A. 
Site plan approval by the Planning and Zoning Commission and Town Council shall be required for all day care center sites, whether or not an CUP is required.
B. 
Day care centers are a permitted use by right if operated by an organized church and within the building complex of said church. However, operation of day care facilities requires site plan approval and issuance of a Certificate of Occupancy for day care.
C. 
Day care centers are permitted in nonresidential districts only when:
1. 
The day care center is platted on an individual lot; or
2. 
The day care center is in a multi-occupant building with direct access to the exterior of the building. Direct access must be provided to the outdoor play space, and the outdoor play space must be immediately adjacent and not separated from the day care center; or
3. 
The day care center is located in an office structure or similar single-user structure with no direct access to the exterior of the building other than doorways connecting to outdoor play space, as per building code requirements; or
4. 
The day care center is an accessory use that provides a service to employees, customers or patrons of the principal use. A two-square-foot identification sign may be provided; or
5. 
The day care center is in an accessory building located on the same lot as the main building (e.g., an office building) and provides a service to employees, customers or patrons of the main building. A two-square-foot identification sign may be provided.
D. 
All day care centers shall comply with the following standards:
1. 
All passenger drop-off areas and outdoor play space shall be located so as to avoid conflict with vehicular traffic. Adequate walkways shall be provided.
2. 
Outdoor play space shall be provided at a rate of sixty-five (65) square feet per child (based upon the maximum design capacity). The required outdoor play space shall have no dimension of less than thirty feet (30'). This requirement may be waived by the Planning & Zoning Commission and/or Town Council if the day care is provided for less than four (4) hours per day for the children.
3. 
No day care center shall be part of a one- or two-family dwelling.
4. 
A day care center shall abut and derive its primary access from a street with a pavement width of 36 feet or greater, and shall have direct access to a median opening on a median-divided roadway (existing or planned).
5. 
No portion of a day care center site shall be located within three hundred feet (300') of gasoline pumps or underground fuel storage tanks, or any other storage area/facility for explosive materials.
6. 
All other aspects of a day care center site shall conform to regulations and/or guidelines established by the Texas Department of Human Resources and/or the Texas Department of Protective and Regulatory Services.
(Ordinance 361-05 adopted 3/22/05)
Editor’s note–Former section 30.3, pertaining to oil and gas well drilling and production, and deriving from Ord. 461-08 adopted 11/18/08 and Ord. 513-11, sec. 9, adopted 3/15/11, was repealed and deleted in its entirety by Ord. 526-11 adopted 10/18/11. For a complete derivation of this section, see the ordinance disposition table. These provisions can now be found in Chapter 32 of this exhibit.
A. 
No person shall operate a farmers’ market without first obtaining a conditional use permit (“CUP”) under this chapter, and without first obtaining any necessary permit(s) required by chapter 6 of the Town Code of Ordinances.
B. 
Farmers’ markets shall be located on properly zoned private property. An active business other than a farmers’ market shall be currently operating on the property. The owner or operator of the farmers’ market shall obtain a notarized letter from the business owner stating that the market has permission to operate on the property. The notarized letter shall be submitted to the Town at the time of CUP application.
C. 
Outside storage in excess of seventy-two (72) hours is prohibited.
D. 
Farmers’ markets must meet the minimum setback requirements as set forth in Chart 4.4.
E. 
Farmers’ markets shall meet the requirements of Section 12.3.C.7.a of this ordinance, with the exception of Section 12.3.C.7.a.1.
F. 
No more than 20 percent (20%) of the display area allocated to each vendor shall be devoted to nonfood items.
G. 
The resale of household goods, personal effects, tools, small household appliances and other items of a similar nature shall be prohibited.
H. 
The sale of plants, shrubs, trees and materials used in indoor or outdoor planting or pest prevention shall be prohibited, except any potted or hanging plants of one gallon or less. The sale of fresh herbs shall be exempt from this requirement.
I. 
The sale of firewood shall be prohibited.
J. 
The sale or keeping of animals shall be prohibited.
K. 
Conveniently located toilet facilities shall be available for all vendors and customers. A notarized letter from the business owner granting the market vendors access to toilet facilities during all hours of the farmers’ market operation shall be submitted to the Town with the CUP application.
L. 
The owner or operator of a farmers’ market shall ensure that all trash, refuse and garbage is removed from the site at the end of each day or that trash, refuse and garbage is placed in appropriate containers for later disposal. The premises occupied by the farmers’ market shall be kept clean and free of accumulated trash, refuse or garbage during the hours of operation.
M. 
The owner or operator of a farmers’ market commits an offense if the farmers’ market is operated in violation of any provision of this section. Any violation of this section may be subject to prosecution in municipal court.
(Ordinance 418-07, sec. 3, adopted 3/20/07; Ordinance 657-19, sec. 2, adopted 5/21/19)
A. 
The purpose of this Subsection is to provide basic criteria and more particularized standards for the development and maintenance of Utility Regulating Stations (as defined in Chapter 2, Definitions, Section 2.2(193)), which includes without limitation Electric Substations, Electric Switch Stations, and similar facilities. These reasonable regulations serve to preserve the integrity of adjacent affected properties and to prevent imminent destruction of property or injury to persons, while ensuring that the mitigating requirements set forth in this Subsection conform to the Town’s Zoning Ordinance. The regulations set forth in this Subsection further serve to protect the health, safety, and general welfare of the public and to accomplish the orderly and practical development of Utility Regulating Station facilities in the Town.
B. 
It is further the purpose of this Subsection to: (1) preserve neighborhood visual cohesion, avoid eyesores, and avoid diminished property values, (2) adopt the most current National Electrical Safety Code, as amended (NESC), and the most current North American Electric Reliability Corporation Critical Infrastructure Protection regulations, as amended (NERC CIP) to be applicable to Stations, and (3) to provide for architectural variety, compatible scale, and mitigation of negative impacts.
C. 
All technical industry words and phrases related to Utility Regulating Stations not specifically defined in the Town’s Zoning Ordinance or this Subsection shall have the meanings customarily attributable thereto by prudent operators in the electric industry. For the purposes of this Subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
1. 
Electric Distribution Line
means any electric line or part of the power system which distributes electric power at less than 60kV when measured phase to phase, and is utilized to deliver and serve electric power to local utility customers. Electric Distribution Lines include both overhead and underground facilities and circuits that operate at a primary rated distribution voltage level of 13.2kV/7.62kV Grounded Wye. The distribution system includes that part of the distribution line transformers and all other necessary equipment to step the primary voltage down to a lower secondary voltage level to meet service requirements.
2. 
Electric Substation
means a structure that is part of an electric generation, transmission, and distribution system which either (a) converts electric energy to a lesser voltage for the purpose of subregional or localized distribution; (b) functions as a transition point from overhead to underground electric transmission lines; or (c) acts as the point of convergence for two or more transmission lines.
3. 
Electric Switch Station
means a substation without transformers and operating only at a single voltage level.
4. 
Station
means a Utility Regulating Station, Electric Substation, or Electric Switch Station.
5. 
Transmission Line
means any electric line operating at a nominal line-to-line voltage equal to or greater than 60,000 volts.
D. 
To the extent that the requirements in this Subsection conflict with other requirements appearing elsewhere in the Town’s Zoning Ordinance, the more restrictive requirement controls.
E. 
Site plan approval by the Planning and Zoning Commission and Town Council in accordance with Chapter 3 of the Town’s Zoning Ordinance shall be required for all Utility Regulating Stations (including Electric Substations and Electric Switch Stations as defined in this Subsection).
F. 
Utility Regulating Stations are permitted through a Conditional Use Permit (CUP) utilizing the procedures set forth in Chapter 16 of the Town’s Zoning Ordinance, under the standards set forth in Chapter 14A of the Town’s Zoning Ordinance, and in the zoning districts specified in Chapter 14A of the Town’s Zoning Ordinance.
G. 
All Utility Regulating Stations (including Electric Substations and Electric Switch Stations as defined in this Subsection) shall comply with the following standards:
1. 
Environmental Report:
Prepare and submit to the Town an Environmental Assessment under the guidelines set forth in the U.S. Department of Agriculture Rural Utility Service environmental regulations, Part 1970, Subpart C, Sections 1970.101. through 1970.104, and Exhibit B thereto, as may be found at https://www.rd.usda.gov/publications/regulations-guidelines/instructions, as amended.
2. 
Screening Wall:
A minimum ten foot (10') brick or stone masonry wall is required around the perimeter of the Station structures and facilities to screen the view from public rights-of-way and from adjoining properties.
3. 
Landscaping:
A minimum twenty-foot (20') wide landscape area shall be provided around the perimeter of the screening wall. Six (6) evergreen ornamental trees and thirty (30) evergreen shrubs shall be provided for every 100 hundred linear feet (100') of perimeter landscaping. Recommended evergreen ornamental trees are: Eastern Red Cedar, Wax Myrtle, and tree Yaupon Holly. Recommended evergreen shrubs are: Dwarf Yaupon Holly, Dwarf Bufford Holly, and Gulf Muhly. Required landscaping may be planted in regular intervals or in clusters. Trees shall be preserved in accordance with Section 18.10 of the Town’s Zoning Ordinance, as amended. Irrigation responsibility and maintenance for all landscaping shall be provided in accordance with Sections 18.8 and 18.9 of the Town’s Zoning Ordinance, as amended. Landscaping shall not interfere with the physical security of the Station pursuant to NERC CIP.
4. 
Gates:
Gates shall be provided at all entrances, and shall be a no-climb gate. Wrought iron or similar metal gates shall be permitted for the gate material so long as the gate is not situated directly across from a residence. If the gate is situated directly across from a residence, then it shall be constructed of opaque or semi-opaque metal to provide reasonable screening to the interior of the station from public view. Chainlink material is not permitted in any case.
5. 
Setbacks:
Stations shall be set back in accordance with this Subsection in order to comply with the screening wall, landscaping, and access and transportation requirements of this Subsection. Stations shall be set back from property lines adjacent to residential properties the same distance as the adjacent residential properties’ zoning requires.
6. 
Access and Transportation:
Access and transportation into and around the Station should be provided to minimize the impacts on adjacent properties, intersections, and the overall Town street system. Access to the Station should be carefully considered to limit the number of entrances that allow greater visibility into the Station, while simultaneously allowing for adequate maneuvering of trucks and other heavy equipment necessary to construct, operate, and maintain the Station. Driveways shall be located on the perimeter streets of the lowest classification unless the only reasonable means of providing safe and adequate access to the property, as determined by the Town Engineer, is to access a street of higher classification. Driveways shall be located so as not to be directly across from the front yards of residential structures or uses, unless otherwise approved by the Town Council. No more than two driveways shall be located on each perimeter street. Driveways shall be constructed of concrete from the back of edge of the street to the entrance gate of the station, and gravel is not a permitted driveway material for any driveway outside of the Station’s perimeter screening wall.
7. 
Parking:
No parking spaces are required. If provided, parking spaces outside the screening wall shall be screened from public view.
8. 
Safe Distance from Gas Wells:
Stations shall be located a safe distance from gas wells per Texas Railroad Commission Rules and/or Texas Commission on Environmental Quality Rules, whichever rules provide the greatest distance.
9. 
Miscellaneous standards:
The Station must comply with the following development standards appearing in the NESC and/or NERC CIP, as amended, and as applicable:
a. 
Height
b. 
Noise, except that the same standards apply as those that apply to residential properties that are adjacent to a Station under the Town’s Zoning Ordinance, Chapter 27, as amended.
c. 
Voltage Limitations
d. 
Warning Sirens
e. 
Lighting, except that the same lighting and glare standards apply as set forth in Chapter 28 of the Town’s Zoning Ordinance, as amended.
f. 
Internal Illumination
g. 
Vibration, except that the same vibration standards apply as set forth in Chapter 27 of the Town’s Zoning Ordinance, as amended.
h. 
Electric Interference
i. 
Other development standards established by NERC CIP, as amended.
j. 
Other standards as set forth in Chapter 27 of the Town’s Zoning Ordinance, as amended.
10. 
Line Clearance Standards:
Electric distribution lines, transmission lines and other electric lines shall comply with clearance criteria in the NESC, as amended.
(Ordinance 618-17 adopted 4/18/17)