The following requirements shall be required for the specified
use:
(a)
Residential
Dwellings.
(1)
All Types of Residential Dwellings.
All site-built dwellings shall meet the following requirements:
(a)
Minimum Floor Area.
The dwelling shall meet the minimum
square footage requirements for the zoning district in which it is
to be located and must be 20 feet in width by 40 feet in length. The
width or length of the dwelling may be reduced where the building
will be two (2) stories in height and meet the minimum floor area
requirement of the zoning district.
(b)
Roof.
The home shall have a roof with a minimum rise
of 3:12, composed of a material customarily used on site-built residential
dwellings, such as fiberglass, shake, asphalt, slate, metal or tile,
which shall be installed onto a surface appropriately pitched for
the materials used.
(2)
Temporary Use; Permits for Manufactured Homes.
i.
Circumstances for Permit Issuance.
Subject to conditions,
fees, and standards otherwise required by this title, a temporary
use permit may be issued:
1.
To an applicant to use a manufactured or manufactured home as a construction
office at a job site;
2.
To an applicant whose own health or health of another necessitates
care, and emergency situations where the facts show that an unnecessary
hardship would occur if not permitted to locate a manufactured or
manufactured home adjacent to the residence of one who is able to
provide care or in need of care; or
3.
If a home is burned, a manufactured home could be placed on the property
by order of the Planning and Zoning Commission prior to the granting
of the variance.
4.
No more than one (1) manufactured home should be allowed on a parcel
of land.
ii.
Length of Permit.
A temporary use permit may be issued,
at the discretion of the plan commission, for a period not to exceed
twelve (12) months.
iii.
Permit Expiration.
At the time the temporary permit
expires, the manufactured or manufactured home and all appurtenances
shall be removed from the property unless a variance has been granted
by the Planning and Zoning Commission for additional time.
iv.
Utility Requirements.
Manufactured or manufactured homes
used for temporary uses shall have an approved water supply, sewage
disposal system, and utility connections, where appropriate, and at
the discretion of the Planning and Zoning Commission.
(b)
Home
occupations.
(1)
The
regulations of this section apply to home occupations that are accessory
to a residential use.
(2)
The
home occupation shall be incidental and secondary to the use of the
dwelling for living purposes and does not occupy more than one-fourth
of the floor area of a story, cellar, or accessory structure.
(3)
There
shall be no signs, display, or activity that will indicate from the
exterior that the building is being used, in part, for any purpose
other than that of a dwelling, except one sign, not to exceed 2' x
3'.
(4)
There
shall be no services rendered that require receipt and delivery of
merchandise, goods, or equipment by other than a passenger motor vehicle
or by licensed commercial delivery service provider.
(5)
All
activity, including storage, shall be conducted completely within
the dwelling unit, attached garage, or detached garage.
(6)
There
shall be no perceptible noise, odor, smoke, electrical interference,
or vibration emanating from the structure between the hours of 7:00
p.m. and 7:00 a.m. local time.
(c)
Roadside
Stands.
(1)
The
stand shall be located at a safe distance from the traveled way, and
not within a road ROW or easement without a permit.
(Ordinance 99-0928-A adopted 10/12/21)
The following requirements shall be complied with for the specified
use:
(a)
Retail
Uses with More Than 30,000 Square Feet of Floor Area.
(1)
The
design of the center shall ensure that vehicular circulation patterns
will minimize conflicts between vehicles and pedestrians on-site.
(2)
Internal
drives defined by the ends of aisles shall have raised curbed landscape
islands at appropriate locations to define circulation paths and control
movements through the parking lot.
(3)
Any
outlots shall have shared access and circulation with the main shopping
center.
(4)
A minimum buffer/setback of 20 feet shall be provided between the parking lot or loading area and any adjacent residential district landscaped in accordance with Article 11.
(5)
Loading
facilities which serve the commercial establishment in the principal
building shall be screened from public view.
(6)
Any
outlots shall have access, circulation and parking designed to complement
the entire site.
(b)
Drive-Through
Accessory to a Retail Use.
(1)
The
drive-through facility must be attached to the structure.
(2)
The
drive-through facility shall be located on the side or rear elevation
of the building to minimize visibility from the roadway. The site
shall be oriented so that drive-through lanes and pickup windows are
not a prominent feature of the building.
(3)
The drive-through service shall be screened from adjacent residential land uses by a solid screening wall in accordance with Article 10, such that it will not impact the use and enjoyment of the residential land use.
(4)
Clear
identification and delineation between the drive-through facility
and the parking lot shall be provided.
(5)
There
shall be a minimum of three (3) stacking spaces.
(6)
Each
drive-through facility shall provide an escape lane to allow other
vehicles to pass those waiting to be served. The Planning and Zoning
Commission may waive the requirement for an escape lane where it can
be demonstrated that such a waiver will not result in an adverse effect
on public safety or the convenience of patrons of the facility.
(c)
Planned
Neighborhood Shopping Center Residential Zoning Districts.
(1)
A
special use shall be required for a planned neighborhood shopping
center in the residential zoning districts to provide day-to-day convenience
shopping to adjoining residential neighborhoods.
(2)
The
site shall have frontage and access to major thoroughfare.
(3)
The
total commercial floor area shall be no more than 20,000 square feet.
(4)
Uses
shall be limited to those permitted in the C1 district.
(5)
Architectural
and sign treatment shall be compatible with the character of the surrounding
residential area in terms of building materials and scale.
(Ordinance 99-0928-A adopted 10/12/21)
(Ordinance 99-0928-A adopted 10/12/21)
The following requirements shall be complied with for the specified
use:
(a)
Vehicle
Service and Repair, Major and Minor.
(1)
All
repair work shall be conducted completely within an enclosed building.
(2)
Storage of wrecked, partially dismantled, or other derelict vehicles is prohibited, unless such storage is required under police or court order. Vehicles awaiting repair shall not be stored outdoors for more than ten (10) days and shall be screened with an eight (8) foot high screen wall in accordance with Article 10.
(3)
There
shall be no outdoor storage or display of vehicle components and parts,
supplies, or equipment or other merchandise, except within an area
defined on the site plan which extends no more than 10 feet beyond
the building.
(b)
Automobile
Wash.
(1)
The site shall have sufficient road frontage to be able to meet all of the driveway access spacing requirements of Section 11.04.
(2)
All
washing facilities shall be within a completely enclosed building.
(3)
Where adjoining a residential district, a solid screening wall shall be erected along any common lot line in accordance with Article 10.
(4)
Vacuuming
and drying may be located outside the building but shall not be in
the required front yard and shall be set back at least 40 feet from
any residential district.
(5)
All
cars required to wait for access to the facilities shall be provided
stacking spaces fully off the street right-of-way which does not conflict
with vehicle maneuvering areas to access gasoline pumps or vacuums.
(c)
Vehicle
Service Stations and Truck Stops.
(1)
The site shall have sufficient road frontage to be able to meet all of the driveway access spacing requirements of Section 11.04.
(2)
Pump
islands shall be a minimum of 20 feet from any public right-of-way
or lot line, and at least 50 feet from any residential lot line.
(3)
Where adjoining residentially zoned or used property, a solid screening wall shall be erected along any common lot line in accordance with Article 10.
(4)
Access driveways shall meet the standards of Section 11.04; turning movements may be restricted in consideration of traffic conditions. Only one (1) driveway shall be permitted from each street.
(5)
All
vehicle service and repair shall comply with Section 14.04(a) above.
(6)
The
design and materials of the canopy shall be compatible with the principal
building. The proposed clearance of any canopy shall be noted on the
site plan. Canopy lighting shall be recessed such that the light source
cannot be seen from off-site.
(Ordinance 99-0928-A adopted 10/12/21)
The following requirements shall be complied with for the specified
use:
(a)
Bed
and Breakfast Inns.
(1)
The
regulations of this section only apply to bed and breakfast inns located
in residential districts. When located in nonresidential districts,
the requirements applicable to hotels shall apply.
(2)
The
inn shall be a private residence, owned by the innkeeper and the residence
in which the innkeeper resides while renting the rooms to transient
guests.
(3)
An
inn located in a residential zoning district shall not be permitted
to operate a restaurant that is open to the general public and may
only offer breakfast to the guests.
(4)
The
inn shall be operated in its entirety within the principal dwelling
and not within any accessory building, except for incidental storage
in use of a residential type garage.
(5)
There
shall be no exterior evidence, other than a permitted sign, to indicate
that the residence is being utilized for any purpose other than that
of a dwelling.
(6)
There
shall be no alteration or construction not customarily found in residential
dwellings; except modifications as recommended by the fire department
such as fire protection and fire suppression equipment.
(7)
The
inn shall be inspected by the fire department and the Grayson County
Health Department for compliance with fire code and health code requirements
prior to operation.
(8)
Guests
are not allowed to stay longer than 14 consecutive days or 30 days
in any one calendar year at any tourist home/bed and breakfast location.
(9)
Sufficient
off-street parking shall be required as for commercial lodging establishments.
Existing buildings and structures that contribute towards the residential
character of the site shall be retained and incorporated into the
site design to the maximum extent practical. All required parking
for any bed and breakfast inn shall be screened from adjacent residential
uses.
(b)
Restaurants
with Drive-Through Service.
(1)
The
drive-through facility shall be located on the side or rear elevation
of the building to minimize visibility from the public or private
roadway. The site shall be oriented so that drive-through lanes and
pickup windows are not a prominent feature of the building.
(2)
The drive-through service shall be screened from adjacent residential land uses by a solid screening wall in accordance with Article 10, such that it will not impact the use and enjoyment of the residential land use.
(3)
Clear
identification and delineation between the drive-through facility
and the parking lot shall be provided.
(4)
There
shall be a minimum of 10 stacking spaces.
(5)
Each
drive-through facility shall provide an escape lane to allow other
vehicles to pass those waiting to be served.
(6)
Only
one (1) access shall be provided onto any street.
(7)
Where
the restaurant is constructed adjacent to other commercial uses, a
direct vehicular access connection shall be established with the adjoining
property if possible.
(c)
Restaurants
in Industrial Districts.
(1)
The
restaurant shall be located within an office structure or industrial
building or shall be located in a freestanding building as part of
an overall industrial or office park.
(2)
The
restaurant shall be planned as a part of an overall plan for development
and shall be part of a service establishment complex for such development.
(3)
The
restaurant shall comprise not more than 20% of the land area of an
overall development.
(4)
There
shall be no more than one (1) restaurant in a freestanding building
per business park.
(5)
Drive-in
or drive-through restaurants shall be prohibited.
(d)
Mobile
Food Vendors and Food Truck Parks.
(1)
Violation; Penalty.
(a)
Unless exempted from the provisions of this article, it shall be
unlawful for a person to engage in, transact or conduct the business
or occupation of a Mobile Food Unit vending within the City without
first having obtained a Mobile Food Unit Permit with the City Clerk’s
Office or to violate any provision of this ordinance[.]
(b)
Any person, firm, entity or corporation who violates any provision
of this Ordinance shall be deemed guilty of a misdemeanor, and upon
conviction, therefor, shall be fined in accordance with State Law.
Each continuing day’s violation shall constitute a separate
offense. The penal provisions imposed under this Ordinance shall not
preclude Bells from filing suit to enjoin the violation. Bells retains
all legal rights and remedies available to it pursuant to local, state,
and federal law.
(2)
Categories of mobile food units and where allowed.
(a)
Unrestricted Mobile Food Unit.
Unrestricted Mobile Food
Units must have access to an approved commissary on a daily basis
for servicing. These units may operate on private property at one
or more locations depending upon owner’s permission and must
comply with all City of Bells ordinances, rules, and regulations.
(b)
Restricted Mobile Food Unit.
Under this type of permit,
no open food preparation or handling may occur. All food items including
beverages and condiments must be prepackaged at an approved food establishment
or come prepackaged from an approved source. These units may operate
on private property at one or more locations depending upon owner’s
permission and must comply with all City of Bells ordinances, rules,
and regulations.
(c)
Limited-Service Mobile Food Unit.
Under this type of
permit, the Mobile Food Unit may only operate as indicated:
1.
Ice Cream Trucks or Push Carts serving packaged, frozen treats. These
units are only allowed to drive through neighborhoods and stop for
only a brief period of time to serve their product.
2.
Mobile Vending Food Units selling whole fruits and raw vegetables.
These Units may set up for a brief period of time at private locations
with the property owner’s permission or may drive through neighborhoods
and stop for only a brief period of time to serve their product.
3.
Trucks selling packed frozen steaks, chicken, seafood, and frozen
foods. These units can only sell their products door to door and are
limited to neighborhoods and local businesses.
|
Mobile food units are prohibited from operating in a zoning
district contrary to the Zoning Districts defined in this City’s
Code of Ordinances.
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(3)
Vehicle Requirements.
A Mobile Food Unit, in addition
to any requirements of the Grayson County Health Department, shall:
(a)
Maintain the vehicle in a clean, undamaged condition, both inside
and outside, and in good working order, in compliance with any and
all other City’s ordinances[.]
(b)
Keep all required permits or copies of permits on the vehicle or
Mobile Food Unit at all times.
(c)
Display on the vehicle current license plates and current vehicle
safety inspection information in accordance with current State Law.
Display on the vehicle’s windshield, the appropriate permit
issued by the City of Bells showing that the Mobile Food Unit is permitted
to operate within the city limits.
(d)
Display copies of the Texas Sales and Use Tax Permit and the Grayson
County Health Department Permit on the vehicle at all times.
(e)
Only serve or distribute food as specified on the permit issued by
the Grayson County Health Department. This permit must be displayed
on the vehicle.
(f)
Central Preparation Facility/Commissary:
All Unrestricted
Mobile Food Units must work with a Central Preparation Facility or
Commissary under the jurisdiction of the Grayson County Health Department.
1.
Ice Cream Trucks or Push Carts serving packaged, frozen treats. These
units are only allowed to drive through neighborhoods and stop for
only a brief period of time to serve their product.
2.
The central preparation facility, commissary, or other fixed food
service establishment, used as a base of operation for a mobile food
unit, must be constructed and operating in compliance with this Chapter
and the Grayson County Health Department.
3.
The servicing area must include overhead protection for any supplying,
cleaning, or servicing operation; a location for the flushing and
draining of liquid waste separate from the location provided for water
service and the loading and unloading of food and related supplies;
and a surface constructed of a smooth nonabsorbent material, including,
but not limited to concrete or machine-laid asphalt, that is maintained
in good repair, kept clean, and graded to drain.
4.
Servicing Methods and Equipment:
Potable water servicing
equipment must be installed according to all applicable City Ordinance,
county, state, and federal law, and stored and handled in a way that
protect the water and equipment from contamination.
i.
The liquid waste retention tank for a mobile food unit must be thoroughly
flushed and drained during the servicing operation.
ii.
All liquid waste must be discharged to a sanitary sewerage disposal
system constructed and operated according to all applicable city ordinances,
county, state, and federal law.
iii.
Liquid waste may not be discharged from a Mobile Food Unit while
the Mobile Food Unit is in motion.
5.
Site cleanup.
A service site must be left in a clean,
waste-free condition.
6.
Food preparation and services.
Food may not be prepared
or served while the mobile food unit is in motion or in an area that
exposes any person present to a health or safety hazard.
7.
A mobile food unit may not serve, sell, or distribute any food or
beverage if the food central preparation facility or commissary does
not supply, clean, or service the mobile food unit in accordance with
this section.
(4)
Mobile Food Unit Operating Requirements.
(a)
Any person operating a motor vehicle as a mobile food unit must have
at least one person who is a currently licensed driver with a valid
driver’s license with the vehicle at all times.
(b)
Waste containers (inside and outside the unit) shall be durable,
easily cleanable, insect-proof, rodent-proof, nonabsorbent to liquids,
leak-proof and lined with a plastic bag. Containers shall have tight-fitting
lids and must be maintained on each mobile food unit in a number sufficient
to contain all trash and garbage generated by the unit. There shall
be at least one waste container outside the unit and have sufficient
capacity to accommodate all garbage and refuse that accumulates. Before
the mobile food unit leaves a vending site, all trash and garbage
must be removed from the site. Excessive trash and garbage shall not
be allowed to accumulate inside or around the mobile food unit. All
trash and garbage must be disposed of in an approved garbage receptacle.
(c)
A mobile food unit must comply with the City of Bells Zoning Requirements
governing mobile food units. Each mobile food unit shall:
1.
Operate in approved areas with appropriate zoning designation;
2.
Operate with approved permits;
3.
May not sell or serve food on any public street, sidewalk, or other
public right-of-way without appropriate permits from the City of Bells
and Grayson County;
4.
Outside walking, driving and parking areas shall be on an Improved
Surface;
5.
Operate according to approved itinerary;
6.
Mobile Food Units must not obstruct traffic movement, fire lanes
and drive aisles;
7.
Mobile Food Units shall not impede access to the entrance or driveway
of any adjacent building;
8.
Mobile Food Units cannot impair visibility or safety on-site; and
9.
When out of service be parked at the approved central preparation
facility, commissary, or other location in compliance with city ordinance
and/or county, state and federal law.
(d)
A mobile food unit must have written authorization from the owner
or person in control of each premise from which the mobile food unit
will sell or serve food. The authorization must include the specific
dates and times during which the unit is authorized to be present
on the premise. A current copy of each authorization must be maintained
on file with the City of Bells City Clerk’s office, as well
as in the mobile food unit files for review by inspectors.
(e)
Adequate separate toilet facilities must either be provided on the
mobile unit or be available at a nearby permanent facility. If a nearby
toilet is used, a separate written agreement granting permission for
the mobile food unit employees to access the toilet facilities must
be obtained from the owner or person in control of the facilities
if the mobile food unit will be at the same location for more than
two (2) hours.
(f)
No cooking may be conducted while the vehicle is in motion.
(g)
Covers with secure latches for deep fryers, steam tables and similar
equipment must be provided and installed while the vehicle is in motion.
(h)
Shall follow all additional requirements of the Grayson County Health
Department which are not included in this Chapter.
(5)
Structural requirements for Unrestricted Mobile Food Units.
(a)
Unrestricted mobile food units must have a potable water system under
pressure that is equipped with a permanently installed water supply
tank of sufficient capacity to furnish enough hot and cold water for
food preparation, utensil cleaning and sanitizing, and handwashing.
(b)
The water supply tank must be equipped with a water inlet that is
located where it will not be contaminated by waste discharge, road
dust, oil or grease. Any unauthorized connection to the City’s
public water system and/or the dumping or release of grease into the
City’s sanitary sewer system shall be prohibited. An Unrestricted
Mobile Food Unit may, with approval from the Director of Public Works,
connect to the City’s water supply provided the mobile food
establishment has proper backflow devices installed. All backflow
devices must be installed and maintained in conjunction with the City’s
Code of Ordinances.
(c)
If liquid waste results from the operation of a mobile food unit,
it must have a liquid waste retention system that is equipped with
a permanently installed retention tank of at least fifteen (15%) percent
larger capacity than the potable water supply tank, is equipped with
servicing connections that are located lower than the water inlet
to prevent contamination of the potable water system and are of a
different size or type than the connection used for supplying potable
water to the unit and is properly sloped to drain and collect all
potential liquid waste.
(d)
Floors must be constructed of a smooth, durable material such as
durable grades of acid resistant linoleum, or better grades of tile.
No carpet is allowed. All junctures between floor and walls, equipment
and shelves shall be sealed and covered. Equipment and shelves must
be elevated a minimum of six (6) inches or sealed to floor. All service
lines and pipes must be installed off the floor to allow for easy
cleaning.
(e)
Interior walls, wall coverings and ceilings shall be smooth, non-absorbent
with easily cleanable surfaces. All other exposed wood surfaces must
be smooth, sealed, or painted with epoxy type products. All edges
must be protected, covered, or beveled. Studs, joists, and rafters
shall not be exposed.
(f)
The cab of the vehicle must be physically separated from the food
preparation area, and the seats designated for the cook and any passengers
must be located outside of the food preparation area. Aisle space
must be unobstructed and at least thirty (30) inches wide.
(g)
All equipment and utensils must meet or exceed the standards published
by the National Sanitation Foundation.
(h)
All equipment must be placed, installed, stored, and secured on the
unit in a manner that allows for thorough cleaning and sanitizing
around the equipment and prevents movement of the equipment when the
unit is in motion. Counter-mounted equipment must be sealed directly
to the countertop or securely installed to provide a four-inch clearance
under the equipment. Floor-mounted equipment must be sealed directly
to the floor or securely installed to provide a six (6) inch clearance
under the equipment.
(i)
The unit must be equipped with a three-compartment sink with two
drainboards, both made of eighteen (18) gauge stainless steel. The
sink must have hot and cold water from an approved source. The sink
must be of sufficient depth to completely immerse the largest piece
of equipment used in the unit.
(j)
The unit must be equipped with a separate hand sink that must be
fully accessible and separated from the ware-washing by a splashguard
and have a mixing valve or a combination faucet, and hot and cold
water. Handwashing sinks are required to have a soap and paper towel
dispenser in close proximity.
(k)
Outer openings of the unit, including but not limited to service
windows, doors, pop-up vents, and sunroofs, must be insect- and rodent-proof.
Screens must be tightly fitted and in good repair with a maximum of
16 mesh per square inch. Entrance doors and service windows to the
food preparation area must be self-closing and must be kept closed
when not in use.
(l)
The unit must be equipped with a power source, approved by the City
of Bells that is capable of handling the power demands of the unit
and equipment when the unit is stopped or in motion. The power source
must be permanently installed in an area that is completely separated
from food preparation and food storage areas and must be accessible
for proper cleaning and maintenance.
(m)
Light bulbs and tubes must be covered and completely enclosed in
plastic safety shields or the equivalent.
(6)
Application and Review Process.
Any person desiring
to engage in, transact or conduct the business or occupation of a
Mobile Food Unit vending within the City shall apply for a Mobile
Food Unit Permit with the City Clerk’s Office. Upon receipt
of a completed application, the City Clerk shall obtain approval of
said application from the City’s third-party compliance inspector
for both structural and fire compliance, Chief of Police, and Grayson
County Health Department. Upon payment of the permit fee and approvals
of officials set forth above, the City Clerk shall deliver to such
Mobile Food Unit a permit which shall show the issuance and expiration
date, name of Mobile Food Unit and description of Mobile Food Unit.
The Mobile Food Unit permit shall be valid for one year from the date
of issuance. The application for a Mobile Food Unit shall include:
(a)
Applicant’s Name and date of birth, Mobile Unit business name,
type of business, business address, telephone number, and email address;
(b)
Additional responsible party name and phone number;
(c)
Description of the nature of the business and the character of food
or beverage to be offered for sale;
(d)
Number of employees, together with credentials establishing the exact
relationship;
(e)
The entire length of time for which the right to do business is desired
and hours of operation;
(f)
Description of Mobile Food Unit type, motor vehicle make/model/year,
color, plate number and issuing state and Vehicle Identification Number
(VIN);
(g)
Vehicle insurance issuance company name and policy number (together
with a copy of current proof of insurance);
(h)
Copy of business liability insurance;
(i)
Applicant’s last business occupation, last place of residence,
and license number and place of issuance or license of motor vehicle,
if any, used in applicant’s business;
(j)
Acceptable personal identification containing a current photo of
applicant, such as a driver’s license, passport, or other government-issued
identification;
(k)
Proof that the applicant has received a state limited sales and use
tax permit;
(l)
Current Grayson County Health Department Permit;
(m)
Description of property from which food or beverages are to be displayed,
including street name and address number, legal description or designation
of the property as shown on the current tax records of the county
tax appraisal district, with the name, contact information and tax
billing address of the owner of the property;
(n)
A statement signed by the owner of the property acknowledging that
said owner has reviewed the completed application forms and has granted
permission to the applicant for the use of the property for the purpose
set forth and for the time duration stated;
(o)
Date or dates and approximate hours that food or beverages will be
displayed or sold during the period the license shall be in force
and effect;
(p)
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any provision of this code,
the nature of the offense and the punishment or penalty assessed therefor;
(q)
The place where the food or beverages [that] are proposed to be sold,
or orders taken for the sale thereof, are produced, where such food
or beverages are located at the time such application is filed, and
the proposed method of delivery; and
(r)
Applicable permit fee.
(7)
City’s Third-Party Compliance Inspectors Requirements.
Any person desiring to engage in, transact or conduct the business
or occupation of a Mobile Food Unit vending within the City shall
adhere to the following requirements:
(a)
Present a valid invoice from a Certified Master Plumber indicating
an annual pressure/gas test has been successfully completed. This
will be required for initial permitting in addition to ongoing permit
renewal.
(b)
Installed Liquified Petroleum Gas (hereinafter LPG) piping shall
be of an approved, labeled and listed type for use with the cooking
appliances. Rubber type hoses shall not be allowed. All piping shall
be in accordance with the most recently published National Fire Protection
Association 58 and shall be protected against physical damage.
(c)
Maintain within a Mobile Food Unit a maximum of 200 gallons LPG located
within a vented compartment: containers shall not be ahead of the
front axle or beyond the rear bumper of the vehicle. An ASME tank
is required for permanently installed tanks.
(d)
Maintain within a Mobile Food Unit a maximum of 200 gallons LPG located
outside but mounted upon the trailer in a protected location: containers
shall not extend beyond the rear bumper.
(e)
LPG cylinders shall not exceed 100 pounds.
(f)
LPG cylinders shall have an approved label and listed shut-off valve.
(g)
All LPG cylinders shall be protected from damage and secured with
a solid bracket.
(h)
The storage of LPG cylinders inside trucks and/or trailers is prohibited.
(i)
All valves must be turned off when appliances/cylinders are not in
use.
(j)
“No Smoking” signs shall be posted. Additionally, the
signage should be visible near any propane containers.
(k)
Electrical:
1.
Extension cords shall not be utilized, nor are they a substitute
for permanent wiring.
2.
An appropriately sized power supply cord with corresponding connections
will be allowed. The cord will be sized according to the vehicle’s
electrical demands.
3.
Appliances shall be plugged directly into electrical outlets.
4.
All electrical outlets within six feet of a wet location shall be
Ground Fault Circuit [sic; see 5. following]
5.
Interrupter (hereinafter GFCI) protected. All exterior outlets shall
be GFCI protected.
(l)
Fire Extinguishers:
1.
All fire extinguishers require an annual inspection by a Texas licensed
fire extinguisher company. Required extinguishers must be properly
mounted and readily accessible.
2.
At least one portable extinguisher of the 2A10BC rating shall be
accessible to the interior of the mobile food unit/trailer.
3.
Units utilizing oil/grease fryers are required to have a Class K
fire extinguisher on the unit.
(m)
Fire Suppression System:
1.
Mobile Food Units which perform cooking operations that produce grease-laden
vapors shall have a Type 1 hood with ventilation.
2.
Type 1 hoods shall be protected by a UL 3200 or UL 300A fixed fire-extinguishing
system.
3.
A Biannual system inspection is required for all fire suppression
systems by a Texas licensed fire suppression company.
4.
All cooking Surfaces and hoods are to be kept clean to prevent grease
build-up.
(n)
Cooking Equipment and Appliances:
1.
All cooking appliances shall be of an approved type, listed and labeled
for the intended use. Propane appliance can be approved by the following
testing labs: UL, CSA, CGA, AGA and/or ETL.
2.
Cooking appliances shall have an approved, labeled and listed on-off
valve.
3.
All appliances shall be installed according to the manufacturer’s
instructions.
4.
Water heaters or hot water tanks shall be installed in accordance
with the International Plumbing Code and manufacturer’s installation
instructions and shall include venting of the tank.
(o)
Fire Lanes and Fire Access and Driveways:
1.
Mobile Food Units shall not park in marked fire lanes. They shall
not block fire department access or driveways that serve as access.
2.
Prohibited Cooking:
3.
Solid fuel cooking is prohibited with the following exception: The
cooking device is listed and approved for mobile food cooking applications.
4.
Coleman Stove or equivalents are prohibited.
(8)
License fees; duration; exemptions.
(a)
Every person, unless otherwise exempt, and before engaging in the
business or occupation of a Mobile Food Unit in the city, shall pay,
in advance, to the city clerk, a city license fee in an amount determined
by the city council, as the same may be determined from time to time.
(b)
Licenses issued under this paragraph shall expire twelve (12) months
following the date of issuance.
(9)
Suspension of license; appeal; revocation.
(a)
In the event of any violation of this ordinance, the Mobile Food
Unit shall be subject to suspension or revocation of their Mobile
Food Unit permit. With regard to violations involving public health
or welfare as determined by the Regulatory Authority, shall cease
operations immediately and the Regulatory Authority shall have the
right to shut down operations.
(b)
A denial or revocation of a Mobile Food Unit permit may be appealed
as set forth herein. Within seventy-two (72) hours from the time of
revocation or denial of the Mobile Food Unit permit, the vendor may
appeal the revocation to the City Administrator, who shall have the
authority to reinstate or revoke the license. Upon receiving notice
of appeal, the City Administrator shall set a date for hearing the
appeal, such date to be within seven (7) days of receipt of notice
of appeal. In the event there is no appeal within seventy-two (72)
hours from the time of suspension of the license, the license shall
be revoked. In the event of revocation of a Mobile Food Unit permit,
vendor shall immediately cease all operations and remove all food
or beverages, equipment, vehicles, and related items from the location
for which the license had been granted.
(10)
Waiver for Special Events.
(a)
The provisions of any ordinance making it illegal for Mobile Food
Units or Food Truck Parks to operate in City Parks or other City property
may be waived by the Mayor, Chief of Police, or the City Council upon
petition from any group or for a City-sponsored event, by issue of
a Special Waiver to temporarily allow the use of Mobile Food Units
or Food Truck Parks, if after, he/she/they, determines that vendor
ordinance and health department conditions are met.
(Ordinance 99-0928-A adopted 10/12/21)
The following requirements shall be complied with for the specified
use:
(a)
Banks
with Drive-Through Tellers.
(1)
The
drive-through facility shall be located on the side or rear elevation
of the building to minimize visibility from the public or private
roadway.
(2)
The drive-through service for teller stations and automated teller machines (ATM), including any associated lighting, shall be screened from adjacent residential land uses by a solid screening wall in accordance with Article 10, such that it will not impact the use and enjoyment of the residential land use.
(3)
Clear
identification and delineation between the drive-through facility
and the parking lot shall be provided.
(4)
There
shall be a minimum of four (4) stacking spaces for the first drive-through
lane and three (3) stacking spaces for each additional lane.
(5)
The
drive-through facility shall provide an escape lane to allow other
vehicles to pass those waiting to be served. The Planning and Zoning
Commission may waive the requirement for an escape lane where it can
be demonstrated that such a waiver will not result in an adverse effect
on public safety or the convenience of patrons of the facility.
(Ordinance 99-0928-A adopted 10/12/21)
The following requirements shall be complied with for the specified
use:
(a)
Day-Care
Centers, Commercial/Preschools.
(1)
There
shall be a minimum of 100 square feet of outdoor play area per child
on site at any given time.
(2)
The
minimum side and rear yard setback shall be 20 feet.
(3)
A minimum 20-foot buffer/setback shall be provided between the parking lot and any adjacent residential use landscaped in accordance with Article 10.
(4)
The
day-care center or preschool shall be inspected by the fire department
and the Grayson County Health Department and Texas Department of State
Health Services for compliance with fire code and health code requirements
prior to operation.
(b)
Funeral
Homes/Mortuaries.
(1)
An
off-street vehicle assembly area shall be provided to be used in support
of funeral processions and activities. This area shall be in addition
to the required off-street parking and its related maneuvering area.
(2)
If
a crematory is included as part of a funeral home/mortuary, it shall
meet the following requirements:
(a)
Crematories shall be set back 100 feet from any lot line adjoining
a residentially zoned or used lot.
(b)
All required state permits, licenses and certifications shall be
obtained.
(c)
Crematories shall not emit any noticeable odor or particulates.
(d)
Crematories shall have emission stacks covered or shrouded with materials
safe for such uses and that are compatible in design and architecture
with the existing funeral home and the building housing the crematory.
The crematory facility and emission stack shall be compatible with
surrounding properties.
(c)
Group
Home.
(1)
Group
Homes [may] be developed in a multiple-family or cluster housing form
with full facilities for self-sufficiency in each individual unit.
A community center for this overall development may be provided.
(2)
Group
Homes may be developed in a multiple-family housing form with central
dining facilities provided as a basic service to each unit. A community
center for the overall development shall be provided to support recreational
and social activities.
(3)
Group
Homes shall be inspected by the fire department and the Grayson County
Health Department and Texas Department of State Health Services for
compliance with fire code and health code requirements prior to occupancy.
(4)
Applicants
for a special use permit to operate a group home must submit documentation
that the applicant has obtained any and all necessary state licenses
permitting the applicant to operate such group home.
(Ordinance 99-0928-A adopted 10/12/21)
The following requirements shall be complied with for the specified
use:
(a)
Adult
Regulated Use.
(1)
Regulations
for these uses are necessary to insure the potential adverse effects
will not contribute to the blighting, deteriorating, and/or downgrading
of the area in which they are located and surrounding neighborhoods.
The control or regulation of these uses is for the purpose of preventing
their overcrowding in a particular location and requires, instead,
their disbursal [dispersal] in appropriate locations to minimize their
adverse impact on any specific neighborhood.
(2)
The
prohibition against the establishment of more than one adult regulated
use, within 500 feet of another adult regulated use or other incompatible
uses, serves to avoid the concentration of such uses; avoids the deleterious
effects of blight and devaluation of both business and residential
property; and prevents the harmful effect of blight and devaluation
of recreation, educational and/or religious uses.
(3)
Concern
for, and pride in, the orderly planning and development of the neighborhood
and area should be encouraged and fostered in those persons who comprise
the business and residential segments of that neighborhood and area.
(4)
The following constitute adult regulated uses, as defined in the definition Article [section 18.02] within this ordinance.
(5)
Sensitive Use Separation.
Any adult regulated use/building
shall be at least 500 feet from a residential zoning district and
at least 500 feet from any of the following. Distance limitations
shall be measured along a straight line forming the shortest distance
between any portion of the subject parcel and parcels zoned residential
or occupied by uses specified herein.
(a)
Another existing adult regulated use;
(b)
Public, private or parochial school;
(c)
Public Library;
(d)
Park, playground or other recreation facility which admits minors;
(e)
Commercial Day-care center or nursery schools;
(f)
Church, temple or other similar place of worship;
(g)
Any establishment having a liquor license;
(h)
Hotels, motels or bed and breakfast inns; and
(i)
Dance clubs, ice- or roller-skating rinks, movie theaters and other
similar uses which typically cater to teenagers.
(j)
Any establishment having a liquor license[.]
(6)
Any
adult regulated use/building offering material described in this Ordinance
shall comply with the following performance standards:
(a)
That any display of adult oriented material be shielded from public
view either placed behind a counter, or by providing a separately
established room which would have restricted access controlled by
the owner or employees;
(b)
That all access to adult orientated material be restricted to persons
18 years of age or older;
(c)
That signage be posted regarding the restrictions to this type of
material; and
(d)
That the location of the counter or room be limited to an area away
from the main entry.
(7)
Site and building requirements:
(a)
Building size shall not exceed 5,000 square feet of gross floor area.
(b)
The building and site shall be designed, constructed and maintained
so material such as a display, decoration or sign depicting, describing,
or relating to specific sexual activities or specified anatomical
areas, as defined in this Ordinance, cannot be observed by pedestrians
or motorists on a public right-of-way or from an adjacent land use.
No exterior door or window on the premises shall be kept open at any
time while the business is in operation.
(c)
The use shall be located within a freestanding building. A shared/common
wall is not considered a freestanding building.
(d)
The building shall provide sufficient sound-absorbing insulation
so noise generated inside the premises shall not be audible anywhere
on any adjacent property or public right-of-way.
(e)
The Planning and Zoning Commission may require a wall, fence or berm
in conjunction with landscaping to provide an appropriate screen in
consideration of views from public streets, adjacent properties and
surrounding land uses.
(f)
Access shall be from a major thoroughfare.
(g)
Any adult regulated use, which allows customers to remain on the
premises while viewing live, filmed or recorded entertainment or while
using or consuming the products or services supplied on the premises
shall provide at least one security guard on duty outside the premises.
The security guard shall patrol the grounds and parking areas at all
times while the business is in operation.
(b)
Commercial
Outdoor Recreation Facilities Such as Batting Cages, Driving Ranges
and Putt-Putt Golf.
(1)
The
minimum front, side and rear yard building setbacks shall be 40 feet,
which shall apply to all buildings, recreation activity areas, spectator
seating and any other structural appurtenances.
(2)
Devices
for the transmission of broadcasting of voices or music shall be so
directed as to prevent sound from being audible beyond the lot lines
of the site.
(3)
Whenever
any such use abuts a residential district or use, a transitional buffer
area shall be provided between all operations, buildings and structures,
including fences, and the residential property. Landscaping, walls
and/or fences shall be required as part of this buffer as determined
by the Planning and Zoning Commission based upon the nature of the
use and the noise impact that the use may have on surrounding uses.
(4)
Storage
buildings; restroom facilities; facilities for the sale and consumption
of food, beverages and refreshments; and other similar accessory uses
shall comply with all standards of the City of Bells.
(Ordinance 99-0928-A adopted 10/12/21)
(a)
Churches,
Chapels, Temples, Synagogues and Similar Places of Worship.
(1)
The
regulations of this section only apply to churches, chapels, temples,
synagogues and similar places of worship.
(2)
The
minimum front, side and rear yard building setbacks shall be 25 feet.
(3)
Off-street
parking spaces and circulation aisles shall not be located within
25 feet of the front lot line.
(Ordinance 99-0928-A adopted 10/12/21)
(a)
Minimum
building and parking setback shall be 40 feet from any public street
right-of-way line or any adjacent residential zoning district.
(b)
Where
self-storage warehouses are being developed through a condominium
or subdivision for sale of individual storage buildings or units,
building shall be spaced a minimum of 10 feet from all other buildings
and shall be set back a minimum of 10 feet from the internal circulation
road.
(c)
The
front yard and any side yards adjacent to residential districts shall
include wrought iron or similar decorative fencing and evergreen plantings
spaced a maximum of 10 feet on-center.
(d)
All
storage shall be within completely enclosed buildings or structures,
unless a separate special exception approval is granted for commercial
outdoor storage on the premises by Planning and Zoning Commission[.]
(e)
The
use shall be limited to storage only. The premises shall not be used
for operating any other business or repairing of any vehicles, except
truck rental may be approved as an accessory use.
(f)
No storage
of combustible or flammable liquids, combustible fibers, or explosive
materials as defined in the fire prevention code, or toxic materials,
shall be permitted within the self-storage buildings or upon the premises.
(Ordinance 99-0928-A adopted 10/12/21)
The following requirements shall be complied with for the specified
use:
(a)
Power
Generation Plants.
(1)
The
development and operation of the power plant shall meet all state,
and federal requirements. All required permits shall be kept up-to-date.
(2)
All
surface or sub-surface water intake and discharge must meet county,
state and federal agency requirements.
(3)
Air
emissions must meet all state and federal agency requirements. Odor,
smoke, fumes and dust shall be controlled so as not to cause a public
nuisance or hazard. The effects of air pollution, noise, and vibrations
shall be minimized on adjacent properties.
(4)
Chimneys,
cooling towers or stacks may exceed the height limits of the district;
provided they are set back from any non-industrially zoned property
a distance at least equal to their height and meet all requirements
of Federal Aviation Administration.
(5)
On-site storage of all materials shall be indicated on the site plan and shall meet all setback requirements of the district. Outdoor storage areas shall be screened by a minimum six (6) foot tall solid screening wall in accordance with Article 10. Any stockpiles of materials shall be contained to prevent dust, erosion and pollution of adjacent properties and watercourses.
(b)
Wind
Energy Conversion Systems (WECS).
(1)
Single Accessory WECS.
A WECS to service the energy
needs of the property where the structure is located may be allowed
with special exception approval in all districts, subject to the following
requirements:
(a)
Only one (1) WECS shall be permitted per parcel or lot.
(b)
The tower shall not be higher than 45 feet. The height of the overall
WECS with the blade in the vertical position shall not exceed 50 feet
above ground level. The allowable height may be further limited in
order to meet setbacks in paragraph c below.
(c)
All towers shall be set back a distance at least equal to one and
a half (1-1/2) times the WECS height from all property lines. The
height shall be measured to the top of the blade at its highest point.
(d)
The blade diameter (tip to tip) shall not exceed 15 feet.
(e)
The minimum blade or rotor clearance from the ground shall be 20
feet for a horizontal-axis WECS and 10 feet for a vertical-axis WECS.
The minimum blade or rotor clearance from a building or utility line
shall be 20 feet.
(f)
All WECS shall be equipped with both a manual brake and automatic
braking systems, or governing device capable of keeping the WECS operation
in high winds within 80% of its survival wind speed.
(g)
All WECS shall be adequately anchored to prevent their being knocked
down by high winds with the stamp of a qualified structural engineer.
(h)
A WECS shall be constructed with a tubular tower. Lattice towers
and guy wires shall be prohibited.
(i)
Towers shall not have permanent attached tower climbing devices.
(j)
A WECS shall be painted a non-obtrusive (light color such as white,
beige or light gray) color that is non-reflective. No striping or
color shall be visible on the blades or tower.
(k)
All distribution lines from the WECS to the building and the electrical
grid connection shall be underground. The generator and all other
electrical equipment, and controls shall be enclosed within the nacelle,
tower pole or within a building.
(l)
Excess power may be sold back to the local electric utility provider.
In the case of WECS to be interconnected with the power grid of the
local electric utility, the applicant shall provide proof of written
notice to the utility of the proposed interconnection and the utility’s
response. The resident shall comply with all requirements of the servicing
utility if the WECS is interfaced with the utility grid. The utility
will install appropriate electric metering (for sellback and non-sellback)
and the customer will be required to install a disconnecting device
adjacent to the electric meter(s).
(m)
Noise emissions from the operation of a WECS shall not exceed 60
decibels on the DBA scale, as measured at the nearest property line
or road. Manufacturer’s specifications indicating the operating
noise levels of the WECS at full RPM shall be provided with the application.
The Planning and Zoning Commission may require the owner to pay for
a sound evaluation by a qualified professional following installation
to determine compliance with the requirements of this section.
(2)
Commercial WECS.
WECS larger than those allowed in (1)
above, wind farms and WECS Testing Facilities associated with the
commercial application of a WECS may be allowed as a special use within
the M1–Industrial District, subject to the following requirements:
(a)
All applications for special use approval shall be accompanied by
the following information, in addition to the site plan required by
Article (14.11 (2)) [sic]:
1.
Location and height of all proposed buildings, structures, electrical
lines, towers, security fencing, and other above-ground structures
associated with the WECS.
2.
Locations and height of all adjacent buildings, structures, and above-ground
utilities located within 200 feet of the exterior boundaries of the
lot or parcel where the proposed WECS will be located. Specific distances
to other on-site buildings, structures, and utilities shall also be
provided.
3.
The location of all existing and proposed overhead and underground
electrical transmission or distribution lines shall be shown.
4.
Existing and proposed setbacks for the WECS from all structures located
on the property where the WECS will be located.
5.
The site plan submittal shall contain a written description of the
procedures to be used to maintain the WECS. The description shall
include maintenance schedules, types of maintenance to be performed,
and removal procedures and schedules in the event the WECS becomes
obsolete or is abandoned.
6.
A copy of the manufacturer’s installation instructions and
blueprints shall be provided to the City of Bells.
7.
Drawings and engineering calculations shall be certified by a registered
engineer licensed in the State of Texas.
8.
A noise modeling and analysis report showing noise levels at property
lines at full RPM.
9.
A shadow flicker analysis shall be prepared if there is any residential
buildings or public roadways within 1,000 feet of the proposed system.
(b)
The permitted maximum total height of a WECS shall be 200 feet (with
the blade in the vertical position).
1.
A WECS shall be designed at a height that will not require aviation
hazard lighting by the FAA. A determination of no hazard letter issued
by the FAA shall demonstrate that lighting is not required prior to
approval of the special use. If construction of the WECS requires
FAA approval or review, then a final decision must be provided before
the Planning and Zoning Commission may conduct any public hearing
on a request for special exception.
(c)
A WECS shall be constructed with a tubular tower, not a lattice tower.
(d)
The setback for placement of a WECS shall be equal to one and a half
(1-1/2) times the height of the WECS from each property line and any
public road right-of-way. This may be reduced from an adjacent property
that also contains a WECS, provided the spacing requirement of paragraph
f below is met.
(e)
A commercial WECS shall be set back a minimum of 1,000 feet from
any residential subdivision or school.
(f)
The minimum distance between two (2) WECS shall be equal to the combined
height of both WECS.
(g)
Blade arcs created by a WECS shall have a minimum of 135 feet of
clearance over and from any structure, adjoining property or tree.
The minimum blade or rotor clearance above ground level shall be at
least 20 feet.
(h)
Each WECS shall be equipped with both a manual and automatic braking
device capable of stopping the WECS operation in high winds within
80% of design limits of the rotor.
(i)
To prevent unauthorized climbing, WECS must provide an anti-climb
device and/or fencing with clearly displayed adequate warning and
no trespassing signage.
(j)
Each WECS shall have one (1) sign, not to exceed two (2) square feet
in area, posted at the base of the tower. The sign shall contain high-voltage
warning, emergency numbers and emergency shutdown procedures. If the
facility is fenced, signs shall be placed on the fence.
(k)
A lighting plan for each WECS shall be approved by the City of Bells.
The lighting plan must describe all lighting that will be utilized,
including any lighting that may be required by the FAA. The plan shall
include, but is not limited to, the number and location of lights,
light color and whether any lights will be flashing. Strobe lights
are discouraged and must be shielded from the ground if allowed. All
efforts shall be made not to affect any resident with any strobe effect.
(l)
A WECS shall be painted a non-obtrusive color (light environmental
color such as white, beige or gray) that is non-reflective. The wind
turbine base and blades shall be of a color consistent with all other
turbines in the area. No striping of color or advertisement shall
be visible on the blades or tower.
(m)
All distribution lines from the WECS to the electrical grid connection
shall be installed underground.
(n)
WECS shall be designed, constructed and operated so as not to cause
radio and television interference. In the event that electromagnetic
interference is experienced, the applicant must provide alternate
service to each individual resident or property owner affected.
(o)
Noise emissions from the operation of a WECS shall not exceed 60
decibels on the DBA scale, as measured at the nearest property line
or road. Equipment shall be placed so that the WECS will not exceed
the maximum permitted sound pressure levels. After installation of
the WECS, sound pressure level measurements shall be done by a third-party,
qualified professional according to the procedures in the most current
version of ANSI S12.18. All sound pressure levels shall be measured
with a sound meter that meets or exceeds the most current version
of ANSI S1.4 specifications for a Type II sound meter. Documentation
of the sound pressure level measurements shall be provided Planning
and Zoning Commission within 60 days of the commercial operation of
the project.
(p)
A shadow flicker analysis shall be prepared if there is any residential
building or public roadway within 1,000 feet of the proposed system.
Shadow flicker caused by wind turbines is defined as alternating changes
in light intensity due to the moving blade shadows cast on the ground
and objects. The analysis shall identify the locations of shadow flicker
that may be caused by the WECS blade rotation and the expected durations
of the flicker at these locations from sunrise to sunset over the
course of a year. The analysis shall identify problem areas where
shadow flicker may affect residents, livestock, and traffic. The analysis
shall also show measures that shall be taken to eliminate or mitigate
the problems.
(q)
WECS must be kept and maintained in good repair and condition at
all times. If a WECS is not maintained in operational and reasonable
condition or poses a potential safety hazard, the applicant shall
take expeditious action to correct the situation. The applicant shall
keep a maintenance log on each WECS, which the City of Bells can review
on a monthly basis.
(r)
Any WECS not used for six (6) successive months or longer shall be
deemed to be abandoned and shall be promptly dismantled and removed
from the property. All above- and below-ground materials must be removed.
The ground must be restored to its original condition within 60 days
of removal.
(s)
Any public roads that will be used for transporting WECS equipment
shall be identified with the application. The City of Bells engineer
shall approve the proposed routes on any City of Bells road and the
City of Bells engineer and police chief shall approve the proposed
routes on any street. Any road damage caused by the transportation
of WECS equipment shall be repaired to the satisfaction of the City
of Bells engineer. A performance guarantee for road repair shall be
required.
(t)
If a special use is approved pursuant to this section, a performance
guarantee shall be required which will be furnished by the applicant
to the City of Bells in order to ensure full compliance with this
subsection and any conditions of approval. At a minimum, the performance
guarantee shall be in an amount determined by the City of Bells to
be sufficient to have the WECS fully removed and the land returned
to its original state should the structure or structures become abandoned,
dangerous or obsolete, or not in compliance with this Ordinance or
the special use approval. The performance guarantee shall be kept
in full force and effect during the entire time the WECS exists.
(c)
Wireless
Communication Facilities and Services.
(1)
Purpose.
The regulations of this Section are intended
to conform to federal and state laws and administrative rules governing
facilities needed to operate wireless communication systems and to
set forth procedures and standards for review and approval for the
location of such facilities within the City of Bells.
(a)
It is the intent to reasonably regulate the location and design of
such facilities to retain the integrity of neighborhoods and the character,
property values and aesthetic quality of the City of Bells.
(b)
Given the increase in the number of wireless communication facilities
requested as a result of the new technology and the Federal Telecommunications
Act of 1996, it is the policy that all users should collocate attached
wireless communication facilities and wireless communication towers,
where practicable. Collocation is proposed in order to assure the
most economic use of land and to prevent the proliferation of duplicative
structures.
(c)
In recognition of the concern that technological advances may render
certain wireless communication facilities obsolete or unnecessary
in the future, requirements are set forth for the removal of unused
or unnecessary facilities in a timely manner and provide security
for removal.
(2)
Zoning Districts and Approval Process for Wireless Communication
Facilities.
Wireless Communication facilities may be
located, as follows:
|
Table 14.1. Wireless Communications Facilities
| ||
|---|---|---|
|
Type/Location of Wireless Communication Facility
|
Districts Permitted
|
Approval Procedure
|
|
Collocation on Existing Structure
|
|
|
|
Attached to an existing building or structure that will not
be materially altered or changed in appearance
|
All districts, except on lots occupied by a single-family residential
use
|
Approval by the Planning and Zoning Commission
|
|
Attached to an existing utility structure that will not be modified
or materially alter the pole or impair sight lines or compromise safety
|
All districts
|
Approval by the Planning and Zoning Commission
|
|
Collocation upon an existing wireless communication facility
|
All districts
|
Approval by the Planning and Zoning Commission
|
|
New Wireless Communication Tower
|
|
|
|
Monopole up to 60 feet in height
|
In districts [sic] or on civic, educational, public, and religious
sites in all districts
|
Special use and site plan required. Petition heard by the Planning
and Zoning Commission
|
|
Monopole up to 150 feet in height
|
C1, C2, M1
|
Special use and site plan required. Petition heard [by the]
Planning and Zoning Commission
|
|
Lattice tower up to 150 feet in height where it can be demonstrated
that a monopole is not feasible
|
M1
|
Special use and site plan required. Petition heard by the Planning
and Zoning Commission
|
(3)
Application Requirements - Collocation.
The following
information shall be provided with the application, in addition to
the other site plan submittal requirements for an attached wireless
communications facility collocated on an existing structure:
(a)
The name, address and phone number of the person to contact for engineering,
maintenance and other notice purposes. This information shall be continuously
updated during all times the facility is on the premises.
(b)
The owner and/or operator of the existing tower or structure [and]
copies of approval from the owner of such tower or structure to collocate
the wireless communication structure on the owner’s tower or
structure.
(c)
Legal description of the parent tract and leased parcel (if applicable).
(d)
Elevation drawings and construction details of all existing and proposed
wireless communication facilities, including accessory structures
and equipment shelters.
(e)
The reason or purpose for the wireless communication facility with
specific reference to the provider’s coverage, capacity and/or
quality needs, goals and objectives.
(f)
Identification of the entities providing the backhaul network for
the tower described in the application and other cellular sites owned
or operated by the applicant in the City of Bells.
(g)
The structural capacity and whether it can accommodate the facility,
as proposed or modified.
(h)
Limits and type of fencing, the method of screening and location
and type of illumination.
(i)
A description of compliance with this section and all applicable
federal, state or local laws.
(j)
A description of performance guarantee, as described in section 16.07 of this Ordinance, to be posted upon issuance of a building permit to ensure removal of the facility if it is abandoned or is no longer needed.
(k)
Verification that the applicant has received all concurrent licenses
and permits required by other agencies and governments with jurisdiction
over the design, construction, location and operation of the wireless
communication facility.
(4)
Application Requirements for New Wireless Communication Tower.
The following information shall be provided with the application to construct any new wireless communication tower, in addition to the submittal requirements in subsection (3) above:
(a)
A description of performance guarantee to be posted at the time of
receiving a permit for the facility to ensure removal of the facility
when it is abandoned or is no longer needed. The applicant shall demonstrate
that funds will be available to the City of Bells for removal of any
structure used for wireless communication in an amount which reasonably
reflects the cost of removal of the facility and restoration of the
property or structure upon which the facility is located or placed.
Adequate funds shall also be provided to cover the City of Bells administrative
costs in the event that the applicant or its successor does not remove
the Wireless Communication Facility in a timely manner.
(b)
Inventory all existing towers, antennas, or sites approved for towers
that are within two (2) miles of the proposed site, including specific
information about the location, height, and design of each tower.
(c)
In recognition of the policy to promote collocation, a written agreement,
transferable to all successors and assigns, that the operator shall
make space available on the facility for collocation, which includes
space on the tower for state, county and City of Bells emergency service
infrastructure.
(d)
A description of the suitability of the use of existing towers, other
structures or alternative technology not requiring the use of towers
or structures to provide the services to be provided through the use
of the proposed new tower.
(e)
Prior to issuing an improvement location permit, a signed certification
by a professional structural engineer licensed by the State of Texas
shall be provided to the City of Bells that describes the manner in
which the proposed structure will fall in the event of damage, accident
or injury (i.e. “fall zone”), and that the designated
setback area shall accommodate the structure in the event it falls
or breaks and will provide a reasonable buffer in the event the structure
fails.
(f)
A determination of no hazard letter issued by the FAA shall demonstrate
that lighting is not required prior to the special use approval. If
construction, and/or use of the telecommunications requires FAA approval
or review, then a final decision from either the FAA approving the
granting of such permit must be provided before the Plan Commission
may conduct any public hearing on a request for special use.
(5)
Design Standards Applicable to All Facilities.
All wireless
communication facilities shall be constructed and maintained in accordance
with the following standards:
(a)
Facilities shall be located and designed to be harmonious with the
surrounding areas. Wireless communication facilities, including all
related equipment and appurtenances, shall be a color that blends
with the surroundings of the pole, structure tower or infrastructure
upon which the wireless communication facility is mounted.
(b)
Minimum six (6) foot tall fencing shall be provided for protection
of the tower and associated equipment and for security from children
and other persons who may otherwise access the facilities. A brick
wall may be substituted for the required fencing.
(c)
Landscaping shall be provided to screen the structure base, accessory
buildings and enclosure from adjacent uses and public rights-of-way.
(d)
Accessory buildings shall be a maximum of 10 feet high and shall
be set back in accordance with the requirements for principal buildings
in the respective zoning district.
(e)
All attached wireless communication facilities proposed on the roof of a building shall be designed, constructed and maintained to be architecturally compatible with the principal building. The height of the wireless communication facilities shall not exceed the maximum height of the district plus the allowable exceptions to the height limits contained in Article 2. The equipment to make the unit functional may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform to all district requirements for principal buildings, including yard setbacks.
(f)
The requirements of the Federal Aviation Administration, and Federal
Communication Commission shall be noted.
(g)
If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be
of a neutral color that is identical to, or closely compatible with,
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
(6)
Design Standards Applicable to New Towers.
In addition to the design standards in subsection (5) above, all wireless communication towers shall be constructed and maintained in accordance with the following standards:
(a)
Feasible Collocation.
Siting or placement of new wireless
communications facilities or towers shall be in accordance with the
following hierarchy. The order of ranking shall be: (1) co-location
first, (2) existing structure or building utilization, (3) new wireless
communications facility tower location last. If a new tower is proposed,
the applicant must have substantial evidence that a higher ranked
alternative is not feasible or available. A permit for the construction
and use of a new wireless communication facility shall not be granted
until the applicant demonstrates a feasible collocation is not available
for the coverage area and capacity needs.
(b)
Collocation Agreement.
All new and modified wireless
communication facilities shall be designed and constructed to accommodate
collocation, with a written agreement in a format approved by the
City of Bells attorney. Any tower that is 150 feet or taller shall
be capable of co-location of at least four (4) additional users. Any
tower that is less than 150 feet shall be capable of co-location of
at least two (2) additional users. The tower owner shall make space
available for collocation of emergency communication equipment if
requested by the City of Bells.
(c)
Height.
1.
The maximum height for a new wireless communication tower shall be
199 feet.
2.
A new wireless communication tower shall be designed at a height
that will not require aviation hazard lighting by the FAA or 200 feet.
3.
The applicant shall demonstrate that the requested height of the
new or modified tower and antenna shall be the minimum height necessary
for reasonable communication, including additional height to accommodate
future collocation where appropriate.
(d)
Tower Setbacks.
The wireless communication tower shall
be set back from all nonresidential property lines a distance at least
equal to one-half (1/2) the height of the tower, from all residential
property lines a distance at least equal to the height of the tower
and from all street right-of-way lines a distance at least equal to
the height of the tower.
(e)
Guy Wires.
All towers shall be self-supporting and guy
wires shall be prohibited.
(f)
Accessory Structure Setback.
Accessory structures must
satisfy the minimum zoning district building setback requirements.
(g)
Access.
There shall be unobstructed access to the tower,
for operation, maintenance, repair and inspection purposes, which
may be provided through or over an easement. This access shall have
a width and location determined by such factors as: the location of
adjacent thoroughfares and traffic and circulation within the site;
utilities needed to service the tower and any attendant facilities;
the location of buildings and parking facilities; proximity to residential
districts and minimizing disturbance to the natural landscape; and
the type of equipment which will need to access the site.
(h)
Soils Report.
The tower shall be constructed in accordance
with all applicable building codes and shall include the submission
of a soils report from a geotechnical engineer, licensed in the State
of Texas. This soils report shall include soil borings and statements
confirming the suitability of soil conditions for the proposed use.
(i)
Color.
Towers shall be painted a neutral color so as
to reduce visual obtrusiveness or be constructed of galvanized steel.
(j)
Lighting.
Towers shall not be artificially lighted and
shall not exceed a height that requires aviation hazard lighting.
(7)
Collocation.
(a)
Statement of Policy.
It is the policy to minimize the
overall number of newly established locations for wireless communication
facilities and towers throughout the City of Bells by encouraging
the use of existing structures. If a provider fails or refuses to
permit collocation on a facility owned or controlled by it, where
collocation is feasible, the result will be that a new and unnecessary
additional structure will be required, in contradiction with policy.
Collocation shall be required unless an applicant demonstrates that
collocation is not feasible.
(b)
Antennas on Existing Towers.
An antenna which is attached
to an existing tower may be approved by the Planning and Zoning Commission
and, to minimize adverse visual impacts associated with the proliferation
and clustering of towers, collocation of antennas by more than one
carrier on existing towers shall take precedence over the construction
of new towers, provided such collation is accomplished in a manner
consistent with the following:
1.
A tower which is modified or reconstructed to accommodate the collocation
of an additional antenna shall be of the same tower type as the existing
tower, unless the Planning and Zoning Commission allows reconstruction
as a monopole.
2.
An existing tower may be modified or rebuilt to a taller height,
not to exceed 15 feet over the tower’s existing height, to accommodate
the collocation of an additional antenna with approval by the Planning
and Zoning Commission. A height increase of more than 15 feet shall
require approval by the Planning and Zoning Commission.
(c)
Antennas Mounted on Structures or Rooftops.
Wireless
communication antennas placed on the roofs of buildings may be approved
by the Planning and Zoning Commission, if the principal use is a conforming
[use] and the building is a conforming structure. The antenna shall
not exceed the height of its supporting structure by more than 12
feet.
(d)
Antennas Mounted on Utility Structures.
Wireless communication
antennas attached to utility structures such as water towers or electrical
transmission line towers may be approved by the Planning and Zoning
Commission. The equipment cabinet or structure used in association
with antennas shall be located in accordance with the Ordinance requirements
for accessory structures.
(8)
Variances.
The Planning and Zoning Commission may consider
a variance from the standards of this Section, based upon a finding
that one or more of the following factors exist, as appropriate for
the type of variance requested:
(a)
Location.
The applicant must demonstrate that a location
within a district or location in accordance with the standards of
this Section cannot reasonably meet the coverage or capacity needs
of the applicant.
(b)
Tower Setback.
The applicant has provided engineering
information documenting that the tower is self-collapsing and that
the setback designated area would accommodate the structure should
it fall or break and would provide a reasonable buffer in the event
the structure fails.
(c)
Height.
The height requested is due to signal interference
due to topography, tall buildings, masses of trees, or other obstructions,
or would reduce the number of towers to the benefit of the cities
and county.
(d)
Mitigation.
The applicant has proposed means to mitigate
any negative impacts through provision for future collocation, if
found to be appropriate by the City of Bells and special design of
the facility and site.
(e)
Design.
The wireless communication and accessory facilities
shall be designed to be compatible with the existing character of
the proposed site, neighborhood and general area such as a steeple,
bell tower, or similar form.
(9)
Removal.
Wireless communication facilities shall be
removed by the owner if the facility is no longer in use. The facilities
must be removed within a year of the end of use. A performance guarantee
shall be provided to the City of Bells at the time of receiving an
improvement location permit for the facility to ensure removal of
the facility when it is abandoned or is no longer needed. The applicant
shall demonstrate that funds will be available to the City of Bells
for removal of any structure used for wireless communication in an
amount which reasonably reflects the cost of removal of the facility
and restoration of the property or structure upon which the facility
is located or placed. Adequate funds shall also be provided to cover
the City of Bells’ administrative costs in the event that the
applicant or its successor does not remove the Wireless Communication
Facility in a timeframe stated above.
(10)
Conflicts with state and federal law. In the event this article conflicts
with state or federal law, the telecommunications provider shall comply
with the ordinance to the maximum extent possible.
(Ordinance 99-0928-A adopted 10/12/21)
The following requirements shall be complied with for the specified
use:
(a)
Contractors’
Place of Business Outdoor Storage.
(1)
Outdoor storage shall be located in the side or rear yard of the lot and set back a minimum of 30 feet from any adjacent residential district. Outdoor storage areas shall be screened by a minimum six (6) foot tall solid screening wall in accordance with Article 10.
(2)
Any
stockpiles of soil, fertilizer or similar loosely packaged materials
shall be sufficiently covered or contained to prevent dust or blowing
of materials.
(3)
The
height of all material and equipment stored within 10 feet of the
screening wall or fence shall not exceed the height of the screening
wall or fence.
(4)
All
loading and truck maneuvering shall be accommodated on-site.
(Ordinance 99-0928-A adopted 10/12/21)
The following requirements shall be complied with for the specified
use:
(a)
Processing,
Storage, Transfer Stations or Incineration of Solid Waste, Hazardous
Waste or Medical Waste.
(1)
All
processing, storage or transfer of wastes shall be within an enclosed
building.
There shall not be any outdoor storage of wastes.
(2)
The
location, size and layout of the site, and its relation to streets
giving access to it, shall be such that traffic to and from the use
will not conflict with the normal traffic of the area.
(3)
No
portion of any structure, facility, access drive, parking area or
storage area shall be located within 500 feet of a residential district.
(4)
All
roads on the premises shall be paved with concrete or an asphalt hard
surface.
(5)
Storing
or disposing of any kind shall not pollute a water supply or contaminate
surrounding land to the extent that public health is endangered. The
surface water detained on the site shall be purified of contaminants
before leaving the site or must be disposed of in accordance with
the requirements of the health department. All storage, processing
and disposal areas shall be a minimum of 100 feet from any wetland,
drain stream or body of water.
(6)
Emission
of smoke, dirt, dust and fly ash shall be controlled through the use
of electrostatic precipitator or other equipment of equal or better
efficiency, which shall meet all applicable Federal, State and local
air pollution control regulations.
(7)
The
City of Bells may impose such reasonable conditions as it deems necessary
to protect the public health, safety and general welfare from excessive
noises, excessive traffic patterns, obnoxious and unhealthy odors,
and any detrimental effects from the general operation of the use.
(b)
Recycling
Facility, Non-Hazardous.
(1)
The
location, size and layout of the site, and its relation to streets
giving access to it, shall be such that traffic to and from the use
will not conflict with the normal traffic of the area.
(2)
The
location, size, intensity, site layout and periods of operation must
be designated to eliminate any possible nuisance that might be noxious
to the occupants of any other nearby properties and uses, whether
by reason of odor, dust, noise, fumes, vibration, smoke or lights.
(3)
Stacking
area for a minimum of five (5) vehicles must be provided on-site.
Any area used for parking or unloading materials must be screened
with a minimum six (6) foot tall wall or solid fence to prevent materials
from leaving the unloading area.
(4)
Storing
or disposing of any kind shall not pollute a water supply or contaminate
surrounding land to the extent that public or environmental health
is endangered. All storage, processing and disposal areas shall be
a minimum of 50 feet from any wetland, drain stream or body of water.
(5)
Depositing,
storing or disposing of garbage or wastes shall not attract vermin,
insects or other pests or allow the wastes to become a breeding place
for mosquitoes, flies or other disease-carrying insects. Offensive
odors shall not interfere with the enjoyment of adjacent property
owners and/tenants.
(6)
All sides of the site shall be landscaped with a buffer zone A in accordance with Article 10 [sic].
(7)
The
City of Bells may impose such reasonable conditions as it deems necessary
to protect the public health, safety and general welfare from excessive
noises, excessive traffic patterns, obnoxious and unhealthy odors,
and any detrimental effects from the general operation of the use.
(c)
Salvage
Yards.
(1)
The
minimum lot area shall be 5 acres.
(2)
A
minimum setback of 1,000 feet shall be provided from any adjacent
residential district.
(3)
The
location, size, intensity, site layout and periods of operation must
be designated to eliminate any possible nuisance that might be noxious
to the occupants of any other nearby permitted uses, whether by reason
of odor, dust, noise, fumes, vibration, smoke or lights.
(4)
The
entire site must be screened with a minimum eight (8) foot tall wall
or solid fence[.] Material shall not be stacked higher than the screening
enclosure. All material shall be screened so as to not be visible
from any public road and/or view.
(5)
Any
area used for parking or unloading materials must be located within
the site. Parking of trucks and loading or unloading of materials
in the public road right-of-way shall be prohibited.
(6)
Storage
or disposal of any kind shall not pollute a water supply or contaminate
surrounding land to the extent that public health is endangered. The
surface water detained on the site shall be purified of contaminants
before leaving the site or must be disposed of in accordance with
the requirements of the health department. All storage, processing
and disposal areas shall be a minimum of 100 feet from any wetland,
drain stream or body of water.
(7)
The
City of Bells may impose such reasonable conditions as it deems necessary
to protect the public health, safety and general welfare from excessive
noises, excessive traffic patterns, obnoxious and unhealthy odors,
and any detrimental effects from the general operation of the use.
(Ordinance 99-0928-A adopted 10/12/21)
The following requirements shall be complied with for the specified
use:
(a)
Mineral
and Non-Mineral Extraction and General Mining Operations.
(1)
Application.
The following additional information shall
be included with the special use and site plan applications:
(a)
Report by a qualified soil scientist, soils engineer or geologist
regarding the effect the proposed operation will have upon the watershed
of the area, with particular attention being devoted to the water
table, and, if water bodies are to be created, the anticipated permanence
of such.
(b)
A soil erosion control plan prepared.
(c)
A detailed description of the method of operation including an operations
and restoration plan for the extraction of the natural resource deposits.
The operations and restoration plan shall include the following:
1.
A progressive cell unit mining plan that divides the mining area
into sections and delineates the progressive mining proposal on the
extractive resources available.
2.
A transportation plan showing access to the site, proposed truck
traffic and planned on-site roads. The applicant shall submit these
proposed routings for review relative to the physical and design capabilities
of these routes to accommodate the potential traffic.
3.
A stockpiling plan which shows how topsoil will be stripped and stored
on the site as well as the stockpiling of extracted sand or gravel.
4.
A vegetation plan which shows the staging of restoration through
the grading process as well as replacing the topsoil and the planting
of appropriate native grasses, trees and shrubs.
5.
End use plan which shows the ultimate use of the property once restored
to its original condition.
6.
A detailed explanation of how the applicant intends to comply with
the operating requirements of this section.
(2)
Operations.
The removal of sand, gravel, limestone,
peat or similar materials by excavation, stripping, mining or otherwise
taking, and including on-site operations appurtenant to the taking,
including washing, grading, sorting, (excluding grinding operations)
shall be carried on within the limits of an area approved for such
activities. All extractions from new pits begun subsequent to the
effective date of this Ordinance shall be washed, graded, and further
processed and/or stored within the limits of the area approved, and
no natural resource extracted outside the limits of this area shall
be brought in for washing, grading, or further processing. Resource
related industries including, but not limited to: gravel grinding
operations, concrete mixing plants and asphalt batching plants shall
not be permitted as a part of the operation unless the activity is
located in a Zoning District which would permit such a use.
(3)
Setbacks.
Excavation, washing and stockpiling of extracted
material shall not be conducted closer than 150 feet to the outer
boundary of the area approved for extractive operation. The setback
area shall not be used for any activity in conjunction with the extractive
operation, except access roads, public notice signs and signs identifying
the operation. Landscaping shall be provided in the setback area as
required by the Planning and Zoning Commission. To reduce the effects
of airborne dust, dirt, and noise, all equipment for loading, weighing,
and other operations structures shall not be built closer than 300
feet from any public street right-of-way or from any adjoining residentially
zoned district.
(4)
Access.
All means of access to the property shall be
from major thoroughfares. No access shall be allowed from residential
streets. All private access roads shall be treated so as to create
a dust-free surface for a distance of 300 feet from any public access
road. Arrangements shall also be made to minimize dust on public access
routes traveled in the City of Bells.
(5)
Fencing.
Any excavation operation that results in standing
water for a period of at least one (1) month during the year or slopes
as described below shall be subject to the following safety requirements:
(a)
Where slopes steeper than 30 degrees exist for a period of one (1)
month or more, access to such slopes shall be barred by a cyclone
fence or similarly effective barrier at least six (6) feet high, at
least 50 feet outside the edge of the excavation, with suitable gates
controlling access to the excavation area.
(b)
Where collections of water are one (1) foot or more in depth for
any period of at least one (1) month and occupying an area of 200
square feet or more, access to such collections shall be fenced, as
required in subparagraph a above.
(c)
Instances where the extractive area is situated in marginal land
areas consisting of swamp land, or is bounded by natural bodies of
water, the fence shall be required only on those sides accessible
to public rights-of-way or as the Planning and Zoning Commission may
determine as requiring fencing so as to secure safety. The Planning
and Zoning Commission may require the posting of signs “KEEP
OUT - DANGER,” as needed.
(6)
Slopes.
Finished slopes of the excavation site shall
not exceed a minimum of five (5) feet to one (1) foot (five feet horizontal
to one foot vertical) and where ponded water results from the operations,
this slope must be maintained and extended into the water to a depth
of five (5) feet. These slopes shall be established as the work in
any one section of the excavation is completed and proceeds to the
next section. Sufficient topsoil shall be stockpiled on the site so
the entire area may be covered with a minimum of six (6) inches of
topsoil when excavating operations are completed. The replacement
of topsoil shall be made immediately following termination of excavating
operations. In order to prevent erosion of slopes, all replaced topsoil
shall immediately be planted with native grasses or other native plant
material acceptable to the Planning and Zoning Commission.
(7)
Hours of operation.
Extraction and material processing
activities permitted in the plant area shall be limited to the hours
of 7:00 A.M. to 7:00 P.M., except in the following situations:
(Ordinance 99-0928-A adopted 10/12/21)
The following requirements shall be complied with for the specified
use:
(a)
Tires
stored outside shall be neatly stacked; no stack shall be higher than
6 feet;
(b)
All
applicable sections of the City of Bells Zoning Ordinance shall apply,
specifically, fencing requirements, parking standards, lighting and
all developmental standards within;
(c)
All
applicable state and international building codes shall apply, including
but not limited to ICC Fire Code 903.2.92 - for the storage of tires
and fire suppression.
(Ordinance 99-0928-A adopted 10/12/21)
The following requirements shall be complied with for the specified
use:
(a)
Sale
of Alcoholic Beverages Near a Church, School, or Public Hospital.
(1)
(a)
No person, as defined by the Texas Alcoholic Beverage Code shall
sell alcoholic beverages if the place of business is within three
hundred (300) feet of a church, public or private school, or public
hospital except as provided by the Texas Alcoholic Beverage Code.
(b)
The sale of alcoholic beverages is also prohibited within one thousand
(1,000) feet of a private school if the city council adopts by resolution
a request for the one thousand (1,000) foot separation from the governing
body of a private school.
(c)
For an Alcoholic Beverage Establishment, as defined herein, the distance
requirement in Section 14.16(a) is two thousand six hundred forty
(2,640) feet instead of three hundred (300) feet.
(2)
The
measurement of the distance between the place of business where alcoholic
beverages are sold, and the church or public hospital shall be along
the property lines of the street fronts and from the front door to
front door, and in direct line across intersections.
(3)
The
measurement of the distance between the place of business where alcoholic
beverages are sold, and the public or private school shall be:
(a)
In a direct line from the property line of the public or private
school to the property line of the place of business, and in a direct
line across intersections; or
(b)
If a permit or license holder is located on or above the fifth story
of a multi-story building, in a direct line from the property line
of the public or private school to the property line of the place
of business, in a direct line across intersections, and vertically
up the building at the property line to the base of the floor in which
the permit or license holder is located.
(4)
Subsection (1)(b) does not apply to the holder of:
(a)
A retail on-premises consumption permit or license if less than 50
percent of the gross receipts for the premises is from the sale or
service of alcoholic beverages;
(b)
A retail off-premises consumption permit or license if less than
50 percent of the gross receipts for the premises, excluding the sale
of items subject to the motor fuels tax, is from the sale or service
of alcoholic beverages; or
(c)
A wholesaler’s distributor’s, brewer’s, distiller’s
and rectifier’s, winery, wine bottler’s or manufacturer’s
permit or license, or any other license or permit held by a wholesaler
or manufacturer as those words are ordinarily used and understood
in Chapter 102 of the Texas Alcoholic Beverage Code; or
(d)
A license or permit issued under Chapter 27 (temporary wine and beer
retailer’s permit), 31 (caterer’s permit), or 72 (temporary
license) of the Texas Alcoholic Beverage Code who is operating on
the premises of a private school; or
(e)
A license or permit covering a premise where minors are prohibited
from entering under Section 109.53 of the Texas Alcoholic Beverage
Code and that is located within 1,000 feet of a private school.
(5)
Subsection (1)(a) does not apply to the holder of:
(a)
A license or permit who also holds a food and beverage certificate
issued by the Texas Alcoholic Beverage Commission covering a premise
that is located within 300 feet of a private school; or
(b)
A license or permit covering a premise where minors are prohibited
from entering under Section 109.53 of the Texas Alcoholic Beverage
Code and that is located within 300 feet of a private school.
(7)
The
City Council may grant variances to the requirements of this section
if the City Council determines that enforcement of the regulation
in a particular instance:
(a)
Is not in the best interest of the public,
(b)
Constitutes waste or inefficient use of land or other resources,
(c)
Creates an undue hardship on an applicant for a license or permit,
(d)
Does not serve its intended purpose,
(e)
Is not effective or necessary, or
(f)
Any other reason the City Council, after consideration of the health,
safety, and welfare of the public and the equities of the situation,
determines is in the best interest of the community.
(b)
Sales
Near Day-Care Center or Child-Care Facility.
(1)
This
Section applies only to a permit or license holder under Chapter 25
(wine and beer retailer’s permit), 28 (mixed beverage permit),
32 (private club registration permit), 69 (retail dealer’s on-premise
license), or 74 (brewpub license) of the Texas Alcoholic Beverage
Code who does not hold a food and beverage certificate.
(2)
Except
as provided by this Section 14.16(a) [(b)], the provisions of Section
14.16(a) of this Ordinance relating to a public school also apply
to a day-care center and a child-care facility as those terms are
defined by Section 42.002, Texas Human Resources Code.
(3)
This
section does not apply to a permit or license holder who sells alcoholic
beverages if:
(a)
The permit or license holder and the day-care center or child-care
facility are located on different stories of a multi-story building;
or
(b)
The permit or license holder and the day-care center or child-care
facility are located in separate buildings and either the permit or
license holder or the day-care center or child-care facility is located
on the second story or higher of a multi-story building.
(4)
This
section does not apply to a family home, specialized child-care home,
or agency foster homes as those terms are defined by Section 42.002,
Texas Human Resources Code.
(d)
Signs,
Banners and Hours of Operation.
(1)
Signs
(including banners) specifically related to the sale of alcoholic
beverages shall be governed by the Texas Alcoholic Beverage Code,
as amended, and any applicable Texas Alcoholic Beverage Commission
regulations, as amended. Any applicable City sign regulations shall
also govern signage, without regard to content.
(2)
The
hours of operation, including days of the week and open and closing
times, shall be as governed by the Texas Alcoholic Beverage Code,
as amended, and any applicable Texas Alcoholic Beverage Commission
regulations, as amended.
(Ordinance 99-0928-A adopted 10/12/21)
(a)
Consumption
of Alcoholic Beverages Prohibited.
(1)
The
City hereby prohibits the consumption of alcoholic beverages by any
individual on all City park property within its corporate limits.
(b)
Possession
of Open Containers on City Park Property.
(1)
The
City hereby prohibits the possession of any open container of an alcoholic
beverage by any individual on all City park property within its corporate
limits.
(c)
Waivers
for Special Events.
(1)
The
provisions of any ordinance making it illegal to possess or consume
alcoholic beverages on City park property may be waived by the Mayor,
Chief of Police or the City Council upon petition from any group or
for a city-sponsored event, by issue of a special waiver to allow
alcoholic beverages if, after review, he/she determines that the following
conditions and circumstances exist:
(a)
The alcohol use will be in connection with a planned and scheduled
event anticipated to involve twenty (20) or more people;
(b)
Appropriate security is provided by the permittee to ensure that
laws governing legal age for drinking and public intoxication will
not be violated and that public property at the site of the event
is safeguarded; and
(c)
A deposit in an amount established by rules and regulations for the
applicable public property is posted.
(2)
Any
such waiver which has been issued must be available at the site of
the event and must be produced for inspection upon request by any
law enforcement official.
(3)
The
mayor or his/her designated representative shall develop rules and
regulations for conducting of such event within the framework of the
policy stated in this section and shall ensure that waiver applicants
are fully cognizant of same at the time a permit is issued.
(4)
Applicants
who have been denied a waiver by the Mayor, Chief of Police or their
designated representative may appeal to the City Council providing
such appeal is made within sufficient time to be placed on a City
Council meeting agenda.
(5)
Possession
or consumption of alcoholic beverages near homeless shelter or substance
abuse center.
(6)
Pursuant
to state law, it shall be unlawful for a person to possess an open
container containing an alcoholic beverage, or to consume an alcoholic
beverage, on a public street, public alley or public sidewalk, within
one thousand (1,000) feet of the property line of a homeless shelter
or a substance abuse treatment center. Special temporary events, activities,
and festivals authorized by Article 14.17(3) [section 14.17(c)] of
this Ordinance are exempt from this Article 14.17(4) [section 14.17(c)(6)].
(d)
Penalty.
(1)
Any
person, firm, corporation or business entity violating this Ordinance,
or any portion thereof shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be subject to a fine not to exceed five
hundred dollars ($500.00). Each continuing day’s violation under
this Ordinance shall constitute a separate offense. The penal provisions
imposed under this Ordinance does not preclude Bells from filing suit
to enjoin the violation. Bells retains all legal rights and remedies
available to it pursuant to local, state and federal law.
(Ordinance 99-0928-A adopted 10/12/21)
