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.
i.
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.
ii.
Except
for those carports allowed in Sec. 513, no accessory building, either
attached or detached, shall be allowed within the minimum front yard
required on the lot.
iii.
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:
b.
Size.
A maximum accessory building floor area of 2,000 square feet
or 40 percent of the lot area, whichever is less, shall be permitted
on any residential lot. Bona fide farm and agricultural buildings
shall be exempt from this requirement.
c.
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 require a building permit, 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.
3.
Satellite
Dish Antennas in Residential Districts
Satellite dish antennas in residential districts shall meet
the following conditions for installation.
a.
Antennas
shall not be located in required front or side yards.
b.
The minimum
distance between any point of the antenna and any property line shall
be two feet.
c.
Installation
on a roof is allowed, provided the total height of the structure and
the antenna does not exceed the district standard set forth in Article
5.
(Ordinance 151 adopted 3/24/03)
1.
Location
All structures housing adult entertainment enterprises shall
be located as follows.
a.
At least
1000 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).
b.
At least
1000 feet from another structure housing an adult entertainment enterprise.
c.
At least
500 feet from the boundary line of any residentially zoned lot or
any lot or tract used for public park purposes.
2.
Measurements
a.
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 residentially zoned district, or any lot used for church or school,
or any public park, or to any structure housing another adult entertainment
enterprise.
b.
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.
c.
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).
d.
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.
3.
Compliance
Review
Any person wishing to establish an adult entertainment enterprise
must submit a site plan to the Zoning Administrator 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 Zoning Administrator 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.
4.
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.
5.
Expansion
of Neighbors
An adult entertainment enterprise lawfully operating as a conforming
use after adoption of this Zoning Ordinance is not rendered a nonconforming
use by the location of a church, school, public park, or residentially
zoned lot established after approval of the adult entertainment enterprise.
6.
Exemption
from Locational Requirements
a.
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.
b.
The City
Council shall grant an exemption from the locational restrictions,
only if it makes all of the following findings:
i.
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;
ii.
that
the granting of the exemption will not violate the spirit and intent
of this Zoning Ordinance;
iii.
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;
iv.
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
v.
that
all other applicable provisions of this Zoning Ordinance will be observed.
c.
If an exemption
is denied by the City Council, the applicant may seek prompt judicial
review of such action in any court of competent jurisdiction.
d.
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 New Deal City Clerk at least 60 days prior to the expiration
of the exemption.
e.
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.
7.
Appeal of
Administrative Determinations
If existing or potential violations of any provisions of this
Section are cited by the Zoning Administrator, the person wishing
to establish an adult entertainment enterprise shall have the right
to appeal such interpretation to the City Council which shall hear
the case within 45 days of the appeal. The Council shall render its
decision at or before the conclusion of the meeting. If the City Council
upholds the Zoning Administrator’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 151 adopted 3/24/03)
a.
The retail
sale of alcoholic beverages for on-premise consumption shall always
be considered a principal use. Such establishments may be located
on the same lot or in the same building occupied by another principal
use such as a restaurant or hotel if the use meets the requirements
for the type of alcohol sales allowed in that district.
b.
The sale
of beer, wine or liquor is prohibited in the residential zones of
the City. Beer may only be sold during the hours of 10:00 a.m. until
midnight.
c.
The sale
of alcoholic beverages consumption [sic] is prohibited by a dealer
whose place of business is within 300 feet of a church, public or
private school or public hospital.
1.
The measurement
of the distance between the place of business where alcoholic beverages
are sold and the church or public hospital shall be along the property
lines of the street fronts and from front door to front door, and
in direct line across intersections. The measurement of the distance
between the place of business where alcoholic beverages are sold and
the public or private school shall be:
(A)
in
a direct line from the property line of the public or private school
to the property line of the place of business, and in a direct line
across intersections; or
(B)
if
the permit or license holder is located on or above the fifth story
of a multi-story building, in a direct line from the property line
of the public or private school to the property line of the place
of business, in a direct line across intersections, and vertically
up the building at the property line to the base of the floor on which
the permit or license holder is located.
|
Section 403(c) does not apply to:
| |
|
(A)
|
an alcohol permit sales holder who also holds a food and beverage
certificate who is located within 300 feet of a private school[.]
|
|
(B)
|
a alcohol permittee whose premise prohibits minors from entering
pursuant to Section 109.53 of the Texas Alcoholic Beverage Code who
is located within 300 feet of a private school.
|
d.
A use which
meets the definition of “Bar or Tavern” may not be located
within 500 feet of a church, school, hospital or residence.
(Ordinance 151A adopted 7/27/09)
No outdoor speakers used in conjunction with the sales of cars
or trucks are permitted within 500 feet of any residential zoning
district or any lot or tract of land occupied by a residential use.
(Ordinance 151 adopted 3/24/03)
A Bed and Breakfast may be allowed as a special 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 New Deal.
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 R-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 151 adopted 3/24/03)
To qualify as a community home allowable as Household Living,
a residence must conform to all standards of this Section.
a.
A Community
Home must be:
i.
a community-based
residential home operated by:
A.
the Texas
Department of Mental Health and Mental Retardation,
B.
community
center organized under Subchapter A, Chapter 534, Health and Safety
Code, that provides services to persons with disabilities,
C.
an entity
subject to the Texas Non-Profit Corporation Act (Article 1396-1.01
et seq., Vernon’s Texas Civil Statutes), or
D.
[Reserved]
E.
an entity
certified by the Texas Department of Human Services as a provider
under the medical assistance program serving persons in intermediate
care facilities for persons with mental retardation; or
F.
a personal
care facility licensed under Chapter 247, Health and Safety Code,
provided that the exterior structure retains compatibility with surrounding
residential buildings. See Section 123.004 in the Texas Human Relations
[Resources] Code.
c.
Subject to
variance procedures, not more than six persons with disabilities (as
defined in this Zoning Ordinance) and two supervisors may reside in
a community home at the same time. The limitation or [on] number of
persons with disabilities applies regardless of the legal relationship
of those persons to one another.
d.
A Community
Home must meet all applicable licensing requirements.
e.
A Community
Home shall not be established within one-half mile of an existing
Community Home.
f.
The residents
of a Community Home shall not keep for the use of residents of the
home, either on the premises or on a public right-of-way adjacent
to that home, motor vehicles in numbers exceeding the number of bedrooms
in that home.
(Ordinance 151 adopted 3/24/03)
In all except M1 and M2 Districts, the following limitations
shall apply to operation of firearms ranges:
a.
Firearms
ranges shall be completely enclosed within a building.
b.
Any noise
emanating from discharge of firearms shall not be audible beyond the
boundaries of the lot or tract of land where the firearms range is
located.
(Ordinance 151 adopted 3/24/03)
No Game Hall 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 151 adopted 3/24/03)
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.
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 151 adopted 3/24/03)
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
residentially zoned lot located outside the golf driving range.
(Ordinance 151 adopted 3/24/03)
In order to provide peace, quiet and domestic tranquility within
all residential neighborhoods within the City and in order to help
all residents gain freedom from excessive noise, excessive traffic,
nuisance, fire hazards and other possible side effects of commercial
uses being conducted in residential areas, the following standards
shall apply to all home occupations.
1.
Criteria
a.
No person,
other than members of the family who reside in the dwelling where
a home occupation occurs, may engage in such occupation, profession,
domestic craft, instructional or economic enterprise.
b.
The area
utilized for the home occupation shall not exceed 25% of the gross
floor area of the principal building where the home occupation occurs.
c.
In no way
shall the appearance of the structure be altered or the occupation
be conducted in a manner which would cause the premises to differ
from its residential character either by the use of colors, materials,
construction, lighting or the emissions of sounds, noise or vibrations.
A home occupation shall produce no offensive noise, dust, odors or
heat. A home occupation shall be completely contained within the principal
building. Any noise, vibration, smoke, electrical interference, dust,
odors, heat or visual or audio interference detectable beyond the
property lines or beyond the walls of the dwelling unit, if the unit
is part of a multifamily structure, shall constitute a violation of
the terms of this Section.
d.
No detached
accessory building may be used in conjunction with a home occupation.
e.
All material,
equipment, and/or supplies used in conjunction with a home occupation
shall be completely enclosed with no exterior storage, temporary or
permanent, allowed.
f.
No stock,
goods, wares or merchandise shall be sold on the premises other than
that which is prepared or produced upon the premises. Direct sales
on the premises of other merchandise is allowed by prior individualized
invitation.
g.
Signage
for home occupations shall be limited to one non-illuminated sign
with a maximum area of two square feet.
h.
Delivery
and pickup of materials to and from the home occupation shall not
exceed two trips per week by a commercial vehicle.
2.
Allowed
Uses
a.
Allowed
home occupations include, but are not limited to, the following.
i.
Teaching,
tutoring, counseling or treatment of persons at a residence, so long
as such services are provided to no more than 10 persons per day (at
that residence) and for no more than 6 days per week.
ii.
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.
3.
Inspection
Home Occupation operators shall permit a reasonable inspection
of the premises by the Zoning Administrator to determine compliance
with this Section.
(Ordinance 151 adopted 3/24/03)
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.
b.
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.
Travel Trailers
and Recreational Vehicles (RVs)
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 Zoning Administrator. 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 151 adopted 3/24/03)
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 151 adopted 3/24/03)
Off-Premise signs as regulated by this ordinance include commercial
signs which advertise a business or commercial activity located on
a different tract or parcel of land from the tract upon which the
sign is located.
Such Off-premise signs do not include:
1.
Billboards
located on leased land constructed so that they contain least 60 square
feet of sign space and which are elevated at least 15 feet above the
surface of the land upon which they are located:
2.
Real Estate
advertising signs advertising for sale the real estate;
3.
Political
or other noncommercial advertising.
|
414.01. Off-Premise Commercial Signs Prohibited.
|
|
It shall be a violation of this ordinance for any person[,]
firm or corporation to place, permit, erect, construct or allow to
be placed upon any property within the City of New Deal any Off-Premise
Commercial Sign other than temporary garage sale signs.
|
|
414.02. No sign may be located in the public rights-of-way other
than official signs of the Texas Department of Transportation.
|
(Ordinance 151B adopted 8/30/10)
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 151 adopted 3/24/03)
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 noise in excess of 45 dB(A) between the hours
of 10:00 p.m. and 6:00 a.m. or in excess of 55 dB(A) at all other
times, as measured at the lot line of any residential use.
c.
All outdoor
seating areas shall be included in the calculation of off-street parking
requirements in Article 5. The addition of outdoor seating without
the requisite minimum number of off-street parking spaces shall be
considered a violation of this Zoning Ordinance.
(Ordinance 151 adopted 3/24/03)
Self-service storage facilities shall be allowed as a conditional
use following approval by the City Council and subject to the following
standards.
a.
The facility
shall be situated in a manner that avoids having substantial activity
unreasonably close to any R1 or MF zoning district.
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 20 amperes, with no more than
one duplex outlet providing single-phase electrical service of no
more than 110 volts.
e.
Each individual
unit shall be directly accessible from a paved apron that is improved
to the same standards generally required for off-street parking areas,
and the paved apron shall include a paved extension to the pavement
on an adjoining street.
(Ordinance 151 adopted 3/24/03)
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.
a.
Access
to the tower shall be through a locked gate in the required fence
or wall.
b.
If high
voltage is necessary for the operation of the telecommunication tower
and such high voltages are present in a ground grid or in the tower,
signs located every 20 feet and attached to the fence or wall shall
display in large bold letters the following: “HIGH VOLTAGE–DANGER.”
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 151 adopted 3/24/03)
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 marshaling 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 mobile
home, 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 151 adopted 3/24/03)
In Commercial Districts, no vehicle service use shall occupy
a facility with more than three service bays. Allowed services 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.
(Ordinance 151 adopted 3/24/03)
Where allowed only as a conditional use, waste-related uses
shall be subject to approval by the City Council [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 151 adopted 3/24/03)
