Town of Pantego, TX NONRESIDENTIAL DISTRICTS

Alcoholic beverage establishments shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended and any applicable local option elections.

An alcoholic beverage establishment is permitted only by specific use permit.

An alcoholic beverage establishment shall be subject to the requirements of article 4.02 “alcoholic beverages” of this code.

If at the time an original alcoholic beverage permit or license is granted by the Texas Alcoholic Beverage Commission for a premises, the premises satisfies the requirement regarding distance from public schools, private schools, churches, public hospitals, and/or residential zoning districts, then the premises shall be deemed to satisfy the distance requirements for all subsequent renewals of the license or permit. This shall not be the case if the Texas Alcoholic Beverage Commission revokes the license or permit.

(3)

Antenna, commercial.

All commercial antennae and antenna support structures located on property owned by the town shall be permitted in any district.

All commercial antennae and antenna support structures allowed by a specific use permit shall be subject to the following regulations.

Antenna support structures shall be setback a distance equal to or greater than the tower’s height measured from the property lines.

Antenna facilities shall be screened by a six (6) foot masonry screening wall or a six (6) foot open ornamental fence with landscape screening.

(4)

Antenna, noncommercial.

All antenna and/or antenna support structures shall be attached to a building.

(5)

Antenna, stealth.

Commercial stealth antennas are permitted by right in nonresidential districts.

Approval of a listed commercial stealth antenna[.]

The zoning administrator may approve a request to install a stealth antenna when the proposed stealth antenna is of a type that is specifically listed in the definition of antenna, stealth.

Approval of an unlisted commercial stealth antenna.

For commercial stealth antenna requests of a type that are not specifically listed in this definition, the planning and zoning commission may determine if a proposed commercial antenna is a stealth antenna or not when considering site plan approval for the proposal.

(6)

Body art studio.

A body art studio must be set back one thousand feet (1,000'), as measured by a singular straight line (i.e., air distance), from any other body art studio, residential zoning district, church, public, private, or parochial school, and child-care facility. The measurement for this distance requirement shall be in a straight line from the nearest property line of the lot where the Body Art Studio is located without regard to intervening structures or objects, to the nearest property line of the lot where the residential zoning district, church, public, private, or parochial school, and/or child-care facility is located.

(7)

Carwash (full service).

A full service carwash may be permitted as an accessory use to convenience store with gas pumps.

(8)

Circus/carnival (temporary).

A temporary circus/carnival event shall require permit approval from the town council and is subject to the following conditions:

Applications for a permit shall be submitted to the zoning administrator no less than thirty (30) days prior to the date such temporary circus/carnival shall commence operation.

The application for permit shall contain the following:

Name, address and telephone number of person, business or organization conducting the event.

Date or dates of the event.

A site plan showing in detail the different component parts of the event and locations, including structures, amusement rides, concessions, stages, amplification equipment, parking, sanitary facilities, etc.

The estimated number of persons who will be attending.

(v)

A written lease or agreement from the property owner stating permission to the applicant to operate the event on said property.

(vi)

Proof of liability insurance with minimum combined limits of one million dollars ($1,000,000.00).

(vii)

Any other information that the zoning administrator shall deem necessary under the standards for issuance.

The temporary use shall not impede the normal movement of emergency vehicles.

A permit fee, listed in appendix A of this code, shall be required.

No more than a total of two (2) events shall be allowed at the same address in any twelve (12) month period.

The permit will be valid for a maximum of seven (7) days.

(9)

Commercial recreation.

Commercial recreation establishments shall require a specific use permit. Amusement centers, as defined in article 14.02 “definitions,” shall also be subject to section 14.10.630 “coin-operated machines.”

(10)

Construction office (temporary).

A construction office is considered temporary and may be installed for the duration of a permitted construction project only.

(11)

Convenience store.

Convenience stores shall require a specific use permit.

Convenience stores approved to have alcohol sales for off-premises consumption shall be subject to the following requirements:

They shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended and any applicable local option elections.

They shall be subject to the requirements of article 4.02 “alcoholic beverages” of this code.

Convenience stores with gas pumps shall be subject to the following requirements:

Gas pumps are permitted at a maximum of two corners at an intersection of two major or minor arterials;

Gas pumps shall be located at least two hundred fifty feet (250') from a property line of a residential lot.

Canopy support columns shall be fully encased with masonry materials that are complementary to that used on the main building.

The canopy band face shall be of a color consistent with the main structure or an accent color and may not be backlit or used as signage.

(12)

Manufacturing/processing/fabrication.

These shall be conducted within enclosed buildings.

The storage of raw materials and products shall be conducted within screened areas not located in a required yard.

No activity shall be conducted on the premises which creates a level of noise, vibration, smoke or odor emission which, when measured at any property line of the premises, exceeds the same measure when said measurement is taken three hundred feet (300') from the premises.

Food processing shall be allowed, but shall not include on-premises slaughter of animals.

(13)

Mini-warehouse/self-storage.

Subject to the following restrictions and regulations:

Set back a minimum of two hundred feet (200') from street frontage.

Mini-warehouses shall be limited to “dead” storage, meaning storage of items not intended to be stored or retrieved on a daily basis.

No activities other than rental of storage units and pickup and deposit of dead storage shall be allowed on the premises.

No building shall exceed twelve feet (12') in height.

Total lot coverage shall be limited to fifty percent (50%) of the total lot area.

Minimum setback adjacent to any residential zoning district shall be twenty feet (20').

(G)

Where any mini-warehouse abuts a nonresidential zoning district, side and rear yards on the district boundaries shall be not less than the required setback of such abutting property.

(H)

A minimum of two points of ingress and egress shall be provided to a mini-warehouse premises. One of the points shall be considered the main entrance and the secondary entrance shall be provided for emergency access.

(I)

All storage on the property shall be kept within an enclosed building.

(J)

Outdoor advertising displays that do not identify the nature of the mini-warehouse itself shall not be permitted on the premises.

(K)

All outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises, shall be deflected, shaded and focused away from all adjoining property, and shall be of sufficient intensity to discourage vandalism and theft.

(L)

A screening device at least eight feet (8') in height shall be constructed between any mini-warehouse and adjoining residentially zoned areas. The barrier shall be of masonry construction.

(M)

No door opening for any mini-warehouse storage unit shall be constructed facing any residentially zoned property.

(N)

A minimum distance of thirty feet (30') shall separate units of mini-warehouse units, of which twenty-four feet (24') may be required for fire lanes as prescribed by the fire code of the town.

(O)

Twenty-four (24) hour on-duty security or management personnel shall be required at the main point of ingress and egress to the mini-warehouse facilities. This may include a small residence for such personnel. The residence shall not be rented out or leased to any individual other than the employee providing security and management services on site. Only one such accessory residence shall be permitted.

(14)

Mixed use development.

Mixed use includes residential and nonresidential units in the same building. Residential uses are excluded from the ground floor or street level store front.

(15)

Motor vehicle pound.

Shall require a specific use permit and be used for the temporary storage of motor vehicles removed from public or private property by impoundment pursuant to state law or town ordinance.

(16)

Package sales.

Package sales shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended and any applicable local option elections.

Package sales is permitted only by specific use permit.

Package sales shall be subject to the requirements of article 4.02 “alcoholic beverages” of this code.

(17)

Parking, off-premises.

Parking areas in nonresidential districts on land not more than three hundred feet (300') from the property served thereby, under such conditions as will protect the character of the surrounding property shall require a specific use permit.

(18)

Restaurant/food service.

A restaurant that sells alcohol for on-premises consumption shall require a specific use permit and shall adhere to the following requirements:

They shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended and any applicable local option elections.

They shall be subject to the requirements of article 4.02 “alcoholic beverages” of this code.

If a restaurant receives more than fifty percent (50%) or more of its gross revenue on an annual basis from the sale or service of alcoholic beverages for on-premises consumption, the use will no longer qualify as a restaurant and will be classified and regulated by the town as an alcoholic beverage establishment.

(19)

Signs.

Signs shall require a specific use permit when exceptions to general permitting of signage in article 14.10, division 8, “sign regulations” are necessary for the following cases:

Electronic message centers as required in section 14.10.730 “classifications.”

Signs which exceed the area or height standards of section 14.10.730 “classifications,” but only upon proof by the applicant that unique characteristics of topography and/or the elevation of adjacent roadways make a specific use permit necessary in order for the property to enjoy sign rights equivalent to those of other properties in the same zoning classification not possessing such unique characteristics.

(20)

Smoking establishment.

Any smoking establishment seeking a certificate of occupancy after July 30th, 2012 must be located at least one thousand feet (1,000') from any other smoking establishment.

The distance of one thousand feet (1,000') stated in subsection (A) above, shall be measured in a direct line as the crow flies from the main customer entrance of each smoking establishment, without regard to property lines, streets, walkways, walls or any other obstruction.

Any smoking establishment that is created after January 10, 2022 (either by application for a new certificate of occupancy or by adding “smoking establishment” to its existing use) allowing on-premises use of tobacco products is required to restrict such use to outdoor use not visible from the public right-of-way;

Any smoking establishment that is created after January 10, 2022 (either by application for a new certificate of occupancy or by adding “smoking establishment” to its existing use) must be able to verify that tobacco sales generate less than 50% of its total income.

(21)

Special events (temporary).

Special events, including nonprofit organization events, school district events, and similar events such as political rallies, tent meetings, festivals, revivals, bazaars, etc., require permit approval from the zoning administrator and are subject to the following conditions:

Applications for a permit shall be submitted to the zoning administrator no less than thirty (30) days prior to the date such temporary special event shall commence operation.

The application for permit shall contain the following:

Name, address and telephone number of person or organization conducting the event.

Date or dates of the special event.

A site plan showing in detail the different component parts of the special event and locations, including structures, stages, amplification equipment, parking, sanitary facilities, etc.

The estimated number of persons who will be attending.

(v)

A written lease or agreement from the property owner stating permission to the applicant to operate a special event on said property.

(vi)

Any other information that the zoning administrator shall deem necessary under the standards for issuance.

The temporary use shall not impede the normal movement of pedestrians or emergency access vehicles.

The application shall be reviewed by the community development, police and fire departments for security, fire and safety related issues.

No more than a total of three (3) temporary uses shall be allowed at the same address in any twelve (12) month period.

The permit will be valid for a maximum of fourteen (14) days.

(22)

Tent/sidewalk sales (temporary).

Tent/sidewalk sales require permit approval from the zoning administrator and are subject to the following conditions:

Applications for a permit shall be submitted to the zoning administrator no less than fourteen (14) days prior to the date such temporary sale shall commence operation.

The application for permit shall contain the following:

Name, address and telephone number of person or business conducting the event.

Date or dates of the temporary sale.

A site plan showing the component parts and location of the sale.

A statement of the type of goods or wares to be sold.

(v)

A written lease or agreement from the property owner stating permission to the applicant to operate a temporary sale on said property.

(vi)

If tents are used, a copy of the flame resistant rating information from the manufacturer.

(vii)

Any other information that the zoning administrator shall deem necessary under the standards for issuance.

The temporary sale shall not impede the normal movement of pedestrians or emergency access vehicles.

A permit fee, listed in appendix A of this code, shall be required.

The application shall be reviewed by the community development, police and fire departments for security, fire and safety related issues.

No more than a total of three (3) temporary sales shall be allowed at the same address in any twelve (12) month period.

(G)

The permit will be valid for a maximum of fourteen (14) days.

(23)

Solar energy systems.

Solar energy systems shall be allowed in compliance with article 3.09 “solar energy systems” of this code.

(24)

Credit access business.

Any credit access business seeking a certificate of occupancy after September 30, 2018 must be located at least 1,000 feet from any other credit access business.