall first be communicated by a City representative to the permit holder or designee of the permit holder in an effort to expeditiously to resolve any such public safety concerns. In the event such public safety concerns are not adequately addressed, the City Manager or his or her duly appointed representative may revoke the permit.
(j) 
Only one (1) race or rally upon and across the roads, streets and thoroughfares of the City shall be allowed per day unless otherwise approved by the City. Dates for such races or rallies shall be assigned by the police department and maintained at the Nolanville City Hall. If two (2) or more such race or rally events are planned for the same date, the special event permit will be awarded first to a race or rally event that is sponsored entirely by the City. In all other circumstances, the special event permit shall be awarded to the race or rally event that first submits a fully completed permit application for the date in question.
(k) 
The permit will be valid for a maximum period of five (5) days. If the permit is issued in conjunction with a seasonal sales permit, this permit shall last for no more than three (3) days and will expire the same day as the seasonal sales permit expires.
(l) 
It shall be unlawful for any person to “hawk” or wave patrons into a special event.
(m) 
A special event permit may be denied if:
(1) 
A special event permit has been granted for another special event at the same place and time; or
(2) 
The proposed special event will unreasonably disrupt the orderly flow of traffic and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available; or
(3) 
The application is incomplete; or
(4) 
The applicant fails to comply with or the proposed special event will violate a City code or other applicable law, unless the prohibited conduct or activity would be allowed under this section; or
(5) 
The applicant makes a false statement of material fact on an application for a special event permit; or
(6) 
The applicant, or the operator of the event (the “event operator”), or the owner of the premises on which the event is planned (the “property owner”) has had a special event permit revoked within the preceding six (6) months or the applicant, event operator or property owner have individually or collectively entered a plea of guilty and/or been convicted of two (2) or more violations of a condition or a provision of a special event permit or of this section within the preceding eleven (11) months; or
(7) 
The proposed special event would unduly burden City services, and pose a risk to the public health, safety and welfare.
(n) 
The City may revoke a special event permit if:
(1) 
The applicant fails to comply with or the special event is in violation of a condition or a provision of the permit or the site plan and any amended site plan, an Ordinance of the City, or any other applicable law; or
(2) 
The permit holder made a false statement of material fact on an application for a special event permit; or
(3) 
The special event unduly burdens City services or unreasonably disrupts the public order and poses a risk to the public health, safety and welfare.
(A) 
The applicant, event operator, and/or the property owner shall immediately, upon receiving notice that the City has revoked the special event permit, cause the event to cease operations and close and shut down all component parts of the event. At or about the same time, the applicant, event operator, and/or the property owner shall ask or direct all customers, visitors and patrons to leave the premises on which the event is being held.
(B) 
The applicant, event operator, and/or the property owner may appeal the revocation of the special event permit to the City Manager by filing a written request for appeal of said revocation with the City Secretary’s Office, the City Manager’s Office and the department that revoked said permit within three (3) calendar days after the permit was revoked.
(C) 
The written request for appeal shall identify the contact person for the special event and provide the contact person’s telephone number, e-mail address and fax number to assist in scheduling a hearing on said appeal. The written request for appeal shall also state in detail what actions have been or will be taken to guarantee that the conditions which gave rise to the revocation will not recur.
(D) 
Such an appeal shall not stay the revocation of the permit or authorize the continued or renewed operation of the special event.
(E) 
The revocation appeal hearing shall, to the extent reasonably practicable, be scheduled to occur within three (3) business days after receipt of the written request for appeal. The appeal shall be heard by the City Manager or the City Manager’s duly authorized representative. The applicant, event operator, or property owner may present information regarding the revocation and the actions that have been taken or will be enacted to prevent a recurrence of the conditions that led to the permit revocation. City staff shall also be allowed to present information regarding the revocation and opine regarding the continued or renewed operation of the special event with the additional conditions proposed by the applicant, event operator, or property owner.
(F) 
The City Manager shall uphold the revocation or overrule the revocation. The City Manager may also overrule the revocation and impose such additional conditions on the continued or renewed operation of the special event as the City Manager deems prudent to avoid a recurrence of the conditions that led to the permit revocation. If the City Manager overrules the permit revocation, the operation of the special event may be renewed or continued provided that any and all additional conditions for operation are enacted and observed.
(G) 
Any aggrieved party may appeal the City Manager’s determination to the Zoning Board of Adjustment in the manner provided for appeals of an administrative official’s decision. The special event may be renewed or continued during the pendency of an appeal to the Zoning Board of Adjustment if and only if the City Manager overrules the permit revocation and provided that any and all additional conditions for operation imposed by the City Manager are enacted and observed.
(o) 
The granting of a special event permit does not relieve the applicant, event operator or property owner from complying with all other provisions of the City’s Code of Ordinances (e.g. tent permits, building permits, electrical permits, food establishment and handling permits). All other permits and licenses required by code or other law for specific activities conducted in conjunction with or as a part of the special event must be applied for separately in a form satisfactory to the City.
(p) 
A person commits an offense if he/she:
(1) 
Commences or conducts a special event without the appropriate permits or fails to comply with any requirement or condition of a permit or this Ordinance; or
(2) 
Participates in a special event for which a permit has not been granted, or for which a permit has been suspended or revoked; or
(3) 
Sets up or operates the special event in a manner inconsistent with the approved site plan or any subsequently approved amended site plan.
(Ordinance 6051-12 adopted 5/17/12)
A commercial communication tower shall comply with the following standard:
(a) 
Height.
The height of commercial communication towers shall be measured from the average grade of the ground adjacent to the base to the highest point on the structure. If located on a building, the height of the tower shall include the height of the building. Commercial communication towers shall not be subject to the height regulations of the district in which they are located, provided that they shall not encroach into or through any established public or private airport approach path as established by the Federal Aviation Administration.
(b) 
Setbacks.
The principal support structure of all commercial communication towers shall conform to the minimum setback standards of the district in which the use is located. In addition, the following setback standards shall apply to all commercial communication towers:
(1) 
Commercial communication towers shall be located so as to provide a minimum distance from the tower to all property lines equal to twenty percent (20%) of the height of the tower.
(2) 
Commercial communication towers shall be set back a minimum of fifty (50) feet from any existing or planned street right-of-way line.
(3) 
Commercial communication towers shall be set back a minimum of fifty (50) feet from any property line adjacent to a residential district.
(c) 
Residential districts.
When a commercial communication tower is proposed in or adjacent to a residential district, it shall be demonstrated that existing or approved commercial communication towers within the proposed service area cannot accommodate the equipment planned to be located on the proposed commercial communications tower. Factors to be considered in evaluating the practicality of siting a tower would include structural capacity, RF interference, geographic service area requirements, and cost (if fees and costs for sharing would exceed the cost of the new tower).
(d) 
Anchor location.
Commercial communication tower peripheral supports and guy anchors may be located within required yard setbacks, provided that they shall be located entirely within the boundaries of the property on which the tower is located and shall be located no closer than five (5) feet from any property line and no closer than twenty (20) feet from a property line if the tower is adjacent to a single-family residential district or residential uses. All commercial communication tower supports and peripheral anchors shall be set back a minimum of fifty (50) feet from any existing or planned street right-of-way line.
(e) 
Location of accessory structures.
All structures accessory to a commercial communication tower, other than peripheral guy anchors, shall conform to the setback standards for the district in which the use is located.
(f) 
Fencing.
A solid fence or wall of brick, stone or approved masonry construction not less than eight feet in height from finished grade shall be constructed around each commercial communication tower and around each guy anchor, if used. Access to the tower shall be through a locked gate. Barbed wire shall be used along the top of the fence or wall if it is necessary to preclude unauthorized access to the tower.
(g) 
High voltage signs.
If high voltage is necessary for the operation of the commercial communication tower and, it is present in a ground grid or in the tower, signs located every twenty (20) feet and attached to the fence or wall shall display in large bold letters the following: “HIGH VOLTAGE - DANGER.”
(h) 
Landscaping and screening.
Commercial communication towers shall comply with screening requirements in that a landscape screen or wall shall be placed around the perimeter of the tower and any accessory structures, including guy anchors, provided that the screening requirement shall be waived when the base of the tower is not visible from adjacent lots or rights-of-way. Landscaping shall be placed on the outside of fences.
(i) 
Additional uses permitted on lot.
Commercial communication towers may be located on lots containing another principal use, and may occupy a leased parcel on a lot meeting the minimum lot size requirement of the district in which it is located. Towers and their associated equipment shall be separated from other structures on the lot by a minimum distance of fifty (50) feet.
(j) 
Aircraft hazard.
Commercial communication towers shall not encroach into or through any established public or private airport approach path as established by the Federal Aviation Administration.
(k) 
Shared use.
To encourage shared use, all applicants for commercial communication towers shall issue and advertise for a two (2) week period a request for information (RFI) to obtain information from potential lessors.
(l) 
Removal of obsolete facilities.
All obsolete or unused commercial communication towers shall be removed within twelve (12) months of cessation of use.
(m) 
Radiation standards.
A commercial communication tower shall comply with current Federal Communications Commission standards for non-ionizing electromagnetic radiation (NIER).
(Ordinance 6051-12 adopted 5/17/12)
A private country club with a golf course shall only be permitted on a site with fifty (50) acres or more. A private country club without a golf course shall only be permitted on a site with twenty (20) acres or more. Such a club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts and similar recreational or service facilities.
(Ordinance 6051-12 adopted 5/17/12)
The issuance of permits for construction and occupancy of an accessory dwelling shall be subject to compliance with the following conditions:
(a) 
The accessory dwelling shall be located on the same lot/tract as the existing primary dwelling and located in a separate structure.
(b) 
An accessory dwelling shall not be located on any lot/tract of less than two (2) acres.
(c) 
No more than one accessory dwelling per tract or lot shall be allowed.
(d) 
Accessory dwellings shall not be used as rental units.
(e) 
The accessory dwelling shall be serviced by the same utility meter as the primary dwelling, and the building materials and architecture will be similar to or in concert with the primary dwelling.
(f) 
The habitable floor area of the accessory dwelling shall not exceed fifty percent (50%) of the habitable floor area of the primary dwelling. The maximum habitable floor area shall not exceed two thousand (2,000) square feet.
(g) 
An accessory dwelling shall conform to the same side and rear yard setbacks as provided for the primary dwelling in the zoning district in which it is located.
(h) 
The front setback for an accessory dwelling shall be behind the primary structure at a point not closer than ten (10) feet from the rear wall line of the primary dwelling.
(i) 
In no case shall the combined area of the primary dwelling, accessory dwelling and/or other accessory buildings exceed the maximum percentage of building coverage allowed for the zoning district in which the structures are located.
(Ordinance 6051-12 adopted 5/17/12; Ordinance Z22-05 #3 adopted 5/19/2022)
No kennel shall be located within fifty (50) feet of any property line, unless it is completely enclosed and soundproofed so that no noise from the kennel is audible at any bounding property line.
(Ordinance 6051-12 adopted 5/17/12)
Manufactured home parks and manufactured home dwellings within a manufactured home subdivision shall be subject to the following requirements:
(a) 
Manufactured home parks and manufactured home subdivisions with density exceeding one dwelling unit per two acres shall connect to the sanitary sewer system of the City. Existing manufactured home parks or manufactured home subdivisions shall not be enlarged, expanded or additional manufactured homes permitted unless the same shall be connected to the sanitary sewer system of the City.
(b) 
Exterior boundaries of manufactured home parks shall be developed with a masonry wall constructed of brick, stone or other approved material having a minimum height of six (6) feet and designed in an irregular or undulating pattern to create an attractive border. The land between the wall and the public street improvements shall be landscaped with street trees and other landscaping materials and shall be maintained by the owner of the manufactured home park.
(c) 
Notwithstanding any other provision of this Ordinance, manufactured home sites in manufactured home parks and manufactured home lots within manufactured home subdivisions shall be developed according to the dimensional regulations for manufactured home dwellings set forth in ARTICLE IV, DIVISION 7 of this Ordinance.
(Ordinance 6051-12 adopted 5/17/12)
The establishment of a sexually oriented business shall include the following:
(a) 
The opening or commencement of any sexually oriented business as a new business;
(b) 
The conversion of an existing business, whether or not a sexually oriented business, to a sexually oriented business;
(c) 
The addition of any sexually oriented business to any other existing sexually oriented business; or
(d) 
The relocation of any sexually oriented business.
(e) 
A sexually oriented business shall be in accordance with the procedures and standards of Ordinance No. 3003-07-20-2009 of the City of Nolanville as Amended [article 4.05 of the Code of Ordinances].
(Ordinance 6051-12 adopted 5/17/12)
(a) 
Residential lots shall not be platted into transmission pipeline easements or rights-of-way.
(b) 
No building, structure, pool or spa shall be constructed in or moved into the transmission pipeline easement or right-of-way.
(c) 
Limited parallel fencing may be constructed within the transmission pipeline easement or right-of-way. Cross fencing may be constructed, provided that a letter of approval is obtained from the transmission pipeline entity.
(Ordinance 6051-12 adopted 5/17/12)
An animal clinic or animal hospital is a facility where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use. A veterinary hospital (inside pens) shall be wholly enclosed in a building that is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property boundary line.
(Ordinance 6051-12 adopted 5/17/12)
No veterinary hospital (outside pens) shall be located within fifty (50) feet of any property line, unless it is completely enclosed and soundproofed so that no noise from the outside pens is audible at any bounding property line.
(Ordinance 6051-12 adopted 5/17/12)
The building, creation, [or] establishment of a package store shall be subject to the conditions of this section. A Package Store shall be for sale of alcoholic beverages for off-premises consumption. Any exceptions to the following conditions shall require the approval of the City Council:
(a) 
The property, if located outside the commercial zone of Business Highway 190, must meet the following criteria:
(1) 
Be part of a commercial development containing a minimum of 12,000 square feet of leasable retail floor space, i.e., shopping center or mall.
(2) 
Be located a minimum of three hundred (300) feet measured from the front door of the establishment to any “R” zoned property by the most commonly traveled public roadway.
(3) 
A building or premises shall be used only for the following purposes: Sale of alcoholic beverages for off-premises consumption or any uses permitted in the “B” zoning of that property.
(b) 
No side yards are required except that on a corner lot, side yard on a street shall be twenty-five (25) feet. A lot abutting an “R” district shall have a side yard of no less than thirty (30) feet. A rear yard is not required except when it abuts upon an “R” district in which case there shall be a rear yard of not less than thirty (30) feet.
(c) 
Where any structure is erected, reconstructed or converted for beer and wine retail sales, parking spaces shall be provided in the ratio of not less than one (1) parking spaces for each two hundred (200) square feet of floor space in the building which is used for beer and wine retail sales. Parking areas shall be off-street parking. Such parking space may be located adjacent to the building. Two (2) or more owners may join together to provide the parking space.
(Ordinance 6051-12 adopted 5/17/12)
Restaurant/Club shall be subject to the conditions of this section. Any exceptions to the following conditions shall require the approval of the City Council:
(a) 
Regulations and Penalties Applicable.
(1) 
During any consecutive four (4) month period, a restaurant/club must produce at least fifty-one percent (51%) of its total revenues, exclusive of tips and gratuities, from the provision of food service. Documentation of this requirement may be affidavit of a certified public accountant or by examination of the books by the City at the City’s option. No more than two (2) request[s] for such documentation shall be made of any restaurant/club during any calendar year by the City, unless good cause is shown as determined by the City Council in a hearing before the Council requested by the Mayor asking that a restaurant provide the City with the documentation requested on more than two (2) occasions during one (1) calendar year. The restaurant must be given fourteen (14) days’ notice of such hearing.
(2) 
The failure of any restaurant/club to allow its books to be inspected by the City or provide an affidavit of compliance from a certified public accountant within fourteen (14) days of a request being made by the City to verify that the provisions of this section are being complied with as well as the failure to obey any other provisions of the Ordinance of the City of Nolanville concerning the sale of beer, wine and/or alcoholic beverages, or the operation of a private club, or the Ordinance of the City of Nolanville, shall result in the following:
(A) 
Notification in writing mailed to owner/operator that a violation exists, and what such violation is.
(B) 
The notification shall give the owner/operator fifteen (15) days in which to correct the violation.
(C) 
If the violation is not corrected within fifteen (15) days, a fine of up to two hundred fifty dollars ($250.00) shall be assessed for each violation. Each day the violation shall exist shall be considered as a separate violation.
(b) 
No side yards are required except that on a corner lot, side yard on a street shall be twenty-five (25) feet. A lot abutting an “R” district shall have a side yare of no less than thirty (30) feet. A rear yard is not required except when it abuts upon and [an] “R” district in which case there shall be a rear yard of not less than thirty (30) feet.
(c) 
Where any structure is erected, reconstructed or converted for beer and wine retail sales, parking spaces shall be provided in the ratio of not less than one (1) parking spaces for each two hundred (200) square feet of floor space in the building which is used for beer and wine retail sales. Parking areas shall be off-street parking. Such parking space may be located adjacent to the building. Two (2) or more owners may join together to provide the parking space.
(d) 
Hours of operation shall be between 6:00 a.m. and 12:00 p.m.
(Ordinance 6051-12 adopted 5/17/12)
A Tavern is designed primarily to accommodate the sale of alcoholic beverages to include beer and wine for on-premises consumption. A Tavern shall be subject to the conditions of this section. Any exceptions to the following conditions shall require the approval of the City Council:
(a) 
Uses Allowed.
A Tavern shall be restricted to indoor areas, unless in the Special Use Permit application a request is made for outdoor area use. An Outdoor Tavern shall:
(1) 
Be enclosed by a solid fence or wall six (6) feet in height.
(2) 
Be lighted when in use. Lighting shall be sufficient to illuminate the area in use but shall not be less than six hundred (600) lumens of light for every five hundred (500) square feet.
(3) 
Have lighted fire exits in accordance with the Standard Fire Code.
(4) 
Have all required fire extinguishers equipped in accordance with the Standard Fire Code.
(b) 
No side yards are required except that on a corner lot, side yard on a street shall be twenty-five (25) feet. A lot abutting an “R” district shall have a side yard of no less than thirty-five (35) feet. A rear yard is not required except when it abuts upon and [an] “R” district in which case there shall be a rear yard of not less than thirty-five (35) feet.
(c) 
Where any structure is erected, reconstructed or converted for beer and wine retail sales, parking spaces shall be provided in the ratio of not less than one (1) parking spaces for each two hundred (200) square feet of floor space in the building which is used for beer and wine retail sales. Parking areas shall be off-street parking. Such parking space may be located adjacent to the building. Two (2) or more owners may join together to provide the parking space.
(d) 
Hours of operation shall be between 11:00 a.m. and 2:00 a.m.
(Ordinance 6051-12 adopted 5/17/12)
A Tattoo Studio, Body Piercing Studio, and Smoke Shop service are services designed primarily to accommodate adults and shall be subject to the conditions of this section. Any Tattoo Studio, Body Piercing Studio, or Smoke Shop shall comply with the State regulations, all of which are adopted hereby and made a part hereof as if fully set out herein. Any exceptions to the following conditions shall require the approval of the City Council:
(a) 
Uses Allowed.
A Tattoo Studio, Body Piercing Studio, and Smoke Shop shall be restricted to indoor areas.
(b) 
Hours of operation shall be between 11:00 a.m. and 11:00 p.m.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
A gun range (indoor) shall be wholly enclosed in a building that is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line.
(b) 
Hours of operation shall be between 9:00 a.m. and 9:00 p.m.
(c) 
A gun range (indoor) shall be wholly enclosed in a building in which in no case shall a projectile penetrate through the building walls.
(d) 
A gun range (indoor) shall not be located within forty (40) feet of any abutting property line.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
Rodeo grounds and livestock pens shall not be located within fifty (50) feet of any property line.
(b) 
Hours of operation for a rodeo ground shall be between 10:00 a.m. to 9:00 p.m.
(c) 
There shall be emergency access and adequate parking.
(d) 
Noise generated by the enterprise may not exceed seventy-five (75) decibels, as measured at the property line.
(e) 
No odorous or particle matter shall be emitted that is detectable beyond the lot lines of the [property] on which the use is located.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
At-home Child Day Care shall be limited to six (6) or fewer children at any one time. The maximum of six (6) children includes the family’s natural or adopted children under the age of fourteen (14).
(b) 
At-home Child Day Care shall include a fence at least six (6) feet in height along property lines for the outdoor play and instruction area.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
At-home Group Day Care shall be limited to six (6) or fewer clients at any one time.
(b) 
At-home Group day Care shall include a fence at least four (4) feet in height along property lines for the outdoor space.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
Sewage Pumping Stations shall not be located within one hundred (100) feet of any property line. Sewage Pumping Stations shall not be located within two hundred and fifty (250) feet of any residential property lot line.
(b) 
Noise generated by the enterprise may not be detected, as measured at the property line.
(c) 
No odorous or particle matter shall be emitted that is detectable beyond the lot lines of the [property] on which the use is located.
(d) 
All Sewage Pumping Stations shall be fully enclosed in a structure. The facility shall be screened from public view by a landscape buffer or opaque masonry fence.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
Telephone/Switching/Exchange Buildings shall not be located within twenty-five (25) feet of any property line or within fifty (50) feet of any residential property lot line.
(b) 
Noise generated by the enterprise may not be detected, as measured at the property line.
(c) 
No odorous or particle matter shall be emitted that is detectable beyond the lot lines of the [property] on which the use is located.
(d) 
The facility shall be screened from public view by a landscape buffer or shall be fenced. If a chain-link fence is utilized, a native or adapted vine in at least a five-gallon container shall be planted for every eight linear feet of fence.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
Wastewater Treatment Plants shall not be located within three hundred (300) feet of any property line. Wastewater Treatment Plants shall not be located within five hundred (500) feet of any residential property lot line.
(b) 
Noise generated by the enterprise may not be detected, as measured at the property line.
(c) 
No odorous or particle matter shall be emitted that is detectable beyond the lot lines of the [property] on which the use is located.
(d) 
All Wastewater Treatment Plants shall be screened from public view by a landscape buffer or opaque masonry fence.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
Water Supply (Elevated Storage Tanks) structures shall not be located within one hundred (100) feet of any property line. Water Supply (Elevated Storage Tanks) structures shall not be located within one hundred (100) feet of any residential property lot line.
(b) 
Noise generated by the enterprise may not be detected, as measured at the property line.
(c) 
No odorous or particle matter shall be emitted that is detectable beyond the lot lines of the [property] on which the use is located.
(d) 
Water Supply (Elevated Storage Tanks) structures shall be fenced. If a chain-link fence is utilized, a native or adapted vine in at least a five-gallon container shall be planted for every eight linear feet of fence.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
Water Supply Facilities (Private) shall not be located within one hundred (100) feet of any property line. Water Supply Facilities (Private) shall not be located within one hundred (100) feet of any residential property lot line.
(b) 
Noise generated by the enterprise may not be detected, as measured at the property line.
(c) 
No odorous or particle matter shall be emitted that is detectable beyond the lot lines of the [property] on which the use is located.
(d) 
Water Supply Facilities (Private) shall be fenced. If a chain-link fence is utilized, a native or adapted vine in at least a five-gallon container shall be planted for every eight linear feet of fence.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
Any Slaughterhouse shall not be located within five hundred (500) feet of any property line. Any Slaughterhouse shall not be located within one thousand (1000) feet of any residential property lot line.
(b) 
Noise generated by the enterprise may not be detected, as measured at the property line.
(c) 
No odorous or particle matter shall be emitted that is detectable beyond the lot lines of the [property] on which the use is located.
(d) 
Slaughterhouse operations must be conducted in a fully enclosed structure.
(e) 
All Slaughterhouse facilities shall be screened from public view by a landscape buffer or opaque fence.
(Ordinance 6051-12 adopted 5/17/12)
The issuance of permits for construction and occupancy of a residential loft shall be subject to compliance with the following conditions:
(a) 
The Residential Loft shall be located on the same lot/tract as the existing primary dwelling and located in the same structure.
(b) 
The habitable floor area of the Residential Loft shall not exceed fifty percent (50%) of the habitable floor area.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
Noise generated by the enterprise may not be detected, as measured at the property line.
(b) 
No odorous or particle matter shall be emitted that is detectable beyond the lot lines of the [property] on which the use is located.
(c) 
Minimum lot area is one (1) acre.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
A family or group home or home for the aged is limited to six (6) or fewer residents at any one time.
(b) 
A family or group home shall include a fence at least four (4) feet in height along property lines for an outdoor space.
(c) 
Adequate off-street parking is required for all staff members and visitors at all times.
(Ordinance 6051-12 adopted 5/17/12)
Mixed Use Developments shall be subject to the following standards:
a) 
Mixed use developments shall be required to provide a conceptual plan drawn to scale that identifies the following:
a. 
All uses proposed on the site;
b. 
Building elevation;
c. 
Parking location, and driveways that meet all engineering, building and fire code standards;
d. 
Identify the percentage ratio of retail and residential; and
e. 
Identify all adjacent uses and zoning designations, and driveways of adjacent properties.
b) 
Land uses shall be mixed vertically, integrating a 50/50 mix of residential and retail, with retail being required on the lower level. The percentage ratio shall be provided on the conceptual plan.
Breweries, wineries, and distilleries shall be subject to the following standards:
a) 
Maximum building size is 10,000 square feet;
b) 
Outdoor seating areas, if present, and parking shall be set back at least 50 feet and physically separated from any residentially used or zoned property and screen by a wall or fence;
c) 
Facility must provide a customer component which may include a retail storefront, tasting/tap room, or a food or beverage servicing area;
d) 
Breweries, wineries, and distilleries shall be required to provide a conceptual plan drawn to scale to identify the following:
a. 
All seating/entertainment areas that are located outdoors;
b. 
Square footage of the building;
c. 
Location of all components of the facility, identifying where the retail component will be situated;
d. 
Parking location, and driveways that meet all engineering, building and fire code standards; and
e. 
All adjacent uses and zoning designation and driveways of adjacent properties.
There are no additional standards required to request a Special Use Permit aside from what is required within the City’s Code of Ordinances and State Law, however, each request will be evaluated based on adjacent zoning districts and uses.
(Ordinance Z19-08 #2 adopted 8/18/19)