1.
Meanings
and Intent.
All provisions, terms, phrases and expressions
contained in this Zoning Ordinance shall be construed in accordance
with the Ordinance’s stated purposes.
2.
Text.
In case of any difference of meaning or implication between
the text of this Zoning Ordinance and any drawing, figure or illustration,
the text shall control.
3.
Computation
of Time.
The time period within which an act is to be
carried out shall be computed by excluding the first day and including
the last day. If the last day is a Saturday, Sunday or a legal holiday,
that day shall be excluded. Time-related words shall have the meanings
ascribed below:
4.
Delegation
of Authority.
Whenever a provision appears requiring
a department head or some other officer or employee to perform an
act or duty, it shall be construed as authorizing that department
head or other officer to delegate responsibility for performing the
required act to other city employees, unless the provision specifies
otherwise.
5.
Technical
and Nontechnical Words.
Words and phrases shall be construed
according to the common and approved usage of the language, but technical
words and phrases that may have acquired a specific meaning in law
shall be construed and understood according to such meaning.
6.
Public
Officials, Bodies and Agencies.
All public officials,
bodies and agencies to which reference is made are those of the City
of Littlefield, Texas, unless otherwise indicated.
7.
Mandatory
and Discretionary Terms.
The word “shall”
is always mandatory. The word “may” is permissive.
8.
Conjunctions.
Unless the context clearly indicates the contrary, conjunctions
shall be interpreted as follows:
9.
Tense,
Numbers and Gender.
[sic]
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
2.
Fence
Height.
At every point along the run of a fence, the
average distance between the top of the fence and the immediately
adjacent ground surface on the two sides of the fence.
3.
Floor
Area.
a.
The floor
area (or gross floor area) of a building is the sum of the gross horizontal
areas of the several floors of the building, measured from the exterior
faces of the exterior walls or from the centerline of walls separating
two adjacent buildings on separate lots. In particular, the floor
area of a building shall include basement space, elevator shafts and
stairwells at each floor; floor space used for mechanical equipment;
penthouses, attic space (whether or not a floor has actually been
laid) providing structural headroom of 7 feet, 6 inches or more; interior
balconies and mezzanines; enclosed porches; and accessory uses.
b.
Floor
area for the purpose of computing off-street parking requirements
for various retail trade activities shall mean the gross floor area
used or intended to be used for service to the public as customers,
patrons, clients or patients, including areas occupied by fixtures
and equipment used for display or sale of merchandise. It shall not
mean floors or parts of floors used principally for non-public purposes,
such as the storage, incidental repair, processing or packaging of
merchandise, for show windows, or for offices incidental to management
or maintenance. Fitting rooms, dressing rooms and alteration rooms
shall also be excluded from the definition of floor area for the purpose
of computing off-street parking requirements for various retail trade
activities.
c.
The floor
area ratio of a building is the gross floor area of the building divided
by the total area of the lot on which it is constructed or proposed.
4.
Height.
The height of a building or portion of a building shall be measured
from the average established grade at the street lot line or from
the average natural ground level, if higher or where no street grade
has been established, to the following point:
a.
Flat
Roof - the highest point of the surface of the roof;
b.
Mansard
Roof - to the roof deck line;
c.
Hip or
Gable Roof - to the mean height between eaves and ridge.
d.
[Reserved]
e.
The following
structures shall be excluded when measuring the height of a building:
chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water
towers, radio or television towers, satellite dish antennas, ornamental
cupolas, domes or spires, and parapet walls not exceeding four feet
in height.
5.
Lot Area.
The total horizontal area within the lines of a lot.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
a.
Front
Lot Line.
For an interior lot or through lot, a front
lot line is the street line. On a corner lot, the front lot line shall
be any street line on which an immediate adjoining lot has a front
boundary. A single lot may be required to have multiple front lot
lines, for the purpose of this Zoning Ordinance. For one lot occupying
an entire city block, the front lot line shall at a minimum include
any boundary of that block which aligns with and/or lies across a
street from any boundary of an adjoining block on which there are
front lot lines.
b.
Rear Lot
Line.
Any lot line that is parallel to the front lot
line or within 45 degrees of being parallel to the front lot line.
A rear lot line shall also include any lot lines on an offset to a
through lot that constitute the rear lot line of an adjacent lot.
c.
Side Lot
Line.
A side lot line is any lot line which is not a
front lot line or a rear lot line.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
1.
Seats.
The seating capacity of a particular building. In the event
individual seats are not provided, each 20 inches of benches or similar
seating accommodations shall be considered as one seat for the purpose
of this Zoning Ordinance.
2.
Story.
a.
That
portion of a building included between the upper surface of any floor
and the upper surface of the floor immediately above, except that
the topmost story shall be that portion of a building included between
the upper surface of the topmost floor and the ceiling or roof above.
b.
If the
finished floor level directly above a basement is more than 6 feet
above the level of the immediately adjacent ground surface, such basement
shall be considered a story.
c.
A floor
level having a height of not more than 7 feet 6 inches covering a
floor area of not more than 75 percent of the area of the floor of
the story below is considered a half-story.
3.
Yard Exceptions.
Every part of any required yard shall be open and unobstructed,
except for the following:
a.
Ordinary
projection of windowsills, belt courses and other ornamental features
projecting a distance not to exceed 12 inches.
b.
Projection
of chimneys and flues for a distance not to exceed 3-1/2 feet into
required front and rear yards.
c.
Eaves
and awnings on main residential buildings which project a distance
of no more than two feet into required yards.
d.
Open
or lattice-enclosed fire escapes and fireproof outside stairs, as
well as balconies opening onto them, which may project into required
rear yards a distance not to exceed 3-1/2 feet.
e.
Open
carports allowed to extend into required front and side yards as set
forth in Section 15.10[.]
f.
Open
and unenclosed porches covered by a roof (but being unencumbered by
walls, glazing or rigid screening of any kind) may project into required
front or rear yards for a distance not to exceed 6 feet, provided
that no supporting structure for such extensions shall be located
within the required front or rear yard.
g.
Uncovered
porches, decks and platforms that do not extend more than three feet
above ground level may project into required rear yards and into required
side yards, so long as such projections do not extend within less
than two feet of any side lot line.
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Detached accessory buildings may be built in required side and
rear yards.
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An attached garage shall be considered an integral part of the
principal building, and all required minimum yards shall be maintained
from the outside corners of said garage. A detached garage or other
accessory structure shall meet the requirements for accessory buildings.
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(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
Except as specifically provided elsewhere in this Zoning Ordinance,
dwelling height and building density shall be not more than, and yards
and lot size shall not be less than are specified in the Table below
for the type of use in the district in which such use is located.
1.
Residential
District Regulations.
Development in residential districts
shall conform to the following regulations[:]
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|
Development Standard
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|---|---|---|---|---|---|
|
|
SF-1
|
SF-2
|
MF
|
MH-1
|
MH-2
|
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Minimum Lot Area (sq. ft.)
|
|
|
|
|
|
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Single-Family Unit
|
7,500
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6,600
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9,000
|
|
|
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Two-Family Unit (duplex)
|
|
7,500
|
|
|
|
|
Garden Home Unit
|
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5,500
|
|
|
|
|
Multifamily Project
|
|
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7,000
|
|
|
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Manufactured Home
|
|
|
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5,000
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8 per acre
|
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Minimum Lot Dimensions (feet in width x feet in
depth)
|
|
|
|
|
|
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Single-Family Unit
|
75 x 100
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60 x 110
|
|
|
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Two-Family Unit (duplex)
|
|
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75 x 100
|
|
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Garden Home Unit
|
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55 x 100
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90 x 100
|
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Multifamily Project
|
|
|
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|
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Manufactured Home
|
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55 x 1001
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50 x 100
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Section 15.25
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Minimum Front Yard (feet)
|
20
|
20
|
20
|
15
|
Section 15.25
|
|
Garden Homes Note (2)
|
|
|
See Note 2
|
|
|
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Minimum Side Yard (feet)
|
|
|
|
|
|
|
One Side Yard (minimum)
|
5
|
5
|
10
|
5
|
Section 15.25
|
|
The Other Side Yard (minimum)
|
5
|
5
|
10
|
5
|
|
|
Corner Lot - Side Yard to Street (see note 5)
|
15
|
10
|
10
|
10
|
|
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Minimum Rear Yard (feet)
|
20
|
20
|
10
|
10
|
|
|
Garden Homes Note 4
|
|
|
See Note 4
|
|
|
|
Maximum Floor Area Ratio
|
.20
|
.40
|
.60
|
.60
|
Section 15.25
|
|
Maximum Height (feet)
|
35
|
35
|
35
|
35
|
|
|
Maximum Stories
|
2-1/2
|
2-1/2
|
2-1/2
|
2-1/2
|
|
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1 Allowed only south of Loop 430.
| |
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NOTES:
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(1)
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Additional lot area may be required in circumstances where disposal
of septic wastewater will be discharged through on-site waste treatment
facilities (including septic systems) in order to meet the requirements
of the City’s Code of Ordinances or state regulations.
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(2)
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Single-family and two-family units require a minimum 20-foot
front yard; multifamily residential structures require a minimum 20-foot
front yard; zero lot line and garden home units require a minimum
15-foot front yard, except on arterial streets, where the minimum
front yard shall be 20 feet.
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(3)
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Single-family and two-family units generally require a minimum
5-foot side yard on both sides; multifamily dwelling units or group
homes require a minimum 10-foot side yard on both sides;
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(4)
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Single-family units and two-family units require a minimum 20-foot
rear yard; zero lot line garden home units require a minimum 15-foot
rear yard. Multifamily residential structures require a minimum 20-foot
rear yard.
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(5)
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In all residential zones, on corner lots the minimum side yard
adjacent to the street shall be ten (10) feet. Provided further, that
in no case, shall a garage fronting onto a street be within twenty
(20) feet of the front of the curb.
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(6)
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Yard Requirements along District Boundaries. Whenever a block
face is intersected by a district boundary, all lots fronting on that
block face shall conform to the minimum front yard requirements of
the most restrictive district found on that block face.
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(7)
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(8)
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Yard Determination by City Manager. Where a lot does not conform
to typical lot and block configuration, the City Manager shall determine
which lot lines shall be considered front, side and rear lot lines.
In making this determination, the City Manager shall take into consideration
the pattern of adjacent lots, as well as the frontage of lots across
an intervening street. Building orientation or address shall not determine
yard requirements.
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(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
Development of a zero lot line dwelling shall occur only in
the SF-2 District on a lot that has been specifically platted in accordance
with the provisions of the Littlefield Subdivision Ordinance to accommodate
such a use.
Zero Lot Line or Garden Homes are intended to provide opportunities
for medium density residential development using the garden home,
and zero lot line concepts to incorporate (1) more efficient use of
land than typical single-family development, making needed housing
more affordable; (2) design of dwellings that integrate and relate
internal/external living areas resulting in more pleasant and enjoyable
housing; and (3) placement of dwellings against the property line,
permitting outdoor space to be grouped and utilized to its maximum
benefit. Regardless of any provisions in this ordinance to the contrary,
garden homes shall comply with the following:
Zero lot lines are those lines situated so that one side wall
or roof line of a structure can be located on the side lot boundary
without any setback required[.]
Only one Zero Lot Line home will be allowed per lot.
Minimum lot size for Garden Homes in the SF-2 District shall
be 5,500 square feet.
The minimum front yard shall be fifteen feet with the front
of the garage being set back twenty (20) feet.
The minimum rear yard shall be five (5) feet for a single-story
structure and fifteen (15) for any two-story structure.
There shall be at least ten (10) feet of separation between
structures. Five (5) feet of the lot adjacent to the zero setback
will be deducted as an access easement for construction and repair
of the adjacent zero setback structure. The roof line of any structure
will be allowed to overhang the access easement of the adjacent property.
The combined lot coverage of all structures shall not exceed
sixty-five percent of the lot area. Trellises and open porches shall
not be included in the combined area.
No structure shall exceed two stories or thirty-five (35) feet
in height.
No doors or windows shall be located on any wall located on
a Zero Lot Line, except that windows shall be allowed on a Zero Lot
Line adjacent to a street.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
Where on the effective date of this ordinance 35% or more of
a block face between intersecting streets is developed with buildings
which have observed, with a variation of five feet or less, a front
yard greater or lesser than required by this Section, new buildings
shall not be erected closer to the street right-of-way than the building
line so established by those existing buildings. This regulation shall
not be interpreted as requiring a minimum front yard of more than
50 feet.
For all uses in residential districts and for residential uses
in any district, on a corner lot where another lot abutting the rear
of that corner fronts onto a side street, there shall be a front yard
required on all street side boundaries of that corner lot. The minimum
front yard required along street side boundaries (of such corner lots)
shall be equal to that minimally required on the interior lot which
immediately adjoins each respective required front yard on the corner
lot. For the purpose of this subsection, any separation by an alley,
utility-owned right-of-way, watercourse or other drainage feature
with a minimum width of 10 feet shall cause nearby lots to not be
abutting.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
A Bed and Breakfast may be allowed as a Specific Use in residential
zoning districts where transient lodging is not ordinarily allowed,
subject to the following standards:
a.
The operator
of the Bed and Breakfast is a full-time resident of the dwelling in
which the Bed and Breakfast establishment is housed.
b.
No more
than one person who is not a full-time resident of the dwelling shall
be employed by the Bed and Breakfast establishment.
c.
A minimum
of two off-street parking spaces, plus one additional space per guest
room, shall be provided on the same lot or tract of land as the Bed
and Breakfast establishment.
d.
A maximum
of four guest rooms shall be provided in any one Bed and Breakfast
establishment.
e.
No exterior
evidence of the Bed and Breakfast shall be allowed, except for one
attached sign no larger than twelve square feet.
f.
No food
preparation, except beverages, is allowed within individual guest
rooms. Meal service shall be provided to overnight guests only.
g.
Preparation
and service of food for guests shall conform to all applicable regulations
of the State of Texas and the City of Littlefield.
h.
The resident
operator shall keep a current guest register including names, permanent
addresses, dates of occupancy and motor vehicle license numbers for
all guests.
i.
In approving
a special use allowing any Bed and Breakfast in SF-1 zoning district,
City Council shall make a finding that the subject site shall be located
in a transitional area. For the purpose of this paragraph, a transitional
area shall be:
i.
An area
situated between land uses of different intensity and compatibility,
and which is impacted by its proximity to one or more such uses; or
ii.
An
area situated on the boundary of a residential district adjacent to
a more intensive zoning classification; or
iii.
An
area situated adjacent to an arterial street.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
The care of not more than 6 children under the age of 14 years
during any one calendar day (excluding the caregiver’s own children),
and the care of an additional 6 elementary school age children during
non-school hours only, so long as the total number of children (including
a caregiver’s own minor children) does not exceed a maximum
of 12 at any given time. In appropriate circumstances following a
hearing the Zoning Board of Adjustment may allow for the keeping of
more than 12 children, so long as such variance does not adversely
affect the residential character of the neighborhood. Such a review
shall follow the procedures for the granting of variances generally.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
The supporting structure of an open carport shall not be located within required front or side yards, except as set forth in this Section. Carports in required yards may be approved as an administrative adjustment in accordance with the provisions of Section 8.01 provided the standards of the following subsections 1, 2 and 3 are met.
1.
Location.
a.
There
is no other practical location on the subject property for a carport
that would meet the minimum yard requirements established for the
particular zoning district in which the subject lot is located.
b.
In order
to allow a carport to encroach within the required front yard, a previously
constructed carport located within a required front yard must exist
on a lot on the same or opposing block face.
c.
The proposed
carport must be compatible with the neighborhood and will not negatively
affect other nearby properties.
2.
Construction.
Construction of a carport in a required yard shall conform to
all of the following criteria:
a.
The front
face of the roof shall be set back at least 10 feet from the front
property line, and shall be separated by at least 15 feet from the
back of the street curb (or edge of the street pavement if a curb
does not exist).
b.
The roof
edge and vertical structural supports for any carport shall not be
located closer than two feet to the side property line.
c.
A minimum
of 7-1/2 feet from the finished floor level of any carport situated
within the minimum front or side yard required on the lot shall be
open and unencumbered by any walls, screening or glazing on the sides
or front of the structure, except as may be necessary for vertical
structural supports which shall be no greater than 12 inches in width
or diameter, or unless the carport borders the side wall of the house,
in which case that one side of the carport may be enclosed by the
wall of the house.
d.
No more
than 20 percent of the minimum front yard area required on a lot shall
be covered by the roof on a carport allowed by this Section.
3.
Continuing
Compliance.
Any carport authorized in accordance with
this Section to extend into minimum required front or side yards shall
be subject to continuing compliance with the following requirements.
a.
The minimum
clearance required on the sides of any such carport (along that portion
which extends into required yards) shall continually remain open and
unencumbered by any walls, screening or glazing.
b.
The area
underneath any such carport shall continually remain clear of any
junk, household trash, yard trash, debris or any and all other objectionable
unsightly matter, as generally required by the ordinances of the City
of Littlefield.
4.
Existing
Carports.
Existing carports which encroach into minimum
front or side yards required by this Zoning Ordinance shall be exempted
from the requirements of this Zoning Ordinance intended to prevent
the installation of carports within minimum front or side yards, subject
to each such carport’s compliance with all the following conditions.
a.
The carport
was legally constructed at that location prior to July 1, 2005.
b.
The carport
does not encroach into the public right-of-way, into an easement specifically
designated to be open or unencumbered by buildings, or onto an adjacent
lot.
c.
The carport
is set back a minimum of 5 feet from the back of a curb bordering
pavement in an adjoining street right-of-way or, if a curb does not
exist, from the edge of pavement in that adjoining street right-of-way.
d.
The carport
is structurally sound, in the opinion of the Building Official.
e.
The carport
is substantially open and unencumbered by side walls, screening or
glazing in any of the minimum front or side yards required by this
Zoning Ordinance.
f.
The area
underneath any such carport is and remains continually clear of any
junk, household trash, yard trash, debris or any and all other objectionable
matter.
g.
The carport
is accessory to a principal building located on the same lot as that
carport, regardless of whether that carport is attached to or detached
from the principal building.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
a.
Existing
carports which encroach into minimum required front or side yards
and which were installed before enactment of minimum yard requirements
shall be considered legally nonconforming.
b.
Any existing
carports which encroach into minimum front or side yards required
by this Zoning Ordinance and which were authorized in accordance with
a variance or special exception duly approved by the Zoning Board
of Adjustment shall also be considered legally nonconforming.
c.
In no case
shall this Section be construed to legitimize any carport encroaching
into a public right-of-way, into an easement specifically designated
to be open or unencumbered by buildings, or onto an adjacent lot.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
Principal uses classified as allowed uses by the district regulations
of this Zoning Ordinance shall be deemed to include accessory uses
and activities that are customarily associated with, as well as appropriate,
incidental and subordinate to allowed principal uses. Accessory uses
and activities shall be subject to the same regulations as principal
uses unless otherwise expressly stated.
1.
Accessory
Buildings or Structures.
a.
Setbacks.
An accessory building may be detached from the principal building,
or constructed such that it is physically attached to the principal
building.
b.
An accessory
building attached to a principal building, or located within 10 feet
of a principal building, shall be considered integral to the principal
building, and shall meet the same minimum side and rear setback requirements
as the principal building.
c.
Except for those carports allowed in Section [Section 15.10], no accessory building, either attached or detached, shall be allowed within the minimum front yard required on the lot.
d.
An accessory
building that is detached from the principal building, or attached
with only a breezeway, shall be allowed to extend into the required
side or rear yard as follows:
i.
Where
the wall or edge of the roof will adjoin a street or alley right-of-way,
five (5) foot setback shall be required; and
ii.
Where
the wall or edge of the roof will adjoin any other side or rear lot
line, a minimum setback of five (5) feet from that side or rear lot
line shall be maintained.
Size. A maximum accessory building floor
area of 600 square feet or 50 percent of the floor area of the principal
building, whichever is greater, shall be permitted on any residential
lot so long as the area restrictions in the district are not violated.
Bona fide farm and agricultural buildings shall be exempt from this
requirement.
Prohibited Structures. Shipping crates,
railroad cars, truck or bus bodies and other similar containers shall
not be used as accessory buildings in any residential district.
2.
Satellite
Dish Antennas in Nonresidential Districts.
Satellite
dish antennas in nonresidential districts shall meet the following
conditions for installation.
a.
All permanent
installations shall be installed according to the manufacturer’s
requirements and shall meet appropriate building setbacks.
b.
All antennas,
whether for sales and service or for permanent installation, shall
be located in a manner that will not interfere with pedestrian or
vehicular movement, shall not be a visual obstruction to traffic,
and will not eliminate off-street parking spaces required by this
Zoning Ordinance.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
Residential, Commercial or Industrial Areas.
a.
Creating,
causing, allowing, fostering, promoting, or maintaining a Nuisance,
as defined in this ordinance, is prohibited and constitutes an offense.
Any peace officer may enforce an observed violation as in the case
of any other Class C misdemeanor. The City Manager or designee is
authorized to issue notice of violation letter for an observed violation,
and [if] the nuisance is not abated within 15 days then request a
complaint in the municipal court got [sic] the offense. The remedies
stated in this section are cumulative of other Nuisance enforcement,
abatement, remedies, and procedures provided by other law.
b.
No sign
or lighting permitted under these regulations shall be authorized
whereby such sign or lighting by reason of placement, lack of shielding,
noise generation or character of operation would itself be a form
of Nuisance. Specifically:
1.
The source
of lighting shall not be directly visible from the adjacent residential
property and light shall be shielded to prevent such exposure;
2.
The noise
level of signs and lighting fixtures, when measured within the adjacent
dwelling unit, shall not be greater than the noise levels of equipment
customarily in operation in the home including air conditioning and
kitchen refrigerators.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
The following standards are established for new and existing
developments regarding maximum height, lot size and minimum yards:
|
Standard
|
C-1
|
C-2
|
M-1
|
M-2
|
|---|---|---|---|---|
|
Maximum Height (ft.)
|
35
|
–
|
–
|
–
|
|
Minimum Lot Area (sq. ft.)
|
6,000
|
6,000
|
6,000
|
6,000
|
|
Minimum Lot Width (ft.)
|
50
|
50
|
50
|
50
|
|
Minimum Lot Depth (ft.)
|
80
|
80
|
80
|
80
|
|
Minimum Front Yard (ft.)
|
25
|
25
|
25
|
25
|
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Minimum Side/Rear Yard (ft.)
|
10
|
10
|
10
|
10
|
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NOTE: For the purpose of this Section, separation by an alley,
utility-owned right-of-way, watercourse or other drainage feature
with a minimum width of 10 feet shall not be considered abutting.
|
Determination of Yard Requirements. Where
a lot does not conform to the typical lot and block configuration,
the City Manager shall determine which lot lines shall be considered
front, side and rear lot lines. In making this determination, the
City Manager shall take into account consideration of the pattern
of adjacent lots, as well as frontage of lots across any intervening
street. Addresses assigned to existing buildings shall not determine
yard requirements.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
1.
Residential.
Only one principal building for single-family or two-family
residential use shall be located upon a lot in a residential zoning
district.
2.
Nonresidential.
More than one principal nonresidential building may be located
on a lot, subject to the following requirements:
a.
The principal
buildings shall conform to all of the open space, parking and density
requirements applicable to the district where they are located.
b.
The City
Manager shall review such projects to ensure an appropriate arrangement
of buildings is proposed. Such review shall be subject to appeal to
the Zoning Board of Adjustment.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
Outdoor storage and display shall be allowed in any nonresidential
district in accordance with this Section. Any merchandise, material
or equipment situated outdoors shall be in accessory to the main use
subject to the requirements of this Section. For the purpose of this
section, outdoor storage and display shall be broken down into three
types, as follows.
1.
Type A:
Outdoor Display.
Type A Outdoor Display shall be allowed
adjacent to a principal building wall and extending to a distance
no greater than 5 feet from the wall. Such storage shall not be permitted
to block windows, entrances or exits, and shall not impair the ability
of pedestrians to use the building. Storage of used articles may be
stored outside only during the hours that the store is open.
2.
Type B:
Limited Outdoor Storage.
Type B Limited Outdoor Storage
shall not exceed 1,000 square feet or 10 percent of the total site
area (whichever is greater).
3.
Type C:
General Outdoor Storage.
Type C General Outdoor Storage
shall be allowed in unlimited quantity, subject only to the following:.
[sic]
4.
Exceptions.
a.
Vehicles
(including boats) shall not be considered merchandise, material or
equipment subject to the restrictions of this Section.
b.
Waste
generated on-site and deposited in ordinary refuse containers shall
not be subject to the restrictions of this Section.
c.
Areas
enclosed by solid, opaque walls on at least three sides and covered
by a solid, opaque roof shall not be considered outdoor.
d.
All outdoor
storage must be stacked in straight, orderly lines, be free of vegetation
and must not hold water or harbor pests.
5.
Location
of Outdoor Storage and Display.
a.
Unless
specifically authorized elsewhere in the City’s Code of Ordinances,
all outdoor storage and display shall be located outside the public
right-of-way and/or at least 15 feet from the back edge of the adjacent
curb or street pavement.
b.
No outdoor
storage or display shall be allowed in required side yards.
6.
Allowed
Storage Table.
The three types of storage shall be allowed
in the districts designated in the Table below:
|
Type Storage Allowed
|
CB
|
C-1
|
C-2
|
M-1
|
M-2
|
|---|---|---|---|---|---|
|
Type A
|
X
|
X
|
|
|
|
|
Type B
|
|
|
X
|
|
|
|
Type C
|
|
|
|
X
|
X
|
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
a.
Location.
All structures housing adult entertainment enterprises shall
be located only in the M-1 and M-2 [Districts] by Special Use in accordance
with the following:
1.
At least
1,000 feet from the property boundary line of any lot used for church
purposes, or any lot occupied by a public or private school having
a curriculum equivalent to an elementary or secondary school (including
outdoor athletic and recreation facilities directly associated with
such a school).
2.
At least
1,000 feet from another structure housing an adult entertainment enterprise.
3.
At least
500 feet from the boundary line of any residential zoned lot or any
lot or tract used for public park purposes.
b.
Measurements.
1.
Measurements
for determining the distances described above are to be measured in
a straight line in all directions from the structure housing the adult
entertainment enterprise to the nearest property line of any lot in
a residential zoned district, or any lot used for church or school,
or any public park, or to any structure housing another adult entertainment
enterprise.
2.
The measurements
for a structure shall be taken from the furthest point that a structure
extends in any direction, including overhanging roofs and all other
projections or portions of said structure.
3.
Should
the adult entertainment enterprise be located in conjunction with
other buildings in a manner where the adult entertainment enterprise
is clearly separated from other portions of the structure (for example,
an adult bookstore in a shopping center), the adult entertainment
enterprise structure’s measurements shall be taken from the
boundaries of the space in which the adult entertainment enterprise
is housed or confined (not the entire shopping center, motel, or other
such structure).
4.
Should
the adult entertainment enterprise be located in conjunction with
other buildings in a manner where the adult entertainment enterprise
is situated above the ground level of a multi-story structure and
is clearly separate from other activities within the structure (for
example, an adult bookstore on an upper level of an office tower or
hotel), the adult entertainment enterprise measurements shall be taken
from the nearest entry to that portion of the structure housing the
adult bookstore, thence to the nearest point of egress (elevator or
stairs), thence to the nearest ground floor exit, thence in a straight
line to the nearest point on any lot in a residential district, or
any lot or tract used for church, school or public park purposes,
and to any structure housing another adult entertainment enterprise.
c.
Compliance
Review.
Any person wishing to establish an adult entertainment
enterprise must submit a site plan to the City Manager setting out
the dimensions and specific location of the adult entertainment enterprise
in relation to lot boundaries, in addition to a signed and notarized
statement certifying the proposed adult entertainment enterprise (represented
on the accompanying site plan) complies with the location requirements
set forth above. It shall be the responsibility of said applicant
to provide the site plan and assure compliance with the location requirements
of this Section. The applicant’s submission of this site plan
and certification shall signify initiation of the review process.
The City Manager shall have no more than 30 days to review the site
plan and cite, in writing, any potential violations of provisions
of this Zoning Ordinance.
d.
Non-Enlargement
and Priority by Time.
If two or more adult entertainment
enterprises are within 1000 feet of one another and otherwise in a
permissible location, the adult entertainment enterprise which was
first established and continually operating at a particular location
is the conforming use, and the later established business is nonconforming.
Such nonconforming use shall not be increased, enlarged, extended,
or altered except that the use may be changed to a conforming use.
e.
Expansion
of Neighbors.
An adult entertainment enterprise lawfully
operating as a conforming use after adoption of this Zoning Ordinance
is not rendered a nonconforming or illegal use by the location of
a church, school, public park, or residential zoned lot established
after approval of the adult entertainment enterprise.
f.
Exemption
from Locational Requirements.
In the event an owner of
an existing or proposed adult entertainment enterprise wishes to claim
an exemption from the provisions of this Section, the owner shall
make application for a locational exemption from the requirements
of this Section. The City Council shall grant an exemption from the
locational restrictions, only if it makes all of the following findings:
1.
that
the location of the adult entertainment enterprise will not have a
detrimental effect on nearby properties or be contrary to the public
safety or welfare;
2.
that
the granting of the exemption will not violate the spirit and intent
of this Zoning Ordinance;
3.
that
the location of the adult entertainment enterprise will not downgrade
the property values or quality of life in the adjacent areas or encourage
the development of urban blight;
4.
that
the location of adult entertainment enterprise will not be contrary
to any program of neighborhood conservation, nor will it interfere
with any urban renewal or restoration efforts; and
5.
that
all other applicable provisions of this Zoning Ordinance will be observed.
|
If an exemption is denied by the City Council, the applicant
may seek prompt judicial review of such action in a court of competent
jurisdiction.
|
|
If the City Council grants an exemption, the exemption is valid
for one year from the date of the City Council’s action. Upon
the expiration of an exemption, an adult entertainment enterprise
will be in violation of the locational restrictions of this Section
and the nonconforming use shall be illegal and shall terminate, unless
the applicant applies for and receives another exemption. Such application
shall be made with the Littlefield City Secretary at least 60 days
prior to the expiration of the exemption.
|
|
The grant of an exemption does not exempt the applicant from
any provisions of this Zoning Ordinance, other than the locational
restrictions of this Section.
|
g.
Appeal
of Administrative Determinations.
If existing or potential
violations of any provisions of this Section are cited by the City
Manager, the person wishing to establish an adult entertainment enterprise
shall have the right to appeal such interpretation to the Zoning Board
of Adjustment which shall hear the case within 45 days of the appeal.
The Board shall render its decision at or before the conclusion of
the meeting. If the Zoning Board of Adjustment upholds the City Manager’s
interpretation of potential violations, the person may seek prompt
judicial review of such action in any court of competent jurisdiction.
The action shall be promptly reviewed by the court.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
No uses allowed exclusively in the M-1 or M-2 districts shall
be allowed within 100 feet of any adjoining residential district.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
1.
Required
Privacy Fences.
a.
A privacy
fence shall be required where the side or rear lot line of a nonresidential
use is adjacent to either of the following. [sic]
b.
This
requirement shall not apply when an equivalent fence already exists.
c.
Properties
immediately across a body of water, transportation, drainage or utility
right-of-way, street or alley shall be considered adjacent if the
intervening body of water, transportation, drainage or utility right-of-way,
street or alley, is less than 80 feet wide.
2.
Height
Standards for Required Privacy Fences.
b.
Maximum
Fence Height in Residential Districts.
No portion of
any fence or enclosure in any residential district shall exceed a
height of 8 feet.
c.
Maximum
Height in Required Front Yards.
i.
Any
fence or enclosure extending into a required front yard shall not
exceed a height of four feet.
ii.
Fences
on land located in the M-1 and M-2 Districts shall be exempt from
this requirement.
iii.
In the A District, a substantially open fence with a ratio of solid
portion to open portion equal to or less than 1 (solid) to 4 (open)
may be constructed up to a height of 6 feet.
3.
Manner
of Construction.
Nothing in this section shall be construed
as controlling the materials or manner of construction of fences.
Materials and manner of construction shall be regulated by the Building
Code adopted by the City or other ordinances which currently exist
or which may be adopted in the future.
4.
Privacy
Fences are not allowed in the Central Business district eccept as
part of an approved public park area.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
Except for freestanding signs with appropriate visual clearance
below the display area, any fence, structure, sign, tree or landscaping
on a corner lot and situated within 30 feet of the intersection of
the two street property lines shall not exceed a height of three feet,
including topography, measured from the top of the street curb or,
in the absence of a raised curb, 3-1/2 feet above elevation of the
center of the pavement. For this purpose, the restricted area shall
be considered as a triangle rather than an area bounded by an arc.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
A.
Signs.
Before placing any sign a permit must first be approved, a fee paid according to Appendix B, and shall be allowed in each district in accordance with the following table:
|
Type of Sign & Standards
|
Principal Use of Property
| |
|---|---|---|
|
Type of Sign
|
Non-Residential
|
Residential (SF-1, SF-2, MH-2. Multifamily)
|
|
Business Identification Sign Permitted locations
|
Within buildable area or mounted flat on face of building: may
project 24 inches from face of building.
|
According to Section L
|
|
Directional Sign Size limits
|
4 sq. ft./sign
|
4 sq. ft./sign
|
|
Facility Identification Sign Combined allowable sign area in
sq. ft. per lineal feet of street frontage (one frontage)
|
1 sq. ft./3 lin. ft
|
1 sq. ft./10 lin. ft
|
|
Facility ID Sign Minimum sign area
|
12 square feet
|
12 square feet
|
|
Subdivision Identification Sign Combined allowable sign area
in sq. ft. per lineal feet of street frontage
|
1 sq. ft./3 lin. ft.
|
1 sq. ft./10 lin. ft.
|
|
Off Premises Advertising - Billboards According to Section M
|
Allowed only Adjacent to US 84 (Not including Business US 84)
|
Not Permitted
|
B.
Location.
All signs shall be placed within the buildable area of a lot
except that directional signs, facility identification signs and subdivision
identification signs may be place in any yard, but not closer than
ten (10) feet horizontally to any street line which is the curb line.
C.
Height.
The height of signs located in required yards shall not exceed
the height limits for walls or fences in these same yards. Signs located
in the buildable area of a lot shall not exceed a height of 35 (Thirty –
Five) feet above grade level measured at the nearest point on the
nearest property line; provided that any sign on top of a building
may have a height of ten (10) feet above the top of such building.
D.
Sign Area.
All signs areas measures by the overall dimensions. Business
identification signs may be permitted up to 1sq ft. per 3 linear property
feet of frontage along the street in which the sign is visible from.
Only one frontage may be used in this calculation.
E.
Real estate
sales signs.
Temporary signs announcing the sale or rental
of the real estate on which placed shall be permitted in any district
and may be placed in any yard. Such sign shall not exceed twelve (12)
square feet in area and shall be removed within one week following
the close of the sale or lease.
F.
Political
and miscellaneous signs.
Political and miscellaneous
signs of any characteristic whatsoever will not be permitted on utility
and other poles existing in the street right-of-way.
G.
Symbols.
Symbols which are designed as an integral part of the building
structure, and symbols and signs which are not visible or readable
from the public street shall not be limited by the sign regulations
of the zoning district.
H.
Existing
Signs.
All existing signs that do not comply with these
regulations are hereby declared existing nonconforming. Any additions
must comply with these regulations as amended. All on-site signs must
indicate a current business operation. All signs that create a visual
obstruction for traffic and/or occupy a space within 3’ and
7’ high and within 8’ of a city curb (or extend into a
city ROW) are hereby declared a nuisance and must be removed.
I.
Appeals.
Appeals to the City of Littlefield Sign regulations will be
heard by the Zoning Board of Adjustments.
J.
Traffic
control conflicts.
No sign or lighting permitted under
these regulations shall be erected, placed or allowed to remain if
such sign creates confusion, impairs hearing or vision, or distracts
the automotive driver using any public street. Specifically prohibited
are:
1.
High
intensity bare bulb lighting or any lighting which creates a glare
or any sign so placed as to make traffic signs or signals unreadable
by a driver on the public street at the normal viewing range;
2.
Sign
duplicating colors of traffic signs or signals which distract or cause
confusion in reading such traffic signs or signals at normal viewing
range; and
3.
Signs
or equipment which produce noises simulating sirens, bells, or whistles
which may be confuse with the warning devices of emergency vehicles.
K.
Residential
area nuisance.
No sign or lighting permitted under these
regulations shall be authorized if such sign or lighting by reason
of placement, because of shielding, noise generation or character
of operation would be adverse to the normal sensibilities of an adjacent
residence or would interfere with the reasonable use, enjoyment, or
right of privacy on one's property. Specifically,
1.
The source
of lighting shall not be directly visible from the adjacent residential
property and light shall be shielded to prevent such exposure;
2.
The noise
level of signs and lighting fixtures, when measured within the adjacent
dwelling unit, shall not be greater than the noise levels of equipment
customarily in operation in the home including air conditioning and
kitchen refrigerators; and
3.
Flashing
signs and intermittent lighting of signs or areas shall not be permitted
where they are located within 200 feet of and/or are directly visible
from residential property.
L.
No sign
shall be erected or maintained at any location within the residential
districts of the City, except:
1.
In accordance
with the following:
a)
A
cumulative total of 36 square feet of sign surface area per site,
whether consisting of a single sign or more than one sign; and,
b)
Must
not be illuminated; and,
c)
Has
no moving elements, animation, changeable text or graphics, or video
display; and,
d)
If
it mentions a specific date or event, it shall be removed within 7
days after such event or date; and
e)
Is
placed wholly on private property and not within the visibility triangle
of a corner or driveway so as to obstruct driver vision of traffic
on the street; and,
f)
Contain
no obscene, indecent, or immoral message; and,
2.
When
placed inside a window of a residence; or
3.
Is required
by law; or
4.
Decorations
on residential properties; or
5.
Historical
plaque or marker issued by a governmental entity; or
6.
Flag,
whether one or more, that cumulatively do not exceed 36 square feet
in size, with a maximum of four flags per site.
M.
Billboards
and Off-Premises Signs must comply with the following rules:
1.
No sign
may be erected or reconstructed without first obtaining a permit.
Fees are charged according to Appendix B[.]
2.
Signs
may be no taller than Thirty-Five (35) feet and may have no attached
antennas[.]
3.
Signs
may be located along US 84 (Not including Business US 84) and only
in C-2, A, and M-2 zones.
4.
Signs
may be permitted no closer than 1,000 feet for any existing billboard
or off-premises sign located in the city limits or within the Extraterritorial
Jurisdiction (The 1-mile buffer surounding the City limits) measured
along US 84.
5.
Signs
may be up to 300 square feet in size.
6.
Signs
must also comply will all state requirements in addition to the above
rules. In the event of a conflict, the most stringent shall prevail.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
No Arcade shall be allowed within 500 feet of a lot or tract
of land occupied by any building used for a public or private school
offering a curriculum equivalent to an elementary or secondary school.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
1.
Parallel
to the Public Right-of-Way.
Gasoline pump island canopies
that are not connected to another structure may extend to the property
line, provided the posts, poles, bases and other supporting structures
are set back a minimum of 12 feet from the property line where the
pump island is situated parallel to the public right-of-way.
2.
Located
on Corner Lot.
Gasoline pump island canopies that are
not connected to another structure and are located on a corner lot
may be placed at an angle and may extend to the property line provided
that no part of the canopy extends past the property line, and the
posts, poles, bases and other supporting structures are set back a
minimum of 20 feet from the property line. The measurements are to
be made at right angles to the property line.
3.
Not Parallel
to the Public Right-of-Way.
Gasoline pump island canopies
that are not connected to another structure may extend to the property
line, provided the posts, bases and other supporting structures are
set back a minimum of 20 feet from the property line where the pump
island is not situated parallel to the public right-of-way. The measurements
are to be made at right angles to the property line.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
In approving a special use allowing a golf driving range in
or nearby a residential zoning district, City Council shall take appropriate
measures to minimize ill effects of harsh or uncomfortably bright
light (i.e., glare) emanating from nighttime illumination, on any
residential zoned lot located outside the golf driving range.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
1.
Land Area.
The minimum land area required for a manufactured housing park
is three acres.
2.
Density
Limitations.
Any lot or tract of land occupied by a manufactured
housing park shall have a maximum density of 8 dwelling units per
gross acre.
3.
Separation
Requirements.
a.
Manufactured
housing units and all roof-covered structures shall meet the following
separation requirements.
|
A maximum 2-foot eave overhang shall be permitted within the
separation areas as required below.
|
|
Required Separation
| |||
|---|---|---|---|
|
|
Any Other Dwelling in Park
|
Curb or Edge of Pavement on Driveway Providing Common Access
|
Park Boundary
|
|
Manufactured Housing Unit/All Roof-Covered Accessory Structures
|
10 feet
|
10 feet
|
20 feet
|
|
Management, Maintenance or Recreational Buildings Serving Entire
Park
|
15 feet
|
10 feet
|
20 feet
|
4.
Required
Parking.
A minimum of two off-street parking spaces shall
be provided for each dwelling within a manufactured housing park.
5.
Skirting.
Each manufactured housing unit shall be skirted with a material
or product specifically designed for the skirting of manufactured
homes. Required skirting shall be maintained so as not to provide
a harborage for animals or create a fire hazard.
6.
Manufactured
Homes, Mobile Homes, Travel Trailers and Recreational Vehicles (RVs).
Following the effective date of this ordinance, mobile homes
(versus HUD determined manufactured housing) may not be placed in
any manufactured housing park.
Travel trailers, motorized recreational vehicles and other such
relocatable housing that does not meet the definition of either a “mobile
home” or a “HUD-Code Manufactured Home” shall be
permitted within any manufactured housing park, subject to the requirements
of this Section, provided these types of accommodation do not exceed
30 percent of the total units in the park.
7.
State
Standards.
All manufactured housing units shall conform
to the State of Texas Standards for manufactured housing anchorage,
tie-downs and blocking.
8.
Fire Protection.
Every dwelling within a manufactured housing park shall be located
no further than 500 feet from a fire hydrant.
9.
Site Plan.
Prior to the development of any
new manufactured housing park established after the effective date
of this Zoning Ordinance, and prior to the enlargement of any existing
manufactured housing park, a site plan conforming to the requirements
of this subsection shall be approved by the City Manager. The required
site plan shall be drawn to scale and shall explicitly illustrate
at least the following features.
a.
Location
and dimensions of all park boundaries.
b.
Location
of pavement on adjoining street rights-of-way.
c.
Location
and dimensions of any permanent improvements existing or planned within
the park, including but not limited to the following:
i.
Improved
surfaces for common driveways, off-street parking and recreation areas.
ii.
Buildings
for management, maintenance and recreational purposes.
iii.
Any other recreational facilities.
iv.
Any
fences or walls.
v.
The
location of pipelines and systems for potable water distribution,
sewage collection and fire protection, including location of all fire
hydrants.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
Uses permitted in the M-1 District are subject to the following
conditions:
All storage within one hundred (100) feet of a residential district,
except for motor vehicles in operable condition, shall be within completely
enclosed buildings or effectively screened with screening not less
than six (6) feet nor more than eight (8) feet in height, provided
no storage located within fifty (50) feet of such screening shall
exceed the maximum height of screening.
Permitted uses in the M-1 District shall not disseminate dust,
fumes, gas, noxious odor, smoke, glare, or other atmospheric influence.
Permitted uses in the M-1 District shall produce no noise exceeding
in intensity, at the boundary of the property, the average intensity
of noise of street traffic.
Permitted uses in the M-1 District shall not create fire hazards
on surrounding property.
Performance Standards. The following general performance standards
shall be applicable to activity allowed (by right or by conditional
approval) in Light Manufacturing Districts:
a.
No vibration
shall be produced which is transmitted through the ground (and is
discernible without the aid of instruments) at or at any point beyond
the lot line.
b.
All noise
shall be muffled so as to not be objectionable due to intermittence,
beat frequency or shrillness.
c.
Visible
emissions of air pollutants of any kind at ground level, past the
lot line of the lot on which the source of emissions is located, are
prohibited.
d.
No person
shall cause or permit any materials to be handled, transported or
stored in such a manner which allows or may allow particulate matter
to become airborne.
e.
There shall
be no emission or transmission of heat or heated air so as to be discernible
from the lot line.
f.
Any condition
or operation which results in the creation of odors of such intensity
or character as to unreasonably interfere with the comfort of the
public shall be removed, stopped or modified so as to remove the odor.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
Uses permitted in the M-2 District shall be subject to the following
conditions:
a.
All storage
within one hundred (100) feet of a residential district, except for
motor vehicles in operable condition, shall be within completely enclosed
buildings or effectively, screened with screening not less than six
(6) feet in height nor more than eight (8) feet in height, provided
no storage located within fifty (50) feet of such screening shall
exceed the maximum height of such screening.
b.
All uses
permitted in the M-2 district must meet the following performance
standards and any appropriate city ordinances:
i.
Smoke:
No operation shall be conducted unless it conforms to the standards
established by any applicable state and federal health rules and regulations
pertaining to emission of particulate matter;
ii.
Particulate
Matter:
No operation shall be conducted unless it conforms
to the standards established by applicable state and federal health
rules and regulations pertaining to emission of particulate matter;
iii.
Dust, Odor, Gas, Fumes, Glare, or Vibration:
No emission
of these matters shall result in a concentration at or beyond the
property line which is detrimental to the public health, safety or
general welfare or which causes injury or damage to property; said
emissions shall in all cases conform to the standards established
by applicable state and federal health rules and regulations pertaining
to said emissions;
iv.
Radiation
Hazards and Electrical Disturbances:
No operation shall
be conducted unless it conforms to the standards established by applicable
state and federal health rules and regulations pertaining to radiation
control;
v.
Noise.
No operation shall be conducted in a manner that creates a Nuisance
as defined within this ordinance.
vi.
Water
Pollution:
No water pollution shall be emitted by manufacturing
or other processing. In a case in which potential hazards exist, it
shall be necessary to install safeguards acceptable to the appropriate
State and national health and environmental protection agencies prior
to issuance of a certificate of occupancy. The applicant shall have
the burden of establishing that said safeguards are acceptable to
said agency or agencies.
|
Performance Standards: The following
general performance standards shall be applicable to activity allowed
(by right or by conditional approval) in Heavy Manufacturing Districts:
| |
|
a.
|
No vibration shall be produced which is transmitted through
the ground (and is discernible without the aid of instruments) at
or at any point beyond the lot line.
|
|
b.
|
All noise shall be muffled so as to not be objectionable due
to intermittence, beat frequency or shrillness.
|
|
c.
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Visible emissions of air pollutants of any kind at ground level,
past the lot line of the lot on which the source of emissions is located,
are prohibited.
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d.
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No person shall cause or permit any materials to be handled,
transported or stored in such a manner which allows or may allow particulate
matter to become airborne.
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e.
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There shall be no emission or transmission of heat or heated
air so as to be discernible from the lot line.
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f.
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Any condition or operation which results in the creation of
odors of such intensity or character as to unreasonably interfere
with the comfort of the public shall be removed, stopped or modified
so as to remove the odor.
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(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
No sign or lighting permitted under these regulations shall
be erected, placed or allowed to remain whereby such sign creates
confusion, impairs hearing or vision, or otherwise distracts the automotive
driver using any public street. Specifically prohibited are:
a.
High intensity
bare bulb lighting or any lighting which creates a glare or any sign
so placed as to make traffic signs or signals unreadable at the normal
viewing range by a driver on the public street;
b.
Signs duplicating
colors, characteristics or symbols of traffic signs or signals, or
signs which cause confusion in reading such traffic signs or signal
at normal viewing range;
c.
Signs or
equipment which produce noises simulating sirens, bells, or whistles
which may be confused with the warning devices of emergency vehicles
traveling with the public streets; and
d.
This section
does not apply to public service signs or message center signs, such
as time and temperature displays.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
No sign, whether requiring a permit or not, shall be located
within or project over any public right-of-way. This provision shall
not be applicable to official traffic-control signs, or entrance and
exit signs less than 30 inches above grade placed with permission
of the City.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
Drug and alcohol recovery facilities shall be subject to the
following standards.
a.
The facility
shall meet all building, housing, and fire codes of the City.
b.
The facility
shall have adequate off-street parking space for every vehicle possessed
or utilized by occupants of the building. Such parking spaces must
meet all applicable standards of the City.
c.
The facility
shall be compatible with the neighborhood and shall not create undue
density and congestion.
d.
The boundary
line of any lot or tract of land occupied by such facilities shall
be located no less than 300 feet (measured in a straight line between
nearest boundaries) from each of the following:
e.
Appropriate
licenses and/or certifications from any federal or state agency shall
be acquired and kept current.
f.
Professional
staff must be on the premises at all times. Professional staff shall
be defined as an individual with experience, training or knowledge
in the appropriate rehabilitative field.
g.
No residential
treatment shall be provided to any persons on parole from federal,
state or county jails or prisons.
h.
If deemed
necessary by the Chief of Police, additional security lighting shall
be provided.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
Outdoor seating areas shall be allowed in conjunction with existing
or proposed restaurants, bars and taverns, subject to the following
standards.
a.
All lights
must be arranged and controlled so as to deflect glare or any uncomfortably
bright, harsh light away from any nearby residential use.
b.
Outdoor
seating areas may not generate a noise that is annoying or that causes
trouble or problems.
c.
A Nuisance
shall not be permitted.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
Self-service storage facilities when allowed shall be subject
to the following standards.
a.
The facility
shall be situated in a manner that avoids having substantial activity
unreasonably close to any SF-1, SF-2, TF, MF, MH-1 or MH-2 zoning
districts.
b.
The use
of the facility and its individual storage units shall be limited
to storage purposes only.
c.
No direct
glare from any illumination on the site shall be visible from lots
in any adjacent residential zoning district.
d.
Electrical
service to any individual storage unit shall be limited to a single
circuit providing a maximum force of 30 amperes, with no more than
one duplex outlet providing single-phase electrical service of no
more than 110 volts.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
These are minimum standards:
a)
Hot Mix
Asphaltic Concrete - Texas Highway Dept., Type F, minimum thickness
of 1-1/4 inches.
b)
Two Course
Penetration - surface composed of two layers of crushed stone and
asphalt. First Course - Texas Highway Department, Grade 2, Type D;
Second Course
c)
Texas
Highway Department, Grade 4, Type D.
d)
Concrete
- Reinforced concrete, minimum 28-day compressive strength of 3,000
psi, and minimum thickness of 5 inches.
e)
Brick
Pavers or Other Special Finish Surfaces - any proposed paved surface
finish other than those specified above shall be subject to review
and approval by the Building Official. The applicant shall provide
technical and design information as required by the Building Official.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
1.
Principal
Use.
Telecommunication transmission towers and other
telecommunication facilities shall always be considered a principal
use. They may be located on lots or on buildings occupied by another
principal use.
2.
Applicability.
This Section shall only apply to those telecommunications towers
and related facilities that exceed 35 feet in height, including the
height of other structures or buildings on which the telecommunication
facilities are located.
3.
Setbacks.
The following standards shall apply to all telecommunications
facilities:
a.
The minimum
setback between telecommunication facilities and all boundaries of
the lot on which those facilities are located shall be equal to 20
percent of the height of the tower.
b.
Telecommunication
facilities shall be set back a minimum of 50 feet from any existing
right-of-way for any street.
c.
Peripheral
supports and guy anchors for telecommunication towers may be located
within required setbacks for the tower, provided that they shall be
located entirely within the boundaries of the lot on which the tower
is located and shall be located no closer than 5 feet from the boundary
of the lot on which the tower is located, and no closer than 10 feet
from the boundary of an adjoining lot in a residential district.
4.
Separation
from Residential Districts.
All telecommunications facilities
that exceed a height of 35 feet (including the height of the building
on which they may be located) shall be set back at least 50 feet from
the boundary of any lot or tract in a residential zoning district.
5.
Heights.
The principal support structure for telecommunication facilities
shall be allowed to exceed the height limit of the zoning district
in which it is located, provided that the setback standards of this
Section shall apply.
6.
Security
Fences and Walls.
Unless the telecommunication tower
is located on top of a building, a fence or wall not less than 7 feet
in height from finished grade shall be constructed around each telecommunication
tower. The fence or wall shall comply with the following standards.
[sic]
7.
Removal
of Obsolete Towers.
All obsolete or unused telecommunication
towers shall be removed within 12 months of cessation of use.
8.
Electromagnetic
Radiation.
Telecommunication towers shall comply with
all applicable Federal Communications Commission (FCC) standards for
non-ionizing electromagnetic radiation.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
1.
Construction-Related
Offices.
a.
Parking
of a trailer housing construction-related offices shall be allowed
on the same tract of land, or on a tract lying directly adjacent to
or across the street from the tract, where related construction is
occurring.
b.
Parking
of a trailer housing construction-related offices shall not require
a building permit or other approval from the City, provided that the
following standards are met.
i.
Extension
of temporary electric or plumbing service is made in accordance with
all applicable codes, including required permits therefor.
ii.
Use
of any such trailer shall be limited to administrative offices for
ongoing construction activity on the same tract of land, or on a tract
lying directly adjacent to or across the street from the tract where
construction activity is ongoing. The trailer shall not be used for
dwelling purposes, even on a temporary basis.
iii.
Any such trailer shall be removed within 60 days following completion
of the project to which the offices are considered accessory.
2.
Construction-Related
Storage.
a.
Parking
of trailers, semi-trailers and shipping containers shall be allowed
on the same tract of land, or on a tract lying directly adjacent to
or across the street from the tract, where related construction is
occurring. Such parking shall not require a building permit or other
approval by the City, provided that the following standards are met.
b.
Yards
for storage and marshalling of construction material and equipment
shall be allowed on the same tract of land, or on a tract lying directly
adjacent to or across the street from the tract, where related construction
activity is occurring. All such material or equipment shall be for
use in conjunction with the associated construction project. All such
material and equipment shall be removed within 60 days following completion
of the project.
3.
Real Estate
Sales Offices in Residential Districts.
a.
A real
estate sales office may be operated from a model home or other building
located within a recorded subdivision, provided that the use is limited
to sale of lots or new homes within that same subdivision. The temporary
use approval shall expire at such time as 95 percent of the lots within
the subdivision have been sold.
b.
No HUD-Code
manufactured home or other portable building not constructed in conformance
with the City’s building code requirements shall be allowed
as a temporary office for the sale of real estate.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
In Commercial Districts the Vehicle Service use shall be limited
to the following.
1.
Fluid changes.
2.
Lubrication.
3.
Sales and
replacement of minor parts such as batteries, belts, bulbs, lamps,
fuses and wipers.
4.
Battery
recharging.
5.
State-mandated
inspections.
6.
Tire sales,
installation and repair.
7.
Brake repair
and replacement.
8.
Replacement
of shocks and struts.
9.
Sales and
installation of custom auto parts and accessories that are not intended
to enhance the performance of the engine, and that do not alter the
original or “stock” components of automotive electric,
transmission, suspension or exhaust systems.
10.
Fuel
sales.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
Where allowed only as a conditional use, waste-related uses
shall be subject to approval by the Planning and Zoning Commission
and shall furthermore be subject to the following conditions:
1.
Use of
the facility shall be limited to collection (from household and business
consumers) of small items such as cans, glass, plastic and paper,
for temporary storage and subsequent transport to another facility
for processing.
2.
No mechanical
means of collection or processing shall be allowed, including but
not limited to the crushing of cans.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
