Alvarado City Zoning Code
ARTICLE III
SPECIAL USES
§ 42-45 Additional regulations for special uses.
(a)
Generally.
The following uses, where permitted in the various zoning districts, shall be operated only in accordance with the requirements set forth below.
(b)
Child care centers.
(1)
No portion of a child care center 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.
(2)
Child care centers shall be located adjacent to a street having a pavement width of 27 feet or greater.
(3)
Site plan approval by the planning and zoning commission and city council shall be required for all child care center sites, whether or not a specific use permit is required.
(4)
Child care centers located within any single-family or two-family residential district shall be required to plat in multiples of the minimum lot width of the district classification requirements. The lot depth shall meet the minimum district requirements and must be platted in a configuration which can be converted into standard lots for residential development.
(5)
All child care centers shall comply with the following standards:
a.
All vehicular entrances and exits shall be clearly visible from the street.
b.
All passenger loading and unloading areas shall be located so as to avoid safety hazards from vehicular traffic and adequate walkways shall be provided.
c.
Outdoor play areas shall be provided at a rate of 65 square feet per child based on maximum design capacity of the center. This requirement may be waived by the planning and zoning commission if the child care is provided for less than four hours per day for an individual person.
d.
In residential districts, a maximum of one-half of the required outdoor play space may be provided off-site. When off-premises outdoor play area is utilized, it must be located within 100 feet of the child care facility premises and safely accessible without crossing, at-grade, any major or secondary street.
e.
No child care center shall be part of a one-family or two-family dwelling.
(c)
Construction yards, field offices, and other temporary buildings.
Temporary permits for construction yards and field offices shall be issued for a period of time not to exceed 18 months. Extensions may be granted by the city council. Upon due notice and hearing before the city council, any such permit may be revoked if the city council finds the use is contrary to the intent of this chapter or results in noise, traffic, or other conditions considered to be a nuisance or hazard.
(d)
Residence hotels.
Residence hotels shall be designed to allow for their potential conversion to multifamily residences and as such shall comply with all minimum standards set forth in section 42-28. Residence hotels constructed in the MF district shall comply with the MF district requirements. Open space shall be provided in sufficient quantity and locations to allow for required additional parking should the residence hotel convert to multifamily residences.
(e)
Automobile service stations.
Gasoline pump islands at automobile service stations and convenience stores may not be located nearer than 18 feet to the front property line. An unenclosed canopy for a gasoline pump island may extend beyond the front building line but shall not be closer than ten feet to the property line.
(f)
Swimming pools.
It is the purpose of the following provisions to recognize an outdoor swimming pool as a potentially attractive nuisance and to promote the safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools whether privately, publicly, or commercially owned or operated.
(1)
No swimming pool shall be constructed or used until a swimming pool building permit has been issued therefor. No building permit shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and state health department regulations.
(2)
A swimming pool may be constructed and operated when:
a.
The pool is not located in any required front yard or side yard abutting a street;
b.
A wall or fence, not less than four feet in height, with self-enclosing and self-latching gates at all entrances, completely encloses either the pool area or the surrounding yard area;
c.
All lighting of the pool is shielded or directed to face away from adjoining residence. If lights are not individually shielded they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent properties;
d.
No broadcasting system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers;
e.
The swimming pool is no closer than eight feet from any property line for all public and commercially owned pools; and
f.
For private residential pools, the swimming pool is no closer than:
1.
Three feet from any property line, and
2.
Five feet from the main building.
(g)
Teen clubs.
In order to provide a safe and secure environment, at least one uniformed security officer or off-duty police officer for every 100 occupants shall be working in the club during all hours of operation of a teen club; provided, however, the first security officer or off-duty police officer shall not be required until the building occupancy reaches 50.
(h)
Regulation of sexually oriented businesses.
(1)
No sexually oriented business shall be allowed within 1,000 feet of:
a.
A church, rectory or place of worship;
b.
A public or private elementary or secondary school;
c.
A boundary of a residential district;
d.
A public park;
e.
A child care center;
f.
The property line of a lot devoted to a residential use; or
g.
Another sexually oriented business.
(2)
For the purpose of subsections (h)(1)a. through f., measurement 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 a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsections (h)(1)a. through f.. For the purpose of subsection (h)(1)g., the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(3)
No sexually oriented business shall be operated in any building or structure containing another sexually oriented business.
(4)
No sexually oriented business shall begin operations until the applicant thereof provides proof of compliance with V.T.C.A., Local Government Code section 243.0075.
(5)
Any sexually oriented business that is in violation of subsection (h)(1) or any other location requirement of any other city ordinance, that was legally operating on the effective date of adoption or amendment of such ordinance or regulation, shall be deemed a nonconforming use, except if two or more sexually oriented businesses are within 1,000 feet of each other, or are located in the same building or structure, and otherwise in a permissible location, the sexually oriented business that was first established and continually operating as a sexually oriented business at a particular location (regardless of which business was first located in the city), even if operating under a different name, ownership, or selling different sexually oriented merchandise or services, is the conforming use and the later-established business is nonconforming. The provisions of this subsection shall also apply to legally operating sexually oriented businesses made nonconforming by annexation into the city limits.
(6)
Any sexually oriented business that is lawfully operating within the city as a conforming use on or after March 16, 2015 shall not be rendered a nonconforming use by the subsequent location of a protected use listed in subsection (h)(1) within 1,000 feet of the sexually oriented business.
(7)
Nothing in this section shall be construed to limit the amortization of a nonconforming sexually oriented businesses pursuant to the procedures set forth in this chapter.
(8)
A nonconforming sexually oriented business shall not be increased, enlarged, extended or altered except that the use may be changed to a use other than a sexually oriented business to the extent allowed by this chapter. A person commits an offense if he increases, enlarges, extends or alters, or causes to be increased, enlarged, extended or altered a nonconforming sexually oriented business.
(i)
Mobile food vendors.
(1)
Vehicle requirements.
a.
All mobile food units shall be readily identifiable by business name, printed in bold letters not less than three inches in height, not less than one and one-half inches in width, permanently affixed, and prominently displayed upon at least two sides of the unit.
b.
All mobile food units shall maintain a current state motor vehicle inspection sticker and a current Texas motor vehicle license plate registration sticker.
c.
All mobile food units must be readily moveable (capable of moving immediately upon the request of the code enforcement officer).
d.
Mobile food vendors who only sell prepackaged goods on their mobile food units shall not remain parked in one location for longer than three hours. No time restriction shall apply for mobile food vendors who prepare food on their mobile food unit.
(2)
Restroom access and trash receptacles.
Mobile food vendors who prepare food on their mobile food unit shall:
a.
Provide one or more trash receptacles for disposal of waste from customers, and shall provide for the disposal of such waste; and
b.
Provide access to restroom facilities for customers within 300 feet of the mobile food unit.
(Ordinance 2015-005, sec. 1, adopted 4/20/2015)