DIVISION II-3 USE STANDARDS

Generally.

Uses shown as conditional may be approved only if they meet the standards of this article and other applicable standards and requirements of this CDO.

Timing of compliance.

These standards apply at the time a conditional use is requested for an existing or new structure, or when an existing conditional use is proposed to be expanded by more than ten percent of the gross square footage currently devoted to the use.

Expansions.

This section applies to an expansion of use whether it is to or within an existing building, in an outdoor area devoted to the use, or a combination of thereof.

Uses not listed.

If there are conditional uses specified in division II-2, zoning districts, that are not included in this section, all applicable standards of this CDO shall apply.

Procedures.

For conditional uses, the administrator shall use the criteria set out in this section to determine whether to authorize a land use requested by an applicant or whether to recommend it for a decision of the planning and zoning commission.

Other applicable standards.

The standards of this section are applied in addition to the other applicable standards of this CDO, specifically including:

Article III, site development;

Article IV, subdivision regulations; and

Article VII, permits and procedures.

Standards for residential uses.

Apartments in the semi-urban (SU) district.

Apartment buildings and complexes are permitted within a planned neighborhood subject to its standards and procedures.

Apartments in the Downtown District (DD).

Apartments are permitted in the Down-town District provided that the density does not surpass what is allowed in the SU District. An additional increase of 10 units per acre is allowed within 150 feet of Harris Street. Additionally, 70 percent of all units must be above a commercial use and not located on the ground floor. Ground floor units shall not be visible from FM 1093, Huggins Road, Wallis Street, Harris Street, Katy-Fulshear Road, or FM 359.

Child care, family home and child care facility, group home.

The operator shall meet all the certification, licensing, and/or monitoring requirements of the State of Texas;

The operator shall comply with all home occupation requirements; and

Signage is restricted to a single two square foot non-illuminated placard or nameplate that must be affixed flat against the exterior wall of the home.

Single-family attached, patio homes, and townhomes in the Down-town District (DD).

The use is permitted:

Provided that it is within 500 feet of any combination of existing or permitted structures used for any two or more of the following uses or parcels restricted by either recorded plat or general plan approved by the City Council to any two or more of the following uses:

A park;

Common public space which contains a minimum of one active recreational apparatus or Common public green space that includes the preservation of one or more trees that are 12 inches or greater in diameter at breast height and make up 10% of the overall property by dripline area;

A commercial business;

A school;

A place of worship;

Public Institution such as a courthouse, library, museum, or municipal facility.

If the ground floor area of each unit is less than 1,000 sq. ft. in size;

If the building's are oriented around a common green space;

If parking is situated towards the rear or interior of the property

Standards for agricultural uses.

Kennel/animal shelter.

A kennel with one or more dog runs must comply with the following standards:

A type B bufferyard (See section 28-3-27, bufferyards) with an opaque fence or wall is required along the property line of any residential district and adjacent to a public street;

The use is located at least 100 feet from all other residential districts;

The run(s) may not be used after 9:00 p.m. or before 7:00 a.m.;

The minimum lot area is one acre;

In a multi-tenant building, ventilation systems shall control odors and allergens and prevent their circulation into other parts of the building; and

Fencing does not exceed six feet in height or eight feet in the IN district.

Stable.

A stable shall be located no less than 100 feet from any property line.

(e)

Standards for public, institutional, and utility uses.

Day care center/pre-school.

The operator shall meet all the certification, licensing, and/or monitoring requirements of the State of Texas;

No portion of a day care center/preschool site may be located within 300 feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive or highly combustible materials;

All outdoor activities shall be located a minimum of 50 feet from any residential use and separated by 50 feet and a type B bufferyard (See section 28-3-27, bufferyards) from any other residential district; and

There is adequate space on-site for temporary parking and drop-off and pick-up during peak times.

Day care centers/preschools located within the Downtown District shall maintain a pedestrian sense of scale, including limited use of vehicular features. Drive-throughs are prohibited.

Government service (police, fire, emergency medical services).

Direct vehicular access shall be provided from a collector or arterial street or highway; and

The use shall be separated by a type B bufferyard (See section 28-3-27, bufferyards) from any other residential district.

Place of assembly, indoor.

Expansion of the use meets the following criteria and standards:

The expansion will not encroach within 50 feet of residential use or district.

A type B bufferyard (See section 28-3-27, bufferyards) is required adjacent to all residential uses and districts; and

Vehicular access is taken from a collector or arterial street or highway;

The use must be located in a permanent structure.

The use is conducted such that it does not create parking or traffic congestion or unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence; and

In the ER, SR, and SU districts, the use complies with table 28-2-16, standards for places of assembly.

Table 28-2-16 Standards for Places of Assembly
Standard	Zoning District
Standard	ER	SR	SU
Min. Lot Area	3 ac.	0.5 ac.	20,000 sf.
Min. Lot Width	200 ft.	90 ft.	70 ft.
Min. Building Setbacks (all sides)	20 ft.	35 ft.	Same as underlying district
Required Access	Collector Street	Collector or Arterial Street	Arterial Street or Highway
Required bufferyard along residential property lines	Type A	Type B	Type C

School, primary.

Off-street parking is prohibited on non-contiguous lots; and

Vehicular access is taken from a collector or arterial street.

(f)

Standards for commercial uses.

Alcoholic beverage sales, on- or off-site consumption.

The use shall be in compliance with the Texas Alcoholic Beverage Code;

The applicant shall provide notice to places of public assembly, public or private schools, and day cares that are within 500 feet of the proposed use.

Alternative financial services.

The use:

Shall not be located on a site that is within:

1,000 feet of a site that contains another tobacco specialty store use;

200 feet of a property in a district in which a residential use is allowed or located;

300 feet of a place of assembly, school, or hospital; and

500 feet of the right-of-way of FM 359, FM 1093, or Texas Heritage Parkway.

Shall only be located within a freestanding structure and may not be co-located in the same structure with other uses.

Automobile and vehicle wash.

Ordering/pay stations facing abutting residentially zoned or used property shall be buffered with a type B bufferyard (See section 28-3-27, bufferyards);

Each vehicle wash bay shall provide a minimum of three stacking spaces per vehicle wash bay;

Stacking spaces shall measure eight feet by 20 feet with direct forward access to any payment station and wash bays, which does not occupy any circulation driveway, required off-street parking space, or maneuvering area;

Use a water reclamation system to collect a minimum of 50% of the water used; and

Not be located within 2,500 feet of another automobile/vehicle wash.

Bank, credit union, and financial services.

When including a drive-through facility the facility shall:

Not be located within the front yard;

Customer service stations facing abutting residentially zoned or used property shall be buffered with a type B bufferyard (see section 28-3-27, bufferyards);

Each service window or station, human or mechanical, shall provide a minimum of five stacking spaces; and

Stacking spaces shall measure eight feet by 20 feet with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area.

Conference and convention center.

If the use is located within 400 feet from a residentially zoned property then the use shall be prohibited from operating between 10:00 p.m. and 6:00 a.m.

Driving range, freestanding.

If the use is located within 400 feet from a residentially zoned property then the use shall be prohibited from operating between 10:00 p.m. and 6:00 a.m.

(7)

Gas stations/service stations.

The use

Shall have an alternate emergency power source such as a generator or to maintain full operation;

(8)

Gambling/gaming facility.

The use

May not be located on a site that is within:

One thousand feet of a site that contains another gaming establishment;

Two hundred feet of a property in a district in which a residential use is allowed or located;

Three hundred feet of a place of assembly, school, or hospital; and

Five hundred feet of the right-of-way of FM 359, FM 1093, or Texas Heritage Parkway.

Shall be located within a freestanding structure and may not be co-located in the same structure with other uses.

(9)

Golf course.

If the use is located within 400 feet from a residentially zoned property then the use shall be prohibited from operating between 10:00 p.m. and 6:00 a.m.

(10)

Greenhouse/nursery/garden center.

Outdoor display areas shall be enclosed with a fence or wall that is in compliance with section 28-3-28, landscaping and screening;

Bags of mulch, sand, pebbles, rock, or other non-vegetative ground covers will not be stacked to a height in excess of six feet; and

The display of goods, materials, and merchandise will not be located in a parking lot or reduce the minimum required parking or loading for the use.

(11)

Grocery/retail.

Downtown (DD) district.

The use may exceed 35,000 sq. ft., but shall be limited to 200,000 sq. ft. so long as the use meets the following conditions:

All loading bays, trash receptacles, and mechanical equipment shall be screened from the street, customer parking lot, adjacent residential areas, and pedestrian pathways;

All buildings within the site shall be connected to each other vehicularly and by five-foot wide pedestrian sidewalks. Furthermore, sidewalks shall connect to property lines to allow for future connections by adjacent development, and where adjacent connections already exist developer shall make similar connections;

Two or more of the following elements must be included within or adjacent to pedestrian pathways: a patio/seating areas, pedestrian plazas with benches that constitute a minimum area of 5% of the overall development, outdoor play areas with play structures and other appurtenances, a water feature, a clock tower, a 10 foot wide paved, raised, and landscaped area in the center of the parking area, or major mural or art feature;

Wall signs shall be limited to 500 sq. ft. for branding logo signs and can be installed on two sides of the principal structure. Wall signs no more than 5% of the facade can be installed on two sides of the principal structure. Ancillary uses that are within the principal structure are allowed one wall sign each and shall comply with all other regulations within the Fulshear Code for signage within the General Commercial (GC) District;

All facades, except for the rear, shall provide some relief by change in materials and depth in addition to the installation of landscaping near the entrances within the front facade and canopy trees along the rear of the principle structure in an effort to ameliorate the rear of the building;

vi.

All detention facilities shall be wet-bottomed and incorporate amenities;

vii.

The building must be located along a TxDOT roadway.

General commercial (GC) district.

Within 300 feet of the DD district the use shall not exceed 50,000 sq. ft.

Drive-throughs within the Downtown District shall only be allowed on parcels that front TxDOT right-of-way including but not limited to FM 1093 and FM 359.

(12)

Health and fitness club.

If the use is located within 400 feet from a residentially zoned property then the use shall be prohibited from operating between 10:00 p.m. and 6:00 a.m.

(13)

Heavy machinery sales and rentals.

All equipment stored outside the principal business shall:

Be located on an asphalt or concrete surface;

Not be located on any minimum required parking spaces for the use; and

Located outside of the right-of-way.

No inoperable materials are stored on-site, unless within an enclosed building, or otherwise totally screened from view.

(14)

Lumber yard.

Direct vehicular access shall be provided from a collector or arterial street or highway;

The use shall be located such that truck traffic can access the use without traveling on public right-of-way within or adjacent to any residential district or use, or adjacent to any park or recreational area or facility.

Outdoor storage areas shall:

Be limited to no more than 30 percent of the gross floor area of the principal building;

Be located in the side or rear yard, provided they do not abut a residential district or use;

Be used only for the storage of lumber and associated materials and not for storage of solid or liquid waste, inoperable machinery or vehicles, or materials that generate dust or attract pests;

Be on an improved hard surface (including crushed granite);

Be enclosed by an approved fence or wall (see section 28-3-19, fences and walls) with a minimum height equal to that of the stored and/or displayed materials and not exceeding the height of the principal building; and

vi.

Not reduce the required minimum parking required. (See division III-2, parking, loading, and access).

The use shall be surrounded by a type B bufferyard. (See section 28-3-27, bufferyards).

(15)

Massage parlor.

Each facility established after the effective date of this ordinance must meet the following (unless the use is exempt per V.T.C.A., Texas Occupations Code § 455.155):

The use may only operate between the hours of 8:00 a.m. to 10:00 p.m. each day;

Outside windows of a massage establishment shall be transparent and the view from the outside into the lobby or waiting area shall be unobstructed;

All doors shall remain unlocked during the normal business hours;

At no time shall a massage establishment provide a residence or dwelling to accompany this occupancy; and

Licenses issued by the state for the establishment and the people working in it who are required to have a state license must be displayed and easily viewable with the lobby or waiting area.

(16)

Office, general; medical clinics, offices, and labs; and urgent care centers.

In the SC district, the gross floor area of the principal use shall not exceed 17,000 square feet.

(17)

Hotel, full service and hotel, residence.

All hotels shall meet the following minimum standards:

Incorporate an attached, covered, drive-through area adjacent to the main building entry and lobby area for the temporary parking of vehicles during guest check-in and check-out. However, if the use is located within the Downtown District, then the drive-through is not required; but, if included, may not negatively affect the streetscape or pedestrian scale of the Downtown District.

Hotels shall be located on a site of no less than three acres; and

Management staff shall be on-site for 24 hours a day, seven days a week;

Hotels that provide direct access to guest rooms from exterior doorways are prohibited;

All guest rooms are accessed from an interior corridor which is accessible primarily from an interior lobby area, and no guest room has any direct exterior doorway;

Outdoor swimming pool areas and outdoor sports courts shall be screened from ground-level public view from any public street right-of-way, public plaza/space, public parking area, and area of residential use through a combination of these facility's location on the site relative to the hotel buildings and the following:

Installation of permanent screening walls designed in accordance with standards established in subsection 28-3-28(d), nonresidential and multifamily uses and constructed with materials and colors that match or are consistent with the design of the principal building; or

A type A bufferyard shall be required around the perimeter of the outdoor swimming pool facility.

All hotels shall include a minimum of three of the following amenities:

Meeting rooms of at least 1,000 square feet;

Designated areas for the service of continental breakfast;

Full-service restaurant available to both hotel guests and other patrons with a minimum capacity of 50 seats.

Full-service spa facility;

Combination indoor/outdoor swimming pool;

vi.

Indoor swimming pool;

vii.

Outdoor swimming pool;

viii.

Fitness center/weight room; or

ix.

Outdoor landscaped seating and gathering area for guest use with amenities such as:

Fountains or other water features;

Outdoor fireplaces or fire pits;

Gazebo or other space for wedding or group photographs; or

Other amenities conducive to guest leisure during a hotel stay.

All uses defined as hotel, residence in section 28-9-3, land use definitions, shall also include self-service laundry facilities on-site for guest use.

Uses defined as hotel, full service in section 28-9-3, land use definitions, shall not equip more than five percent of the total guest rooms with cooking equipment except for a microwave oven.

(18)

Pawn shop.

The use:

Shall not be located on a site that is within:

One thousand feet of a site that contains another tobacco specialty store use;

Two hundred feet of a property in a district in which a residential use is allowed or located;

Three hundred feet of a place of assembly, school, or hospital; and

Five hundred feet of the right-of-way of FM 359, FM 1093, or Texas Heritage Parkway.

Shall only be located within a freestanding structure and may not be co-located in the same structure with other uses.

(19)

Private club.

Shall not be located on a site that is within:

One thousand feet of a site that contains another private club use;

Two hundred feet of a property in a district in which a residential use is allowed or located;

Five hundred feet of the right-of-way of FM 359; or

A freestanding structure and may not be co-located in the same structure with other uses.

(20)

Psychic, tarot, and palm reader services.

The use:

Shall not be located on a site that is within:

One thousand feet of a site that contains another psychic services use;

Two hundred feet of a property in a district in which a residential use is allowed or located;

Three hundred feet of a place of assembly, school, or hospital; and

Five hundred feet of the right-of-way of FM 359, FM 1093, or Texas Heritage Parkway.

Shall only be located within a freestanding structure and may not be co-located in the same structure with other uses.

(21)

Recreation and commercial amusement, indoor.

If the use is located within 400 feet from a residentially zoned property then the use shall be prohibited from operating between 10:00 p.m. and 6:00 a.m.

(22)

Recreation and commercial amusement, outdoor.

Amphitheater stages and drive-in screens shall face away from the nearest residential uses; and

If the use is located within 400 feet from a residentially zoned property then the use shall be prohibited from operating between 10:00 p.m. and 6:00 a.m.

(23)

Restaurant, drive-through.

The drive-through shall not be located within the front yard;

Ordering stations facing abutting residentially zoned or used property shall be buffered with a type B bufferyard (See section 28-3-27, bufferyards), and ordering stations shall not be located in the front yard of the restaurant or between the entryway and street;

Each service window or station, human or mechanical, shall provide a minimum of five stacking spaces; and

Drive-throughs within the Downtown District shall only be allowed on parcels that front a TxDOT including but not limited to FM 1093 and FM 359.

(24)

Restaurant, brewpub, winery or distillery.

The requirements of subsection (f)(1) of this section, alcoholic beverage sales, on- or off-site consumption, shall apply if alcoholic beverages are to be served;

No outdoor storage is allowed on-site;

All beverage production activities shall be located within a completely enclosed building, and, in the DD district, designed with noise-resistant materials;

All by-products or waste from production of beverages shall be disposed of off-site;

Loading docks and service doors shall not be oriented or face a residentially zoned or used property; and

The use shall be separated from residential districts and uses by a type B bufferyard. (See section 28-3-27, bufferyards)

(25)

Shooting or archery range, indoor.

If the use is located within 400 feet from a residentially zoned property then the use shall be prohibited from operating between 10:00 p.m. and 6:00 a.m.

(26)

Tattoo parlors and body piercing establishments.

The use within:

Shall not be located on a site (as either a primary or accessory use) that is:

One thousand feet of a site that contains tattoo parlor and body piercing establishment;

Two hundred feet of a property in a district in which a residential use is allowed or located;

Three hundred feet of a place of assembly, school, or hospital; and

Five hundred feet of the right-of-way of FM 359, FM 1093, or Texas Heritage Parkway.

Shall only be located within a freestanding structure and may not be co-located in the same structure with other uses.

(27)

Veterinary clinic, small animal.

Small animal veterinary clinics in the Downtown District shall not have any outdoor kennels; and, if in a multi-tenant building, shall have a ventilation system to control odors and allergens and to prevent circulation into other parts of the building.

(28)

Dry cleaning establishments in the Downtown District (DD).

Dry cleaning establishments in the Downtown District shall not have a drive-through.

(29)

Mobile vending/food trucks.

The use:

Shall not be located in between a public right-of-way and the primary entrance of any other commercial business;

Shall be served by a restroom facility, with written authorization given by the owner of the facility if necessary;

Shall have received an approved City of Fulshear health permit;

Shall vacate the site while closed for business.

(g)

Transportation, utility, and communication uses.

Water storage facility.

Direct vehicle access is provided from a road classified as a collector, arterial, or major thoroughfare.

(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1427, 7-18-2023; Ord. No. 2023-1433, 9-19-2023; Ord. No. 2024-1453, 4-16-2024; Ord. No. 2025-1481, 3-18-2025; Ord. No. 2025-1483, 4-15-2025; Ord. No. 2025-1485, 5-6-2025)

§ 28-2-17 Specific use standards.

Purpose.

This section sets out the criteria to be used in deciding the appropriateness of a specific use and the application of standards or conditions for such uses. The standards of this section apply to all specific uses set out in division II-2, zoning districts.

Specific use permit required.

A specific use permit is required for:

All residential and non-residential land uses identified as a specific use in division II-2, zoning districts.

A land use that is being proposed to be transferred from a legally nonconforming use to be legally conforming per division V-3, conversion of nonconforming uses.

Criteria.

In review of specific use permit applications pursuant to the specific uses established in the by zoning district; the administrator, the planning and zoning commission, and the city council shall utilize the following criteria:

The proposed specific use will operate or be designed in a manner that does not diminish the use or functionality of surrounding properties;

Provisions for hours of operation, parking and loading areas, driveways, lighting, signs, landscaping, buffering, and other site improvements have been provided;

Adequate public services (such as: streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police and fire protection) must be available without the reduction of services to any existing uses;

The proposed use will incorporate design features to sufficiently protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing and building placement; and

The proposed use is compatible with adjacent existing uses. Compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse environmental impacts, including noise and lighting, or other undesirable conditions.

Additional standards for sexually oriented businesses.

In addition to complying with all provisions within this section, all land uses that qualify as a sexually oriented business must fully comply with the standards established in section 28-2-18, sexually oriented businesses to receive a specific use permit.

(e)

Conditional approval.

The city council may require additional conditions above the standards listed in subsection 28-2-17(c), above to reasonably mitigate any adverse impacts upon surrounding properties in the zoning district of the property for which the specific use is requested.

(f)

Standards for residential uses.

Manufactured home.

The structure must be compliant with the U.S. Housing and Urban Development (HUD) Code and shall meet the following standards:

The manufactured home must be located within a manufactured home park and must comply with all provisions of seciton 28-3-5, manufactured homes;

The home may have no less than 900 square feet of floor area and a minimum exterior with of 18 feet;

The roof shall be pitched with a minimum vertical rise of two and one-half inches for each 12 inches of horizontal run; and

The home shall have wheels, axles, transporting lights, and removable towing apparatus removed.

Manufactured home park.

All manufactured homes must be compliant with the U.S. Housing and Urban Development (HUD) Code and built on a permanent foundation. Mobile homes are prohibited.

A certification of compliance with all ordinances and regulations regarding manufactured home licensing, zoning, health, plumbing, electrical, building, fire protection, and any other applicable requirements shall be required.

All individual manufactured home units and common facilities shall be supplied with an adequate supply of hot and cold water for both drinking and domestic purposes and standard electrical service, providing at least one 120-volt and one 240-volt electrical service outlet to each manufactured home space.

Each individual manufactured home within the manufactured home park must meet all specific use standards of this section.

(g)

Standards for nonresidential uses.

Junkyard, salvage yard, and wrecking yard.

All material shall be stored within a fully enclosed building, or otherwise screened 100 percent from view, consistent with the screening requirements in section 28-3-28, screening and fencing.

Kennel/animal shelter.

A kennel with one or more dog runs must comply with the following standards:

A type B bufferyard with an opaque fence or wall is required along the property line of any residential district and adjacent to a public street;

The use is located at least 100 feet from all other residential districts or is sound attenuated such that the sound is not audible at the property line;

The run(s) may not be used after 9:00 p.m. or before 7:00 a.m.;

The minimum lot area is one acre;

In a multi-tenant building, ventilation systems shall control odors and allergens and prevent their circulation into other parts of the building; and

Fencing does not exceed six feet in height or eight feet in the IN district.

Manufacturing, heavy.

All heavy manufacturing uses shall:

Be located no closer than 500 feet from any residential district or use as measured along a straight line from the closest lot lines;

Take access from an arterial or collector street;

Be surrounded by a type C bufferyard (See section 28-3-27, bufferyards.);

Have a truck routing plan created showing the ingress and egress locations to the site that shows how the site will not be accessed by a local street; and

Have all activities will take place within an enclosed building.

(h)

Wireless communications tower.

Residential test area

means the circular area, as described herein, surrounding a proposed tower structure. The radius of the circle shall be at least 200 feet and not more than 400 feet, and the center of the circular area shall correspond to the center of the base of the proposed tower structure. The radius of the circular area shall conform to the following ratios:

200-foot radius at a tower height of 100 feet or less.

300-foot radius at a tower height of more than 100 feet but not more than 150 feet.

400-foot radius at a tower height of more than 150 feet.

Certain towers prohibited.

Towers that are supported in whole or in part, by guy wires and ground anchors are not allowed in the city.

Security fence.

The base of a tower shall be completely enclosed by a fence, wall, or barrier which limits climbing access to the tower and any supporting systems, lines, wires, buildings, or other structures.

The fence, wall or barrier required by subsection (a) of this section shall not be less than eight feet in height with no openings, holes or gaps larger than four inches measured in any direction. Gates and doors opening directly into the area enclosed by a fence, wall or barrier, as required by this section, shall be equipped with a lock to keep and capable of keeping the doors or gates securely closed and locked at all times.

Screening fence.

The base of a tower, including all mechanical equipment and accessory structures, shall be screened from view of residential lots by existing vegetation or other barrier, or if no existing vegetation or other barrier exists, a wooden, substantially opaque screening fence designed and built to provide privacy with a minimum height of eight feet.

The screening fence may contain gates or doors allowing access to the tower and accessory structures for maintenance purposes, which shall be kept completely closed except for maintenance purposes and shall be located a minimum of 18 feet from the public right-of-way.

§ 28-2-18 Sexually oriented businesses.

Landscaping.

A tower site shall have landscaping maintained in a healthy, growing condition at all times and in compliance with all applicable ordinances, deed restrictions and regulations.

At a minimum, a tower site shall have one large evergreen shrub capable of reaching a minimum height of four feet for each four linear feet of required screening fence; provided that not less than eight large shrubs shall be provided for each tower site. The shrubs required by this subsection shall be installed at the tower site along the exterior side of the screening fence. All shrubs provided pursuant to this subsection shall be installed at the tower site along the exterior side of the screening fence.

At a minimum, a tower site shall have one evergreen tree, with a minimum DBH of four inches, for each 50 linear feet of required screening fence; provided that not less than one such tree shall be provided for each public right-of-way or private street which borders the tract upon which such tower is located.

The person or entity who owns the property on which the wireless communications tower is constructed shall have complete responsibility for the maintenance of all landscaping required by this section.

(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2025-1502, 9-16-2025)

Purpose.

It is the purpose of this section to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent, nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

Applicability.

This section shall apply to any of the following:

The opening or commencement of any sexually oriented business as a new business;

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or

The addition of any sexually oriented business to any other existing sexually oriented business.

Supplemental standards.

In no event shall usage of land or structures for sexually oriented businesses be approved unless they meet the following supplementary use standards:

Distance from specific land uses.

A sexually oriented business shall be located at least 1,000 feet from a place of public assembly, a school, a day care facility, the boundary of a residential area, a property zoned residential or commercial, a public park, the property line of a lot devoted to residential uses, any building or structure in which alcoholic beverages are offered for sale, a hospital, public library, a recreational center, a public swimming pool, or another sexually oriented business. Measurements for purposes of this section shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the land uses listed above.

§ 28-2-19 Accessory and temporary use standards.

Subsequent land use approval.

A sexually oriented business lawfully operating under the terms of this section is not rendered in violation of this section by the subsequent location of a church, public or private elementary or secondary school, day care center, public park, area subsequently zoned residential, or subsequently put to residential use.

(Ord. No. 2020-1331, 9-15-2020)

Generally.

This section shall apply to all accessory uses, buildings and structures.

Applicability.

Principal uses classified as permitted uses by the district regulations of this article shall be deemed to include accessory uses and activities that are customarily associated with, and appropriate, incidental and subordinate to, permitted uses. Accessory uses and activities shall be subject to the same regulations as principal uses unless otherwise stated.

Accessory use standards.

Accessory building height.

Accessory buildings subject to a restrictive covenant governing height shall not exceed the maximum height permitted by such restrictive covenant. In the absence of a restrictive covenant governing height, the height of accessory buildings may not exceed 12 feet. Notwithstanding the foregoing, the maximum height for barns and sheds in the ER districts shall not exceed 40 feet.

Residential accessory uses.

Shall include, but not be limited to, the following accessory uses, activities and structures:

Fences and walls. (See section 28-3-28, screening and fencing);

Garages, carports and off-street parking areas (garages, carports, and off-street parking areas not attached to the main residence shall be of the same architectural façade and building style, materiality, and proportions as the main residence structure;

Gates and guard houses;

Playhouses, patios, cabanas, porches, gazebos and incidental household storage buildings;

Radio and television receiving antennas and support structures, except ham radio towers;

Recreational facilities for the use of residents;

Keeping of domestic animals for noncommercial purposes;

Solar energy systems; and

Other necessary and customary uses determined by the building official or administrator to be appropriate, incidental and subordinate to the principal use on the lot.

Retail, commercial, office, and industrial accessory uses.

Shall include, but not be limited to, the following accessory uses, activities and structures:

Fences and walls;

Gates and guard houses;

Dwelling units for security or maintenance personnel;

Parking garages and off-street parking areas;

Radio and television receiving antennas and support structures;

On-premises signs;

Solar energy systems;

Accessory structures for training employees and/or volunteers that are associated with the permitted land use of Governmental Service (Police, Fire, EMS); and

Other necessary and customary uses determined by the administrator to be appropriate, incidental and subordinate to the principal use on the lot.

Accessory dwelling unit.

Generally.

Either the principal or accessory unit must be occupied by the property owner;

One additional parking place must be available on the lot;

All utility connections and services shall be for the address of the principal dwelling only; and

Garages may not be converted unless replacement garage spaces are provided elsewhere on the lot.

Attached units.

The accessory dwelling may be no larger than 25 percent of the gross floor area of the principal dwelling;

If included as a second story above a garage, the height may not exceed that of the principal dwelling;

When a principal dwelling is expanded to accommodate an attached unit, the expansion shall be designed and finished to match the design, materials, and color(s) of the principal dwelling; and

Exterior doors to the accessory dwelling may not be located on a front or corner street yard.

Detached units.

The accessory dwelling may be no larger than 40 percent of the gross floor area of the principal dwelling;

A minimum of 20 feet must separate the principal and accessory dwellings; and

The accessory dwelling may not exceed the height of the principal dwelling.

Bed and breakfast.

The minimum gross habitable floor area is not less than 400 square feet per rooming unit;

The lot is conforming relative to the standards of this CDO;

Meals are for overnight guests only (use of the home for an external catering service is prohibited);

Private events are allowed only by issuance of a specific use permit;

There may be only one non-resident employee;

The home is inspected and has a written record indicating that it meets all applicable building and fire codes prior to occupancy;

The principal use of the bed and breakfast home is a single-family dwelling;

The business is conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence; and

Signage is limited to a maximum two-square-foot single, non-illuminated placard or nameplate that is affixed flat against the exterior wall of the home.

Child care, family home and child care facility, group home.

The operator must reside on the premises;

The use shall be clearly accessory to the residential use;

The use shall meet state registration and licensing requirements;

The resident operator, if not the owner of the property, shall provide a letter of authorization from the property owner.

Outdoor play areas are enclosed by a fence that is at least six feet in height.

The use shall be accessed by a public street.

(7)

Community garden.

Floor area of all structures shall not exceed 15 percent of the total lot area;

Composting shall be limited to plant materials generated on-site and non-vegetative materials such as wood chips; and

Water for purposes of maintaining the garden and for dust suppression shall be available on the site, either in the form of a water collection system or an on-site or off-site connection to the municipal water service.

(8)

Home occupation.

The occupation shall be conducted entirely within the principal dwelling.

Wholesale and retail sales and services are prohibited where the buying and selling transaction occurs on the residential property. Nothing in this regulation shall preclude transactions made entirely online.

Signage identifying the home occupation is prohibited.

There shall be no visible storage of equipment, products, or materials from any public right-of-way.

The use shall not create undue noise, vibration, or odors.

The occupation does not require the delivery or shipment of materials, merchandise, goods, or equipment by any means other than passenger motor vehicles, one-ton step-up vans, or similar-sized trucks that are less than seven tons gross vehicle weight.

No persons other than the immediate family residing at the home may work at the home occupation.

Parking needs generated by the home occupation must be satisfied on-site without any automobile parking in the public right-of-way.

The occupation must be operated in accordance with all applicable state and federal laws and, if a state permit is required, such permit shall be obtained prior to beginning operation.

Temporary use standards.

The following temporary use standards are permitted through a temporary use permit. See section 28-7-20, temporary use permit.

Model homes.

Notwithstanding any provision of this article, model homes may be constructed in a residential subdivision after approval of the final plat and installation of all required improvements, subject to the following:

Installation timeframe.

Construction of model homes may begin upon completion of all public improvements in the subdivision. The model home may only be occupied for sales and display purposes upon completion of the street leading to the model home and for 50 feet thereafter.

No residential inhabitance.

The model home shall be used only for selling new homes within the subdivision where the office has been established. The model homes will not be inhabited as dwellings and will only be used for display and sales purposes until after installation and acceptance of all required improvements in the subdivision.

Conversion back to residential.

All installations related to the sales activity (e.g., canopies, partition walls, signage, fencing, lighting, temporary parking and similar improvements) shall be converted to the approved residential use prior to occupancy as a residential structure. If the carport or garage has been converted to office space, it must be returned to a condition suitable for the parking of automobiles.

Commercial uses prohibited.

No model home shall be used for commercial purposes other than the model home itself being used to sell a similar home within the city.

Duration of use.

See section 28-7-20, temporary use permit.

Containers.

No permanency except IN district.

Steel shipping containers are not permitted in any zoning district as permanent storage sheds except the IN district.

Design.

Permissible containers are designed for temporary, residential storage use only and shall be set on the ground (no wheeled storage is allowed).

Duration of use.

See section 28-7-20, temporary use permit.

Temporary construction buildings.

Temporary construction buildings are permitted provided that:

All buildings are set back at least ten feet from all lot lines;

The building may not be used as a residence; and

The building is removed prior to the issuance of a certificate of occupancy for the last building as detailed on an approved site plan.

Temporary construction dumpsters.

Temporary construction dumpsters are permitted provided that:

The dumpster is set back at least ten feet from all lot lines;

The dumpster does not obstruct any required parking lot requirements;

All refuse from the site shall be contained within the dumpster and screened appropriately to ensure that all refuse is not removed by either wind or wildlife; and

The dumpster is removed no later than five days after project completion.

§ 28-2-20 New, unlisted, and prohibited land uses.

Temporary sales trailers.

Temporary sales trailers are permitted in residential developments prior to the construction of a model home. Following the installation of the model home, temporary sales trailers shall be removed from the site. Temporary sales trailers may be permitted based on the following requirements being met:

Site plan.

A site plan indicating required parking, building location, required utilities, and other similar site features shall be submitted.

Landscaping required.

Landscaping shall be installed in conformance with the landscaping requirements as indicated in section 28-3-25, landscaping requirements. A landscaping plan shall be submitted indicating the proposed layout of plantings and their maintenance.

Utilities required.

Temporary sales trailers shall be supplied with all utilities, to include water, sewer, electricity, and telephone in order to facilitate the proper function of the trailer.

Restrooms required.

Restroom facilities are required within the trailer.

Americans with Disabilities Act (ADA) compliance.

Temporary sales trailers shall meet all requirements of the ADA, including providing access ramps and accessible restroom facilities.

Structural requirements.

All trailers shall be built to the requirements of the city engineer and chief building official with respect to foundation, site placement, natural hazards mitigation, floodplain, and other requirements as necessary to ensure the safe conduct of business in the temporary sales trailer.

Duration.

Temporary sales trailers are permitted no longer than 12 months. Extensions to this requirement may be granted. See section 28-7-20, temporary use permit.

(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2023-1427, 7-18-2023)

Prohibited land uses throughout the city.

New uses.

Land uses specifically prohibited throughout the municipal limits of the City of Fulshear include, but are not limited to:

Automobile, motorcycle, and farming vehicle sales; and

Mobile homes.

Existing uses.

Land uses that are prohibited by this CDO may remain as a nonconforming use. See section 28-5-3, uses.

Authorization of proposed use.

Administrator discretion.

If a proposed use is not specified in article II, division 2, zoning districts, the administrator shall make a determination as to whether the use is either a subcategory or functionally similar to a specifically identified use.

Referral to planning and zoning commission.

Should the administrator feel that it is necessary, he or she may refer the determination of whether a use is a subcategory or functionally similar to a specified use to the planning and zoning commission.

If not authorized then prohibited.

If the administrator determines that a proposed use is not a subcategory of, or functionally similar to a listed use then the use is a prohibited use.

Decision criteria.

The following decision criteria shall be evaluated by the administrator, or at the administrator's discretion, the planning and zoning commission, to decide whether a proposed use is a subcategory of, or is functionally comparable to, a use specifically identified in article II, division 2, zoning districts:

Parking demand;

Average daily and peak hour trip generation (cars and trucks);

Impervious surface;

Regulated air or water emissions;

Noise;