(a)
Nonresidential
Landscaping Requirements.
These standards shall apply
to all nonresidential zoning districts (NOS, C1, C2, LI, HI). Nonresidential
landscaping shall be required according to the following sections.
|
Table 6.1: Nonresidential Landscaping Requirements
(Section References)
| |
|---|---|
|
Section Number
|
Section Title
|
|
14.601(a)(1)
|
Landscaping Along Street Right-of-Way
|
|
14.601(a)(2)
|
Interior Parking Lot Landscaping
|
|
14.601(a)(3)
|
Landscaping/Screening for Parking Lots Adjacent to Residential
Areas
|
|
14.601(a)(4)
|
Landscaping for Nonresidential Areas Adjacent to Residential
Areas
|
(1)
Landscaping Along Street Right-of-Way.
All nonresidential
uses shall comply with the following streetscape requirements:
(A)
Landscaped Edge.
A minimum five foot (5') wide landscaped
edge shall be provided adjacent to all streets, exclusive of street
right-of-way.
(i)
Within the landscaped edge, one (1) shade tree (3" caliper minimum)
shall be planted per 40 feet of landscaped edge. The grouping or clustering
of trees to accommodate driveway spacing, utilities, drainage facilities,
or similar site features is permitted.
(ii)
The number of required trees shall be calculated solely on the
area of the required landscaped edge.
(B)
Vehicle Headlight Screening abutting the Landscape Edge.
Where parking lots, drives, and access easements abut the landscaped
edge, shrubs (5-gallon minimum) shall be planted to form a contiguous
buffer along the common boundary line.
(i)
The number of required shrubs shall be calculated solely on the area
of the required landscaped edge.
(ii)
Shrubs shall be planted in planting beds.
(iii)
A berm may be placed within the landscaped edge in lieu of the
required shrubs or combination of berm and shrubs, unless needed for
additional headlight screening required by section 14.601(a)(3).
(iv)
The berm must be 18 to 40 inches above the average grade of
the street and parking lot curbs.
(v)
The slope of the berm shall not exceed a 33 percent grade.
(C)
If the parking lot is located 50 feet or more from the street right-of-way
line, no shrubs or berms will be required unless needed for additional
headlight screening required by section 14.601(a)(3).
(D)
The applicant is also encouraged to plant a variety of ornamental
trees and flowers in addition to the required plantings.
(E)
Any permeable surface not occupied by trees, shrubs, planting beds,
signs or other permitted fixtures shall be planted with turf or other
living ground cover.
(F)
All nonresidential properties shall provide shade trees at a ratio
of nine (9) shade trees (2.5" caliper minimum) per gross acre. Ornamental
trees may be counted toward this requirement at a ratio of two (2)
ornamental trees equaling one (1) shade tree. Tree plantings (such
as landscape edge or parking lot) may be counted toward meeting this
requirement. Existing preserved trees may also be counted toward meeting
this requirement.
(2)
Interior Parking Lot Landscaping.
Any nonresidential
parking area that contains more than 10 parking spaces shall provide
interior landscaping in addition to the required landscaped edge (section
14.601(a)(1)(A)):
(A)
Interior areas of parking lots shall contain planting islands located
so as to best relieve the expanse of paving. Planter islands must
be located no further apart than every twelve (12) parking spaces
and at the terminus of all rows of parking. Such islands shall be
a minimum of 200 square feet or ten feet (10') by twenty feet (20')
in size.
(B)
Planter islands shall contain at least one (1) shade or ornamental
tree and a combination of shrubs, lawn, ground cover and other appropriate
materials provided such landscaping does not cause visual interference
within the parking area. Shade trees are encouraged to help mitigate
heat island effects caused by parking lots.
(C)
All landscaped areas shall be protected by a raised six (6) inch
concrete curb.
(i)
Pavement shall not be placed closer than five (5) feet from the trunk
of a tree unless a city approved root barrier is utilized.
(D)
Where an existing parking area is altered or expanded to increase
the number of spaces to more than twenty (10), interior parking lot
landscaping shall be provided on the new portion of the lot in accordance
with the above standards.
(3)
Landscaping/Screening for Parking Lots Adjacent to Residential Areas.
Where parking is within 50 feet of residentially zoned property
and is not screened from view by a wall, berm or other screen, a continuous
screen of shrubs (5-gallon minimum at the time of planting and planted
in planting beds) must be placed adjacent to the parking. The required
landscaping shall comply with the following regulations:
(A)
The required shrubs shall create a minimum three (3) foot tall screen
within two (2) years of the date of planting.
(4)
Landscaping for Nonresidential Areas Adjacent to Residential Areas.
A twenty-five foot (25') wide landscape buffer shall be provided
adjacent to existing residential or vacant land zoned for residential
uses. This buffer shall contain a combination of trees, shrubs, lawn,
ground cover and other appropriate materials which soften or mitigate
nonresidential impacts on the adjacent residential area. This buffer
may be reduced to five feet (5') if an 8 foot tall masonry wall [is]
placed between the buffer and the adjacent residential area. Parking
is not permitted in the buffer.
(b)
Residential
Landscaping Requirements.
These standards shall apply
to all residential zoning districts. Residential landscaping shall
be required according to the following sections.
|
Table 6.2: Residential Landscaping Requirements
(Section References)
| |
|---|---|
|
Section Number
|
Section Title
|
|
14.601(b)(1)
|
Multi-Family, Single-Family Attached and Assisted Living/Nursing
Home Landscaping Requirements
|
|
14.601(b)(2)
|
Landscaping Requirements for Single-Family Developments
|
(1)
Multi-Family, Single-Family Attached and Assisted Living/Nursing
Home Landscaping Requirements.
(A)
Landscape Edge.
A landscape edge shall be provided adjacent
to all streets.
(i)
The landscape edge shall be a minimum width of ten (10) feet, exclusive
of street right-of-way.
(ii)
Within the landscaped edge, one (1) shade tree (3 inch caliper
minimum) shall be planted per 40 feet of landscaped edge. The grouping
or clustering of trees to accommodate driveway spacing, utilities,
drainage facilities, or similar site features is permitted.
(iii)
The number of required trees shall be calculated solely on the
area of the required landscaped edge.
(B)
Shrub Buffer for Parking Lots and Drives.
Where parking
lots and drives abut the landscaped edge, shrubs (5-gallon minimum)
shall be planted to form a contiguous buffer along the common boundary
line.
(i)
The number of required shrubs shall be calculated solely on the area
of the required landscaped edge.
(ii)
Shrubs shall be planted in planting beds.
(iii)
A berm may be placed within the landscaped edge in lieu of the
required shrubs or combination of berm and shrubs.
(iv)
The berm must be 18 to 40 inches above the average grade of
the street and parking lot curbs.
(v)
The slope of the berm shall not exceed a 33 percent grade.
(C)
If the parking lot is located 50 feet or more from the street right-of-way
line, no shrubs or berms will be required.
(D)
The applicant is also encouraged to plant a variety of ornamental
trees and flowers in addition to the required plantings.
(E)
Any permeable surface not occupied by trees, shrubs, planting beds,
signs or other permitted fixtures shall be planted with turf or other
living ground cover.
(F)
Any parking area that contains more than 10 parking spaces shall
provide interior landscaping in addition to the required landscaped
edge:
(i)
Interior areas of parking lots shall contain planting islands located
so as to best relieve the expanse of paving. Planter islands must
be located no further apart than every twelve (12) parking spaces
and at the terminus of all rows of parking. Such islands shall be
a minimum of 200 square feet or ten feet (10') by twenty feet (20')
in size.
(ii)
Planter islands shall contain at least one (1) shade or ornamental
tree and a combination of shrubs, lawn, ground cover and other appropriate
materials provided such landscaping does not cause visual interference
within the parking area. Shade trees are encouraged to help mitigate
heat island effects caused by parking lots.
(iii)
All landscaped areas shall be protected by a raised six (6)
inch concrete curb.
a.
Pavement shall not be placed closer than five (5) feet from
the trunk of a tree unless a city approved root barrier is utilized.
(iv)
Where an existing parking area is altered or expanded to increase
the number of spaces to more than twenty (10), interior parking lot
landscaping shall be provided on the new portion of the lot in accordance
with the above standards.
(G)
All landscaped areas shall be protected by a raised six (6) inch
concrete curb.
(i)
Pavement shall not be placed closer than five (5) feet from the trunk
of a tree unless a staff approved root barrier is utilized.
(H)
All multi-family and assisted living/nursing home properties shall
provide shade trees at a ratio of nine (9) shade trees (3" caliper
minimum) per gross acre. Ornamental trees may be counted toward this
requirement at a ratio of two (2) ornamental trees equaling one (1)
shade tree. Tree plantings (such as landscape edge or parking lot)
may be counted toward meeting this requirement. Existing preserved
trees may also be counted toward meeting this requirement.
(I)
No site developed prior to the effective date of this section shall
be required to conform to the landscaping requirements of this section
unless the site is redeveloped or there is a thirty percent (30%)
or more increase in the existing square footage of building area and/or
reconstruction of the existing parking lot.
(J)
Additional Multi-Family Landscape Requirements.
The
multi-family complex shall be landscaped in accordance with this section.
If more than one apartment building is be placed upon a single lot,
the following areas shall be landscaped:
(i)
A twenty (20) foot strip along the front and rear of the buildings
as measured from the foundation.
(ii)
A fifteen (15) foot strip along all other sides of the buildings
as measured from the foundation.
(iii)
That area adjacent to building corners determined by extending
the front, rear, and side landscape limits to their point of intersection.
(c)
Landscape
Maintenance Requirements.
(1)
This subsection (14.601(c)) shall not apply to single-family lots
for single-family structures.
(2)
All plant material shall be maintained in a healthy and growing condition,
and must be replaced with plant material of similar variety and size
if damaged, destroyed, or removed.
(3)
Landscaped areas shall be kept free of trash, litter, weeds and other
such materials or plants not a part of the landscaping.
(4)
An automatic irrigation system with rain and freeze sensors is required
for all landscaping except for single-family residences.
(5)
Any undeveloped areas which were disturbed during construction of
the lot must be revegetated with turf or other approved living ground
cover for erosion control.
(6)
Any developer desiring to install and maintain landscaping materials
and irrigation facilities within the city right-of-way must first
receive written approval from the city manager.
(7)
Replacement of dead landscaping shall occur prior to the issuance
of a certificate of occupancy.
(d)
Approved
Plant Materials.
(1)
Shade Tree.
Trees shall be of a drought-tolerated nature
and have a mature crown of at least twenty (20) feet.
(2)
Ornamental Tree.
Trees shall be of a drought-tolerated
nature and may have a mature crown less than twenty (20) feet.
(3)
Shrubs.
Shrubs shall be of a drought-tolerated nature
and be a minimum of fifteen (15) inches in height when measured immediately
after planting.
(4)
Vine.
Vines shall be a minimum of twenty-four (24) inches
in height immediately after planting and may be used in conjunction
with fences, screens, or walls to meet physical barrier requirements
as herein specified.
(e)
Approval
of Alternative Compliance.
A request for alternative compliance may be submitted and acted upon in accordance with section 14.904, Alternative Compliance. The planning and zoning commission may approve the following, based upon a finding that the proposed alternative is, at a minimum, equivalent to and meets the spirit and intent of this section 14.601, Landscape Requirements.
(1)
Location or Type of Required Landscape Materials.
(A)
Alternatives or minor changes to the location or type of required
landscape materials due to unusual topographic constraints, sight
restrictions, siting requirements, preservation of existing stands
of native trees or similar conditions, or in order to maintain consistency
of established front yard setbacks.
(B)
These minor changes may vary the location of required landscape materials,
but may not reduce the amount of required landscape area or the amount
of landscape materials.
(2)
Required Landscaping Edges and Buffers.
(A)
Alternatives or minor changes to the required landscape edges and
buffers along a street frontage if immediately adjacent properties
on both sides (at side property lines) have a smaller or no landscape
buffer strip, in order to maintain consistency between existing parking
lot and drive aisle alignments.
(B)
If an alternative landscape edge or buffer is granted, an equal amount
of landscaped area and trees shall be provided elsewhere on the site
as may be deemed appropriate by the planning and zoning commission.
(3)
Landscaping for Nonresidential Areas Adjacent to Residential Areas.
(Ordinance 2021-08 adopted 2/11/21)
(a)
Purpose
and Intent.
In order to preserve and protect the integrity
of single-family residential neighborhoods and in an effort to protect
the quiet enjoyment of single-family residential properties and to
maintain property values, the city has determined that it is necessary
and appropriate to adopt specialized regulations for non-single-family
residential uses and buildings that are constructed within 400 feet
of properties used for single-family residences.
(b)
Applicability.
(1)
The following residential adjacency standards for businesses shall
apply to all non-single-family residential buildings or uses that
lie within four hundred feet (400') of properties used for single-family
residences.
(2)
For purposes of this section, the four hundred (400) foot distance
shall be measured from the non-single-family residential building
and/or use to the property line of the single-family residence.
(c)
Development
Regulations.
(1)
This exception does not apply to buildings on pad sites (i.e., “out”
buildings).
(3)
Loading and Service Areas.
(A)
Loading and service areas should generally be located at the side
or rear of buildings.
(B)
If such service/loading areas are adjacent to residential uses they
shall be screened from view at a height of six feet (6') while standing
at the highest grade on the residential property line.
(C)
Screening materials shall be maintained in a proper working condition.
Materials which require minimal maintenance such as masonry are encouraged.
(D)
The accommodation of adequate access for service delivery trucks
may be evaluated to determine the extent of screening required.
(Ordinance 2021-08 adopted 2/11/21)
(a)
Nonresidential
Uses with Loading Docks.
(1)
Nonresidential uses with loading docks and delivery entrances that
front any roadway other than a local per the city’s master thoroughfare
plan shall require the developer to erect a screening wall to screen
views of loading docks and loading spaces intended for tractor/semi-trailer
delivery.
(b)
Screening
Wall Design.
(1)
All walls shall be constructed with the materials traditionally used
for wall or fencing, and should be similar to the main building when
possible.
(2)
The screening wall shall be designed and constructed to prevent any
drainage or erosion problems.
(3)
A minimum three foot (3') wide buffer shall be provided for fence
maintenance along the full length of the required screening fence,
unless separated by an alley.
(c)
Mechanical
Equipment Screening Requirements for Nonresidential Properties.
(1)
General.
(A)
In all nonresidential development, all mechanical equipment whether
ground-mounted, roof-mounted or otherwise attached to the building
shall be screened from street view at a height of six feet (6') while
standing at the highest grade on the nearby property line(s).
(B)
Mechanical equipment areas shall be constructed, located and screened
to prevent interference with the peace, comfort, and repose of the
occupants of any adjoining building or residence.
(C)
The location, construction, and screening of all mechanical equipment
shall be shown on the design drawings.
(3)
Roof-Mounted Mechanical Equipment.
(A)
Roof-mounted mechanical equipment shall be screened from view with
a parapet wall, mansard roof or alternative architectural element.
(B)
The height of the screening element shall be equal to or greater
than the height of the mechanical unit(s) provided that the element
shall not extend more than five feet (5') above the roof on a one-
or two-and-one-half (2-1/2) story building.
(C)
When the height of a mechanical unit exceeds the maximum permitted
height of the screening feature, an additional roof setback for the
unit shall be required at a ratio of two horizontal feet (2') for
each additional one foot (1') of vertical height above the maximum
five feet (5').
(D)
Screening for mechanical units shall apply to new building construction
only.
(d)
Screening
of Outdoor Waste Storage for Nonresidential, Single-Family Attached,
and Multiple-Family Residential Properties.
(1)
General.
(A)
Waste storage areas (refuse containers, etc.) shall be constructed,
located and screened to prevent interference with the peace, comfort,
and repose of the occupants of any adjoining building or residence.
(B)
The location, construction, and screening of all waste storage areas
(refuse containers, etc.) shall be shown on the design drawings.
(2)
Incidental Use Requirement and Location Standards.
Refuse
containers, trash dumpsters/containers, trash compactors, box compactors,
and other similar containers that are used for waste disposal purposes
shall:
(3)
Setbacks.
Refuse containers, trash dumpsters/containers,
trash compactors, box compactors, and other similar containers shall
be set back from all residential uses a minimum of twenty-five feet
(25').
(4)
Screening Required.
(A)
Receptacles Greater Than 100 Gallons.
(i)
Refuse containers, trash dumpsters/containers, trash compactors,
box compactors, and other similar containers shall be enclosed on
all four sides with a three-sided solid screening wall and a solid
gate on the fourth side that shall be constructed to a minimum height
of one foot (1') above the container height, but shall not exceed
eight feet (8') in height.
(ii)
Enclosures shall be constructed of masonry or other low maintenance
durable materials traditionally used for walls or fencing.
(iii)
Enclosure doors shall remain closed at all times except when
filling or emptying the container.
(iv)
The screening wall shall be similar to or extensions of the
development’s architectural design.
(B)
Receptacles Less Than 100 Gallons.
(i)
Refuse and recycling receptacles with a capacity less than 80 gallons
visible from the street or adjacent single-family residence, must
be screened from view.
(ii)
Refuse and recycling receptacles with a capacity less than 80
gallons do not require screening if they are not visible from the
street.
(Ordinance 2021-08 adopted 2/11/21)
(a)
Applicability.
(1)
Except as hereinafter provided, no building or structure or part
thereof shall be erected, altered, or converted for any permitted
use unless vehicle parking is provided according to the following
standards.
(2)
Vehicle parking shall be provided on the lot or tract, on an immediately
contiguous lot or tract, or within one hundred fifty feet (150') of
such building or structure.
(3)
An established use lawfully existing at the effective date of this
zoning ordinance need not provide vehicle parking as hereinafter set
forth. No existing vehicle parking in connection with said use, at
the effective date of this zoning ordinance, may be reduced below
the minimum number of spaces as hereinafter required.
(4)
When a new use occupies an existing building, where the new use has
more intensive parking requirements, additional parking shall be provided
when the required additional parking spaces exceed 30% of the existing
parking spaces.
(b)
General
Requirements.
(1)
Parking Areas and Driveways.
Unless otherwise noted,
parking areas and driveways shall be curbed, paved concrete or asphalt
and maintained.
(2)
Parking Space Dimensions.
In all zoning districts, all
parking spaces shall not be less than ten feet (10') by twenty feet
(20') for head-in parking spaces and not less than eight feet (8')
by twenty two feet (22') for parallel parking.
(3)
Front and Side Entry Garages.
(5)
Driveway Access to the Rear Yard.
(6)
Electric Vehicle Charging in Parking Spaces.
Parking
spaces designated for electric vehicle charging are permitted as an
accessory use in any parking lot and may be counted toward the required
parking spaces.
(c)
Parking
Space Schedule: Residential Uses.
(1)
In all single-family districts the minimum off-street parking spaces
for residential uses shall be two (2) spaces for each dwelling unit.
These two (2) spaces shall be in addition to any garage parking spaces.
(2)
No off-street parking shall be allowed in any front yard area, except
on the paved driveway.
(3)
No parking area or vehicle storage space shall be used for the storage
or parking of any vehicle with more than two axles.
(4)
Accessory dwelling units shall provide one additional off-street
parking space in addition to the off-street parking spaces required
for the single-family residential use.
(d)
Parking
Space Schedule: Multi-Family Uses.
(1)
Off-street parking shall be provided behind the front building line
in the side or rear yard of the lot or tract of land upon which an
apartment building is constructed.
(2)
Adequate off-street parking space shall be provided to meet the requirements
of the residents and their guests in each apartment project, with
a minimum of:
(3)
No parking area or vehicle storage space shall be used for the storage
or parking of any vehicle with more than two axles.
(e)
Parking
Space Schedule: Nonresidential Uses Applicable to All Districts.
(1)
Off-street parking spaces shall be provided according to the following.
In cases where a use is not listed below, see section 14.604(g), Parking
Requirements for New or Unlisted Use.
|
Table 6.3 Schedule of Off-Street Parking Requirements
| |
|---|---|
|
Use Type
|
Parking Requirement
|
|
Bakery, commercial
|
One (1) space for each two (2) employees or one (1) space for
each one thousand (1,000) square feet of floor area, whichever is
greater.
|
|
Bakery, retail
|
One (1) space for each two hundred and fifty (250) square feet
of floor area.
|
|
Bank, savings and loan, or similar financial establishment
|
One space for each three hundred (300) square feet of gross
floor area.
|
|
Bar
|
One (1) parking space for each 100 square feet of gross floor
area, or one (1) space for each four (4) seats, whichever is less
(based on maximum design capacity).
|
|
Bed and breakfast facility
|
Two (2) spaces per facility in addition to the requirements
for a normal residential use.
|
|
Bowling alley
|
Five (5) spaces for each lane.
|
|
Brewery/distillery/winery, craft
|
One (1) space for each two (2) employees or one (1) space for
each one thousand (1,000) square feet of floor area, whichever is
greater, for brewing areas, plus 1 parking space for each 100 square
feet of gross floor area, or 1 space for each 4 seats, whichever is
less (based on maximum design capacity) for tap room, tasting room,
or other food or drink service areas.
|
|
Brewery/distillery/winery, industrial
|
One (1) space for each two (2) employees or one (1) space for
each one thousand (1,000) square feet of floor area, whichever is
greater.
|
|
Child-care, kindergartens, day schools, and similar establishments
|
One space for each three hundred (300) square feet of gross
floor area.
|
|
Clinics or doctor’s offices
|
One (1) space for each three hundred (300) square feet of floor
area, minimum of four (4).
|
|
College or university
|
One (1) space for each classroom, laboratory or instruction
area, plus one (1) space for each three (3) students accommodated
in the institution.
|
|
Commercial outdoor amusement
|
1 space per 500 square feet of outdoor site area plus 1 space
per 4 fixed spectator seats.
|
|
Convalescent home or nursing home or assisted living facility
|
One (1) space for every four (4) rooms or beds.
|
|
Gasoline service station/convenience store
|
1 space for each 250 square feet of gross floor area; areas
adjacent to pumps where vehicles park to refuel shall not be considered
a parking space.
|
|
Hospitals
|
One (1) space for every two (2) beds.
|
|
Hotel or motel
|
One (1) space for each room, unit or guest accommodation plus
1 space for every 300 square feet of common area not designated as
sleeping rooms.
|
|
Institutions of a philanthropic nature
|
Ten (10) spaces plus one (1) space for each employee.
|
|
Library or museum
|
Ten (10) spaces plus one (1) for each three hundred (300) square
feet of floor area.
|
|
Manufacturing, processing or repairing
|
One (1) space for each two (2) employees or one (1) space for
each one thousand (1,000) square feet of floor area, whichever is
greater.
|
|
Mobile food vending court
|
One (1) parking space for every mobile food vendor space
|
|
Offices, general
|
One (1) space for each three hundred (300) square feet of floor
area, minimum of four (4) spaces.
|
|
Parks
|
Due to the wide variety of park types and uses, the number of
spaces shall be submitted by the applicant and be based on best/current
planning parking ratios (recommended sources: Institute of Transportation
Engineers (ITE) or the American Planning Association (APA)) and approved
by the city manager.
|
|
Restaurant or cafeteria
|
1 parking space for each 100 square feet of gross floor area,
or 1 space for each 4 seats, whichever is less (based on maximum design
capacity).
|
|
Retail sales and service
|
One (1) space for each two hundred and fifty (250) square feet
of floor area.
|
|
RV park
|
Two (2) spaces for each recreational vehicle space.
|
|
Schools, public or private
|
Parking shall be provided at a ratio approved by city staff
based on a parking study provided by the applicant that shall include
vehicle stacking requirements.
|
|
Storage or warehousing
|
One (1) space for each one thousand (1,000) square feet of floor
area.
|
|
Theaters, auditoriums, churches, assembly halls, sports arenas,
stadiums, conference center, convention center, dance hall, exhibition
halls, or other place of public assembly
|
1 space for each 4 seats or 1 space for every 100 square feet
of gross floor area, whichever is less (based on maximum design capacity)
|
(2)
Parking Requirements for Downtown Mixed Use District.
(A)
Properties zoned Downtown Mixed Use shall only be required to provide
two (2) off-street parking spaces.
(B)
Parking spaces shall be provided at the rear of the property and
should be accessed by an alleyway or access easement.
(C)
Where it is not feasible to provide off-street parking, or where doing so would be detrimental to the feel and function of the Downtown Mixed Use District, the applicant may request an exemption from off-street parking requirements in accordance with the process identified in section 14.904, Alternative Compliance.
(3)
Best Practices Parking Ratio.
For uses shown in the
use chart that have atypical standards or single uses which have varying
parking needs depending on the function of that specific single use,
an applicant may submit a parking ratio based on best planning and
transportation practices.
(A)
Best Practices Parking Ratio Application.
(i)
An applicant shall fully cite the sources used to derive the applicant-submitted
parking ratio; possible resources include parking standards materials
from the Institute of Transportation Engineers (ITE) or the American
Planning Association (APA).
(ii)
The city manager shall review the applicant submitted parking
ratio to confirm best planning practices for a use.
(iii)
The city manager shall approve, modify, or deny the applicant
submitted parking ratio.
(B)
Parking Ratio Determination in Case Where No Application Is Submitted.
If the applicant does not submit a parking ratio, then the city
manager shall determine the parking ratio based on the best/current
planning and transportation practices.
(f)
Off-Street
Parking Regulations.
(1)
In computing the parking requirements for any building or development,
the total parking requirements shall be the sum of the specific parking
space requirements for each class of use included in the building
or development.
(2)
Floor area of a structure devoted to off-street parking of vehicles
shall be excluded in computing the off-street parking requirements
of any use.
(g)
Parking
Requirements for New or Unlisted Use.
Where questions
arise concerning the minimum off-street parking requirements for any
use not specifically listed, the requirements may be determined by
the city manager as those of a similar use.
(h)
Alternative
Parking Standards.
In order to provide flexible parking
standards and to continue to provide for a sufficient amount of parking
space, the city manager may approve alternative parking standards
in accordance with process outlined above in section 14.604(e)(2)
[(e)(3)], Best Practices Parking Ratio.
(i)
Circulation
and Parking Requirements for all Nonresidential Developments.
(1)
Applicability.
The regulations provided in this section
shall apply to all nonresidential development.
(2)
Parking Aisles.
Parking aisles shall be designed perpendicular
to the front of the primary building in the development.
(3)
Wheel Stops and/or Bollards.
If curbs are not provided,
then parking spaces that face and are adjacent to a building or required
landscaped area shall utilize wheel stops and/or bollards within 12
inches from the end of the space.
(j)
Parking
Space Design Details.
Each standard off-street surface
parking space size shall be in accordance with the design standards
as shown on the following illustrations for space size and design.
|
Figure 2: 45 Degree Layout with One-Way Traffic
 |
|
Figure 3: 45 Degree Layout with Two-Way Traffic
 |
|
Figure 4: 60 Degree Layout with One-Way Traffic
 |
|
Figure 5: 60 Degree Layout with Two-Way Traffic
 |
|
Figure 6: 90 Degree Layout
 |
(k)
Off-Street
Loading Space: All Districts.
All nonresidential uses
having 50,000 square feet or more of gross floor area shall provide
adequate off-street facilities for loading and unloading of merchandise
and goods within or adjacent to the building, in such a manner as
not to obstruct freedom of traffic movement of the public streets,
alleys, or sidewalks.
(l)
Vehicle
Stacking Requirements.
(1)
Stacking Space Definition.
Stacking spaces provide the
ability for vehicles to queue on-site prior to receiving a service.
(2)
Stacking Space Size and Location.
A stacking space shall
be a minimum of ten (10) feet in width and twenty (20) feet in length
and shall not be located within or interfere with any other circulation
driveway, parking space, fire lane, or maneuvering area.
(3)
Additional Stacking Space Location Criteria.
Stacking
spaces shall be provided behind the vehicle bay door, middle of the
service window, or middle of the service island, whichever is applicable.
(4)
Number of Required Stacking Spaces (All Districts).
In all zoning districts, at the time any building or structure is
erected or altered, stacking spaces shall be provided in the number
and manner set forth in the following list of property uses.
(A)
Automated teller machine (ATM): Three (3) stacking spaces.
(B)
Automobile oil change and similar establishments: Three (3) stacking
spaces per bay.
(C)
Car wash, full-service: Six (6) stacking spaces per bay.
(D)
Car wash, self-service (automated): Three (3) stacking spaces per
bay.
(E)
Car wash, self-service (open bay): One (1) stacking space per bay.
(F)
Car wash, self-service (drying areas and vacuum islands): One (1)
stacking spaces per drying area and/or vacuum island.
(G)
Child-care, kindergartens, day schools, and similar child training
and care establishments: One (1) stacking space per twenty (20) students
provided on a through “circular” drive.
(H)
Dry cleaning, pharmacy, or other retail establishments with a drive-through:
Three (3) stacking spaces for first service window.
(I)
Financial institution: Five (5) stacking spaces per window or service
lane.
(J)
Restaurant with drive-through: Five (5) stacking spaces for first
window, order board, or other stopping point.
(K)
Schools, public or private: The number of stacking spaces shall be
proposed by the applicant and reviewed and approved by the city manager.
Stacking provided for this use should ensure continuous traffic flow
through the site and prevent traffic from queuing into the right-of-way
during student drop-off and pick-up.
(5)
Single Stacking Space Required After the Final Window, Order Board,
or Stopping Point.
A single stacking space shall be provided
after the final window, order board, or stopping point to allow vehicles
to pull clear of the transaction area prior to entering an intersecting
on-site driveway or maneuvering aisle.
(6)
Visibility Triangle Requirement for Drive-Through Lanes and Escape
Lanes.
Buildings and other structures shall have a ten
(10) foot visibility triangle at the end point of drive-through lane
and escape lane to provide adequate visibility to allow vehicles to
safely exit the drive-through lane and escape lane prior to merging
into intersecting driveways or maneuvering aisles.
(7)
Escape Lane Requirement for Drive-Through Facilities.
(m)
Approval
of Alternative Compliance.
A request for alternative compliance may be submitted and acted upon in accordance with section 14.904, Alternative Compliance. The planning and zoning commission may approve the following, based upon a finding that the proposed alternative meets the spirit and intent of this section 14.604, Off-Street Parking and Loading Requirements.
(1)
Alternative Parking Ratio.
A parking ratio that differs from that specified within this section 14.604, Off-Street Parking and Loading Requirements, based on a parking study conducted by a certified traffic planner or traffic engineer that sets forth an alternative ratio, which the planning and zoning commission determines is equivalent, at a minimum, to the standards set forth above.
(Ordinance 2021-08 adopted 2/11/21; Ordinance
2023-18 adopted 12/14/2023; Ordinance 2024-8 adopted 3/14/2024)
(a)
Purpose.
The purpose of this section is to:
(1)
Reduce the problems created by improperly designed and installed
outdoor lighting;
(2)
Reduce problems of glare on operators of motor vehicles, pedestrians
and land uses;
(3)
Minimize light trespass;
(4)
Reduce the energy and financial costs of outdoor lighting by establishing
regulations, which limit the area that certain kinds of outdoor lighting
fixtures can illuminate; and
(5)
Preserve the night sky as a natural resource.
(b)
General
Requirements.
The following standards shall apply to
all exterior lighting except public street lighting and other lighting
(see the city’s engineering standards for lighting requirements
in a public right-of-way) that is specifically exempted by this section.
(1)
Buffer Areas and Required Setback Areas.
Light sources
or luminaires are prohibited in buffer areas and within required setback
yard areas except on pedestrian walkways and hike and bike trails.
(2)
Outdoor Advertising Lighting.
(A)
Light for outdoor advertising shall be designed to function as full
cutoff type of luminaires.
(B)
The temporary use of lasers and spotlights that project light into
the sky may be allowed subject to the restrictions of temporary outdoor
lighting. The applicant is responsible for acquiring a signed letter
from the FAA stating that the proposed lighting is acceptable.
(C)
See Figure 7: Shielded/Cutoff Light Source Required for examples.
(3)
Shielded Light Source Required.
(A)
All luminaires located on nonresidential use properties shall be
designed so that the light source (bulb or lamp) is completely shielded
from direct view of [sic] at a point three (3) feet above grade on
the lot line abutting a protected residential property.
(B)
In all other instances, the light source must be completely shielded
from direct view of [sic] at a point six (6) feet above grade on the
lot line.
(C)
See Figure 7: Shielded/Cutoff Light Source Required for examples.
(4)
Light Trespass Limitation.
All luminaires located on
private property shall be designed or positioned so that the maximum
illumination at the property line next to a protected residential
property shall not exceed one-quarter (1/4) footcandle and shall not
exceed one-half (1/2) footcandle adjacent to a street right-of-way.
(5)
Canopy Lighting.
Lighting recessed for canopies covering
fueling stations at automobile service stations and drive-through
facilities shall not illuminate abutting properties and the luminaires
shall be designed so that the light source and lenses (bulb or lamp)
are completely shielded from direct view at a point five (5) feet
above the grade on the lot line.
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Figure 7: Shielded/Cutoff Light Source Required
 |
(6)
Wall or Roof Lighting.
(A)
Wall or roof lighting may be used to illuminate the pedestrian walkways,
entrance areas and yard areas within thirty (30) feet of the building.
(B)
No wall or roof lighting shall be used to illuminate areas for motor
vehicle parking or access unless the city manager finds the following:
(i)
That the proposed lighting is not in conflict with the stated purpose;
(ii)
That the proposed lighting will not unreasonably harm or restrict
public health, safety and welfare or create a nuisance; and
(iii)
The proposed lighting will not result in an impairment of vision
creating a hazard for vehicular or pedestrian traffic.
(7)
Open Area Used for Motor Vehicle Parking, Storage or Access.
(A)
Any open area used for motor vehicle parking, storage or access may
be illuminated with freestanding luminaires.
(B)
Freestanding luminaires are permitted to be a maximum of thirty (30)
feet in height.
(C)
When a luminary is located within one hundred (100) feet of a protected
residential property, the maximum permitted luminaire’s height
shall be twenty (20) feet.
(D)
All luminaires must have a total cutoff angle equal to or less than
ninety (90) degrees.
(E)
The use of exterior lighting with a cutoff angle greater than ninety
(90) degrees shall be permitted only when the city manager finds the
following:
(i)
That the proposed lighting is not in conflict with the stated purpose;
(ii)
That the proposed lighting will not unreasonably harm or restrict
public health, safety and welfare or create a nuisance; and
(iii)
The proposed lighting will not result in an impairment of vision
creating a hazard for vehicular or pedestrian traffic.
|
Figure 7[A]: Open Area Used for Motor Vehicle Parking, Storage
or Access
 |
(8)
Signs.
Externally illuminated signs, advertising displays,
building identification, and monument signs shall use top-mounted
light fixtures which shine light downward and that are fully shielded
or upward with pinpointed light which are fully shielded.
(9)
Flags, Statues, and Other Similar Objects.
Outdoor light
fixtures used to illuminate flags, statues, or any other objects mounted
on a pole, pedestal, or platform shall use a very narrow cone of light
for the purpose of confining the light to the object of interest and
minimize spill-light and glare.
(10)
Buildings.
Building facades and architectural features
of buildings may be floodlighted when the following conditions are
met:
(A)
Floodlight fixtures are equipped with shields and are located so
as to limit the fixture’s direct light distribution to the facade
or feature being illuminated;
(B)
The configuration of the floodlight installation shall block all
view to the floodlight fixture’s lamps from adjacent properties;
and
(C)
The maximum luminance of any floodlighted surface does not exceed
the footcandles specified in the Illuminating Engineering Society
of North America Lighting Handbook for floodlighting surfaces.
(c)
Temporary
Outdoor Lighting.
(1)
Conforming Temporary Lighting.
Any temporary outdoor
lighting that conforms to the requirements of this zoning ordinance
shall be allowed.
(2)
Permitting Nonconforming Temporary Lighting.
(A)
Nonconforming temporary outdoor lighting may be permitted by the
city manager after considering:
(i)
The nature of the exemption;
(ii)
The public and/or private benefits that would result from the
temporary lighting;
(iii)
Placement and height of outdoor light fixtures;
(iv)
Type of outdoor light fixture(s) to be used, including total
lumen output and character of the shielding, if any;
(v)
Any annoyance or safety problems that may result from the use of
the temporary lighting;
(vi)
The duration of the temporary nonconforming lighting and time
that lights will be operating; and
(vii)
Such other data and information as may be required by the city
manager and/or city council to clarify the request.
(B)
The city manager may revoke permitted temporary lighting on the basis
of incorrect information supplied, or where it is determined that
the lighting adversely effects the health or safety of the public.
(3)
Detailed Description Required for Nonconforming Temporary Lighting.
The applicant shall submit a detailed description of the proposed
nonconforming temporary lighting to the city manager.
(d)
Illumination
Levels.
(1)
Engineering Society of North America Lighting Handbook.
The illumination levels contained in the Illuminating Engineering
Society of North America Lighting Handbook, as amended from time to
time, shall be used as a guide for providing adequate and safe illumination
levels.
(2)
Private and/or Public Development Project.
The city
manager may require conformance with the illumination levels contained
in the Lighting Handbook, Illuminating Engineering Society of North
America as part of the review and approval of a private and/or public
development project.
(e)
Method
of Measurement.
(1)
Light Measuring Meter.
(A)
The light measuring meter shall have a color and cosine-corrected
sensor with multiple scales and shall read within an accuracy of plus
or minus five (5) percent.
(B)
It shall be tested, calibrated, and certified by an independent commercial
photometric laboratory or the manufacturer within one (1) year of
its use.
(f)
Exterior
Lighting Plan.
(1)
Submission.
(A)
Applicability.
A lighting plan shall be required anytime
exterior lighting is proposed, or modified, that is associated with
a use of greater intensity than a one (1) or two (2) family dwelling.
(B)
Submission Official.
The lighting plan shall be submitted
to the city manager.
(C)
Submission Criteria.
The lighting plan shall be prepared
in conformance with the Development Application Handbook and may contain
but shall not necessarily be limited to the following:
(i)
Plans indicating the location of the exterior lighting on the premises,
and the type of illuminating devices, fixtures, lamps, supports, reflectors,
and other devices;
(ii)
Description of the illuminating devices, fixtures, lamps, supports,
reflectors, and other devices and the description may include, but
is not limited to, catalog cuts by manufacturers and drawings (including
sections where required) and height of the luminaires; and
(iii)
Photometric plan and data sheets, such as that furnished by
manufacturers, or similar to that furnished by manufacturers, showing
the angle of cutoff or light emissions.
(D)
Once the plan is approved by the city manager, the exterior lighting
of the property shall conform to the approved lighting plan.
(2)
Additional Submission.
(A)
The above required plans, descriptions and data shall be sufficiently
complete to enable the reviewer to readily determine whether compliance
with the requirements of this ordinance will be secured.
(i)
If such plans, descriptions and data cannot enable this ready determination,
by reason of the nature or configuration or the devices, fixtures,
or lamps proposed, the applicant shall additionally submit as evidence
of compliance to enable such determination such certified reports
of tests as will do so provided that these tests shall have been performed
and certified by a recognized testing laboratory.
(3)
Lamp or Fixture Substitution.
Should any outdoor light
fixture or the type of light source therein be changed after the issuance
of the building permit and/or certificate of occupancy, a change request
with adequate information, as required in section 14.605(f)(1) above
herein, to ensure compliance with this ordinance must be submitted
to the city manager for review and approval prior to the substitution.
(g)
Prohibited.
(1)
Flickering or Flashing Lights.
Flickering or flashing
lights shall be prohibited.
(h)
Exemptions.
The following are exempt from the standards contained in this
ordinance.
(1)
Decorative Seasonal Lighting.
Decorative seasonal lights
used for temporary purposes.
(2)
(3)
Luminous Tube Lighting.
Luminous tube lighting is exempt
from this ordinance.
(4)
Specific Signs.
Signs of the type constructed of translucent
materials and wholly illuminated from within are exempt from the shielding
requirement.
(5)
Temporary Emergency Lighting.
Temporary emergency lighting
used by police, fire fighters, or other emergency services, as well
as all vehicular luminaires.
(6)
Hazard Warnings.
Hazard warning luminaires, which are
required by federal and state regulatory agencies.
(7)
Residential Party Lights.
(A)
Residential party lights for social gatherings. Such temporary outdoor
lighting includes, but is not limited to, strings of lights and lanterns.
(B)
The party lights shall be removed within a reasonable time after
a social gathering.
(C)
The city manager will determine what the “reasonable time”
should be.
(8)
Specific Recreation.
(A)
Because of their unique requirement for nighttime visibility and
their limited hours of operations, ball diamonds, playing fields and
tennis courts are exempted from the general standards of this section.
(B)
Lighting for these outdoor recreational uses shall be shielded to
minimize light and glare from spilling over onto a protected residential
property.
(C)
The maximum permitted illumination at the residential property line
shall not exceed two (2) footcandles.
(9)
Public Street or Sidewalk Projects.
The city council
may vary from these requirements as part of the approval of public
street or sidewalk projects.
(i)
Approval
of Alternative Compliance.
A request for alternative compliance may be submitted to vary one (1) or more of the lighting-related regulations cited in subsections 14.605(i)(1) through 14.605(i)(4) below. A request for alternative compliance may be submitted and acted upon in accordance with section 14.908 [14.904], Alternative Compliance. The city council may approve the following, based upon a finding that the proposed alternative meets the spirit and intent of this section 14.605, Lighting Standards, in a manner equivalent or superior to the foregoing standards.
(1)
Height of freestanding lighting fixtures;
(2)
Style or illumination intensity of lighting fixtures (only if such
fixtures are located at least three hundred feet (300') away from
a residential zoning district or use);
(3)
Maximum wattage of accent lighting; or
(4)
Gaseous/electrified building lighting design.
(Ordinance 2021-08 adopted 2/11/21)
(a)
Applicability.
All nonresidential buildings shall comply with this section.
(b)
Nonresidential
Building Orientation.
Any building (excluding parking
garages) within view of a public right-of-way shall either face such
right-of-way or shall have a facade facing such right-of-way in keeping
with the character of the front facade.
(d)
Roof
Design Standards.
(1)
All structures shall be constructed with a pitched roof, flat roof
with a parapet, true mansard roof, or any combination thereof.
(2)
All flat roof surfaces shall be screened from ground level views
so that such roof surfaces are not visible.
(3)
Roofs of stairwells and elevator machine rooms and other similar
spaces shall be exempt from roofing design standards so long as they
are not visible from ground level. For the purpose of this paragraph,
visible shall be defined as “capable of being seen at a height
of six feet (6') while standing at the highest grade on the property
line.”
(e)
Approval
of Alternative Compliance.
A request for alternative compliance may be submitted and acted upon in accordance with section 14.904, Alternative Compliance. The city council may approve the following, based upon a finding that the proposed alternative meets the spirit and intent of this section 14.606, Building Design Standards for Nonresidential Buildings.
(Ordinance 2021-08 adopted 2/11/21)
The uniqueness of a neighborhood is developed by all the homes
not being the same, in regard to building materials, size, floor plans,
front facades, etc. In an effort to help promote ownership, neighborhood
pride, and encourage long-term commitment, homes should be individual
and definable rather than replicas of the adjacent homes.
(a)
(b)
Exterior
Construction Requirements and Standards.
(1)
Covered front porch.
(A)
Single-family units should contain a front covered porch that is
permanently attached to and an integral part of the primary structure.
(B)
Front setback encroachment: The front porch can be allowed to encroach
into the minimum required front setback by five feet (5').
(C)
Minimum dimensions: Each covered front porch shall be a minimum fifty
(50) square feet and have a minimum depth from the primary structure
of eight (5) [sic] feet.
(Ordinance 2021-08 adopted 2/11/21)
(a)
Building
Design and Placement for Buildings Within the Downtown Mixed Use District.
(1)
This section 14.608(a) applies to all buildings within the DMU, Downtown
Mixed Use District.
(2)
At least 75 percent of the front facade of any structure facing a
street must be located between the minimum and the maximum front yard
setback line.
(3)
Up to 25 percent of such facade may be located further from the right-of-way
than the maximum front yard setback line but may not be located greater
than 50 feet beyond the maximum front yard setback line.
(4)
No part of any front facade may be located between the right-of-way
and the minimum front yard setback line.
(5)
Awnings or covered areas may extend or project into the right-of-way.
Any developer desiring to encroach into the right-of-way must first
receive written approval from the city manager.
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Figure 8: Maximum and Minimum Setbacks on a Corner Lot
 |
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Figure 9: Maximum and Minimum Setbacks on a Standard Lot
 |
(Ordinance 2021-08 adopted 2/11/21)
(a)
Purpose.
The purpose of this section is [to] provide compatible land
use regulations for the airport by establishing development standards
that will protect property and occupants of land in the vicinity of
the airport from airport hazards and protect the airport from incompatible
development. The regulations and districts herein have been established
in accordance with chapters 211 (Municipal Zoning Authority) and 241
(Municipal and County Zoning Authority Around Airports) of the Texas
Local Government Code.
(b)
Findings
and Declaration.
(1)
In order to provide for the welfare of the community and to protect
the utility and investment in the Gonzales Municipal Airport, the
city has found that an obstruction:
(A)
Has the potential for endangering the lives and property of users
of Gonzales Municipal Airport and the property or occupants of land
in its vicinity;
(B)
May affect existing and future instrument approach minimum of Gonzales
Municipal Airport; and
(C)
May reduce the size of areas available for the landing, take-off,
and maneuvering of aircraft.
(2)
It is declared:
(A)
In accordance with LGC 241.012(c), the Gonzales Municipal Airport
fulfills an essential community purpose;
(B)
The creation or establishment of an obstruction has the potential
of being a public nuisance and may injure the region served by Gonzales
Municipal Airport;
(C)
It is necessary in the interest of the public health, public safety,
and general welfare that the creation or establishment of obstructions
that are a hazard to air navigation be prevented; and
(D)
The prevention of these obstructions should be accomplished, to the
extent legally possible, by the exercise of the police power without
compensation.
(3)
It is further declared that the prevention of the creation or establishment
of hazards to air navigation, the elimination, removal, alteration
or mitigation of hazards to air navigation, or the marking and lighting
of obstructions are public purposes for which a political subdivision
may raise and expend public funds and acquire land or interests in
land.
(c)
Short
Title.
This section (section 14.609, Airport Zoning Regulations) shall be known and may be cited as “Gonzales Municipal Airport Zoning Regulations.”
(d)
Zones.
In order to carry out the provisions of this section 14.609, Airport Zoning Regulations, there are created and established certain zones that include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surface and conical surfaces as they apply to the airport. Such zones are shown on the zoning map consisting of one sheet, prepared by the Texas Aeronautics Commission, and dated March 26, 1982, which is attached to Ordinance 88-8 and made a part hereof. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:
(1)
Approach Zones - Runway 15/33.
An approach zone is established
beneath the approach surface at the ends of Runway 15/33 on Gonzales
Municipal Airport for the visual landings and take-offs. The inner
edge of the approach zone shall have a width of 250 feet, which coincides
with the width of the primary surface at a distance of 200 feet beyond
each end of the runway, widening thereafter uniformly to a width of
1,250 feet at a horizontal distance of 5,000 feet beyond each end
of the primary surface, its centerline of the runway.
(2)
Transitional Zones.
Transition zones are hereby established
beneath the transitional surfaces adjacent to each runway and approach
surface as indicated on the zoning map. Transitional surfaces, symmetrically
located on either side of runways, have variable widths as shown on
the zoning map. Transitional surfaces extend outward and upward at
right angles to the runway centerline and the runway centerline extended
at a slope of 7:1 from the sides of the primary surface and from sides
of approach surfaces.
(3)
Horizontal Zone.
The area beneath a horizontal plane
150 feet above the established airport elevation, the perimeter of
which is constructed by swinging arcs of 5,000 feet radii from the
center of each end of the primary surface of Runway 15/33 and connecting
the adjacent arcs by lines tangent to those arcs.
(4)
Conical Zones.
The area beneath the conical surface
extending outward and upward from the periphery of the horizontal
surface at a slope of 20:1 for a horizontal distance of 4,000 feet.
(e)
Height
Limitations.
Except as otherwise provided in this zoning
ordinance, no structure shall be erected, altered, or maintained,
and no tree shall be allowed to grow in any zone created by this zoning
ordinance to a height in excess of the applicable height limit herein
established for such zone. Such applicable height limitations are
hereby established for each of the zones in question as follows:
(1)
Approach Zones - Runway 15/33.
One foot in height for
each 20 feet in horizontal distance beginning at the end of and at
the elevation of the primary surface and extending to a point 5,000
feet from the end of the primary surface.
(2)
Transitional Zones.
Slope seven feet outward for each
foot upward beginning at the sides of each at the same elevation as
the primary surface and the approach surface, and extending to a height
of 150 feet above mean sea level.
(3)
Horizontal Zone.
Establishing at 150 feet above the
airport elevation, or a height of 504 feet above mean sea level.
(4)
Conical Zone.
Slopes 20 feet outward for each foot upward
beginning at the periphery of the horizontal zone and at 150 feet
above the airport elevation and extending to a height of 350 feet
above the airport elevation.
(f)
Use
Restrictions.
Notwithstanding any other provisions of this section 14.609, no use may be made of land or water within any zone (see section 14.609(d), Zones) established by this section 14.609 in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, taking off, or maneuvering of aircraft intending to use the airport.
(g)
Nonconforming
Uses.
(1)
Regulations Not Retroactive.
(A)
The regulations prescribed by this section 14.609 shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this zoning ordinance, or otherwise interfere with the continuance of any nonconforming use.
(2)
Marking and Lighting.
(A)
Notwithstanding the preceding subsection of this section, the owner
of any nonconforming structure or tree is required to permit the installation,
operation, and maintenance thereon of such markers and lights as shall
be deemed necessary by the city manager, to indicate to the operators
of aircraft in the vicinity of the airport, the presence of such airport
hazards.
(B)
Such markers and lights shall be installed, operated and maintained
at the expense of the city.
(h)
Permits.
(1)
Future Users.
(A)
Except as specifically provided in subsections 14.609(h)(1)(C)(i)
and 14.609(h)(1)(C)(ii) below, no material change shall be made in
the use of land, no structure shall be erected or otherwise established,
and no tree shall be planted in any zone created unless a permit has
been applied for and granted.
(B)
Each application for a permit shall indicate the purpose for which
the permit is desired, with sufficient particularity to permit it
to be determined whether the resulting use, structure, or tree would
conform to the regulations herein prescribed.
(C)
If such determination is in the affirmative, the permit shall be
granted. No permit for a use inconsistent with the provisions of this
section shall be granted unless a variance has been approved in accordance
with subsection 14.609(h)(3) [(h)(4)], Variances, below.
(i)
In the area lying within the limits of the horizontal zone and conical
zone, no permit shall be required for any tree or structure less than
75 feet of vertical height above the ground, except when, because
of terrain, land contour, or topographic features, such tree or structure
would extend above the height limits prescribed for such zones.
(ii)
On areas lying within the limits of the Approach Zones - Runway
15/33, but at a horizontal distance of not less than 4,200 feet from
each end of the runway, no permit shall be required for any tree or
structure less than 75 feet of vertical height above the ground, except
when such tree or structure would extend above the height limit prescribed
for such approach zones.
(D)
Nothing contained in any of the foregoing exceptions shall be construed
as permitting or intending to permit any construction, or alteration
of any structure, or growth of any tree in excess of any of the height
limits established by this zoning ordinance except as set forth in
section 14.609(e), Height Limitations.
(2)
Existing Uses.
No permit shall be granted that would
allow the establishment or creation of any airport hazard or permit
a nonconforming use, structure, or tree to be made or become higher,
or become a greater hazard to air navigation, than it was on the effective
date of this zoning ordinance or any amendments thereto, or than it
is when the application for a permit is made. Except as indicated,
all applications for such a permit shall be granted.
(3)
Nonconforming Uses Abandoned or Destroyed.
Whenever
the city manager determines that a nonconforming structure or tree
has been abandoned or more than 80% has been torn down, physically
deteriorated, or decayed, no permit shall be granted that would allow
such structure or tree to exceed the applicable height limit or otherwise
deviate from the zoning regulations.
(4)
Variances.
(A)
Any person desiring to erect or increase the height of any structure,
or permit the growth of any tree, or use his property in violation
of the regulations prescribed in this zoning ordinance, may apply
to the airport board of adjustment for a variance from such regulations
in question.
(i)
The application of [for] variance shall be accompanied by a determination
from the Federal Aviation Administration as to the effect of the proposal
on the operation of air navigation facilities, and the safe, efficient
use of navigable airspace.
(ii)
Such variances shall be allowed where it is duly found that
a literal application or enforcement of the regulations will result
in unnecessary hardship and the relief granted would not be contrary
to the public interest, but do substantial justice, and be in accordance
with the spirit of this zoning ordinance.
(B)
Additionally, no application for variance to the requirements of
this zoning ordinance may be considered by the airport board of adjustment
unless a copy of the application has been furnished to the Gonzales
County joint airport zoning board for advice as to the aeronautical
effects of the variance.
(i)
If the Gonzales County joint airport zoning board does not respond
to the application within 15 days after receipt, the airport board
of adjustment may act on its own to grant or deny the application.
(5)
Obstruction Marking and Lighting.
Any permit or variance
granted may, if such action is deemed advisable by the city manager
or the airport board of adjustment to effectuate the purpose of this
zoning ordinance and be reasonable in the circumstances, be so conditioned
as to require the owner of the structure or tree in question to allow
the city manager to install, operate, and maintain, at the expense
of the city such markings and lights as may be necessary.
(i)
City
Manager to Enforce Provisions.
(1)
It shall be the duty of the city manager to administer and enforce
the regulations prescribed herein.
(2)
Applications for permits shall be made to the city manager upon a
form published for that purpose.
(3)
Applications required by this zoning ordinance to be submitted to
the city manager shall be promptly considered and granted or denied.
(4)
Applications for variances shall be made to the board of adjustment
by first filing the application for variance with city manager who
shall forthwith transmit the application to the board of adjustment
for determination.
(k)
Appeals.
(1)
Any person aggrieved, or any taxpayer affected, by any decision of
the city manager made in his administration of this zoning ordinance,
if of the opinion that a decision of the city manager is an improper
application of these regulations, may appeal to the board of adjustment.
(2)
All appeals hereunder must be taken within a reasonable time as provided
by the rules of the board of adjustment, by filing with the city manager
a notice of appeal specifying the grounds thereof. The city manager
shall forthwith transmit to the airport board of adjustment all the
papers constituting the record upon which the action appealed from
was taken.
(3)
An appeal shall stay all proceedings in furtherance of the action
appealed from, unless the city manager certifies to the airport board
of adjustment, after the notice of appeal has been filed with it,
that by reason of the facts stated in the certificate, a stay would,
in the opinion of the city manager, cause imminent peril to life or
property. In such case, proceedings shall not be stayed except by
order of the airport board of adjustment on notice to the city manager
and on due cause shown.
(4)
The airport board of adjustment shall fix a reasonable time for hearing
appeals, give public notice and due notice to the parties in interest,
and decide the same within a reasonable time. Upon the hearing any
party may appear in person or by agent or by attorney.
(5)
The airport board of adjustment may in conformity with the provisions
of this zoning ordinance, reverse or affirm, in whole or in part,
or modify the order, requirement, decision or determination appealed
from and may make such order, requirement, decision or determination,
as may be appropriate under the circumstances.
(l)
Judicial
Review.
Any person aggrieved, or any taxpayer affected,
by any decision of the airport board of adjustment may appeal to a
court of competent jurisdiction, as provided by the Airport Zoning
Act, as amended, Texas Local Government Code, sections 241.041 through
241.043.
(m)
Additional
Remedies.
The city council may institute in any court
of competent jurisdiction, an action to prevent, restrain, correct,
or abate any violation of this zoning ordinance or of any order or
ruling made in connection with its administration or enforcement including,
but not limited to, an action for injunctive relief as provided by
the Airport Zoning Act, as amended, Texas Local Government Code, section
241.044.
(n)
Conflicting
Regulations.
Where there exists a conflict between any
of the regulations or limitations prescribed in this section and any
other regulations applicable to the same area, whether the conflict
be with respect to the height of structures or trees, the use of land,
or any other matter, the more stringent limitation or requirement
shall govern and prevail.
(Ordinance 2021-08 adopted 2/11/21)
