(a) 
Purpose.
The requirements of this section are designed to provide for the orderly development of retail facilities that are located both within and outside the city limits and that have primary or secondary access to a roadway with [within] the city.
(b) 
In addition to other parking regulations that apply, parking for a retail facility is permitted only as an accessory use and is allowed only when immediately adjacent to a retail facility that is located within the corporate limits of the city.
(c) 
No access shall be allowed from a retail facility located within an adjacent city to a public street within the city until a traffic impact analysis (TIA) is submitted for consideration subject to the following process and criteria:
(1) 
Demonstrates that the public street is designed and constructed in accordance with the currently approved master thoroughfare plan as well as city development policies, procedures and standards; and
(2) 
Demonstrates that the public street is designed to accommodate any traffic generated by the retail facility.
(3) 
Consideration and approval by the city council. A public hearing/meeting is required to formally accept the TIA.
(d) 
The requirements of this section may be waived by the city council where the retail facility is to be developed pursuant to an interlocal agreement which places development controls on the facility that adequately address traffic impact issues on adjacent public streets and otherwise protect the public health, safety and welfare.
(Ordinance 1169, sec. 14.601, adopted 11/12/19)
(a) 
No building shall hereafter be erected, reconstructed, altered or enlarged, nor shall any building or land be used for any purpose other than is permitted in the district in which such building or land is located.
(b) 
No building shall hereafter be erected, reconstructed, altered or enlarged to exceed the height or bulk limit herein established for the district in which such building is located, nor shall any building be erected, reconstructed or altered as to provide a floor space smaller than the minimum prescribed by this chapter.
(c) 
No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations herein established.
(d) 
Every building hereafter erected shall be located on a lot as herein defined, and in no case shall there be more than one (1) building on one (1) lot, except as herein provided.
(Ordinance 1169, sec. 14.602, adopted 11/12/19)
Any residentially zoned lot having less area and/or width than herein required and which was platted of record and in separate ownership at the time of the passage of this chapter may be occupied by not more than a single-family structure. Nothing in this chapter shall prevent the residential use of any lot platted of record prior to the effective date of this chapter provided that all front yard, side yard, rear yard, floor area, parking and all provisions other than lot area and/or lot width are met or exceeded.
(Ordinance 1169, sec. 14.603, adopted 11/12/19)
Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking. Conformance with chapter 10, Subdivision Regulations, of the city Code of Ordinances is required.
(Ordinance 1169, sec. 14.604, adopted 11/12/19)
On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision in accordance to adopted current subdivision regulations and design criteria and construction standards.
(Ordinance 1169, sec. 14.605, adopted 11/12/19)
(a) 
Purpose.
The purpose of the site plan review is:
(1) 
To assure compliance with the zoning ordinance, while allowing for design flexibility;
(2) 
To assist in the orderly and harmonious development of the city;
(3) 
To protect adjacent uses from obstructions to light, air, and visibility;
(4) 
To provide protection from fire; and
(5) 
To facilitate the adequate provision of transportation, water, sewage, drainage and other public requirements.
(b) 
Process.
(1) 
A site plan may be reviewed or considered in association with a request for a zoning change or may be reviewed and considered independently. All site plans require approval by the city council, unless otherwise noted herein.
(2) 
After conducting a public hearing, the planning and zoning commission shall review and make a recommendation to the city council. The commission shall consider the site plan as follows:
(A) 
The proposed development meets all the minimum standards established in this chapter and other applicable ordinances;
(B) 
The proposed development conforms to the adopted comprehensive plan or the adopted growth policies of the city; and
(C) 
The proposed development will not be detrimental to the health, safety, or welfare of the surrounding neighborhood or its occupants, or be substantially or permanently injurious to neighboring property.
(3) 
Council approval.
City council approval of a site plan that accompanies a zoning change request shall become part of the amended ordinance. Hearings held by the council for consideration of approval of such zoning change and accompanying site plan shall be conducted in accordance with the provisions of section 14.02.001.
(4) 
Requirement prior to building permit.
When required by this chapter, a site plan must be approved prior to issuance of a building permit by the city.
(5) 
Changes to the site plan.
Changes to the site plan shall be processed in the same manner as the original approved site plan.
(A) 
Except as otherwise provided, any site plan that is amended shall require approval of the city council after review and recommendation by the planning and zoning commission.
(B) 
Changes to the site plan which will affect the use of the land shall require either an amendment to a planned development or a rezoning of property, whichever applies, and shall require the appropriate public hearings.
(C) 
Changes of details within a site plan which do not alter the basic physical relationship of the property to adjacent property, do not alter the uses permitted, [and] do not increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved site plan, may be authorized by the city manager or his/her designee. An aggrieved party may appeal the decision of the city manager or his/her designee to the board of adjustment in accordance with the provisions of this section.
(c) 
Site plan.
The site plan shall contain, where applicable, the information listed below and any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the planning and zoning commission, the city council and the staff personnel required to enforce and interpret this section.
(1) 
The location of all existing and planned structures on the subject property and approximate locations of structures on adjoining property within 100 feet.
(2) 
Design of ingress and egress.
(3) 
Off-street parking and loading facilities, and calculations showing how the quantities were obtained.
(4) 
Height of all structures (in feet and number of stories).
(5) 
Proposed uses.
(6) 
Landscape and bufferyard plan.
(7) 
The location, general size, and type of all major trees or closely grouped trees may be shown in general grouping if necessary.
(8) 
The location and type of all signs, including lighting and heights.
(9) 
Elevation drawings if requested by staff, planning and zoning commission, or city council.
(10) 
Street names on proposed streets.
(11) 
Proposed water, wastewater collection, and storm sewer lines; proposed grading and drainage patterns.
(12) 
Engineering drawings of all improvements to be dedicated to the city, if the property is not to be final platted or if engineering drawings have not been previously submitted for the site. If the property is to be final platted, these may be provided at that time.
(13) 
Utility and drainage easements for dedicated infrastructure, if required.
(14) 
Location, setbacks, size and construction material of dumpster enclosure.
(15) 
Such additional terms and conditions, including design standards, as the planning and zoning commission and the city council deem necessary.
(Ordinance 1169, sec. 14.606, adopted 11/12/19; Ordinance adopting 2021 Code)
(a) 
Accessory building and structure.
(1) 
Primary structure and use required.
(A) 
No detached accessory building shall be erected on a lot that does not contain a principal structure or use in accordance with the zoning district.
(B) 
A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building or is under an extension of the roof of the primary structure and is designed as an integral part of the main building. Refer to the regulations herein for accessory use.
(2) 
Building permit required.
Approved plans and building permit are required prior to the construction of an accessory building.
(3) 
Incidental use.
Generally, a subordinate building, located on the same lot as the primary building, and having a use customarily incidental to the primary use of the main building. Specific types of accessory buildings are defined below:
(A) 
Accessory building (multifamily or nonresidential).
A detached structure that is clearly incidental and subordinate to the main building or use and conforms to the following criteria:
(i) 
Not used as an accessory dwelling unit (ADU);
(ii) 
One story and maximum of 25 feet;
(iii) 
Conforms to the lot coverage regulations for the zoning district;
(iv) 
Conforms to the minimum exterior construction regulations herein applicable to the main building; and
(v) 
Architecturally compatible in design and use of similar exterior materials to the principal structure.
(B) 
Accessory dwelling unit (ADU).
(i) 
According to the U.S. Department of Housing and Urban Development (HUD), an accessory dwelling unit (ADU) refers to a habitable living unit added to, created within, or detached from a primary one-unit single-family dwelling, which together constitute a single interest in real estate. It is a separate additional living unit, including kitchen, sleeping, and bathroom facilities.
(ii) 
An area within a single-family dwelling or an area in a detached accessory structure that is clearly incidental and subordinate to the main building or the detached accessory structure and conforms to the following criteria:
a. 
Less than or equal in height to that of the main building;
b. 
Minimum roof pitch of 6:12;
c. 
Conforms to the minimum exterior construction regulations herein applicable to the main building; and
d. 
Architecturally compatible in design and use of similar exterior materials to the principal structure.
(C) 
Accessory building (residential).
A detached structure that is clearly incidental and subordinate to the main building or use, not used as an ADU, and that is equal to or lesser in height than the main building. Accessory buildings include garages, storage sheds, gazebos, cabanas, storm shelters, and similar structures.
(4) 
Height and area regulations.
(A) 
Setbacks.
(i) 
No accessory building shall be erected in any required yard and/or easement; and
(ii) 
No separate accessory building shall be erected within the minimum separation required by the city adopted building code.
(B) 
Height.
Detached accessory buildings may not exceed the existing height of either the principal building or the maximum height permitted in the zoning district.
(C) 
Lot coverage.
The additional building in combination with the principal building and all other accessory structures may not exceed the maximum area (lot coverage) permitted in the zoning district.
(5) 
Exceptions.
(A) 
Storage sheds less than or equal to 120 square feet do not require masonry exterior materials and do not require a building permit.
(B) 
Carports are regulated according to section 14.06.008.
(C) 
Accessory buildings (residential) in the "NAS" Naval Air Station Overlay District shall not exceed three hundred (300) square feet in area.
(6) 
Variance.
The board of adjustment may approve a variance [for] an accessory building which exceeds the height limitation herein for accessory buildings which inherently require a greater height, such as detached garages for motor homes; provided that no such accessory structure shall exceed the maximum height allowed in the zoning district. An accessory building may be constructed as a part of the main building, in which case the regulations controlling the main building shall apply.
(b) 
Accessory use.
(1) 
Principal structure required.
No accessory use shall be established on a lot that does not contain a principal structure or use in accordance with the zoning district.
(A) 
No accessory use may occur within any structure that does not meet the required regulations of the applicable zoning district and shall conform to all applicable city regulations.
(B) 
Accessory uses shall be customarily incidental and appropriately compatible with the principal use of the land and primary building.
(2) 
Home occupations.
Home occupations are permitted within the primary structure. The area used for the home occupation shall be a maximum of twenty percent (20%) of the primary structure.
(Ordinance 1169, sec. 14.607, adopted 11/12/19; Ordinance 1251 adopted 1/17/2023)
(a) 
Intent.
It is the intent of the city council that carports be allowed in single-family residential zoning districts subject to the regulations and requirements set forth in this section. Carports are expressly prohibited in any zoning districts of the city with the exception of SF-7.5, SF-0 and those properties used as single-family residences in MU-PD.
(b) 
Definition.
For purposes of this section, a carport is a structure that is not enclosed by any covering on at least three (3) sides and that serves the purpose of providing cover for off-street parking of private vehicles of the residents of a single-family dwelling.
(c) 
Criteria.
In order to be permitted in SF-7.5 or SF-0 zoning districts, a carport shall meet the following requirements:
(1) 
The carport shall be set back equal to or greater than the primary structure and shall in no case [extend] beyond any property line or into any easement.
(2) 
A side yard shall be required and shall be a minimum of five feet (5 ft.) in width from the property line.
(3) 
No carport shall be adjacent to a public or private street.
(4) 
No carport shall exceed 450 square feet in roofed area.
(5) 
No carport shall contain an open-sided area that is in excess of ten feet (10 ft.) in height.
(6) 
Support structure.
(A) 
The supporting structural elements in the outside perimeter of the roofed area shall be constructed of 14-gauge or thicker aluminum or steel and conventional wood framed construction meeting the requirements of the city building code as adopted by the city.
(B) 
The support posts must be embedded into concrete piers 12 inches in diameter and 24 inches deep or larger. The posts must be embedded the full depth of pier.
(7) 
For carports with metal roofs, the roof material shall consist of 26-gauge or thicker aluminum or steel with proper protection by paint or other materials to prevent corrosion and oxidation, or by composition shingles applied over approved decking. Corrugated metal and all-fiberglass panels are expressly prohibited.
(d) 
Building permit required.
The construction of carports shall be subject to permit fees as set out in the city fee schedule.
(Ordinance 1169, sec. 14.608, adopted 11/12/19; Ordinance 1243 adopted 9/20/22)
In districts not intended for residential use and where residential use is not a permitted use, living quarters may be provided for resident managers, resident security and maintenance personnel and the like provided that:
(1) 
The living quarters are clearly subordinate to the permitted nonresidential use.
(2) 
The living quarters are only occupied by a manager, security, maintenance or other individual employed with full-time duties on the site on which the living quarters are located. This is not intended to preclude the additional occupancy of the living quarters by family members of the full-time individual employed on the site.
(3) 
The living quarters are incorporated into the design of the permitted use in such a manner that the living quarters are not perceptible as such.
(4) 
Two (2) off-street parking spaces are provided per living quarter in addition to the required parking for the permitted use.
(5) 
Not more than one (1) such living quarter shall be authorized per platted lot without prior specific approval of the planning and zoning commission and city council as a conditional use.
(Ordinance 1169, sec. 14.609, adopted 11/12/19)
(a) 
Purpose.
Except [as] hereinafter provided, no building or structure or part thereof shall be erected, altered, or converted for any use permitted in the district in which it is located unless there shall be provided on the lot or tract or on an immediately contiguous lot or tract, or on a lot or tract within 150 feet of such building or structure, vehicle parking in the following ratio of vehicle spaces for the uses specified in the designated districts, except that an established use lawfully existing at the effective date of this chapter need not provide vehicle parking as hereinafter set forth provided such use is not expanded and that no existing vehicle parking in connection with said uses at the effective date of this chapter may be reduced below the minimum number of spaces as hereinafter required.
(b) 
General regulations.
Where parking spaces result from the computation of requirements, the requirement shall be construed to be that the fractional space will be treated as another full parking space required.
(c) 
Minimum dimensions for off-street parking.
(1) 
The design and dimensions of off-street parking shall be in accordance with the following table of minimum dimensions.
Parking Angle
Stall Width
Stall Length
Maneuvering Space
90 degree
9 feet
18 feet
24 feet
60 degree
9 feet
20.1 feet
20 feet
45 degree
9 feet
19.1 feet
18 feet
(2) 
When off-street parking facilities are provided adjacent to a public alley, the width of said alley may be assumed to be a portion of the maneuvering space requirement.
(3) 
Where off-street parking facilities are provided in excess of the minimum amounts herein specified, or when off-street parking facilities are provided but not required by this chapter, said off-street parking facilities shall comply with the minimum requirements for parking and maneuvering space herein specified.
(d) 
Special off-street parking requirements.
(1) 
In computing the parking requirements for any building or development, the total parking requirements shall be the sum of the specific parking space requirements for each class of use included in the building or development.
(2) 
Shared parking agreements and cross-access easements are encouraged for developments with a variety of uses. Studies to calculate and justify sufficient parking spaces is required and/or recommended.
(3) 
Residential development.
(A) 
No parking space, garage or carport or other automobile storage space or structure shall be used for the storage of any truck, truck trailer, van, recreational vehicle, or boat exceeding one and one-half (1-1/2) ton capacity.
(B) 
A minimum of two (2) off-street parking spaces per dwelling unit located behind the front building line; provided, however, that at least two parking spaces shall be located within a private garage.
(C) 
Parking spaces and any private driveways shall be constructed of an improved paved surface of concrete or asphalt or other paved surface in accordance with the subdivision regulations and design criteria and construction standards, and as approved by the city manager and/or designee.
(i) 
On nonconforming lots without paved parking spaces and driveways, the parking spaces and driveways shall only be located perpendicular to the curb cut or drive approach or in the rear yard as authorized by the regulations herein and may not encroach into any portion of the remaining front yard. (See the previous diagram.)
(ii) 
On nonconforming lots without paved parking spaces and driveways, all vehicles shall be driven and parked so as to completely rest upon the unpaved parking spaces or driveway as provided in this section, or in the side yard adjacent thereto. (See the previous diagram.)
(iii) 
All vehicles parked or stored in the required rear yard of a structure must be placed behind a screening partition of fencing materials or dense vegetation so as to obscure the vehicle from view from a public street or public right-of-way. In addition, the parking or storage area and driveway (from the curb cut or drive approach to the parking or storage area) must be constructed of paved concrete or asphalt or other paved surface approved by the city manager and/or designee.
(D) 
A boat or recreational vehicle (RV) may be parked or stored on the residential premises of the owner provided that such boat or RV is:
(i) 
Parked on a permanently paved surface when parked in the side yards;
(ii) 
Not parked beside a structure in the required side yards;
(iii) 
Not parked within three (3) feet of the rear or side property lines when parked in the rear of a structure;
(iv) 
Not used for sleeping quarters for more than seven (7) days or nights within any 6-month period; and
(v) 
Not parked over the front property line or in the right-of-way except when used in conformance to the regulations herein. For corner lots the RV may not be parked within 15 feet of the property line of the second front yard.
(4) 
Nonresidential development.
(A) 
Floor area of structures devoted to off-street parking of vehicles shall be excluded in the computing of off-street parking requirements.
(B) 
Private access drives to parking lots to serve nonresidential uses shall not be through residential districts.
(e) 
Off-street loading requirements.
(1) 
All retail or wholesale sales, distribution, manufacturing and warehouse uses shall provide and maintain off-street facilities for the loading and unloading of merchandise and goods within the building or on the lot adjacent to a public alley or private service drive to facilitate the movement of traffic on the public street in addition to other parking requirements. Such space shall consist of a minimum area of ten feet by twenty-five feet (10 ft. x 25 ft.) and be provided as follows:
Gross Floor Space (sq. ft.)
Loading or Unloading Berths
25,000 or less
1
25,001 to 84,000
2
84,001 to 156,000
3
156,001 to 236,000
4
Each 100,000 additional
1 additional per 100,000 gross floor area
(2) 
In cases of unusual design considerations, exemptions or modifications to the off-street loading requirements will be permitted only by approval of the planning and zoning commission.
(f) 
Stacking space requirements.
(1) 
All business uses containing an automobile drive-in type ordering or service facility, whether manned or unmanned, shall provide automobile stack space in conjunction with the drive-in facility.
(2) 
Stack spaces shall be nine feet wide by eighteen feet long (9 ft. wide x 18 ft. long) and shall be located in a sequential arrangement oriented to the drive-in ordering or service area.
(3) 
The space occupied by an automobile placing an order or being served shall not be considered as a stack space.
(4) 
Required stack space(s) shall not be on any street right-of-way or alley, any necessary maneuvering area for parking spaces, within the general traffic circulation pattern of a parking lot, or a designated fire lane. Stack spaces may be situated in a straight alignment or in a curved pattern with functional radii.
(5) 
All stack space requirements shall be in addition to all parking space and loading requirements specified herein.
(g) 
Handicap parking spaces.
(1) 
A portion of the total parking spaces available shall be specifically designed, located and reserved for vehicles licensed by the state for use by the handicapped, and shall be provided according to the following schedule:
Total Spaces in Lot
No. of Handicapped Spaces
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2% of total parking spaces
1,001 and over
20 spaces plus 1 per 100 spaces over 1,000 spaces
(2) 
Each parking space designated for use by the handicapped shall consist of a rectangular area not less than nine feet wide by eighteen feet long (9 ft. wide x 18 ft. long), with a vertical clearance of nine and one-half feet (9-1/2 ft.), shall be located in an area not exceeding 2 percent (2%) slope, and shall be located near and convenient to a level or ramped entrance accessible to handicapped persons. A five-foot (5 ft.) wide access aisle shall be provided adjacent to the handicapped parking space, except that for one (1) of every eight (8) spaces, but not less than one (1) space, shall be provided with an eight foot (8 ft.) wide access aisle for van access. Parking spaces for the handicapped shall be designated with a vertically mounted or suspended sign in accordance with state law (Texas Accessibility Standards) and restricted for use by the handicapped only.
(h) 
Bicycle parking.
(1) 
Bicycle parking requirement.
(A) 
All new nonresidential developments and redevelopment shall provide parking spaces for bicycles equivalent to 5 percent of their automobile parking requirement.
(B) 
In all cases where bicycle parking is required, no fewer than two (2) spaces per rack shall be required.
(C) 
A reduction in the minimum required automobile parking may be allowed equal to one (1) automobile space for each two (2) bicycle parking spaces provided. Additional bicycle parking spaces provided above the required number may not reduce the required number of automobile parking spaces by more than 25 percent.
(2) 
Locations.
(A) 
Bicycle parking shall be located as close as or closer than the nearest car parking space to the building entrance, other than those spaces for persons with disabilities.
(B) 
Bicycle parking facilities shall not interfere with accessible paths of travel or accessible parking as required by the Americans with Disabilities Act of 1990.
(C) 
Bicycle racks shall not block the building entrance or inhibit pedestrian flow.
(D) 
Bicycle racks shall be located in highly visible and well-lit areas to minimize theft and vandalism.
(E) 
Alternative locations.
In the event that compliance may not be feasible because of demonstrable hardship, the city manager and/or designee may approve an alternative location according to the following criteria:
(i) 
Alternative locations shall be well-lit and secure.
(ii) 
All bicycle parking spaces shall be located within 100 feet of the primary building entrance.
(3) 
Layout and design.
(A) 
Bicycle rack design; structures that require a user-supplied locking device.
(i) 
Each bike rack shall be designed to accommodate two (2) bike parking spaces using the allowed bike rack designs below.
(ii) 
Racks shall be designed to accommodate U-shaped locking devices and support the bicycle in two (2) places.
(iii) 
Racks shall be designed to resist cutting, rusting, bending and deformation.
(iv) 
The surfacing of such facilities shall be designed and maintained to be mud- and dust-free.
(B) 
Bicycle parking space size, access aisles, and vertical clearance.
(i) 
Required bicycle parking spaces shall be at least four feet wide by six feet long (4 ft. x 6 ft.).
(ii) 
An access aisle of at least four feet (4 ft.) shall be provided in each bicycle parking facility.
(iii) 
Such space shall have a vertical clearance of at least six feet (6 ft.).
(iv) 
Racks shall be placed on 48 inches on center (48 in. oc).
(C) 
Bicycle parking shall be located to protect bicycles from damage from automobiles.
(D) 
In cases where bicycle parking spaces are not visible from the primary street, signage shall be used to direct cyclists safely to bicycle parking areas (see example next page).
Editor’s note–The example referred in subsection (D) was not set out in Ordinance 1169.
(E) 
All bicycle racks and lockers shall be securely anchored to the ground using a concrete footing and tamper-proof spike anchors.
(F) 
Bicycle parking shall be designed to minimize visual clutter to the extent possible.
(i) 
Parking requirements for new or unlisted uses.
Where questions arise concerning the minimum off-street parking requirements for any use not specifically listed, the requirements may be interpreted as those of a similar use.
(j) 
Schedule of minimum number of parking spaces.
See the table at the end of this section.
(1) 
In all zoning districts, off-street vehicle parking spaces shall be provided in accordance with the following requirements.
(2) 
In any case where specific requirements result in a fraction of a parking space the next larger whole number of spaces shall be required.
(3) 
In any case where specific requirements include the number of persons employed on the premises, the number [of] persons employed in two (2) shifts shall be used for calculating parking requirements when a use customarily exceeds nine (9) hours of operation in a 24-hour period.
(4) 
Parking spaces shall be required as shown in the table at the end of this section.
(k) 
Aisle requirements.
(1) 
Ninety-degree spaces (90º):
(A) 
For a single row of 90-degree head-in parking, the minimum width for a parking space plus aisle shall be 38 feet.
(B) 
For two (2) rows of 90-degree head-in parking using the same aisle, the minimum width for parking spaces plus aisle shall be 56 feet.
(2) 
Sixty-degree spaces (60º):
(A) 
For a single row of 60-degree head-in parking, the minimum width for a parking space plus aisle shall be 34 feet.
(B) 
For two (2) rows of sixty-degree (60º) head-in parking, using the same aisle, the minimum width for parking spaces plus aisle shall be fifty-two feet (52 ft.).
(3) 
Forty-five-degree spaces (45º):
(A) 
For a single row of 45-degree head-in parking the minimum width for a parking space plus aisle shall be 30 feet.
(B) 
For two (2) rows of 45-degree (45º) head-in parking, using the same aisle, the minimum width for parking spaces plus aisle shall be 48 feet.
(4) 
A single line of parking spaces may be provided parallel to an aisle provided they are at least 22 feet in length and nine feet (9 ft.) in width and 22 feet of maneuvering space in front of and diagonal to the frontmost parallel parking space.
(5) 
When driveways are less than 20 feet in width, marked separate entrances and exits shall be provided so that traffic shall flow in one (1) direction only.
(6) 
Entrances and exits to an alley may be provided, if prior approval is obtained in writing from the city.
(7) 
When more than one (1) aisle is provided, adequate internal circulation shall be provided between the aisles to allow movement between the aisles without using public right-of-way.
PARKING REQUIREMENTS
SF = Square feet (round up); DU = Dwelling unit; NA = Not applicable; P = Prohibited
Use
Parking
Stacking
Bicycle
Notes
RECREATION AND ENTERTAINMENT USES
Amusement/event center (indoor), inc. game room
10 min.;
1:100 SF + Assembly
Study required
5 percent of required parking as per approved site plan
 
Bowling alley
4:Lane
 
Entertainment venue (outdoor)
1:4 Seats
Study required
Assembly, auditorium, theater, cinema
1:3 Seats
Study required
Bar, tavern, private club
1:2 Seats
 
Golf courses, driving range, miniature golf
5:1 Green;
1:1 Range tee
 
Sexually oriented business
1:1 Seats
 
COMMUNITY FACILITIES, EDUCATIONAL AND INSTITUTIONAL USES
Business/trade school
1:200 SF
1 min.
5 percent of required parking as per approved site plan
 
Colleges and universities
Study required
Study required
Convention center
Study required
Study required
Shared parking preferred
Early education, elementary and secondary schools
1:1 Faculty
1:1 Employee
1:1 Bus
Study required
Day-care center - child or adult
1:1 Employee
1:1 Bus
1:8 Enrollment
4 min. at drop-off/pickup
5 percent of required parking as per approved site plan
Day-care center - religious institution
1:1 Employee
1:1 Bus
1:3 Enrollment
4 min. at drop-off/pickup
Government offices: local, state or federal
Study required
1 min.
Independent school district offices/bldgs.
1:1 Employee
1 min.
Medical care facilities, clinics, hospitals
1:250 SF
Study required
Museums, libraries, community centers, private or nonprofit orgs.
Study required
Study required
Public safety facilities, civil defense centers
Study required
Study required
Religious institutions, churches
1:2 Seats
+ Assembly
Study required
RESIDENTIAL USES
Household
 
 
 
 
Single-family detached
2:1 DU
NA
NA
Off-street; behind front building line; 2-car in private garage
Single-family attached
1:1 DU
NA
NA
 
Multifamily dwellings
2:1 DU
NA
NA
Visitors and additional parking
Manufactured/mobile home
2:1 DU
1:2 DUs
NA
NA
Visitors and additional parking
Modular home
2:1 DU
NA
NA
 
Group
 
 
 
 
Assisted living; nursing home
1:2 Beds
As per approved site plan
NA
Based on capacity as per license
Boarding home/co-living
1:2 Beds
Study required
Study required
 
Community home
1:2 Beds
Study required
Study required
 
Group home
1:2 Beds
Study required
Study required
 
Halfway house
1:2 Beds
Study required
Study required
 
Shelter
1:2 Beds
Study required
Study required
 
ACCESSORY BUILDING and/or USES
Accessory Building
 
 
 
 
Accessory bldg.; nonresidential
NA
NA
NA
 
Accessory bldg.; residential
1:1 DU
NA
NA
 
Antennae and towers, to max. height in district
NA
NA
NA
 
Antennae and towers > max. height in district
NA
NA
NA
 
Carport
2:1 DU
NA
NA
 
Temporary bldg. for construction/office
1:250 SF
NA
NA
 
Accessory Use
 
 
 
 
ADU - Accessory dwelling unit
1:1 DU
NA
NA
 
Home occupations
Prohibited
NA
NA
 
Outdoor sales/display (temporary)
NA
NA
NA
May not be located in any required spaces
COMMERCIAL and RETAIL USES
Retail/Commercial
 
 
Coffee shop with drive-through
1:250 SF
13 spaces min.
Min. 5 percent of required parking As per approved site plan
Contract construction services
2:Unit
Space for equipment trailer
Behind front building line
Convenience store
4 min. or 1:200 SF store
 
+ 1:Fuel station
Drive-through with any commercial, retail or service use
Refer to list
5 spaces min.
Study recommended
Drug stores/pharmacy
1:250 SF
5 spaces min.
Farm implement sales/service
1:700 SF
 
Food truck; food truck park
2:Food truck
 
Furniture and furnishings
1:1500 SF
 
Grocery stores, specialty market (not in shopping center)
1:200 SF
 
Hardware/home improvement
1:1500 SF
 
Merchandise - general
1:250 SF
 
Merchandise - parts
1:500 SF
 
Merchandise - specialty
1:200 SF
 
Nursery for retail sales
1:1500 SF
 
Private club, fraternity, lodge
1:200 SF
 
Restaurant, bar, cafe, cafeteria
1:100 SF
NA
Restaurant - fast food w/drive-through
1:100 SF
12 spaces min.
Shopping center
1:250 SF
 
Vending - ice dispensing
2 min.
 
SERVICE USES
Service
 
 
Bank/financial institutions
1:300 SF
8 spaces min.
Barber and beauty shops salon
1.5:Chair
1:Employee
 
Bicycle service and repair
1:500 SF
 
Caterer or wedding service
1:Employee
 
+ Assembly
Health and fitness facility
1:150:SF
 
Hotel, motel, inn
1:1 Bedroom
4 spaces min. at check-in
+ Restaurant
+ Assembly
Laundry service, dry cleaner
1:200 SF
Study required
Laundromat
1:50 SF
 
Mini-warehouse
1:50 units
2 spaces min. gate/entry/exit
Mortuaries, funeral homes
1:1500 SF
Study required
+ Assembly
Music instruments and/or lessons
1:300 SF
1:Classroom/studio
 
Office, health services
1:175 SF
 
Offices, professional/service
1:300 SF
 
Veterinarian, with or without kennels
1:200 SF
 
AUTOMOBILE AND MISCELLANEOUS VEHICULAR USES
Automobiles, Bicycles, Motorcycles, Boats, Trailers
Auto
 
 
 
 
Vehicle sales and rentals
1:200 SF
Study required
As per approved site plan
 
Vehicle repair, paint/body shop
1:200 SF
Study required
Car wash
1:Stall
7 spaces min.
INDUSTRIAL, MANUFACTURING and WAREHOUSING USES
Light Industrial
 
 
 
 
Flex building/multi-tenant
1:300 SF office
1:5000 SF warehouse
As per approved site plan
As per approved site plan
 
Light manufacturing
1:300 SF office
1:5000 SF warehouse
Research and development
1:300 SF office
1:5000 SF warehouse
Showroom warehouse
1:300 SF office
1:7000 SF warehouse
Warehouse store (e.g., Costco)
1:300 SF office
1:2000 SF warehouse
Industrial
 
Heavy industrial equipment sales/auction yard
1:300 SF office
1:2000 SF warehouse/yard
Manufacturing buildings
1:300 SF office
1:2000 SF warehouse
Packing plant
1:300 SF office
1:5000 SF warehouse
Telecom/data hosting center
1:300 SF office
1:10000 SF warehouse
Terminal, truck, freight, or water
1:2000 SF
Warehouse/distribution buildings
1:300 SF office
1:7000 SF warehouse
UTILITY AND SERVICE USES
Utility installations owned by city, county, state or public utility
As per CUP
As per CUP
As per CUP
 
Gas well drilling and operations
As per approved site plan
As per approved site plan
As per approved site plan
 
(l) 
General requirements.
(1) 
Maneuvering space shall be completely off the right-of-way of a public street, place or court, unless specifically approved by the planning and zoning commission during site plan review.
(2) 
Parking parallel to the curb on a public street shall not be substituted for off-street requirements, unless specifically approved by the planning and zoning commission.
(3) 
When the occupancy of any building is changed to another use, parking shall be provided to meet the requirements of this section for the new use.
(4) 
For existing buildings that are enlarged, parking spaces shall be required for the overall building.
(5) 
When permanent seating is not provided in any public assembly area, the occupant load shall be computed in accordance with current fire code regulations of the city as the fire code currently exists or may be amended in the future without requiring amendment to this chapter. The applicable parking requirement will then be calculated as if each occupant had a permanent seat.
(m) 
Auxiliary parking.
(1) 
Auxiliary parking may be used if sufficient parking to meet the requirements under subsection (a) above is available on the premises. A private parking lot may be provided within five hundred feet (500 ft.), either on property zoned for that purpose or as approved by the planning and zoning commission under the following restrictions:
(A) 
The parking must be subject to the front yard setback requirements of the district in which it is located.
(B) 
The parking area must be hard-surfaced and dust-free.
(C) 
A minimum five foot (5 ft.) high screen type fence or planting must be provided on all sides for the protection of the adjacent properties zoned for residential use.
(D) 
Area lights must be directed away from adjacent properties and adjacent roadways.
(n) 
Safety standards.
(1) 
Safety barriers, protective bumpers or curbing shall be provided to prevent encroachment onto adjoining public or private property.
(2) 
Visibility of and between pedestrians, bicyclists, and motorists shall be assured when entering individual parking spaces, when circulating within a parking facility, and when entering and exiting a parking facility.
(3) 
Internal circulation patterns, and the location and traffic direction of all access drives, shall be designed and maintained in accordance with accepted principles of traffic engineering and traffic safety.
(o) 
Lighting.
Lights provided to illuminate any parking facility or paved area shall, to the maximum extent feasible, be designed to reflect away from any residential use.
(p) 
Parking lot landscaping standards.
Planter islands shall be provided in parking areas on the basis of 20 square feet of landscape area for each parking stall provided (approximately one (1) island per eight (8) stalls). Each row of parking stalls shall provide the required landscape area. The building official may modify the island requirement for each row in situations where it would be beneficial to combine islands into a larger island. Planter islands shall have a minimum width of eight feet (8 ft.) back to back, if curbed, or nine feet (9 ft.) edge to edge if no curb is provided. Parking lot landscaping does not count toward the total required interior landscape area.
(1) 
Existing trees.
The building official may approve variations to the planter island requirements to preserve existing trees in interior parking areas. For existing trees, the minimum width of the planter island shall be as follows:
Caliper
Width
6" dbh or less
8 ft. minimum width
6" to 12" dbh
12 ft. minimum width
More than 12" dbh
18 ft. minimum width
(2) 
Planting requirements.
A minimum of 90 percent of all planter islands in parking areas shall contain a minimum of one (1) canopy tree with the remaining area in shrubs, ground cover, grasses or seasonal color. Planter islands shall not be combined with light poles.
(q) 
Screening.
Additional landscaping and bufferyards shall be provided in accordance with the regulations herein.
(r) 
Maintenance.
All parking and loading facilities shall be maintained to assure desirability and usefulness of the facility. Such facilities shall be maintained free of refuse, debris, or other accumulated matter and shall at all times be available for the off-street parking or loading use for which they are required or intended.
(s) 
Drainage.
All parking facilities shall be graded and provided with permanent storm drainage facilities, meeting the construction specifications set by the city engineer. Surfacing, curbing, and drainage improvements shall be sufficient to preclude the free flow of water onto adjacent properties or public streets or alleys, and to provide adequate drainage.
(t) 
Recreational vehicle parking.
(1) 
No more than one (1) recreational vehicle shall be parked in any required front yard:
(A) 
The total length of the recreational vehicle shall not measure more than 35 feet in length, including any transport accessory.
(B) 
The recreational vehicle shall not under any circumstances extend into or upon any right-of-way or public access easement.
(C) 
The recreational vehicle shall be parked on an asphalt or concrete surface not less than nine feet wide by eighteen feet long (9 ft. wide by 18 ft. long) in size, free of litter, debris, weeds, or other objectionable material or objects. Use of an alternate all-weather hard surface may be approved only by the city engineer.
(D) 
The vehicle and transport accessory must be totally operational and ready for use and have current license plates and inspection certificate.
(E) 
No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or any location not approved for such use.
(2) 
Parking of recreational vehicles will be permitted behind the front building line; however, such vehicles shall be currently licensed and in good repair and be parked on a concrete or asphalt surface at least nine feet wide by eighteen feet long (9 ft. wide by 18 ft. long) in size.
(3) 
Recreational vehicles shall be parked in accordance with article 12.07, Stopping, Standing and Parking.
(u) 
Parking and storage of certain vehicles.
(1) 
Automotive vehicles or trailers meeting the definition of “junked vehicle” shall not be parked or stored on any property other than completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property.
(2) 
Antique or special interest vehicles may be parked by a motor vehicle collector on the collector’s property behind the front building line provided that the vehicle is parked on a concrete or asphalt surface at least nine feet wide by eighteen feet long (9 ft. wide by 18 ft. long) in size, the area is maintained in an orderly manner and not a health hazard, and that the area is screened from ordinary public view by not less than a six-foot (6 ft.) solid fence.
(3) 
Covering of a junked, antique or special interest vehicle by a tarp or other fabric cover alone is not sufficient to comply with the screening requirement herein.
(4) 
Parking or storage of all licensed trailers shall conform to requirements of major recreational equipment. All automotive vehicles or trailers of any kind shall be parked on a concrete or asphalt surface not less than nine feet wide by eighteen feet long (9 ft. wide by 18 ft. long).
(5) 
The temporary parking (not exceeding 48 hours) of automotive vehicles or trailers on a surface other than concrete or asphalt at special community events hosted or authorized by the city may be approved on a case-by-case basis by the city manager or designee.
(Ordinance 1169, sec. 14.610, adopted 11/12/19; Ordinance 1280 adopted 4/16/2024)
Site access and driveways shall conform to chapter 10, Subdivision Regulations, of the Code of Ordinances, and the adopted design criteria and construction standards.
(Ordinance 1169, sec. 14.611, adopted 11/12/19)
(a) 
Purpose.
(1) 
This section establishes landscaping requirements in nonresidential zoning districts, including planned development districts.
(2) 
It is the intent of this section to reduce the negative effects of glare, noise, erosion and sedimentation caused by expanses of impervious and unvegetated surfaces within the urban environment.
(3) 
It is also the intent of this section to preserve and improve the natural and urban environment by recognizing that the use of landscaping elements can contribute to the processes of air purification, oxygen regeneration, groundwater recharge, abatement of noise, glare and heat, provision of habitats for wildlife, and enhance the overall beauty of the city.
(b) 
Landscape installation required.
(1) 
Residential lots and/or uses in planned development.
(A) 
No building permit shall be issued after the effective date of this chapter for the construction of any new building in residential zoning districts unless a landscaping plan has been approved in accordance with this chapter.
(B) 
Each residential lot shall be landscaped as follows (minimum):
(i) 
Sod required in the front yard.
(ii) 
One (1) 3-inch caliper tree in the front yard.
(2) 
Nonresidential.
(A) 
No building permit shall be issued after the effective date of this chapter for the construction of any new building in nonresidential zoning districts unless a landscaping plan has been approved in accordance with this chapter.
(B) 
Except as otherwise provided in this chapter, a minimum of 20 percent of the total area of the lot on which the new building is constructed shall be landscaped.
(C) 
This 20 percent requirement may be reduced by as much as 50 percent through the application of credits granted in the manner described in herein.
(3) 
The landscaping requirements in this chapter shall not apply to any lot for which a site plan, plot plan or landscaping plan has previously been approved by the city in conjunction with zoning or other development approval, provided that no substantive revisions are made to such approved plan.
(4) 
If only a portion of a large tract or lot is being developed, 20 percent of the area being developed, as determined by the city manager and/or designee according to the submitted site plan, will be required to be landscaped.
(c) 
Landscaping plan required.
(1) 
A landscaping plan shall be submitted to the city for approval. The landscape plan may be submitted as a part of the site plan.
(2) 
The landscape plan shall contain the following information:
(A) 
Minimum scale of one inch equals fifty feet (1 in. = 50 ft.);
(B) 
Location of all trees to be preserved; method of preservation during the construction phase of development shall be approved by the director of parks and recreation;
(C) 
Location of all plants and landscaping material to be used including paving benches, screens, fountains, statues, or other landscape features;
(D) 
Species of all plant material to be used;
(E) 
Size of all plant material to be used;
(F) 
Spacing of plant material where appropriate;
(G) 
Layout and description of irrigation, sprinkler or water system, including placement of water sources;
(H) 
Description of maintenance provisions of the landscape plan; and
(I) 
Persons responsible for the preparation of the landscape plan.
(d) 
Locational criteria.
(1) 
Not less than 40 percent of the total landscaping required by this chapter shall be located in the designated front yard.
(2) 
All landscape material shall comply with visibility requirements of the city Code of Ordinances.
(e) 
Credits toward landscaping requirements.
Credits toward the landscaping requirements set forth in subsection (b) above may be granted in the following manner:
Additional Enhancement
Credit
3-inch tree (trunk diameter measured 12" above grade)
200 sq. ft.
6-inch tree (trunk diameter measured 12" above grade)
400 sq. ft.
10 one (1) gallon shrubs
100 sq. ft.
25 square feet flower bed
100 sq. ft.
(1) 
In no instance shall the total amount of landscaping on a lot be reduced through credits by more than 50 percent of the landscaped area required by this section.
(2) 
A flower bed is any area where the soil has been specifically prepared for the planting of flowering plants. In addition, in order to be considered for credit calculations at least 80 percent of the prepared area must be covered with flowering plant material at the time of peak growth.
(f) 
Installation and maintenance.
(1) 
All required landscaped area shall be permanently landscaped with living plant material and shall have either an irrigation system installed or shall be accessible to a bibcock, faucet, or other water source on the same lot or parcel. Synthetic or artificial lawn or plant material shall not be used to satisfy the requirements of this chapter.
(2) 
Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping.
(3) 
All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year.
(4) 
Plant materials which die shall be replaced with plant material of similar variety and size within a 6-month period, with a one-time extension not exceeding six (6) months being provided upon approval of the city manager and/or designee.
(g) 
Certificate of occupancy.
(1) 
All landscaping shall be completed and installed in accordance with the approved landscape plan within six (6) months of a certificate of occupancy being granted. A one-time extension not to exceed six (6) months may be granted upon approval of the city manager and/or designee.
(2) 
If these requirements have not been satisfied within the 6-month period from when the certificate of occupancy is issued, the property owner shall be considered in violation of this chapter and shall be subject to the penalties established herein.
(h) 
Nonconforming uses and/or structures.
All uses that are in existence at the time of the adoption of this section, which do not meet the landscaping requirements provided herein, will be considered as being legal nonconforming to these landscape requirements.
(i) 
Modification, variances and appeal.
(1) 
Modifications.
Whenever there are practical difficulties involved in complying with the provisions of this chapter relating to landscaping such as the presence of existing facilities or unusual topography, the city manager and/or designee may grant modifications in individual cases, provided he shall first find that a special individual circumstance makes strict compliance with this chapter impractical; that the modification is in conformity with the intent and purpose of this chapter; and that the proposed modification is at least the equivalent of the requirements prescribed by this chapter. Such modification may only be made upon written application filed with the city manager and/or designee and the details of any action granting the modification shall be recorded and entered into the files of the city. In order to be considered for a modification, the applicant shall provide to the city manager or his designee an alternative landscape plan for review and approval. The landscape plan must illustrate a plan to landscape as much area as available and shall provide for irrigation of landscaped areas and a phasing schedule for completing the landscaping. All landscaping improvements must be approved by the city manager and/or designee.
(2) 
Variances and appeals.
Any applicant who desires a variance or elimination of the requirements herein or who desires to appeal a decision of the city manager and/or designee shall file a written appeal with the board of adjustment. Such appeal shall be accompanied by adequate graphic reproductions, a written summary of the request and justification for the request. The board of adjustment shall have the authority to grant an interpretation or variance to the requirements of this chapter if it determines that a literal enforcement of the regulations will create an unnecessary hardship or practical difficulty in the development of the property, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the intent and purpose of this chapter. The decision of the board of adjustment shall be final.
(Ordinance 1169, sec. 14.612, adopted 11/12/19)
(a) 
Purpose.
Bufferyards shall be required in accordance with this section to:
(1) 
Separate different land uses from each other;
(2) 
To eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas; or
(3) 
To provide spacing to reduce adverse impacts of noise, odor or danger from fire or explosions.
(b) 
Location.
(1) 
Bufferyards shall be located within and along the outer perimeter of the developing lot or boundary line.
(2) 
Bufferyards may overlap drainage and/or utility easements; however, plantings should not impede the flow of water within a drainage easement.
(3) 
Bufferyards shall not be located on any portion of an existing or dedicated public street or right-of-way.
(c) 
Bufferyard requirements.
(1) 
Width.
A minimum width of ten feet (10 ft.) is required between nonresidential and residential development and uses.
(2) 
Landscaping required.
Plantings shall be provided within the bufferyard as follows:
(A) 
One (1) ornamental and/or evergreen tree every 100 feet.
(B) 
Shrubs to create a continuous mature screen planted between trees.
(C) 
Irrigation shall be installed and maintained.
(d) 
Uses of bufferyards.
A bufferyard may be used for passive recreation, such as pedestrian, bike or equestrian trails, provided that no plant material is eliminated and the total width of the bufferyard is maintained.
(Ordinance 1169, sec. 14.613, adopted 11/12/19)
(a) 
Location for street trees.
Street trees shall be located behind the sidewalk except in cases where there is a designated planting strip in the right-of-way, or the sidewalk is greater than eight feet (8 ft.) wide and designed to accept trees in tree wells. Street trees shall include irrigation, root barriers, and generally conform to the standard established by the city.
(b) 
Spacing, placement, and pruning of street trees.
All tree spacing may be made subject to special site conditions, which may, for reasons such as safety, affect the decision. Any such proposed special condition shall be subject to the review and approval of the city manager and/or designee. The placement, spacing, and pruning of street trees shall be as follows:
(1) 
Street trees shall be placed at the rate of one (1) tree for every 50 feet of street frontage; however, they shall not unduly compromise visibility triangles at intersections and nonresidential driveways.
(2) 
Trees shall not be planted closer than 25 feet from the curb line of intersections of streets or alleys, and not closer than ten feet (10 ft.) from private driveways (measured at the back edge of the sidewalk), fire hydrants, or utility poles.
(3) 
Street trees shall not be planted closer than 20 feet to light standards. Except for public safety, no new light standard location shall be positioned closer than ten feet (10 ft.) to any existing street tree, and preferably such locations will be at least 20 feet distant.
(4) 
Trees shall not be planted closer than six feet (6 ft.) from the face of the curb except at intersections where it shall be five feet (5 ft.) from the curb, in a curb return area.
(5) 
Where there are overhead power lines, tree species are to be chosen that will not interfere with those lines.
(6) 
Trees shall not be planted within four feet (4 ft.) of any permanent hard surface paving or walkway. Sidewalk cuts in concrete for trees shall be at least 64 square inches; however, larger cuts are encouraged because they allow additional air and water into the root system and add to the health of the tree. Space between the tree and hard surface may be covered by permeable non-permanent hard surfaces such as grates, bricks on sand, or paver blocks.
(7) 
Trees, as they grow, shall be pruned to provide at least eight feet (8 ft.) of clearance above sidewalks and 15 feet above street roadway surfaces. Responsibility for pruning will fall on the person responsible for maintenance of the land on which the tree is planted.
(8) 
Existing trees may be used as street trees if there will be no damage from the development which will kill or weaken the tree. Sidewalks of variable width and elevation may be utilized to save existing street trees, subject to approval by the city manager and/or designee.
(9) 
Replacement of street trees.
Existing street trees removed by development projects shall be replaced by the developer. The replacement trees shall be of size and species similar to the trees that are approved by the city manager and/or designee.
(Ordinance 1169, sec. 14.614, adopted 11/12/19)
(a) 
Exterior materials.
(1) 
Masonry material will consist of brick, stone, tile, rock, stucco, cement, concrete tilt wall or, if approved by city council, concrete block, or other masonry materials of similar characteristics.
(2) 
In general, unless specifically provided below, the masonry requirements set forth shall be applicable to all residential and nonresidential districts.
(A) 
Residential.
All exterior wall surface of all permanent structures shall consist of 75 percent masonry. Exterior wall surface is the area between the wall corners, extending from the finished floor level of the foundation to the door or window header height of the first floor, whichever is greater. The calculation of the minimum masonry requirements will not include windows, doors, glass construction materials, or sidewalk or walkway covers.
(B) 
Nonresidential.
All exterior wall surface of all permanent structures shall consist of 75 percent masonry. Exterior wall surface is the area between the wall corners, extending from the finished floor level of the foundation to the door or window header height of the top floor, whichever is greater. This requirement shall apply to all of the minimum masonry requirements will not include windows, doors, glass construction materials, or sidewalk or walkway covers.
(C) 
Any enlargement of an existing permanent residential or nonresidential structure shall match percentage of masonry on the adjacent surface of the existing permanent residential or nonresidential structure.
(D) 
Any one-story detached accessory building in single-family and multifamily zoning, used as a tool/storage shed of less than 120 square feet does not require a building permit and will not have to meet the minimum masonry requirement.
(E) 
Any permanent one-story detached accessory building of 120 square feet or less in single-family and multifamily zoning, that is used for storage will not have to meet the minimum masonry requirement, as long as new materials, including factory finished/painted steel and all materials used in residential construction are used in the construction.
(F) 
A permanent accessory building cannot meet or exceed the total square footage of the primary structure/residence, nor have a height exceeding the primary structure/residence.
(G) 
All detached accessory buildings not in a residential zoning district shall meet the minimum masonry requirements.
(H) 
In case of damage of more than 50 percent to a nonconforming structure the owner can apply for a variance of the masonry requirement to the board of adjustment.
(I) 
The minimum roof pitch, as regulated by the adopted building code, is required for buildings and structures that may be exempt from the minimum roof pitch specified herein.
(b) 
Materials for all nonresidential buildings exceeding one thousand two hundred square feet (1,200 sq. ft.).
(1) 
All building facades that are visible from adjoining properties and/or public streets shall be masonry in accordance with this section.
(2) 
Glazing doors, windows and door frames, roof system trim, mansards, and similar visible exterior treatments shall be made of materials which complement construction materials.
(3) 
Accessory buildings shall be constructed of materials that complement the main structure.
(4) 
When rear facades are visible from adjoining properties and/or a public right-of-way, they shall be of a finished quality and consist of colors and materials that blend with the remainder of the building’s primary facades.
(5) 
All surfaces shall be low-reflectance, subtle, neutral or earth-tone colors (such as white, tan, brown and gray). Metallic or fluorescent colors are prohibited.
(c) 
Ground-mounted and rooftop mechanical equipment.
(1) 
All ground-mounted equipment shall be screened from view with masonry construction similar to the primary structure.
(2) 
All roof-mounted equipment including, but not limited to, fans, vents, air conditioning units, cooling towers, and alternative energy systems (installed on a flat roof) shall be screened so as not to be visible at ground level from adjacent properties and/or public rights-of-way.
(A) 
The overall screening height shall be the height of the highest element of roof-mounted equipment.
(B) 
The outside of the screening device, if independent of the building facade, shall be painted or otherwise finished in a similar color to the color of the building facade, trim, or roof surface, whichever color is more effective in minimizing the visibility of the equipment and screen from ground level.
(d) 
Outdoor storage, service and loading areas.
(1) 
Areas for outdoor storage, truck parking, trash collection/compaction, loading and unloading, or other such uses shall not be visible from abutting streets, adjacent non-industrial properties and/or public/private streets.
(A) 
Service areas including, but not limited to, loading docks and truck courts shall be oriented away from the view of any freeway or public streets or adjacent residential zoning district or use unless screened by an 8-foot masonry wall extending the entire length of the service area.
(B) 
Such service areas shall have additional screening along the exterior side of the masonry wall in the form of evergreen landscaping which must be opaque and eight feet (8 ft.) in height within 18 months of planting.
(2) 
Permanent outdoor display, sales and storage.
Merchandise may be stored or displayed for sale to customers in areas contiguous to the front or side of the building. This area shall be enclosed by a minimum 8-foot wall of like appearance to the building or a base of like appearance to the building topped by wrought iron or tubular steel fencing with the minimum total height being eight feet (8 ft.). The masonry base enclosing this area shall be at least three feet (3 ft.) in height.
(3) 
Shopping cart storage.
Shopping carts may be stored outside the front of the building provided there are no more than two (2) cart storage areas (one on each side of the entryway). The cart storage area shall be screened with building materials substantially similar to the building facade.
(e) 
Trash receptacle screening.
(1) 
Trash receptacles shall not be placed between the primary structure and the street and shall not be located within a street yard.
(2) 
Trash receptacles shall be fully screened by an 8-foot screen constructed of like and similar materials to those of the primary structure on three (3) sides and an opaque gate on one (1) side.
(Ordinance 1169, sec. 14.615, adopted 11/12/19)
A home occupation may be conducted in a dwelling unit, provided that it complies with the following:
(1) 
A home occupation shall be permitted only when it is an accessory use to a dwelling unit;
(2) 
A home occupation shall not involve any external structural alteration of the main building;
(3) 
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 20 percent of the total floor area of the dwelling unit shall be used in the conduct of the home occupation;
(4) 
Only one (1) employee other than occupants of the residence may be employed in the home occupation. A person who receives a wage, salary or percentage of the profits directly related to the home occupation shall be considered an employee for the purposes of this section, provided that this definition shall not include the coordination or supervision of employees who do not regularly visit the dwelling for purposes related to the business;
(5) 
No outdoor storage of materials, goods, supplies or equipment shall be allowed;
(6) 
A person who engages in a home occupation shall not place a sign or display on the premises;
(7) 
A home occupation shall not involve more than one (1) patron on the premises at one time;
(8) 
Any outdoor activities associated with a home occupation shall be screened from the neighboring property by a solid fence of at least six feet (6 ft.) in height;
(9) 
A home occupation may include the sale of products on the premises provided that the business has a valid sales tax permit and that compliance is maintained with all other conditions specified herein; and
(10) 
A home occupation shall produce no offensive noise, vibration, smoke, electrical interference, dirt, odors, heat, or solid waste in excess of that normally found in residential areas. No toxic, explosive, flammable, combustible, corrosive, radioactive, or other hazardous materials shall be used or stored on the site for business purposes.
(Ordinance 1169, sec. 14.616, adopted 11/12/19)
(a) 
Purpose.
Certain temporary uses of land are essential to the full development and utilization of the land and are deemed to promote the health, safety and general welfare of the city. Temporary uses and special events are allowed only as enumerated herein.
(b) 
Permitted temporary uses and special events.
The permissible temporary uses and special events, the conditions of use and the zoning districts wherein the uses are permitted are as follows:
(1) 
Temporary outdoor sales are permitted on nonresidential property only for the purposes of the existing occupants of existing businesses. The city manager and/or designee may grant permission for the temporary use upon the application and granting of a temporary use permit.
(2) 
No temporary building, tent or similar structure shall be erected in any required setbacks or designated easements.
(A) 
Tents shall conform to the International Fire Code.
(B) 
No tent or similar structure shall be erected without first obtaining a permit.
(C) 
No temporary building shall be moved on any lot, tract, or parcel of land without first obtaining a permit. No business shall be conducted from temporary building, tent, or similar structure until all inspections have been completed to the satisfaction of the city.
(D) 
No outside use of property for sales will be allowed except by the existing occupants of the property. This includes parking of vehicles for a purpose other than conducting business on the premises.
(E) 
All temporary buildings, tents, or similar structures shall be removed from the property at the end of the permitted period of operation.
(3) 
In no event shall temporary uses be allowed for more than 90 consecutive days or more than once per year for any lot, parcel or tract of land. There will be no extension of the 90 days. All sales shall meet the special conditions, if any, imposed by the city manager and/or designee and/or the fire marshal for the protection of the public interest and the welfare of the community.
(4) 
The temporary outdoor sale of Christmas trees may be permitted on those properties zoned commercial, industrial, mixed use and multifamily use for a period of 40 days prior to Christmas Day.
(A) 
Hours of operation will be from 8:00 a.m. to 10:00 p.m., seven (7) days a week.
(B) 
The city manager and/or designee may issue a permit for such sale when he/she finds that there is available adequate off-street parking area, either improved or unimproved, and that location and layout of drives, parking areas, lighting, and sale signs will not constitute a hazard to public travel on the abutting public streets.
(C) 
The city manager and/or designee shall establish the terms and conditions for the temporary use at the time of approval.
(D) 
In the event that a sponsor is dissatisfied with the decision of the city manager and/or designee, the sponsor may appeal the requested use to the city council.
(E) 
Trees, stands, equipment, trash, signs, lighting and shelters shall be removed by the permit holder no later than January 4th following Christmas.
(5) 
Carnivals, circuses and special fundraising events sponsored by a public entity, civic or nonprofit organization located within the city may be allowed as a temporary use for a period not exceeding seven (7) consecutive days.
(A) 
Except for churches and public or semi-public school-sponsored events on their property, such events shall be on a site containing not less than two (2) acres in a nonresidential zoning district.
(B) 
Except for churches, public or semi-public schools, only one (1) permit for a carnival, circus or special fundraising event shall be issued to the same civic or nonprofit organization within a 180-day period.
(C) 
Adequate parking and sanitary facilities shall be made available to the satisfaction of the city manager and/or designee.
(D) 
The city manager and/or designee shall establish the terms and conditions for the temporary use at the time of approval.
(E) 
In the event that a sponsor is dissatisfied with the decision of the city manager and/or designee, the sponsor may appeal the requested use to the city council.
(6) 
The temporary sale of snow cones may be permitted on properties zoned for nonresidential use, including planned development zoning, for a period from April 1 to September 30.
(A) 
Hours of operation are from 10:00 a.m. to 10:00 p.m.
(B) 
The city manager and/or designee may issue a permit for such sale when it is found that there is available adequate off-street parking area, either improved or unimproved, as determined by the city manager and/or designee, and that location and layout of drives, parking areas, lighting and sale signs will not constitute a hazard to public travel on the abutting public street.
(C) 
All structures, stands, trash, signs, lighting, or anything associated with the temporary use shall be removed at the end of the period of permitted use.
(7) 
The temporary sales of pumpkins may be permitted on properties zoned for nonresidential use, including planned development zoning, for a period of forty (40) days between the months of October and November.
(A) 
Hours of operation are from 8:00 a.m. to 10:00 p.m.
(B) 
The city manager and/or designee shall establish the terms and conditions for the temporary use at the time of approval.
(C) 
In the event that a sponsor is dissatisfied with the decision of the city manager and/or designee, the sponsor may appeal the requested use to the city council.
(D) 
All pumpkins, stands, structures, trash, signs, lighting, or anything associated with the temporary use shall be removed at the end of the period of permitted use.
(c) 
Temporary uses not permitted.
The outdoor sale of furniture, home furnishings, clothes, plants, flowers, pottery, statues, decorative items, paintings, toys, papers or magazines, vehicles, farm and garden equipment, tools, fencing, lumber, building supplies, animals, livestock, or foods and drink, except as may be permitted herein.
(Ordinance 1169, sec. 14.618, adopted 11/12/19)
Any adult or child day-care facility must comply with federal, state and local regulations. Refer to article 14.03, Definitions.
(Ordinance 1169, sec. 14.619, adopted 11/12/19)
(a) 
Purpose.
The purpose of this section is to:
(1) 
Establish regulations for the siting of towers and antennas;
(2) 
Minimize the total number of towers throughout the community;
(3) 
Encourage the joint use of new and existing tower sites;
(4) 
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(5) 
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas;
(6) 
Encourage using existing facilities as primary option sites for new antennas; and
(7) 
Enhance the ability of the providers of telecommunications services to provide services to the community quickly, effectively, and efficiently.
(b) 
Definitions.
As used in this section:
Antenna.
Any exterior apparatus designed for telephonic, radio, or television communications through the sending or receiving or electromagnetic waves.
City council.
The city council of the city.
FAA.
The Federal Aviation Administration.
FCC.
The Federal Communications Commission.
Height.
When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if the highest point is an antenna.
Monopole.
A support structure for an antenna composed of a single spire; guide [guy] wires shall not be permitted upon such structures.
Tower.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers and similar structures.
(c) 
Applicability.
(1) 
Generally.
The requirements of this section govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for the zoning district in which the tower or antenna is to be located.
(2) 
Exemptions.
Except for the requirements below, this section does not apply to:
(A) 
Antennas or towers located on property owned, leased, or otherwise controlled by the city; provided, a license or lease authorizing the antenna or tower has been approved by the city council;
(B) 
Amateur radio and TV antennas, including ham radio and CBs; however, commercial use shall not be permitted, and the height of the antenna shall not be more than 10 feet higher than the building it is attached to;
(C) 
A tower or antenna for which a permit has been properly issued prior to the effective date of this section, which is referred to in this section as a “preexisting tower” or “preexisting antenna.”
(d) 
Site plan.
(1) 
Requirement.
An approval for constructing any telecommunications tower or antenna shall require submission of a site plan to the city council.
(2) 
Factors considered in approving site plan.
In addition to the factors listed herein the city council shall consider the following factors in determining whether to approve a site plan:
(A) 
Height of the proposed tower;
(B) 
Capability of the tower to structurally accommodate the number of shared users proposed by the applicant as certified by a licensed professional engineer;
(C) 
Proximity of the tower to residential structures and residential district boundaries;
(D) 
Nature of uses on adjacent and nearby properties;
(E) 
Surrounding topography;
(F) 
Surrounding tree coverage and foliage;
(G) 
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(H) 
Proposed ingress and egress;
(I) 
Availability of suitable existing towers and other structures as discussed in the regulations herein, and
(J) 
Compliance with this section and other applicable ordinances of the city.
When approving a site plan, the city council may impose conditions to the extent the city council concludes that conditions are necessary to minimize any adverse effects of the proposed tower antenna or adjoining properties. The city council may also waive or reduce the burden on the applicant of one or more of these criteria if the city council concludes that the purposes of this section are better served thereby.
(3) 
Written report upon denial of site plan.
The city shall document in writing any denial of a site plan to place, construct, or modify personal wireless service facilities, stating the reason for denial and including substantial evidence that supports the denial.
(e) 
Requirements for the installation of towers and antennas.
(1) 
Availability of suitable existing towers or other structures.
No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city council that no existing tower or structure can accommodate the applicant’s proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant’s proposed antenna may consist of any of the following:
(A) 
No existing towers or structures are located within the geographic area required to meet applicant’s engineering requirements.
(B) 
Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.
(C) 
Existing towers or structures do not have sufficient structural strength to support the applicant’s proposed antenna and related equipment.
(D) 
The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause electromagnetic interference with the applicant’s proposed antenna.
(E) 
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(F) 
Other limiting factors that render existing towers and structures unsuitable.
(2) 
Setbacks and separation.
The following setbacks and separation requirements shall apply to all towers:
(A) 
Towers must be set back a distance equal to the height of the tower from any off-site residential structure.
(B) 
Towers, guys, and accessway facilities must satisfy the minimum zoning district setback requirements.
(C) 
Towers over 90 feet in height shall not be located within one-quarter of a mile (1/4 mile) from any existing tower that is also over 90 feet in height. Distances shall be measured in a straight line between the nearest points on the bases of the towers.
(D) 
Only one (1) tower shall be permitted upon each platted lot.
The city council may reduce the setbacks and separation requirements if the purposes of this section would be better served thereby.
(3) 
Height restrictions.
A tower must meet the following height and usage criteria:
(A) 
For a single user, a tower may be no higher than 90 feet in height;
(B) 
For two (2) users, a tower may be no higher than 120 feet in height; and
(C) 
For three (3) or more users, a tower may be no higher than 150 feet in height.
(4) 
Security fencing.
Towers shall be enclosed by security fencing not less than six feet (6 ft.) in height and shall also be equipped with an appropriate anti-climbing device.
(5) 
Landscaping.
The following requirements shall govern the landscaping surrounding towers:
(A) 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four feet (4 ft.) wide outside the perimeter of the compound.
(B) 
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
(C) 
Existing mature tree growth and natural land forms on the site shall be presented to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.
(6) 
Visual characteristics.
(A) 
Towers shall be maintained with either a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.
(B) 
At a tower site, the design of the buildings [and] related structures shall, to the extent possible, be maintained with materials, color, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.
(C) 
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.
(D) 
Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the city may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
(E) 
Advertisement signs, flags, and banners shall be prohibited from towers.
(7) 
Federal requirements.
All towers must meet or exceed current standards and regulations of the FM [FAA], the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If applicable federal standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring the towers and antennas into compliance with the revised standards and regulations within six months of the effective date of the standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
(8) 
Building codes and safety standards.
To ensure the structural integrity of towers, the owner of a tower shall construct and maintain the tower in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electric Industries Association, as amended from time to time. If upon inspection the city concludes that a tower fails to comply with those codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the tower into compliance with the standards. If the owner fails to bring the tower into compliance within 30 days, the city may remove the tower at the owner’s expense.
(f) 
Removal of abandoned antennas and towers.
(1) 
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned.
(2) 
The owner of the antenna or tower shall remove it within 90 days of receipt of notice from the city notifying the owner of the abandonment.
(3) 
If the antenna or tower is not removed within the 90 days, the city may remove the antenna or tower at the owner’s expense.
(4) 
If there are two (2) or more users of a single tower, then this provision shall become effective when all users cease using the tower.
(Ordinance 1169, sec. 14.620, adopted 11/12/19)
(a) 
Alternative energy systems, including wind, solar, and geothermal, may be used where allowed within a zoning district, provided that they also comply with the following conditions.
(b) 
Wind energy systems.
(1) 
General regulations.
The following general regulations apply to all wind energy systems located within an approved district.
(A) 
Utility grid wind energy systems are prohibited within the city.
(B) 
Primary structure required on lot.
A wind energy system may be erected on a lot only after a primary structure has been constructed on the lot.
(C) 
Vertical or tower system.
(i) 
Maximum height.
The maximum height shall be the height at the highest point of the tower or structure of the system including the height of any blades when attached thereto. The maximum height shall not exceed the maximum building height allowed within the zoning district plus five (5) feet, or as permitted by a conditional use permit. Additionally, no tower height shall exceed the tower height recommended by the manufacturer or the distributor of the wind energy system. Any tower that exceeds 100 feet in height must obtain a letter of no objection from the commanding officer of the NAS Fort Worth JRB.
(ii) 
Location and setbacks.
No wind energy system shall be allowed in or extend into any front yard. The wind energy system may be no closer to the side and rear property line than a distance equal to the allowed maximum height of the system.
(D) 
Horizontal or building system.
(i) 
Maximum height.
The maximum height shall be the height at the highest point of the structure of the system including the height of any blades or encasement when attached thereto. The maximum height of the structure and the attached system shall not exceed the maximum building height allowed within the zoning district plus five feet (5 ft.), or as permitted by a conditional use permit.
(ii) 
Location and setbacks.
The wind energy system shall be wholly attached to a permitted structure and shall not extend beyond the structure into any required setbacks.
(E) 
Signs.
No advertising or other signs shall be allowed on a wind energy system.
(F) 
Building permit required.
A building permit must be obtained prior to the construction or installation of a wind energy system. A complete application includes:
(i) 
The appropriate permit fee as established in the city’s fee schedule and submitted once the application for the building permit has been approved.
(ii) 
A survey and legal description of the property on which the proposed wind energy system will be installed.
(iii) 
A plan view layout of the proposed wind energy system at a scale of one inch equals thirty feet (1 in. = 30 ft.) or larger on a single sheet not exceeding twenty-four inches by thirty-six inches (24 in. by 36 in.) clearly showing:
a. 
North arrow and scale;
b. 
Orientation and dimension of all property lines;
c. 
Location of all existing structures on the site;
d. 
Location of all components of the system in respect to the structure and/or property on which the system will be built;
e. 
Distance from the system to all property lines and easements;
f. 
Required setbacks for the structures and the system;
g. 
Maximum reach of any blade in any position;
h. 
Identification of adjoining property;
i. 
Adjacent land uses and zoning designations; and
j. 
Natural features such as watercourses and trees.
(iv) 
Elevation drawings of the proposed wind energy system drawn to scale clearly showing:
a. 
Elevation of the system structure and/or elevation of the structure on which the system will be installed with the highest point of the structure dimensioned;
b. 
Dimension the maximum height of system;
c. 
Detailed drawings of all system components.
(v) 
Standard details.
Standard installation drawings of the system including the wind turbine structure, tower, base, footings, fasteners, bracing and/or guy wires, as applicable.
(vi) 
Electrical plan required.
Building permit applications for wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the city adopted version of the National Electrical Code.
(vii) 
Certification by engineer.
The application shall include standard details, engineer analysis of the system, and certification by a professional engineer (engineer’s seal) demonstrating compliance of the system with the city’s building code (International Building Code) in effect at the time of construction. An engineering analysis shall be provided and certified by a registered professional engineer in the State of Texas. This analysis is frequently supplied by the manufacturer. Wet stamps shall not be required.
(viii) 
Evidence of notice to the city’s franchised electric utility for transmission and distribution, informing the electric utility of the customer’s intent to install a grid-connected customer-owned wind energy system and that the customer’s system meets the utility’s approved specifications for interconnection.
(2) 
Construction standards.
A wind energy system must be installed according to the manufacturer’s recommendations and under the seal of a professional engineer registered in the State of Texas. All components of a wind energy system shall comply with applicable state and Lake Worth building codes.
(A) 
Sound pressure levels.
Sound pressure levels shall not exceed fifty decibels (50 dB(A)) between the hours of 7:00 a.m. and 10:00 p.m. and 35 decibels (35 dB(A)) between the hours of 10:00 p.m. and 7:00 a.m. as measured from the property line closest to the wind energy system.
(B) 
Lights.
All lighting not required by the Federal Aviation Administration (FAA) is prohibited. When obstruction lighting is required by the FAA, such lighting shall not exceed the minimum requirements of said agency. Upward lighting, floodlights or other lighting not strictly required by the FAA is prohibited.
(C) 
Building codes/safety standards.
To ensure the structural integrity of a wind energy system, the owner of such system must maintain the system in compliance with all provisions of the city’s building code and zoning regulations. If, upon inspection, the city concludes that a wind energy system fails to comply with such codes and regulations and/or constitutes a danger to persons or property, then upon written notice to the owner of the wind energy system, the owner shall have 30 calendar days to bring such system into compliance with applicable standards. Failure to bring such system into compliance shall constitute grounds for the removal of the wind energy system at the owner’s expense. This notice requirement shall not preclude immediate action by the city manager and/or designee as allowed by law if public safety requires such action.
(D) 
Compliance with state and federal requirements.
All wind energy systems must meet or exceed current standards and regulations of the FAA and any other agency of the state or federal government with the authority to regulate wind energy systems at the date of permitting. If such standards and regulations are changed, and if the controlling state or federal agency mandates compliance, then the owners of the wind energy system governed by this chapter shall bring such wind energy system into compliance with the revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency.
(E) 
Maintenance.
A wind energy system shall be maintained at all times, including, but not limited to, painting and maintaining structural integrity.
(F) 
Upgrades and/or modifications to an existing system.
Any upgrades, modifications or changes that materially alter the size or placement of an existing wind energy system shall comply with the provisions of this section.
(G) 
Removal of unsafe wind energy system.
Wind energy systems that have, due to damage, lack of repair, or other circumstances, become unstable, lean significantly out-of-plumb, or pose a danger of collapse shall be removed or brought into repair within 60 days following notice given by the city manager and/or designee. If the wind energy system is not made safe or removed within 60 days of notification from the city, the city may remove the wind energy system and place a lien upon the property for the costs of the removal. The city manager and/or designee may order immediate action to prevent an imminent threat to public safety or property.
(H) 
Abandonment.
(i) 
At such time as an owner plans to abandon or discontinue, or is required to discontinue, the operation of a wind energy system, such owner must notify the city by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations.
(ii) 
In the event that an owner fails to give such notice, the wind energy system shall be considered abandoned if the wind energy system is not operated for a continuous period of 12 months, unless the owner of said wind energy system provides proof of continued maintenance on a quarterly basis.
(iii) 
Upon abandonment or discontinuation of use, the person who constructed the wind energy system or the person who operated the wind energy system or the property owner shall physically remove the wind energy system within 90 days from the date of abandonment or discontinuation of use. “Physically remove” shall include, but not be limited to:
a. 
Removal of the tower, turbine and all other components of the wind energy system;
b. 
Transportation of the tower, turbine and all other components of the wind energy system to an appropriate disposal site.
(iv) 
The owner of the wind energy system shall be responsible for all site reclamation including costs deemed necessary and reasonable to return the site to its pre-construction condition.
(v) 
If a party as stated in subsection (G) above herein fails to remove a wind energy system in accordance with this section, the city shall have the authority to enter the subject property and physically remove the wind energy system. Costs for the removal of the wind energy system shall be charged to the landowner of record in the event the city must remove the wind energy system, and the city may place a lien on the property for such costs of removal.
(vi) 
Failure to remove an abandoned wind energy system as required by this section shall constitute a violation and be subject to the penalties prescribed herein.
(c) 
Solar energy systems.
(1) 
General regulations.
The following general regulations apply to solar energy systems located within an approved district.
(A) 
Primary structure required on lot.
A solar energy system may be erected on a lot only after a primary structure has been constructed on the lot.
(B) 
Ground-mounted systems.
(i) 
Height.
The height of system shall not exceed eight feet (8 ft.) above the existing grade at the location of the installed system.
(ii) 
Placement.
a. 
Front yard.
No system shall be located forward of the primary structure on the lot or within the front yard setback.
b. 
Side and rear yard.
No system shall be located less than ten feet (10 ft.) from any side or rear property line.
(C) 
Roof-mounted systems.
(i) 
Height.
a. 
Front and side.
System shall be installed parallel to the roof of the structure with no greater than six inches (6 in) clearance between the bottom of the panel and the roof material.
b. 
Rear.
System may be installed with no greater than 12 inches clearance between the bottom of the panel and the roof material and may be angled to increase efficiency.
(ii) 
Placement.
a. 
Flat roof.
No portion of the system shall extend beyond the roof edges and shall be screened in accordance with the screening from view of a public street.
b. 
Pitched roof.
No portion of the system shall extend beyond or above the roof ridge or edges.
(D) 
Any solar energy system that exceeds 1,000 square feet in surface area must apply for a conditional use permit and obtain a letter of “no objection” from the commanding officer of the NAS Fort Worth JRB.
(E) 
Building permit required.
A building permit must be obtained prior to the construction or installation of a wind energy system. A complete application includes:
(i) 
The appropriate permit fee as established in the city’s fee schedule and submitted once the application for the building permit has been approved.
(ii) 
A survey and legal description of the property on which the proposed solar energy system will be installed.
(iii) 
A plan view layout of the proposed solar energy system at a scale of one inch equals thirty feet (1 in. = 30 ft.) or larger on a single sheet not exceeding twenty-four inches by thirty-six inches (24 in. by 36 in.) clearly showing:
a. 
North arrow and scale;
b. 
Orientation and dimension of all property lines;
c. 
Location of all existing structures on the site;
d. 
Location of all components of solar energy system in respect to the structure and/or property on which the system will be built;
e. 
Distance from the system to all property lines and easements;
f. 
Required setbacks for the structures and system;
g. 
Identification of adjoining property;
h. 
Adjacent land uses and zoning designations; and
i. 
Natural features such as watercourses and trees.
(iv) 
Elevation drawings of the proposed solar energy system drawn to scale clearly showing:
a. 
Elevation of the system and/or elevation of the structure on which the system will be installed with the highest point of the structure dimensioned;
b. 
Dimension the maximum height of system;
c. 
Dimension the clearance(s) of a roof mounted system between the bottom of the panel and the roof material; and
d. 
Detailed drawings of all system components.
(v) 
Electrical plan required.
A line drawing of the electrical components of the solar energy system in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.
(vi) 
Standard details.
Standard installation drawings of the solar energy system and its structure, including a copy of the manufacturing specifications demonstrating compliance of the system with the city’s building code (International Building Code) in effect at the time of construction.
(vii) 
Certification by engineer.
The application shall include a standard drawing and engineer analysis by professional engineer (engineer seal) providing certification of the roof structure. If the proposed installation causes the roof load to exceed the requirements of the International Residential Code or International Building Code, an engineered design is required.
(2) 
Construction standards.
Any solar energy system must be installed according to the manufacturer’s recommendations and under the seal of a professional engineer registered in the State of Texas. All components of a solar energy system shall comply with applicable state and Lake Worth building codes.
(A) 
Upgrades and/or modifications to an existing system.
Any upgrades, modifications or changes that materially alter the size or placement of an existing solar energy system shall comply with the provisions of this section.
(B) 
Abandoned.
If a solar energy system (ground- or roof-mounted) has been abandoned meaning not in operation for a period of six (6) months or is defective or is deemed to be unsafe by the city manager and/or designee, the solar energy system shall be required to be repaired by the owner to meet federal, state and local safety standards, or be removed by the property owner within the time period allowed by the city manager and/or designee. If the owner fails to remove or repair the defective or abandoned solar energy system, the city may pursue legal action to [have] the system removed at the owner’s expense.
(C) 
Compliance with state and federal requirements.
All solar energy systems must meet or exceed current standards and regulations of any other agency of the state or federal government with the authority to regulate solar energy systems at the date of permitting. If such standards and regulations are changed, and if the controlling state or federal agency mandates compliance, then the owners of the solar energy system governed by this chapter shall bring such solar energy system into compliance with the revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency.
(d) 
Geothermal heat pump systems.
(1) 
General regulations.
The following general regulations apply to all geothermal heat pump systems located within an approved district.
(A) 
Open-loop systems shall be prohibited.
(B) 
Placement.
No portion of a closed-loop system may be constructed within five feet (5 ft.) of a property line or within a dedicated easement without obtaining written permission from the city and/or all franchised utilities.
(C) 
Building permit required.
A building permit must be obtained prior to the construction or installation of a closed-loop geothermal heat pump system. A complete application includes:
(i) 
The appropriate permit fee as established in the city’s fee schedule and submitted once the application for the building permit has been approved.
(ii) 
A survey and legal description of the property on which the proposed system will be installed.
(iii) 
A plan view layout of the proposed system at a scale of one inch equals thirty feet (1 in. = 30 ft.) or larger on a single sheet not exceeding twenty-four inches by thirty-six inches (24 in. by 36 in.) clearly showing:
a. 
North arrow and scale;
b. 
Orientation and dimension of all property lines;
c. 
Location of all existing structures on the site;
d. 
Location of all components of system in respect to the primary structure and/or property on which the system will be built;
e. 
Distance from the system to all property lines and easements;
f. 
Required setbacks for the structures and the system;
g. 
Identification of adjoining property;
h. 
Adjacent land uses and zoning designations; and
i. 
Natural features such as soils, watercourses and trees.
(iv) 
Electrical plan required.
A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the city’s adopted version of the National Electrical Code.
(v) 
Standard details.
Standard installation drawings of the closed loop geothermal installation, including a copy of the manufacturing specifications demonstrating compliance of the system with the city’s building code (International Building Code) in effect at the time of construction.
(2) 
Construction standards.
Any closed-loop geothermal heat pump system must be installed according to the manufacturer’s recommendations and under the seal of a professional engineer registered in the State of Texas. All components of a closed-loop geothermal heat pump system shall comply with applicable state and Lake Worth building codes.
(A) 
All closed-loop geothermal heat pump systems must be constructed in accordance with all applicable state regulations, including regulations of the Texas Department of Licensing and Regulation for water well drillers.
(B) 
Compliance with state and federal requirements.
All geothermal energy systems must meet or exceed current standards and regulations of any other agency of the state or federal government with the authority to regulate geothermal energy systems at the date of permitting. If such standards and regulations are changed, and if the controlling state or federal agency mandates compliance, then the owners of the geothermal energy system governed by this chapter shall bring such geothermal energy system into compliance with the revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency.
(C) 
Upgrades and/or modifications to an existing system.
Any upgrades, modifications or changes that materially alter the size or placement of an existing closed-loop geothermal heat pump system shall comply with the provisions of this section.
(D) 
Abandoned.
If a closed-loop geothermal heat pump system has been abandoned meaning not in operation for a period of six (6) months or is defective or is deemed to be unsafe by the city manager and/or designee, the closed-loop geothermal heat pump system shall be required to be repaired by the owner to meet federal, state and local safety standards, or be removed by the property owner within the time period allowed by the city manager and/or designee in accordance with federal, state and local regulations. If the owner fails to remove or repair the defective or abandoned closed-loop geothermal heat pump system, the city may pursue legal action to [have] the system removed at the owner’s expense.
(Ordinance 1169, sec. 14.621, adopted 11/12/19)