(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.
(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)
(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.
(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:
(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.
(2)
Sixty-degree spaces (60º):
(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
1:3 Enrollment
|
4 min. at drop-off/pickup
| ||
|
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.
(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)
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.
(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.
(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:
(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.
(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.
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(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)
An amusement arcade/center (indoors) requiring an approved conditional use permit shall comply with article 4.11 of the city Code of Ordinances, as amended.
(Ordinance 1169, sec. 14.617, 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)
Antenna.
City council.
FAA.
FCC.
Height.
Monopole.
Tower.
Definitions.
As used in this section:
Any exterior apparatus designed for telephonic, radio, or
television communications through the sending or receiving or electromagnetic
waves.
The city council of the city.
The Federal Aviation Administration.
The Federal Communications Commission.
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.
A support structure for an antenna composed of a single spire;
guide [guy] wires shall not be permitted upon such structures.
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.
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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.
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(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.
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The city council may reduce the setbacks and separation requirements
if the purposes of this section would be better served thereby.
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(3)
Height restrictions.
A tower must meet the following
height and usage criteria:
(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:
(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:
(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.
(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.
(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)
