Land and buildings in each of the zoning districts may be used for any of the specified uses in Section 90-3.03, Use Chart. No land shall be used and no building or structure shall be erected, altered, or converted for any use other than those specified as a permitted use in the district in which the property is located.

(Ord. No. 3154-17, § 1, 4-10-2017)

A.

Existence of New and Unlisted Uses

Any use not listed in the Use Chart is prohibited.

B.

Planning Director Interpretation of a New and Unlisted Use

1.

If the Planning Director is unable to classify the use under one of the existing listed uses, then the Planning Director shall initiate a Zoning Text Amendment pursuant to procedures set forth in Zoning Text and Map Amendments.

2.

Any applicant seeking a land use not otherwise authorized by this chapter or as listed in this section may make application to amend this section to include the unlisted use and may at the same time make application for Specific Use Permit (SUP) for such use, on a specific property. In such a case both amendments may be heard at the same time by the Planning and Zoning Commission; may be heard at the same time by the City Council; and the adoptive ordinances may be acted upon by the City Council on the same date.

(Ord. No. 3154-17, § 1, 4-10-2017)

The use of land or buildings shall be in accordance with those listed in the following Use Chart. No land or building shall hereafter be used and no building or structure shall be erected, altered, or converted other than for those uses permitted in the zoning district in which the property is located, as shown in the Use Chart.

* Allowed in Mixed Use District and Planned Development District with Specific Use Permit if the select zoning districts does not include residential uses.

(Ord. No. 3154-17, § 1, 4-10-2017; Ord. No. 3196-19, § 7, 7-8-2019; Ord. No. 3242-22, § 2, 3-28-2022; Ord. No. 3267-23, § 1, 8-14-2023; Ord. No. 3275-23, § 1.B, 10-9-2023; Ord. No. 3304-25, § 1, 8-11-2025)

A.

The following conditional development standards shall apply:

1.

Agricultural Use Standards for Select Zoning Districts

a.

Shall be subject to the following conditions:

i.

Commercial farm, ranch, stable, garden, orchard or plant nursery, on a tract of five acres or more (unless permitted on a smaller tract by approval of a Specific Use Permit (SUP)) are permitted provided no retail sales are conducted from the premises.

2.

Alternative Financial Establishment Standards

a.

A Specific Use Permit (SUP) may be required according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

Shall only be permissible where the place of business containing the alternative financial establishment is not within 1,000 feet of any lot containing another financial establishment as measured from property line to property line.

ii.

Shall not be located within 300 feet, measured from property line to property line from a lot in a residential district.

iii.

Shall only operate within a freestanding building and may not operate in the same structure as any other use.

iv.

Required off-street parking: One space per 350 square feet of floor area.

v.

Shall also include vehicle storage area excluding required off-street parking for vehicles stored or held for collateral from Alternative Financial Establishment transaction.

vi.

A Car (Auto) Title Loan Business with a freestanding building and current State of Texas Motor Vehicle Dealer License shall not display to the general public more than four vehicles that are for sale on its property.

3.

Amusement Centers (≤ Three Devices)

a.

This use is permissible by right for amusement centers with a maximum of three amusement devices only in Commercial, C and Industrial (I) districts according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

Shall only be permissible where the Amusement Center or business that owns, operates, or maintains an amusement device is not within 300 feet of a church, public or private school or daycare, or hospital, measured from the closet point of the structure where the Amusement Center of Amusement Device is located to the nearest property line of the church, school or hospital.

ii.

Shall not be located within 2,000 feet measured from any lot in a residential district and/or residential use, as measured from property line to property line.

iii.

Shall only be permissible where the Amusement Center is not within 1,000 feet of any lot containing another Amusement Center as measured from property line to property line.

4.

Amusement Centers (Four to Eight Amusement Devices)

a.

A Specific Use Permit shall be required according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

Shall only be permissible where the Amusement Center or business that owns, operates, or maintains an amusement device is not within 300 feet of a church, public or private school or daycare, or hospital, measured from the closet point of the structure where the Amusement Center of Amusement Device is located to the nearest property line of the church, school or hospital.

ii.

Shall not be located within 2,000 feet measured from any lot in a residential district and/or residential use, as measured from property line to property line.

iii.

Shall only be permissible where the Amusement Center is not within 1,000 feet of any lot containing another Amusement Center as measured from property line to property line.

5.

Amusement, Commercial (Outdoors) Standards

a.

A Specific Use Permit (SUP) may be required according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

All exterior light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries and so installed as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets.

ii.

No intermittent or flashing lights shall be permitted.

iii.

Luminaries shall be mounted at a height not to exceed 30 feet as measured vertically from the horizontal surface of the nearest parking pavement.

iv.

No exterior auditory devices shall be permitted.

6.

Automobile or Other Motorized Vehicle Sales and Service Standards

a.

A Specific Use Permit (SUP) may be required according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

All exterior light sources shall be of a down-light type, indirect, diffused, or shielded type luminaries and so installed as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets.

ii.

No intermittent or flashing lights shall be permitted.

iii.

Luminaries shall be mounted at a height not to exceed 30 feet as measured vertically from the horizontal surface of the nearest parking pavement.

iv.

All building façades shall be constructed with the same masonry materials that meet the masonry regulations for the zoning district in which the property is located.

v.

No exterior auditory devices shall be permitted.

7.

Banquet Hall Standards

a.

A Specific Use Permit (SUP) may be required according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

Shall apply adequate buffering techniques to protect the adjacent properties.

ii.

Shall submit documentation regarding the provision of security guards or law enforcement officers during all events.

iii.

The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys shall be subject to inspection on a regular basis for purposes of security enforcement and removing litter.

iv.

Shall have frontage on and access to a thoroughfare with an existing or planned right-of-way of at least 100 feet.

8.

Bar Standards

a.

A Specific Use Permit (SUP) may be required according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

Shall only be permissible where the place of business containing the beverage store is not within 300 feet of a church, colleges and universities, learning center or library, public or private school or day care or hospital. The measurement of the distance between the place of business of liquor stores shall be from the nearest property line of a church, colleges and universities, learning center or library, or hospital to the nearest doorway by which the public may enter the place of business, along street lines and in a direct line across intersections and as in compliance with the Texas Alcohol Beverage Commission (TABC) distance requirements. The measurement of the distance between the place of business where alcoholic beverages are sold and day care centers, child care facilities, and public schools shall be 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.

9.

Beverage (Package) Store Standards

a.

A Specific Use Permit (SUP) may be required according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

Shall only be permissible where the place of business containing the beverage store is not within 300 feet of a church, colleges and universities, learning center or library, public or private school or day care or hospital. The measurement of the distance between the place of business of liquor stores shall be from the nearest property line of a church, colleges and universities, learning center or library, or hospital to the nearest doorway by which the public may enter the place of business, along street lines and in a direct line across intersections and as in compliance with the Texas Alcohol Beverage Commission (TABC) distance requirements. The measurement of the distance between the place of business where alcoholic beverages are sold and day care centers, child care facilities, and public schools shall be 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.

10.

Commercial Motor Vehicle Parking and Commercial Parking Lot or Garage Standards

a.

A Specific Use Permit (SUP) may be required according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

Shall not be located within 500 feet of any residential use or district, measured in straight line, without regard to intervening structures or objects, from the nearest boundary of the lot where the use is conducted to the nearest boundary of the zoning district issue.

ii.

Required off-street parking, none. However, off-street stacking spaces or passenger unloading zones may need to be provided along major collector streets.

iii.

All loading shall occur within the confines of the property and/or parking lot and shall not occur on public streets.

11.

Convenience Store, Standards.

a.

Shall be subject to the following conditions:

i.

The property line of a convenience store shall not be located within 2,000 feet of another convenience store property line measured from property line to property line and shall require a specific use permit (SUP).

12.

Convenience Store with Drive-Through, Standards.

a.

Shall be subject to the following conditions:

i.

The property line of a convenience store with drive-through, shall not be located within 2,000 feet of another convenience store property line measured from property line to property line and shall require a specific use permit (SUP).

13.

Electric Vehicle Charging Station Standards

a.

Abbreviations and definitions. The following terms are defined in this Zoning Ordinance, see Section 90-9.01.

i.

Electric Vehicle (EV);

ii.

Electric Vehicle Charging Station (EVCS);

b.

A Specific Use Permit (SUP) may be required according to the Use Chart in Section 90-9.03.

c.

Shall be subject to the following conditions:

i.

Site Plan. A site plan for any electric vehicle charging station ("EVCS") shall be approved by the City of Balch Springs showing compliance with this section, the City's development standards (Zoning Ordinance Article IV), and any other applicable standards or requirements including but not limited to landscaping and sign regulations.

ii.

Location.

a.

An EV charging station is permitted to be located only within authorized zoning districts and subject to a Specific Use Permit, as is identified in Section 90-3.03, Zoning Land Use Regulations.

b.

EV Charging Stations are allowed only when it is considered as an accessory to the primary permitted use. Installation shall be subject to building permit approval.

iii.

Parking. An EV charging station may be placed in existing off-street parking areas and shall not impede pedestrian amenities and circulation.

iv.

Maintenance. Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. Maintenance shall be the responsibility of the property owner.

v.

Size. The minimum size of an electric vehicle charging space shall be the same size as a regular parking space and shall comply with parking requirements.

14.

Gasoline or Diesel Passenger Vehicle Filling or Service Station Standards

a.

A Specific Use Permit (SUP) may be required according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

Gasoline pumps, pump islands, canopies, or car washes, where adjacent to property zoned as single-family residential uses shall maintain a minimum setback of at least 125 feet.

ii.

The hours of any car wash operation may be limited when located adjacent to property zoned for single-family residential uses.

iii.

No exterior illumination (either direct or indirect) shall cross a residential property line nor be a nuisance to traffic.

iv.

No outside/outdoor vending machines, such as soda, video rental, or newspaper vending machines, are permitted.

15.

Guest House/Servants' Quarters Standards

See 90-3.07 Accessory Buildings and Uses for standards.

16.

Heliport or Helistop Standards

a.

A Specific Use Permit (SUP) may be required according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

No heliport or helistop shall be located within 1,000 feet of any church, school, hospital, library, public park or within 1,000 feet of any dwelling unless:

(a)

Noise attenuation methods are implemented to achieve noise levels no greater than if the heliport or helistop were located 1,000 feet from any such property in an unprotected state;

(b)

The Federal Aviation Administration has approved approach and departure paths for the proposed heliport or helistop which require all departures to be made at an angle of more than 90 degrees from any boundary or any such property which is less than 1,000 feet from the proposed heliport or helistop; and

(c)

No substantial adverse impact exists on residence or businesses within the 1,000 feet requirement.

17.

Home-Based Business Standards

a.

Shall be subject to the following conditions:

i.

No persons other than members of the family residing on the premises shall be engaged in such business;

ii.

The use of the dwelling unit for the home-based business shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 500 square feet or ten percent of the square footage of the dwelling area or Accessory Building, whichever is greater, shall be used in the conduct of the home-based business;

iii.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home-based business;

iv.

No sign advertising a home-based business shall be placed on property where a home-based business is conducted;

v.

Any sales in connection with such home-based business shall be clearly secondary to occupancy. Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made by telephone or at a sales party may be filled on the premises;

vi.

No traffic shall be generated by a home-based business in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of a home-based business shall be met off the street and other than in a required front yard;

vii.

No equipment, process or work shall be used or conducted in such home-based business that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment, process or work shall be used or conducted which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;

viii.

The operation of beauty culture schools, beauty parlors, barber shops, vehicle repair, lawn mower or other small or large engine repair, and any boarding house/rooming house shall not be permitted as a home-based business or as an accessory use; and

ix.

No Outside Storage or Outside Display of any type shall be permitted with any home-based business.

18.

Hotel and Motel Standards

a.

A Specific Use Permit (SUP) may be required according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

Shall provide staff on-site 24 hours a day.

ii.

Shall provide at least three amenities from the list below:

(a)

Indoor/outdoor pool of at least 800 square feet of surface area and a depth of no more than five feet

(b)

Spa/sauna

(c)

Weight room/fitness center

(d)

Playground

(e)

Sports court

(f)

Plaza/atrium

(g)

Game Room

iii.

Full-service restaurant (minimum seating capacity of 35).

iv.

A minimum of 100 guest room units.

v.

A meeting/conference room (1,000 square feet minimum).

19.

Hotel, Resident Extended Stay Standards

a.

A Specific Use Permit (SUP) may be required according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

Shall provide staff on-site 24 hours a day.

ii.

Shall provide at least five amenities from the list below:

(a)

Indoor/outdoor pool of at least 800 square feet of surface area and a depth of no more than five feet

(b)

Spa/sauna

(c)

Weight room/fitness center

(d)

Playground

(e)

Sports court

(f)

Plaza/atrium

(g)

Game Room

(h)

Jogging Trail

(i)

Conference room (1,000 square feet minimum)

(j)

Full-service restaurant (minimum seating capacity of 35)

iii.

Shall have a setback of a minimum of 100 feet from the boundary of any residential district.

iv.

A minimum of 50 percent of the room units shall contain kitchen facilities.

v.

A minimum of 75 guest room units.

20.

Industrialized Housing Standards

a.

A Specific Use Permit (SUP) may be required according to the permitted Use Chart.

b.

Industrialized Housing shall be permitted within all single-family Residential Zoning Districts, see Table 1: Zoning Districts for a list of districts.

c.

Shall be subject to the following conditions:

i.

Industrialized Housing shall meet or exceed all building code requirements that apply to other dwelling units concerning on-site construction.

ii.

Industrialized Housing shall conform to all applicable zoning standards for the respective zoning district.

iii.

Industrialized Housing shall be placed on an approved platted lot.

iv.

Single-family and duplex Industrialized Housing shall:

(a)

Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the Industrialized Housing is proposed to be located, as determined by the most recent county certified tax appraisal roll;

(b)

Have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the Industrialized Housing is proposed to be located;

(c)

Comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings; and

(d)

Be securely affixed to an approved permanent foundation.

v.

For purposes of subsection 90-3.04.A.15.c.iv above, "value" means the combined taxable value of the industrialized housing and the lot after installation of the housing.

21.

Laundry, Self-Service Standards

a.

Shall be subject to the following conditions:

i.

The property line of a Laundry, Self-Service shall not be located within 5,000 feet of another laundry's (self-service) property line measured from property line to property line and shall require a special use permit (SUP).

22.

Liquor (Adult/Alcoholic Beverage) Store Standards

a.

A Specific Use Permit (SUP) may be required according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

Shall only be permissible where the place of business containing the liquor store is not within 300 feet of a church, colleges and universities, learning center or library, public or private school or daycare, or hospital. The measurement of the distance between the place of business of liquor stores shall be from the nearest property line of a church, colleges and universities, learning center or library, or hospital to the nearest doorway by which the public may enter the place of business, along street lines and in a direct line across intersections and as in compliance with the Texas Alcohol Beverage Commission (TABC) distance requirements. The measurement of the distance between the place of business where alcoholic beverages are sold and day care centers, child care facilities, and public schools shall be 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.

ii.

To the extent allowed by applicable law, as it exists and as it may be amended, any use or business which operates as a liquor store shall be no closer than 1,000 feet to a liquor or beverage store. The measurement of the distance between the place of business of liquor stores and beverage stores shall be from the nearest property line to property line.

iii.

Existing beverage stores and/or buildings requesting conversion to a liquor store shall be installed with a two-hour fire barrier separation wall.

iv.

Remodels or existing buildings seeking conversion for operation as a liquor store constructed prior to the adoption of the ordinance from which this section derives shall have a minimum floor area or building square footage of 2,500.

23.

Mobile Food Unit Park (MFU-Park) Standards

a.

General Provisions.

i.

Abbreviations and definitions. The following terms are defined in this Zoning Ordinance, see Section 9:

(a)

MFU-Park. Mobile Food Unit Park.

ii.

Site plan. A site plan for any mobile food unit park ("MFU-Park") shall be approved by the City of Balch Springs showing compliance with this section, the City's development standards (Section 4), and any other applicable standards or requirements.

iii.

Drive-through facilities. MFU-Parks shall not install permanent drive-through facilities or other drive-through designations.

b.

Location.

i.

A mobile food unit park is permitted to be located within any authorized zoning district as is identified in Section 3 Zoning Land Use Regulations.

ii.

A MFU-Park shall be located at a minimum of 200 feet from any inhabited or inhabitable residential dwelling.

c.

Parking.

i.

An MFU-Park shall be required to provide a minimum of three vehicle parking spaces for each marked Mobile Vendor Unit on approved park surface material.

ii.

The vehicle parking spaces may be located in one or more common areas within the MFU-Park.

iii.

Vehicle parking spaces shall be shown on the site plan.

d.

Signs and Advertising.

i.

The MFU-Park may have one freestanding sign per public street frontage in compliance with the Balch Springs Sign Ordinance (City Code, Chapter 58).

24.

Mobile Home Parks, Trailer Parks, Trailer Courts, Trailer Subdivisions Standards

a.

A Specific Use Permit (SUP) may be required according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

Mobile Home Parks, Trailer Parks, Trailer Courts, Trailer Subdivisions shall be on a minimum of 20 acres site.

25.

Motor Freight Company and Truck Stop Standards

a.

A Specific Use Permit (SUP) may be required according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

Shall not be located within 500 feet of any residential use or district, measured in straight line, without regard to intervening structures or objects, from the nearest boundary of the lot where the use is conducted to the nearest boundary of the zoning district issue.

26.

Outside Display Standards

a.

A Specific Use Permit (SUP) may be required according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

Outside Display areas shall not be placed or located more than 30 feet from the main building and shall not exceed 50 percent of the linear frontage of the building.

ii.

Outside Display areas shall be permitted year round.

iii.

Outside Display areas shall not occupy any of the parking spaces that are required by this Zoning Ordinance for the primary use(s) of the property, except on a temporary basis only, which is a maximum of 45 days per display and a maximum of two displays per calendar year.

iv.

Outside Display areas shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.

v.

Outside Display areas shall not extend into public Right-of-Way or onto adjacent property.

vi.

Outside Display items shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

vii.

Outside Display is permitted only as an Accessory Use and is not a permitted Principal Use.

27.

Outside Storage Standards

a.

Shall be subject to the following conditions:

i.

Outside Storage shall not be located in the front yard.

ii.

Outside Storage screening shall be required only for those areas surrounding Outside Storage.

iii.

A six-foot screening fence or wall shall be provided and maintained either surrounding the Outside Storage or at the property line or street adjacent to the area to be screened by one or a combination of the following methods:

(a)

Solid masonry consisting of rock, stone, or other material that is visually and qualitatively equivalent;

(b)

Wrought iron in conjunction with solid landscape screening;

(c)

Wood or wood vinyl in conjunction with solid landscape screening; and,

(d)

An equivalent alternative screening method approved by the Building Official.

iv.

Outside Storage of materials, commodities, or equipment shall be screened with a minimum six-foot screening fence or wall, and shall not be visible from the street or from adjacent property.

v.

No Outside Storage may exceed the height of the screening wall or fence.

28.

Pallet Businesses and Yards Standards

a.

Shall be subject to the following conditions:

i.

Height Regulations

(a)

No pile/stack of pallets shall be piled/stacked to a height that is higher than 20 feet.

(b)

All piles/stacks of pallet, that are located immediately adjacent to a required front, side or rear yard shall not be piled/stacked to a height that is higher than eight feet.

(c)

All piles/stacks of pallets, that are located immediately adjacent to a required building/permanent structure setback line shall not be piled/stacked to a height that is higher than eight feet.

(d)

All piles/stacks of pallets, that are located immediately adjacent to a required off-street parking area(s) and loading/unloading facility(ies) shall not be piled/stacked to a height that is higher than ten feet.

ii.

Area Regulations

(a)

Front Yard

There shall be a minimum front yard setback of 15 feet.

(b)

Side Yard

There shall be a minimum side yard setback of 15 feet.

(c)

Rear Yard

There shall be a minimum rear yard setback of 15 feet.

iii.

Setback

(a)

A minimum setback of 15 feet in width shall be maintained between the piles/stacks of pallets and all building(s) and/or permanent structure(s) on the lot/tract hosting the Pallet Businesses and Yards.

(b)

A minimum setback of 15 feet in width shall be maintained between all off-street parking area(s) and loading/unloading facility(ies) on the lot/tract hosting the Pallet Businesses and Yards and the pile/stacks of pallets.

iv.

Intensity of Use

(a)

Ground Coverage

The total combined land area that is covered by piles/stacks of pallets shall not exceed a total of 75 percent of the total area of such lot or tract of land.

(b)

Aisles

There shall be an aisle between each row of piled/stacked pallets. Each aisle shall be a minimum of four feet in width.

(c)

Rows of Piled/Stacked Pallets

The maximum width of all rows piles/stacks of pallets shall be 16 feet. The maximum length of any row of piles/stacks of pallets shall not be greater than 40 feet.

(d)

Storage

All piles/stacks of pallets shall be stored in the open air. No piles/stacks of pallets shall be placed in a building or in any type of covered/roofed enclosure for the pose of storage for any length of time.

v.

Parking and Loading Facilities

(a)

All off-street parking areas/spaces shall be located within the confines of the premises of the Pallet Businesses and Yards.

(b)

Dedicated off-street employee parking space shall be provided at a ratio of one space for each employee. This requirement shall be based on the maximum number of employees that are present on-site during peak periods of operation. Employee parking area(s)/spaces only, may be designed/laid-out in such a way as to facilitate the parking of automobiles/vehicles in a front-to-rear format. Said individual front-to-rear parking spaces shall be restricted to a maximum capacity of no more than three automobiles/light duty vehicles in length.

(c)

Three additional parking spaces for visitors and two additional parking spaces for handicapped individuals shall be required. All handicapped space must be identified with the traditional markings that are customarily associated with same.

(d)

All parking spaces shall be permanently marked and be readily visible for the easy identification of their location.

(e)

At no time shall any piles/stacks of pallets be placed on/stored in any portion of the off-street parking area(s).

(f)

Off-street loading and unloading facilities shall be provided on the premises of the Pallet Businesses and Yards. Said facilities shall be: in the open air; a minimum of 1,200 square feet in total area; and be obviously marked, in terms of location with signage and markings, on the pavement or other approved all-weather surface.

(g)

All loading and unloading activities small be conducted only in the designated off-street loading and unloading facilities.

(h)

No vehicles, awaiting loading and/or unloading, shall be permitted to queue or park within 500 feet of the premises of the Pallet Business and Yard on the paved surface or the shoulder area or the unpaved portions of the right-of-way of the City's roads or streets.

vi.

Repair/Reconstruction/Rehabilitation of Pallets

(a)

Pallets may be repaired/reconstructed/rehabilitated within the confines of a building, permanent structure and/or any type of covered/roofed enclosure.

(b)

Said pallets that are to be/being repaired/reconstructed/rehabilitated shall only be within the confines of a building, permanent structure and/or any type of covered/roofed enclosure during those periods of time when said repair/reconstruction/rehabilitation activities are actually taking place.

(c)

All debris/scrap pallets from said repair/reconstruction/rehabilitation activities shall be stored, at all times, in nonflammable containers that are located in the open air. All debris/scrap pallets shall be disposed of in a proper manner, without the use of on-site burning of any kind.

(d)

The building, permanent structure and/or any type of covered/roofed enclosure where the said repair/reconstruction/rehabilitation of all pallets takes place, shall be maintained — at all times — in a broom swept clean condition.

vii.

Yard Surface

The composition of the minimum allowable surface of a pallet storage yard area shall be one which is comprised of crushed rock, which is maintained in a dust-free condition, having a minimum depth of four inches. The entire perimeter of the dust-free, crushed rock area shall be bordered with a concrete curb that rises to a height that is a minimum of four inches above the surface of the dust-free, crushed rock area. The surface of the dust-free, crushed rock area shall be contoured/graded in such a way that no storm water will be able to runoff from the surface of the crushed rock area onto any adjoining properties.

viii.

Enclosure

The entire perimeter of the property hosting a pallet business and/or pallet yard shall be enclosed with a solid screening as outlined in Section 90-4.02 Screening Standards.

ix.

Pallet Businesses and Yards must adhere to current Internaltional Fire Code (IFC).

29.

PD, Planned Development District Standards

Permitted uses shall be determined through Section 90-2.17 PD, Planned Development District and Section 90-7.09 PD Application and Review.

30.

Recycling Center and Recycling Facility Standards

a.

A Specific Use Permit (SUP) may be required according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

Shall only be permissible where the place of business containing the facility is not within 5,000 feet of any residential lot or district measured from property line to property line of said recycling facility.

ii.

Required off-street parking: One space per 300 square feet of floor area.

iii.

Shall include separate parking area for loading and unloading of materials.

iv.

Required application materials shall include submittal of a completed SUP application packet, an environmental impact study, and an infrastructure impact study completed, stamped, and sealed by a professional engineer (P.E.) and approved by appropriate city staff.

v.

Site shall include buffering, consisting of a solid fencing eight feet in height.

vi.

A digital security camera system consisting of cameras, recording, and playback equipment shall be installed, operated, and maintained in every facility, subject to the following minimum standards:

(1)

Must capture a color digital video image of every person and vehicle coming within view of the camera's lens during daylight and nighttime hours, and transmitting the image to a digital video recording device that will record and store such image;

(2)

At least one camera shall be installed at every vehicular entrance to the facility and shall be positioned to capture a clear image(s) of vehicle license plates as vehicles enter and exit the facility;

(3)

At least one camera shall be installed at every public entrance(s) to facility buildings and shall be positioned to capture clear images of every person entering said entrance;

(4)

The digital video recording and storage device must be capable of storing, playing back, and sharing all captured video images for a period not less than 14 calendar days after the images are recorded;

(5)

Digital recordings and images captured by the digital security camera system installed pursuant to this section shall be: (i) retained for not less than 14 days; and (ii) digitally stamped with the date and time of day on which the recording or image was recorded.

vii.

The facility must adhere to all applicable federal, state, and local law regarding the recycling or repurposing of recoverable resources or secondhand materials.

viii.

The facility shall maintain an accurate record of each transaction in which the facility purchases recoverable resources or secondhand materials. Such record is satisfied if it contains: (1) the transaction date, (2) description of recoverable resources or secondhand materials transferred, (3) name, address, telephone number, and government issued identification number of person from which the recoverable resources or secondhand materials were purchased, and (4) is maintained by the facility for a period of at least two years after the date of transfer.

31.

School, Career, School, College or University (Private), and School, College or University (Public) Standards

a.

A Specific Use Permit (SUP) may be required according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

The school tract shall be a minimum of two acres in area.

ii.

The school building or buildings shall conform to the current building code requirements for an educational use.

iii.

The school shall have enrolled at all times a minimum of 100 students.

iv.

The school shall be accredited by the state to provide academic instruction for any of grades, kindergarten through 12.

32.

Sundry Store Standards

a.

Shall be subject to the following conditions:

i.

A Special Use Permit (SUP) shall be required according to the permitted Use Chart. Change from P-25 to S-25.

ii.

The property line of a Sundry Store shall not be located within 5,000 feet of another Sundry Store's property line measured from property line to property line.

33.

Temporary Storage Unit/Container Standards

a.

Shall be subject to the following conditions:

i.

Units shall not be placed in the right-of-way.

ii.

Shall obtain approval from the Planning Director.

iii.

Shall not be located within five feet of the property line.

iv.

Shall not be placed in the front yard, except for the driveway.

v.

Property shall not have Temporary Storage Unit/Container for more than 30 business days in a calendar year.

34.

Tobacco Store Standards

a.

A Specific Use Permit (SUP) may be required according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

Shall not be within 1,000 feet of a church, public or private school or day care, or hospital. The measurement of the distance between the places of business of tobacco stores shall be from the nearest property line of a church, public or private school or day care, or hospital to the nearest doorway by which the public may enter the place of business, along street lines and in a direct line across intersections.

35.

Wind Energy System Standards

a.

A Specific Use Permit (SUP) may be required according to the permitted Use Chart.

b.

Shall be subject to the following conditions:

i.

Wind energy systems shall not be erected, constructed, relocated or maintained in the territorial limits of the city unless a valid special use permit has first been approved then a building permit and the wind energy system is in full compliance with the ordinances of the city, and all applicable laws and regulations. Wind energy systems shall not be permitted, erected, constructed or installed on any lot or tract of property if the setbacks and spacing requirements of this article are not met.

ii.

Primary structure required on lot. A wind energy system may be erected only after a primary structure has been constructed on the lot. A wind energy system may not be constructed on a vacant lot. If an occupied primary structure is removed from a lot or property, a wind energy system must be removed from said property.

iii.

Prohibited locations. No portion of a wind energy system or the required setback shall encroach upon or be erected, constructed or located within any public right-of-way; public or private easement or within any front, side or rear property setback area. No part of a wind energy system may extend beyond the property lines or required building lines of the lot on which the wind energy system is located unless the adjacent property is contiguous and maintains the same owner.

iv.

Required setbacks; platting. A tower for a wind energy system shall be set back from the property lines and any overhead or above ground public or private utility line, cable or primary structure, at a distance equal to 110 percent of the system height. No tract of property shall be subdivided, platted or replatted such that a pre-existing wind energy system will fail to meet the foregoing requirements.

v.

A wind energy system shall be erected and installed according to the instructions of the system manufacturer and under the seal of a professional engineer registered in the State of Texas. All components of the system must be in compliance with the ordinances of the city, and all applicable state and local building codes. All wind energy systems must meet or exceed current standards and regulations of the FAA and any other agency of the state or federal government with the authority to regulate wind energy systems. If such standards and regulations are changed, and if the controlling state or federal agency mandates compliances, then the owners of the wind energy system shall bring such wind energy system into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency.

vi.

The system must have a certificate of compliance from Underwriters Laboratories, Inc., with the most current standard or UL 1741 standard for safety for inverters, converters, controllers, and interconnection system equipment for use with distributed energy resources. All applicable components of the wind energy system shall meet and comply with the city's building codes and electrical code.

vii.

The system height shall not exceed 70 feet. Additionally, no tower height shall exceed the tower height recommended by the manufacturer or the distributor of the wind energy system. The system height shall provide a minimum of ten feet of clearance between the rotor diameter and fencing or other system elements at the base of the tower.

viii.

Control of access. All wind energy systems shall operate within an area enclosed by approved fencing that is no less than six feet in height. All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access. The above-mentioned equipment shall be secured by a lockable mechanism. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.

ix.

Electrical wires. All electrical wires associated with a wind energy system, other than the wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, shall be located underground.

x.

Sound pressure levels. Sound pressure levels shall not exceed a noise level of 55 decibels as measured from the property line closest to the wind energy system.

xi.

Interference. The owner of a wind energy system shall mitigate any interference with electromagnetic communications, such as, but not limited to, radio, telephone, television or broadband signals caused by the operation of a wind energy system.

xii.

Appearance, color and finish. The wind generator and tower shall remain painted or finished matching the color or finish that was originally applied by the manufacturer, unless approved in the wind energy system permit. The color of finish shall be nonreflective and non-obtrusive.

xiii.

Maintenance. The paint, finish, landscaping and structural integrity of a wind energy system and each of its components shall be maintained at all times. All such systems shall be kept in good working order. If, upon inspection, the city concludes that a wind energy system fails to comply with such codes and regulations and/or constitutes a danger to persons or property, then the city shall order an immediate cessation of the wind energy system until all violations and/or safety concerns have been resolved.

xiv.

Lighting. All lights not required by the FAA are prohibited. When obstruction lighting is required by the FAA, such lighting shall not exceed the minimum requirements of said agency. A tower structure may be artificially lighted only with steady-burning red obstruction lights (FAA type L-810) or flashing red obstruction lights (FAA type L-864) flashing no faster than 20 flashes per minute. Flashing red obstruction lights (FAA type L-864) flashing faster than 20 flashes per minute, medium intensity flashing white obstruction lights (FAA types L-865 or L-866), high intensity flashing white lights (FAA types L-856 or 857) or dual flashing red obstruction lights and medium intensity flashing white obstruction lights (FAA types L-864/L865) may be used only when the FAA specifies that the specific lighting pattern is the only lighting pattern acceptable to promote aviation safety and refuses an applicant's request for authorization to use the lighting required by this article. Upward lighting, flood lights or other lighting not strictly required by the FAA is prohibited.

xv.

Signage prohibited. No advertising or signage of any type, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification, shall be allowed or permitted on a wind energy system.

xvi.

Limit of one. No more than one wind energy system shall be erected, constructed, operated or permitted on any single lot or tract.

xvii.

Utility grid wind energy systems larger than 20 kw are prohibited within the city.

(Ord. No. 3154-17, § 1, 4-10-2017; Ord. No. 3156-17, § 7, 9-11-2017; Ord. No. 3160-17, § 7, 12-4-2017; Ord. No. 3189-19, § 7, 4-8-2019; Ord. No. 3242-22, § 2, 3-28-2022; Ord. No. 3261-22, § 2, 11-21-2022; Ord. No. 3267-23, § 1, 8-14-2023; Ord. No. 3275-23, § 1.C, 10-9-2023; Ord. No. 3304-25, § 2, 8-11-2025)

A.

Location and Arrangement of Residential Buildings on Lots for Single-Family or Duplex Uses

1.

Only one main building for single-family or duplex use may be located upon a lot.

2.

Every dwelling shall face or front upon a public street or approved access easement, other than an alley.

B.

Location and Arrangement of Buildings on Lots for Multi-Family, Retail, Commercial, or Industrial Uses

1.

Where a lot is used for multi-family, retail, commercial, or industrial purposes, more than one main building may be located upon the lot, but only when such additional main buildings conform to all the open space, parking and density requirements applicable to the uses and districts.

a.

All main buildings shall face upon a public street or approved access easement other than an alley.

2.

No parking area, storage area, or required open space for one building shall be computed as being the open space yard or area requirements for any other building or other use.

3.

On lots zoned and used for multi-family use, the minimum separation distance between any two buildings shall be 30 feet.

C.

Uses with Flammable, Toxic, and Hazardous Materials

1.

The storage, manufacture, utilization, or dispensing of substances that may constitute or may cause danger to public health, safety, or welfare shall be conducted only within the limits and conditions specified in the latest edition of both the International Fire Code and International Building Code.

2.

The emission of toxic or explosive vapors, dusts, or aerosols into the atmosphere shall not exceed, at the facility property line, 50 percent of the limit of such as is given in "Threshold Limit Values" as adopted at the most recent International Fire Code and International Building Code.

3.

No form of flammable, toxic, or other hazardous material shall be released into or upon any utility line, pit, dump, open ground, stream, or drainage way.

4.

The container size, location, design, and construction of any storage tank, building, or facility for any flammable, toxic, or other hazardous material shall be approved by the fire marshal and the City Manager as a part of the Building Permit application and shall be based upon the requirements of the International Fire Code and International Building Code.

(Ord. No. 3154-17, § 1, 4-10-2017)

A.

Intent of Provisions

1.

Existence of Nonconformities

a.

A nonconformity describes a use, structure, or lot that does not conform to the current standards of the Zoning Ordinance, but that was in conformance with the standards in place at the time of its inception, and have been rendered nonconforming due to a change in the applicable standards and regulations.

b.

The City Council has determined that it is in the best interest of the City for Nonconformities to be brought into conformance with the Zoning Ordinance within six months of the approved date of the new ordinance. Any Nonconforming Uses that are not brought into compliance within six months, the City Council may initiate the Amortization of Nonconforming Uses process as outlined in Section 90-7.11.

c.

The purpose of this Section, Nonconformities, is to establish provisions for the allowance and potential alteration of uses, structures and lots that do not conform to currently applicable zoning standards or regulations.

d.

Nonconformities occur in three general categories, or combination thereof:

i.

Nonconforming Uses

A nonconforming use can occur when an existing use is no longer allowed in a zoning district.

ii.

Nonconforming Structures

A nonconforming structure can have a lesser setback, yard, or height lot area or dimension requirement than required by the Zoning Ordinance.

iii.

Nonconforming Lots

A nonconforming lot can be nonconforming as to lot area or dimension requirement.

e.

It is the declared intent of this section that Nonconforming Uses and Nonconforming Structures eventually be eliminated and be required to comply with the regulations of the Zoning Ordinance, having due regard for the property rights of the person affected, the public welfare, and the character of the surrounding area.

2.

Incompatible Uses

Nonconformities are hereby declared incompatible with the permitted uses in the districts involved.

B.

Establishment of Legal or Illegal Nonconformities

1.

Legal Nonconformities

a.

Those uses, structures, or lots which in whole or part do not conform to current zoning standards, but were legally established prior to the effective date of this Zoning Ordinance, at which time they were in conformance with applicable standards shall be considered "Legal Nonconformities."

b.

Such uses, structures, or lots may be maintained or potentially altered subject to the provisions of this Section, Nonconformities.

2.

Illegal Nonconformities

a.

Those uses, structures, or lots, other than residential accessory buildings, which in whole or part are not in conformance with current zoning standards and were not in conformance with applicable standards at the time of their inception shall be considered "Illegal Nonconformities."

b.

Such uses, structures, or lots and shall be subject to penalties.

C.

Single-Family Residential Uses

Previously conforming single-family residential uses on platted lots approved prior to the Zoning Ordinance effective date, which may now be nonconforming due to stricter standards, shall be deemed in conformance with this Zoning Ordinance.

D.

Existing Platted Lots Are Conforming Lots

Any existing vacant lot platted prior to the Zoning Ordinance effective date that was legally conforming shall be deemed a conforming lot.

E.

Changing Uses

1.

Nonconforming Use to Conforming Use

Any nonconforming use may be changed to a conforming use, and once a change is made, the use shall not be changed back to a nonconforming use.

2.

Nonconforming Use to Another Nonconforming Use

A nonconforming use shall not be changed to another nonconforming use.

3.

Conforming Use in a Nonconforming Structure

Where a conforming use is located in a Nonconforming Structure, the use may be changed to another conforming use by the process outlined in Subsection 90-3.06.F., Expansion of Nonconforming Uses and Structures.

F.

Expansion of Nonconforming Uses and Structures

An expansion of a Nonconforming Use or Nonconforming Structure is allowed in accordance with the following:

1.

Prohibited Expansion or Reoccupation

A Nonconforming Use or Nonconforming Structure shall not be expanded, reoccupied with another Nonconforming Use, or increased as of the effective date of this Zoning Ordinance, except as provided in 90-3.06.F., Expansion of Nonconforming Uses and Structures.

2.

Nonconforming Use Expansion in Existing Building

A Nonconforming Use may be enlarged, increased, or extended within an existing building provided:

a.

No structural alteration may be made on or in the existing building except those required by law to preserve the building in a structurally sound condition.

b.

Work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 50 percent of the current replacement value of the building.

c.

The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time the use became a nonconforming use.

3.

Nonconforming Use Prohibited from Expansion beyond Existing Building

A Nonconforming Use located within any building shall not be extended to occupy any land outside the building.

4.

Residential Lot Exemption

The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts except that a lot having less area than required by the Zoning Ordinance that was an official Lot of Record prior to the effective date may be used for a single-family dwelling.

5.

Expansion of Nonconforming Structures with Conforming Uses

Buildings or structures that do not conform to the area regulations or development standards in the Zoning Ordinance but where the uses are deemed conforming may only increase or expand the nonconforming structure in compliance with the current Zoning Ordinance Standards. In no case, shall a nonconforming structure increase the amount of nonconformity.

6.

Reuse of Nonconforming Structure by Conforming Uses Allowed

a.

Nonconforming Structures that have been abandoned and do not meet the current area regulations or development standards shall be allowed to be re-occupied by a conforming use.

b.

If re-occupied by a conforming use, then the new conforming use shall meet the applicable parking (Section 90-4.03, Parking Standards), and fire lane requirements for health, safety, and welfare reasons.

G.

Restoration of Nonconforming Structures

1.

Total or Partial Destruction

a.

If a Nonconforming Structure is destroyed by fire, the elements, or natural catastrophic event, it may be rebuilt as a Nonconforming Structure to its pre-destroyed dimensions and setbacks.

i.

The construction must comply with all current building codes, and zoning regulations in effect at the time the structure received its building permit.

ii.

The construction must commence within 12 months of the date of destruction.

iii.

The failure of the owner to start such reconstruction within 12 months shall forfeit the owner's right to restore or reconstruct the Nonconforming Structure, except in conformance with the Zoning Ordinance.

iv.

If the regulations cannot be determined or if the regulations are disputed for the time the structure received its building permit, then the Board of Adjustment shall hold a hearing and shall take evidence, such as previously adopted ordinances, photographs, and tax records, to determine the standards that apply.

v.

Any change to a dimension or a setback of the Nonconforming Structure shall be approved by a Zoning Variance.

b.

If the owner of a Nonconforming Structure has a Nonconforming Use and fails to begin reconstruction of the destroyed structure within 12 months of the date of destruction, then the Nonconforming Structure and Nonconforming Use shall be deemed to be discontinued or abandoned.

H.

Movement of Nonconforming Structure

A Nonconforming Structure may be relocated within the same platted lot, and shall comply with all setback and screening requirements.

I.

Completion of Structures

Nothing in the Zoning Ordinance shall require any change in the plans, construction, or designated use of the following:

1.

Approved Building Permit

A building or structure for which a Building Permit has been issued or a Site Plan approved prior to the effective date, provided that the permit or Site Plan shall expire in accordance with the time periods set forth in this Zoning Ordinance.

2.

Building in the Approval Process

A building or structure for which a complete Application for a Building Permit was accepted by the Planning Director on or before the effective date, provided however, that such Building Permit shall comply with all applicable ordinances in effect on the date such application was filed.

J.

Abandonment of Nonconforming Uses

1.

Once a Nonconforming Use has been abandoned, the Nonconforming Use shall not be allowed to be reintroduced within the applicable zoning district. This prohibition of the reoccupation or reintroduction of an abandoned Nonconforming Use shall be enforced by the denial of building permit or certificate of occupancy applications.

2.

A Nonconforming Use shall be considered abandoned and surrendered, forfeited, and lost when evidence presented to the Planning Director indicates that a structure designed or arranged for a Nonconforming Use has ceased to be used in a bona fide manner as a Nonconforming Use for a period of six consecutive calendar months. For purposes of calculating the six-month period, a use is abandoned upon the occurrence of the first of any of the following events:

a.

On the date when the use of land is physically vacated;

b.

On the date the use ceases to be actively involved in the sale of merchandise or the provision of services;

c.

On the date of termination of any lease or contract under which the nonconforming use has occupied the land; or

d.

On the date a final reading of water or power meters is made by the applicable utility provider(s).

3.

A Nonconforming Use, when abandoned, shall not be resumed and any further use shall be in conformity with the provisions of this Zoning Ordinance.

4.

Any Nonconforming Use that does not involve a permanent type of structure or operation and that is moved from the premises shall be considered to have been abandoned.

5.

Abandonment of a Nonconforming Use requires intent.

6.

Any Nonconforming Use that does not involve a permanent type of structure or operation and that is moved from the premises shall be considered to have been abandoned.

7.

Unless the nonconforming use status is reinstated pursuant to Subsection 90-3.06.K., Loss of and Reinstatement of Nonconforming Use Status, an abandoned use shall not be instituted on that parcel or other parcel in any district which does not permit the abandoned use.

K.

Loss of and Reinstatement of Nonconforming Use Status

1.

Loss of Nonconforming Use Status

If the Planning Director determines that a Nonconforming Use has met the definition of abandonment and has lost its nonconforming use status, the use shall not be instituted on that parcel or other parcel in any district that does not permit the discontinued use.

2.

Application for Nonconforming Use Status Reinstatement

a.

The owner or operator of the abandoned Nonconforming Use may submit a written application to the Board of Adjustment to have the nonconforming rights reinstated.

b.

Written application for reinstatement of nonconforming rights must be made within 30 days after the denial of building permit or certificate of occupancy application for the Nonconforming Use.

3.

Board of Adjustment Hearing

a.

The Board of Adjustment shall hold a hearing on the requested reinstatement of a Nonconforming Use status within 30 calendar days of the request or the next scheduled Board of Adjustment, whichever is greater.

b.

The applicant and the Planning Director shall submit any evidence or findings to the Board of Adjustment for consideration in the case.

c.

The Board of Adjustment shall use the above abandonment criteria in deliberating the case.

4.

Board of Adjustment Decision

The Board of Adjustment may reinstate the Nonconforming Use status and thus allow the building permit or certificate of occupancy application to be processed only if the Board of Adjustment finds that the use was not discontinued for six months or more. The failure of the owner or operator to remove on-premises signs shall not be considered (on its own) evidence of a continuing use.

L.

Nonconforming Use Created by Acquisition of Right-of-Way

1.

Lawful Conforming Structure

Where a lot, tract, or parcel is occupied by a lawful structure, and where the acquisition of Right-of-Way by eminent domain proceedings, dedication, or purchase by the City, the county, the state, or a federal agency creates a Nonconforming Structure, lot, or setback, the structure shall be deemed a lawful conforming structure, to the extent the nonconformity results from the acquisition of the Right-of-Way. In the event the structure is partially or totally destroyed by natural causes; the structure may be rebuilt.

2.

Cases in which the Owner Receives Compensation for Screening or Landscaping

In the event the owner of an interest in real property receives compensation for screening or landscaping in the form of curative measures or damages to the remainder in a Right-of-Way acquisition, the owner shall relocate required fencing or landscaping originally located on the acquired property to the remainder of the tract as closely as practicable to the required setback.

3.

Cases in which the Owner Receives Compensation for Demolition

A Certificate of Occupancy and Compliance shall not be issued for any structure for which compensation has been paid for the demolition of the structure or for other curative measures until such time that the structure meets all applicable ordinances or the curative measures for which the compensation was paid have been completed. For purposes of this section, "curative measures" are those actions, corrections, repairs or improvements identified in an appraisal or similar valuation analysis prepared in the context of considering damages to the remainder suffered as a result of the acquisition of a portion of property.

(Ord. No. 3154-17, § 1, 4-10-2017)

A.

Residential Accessory Buildings and Uses

1.

The following regulations apply to Accessory Buildings servicing lots zoned for residential uses:

2.

Accessory Buildings and uses incidental to other permitted uses are permitted within residential zoning districts and include private garages, carports, tool house, lath or greenhouse as hobby (no business), home workshop, children's playhouse, private stables (no rental), barns, or coops (no rental); private swimming pool and garden shelter.

3.

The following regulations apply to Guest House/Servants' Quarters operating as Accessory Buildings or as a use attached to the main building:

a.

A Guest House/Servants' Quarters shall not be less than 600 square feet when built over a garage, nor less than 750 square feet when freestanding, and shall not contain more than 1,000 square feet of living area or 30 percent of the main structure, whichever is less.

i.

Nothing herein shall authorize the occupancy or the use of a Guest House/Servants' Quarters by anyone other than a bona fide guest or servant employed by the occupant of the main structure on such lot, estate or land.

ii.

A Guest House/Servants' Quarters may be constructed as a part of the main building.

b.

Any Accessory Building for human habitation shall not be occupied until the main dwelling has been completed.

c.

Only one Guest House/Servants' Quarters shall be allowed on any individual tract of land.

d.

Guest House/Servants' Quarters shall not be leased or rented.

4.

Accessory Building and Use Limitations in Association within Dwelling, Single-Family (Attached - Townhouse) Development.

Only the following Accessory Buildings and uses are permitted for Dwelling, Single-Family (Attached - Townhouse) developments:

a.

One stall attached garage (Garage, Private (Attached)); or

b.

One stall detached private garage (Garage, Private (Detached)).

5.

Architectural Elements for Residential Accessory Buildings.

a.

All Accessory Buildings 120 square feet and larger shall meet the building material requirements of Subsection 90-4.06.A.1.b, Masonry Regulations for Accessory Buildings.

b.

The color and materials of the roof of the accessory building must closely resemble the color and materials of the roof of the main building unless the accessory building is prefabricated or pre-finished.

6.

Garage Conversions.

a.

Area Regulations: A garage or accessory building attached to a residential dwelling may be structurally altered and converted into useable living area, provided that off-street parking must be provided that will, at a minimum, equal any existing garage parking coverage so converted.

7.

Swimming Pool Installation.

a.

Any person, firm, corporation, or other entity constructing or installing a swimming pool within the city shall so notify the city public works department. For purposes of this section, a swimming pool is defined as a pool having capacity in excess of 10,000 gallons. After the notification, the person constructing or installing said swimming pool shall ensure that any and all drains from the swimming pool are fed into the city's sanitary sewer system. After the drains have been installed, the applicant shall notify the city public works department, which shall make an inspection of any and all swimming pool drains before water service is authorized for said swimming pool.

b.

All private swimming pools built, erected, structurally altered or installed on a lot within the city shall:

i.

Be located in the rear yard;

ii.

Have a least a five-foot setback from all lot lines to the water's edge, and at least a ten-foot setback from the rear lot line where there is no dedicated alley; and ten feet from any utility easement.

iii.

Be enclosed with a suitable wall or fence having:

1.

A height of less than eight feet but more than six feet;

2.

No openings, other than doors or gates, that measures more than two inches in a horizontal direction;

3.

Doors or gates that are equipped with self-closing, self-latching devices designed to keep, and capable of keeping, such doors and gates securely closed at all times when such doors are not in actual use; and

4.

A design or construction which deters small children from climbing such wall or fence.

c.

Swimming pool pump and filter installation:

i.

Pump and filter installation for private swimming pools within the city shall be located in the rear yard.

B.

Nonresidential Accessory Buildings

1.

The exterior façade of all Accessory Buildings shall be constructed to meet the requirements of Subsection 90-4.06.A.2.b, Masonry Regulations for Accessory Buildings.

2.

In the nonresidential districts, an Accessory Building shall not exceed the height of the main building and shall not exceed 50 percent of the floor area of the main building, and shall be used for purposes accessory and incidental to the main use.

C.

Nonresidential Accessory Uses Allowed on the First Floor of Multiple-Family Developments

1.

The nonresidential accessory use shall be allowed only if the accessory use is within the same building as an active multiple-family use and is located on the first floor of the building.

D.

Single-Family or Duplex Residential Flags and Flagpoles

1.

Scope

The regulations set out in this section apply to flags and detached flagpoles for single-family and duplex homes in all residential zoning districts.

2.

Setbacks

The minimum setback from any property line, overhead utility line, or public right-of-way shall be a distance equal to the vertical distance from the ground to the top of the pole.

3.

Size

a.

The height of a flag pole shall not exceed 25 feet measured from the natural grade.

b.

The size of the flag shall in no event exceed 24 square feet in area.

4.

Number

a.

No more than one flagpole shall be allowed per building site or lot.

b.

No more than three flags may be mounted vertically and displayed on the flagpole located on a building site or lot. Furcated poles with multiple mounting structures shall not be allowed.

c.

Small flags (not to exceed 24 square feet) mounted in stanchions on the face/eaves of buildings and flags that are displayed flush to the face of the building are not limited in number.

E.

Additional Standards

See Section 14-33 of the City Code of Ordinances for additional Accessory Building Regulations.

(Ord. No. 3154-17, § 1, 4-10-2017; Ord. No. 3167-18, § 7, 3-26-2018)