1. A.

   Purpose. The purpose of this Article is to: 

   1. 1.

      Districts. Establish zoning districts on the Official Zoning Map that will provide for quality development and that will correspond to the specific purpose statements for each zoning district as set out in 2.13, Zoning Districts Established; 

   2. 2.
      Dimensional Standards. Establish standards for building placement, building height, lot area, lot width, amenity and development type requirements, and density; and  
   3. 3.
      Uses. Establish permitted, limited, special, and prohibited uses in each zoning district. 
2. B.
   Applicability.
3.  
   1. 1.
      Effect. The districts set out in this Division apply to all land, buildings, structures, and appurtenances within the corporate boundaries of the City.
   2. 2.
      Zoning Districts. As of the effective date of this ULDC, land zoned with a district classification from the previous zoning regulations will be either consolidated into or renamed with a new district designation in accordance with Sec. 2.13, Zoning Districts Established. 

Effective on: 1/1/1901

1. A.
   Generally. Zoning districts are shown on the map entitled "Official Zoning Map" of the City of Baytown. The Planning Director and Office of the City Clerk shall each keep a complete copy of the Official Zoning Map in any convenient format, either electronically or in hard copy, available for inspection during regular business hours.
2. B.
   Force and Effect. The Official Zoning Map and all notations, references, and other information shown on the map are a part of this ULDC and have the same force and effect as the text of this ULDC.
3. C.
   Interpretation of District Boundaries.    

   1. 1.
      Generally. This Section shall govern interpretations regarding the location of zoning district boundaries shown on the Official Zoning Map.
   2. 2.
      Boundaries Following Property Lines. District boundaries shown as approximately following property lines shall be construed as following such property lines.
   3. 3.
      Boundaries Following Right-of-Way Lines. District boundaries shown as approximately following right-of-way lines of a street, highway, alley, railroad or other identifiable boundary shall be construed as following such right-of-way line or identifiable boundary.
   4. 4.
      Boundaries not Following Identifiable Features. On unsubdivided land or when a district boundary follows no identifiable feature, the location of district boundaries shall be determined by using the map scale appearing on the official map, unless the district line is indicated by dimensions printed on the official map, in which case the printed dimensions shall control.
   5. 5.
      Streets and Rights-of-Way. Streets, alleys, rights-of-way, and other public ways will not be zoned and shall not affect district boundaries.
   6. 6.
      Body of Water Shorelines. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines. 
   7. 7.
      Street Abandonments. Whenever any street, alley or public way is abandoned or vacated by official action of the City Council, the districts adjoining each side of such street, alley, or public way shall be automatically extended to the centerline of such abandonment or vacation, and all areas included in the abandonment or vacation shall be subject to the regulations of the extended districts.
   8. 8.
      Uncertainties. Where existing physical or natural features contradict those shown on the Official Zoning Map or when any other uncertainty exists, the location of district boundaries shall be determined by the Planning Director.
4. D.
   Classification of Annexed Areas.  Any annexed land shall be zoned in accordance with its associated future land use as recommended in the Future Land Use Map in the Comprehensive Plan, unless the owner or majority of owners of the subject property files a rezoning application, in which case such property shall be zoned in accordance with Section 7.43, Zoning Map Amendment. The default zoning district upon annexation for any property that is not classified on the Future Land Use Map shall be Open Space/Recreation (OR). 

Effective on: 1/1/1901

The zoning districts outlined in Table 2.13-1, Zoning Districts show the future land use designation from the Comprehensive Plan that each zoning district implements, list the available development types that are further articulated in 4.22, Development Types, establish available development types, and identifies the former zoning district from the predecessor ULDC. Purpose statements for each zoning district are included within each zoning district in Article 2, Division 2, Zoning Districts and Dimensional Standards. 

Effective on: 5/1/2025

1. MUN Example Building

2. MUN Example Development Pattern

Note: The above images are shown only for illustrative purposes and are not meant to prescribe the use of these building forms. 

7. MUN Housing and Building Type Illustrations
Average Lot		Maximum Building			Minimum / Maximum Setbacks
A = Area	B = Width	C = Height			D = Front	E = Street Side	F = Side	G = Rear
Mixed-Use Building

(Ordinance No. 16,024, 12/12/2024) 

Effective on: 1/1/2025

1. A.
   Purpose. The Planned Unit Development (PUD) district is a district designed to provide for the development of land as an integral unit for single or mixed uses in accordance with a Detail Plan that may vary from the established regulations of other zoning districts. It is the intent in such a district to ensure compliance with good zoning practices while allowing certain desirable departures from the strict provisions of specific zoning classifications.
2. B.
   Application. An application for a PUD district shall be processed in accordance with 7.45, Planned Unit Development.
3. C.
   Minimum Area of Site for PUD. The minimum area for PUD shall be five acres. 
4. D.
   Base District. A base zoning district shall be specified. The regulations in the base zoning district shall control unless specifically stated otherwise in the PUD. The base district specified in the plans is the minimum criteria to be met where the developer and council choose not to specify standards as an alternative to the base.

5. E.
   PUD Standards. Development in the PUD district shall comply with the following standards:

   1. 1.
      Use Mixing.  A PUD shall provide a mix of residential and nonresidential uses, when feasible.
   2. 2.
      Building Types. A PUD district shall provide a mix of building types, when feasible.
   3. 3.
      Pedestrian and Non-Motorized Connections. Pedestrian and non-motorized amenities shall be provided to establish connections within the site, and to adjacent streets. Amenities may include, but are not limited to:

      1. a.
         Sidewalks and trails;
      2. b.
         Wayfinding markers and signage;
      3. c.
         Crosswalks, raised intersections, traffic signals, or other safety features;
      4. d.
         Curb cuts for bicycles, wheelchairs, and other forms of non-motorized transportation; and
      5. e.
         Paths that connect to buildings, parking areas, open space areas, and public streets.
   4. 4.
      Other Development and Subdivision Standards. The development standards and subdivision standards proposed in a PUD shall meet or exceed those required in Article 3, Development Standards, and Article 4, Subdivision Design. 
   5. 5.
      Standards Ineligible for Modification.  A PUD shall not modify the following provisions:

      1. a.
         Density. The permitted gross density in a PUD shall not exceed the maximum density permitted by the base district as set forth in this Division.
6. F.
   Deviation from ULDC Standards.  The PUD may depart from strict conformance with the eligible standards of this ULDC to the extent specified in the Detail Plan and documents authorizing the PUD so long as the proposal generally confirms to Paragraph E, PUD Standards, above, provides tangible benefits to the City or to the neighborhood in which it is located. These benefits shall be in the form of provisions of exceptional amenities, design excellence, or other public benefits. The waiver of any requirement shall be the direct cause of accrual of positive benefits to the residents of the development and to the general public (e.g., waiver of yard requirements might result in more usable open space). Departure from any requirement specified in this ULDC or other City ordinances and regulations is a privilege and shall be granted only upon recommendation of the Planning and Zoning Commission and approval by the City Council.

Effective on: 1/1/1901

1. A.
   Applicability.

   1. 1.
      Generally. Civic and open space is required by specific zoning districts established in Division 2.2, Zoning Districts and Dimensional Standards, and is elaborated upon by this Section. The intent of this section is to guide the applicant to fulfill the district’s civic and open space requirements. Each zoning district is assigned a ratio that is based on the district’s context with some open spaces allocated extra credit based on their value to the district character, achievement of other City policies (such as the use of low-impact development (LID) design to reduce stormwater runoff), and the relative cost to provide and maintain the space.
   2. 2.
      Exemptions.  Civic and open space requirements do not apply to the following on existing lots of record:

      1. a.
         Single-unit detached homes; or
      2. b.
         Duplex homes.
2. B.
   Exclusions for Civic and Open Spaces. The following areas shall not be counted as open space:

   1. 1.
      Yards. Private yards on individual lots;
   2. 2.
      Driveways and Landscaping.  Driveways, parking areas, and required landscape islands;
   3. 3.
      Structures. Land covered by structures not designated for active or passive recreational uses; and
   4. 4.
      Outdoor Display and Storage. Designated outdoor display and storage areas, as permitted.  
3. C.

   Prohibited Uses of Civic and Open Spaces. Required open space shall not be used for the following purposes: 

   1. 1.
      Wastewater. Individual wastewater disposal systems;
   2. 2.
      Electrical. Overhead electrical transmission lines or high voltage electrical transmission lines; and
   3. 3.
      Pavement. Streets (except for street crossings as provided in the site development plan) and impervious surface parking lots.  
4. D.
   Qualifying Open Space.

   1. 1.
      Generally. Access to the civic and open space shall be designated for active use by residents or members of the general public. 
   2. 2.
      Required Space. Where the zoning district or this Section requires open space, the following areas count toward the total requirement at the rate as required by the zoning districts established in Division 2.2, Zoning Districts and Dimensional Standards.
   3. 3.
      Character. Land reserved by the developer for open space shall be of a character and location suitable for the proposed use and must meet the minimum requirements for each open space type allowed as defined in each district.
   4. 4.
      Location. Civic and open space shall be readily accessible to and visible from the street and connected to a public sidewalk.
   5. 5.
      Perimeter Access.  A minimum of 25 percent of the perimeter of required open space shall abut a street.
   6. 6.
      Accessibility. The civic and open space shall be designed in accordance with the Americans with Disabilities Act requirements.

Table 2.27-1, Civic and Open Space Types
Category	Visual Example	Character and Location
Site Improvements
Enhanced Parking Lot Landscaping		Parking lot landscaping exceeding the requirements of Sec. 3.42, Development Landscaping, and consisting of green infrastructure consistent with the City of Baytown Stormwater Management Plan or a landscaped walkway with landscaping and streetscaping of at least 10 feet in width that connects sidewalks to the front building entrance. Parking lot landscaping does not function as stormwater management.
Enhanced Stormwater Management		Stormwater management features that comply with the City of Baytown Stormwater Management Plan and designed for recreational use or as a common open space, and that: (1) comprise of at least 0.5 contiguous acres; (2) cannot be inundated and become unusable for their designated recreational or open space purposes (3) are capable of draining within 24 hours during a 10-year storm event; and (4) are constructed of natural materials with terracing, berms or contouring to naturalize and enhance the aesthetics of the features, and with maximum slopes of 3:1.
Common Open Spaces
Natural Areas		Areas established for the protection of natural attributes of local, regional, and statewide significance, which may be used in a sustainable manner for scientific research, education, aesthetic enjoyment, and appropriate use not detrimental to the primary purpose (other than wetlands as provided above). These areas are resource rather than user-based, but may provide some passive recreational activities such as hiking, nature study, and picnicking. Active recreation facilities are not appropriate. Natural Areas may include riparian buffers, floodplains, or natural wetlands visible from walkways provided in and through the wetland.
Greenways		A series of connected natural areas for passive recreation (including areas protected by state or federal law) such as ravines, creeks, streams, woodlands, floodplains, or protected tree canopy that connect buildings or gathering spaces with trail systems, or that buffer the site from streets or neighboring areas.
Community Gardens		A site operated and maintained by a homeowners' association or the public to cultivate trees, herbs, fruits, vegetables, flowers, or other ornamental foliage for personal use, consumption, donation or off-site sale of items grown on the site.
Parks		An open space area improved with playground equipment1 or other active recreation improvements. These may be surrounded by street frontages and building frontages, but this is not required. There is  no minimum or maximum size for a park, but the site shall be designed with a minimum of 60% pervious cover with remainder consisting of amenities, crushed stone, or pavers. All walkways shall connect to the adjacent sidewalk in the public right-of-way.
Rooftop Garden		A vegetated space on top of a flat or gently sloped roof. Space is usable by the general public, residents, employees, or customers. Any rooftop garden installed shall provide a roof edge protection to avoid loose material from falling. This edge shall include an opaque perimeter barrier with a minimum height of 42 inches.
Civic Spaces
Plazas		An open area with seating that is adjacent to, or part of, a building. Plazas function as gathering places and may incorporate a variety of non-permanent activities such as vendors and display stands. A plaza requires a minimum depth and width of 10 feet and a minimum total area of 300 square feet.
Squares		An area improved with a combination of lawn, landscaping and seating areas, and that are accessible to the public or the project’s tenants or customers. A square shall be a minimum of 10,000 SF.
Courtyards		A contiguous open area, open to the public, that is completely or mostly enclosed by the walls of an adjacent building.
Common Greens		A common open space available for unstructured recreation, its landscaping consisting of grassy areas, trees, shrubs, and other landscaping.
Recreation Areas		A hard-surfaced recreation area such as a tennis court.
School Sites		An open space, playground, or facility utilized by the school during school hours, but otherwise open for public use.
Community Centers or Other Public Facilities		A building and grounds used as a place of meeting, recreation, or social activity.
Table Notes: 1. All playground equipment shall be compliant with U.S. CPSC standard 325, 2010, “Public Playground Safety Handbook,” U.S. Consumer Protection Safety Commission, Bethesda, MD.

Table 2.27-1, Civic and Open Space Types
Category	Visual Example	Character and Location
Site Improvements
Enhanced Parking Lot Landscaping		Parking lot landscaping exceeding the requirements of Sec. 3.42, Development Landscaping, and consisting of green infrastructure consistent with the City of Baytown Stormwater Management Plan or a landscaped walkway with landscaping and streetscaping of at least 10 feet in width that connects sidewalks to the front building entrance. Parking lot landscaping does not function as stormwater management.
Enhanced Stormwater Management		Stormwater management features that comply with the City of Baytown Stormwater Management Plan and designed for recreational use or as a common open space, and that: (1) comprise of at least 0.5 contiguous acres; (2) cannot be inundated and become unusable for their designated recreational or open space purposes (3) are capable of draining within 24 hours during a 10-year storm event; and (4) are constructed of natural materials with terracing, berms or contouring to naturalize and enhance the aesthetics of the features, and with maximum slopes of 3:1.
Common Open Spaces
Natural Areas		Areas established for the protection of natural attributes of local, regional, and statewide significance, which may be used in a sustainable manner for scientific research, education, aesthetic enjoyment, and appropriate use not detrimental to the primary purpose (other than wetlands as provided above). These areas are resource rather than user-based, but may provide some passive recreational activities such as hiking, nature study, and picnicking. Active recreation facilities are not appropriate. Natural Areas may include riparian buffers, floodplains, or natural wetlands visible from walkways provided in and through the wetland.
Greenways		A series of connected natural areas for passive recreation (including areas protected by state or federal law) such as ravines, creeks, streams, woodlands, floodplains, or protected tree canopy that connect buildings or gathering spaces with trail systems, or that buffer the site from streets or neighboring areas.
Community Gardens		A site operated and maintained by a homeowners' association or the public to cultivate trees, herbs, fruits, vegetables, flowers, or other ornamental foliage for personal use, consumption, donation or off-site sale of items grown on the site.
Parks		An open space area improved with playground equipment1 or other active recreation improvements. These may be surrounded by street frontages and building frontages, but this is not required. There is  no minimum or maximum size for a park, but the site shall be designed with a minimum of 60% pervious cover with remainder consisting of amenities, crushed stone, or pavers. All walkways shall connect to the adjacent sidewalk in the public right-of-way.
Rooftop Garden		A vegetated space on top of a flat or gently sloped roof. Space is usable by the general public, residents, employees, or customers. Any rooftop garden installed shall provide a roof edge protection to avoid loose material from falling. This edge shall include an opaque perimeter barrier with a minimum height of 42 inches.
Civic Spaces
Plazas		An open area with seating that is adjacent to, or part of, a building. Plazas function as gathering places and may incorporate a variety of non-permanent activities such as vendors and display stands. A plaza requires a minimum depth and width of 10 feet and a minimum total area of 300 square feet.
Squares		An area improved with a combination of lawn, landscaping and seating areas, and that are accessible to the public or the project’s tenants or customers. A square shall be a minimum of 10,000 SF.
Courtyards		A contiguous open area, open to the public, that is completely or mostly enclosed by the walls of an adjacent building.
Common Greens		A common open space available for unstructured recreation, its landscaping consisting of grassy areas, trees, shrubs, and other landscaping.
Recreation Areas		A hard-surfaced recreation area such as a tennis court.
School Sites		An open space, playground, or facility utilized by the school during school hours, but otherwise open for public use.
Community Centers or Other Public Facilities		A building and grounds used as a place of meeting, recreation, or social activity.
Table Notes: 1. All playground equipment shall be compliant with U.S. CPSC standard 325, 2010, “Public Playground Safety Handbook,” U.S. Consumer Protection Safety Commission, Bethesda, MD.

Table 2.27-1, Civic and Open Space Types
Category	Visual Example	Character and Location
Site Improvements
Enhanced Parking Lot Landscaping		Parking lot landscaping exceeding the requirements of Sec. 3.42, Development Landscaping, and consisting of green infrastructure consistent with the City of Baytown Stormwater Management Plan or a landscaped walkway with landscaping and streetscaping of at least 10 feet in width that connects sidewalks to the front building entrance. Parking lot landscaping does not function as stormwater management.
Enhanced Stormwater Management		Stormwater management features that comply with the City of Baytown Stormwater Management Plan and designed for recreational use or as a common open space, and that: (1) comprise of at least 0.5 contiguous acres; (2) cannot be inundated and become unusable for their designated recreational or open space purposes (3) are capable of draining within 24 hours during a 10-year storm event; and (4) are constructed of natural materials with terracing, berms or contouring to naturalize and enhance the aesthetics of the features, and with maximum slopes of 3:1.
Common Open Spaces
Natural Areas		Areas established for the protection of natural attributes of local, regional, and statewide significance, which may be used in a sustainable manner for scientific research, education, aesthetic enjoyment, and appropriate use not detrimental to the primary purpose (other than wetlands as provided above). These areas are resource rather than user-based, but may provide some passive recreational activities such as hiking, nature study, and picnicking. Active recreation facilities are not appropriate. Natural Areas may include riparian buffers, floodplains, or natural wetlands visible from walkways provided in and through the wetland.
Greenways		A series of connected natural areas for passive recreation (including areas protected by state or federal law) such as ravines, creeks, streams, woodlands, floodplains, or protected tree canopy that connect buildings or gathering spaces with trail systems, or that buffer the site from streets or neighboring areas.
Community Gardens		A site operated and maintained by a homeowners' association or the public to cultivate trees, herbs, fruits, vegetables, flowers, or other ornamental foliage for personal use, consumption, donation or off-site sale of items grown on the site.
Parks		An open space area improved with playground equipment1 or other active recreation improvements. These may be surrounded by street frontages and building frontages, but this is not required. There is  no minimum or maximum size for a park, but the site shall be designed with a minimum of 60% pervious cover with remainder consisting of amenities, crushed stone, or pavers. All walkways shall connect to the adjacent sidewalk in the public right-of-way.
Rooftop Garden		A vegetated space on top of a flat or gently sloped roof. Space is usable by the general public, residents, employees, or customers. Any rooftop garden installed shall provide a roof edge protection to avoid loose material from falling. This edge shall include an opaque perimeter barrier with a minimum height of 42 inches.
Civic Spaces
Plazas		An open area with seating that is adjacent to, or part of, a building. Plazas function as gathering places and may incorporate a variety of non-permanent activities such as vendors and display stands. A plaza requires a minimum depth and width of 10 feet and a minimum total area of 300 square feet.
Squares		An area improved with a combination of lawn, landscaping and seating areas, and that are accessible to the public or the project’s tenants or customers. A square shall be a minimum of 10,000 SF.
Courtyards		A contiguous open area, open to the public, that is completely or mostly enclosed by the walls of an adjacent building.
Common Greens		A common open space available for unstructured recreation, its landscaping consisting of grassy areas, trees, shrubs, and other landscaping.
Recreation Areas		A hard-surfaced recreation area such as a tennis court.
School Sites		An open space, playground, or facility utilized by the school during school hours, but otherwise open for public use.
Community Centers or Other Public Facilities		A building and grounds used as a place of meeting, recreation, or social activity.
Table Notes: 1. All playground equipment shall be compliant with U.S. CPSC standard 325, 2010, “Public Playground Safety Handbook,” U.S. Consumer Protection Safety Commission, Bethesda, MD.

Table 2.27-1, Civic and Open Space Types
Category	Visual Example	Character and Location
Site Improvements
Enhanced Parking Lot Landscaping		Parking lot landscaping exceeding the requirements of Sec. 3.42, Development Landscaping, and consisting of green infrastructure consistent with the City of Baytown Stormwater Management Plan or a landscaped walkway with landscaping and streetscaping of at least 10 feet in width that connects sidewalks to the front building entrance. Parking lot landscaping does not function as stormwater management.
Enhanced Stormwater Management		Stormwater management features that comply with the City of Baytown Stormwater Management Plan and designed for recreational use or as a common open space, and that: (1) comprise of at least 0.5 contiguous acres; (2) cannot be inundated and become unusable for their designated recreational or open space purposes (3) are capable of draining within 24 hours during a 10-year storm event; and (4) are constructed of natural materials with terracing, berms or contouring to naturalize and enhance the aesthetics of the features, and with maximum slopes of 3:1.
Common Open Spaces
Natural Areas		Areas established for the protection of natural attributes of local, regional, and statewide significance, which may be used in a sustainable manner for scientific research, education, aesthetic enjoyment, and appropriate use not detrimental to the primary purpose (other than wetlands as provided above). These areas are resource rather than user-based, but may provide some passive recreational activities such as hiking, nature study, and picnicking. Active recreation facilities are not appropriate. Natural Areas may include riparian buffers, floodplains, or natural wetlands visible from walkways provided in and through the wetland.
Greenways		A series of connected natural areas for passive recreation (including areas protected by state or federal law) such as ravines, creeks, streams, woodlands, floodplains, or protected tree canopy that connect buildings or gathering spaces with trail systems, or that buffer the site from streets or neighboring areas.
Community Gardens		A site operated and maintained by a homeowners' association or the public to cultivate trees, herbs, fruits, vegetables, flowers, or other ornamental foliage for personal use, consumption, donation or off-site sale of items grown on the site.
Parks		An open space area improved with playground equipment1 or other active recreation improvements. These may be surrounded by street frontages and building frontages, but this is not required. There is  no minimum or maximum size for a park, but the site shall be designed with a minimum of 60% pervious cover with remainder consisting of amenities, crushed stone, or pavers. All walkways shall connect to the adjacent sidewalk in the public right-of-way.
Rooftop Garden		A vegetated space on top of a flat or gently sloped roof. Space is usable by the general public, residents, employees, or customers. Any rooftop garden installed shall provide a roof edge protection to avoid loose material from falling. This edge shall include an opaque perimeter barrier with a minimum height of 42 inches.
Civic Spaces
Plazas		An open area with seating that is adjacent to, or part of, a building. Plazas function as gathering places and may incorporate a variety of non-permanent activities such as vendors and display stands. A plaza requires a minimum depth and width of 10 feet and a minimum total area of 300 square feet.
Squares		An area improved with a combination of lawn, landscaping and seating areas, and that are accessible to the public or the project’s tenants or customers. A square shall be a minimum of 10,000 SF.
Courtyards		A contiguous open area, open to the public, that is completely or mostly enclosed by the walls of an adjacent building.
Common Greens		A common open space available for unstructured recreation, its landscaping consisting of grassy areas, trees, shrubs, and other landscaping.
Recreation Areas		A hard-surfaced recreation area such as a tennis court.
School Sites		An open space, playground, or facility utilized by the school during school hours, but otherwise open for public use.
Community Centers or Other Public Facilities		A building and grounds used as a place of meeting, recreation, or social activity.
Table Notes: 1. All playground equipment shall be compliant with U.S. CPSC standard 325, 2010, “Public Playground Safety Handbook,” U.S. Consumer Protection Safety Commission, Bethesda, MD.

5. E.

   Public Uses.

   1. 1.

      Common Open Spaces. All land reserved for dedication to the municipality shall have prior approval by the City Council and shall be noted on the plat: “Reserved for common open space purposes."

   2. 2.

      School Sites. All land reserved for dedication for public school use shall be reviewed by the Board of the respective school district. Said property shall be noted on the plat: “Reserved for school.”

   3. 3.

      Community Centers or Other Public Facilities. All land reserved for dedication for a community center or other public facility use shall be reviewed by a public entity with responsibility, capacity, and jurisdiction for acceptance, development, operation, and maintenance of said facility. All land reserved for dedication to the public facility shall be noted on the plat “Reserved for public (type of facility).”

   4. 4.

      Plat to Provide for Common Open Spaces and Civic Spaces. 

      1. a.

         Where a tract to be subdivided includes common open space or civic space, the applicant shall arrange for a Pre-Application Conference with the Planning Director, in accordance with Sec. 7.21, Pre-Application Conference, and indicate said information on the Sketch Plan. 

      2. b.

         Upon submittal of a Master Development Plan, in accordance with Sec. 7.42, if the Planning and Zoning Commission and the appropriate local government official or public agency determines a continued need for the public facility indicated on the Comprehensive Plan, the applicant shall incorporate the proposed site onto the preliminary and final plats.

   5. 5.

      Notice to Property Owner. Upon receipt of an affirmative report, the Planning and Zoning Commission shall notify the property owner and shall designate on the preliminary and final plats the area proposed for acquisition by the public body.

   6. 6.

      Duration of Land Reservation. Unless a part of an approved Capital Improvements Program, the acquisition of land reserved by a public agency on a Preliminary Plat or final plat shall be initiated within 12 months of the date of approval by the Planning and Zoning Commission of the Preliminary Plat. If the public agency fails to initiate acquisition within the prescribed 12 months, the 12-month reservation period shall expire, thereby, freeing the property for development according to these regulations.

6. F.
   Ownership and Management of Open Space.

   1. 1.
      Ownership. Required open space shall be owned and maintained by one of the following entities:

      1. a.
         Land Conservancy or Land Trust. A bona fide land conservancy or land trust with legal authority may own the open space. The responsibility for maintaining the open space and any facilities may be borne by a land conservancy or land trust.
      2. b.
         Homeowners' Association (HOA). A homeowners' association representing residents of the development may own the open space. The homeowners' association must have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities is borne by the homeowners' association.
   2. 2.
      Conveyance. The conveyance of common open space shall be in accordance with the following:

      1. a.
         Open space shall be conveyed to the land conservancy or homeowners' association in fee simple without any encumbrances except drainage, greenway and utility easements. Title to the real property shall be conveyed no later than the time of the conveyance of the first lot within the applicable phase of the development.
      2. b.
         Open space shall be preserved for the perpetual benefit of the residents within the development and it shall be restricted against private or public ownership for any other purpose except acquisition by condemnation or in lieu of condemnation and the granting of utility, drainage, and greenway easements.

Effective on: 1/1/1901

1. A.
   Permitted Uses. Permitted uses and structures are set forth in Table 2.31-1, Land Use Table, which presents the permitted uses within each zoning district classification.

   1. 1.
      Symbols. Table 2.31-1 uses the following symbols: 

      1. a.
         "P" means that the land use is Permitted by Right, subject to the standards that apply to all Permitted uses.  
      2. b.
         "L" means a Limited Use, in which the Planning Director shall use the criteria set forth in 2.33, Use-Specific Standards, to determine whether to authorize a land use requested by the applicant or whether to recommend it for a decision of the Planning and Zoning Commission subject to the procedures set forth in Sec. 7.44, Special Use Permit.
      3. c.
         "S" means a Special Use, which may be approved following a public hearing by the City Council for a Special Use Permit, subject to:

         1. i.
            The standards in 2.34, Special Use Standards; and
         2. ii.
            The procedures set forth in 7.44, Special Use Permit.
      4. d.
         "--" means that the use is Prohibited in the specified zoning district.
   2. 2.
      Use Standards. The "Use Standards" column provides a reference to associated standards for Limited and Special Uses. Where the "--" is in the column, the use has no associated standards.
   3. 3.
      Unlisted Use Categories and Uses. A use category of specific use is prohibited if it is not listed in Table 2.31-1 and if the Planning Director cannot interpret an unlisted specific use as functionally similar to a use that is allowed, based on the criteria in 2.38, New and Unlisted Uses.

(Ordinance No. 16,024, 12/12/2024; Ordinance No. 16,111, 04/10/2025; Ordinance No. 16,249, 09/25/2025; Ordinance No. 16,334, 12/11/2025; Ordinance No. 16,334, 12/11/2025)

Effective on: 12/22/2025

1. A.
   Purpose.  This Section sets out the criteria to be used in deciding the appropriateness of a special use and the application of standards or conditions for such uses.  The standards of this Section apply to all special uses set out in Sec. 2.31, Consolidated Use Table.       
2. B.
   Special Use Permit Required.  A special use permit, approved in accordance with Sec. 7.44, is required for:

   1. 1.
      Use Table.  All residential and nonresidential land uses identified as a special use in Sec. 2.31, Consolidated Use Table; and,
   2. 2.
      Conversion of Nonconformities. A land use that is being proposed to be transferred from a legally nonconforming use to be legally conforming per Sec. 8.13, Conversion of Nonconformities. 
3. C.
   Criteria. In a review of special use permit applications pursuant to the uses established by zoning district, the Planning Director, the Planning and Zoning Commission, and the City Council shall utilize the following criteria:

   1. 1.
      Surrounding Properties. The proposed use will operate or be designed in a manner that does not diminish the use or functionality of surrounding properties;
   2. 2.
      Required Improvements. Provisions for hours of operation, parking and loading areas, driveways, lighting, signs, landscaping, buffering, and other site improvements have been provided;
   3. 3.
      Public Services. Adequate public services (such as: streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police and fire protection) shall be available without the reduction of services to any existing uses;
   4. 4.
      Design Features. 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,
   5. 5.
      Compatibility.  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.
4. D.
   Conditional Approval.  The City Council may require additional conditions beyond the criteria listed in Paragraph (C), above, to reasonably mitigate any adverse impacts upon surrounding properties in the zoning district of the property for which the special use is requested.
5. E.
   Additional Standards for Specific Residential Uses.

   1. 1.
      Group Living Uses.

      1. a.
         Evacuation Plan. The following Group Living uses shall annually prepare and implement an evacuation plan for all residents in accordance with Chapter 22, Civil Emergencies, of the Code of Ordinances:

         1. i.
            Boardinghouse;
         2. ii.
            Group home for substitute care;
         3. iii.
            Dormitory;
         4. iv.
            Halfway house;
         5. v.
            Homeless shelter;
         6. vi.
            Orphanage; and
         7. vii.
            Personal care home.  
      2. b.
         Required Distance. Group Living uses shall be separated by a minimum of one-half mile. 

         1. i.
            Such measurements shall be measured from property line to property line; and
         2. ii.
            In making the determination that no group housing use requiring a special use permit exists within one-half mile, the Planning Director may consider information provided by the applicant, information contained in the records of the City, and information obtained by physical inspection of the premises.  
6. F.
   Additional Standards for Specific Nonresidential Uses.

   1. 1.
      Sexually Oriented Commercial Enterprises. Sexually-Oriented Commercial Enterprises shall comply with the standards in Chapter 4, Article II, Sexually Oriented Commercial Enterprises, of the City's Code of Ordinances.
   2. 2.
      Junkyard, Salvage Yard, or 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 Sec. 3.44, Screening and Fencing.
   3. 3.
      Packaging (Hazardous Materials). The placement of products into bulk containers or placing hazardous products in to containers of any kind for the purpose of transport to another location shall require a Special Use Permit.
   4. 4.
      Recreational Vehicle (RV) Park.  Recreational vehicle (RV) parks shall meet all standards of Chapter 58, Article IV, Recreational Vehicles, of the City's Code of Ordinances. Recreational Vehicle Parks must also have a minimum size of five (5) acres. Property not subject to a valid recreational vehicle park operating license pursuant to chapter 58 if in operation prior to April 13, 2013, must have an approved special use permit prior to receiving a building permit.
   5. 5.
      Resource Extraction.  To establish and operate a mine or any other facility that extracts natural resources from the ground: 

      1. a.
         Site Plan. A survey and legal description of the property is required to be submitted showing the following:

         1. i.
            A north arrow;
         2. ii.
            Scale;
         3. iii.
            Date; 
         4. iv.
            Name of property owner(s) for subject property and all adjacent property;
         5. v.
            Existing and proposed features of the subject property and property within 200 feet of the subject property such as: property lines, streets, alleys, easements, buildings or other structures, driveways, screening, and landscaping.
      2. b.
         Statement of Depth.  The application shall designate the depth to which excavation or fill will be made and the angle of all side slopes.
      3. c.
         Dust.  The application shall include a statement describing provisions for controlling dust.
      4. d.
         Traffic. The application shall include a statement of precautions to be taken to guide traffic movements safely in, around, and by the resource or extraction operation.
      5. e.
         Oil and Gas Drilling. In addition to the requirements of Chapter 62, Article II, Oil and Gas, of the City's Code of Ordinances, the resource extraction is for oil and/or gas drilling shall meet the following standards:

         1. i.
            All drilling, oil or gas operations shall be separated from all adjacent uses by opaque screening. 
   6. 6.
      Short-Term Rental.  Refer to the Standards in Subsec. 2.33-3, Residential Uses.  
   7. 7.
      Slaughterhouse. A slaughterhouse shall be at least 1,000 feet from any residential property line. 
   8. 8.
      Utilities, Major.

      1. a.
         Generally. The use is setback a minimum of 25 feet from the right-of-way of all streets bounding the property on which the use is located.
      2. b.
         Wireless Communications Facilities. Stand-alone wireless communication facilities shall comply with the standards in Sec. 2.37, Wireless Communications Facilities. Utilities, Major.
   9. 9.
      Battery Storage System Facility.

      1. a.
         Battery Energy Storage System (BESS) containers must be located a minimum of 200 feet from all residential uses/structures and a minimum of 100 feet from all other uses/structures.
      2. b.
         The project site must be screened by a masonry wall, minimum of 6 feet tall.
      3. c.
         The project site must be screened using bufferyard "B" from ULDC Table 3.43-2 adjacent to any commercial districts and bufferyard "C" adjacent to any residential districts.
      4. d.
         For applications for a Special Use Permit for Battery Energy Storage System, the applicant shall be required to provide notice of neighborhood meetings and required public hearings by mail to owners of land within 500 feet of the property line of the property on which the proposed BESS operations are proposed to occur, per Sec. 7.25 public notice.
      5. e.
         At least one neighborhood meeting must be held to inform residents of the area of this planned project prior to required public hearings.
      6. f.
         Construction must meet NFPA 855 standards and all other applicable codes.
      7. g.
         A decommissioning plan must be submitted before any permits will be issued for construction.

(Ordinance No. 16,111, 04/10/2025; Ordinance No. 16,249, 09/25/2025)

Effective on: 10/5/2025

1. A.
   Generally.  An accessory use or structure may be established provided that it is associated with a primary use in the Use Categories in 2.32, Use Categories, and that it complies with the standards of this Section.
2. B.
   Purpose.  The purpose of this Section is to establish minimum standards for accessory uses and structures that:

   1. 1.
      Advance the general welfare of the community;
   2. 2.
      Protect the general health and safety of the community;
   3. 3.
      Enhance and protect the aesthetic interests of the community;
   4. 4.
      Protect property values and lessen the impact that some accessory structures may have on residential properties; and
   5. 5.
      Promote economic development by making the community a more desirable place to live, conduct business, and recreate. 
3. C.
   Standards that Apply to All Accessory Uses and Structures. The following standards shall apply to accessory uses and structures except as this Section or ULDC indicates otherwise.

   1. 1.
      Subordination. The accessory use or structure shall be subordinate to and serve a primary use or primary structure. Except as provided in this Section, a non-agricultural accessory structure must be subordinate in height to the primary structure.
   2. 2.
      Commercial Use. Accessory structures located on residentially zoned or used property shall not be used for commercial purposes other than home occupations that comply with this Section.
   3. 3.
      Timing of Construction. No detached accessory structure shall be constructed until the construction of the primary structure has commenced with the exception of the construction of a garage, carport, noncommercial dock/pier, noncommercial greenhouse, or private barn/stable on ER and SR zoned properties where a Special Use Permit has been issued in accordance with the provisions below.

      1. a.
         All applications for a Special Use Permit under this section shall be filed with the Director of Planning & Development Services. The site plan along with the application will become part of the special use permit, if approved. The accompanying site plan shall provide the following information:

         1. i.
            Data describing all activities involved with the proposed use;
         2. ii.
            Boundaries of the area covered by the site plan;
         3. iii.
            The location of each proposed accessory structure including the number of stories, height, roofline, and gross floor area of any such building or structure;
         4. iv.
            The location of existing drainageways, proposed drainageways, and significant natural features;
         5. v.
            The location of any Special Flood Hazard Areas on the subject property and a description of mitigation measures to be implemented with the proposed use;
         6. vi.
            Proposed buffers, if required by Section 3.43;
         7. vii.
            The location, height and type of each wall, fence, and all other types of screening; and
         8. viii.
            Any other information reasonably required by the Director of Planning & Development Services.
      2. b.
         Consideration of completed application. After the submission of a completed application, the Director of Planning & Development Services shall follow the procedure for consideration of the special use permit by the commission and the City Council as set forth in Section 7.44.
      3. c.
         Approved special use permit. If a special use permit is issued pursuant to the section, the time limit, revocation and any amendments to the approved permit shall comply with Section 7.44
   4. 4.
      Same Property. An accessory use or structure must be located on the same parcel or lot as the primary use or structure.
   5. 5.
      Separation. No accessory structure shall be located closer than six feet to any other structure.
   6. 6.
      Setbacks.

      1. a.
         Generally. Accessory structures shall comply with the front, interior side, and exterior side setback standards for the primary structure established in Article 2, Zoning Districts and Dimensional Standards. 
      2. b.
         Front Setback. No accessory building or structure may be erected within any front setback.
   7. 7.
      Easements. Accessory structures permanently affixed to the ground shall not encroach into an easement.
   8. 8.

      Height.  The maximum wall height for a residential accessory structure is 15 feet.  

   9. 9.
      Fence Orientation. The finished side of all fences shall face outward toward adjacent rights-of-way. Posts and supports shall face inward toward the subject property. 

4. D.
   General Accessory Structures or Uses.

   1. 1.
      Donation Bin / Recycling Collection, Drop-Off. 
   2. 2.
      Electric Vehicle Charging Stations (EVCS).
   3. 3.
      Solid Waste Collection and Trash Enclosures.

      1. a.
         Generally. Solid waste collection and trash enclosures shall be incorporated into the overall design of the building and landscape so that visual impact of brush and waste containers are fully contained and out of view from adjacent properties and public rights-of-way.
      2. b.

         Residential Uses. Centralized solid waste facilities may be provided for attached or multifamily residential uses by the use of dumpsters or garbage bins if it is demonstrated that:

         1. i.

            The facilities are located no more than 200 feet (walking distance) from the individual residential uses that they are intended to serve.

         2. ii.
            The facilities are located in a side or rear yard, unless it is not possible to provide service access in such locations.
         3. iii.
            Access to the facilities is configured to meet the requirements of the City refuse service.
         4. iv.
            The areas where dumpsters and/or garbage bins are stored are fully enclosed by an opaque fence constructed of stucco-finished concrete block and/or earthen berms.
         5. v.
            If an enclosure must be located in a front yard, it is designed and constructed to be consistent and compatible with principal building in terms of materials and architecture.
         6. vi.
            The enclosures have gates which remain closed at all times except when the dumpster or garbage bins are being serviced.
         7. vii.
            The enclosures are landscaped as indicated below in Figure 2.35-1, Trash Enclosures for Residential and Nonresidential Uses.
         8. viii.
            The enclosures are oriented so that landscaping faces adjoining properties or streets.   
      3. c.
         Nonresidential Uses. Solid waste collection facilities, generally. Dumpsters or garbage bins may be provided for solid waste collection if it is demonstrated that:

         1. i.
            The facilities are located no more than 200 feet (walking distance) from all individual commercial uses that they are intended to serve.
         2. ii.
            The facilities are not located in the street yard and instead are located behind the principal building or in a side or rear yard.
         3. iii.
            The facilities are placed a minimum distance of 20 feet from any public right-of-way, public sidewalk, or property line that abuts a residential zoning district or any residential use;
         4. iv.
            Access to the facilities is configured to meet the requirements of the City refuse service.
         5. v.
            The areas where dumpsters and/or garbage bins are stored are fully enclosed by an opaque fence constructed of any one or more of the following materials and include an opaque gate:

            1. (A)
               Redwood; 
            2. (B)
               Rough cedar;
            3. (C)
               Pressure-treated lumber;
            4. (D)
               Brick;
            5. (E)
               Concrete; and
            6. (F)
               Masonry materials. 
         6. vi.
            A minimum height of the greater of six feet or one foot taller than the waste container provided that the maximum height shall not exceed 10 feet in height.
         7. vii.
            The areas where dumpsters and/or garbage bins are stored are fully enclosed by an opaque fence constructed of masonry or earthen berms improved with ground cover.
         8. viii.
            Meet City engineering, infrastructure, and construction design standards, including those that pertain to maneuvering space.
         9. ix.
            The enclosures are landscaped as indicated in Figure 2.35-1, Trash Enclosure for Residential and Nonresidential Uses.
         10. x.
             The enclosures are oriented so that landscaping faces adjoining properties or streets. 

4.  
   4. 4.
      Fences. 

      4. a.
         Setbacks. Fences and walls are permitted in any required setbacks. 
      5. b.
         Safety. Fences constructed of barbed wire and walls topped with broken glass or surfaced with any like material shall be prohibited except as provided in this Subsection.
      6. c.
         Height. Walls and fences constructed on property used for or restricted to residential uses shall be no greater than six feet in height, subject to the following limitations, except as provided for in this section:

         10. i.
             The height of a wall or fence shall be the vertical distance between the ground and the top of the fence. In terrain where the ground slopes at a grade of 10 percent or more, the fence or wall may be built in ten-foot horizontal stair-step sections, the average height of each section shall comply with the height regulations set forth herein.
         11. ii.
             Notwithstanding any contrary provisions in this ULDC, the Planning Director may approve an overall fence height not to exceed eight feet in height as measured according to subsection c.1 of this section. Such authorization shall be based on specific proposals that demonstrate superior craftsmanship, aesthetic harmony with and enhancement of the streetscape and the neighborhood, structural integrity, durability, safety, and overall design standards.
         12. iii.
             No wall or fence located on a lot with two street frontages (corner lot) shall have a height in conflict with the regulations governing visibility at intersections as prescribed in Chapter 109, Article III, Sec. 109-76, Geometric Standards, in the City's Code of Ordinances.
      7. d.
         Prohibited Fence Types. The following fencing materials shall be prohibited:

         1. i.
            Barbed, razor, or electric wire, unless exempted as regulated in Subsection f, below;
         2. ii.
            Used lumber;
         3. iii.
            Fiberglass, unless one good coat of primer and two coats of neutral paint are applied; and
         4. iv.
            Used or salvage materials unless specifically noted on plans and approved by the Building Official. 
      8. e.
         Location.

         1. i.
            Fences or walls may be placed in the front. side, or rear yard setbacks provided they do not violate sight triangles and provided that fences in the front yard setback greater than 42 inches in height are non-opaque.
         2. ii.
            No fences shall be located within a clear visibility triangle as set forth in Table 2.41-1, Measurements. 
         3. iii.
            No wall or fence shall be located in a dedicated drainage easement in which an existing or improved drainage channel is located. 
      9. f.
         Fencing Exceptions. 

         1. i.

            Barbed wire shall not be used on fencing except under the following circumstances:

            1. (A)
               Fencing for property used for agriculture or grazing purposes;
            2. (B)
               Security fencing for nonresidential uses in the nonresidential zoning districts where the barbed wire is six feet or more above the ground level; and
            3. (C)
               Security fencing for a site operated by a local, state or federal government agency or a franchised utility company where the barbed wire is six feet or more above the ground level and not visible from the right-of-way of a Freeway identified in the Comprehensive Plan.
         2. ii.
            Wired electrical fences shall be installed in accordance with the National Electrical Code as adopted by the City and may be used only for the purposes designed for and shall be Underwriters' Laboratory approved. Wired electrical fencing may be used on a property used for agriculture or grazing purposes only and shall not be used for fencing adjacent to or in any residential district.  Notice of such fence shall be posted at least once along each adjoining public right-of-way and at intervals not less than 500 feet.

5. E.
   Residential Accessory Structure or Use.

   11. 1.
       Accessory Structures.

       9. a.
          Location. 

          4. i.
             An accessory structure shall be located in the interior side or rear yard; and,
          5. ii.
             An accessory structure shall be no closer than six feet from any building.
       10. b.
           Height. An accessory structure shall not exceed 20 feet in height.
       11. c.
           Size.

           1. i.
              For a tract of land one acre or smaller:

              1. (A)
                 The sum of all accessory structures shall not exceed the gross square footage of the primary structure on the same lot.
           2. ii.
              For a tract of land larger than one acre:

              1. (A)
                 The sum of all residential accessory structures shall not exceed 10% of the lot area of the lot the accessory structure is located on.

1.  
   1.  
      5. e.
         Timing. Accessory structures shall not be built until the foundation of the primary building has been laid and framing of the primary building is substantially completed.
2.  
   2. 2.
      Accessory Dwelling Units (ADUs).  One accessory dwelling unit per property shall be permitted in all residential zoning districts as an accessory use to single-unit detached, or the single-unit attached housing type in the MR, UR, MUN, DTA, and SJ zoning districts, subject to the following standards:
3.  
   1.  
      1. a.
         ADU Types. There are two types of ADUs:

         1. i.
            Integrated ADUs; and
         2. ii.
            Detached ADUs.
      2. b.
         Integrated ADUs.

         1. i.
            Integrated ADUs are located within a permitted building and shall comply with the building placement standards for the permitted and associated principal building type.
         2. ii.
            Integrated ADUs may be established by dividing space within a principal building (See (A) in Figure 2.35-1, below), or by adding floor area to an existing building (See (B), below). Integrated ADUs may be accessed from within the principal building or from outside, according to the standards of this Section.
         3. iii.
            Integrated ADUs appearance:

            1. (A)
               Integrated ADUs shall not involve design modifications to the exterior of the principal building that make their presence obvious.
            2. (B)
               Where exterior doors provide direct access to the integrated unit, such doors shall be designed, located, and configured in a manner that is typical for secondary access to a residential dwelling (e.g. side doors, French doors, etc.).
            3. (C)
               Any exterior stairs that would serve as the primary entrance to the ADU shall be located on the side or rear of the principal structure and are prohibited from being located on the front of the principal structure.
            4. (D)
               If a principal building is expanded to accommodate an integrated ADU, the expansion shall be designed in a manner that is comparable to the principal building.
            5. (E)
               Only one entrance may be located on the front facade of the principal building facing the street unless the building contained additional front entrances prior to the ADU's construction.
      3. c.
         Detached ADUs.

         1. i.
            Detached ADUs are dwelling units that are located inside of an accessory structure, such as a detached residential garage (See (C) in Figure 2.35-1, below) or detached structure (D).
         2. ii.
            Alleys. Where an improved alley adjacent to the lot exists, vehicular access to the ADU shall take place from the alley.
         3. iii.
            Prohibited Locations. ADUs may not be established within manufactured homes or structures and vehicles that do not have a permanent foundation, including, but not limited to recreational vehicles, travel trailers, or campers.
         4. iv.
            Maximum Floor Area of the ADU.

            1. (A)
               Measurement. The floor area is measured as the area within the ADU itself and does not include areas of an accessory structure that are used for other purposes, such as a detached garage or a workshop that is not incorporated into the ADU. 
            2. (B)
               Standard. The floor area of an ADU shall not exceed 50 percent of the total square footage of the principal residential building to which it is accessory, or 1,000 square feet, whichever is less.
         5. v.
            Required Parking for ADUs. In the SR, MR, and UR districts, in addition to the parking requirements for the principal residential use set out in 3.32, Required Off-Street Parking, one off-street parking space for the ADU shall be provided.

1.  
   3. 3.
      Bed and Breakfast Home.

      1. a.
         The lot is conforming relative to the standards of this ULDC;
      2. b.
         Meals are for overnight occupants and guests only (use of the home for an external catering service is prohibited);
      3. c.
         Private events are allowed only by issuance of a Special Use Permit;
      4. d.
         The home is inspected and has a written record indicating that it meets all applicable building and fire codes prior to occupancy;
      5. e.
         The principal use of the bed and breakfast home is a single-unit dwelling; and
      6. f.
         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.
   4. 4.
      Child or Group Day Care Home.

      1. a.
         The operator must reside on the premises;
      2. b.
         The use shall be clearly accessory to the residential use;
      3. c.
         The use shall meet State registration and licensing requirements;
      4. d.
         The resident operator, if not the owner of the property, shall provide a letter of authorization from the property owner;
      5. e.
         Outdoor play areas are enclosed by a fence that is at least six feet in height; and
      6. f.
         The use shall be accessed by a public street. 
   5. 5.
      Community Gardens.

      1. a.
         Location. The entirety of the community garden shall be located within the rear yard and shall not be located within any required setback.
      2. b.
         Screening. The entirety of the community garden shall be screened by an opaque fence where the community garden abuts residential properties. 
      3. c.
         Composting. Composting may be performed on-site, within a composting container, subject to the following:

         1. i.
            Composted materials shall be generated on-site or contributed by members of the community garden; and
         2. ii.
            All composting containers shall be located a minimum of 20 feet from side and rear property lines and a minimum of 40 feet from the front property line. 
   6. 6.
      Home Occupations. Permitted home occupations, unless permitted as a Live-Work Unit in 7.210, Consolidated Use Table, shall be in compliance with the standards within this Section. 

      1. a.
         Permitted Home Occupations. A home occupation shall be permitted if the activity produces no impact to the surrounding properties. A no-impact home occupation shall comply with the following criteria:

         1. i.
            The total number of on-site employees and clients does not exceed the City occupancy limit for the residential property; and 
         2. ii.
            The business activities are characterized by all of the following:

            1. (A)
               The activities are limited to the sale of lawful goods and services;
            2. (B)
               The activities do not generate on-street parking or a substantial increase in traffic through the residential area;
            3. (C)
               The activities occur inside the residential dwelling or in the yard of the residential property; and
            4. (D)
               The activities are not visible from a street adjacent to the residential property.
      2. b.
         Prohibited Home Occupations. The following home-based businesses are considered prohibited:

         1. i.
            Animal hospitals; 
         2. ii.
            Private clubs; 
         3. iii.
            Restaurants; 
         4. iv.
            Stables and kennels; 
         5. v.
            Vehicle repair shops. More than two vehicles per year that are not registered at the residence and are rebuilt, repaired, or reconstructed shall constitute an automobile repair or auto body shop;
         6. vi.
            Vehicle paint shop;
         7. vii.
            Any occupation which is considered illegal by law; and
         8. viii.
            Any use which does not meet the standards in subsection (e), below.
      3. c.
         Home Occupations Other Than Listed Above. Any home occupation which is not considered “permitted” or “prohibited” shall use and abide by the special use process as described in 7.44, Special Use Permit. 
      4. d.
         Nonresidential Zoning Districts. The home occupation standards in this Section shall have no application in any non-residential zoning district unless permitted as a Live-Work Unit in 7.210, Consolidated Use Table.
      5. e.
         Standards for All Home Occupations.

         1. i.
            Area Limitation. The home occupation may not exceed 25 percent of the gross floor area of the principal dwelling.
         2. ii.
            Safety. The occupation may not be more dangerous to life, personal safety, or property than any other activity ordinarily carried on with respect to a dwelling used solely for residential purposes.
         3. iii.
            Non-compliance. Any home occupation which does not abide by the terms of this Section or the operational performance standards in 3.31, Performance Standards, shall be punishable under Article 9, Enforcement, Violations, and Penalties.
         4. iv.
            Modifications or Additions. Structural modifications or additions to the residence for the expansion of a home occupation shall be constructed to be compatible with the primary structure and remain residential in appearance. 
         5. v.
            Traffic and Parking. Traffic generated by the home occupation shall not be objectionable to the neighboring residents. Off-street parking shall be adequate to accommodate the parking demand generated by the home occupation.
         6. vi.
            Deliveries. The home occupation shall not require the delivery or shipment of materials, merchandise, goods, or equipment by other than passenger motor vehicles, one-ton step-up vans, or similar-sized trucks that are less than 10 tons gross vehicle weight.
         7. vii.
            Equipment. Any materials, equipment, or merchandise or stock in trade sold, repaired, or displayed shall be stored entirely within the residential structure or in an accessory structure.
         8. viii.
            Vehicles. There shall be no storage of vehicles that have more than two axles.
         9. ix.
            Signs. There shall be no signs or other exterior visible evidence of a home occupation.
         10. x.
             Residential Character. The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to exterior appearance or by the emission of dust, gas, noise, odor, or smoke, or in any other way.
         11. xi.
             Residential Design Features. The building shall include no features of design not customary for residential use. 
         12. xii.
             No Exterior Display. No use shall indicate from the exterior any display that the building is being used in part for any purpose other than that of a dwelling, with the exception of permitted signage.
   7. 7.
      Outdoor Swimming Pool, Spa, and Hot Tub. A private swimming pool along with incidental installations, such as pumps and filters, is permitted in any residential zoning district subject to the following standards: 

      1. a.
         Permit. No swimming pool shall be constructed or placed until a swimming pool building permit has been issued. No building permit shall be issued unless the proposed pool complies with applicable local and state regulations.
      2. b.
         Enclosure. Pool enclosure requirements for pools located in residential districts must meet current adopted Building Codes for single-family residential pools, spas, and hot tubs. 
      3. c.
         Lighting. All lighting of the pool is shielded or directed to face away from adjoining residences.
   8. 8.
      Recycling Collection.

      1. a.
         Recycling collection bins may be made available for use by the general public.
      2. b.
         Recycling collection bins may be located:

         1. i.
            In loading or service areas that are at least 50 feet from property lines or screened from public view and abutting uses by a six-foot-tall masonry wall (which may be a part of a bufferyard); or
         2. ii.
            In a dumpster enclosure (see Subsection D.3, Solid Waste and Trash Enclosures, above).
      3. c.
         Recycling collection bins shall be constructed of a durable waterproof and rustproof material.
      4. d.
         Recycling collection bins shall be clearly marked to identify the type of material to be deposited and the identity, address, and phone number of the operator.
   9. 9.
      Registered Family Home (Child Care). 

      1. a.
         Compliance. The use is in compliance with all certification, licensing, and/or monitoring requirements as per Texas Human Resources Code, Chapter 42, Regulation of Certain Facilities, Homes, and Agencies that Provide Child-Care Services.
      2. b.
         Operator Requirement.

         1. i.
            The operator must reside on the premises; and
         2. ii.
            The resident operator, if not the owner of the property, shall provide a letter of authorization from the property owner.
      3. c.
         Accessory. The use shall be clearly accessory to the single-family residential use.
      4. d.
         Dimensional Requirements. The use shall conform with all of the dimensional requirements established in Article 2, Zoning Districts and Dimensional Standards, for the districts for which the use is permitted.
      5. e.
         Outdoor Play Area. Outdoor play areas are enclosed by a fence that is at least six feet in height.
      6. f.
         Access to Site. The use shall be accessed by a public street.
   10. 10.
        Chicken-Keeping. Complies with all provisions of Chapter 14, Animals, of the City's Code of Ordinances.

6. F.
   Agricultural Accessory Structure or Use. 

   1. 1.
      Generally. All accessory structures or uses that support an agricultural activity shall follow the following criteria:

      1. a.
         Floor Area and Height. An accessory structure that supports an agricultural activity may exceed the floor area and height of the principal building. 
      2. b.
         Residential Separation. All agricultural structures (excluding fences) used to house livestock shall be located so that they are no closer than 150 feet from a dwelling unit on another property. This requirement shall not apply if a dwelling unit is constructed so as to encroach upon such separation, except that such an agricultural structure may no longer expand towards a newly established residential use.
7. G.
   Nonresidential; Accessory Structure or Use.

   1. 1.
      Automated Teller Machine (ATM) or Vending Kiosk. ATMs or vending kiosks are permitted subject to the following: 

      1. a.
         Accessory Use. They shall be customarily associated with a permitted principal use, located on the same lot or parcel and shall not serve as a principal use;
      2. b.
         Setback. They shall be set back from property lines one foot for each foot in height of the kiosk or ATM;
      3. c.
         Height. They shall not exceed a maximum height of 10 feet;
      4. d.
         Mounting. They shall be elevated above parking lot surfaces and protected by a six-inch curb, with a minimum radius around the base of the kiosk of five feet. Bollards shall not be used for collision protection unless they are integrated into a decorative metal fence that surrounds the structure except at points of access; and 
      5. e.
         Pedestrian Access. Walk-up vending kiosks and ATMs shall be connected to the internal and external pedestrian circulation systems and do not interfere with vehicular circulation; or
      6. f.
         Vehicular Access. Drive-through vending kiosks and ATMs shall have circulation that is independent from parking areas and shall provide a minimum of three stacking spaces, including the position at the kiosk or ATM.
   2. 2.
      Community Garden.  All community gardens accessory to a principal nonresidential use shall conform with the following criteria:

      1. a.
         Accessory Use. A community garden may be permitted as an accessory use to:

         1. i.
            Household Living;
         2. ii.
            Group Living;
         3. iii.
            Community Service;
         4. iv.
            Day Care (Adult or Child);
         5. v.
            Government Facilities;
         6. vi.
            Medical Facilities;
         7. vii.
            Parks and Open Areas;
         8. viii.
            Social Service Establishments;
         9. ix.
            Utilities;
         10. x.
             Place of Public Assembly; and,
         11. xi.
             Educational Facilities.
      2. b.
         Location. The entirety of the community garden shall not be located within any required setback. 
      3. c.
         Composting. Composting may be performed on-site, within a composting container, subject to the following:

         1. i.
            Composted materials shall be generated on-site or contributed by members of the community garden; and
         2. ii.
            All composting containers shall be located a minimum of 40 feet from side and rear property lines and a minimum of 80 feet from the front property line. 
8.  
   4. 4.
      Drive-In or Drive-Through Facility.

      1. a.
         Generally. Drive-in or drive-through facilities are permitted only as an accessory use to a principal use.
      2. b.
         Access. The facility shall take access from an arterial or collector street.
      3. c.
         Location. The drive-in or drive-through facility shall not be located within the front yard setback.
      4. d.
         Speakers. Drive-through speakers shall be either: 

         1. i.
            Oriented to face away from a single- or two-family dwelling or a residential zoning district; or
         2. ii.
            Be setback a minimum of 25 feet from a single- or two-family dwelling or a residential zoning district.
      5. e.
         Buffering. Ordering stations facing abutting residentially zoned or used property shall be buffered with a five- to six-foot-high fencing and landscaping.
   5. 5.
      Electric Vehicle Charging Stations.

      1. a.
         Generally. Electric vehicle charging stations are permitted as an accessory use in conjunction with an approved parking area or fueling station service area in any zoning district.
      2. b.
         An electric vehicle charging station is a public or private parking space(s) that is (are) served by battery charging equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle. 
      3. c.
         Levels 1 and 2.

         1. i.
            Level 1 electric charging stations are considered slow charging and operates on a fifteen to twenty amp breaker on a one hundred-twenty-volt AC circuit. 
         2. ii.
            Level 2 electric charging stations are considered medium charging and operated on a forty to one hundred amp breaker on a two hundred eight or two hundred forty-volt AC circuit. 
         3. iii.
            Electric vehicle charging stations utilizing parking stalls located in a parking lot or parking garage or in on-street parking spaces shall comply with the following standards. Due to the fact the technology associated with electric vehicles, batteries and electric vehicle charging stations is relatively new and is anticipated to change, and that there is a lack of municipal experience on consumer and community preferences and attitudes with regard to electric vehicles, the Code Enforcement Officer may authorize variations from these standards, so long as the intent and goal of the standards and this chapter are addressed.
         4. iv.
            Except when located in conjunction with single-unit residences, electric vehicle charging stations shall be reserved for parking and charging of electric vehicles only. 
         5. v.
            Each electric vehicle charging station located in a nonresidential or agricultural district shall be posted with signage indicating the space is only for electric vehicle charging purposes. Signage shall include items contained in subsection F of this section. Way-finding signs conveniently located to guide motorists to the charging stations are permitted with the approval of the Development Department. 
         6. vi.
            Equipment for electric vehicle charging stations shall comply with the following standards: 

            1. (A)
               Equipment mounted on pedestals, lighting posts, bollards, or other devices for on-street charging station shall be designed and located as to not impede pedestrian travel or create trip hazards within the right-of-way. 
            2. (B)
               Charging station outlets and connector shall be no less than thirty-six inches or no higher than forty-eight inches from the top of the surface where mounted and shall contain a retraction device or a place to hang cords and connectors above the ground surface. 
            3. (C)
               Equipment shall be protected by wheel stops or concrete-filled bollards. 
         7. vii.
            Notification. The following information shall be posted at all electric vehicle charging stations: 

            1. (A)
               Voltage and amperage levels; 
            2. (B)
               Hour of operations if time limits or tow-away provisions are to be enforced by the property owner; 
            3. (C)
               Usage fees; 
            4. (D)
               Safety information; and,
            5. (E)
               Contact information for reporting when the equipment is not operating or other problems. 
         8. viii.
            Electric vehicle charging stations located within parking lots or garages may be included in the calculation of the minimum required parking spaces. 
         9. ix.
            Electric vehicle charging stations may be located in any yard. 
      4. d.
         Level 3 and Battery Exchange. 

         1. i.
            Level 3 electric vehicle charging stations are considered fast or rapid charging and operated on a sixty amp or higher breaker on a four hundred eighty volt or higher three-phase circuit with special grounding equipment. Level 3 stations can also be referred to as rapid charging stations that are typically characterized by industrial-grade electrical outlets that allow for faster recharging of electric vehicles. 
         2. ii.
            Electric vehicle charging stations utilizing parking stalls located in a parking lot or parking garage or in on-street parking spaces shall comply with the following standards. Due to the fact the technology associated with electric vehicles, batteries, and electric vehicle charging stations is relatively new and is anticipated to change, and that there is a lack of municipal experience on consumer and community preferences and attitudes with regard to electric vehicles, the Code Enforcement Officer may authorize variations from these standards, so long as the intent and goal of the standards and this chapter are addressed. 
         3. iii.
            Equipment for electric vehicle charging stations shall comply with the following standards: 

            1. (A)
               Equipment mounted on pedestals, lighting posts, bollards, or other devices for on-street charging station shall be designed and located as to not impede pedestrian travel or create trip hazards within the right-of-way. 
            2. (B)
               Charging station outlets and connector shall be no less than thirty-six inches or no higher than forty-eight inches from the top of the surface where mounted and shall contain a retraction device or a place to hang cords and connectors above the ground surface. 
            3. (C)
               Equipment shall be protected by wheel stops or concrete-filled bollards. 
9.  
   6. 6.
      Outdoor Display of Merchandise.

      1. a.
         Generally. Permanent or seasonal outdoor display of merchandise is permitted in the GC and FC zoning districts subject to the requirements of this Section. 
      2. b.
         Accessory Use. The outdoor display area involves items for sale by a business that is located within a permanent structure or a designated area on the same site.
      3. c.
         Attached to Principal Building. An outdoor display area that is attached to a principal building (see Figure 2.35-1, Attached Outdoor Display Area) is permitted if the outdoor display area is:

         1. i.
            If covered, the display area shall be covered with a roof structure that is architecturally integrated into the primary building, except that nursery areas may be covered by greenhouse roofing, screening, or another cover material that is appropriate for protecting plant stock; 
         2. ii.
            Adjacent to a wall of a principal structure;
         3. iii.
            Within the buildable area of the site formed by the required setbacks; 
         4. iv.
            Configured as a walled and/or decoratively fenced area that is architecturally integrated into the principal building;
         5. v.
            Not larger than 15 percent of the gross floor area of the principal building; and
         6. vi.
            Not located in areas that are required or used for parking, loading, or vehicular circulation.    

1.  
   7. 7.
      Outdoor Storage for Nonresidential Uses and Districts.

      1. a.
         Generally. Outdoor storage is permitted in the GC, LI, and HI zoning districts subject to the standards of this section. At the time any building, use, or structure is instituted, erected, enlarged, or converted from one land use to another land use which utilizes outdoor space for the storage or display of motor vehicles, equipment, or materials, on-site outdoor storage facilities shall be provided in accordance with these regulations. Such areas shall be provided in order that such vehicles, equipment, or materials may be displayed or stored without encroaching on or interfering with the public use of streets, alleys, and sidewalks.
      2. b.
         Surfacing and Drainage. All outdoor storage facilities, except for those in the LI and HI zoning districts, including access aisles, driveways, and maneuvering areas, shall be composed of an all-weather surface and shall meet the drainage requirements of this ULDC and of the City Engineer. In the HI zoning district, access aisles and maneuvering areas of enclosed outdoor storage areas may be composed of gravel. 
      3. c.
         Placement. An outdoor storage facility shall be located to the rear or side of the primary structure and away from the public right-of-way and adjacent residentially zoned or used property.
      4. d.
         Public Views. Outside storage shall be maintained to prevent public view of interior storage.
      5. e.
         Maneuvering of Inventory. The site shall be of adequate size, shape, and design to ensure:

         1. i.
            All maneuvering of inventory will be contained on-site;
         2. ii.
            No inventory will be backed onto the site from the public right-of-way;
         3. iii.
            All on-site maneuvering shall occur without encroaching onto adjacent properties or rights-of-way; and
         4. iv.
            Inventory will be maneuvered without conflicting with vehicular use areas.
      6. f.
         Buffering and Screening. Outdoor storage areas shall be screened from the public right-of-way and from adjacent properties with a Type B bufferyard as established in 3.43, Bufferyard Landscaping, together with a fence or wall that is a minimum of six feet and a maximum of eight feet in height.
      7. g.
         Exemptions. The following types of outdoor storage are exempt from the screening requirements of this Subsection:

         1. i.
            Retail planting stock and landscape stone or similar landscape materials, associated with a nursery or greenhouse;
         2. ii.
            Commercial vehicles related to a permitted business on-site; and
         3. iii.
            Finished recreational vehicles, automobiles, portable buildings, boats, trailers, manufactured homes, and other similar vehicles or equipment sold by a permitted use on-site.
   8. 8.
      Vehicle Fuel Station Dispensing Islands and Canopies. Vehicle fuel station dispensing islands and canopies shall be permitted as accessory structures for vehicle fuel station and vehicle service uses if it is demonstrated that:

      1. a.
         Canopies use a similar architectural style, materials, and roofing as the principal building.
      2. b.
         The trim of the canopy is not internally or externally illuminated.
      3. c.
         Gasoline dispensing islands and service station canopies are set back 15 feet from front lot or corner side yard lot lines; and
      4. d.
         Fuel station pumps and pump islands shall not be closer than 100 feet from any residential district.
   9. 9.
      Small Wind Energy Conversion System (SWECS). The following standards apply to Wind Energy Conversion Systems permitted as accessory to principle uses:

      1. a.
         Setback. The base of the tower shall be set back from all property lines, public rights-of-way, and public utility lines a distance equal to one and one-half times the total height. Less restrictive setbacks shall require variance approval by the City Council.
      2. b.
         Tower Height. The maximum tower height (meets sound and setback requirements) is permitted as follows:

         1. i.
            Ground-Mounted. The height limit for an accessory SWECS shall be the height limit in the underlying zoning district, as long as the SWECS meets the setback established in 9.a., above.
         2. ii.
            Building-Mounted. Rooftop SWECS shall not exceed a height of 10 feet above the roof or the top of a parapet, whichever is higher. Building-mounted SWECS shall be measured from the point at which the SWECS is mounted to the maximum arc of a blade at its peak arc. Non-bladed SWECS shall be measured from the base of the SWECS where it is mounted on the building to the highest point of the SWECS;
         3. iii.
            Exceptions. Height limitation imposed by the Federal Aviation Administration (FAA) shall supersede Subsections 9.b.1. and 9.b2., above.
      3. c.
         Distance between SWECS. The distance between the tower support base and any two SWECS shall be the minimum of five rotor lengths, determined by the size of the largest rotor.
      4. d.
         Fence. A fence with a minimum height of six feet with a locking gate shall be placed around any WECS tower base.
      5. e.
         Sound. Audible noise due to SWECS operations shall not exceed 55 dBA or 10 decibels greater than ambient noise levels, measured at the nearest dwelling or otherwise occupied structure. Sound levels may be exceeded during short-term events such as utility outages and/or severe wind storms.
      6. f.
         Lighting. No illumination of the turbine or tower shall be allowed unless required by the FAA.
      7. g.
         Signage. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other adjacent structure associated with a SWECS visible from any public street or adjacent property shall be prohibited.
      8. h.
         Access.

         1. i.
            Freestanding Tower. Climbing apparatus below 12 feet of a freestanding tower shall be removed to prevent unauthorized climbing.
         2. ii.
            Lattice or Guyed Towers. The bottom tower section must be secured such that it cannot readily be climbed.
      9. i.
         Interference. The SWECS operation shall not interfere with radio, television, computer, or other electronic operations on abutting or nearby properties.
      10. j.
          Ownership. Whenever the SWECS and/or property upon which the SWECS is sited are transferred to new ownership, all requirements and responsibilities pertaining to the SWECS are transferred to the new ownership.
      11. k.
          Abandonment. If a SWECS is inoperable for six consecutive months, the property owner shall be notified that they must, within six months of received notice, restore their system to operating condition. If the owner fails to restore their system within the required six-month time period, the owner is required at his/her expense to remove the wind turbine from the tower.
      12. l.
          Utility Notification. No SWECS shall be installed until the utility company has been informed of the customer's intent to install an interconnected customer-owned generator.
      13. m.
          FAA Regulations. No SWECS shall be constructed, altered, or maintained so as to project above any of the imaginary airspace surfaces described in FAR Part 77 of the FAA guidance on airspace protection.
      14. n.
          Compliance with National Electric Code. SWECS installation shall conform to the National Electric Code, as updated from time to time.
      15. o.
          Insurance. Additional insurance beyond property owners' or homeowners' coverage shall not be required.
      16. p.
          Building Permit. A building permit is required for SWECS.
   10. 10.
       Solar Panel Array (Small-Scale).

       1. a.

          Agreement. If solar panels are to be interconnected to the electric utility grid, proof of an executed interconnect agreement shall be provided to the Planning Director before the system is interconnected. Systems approved pursuant to this Subsection may not generate power as a commercial enterprise.

       2. b.

          Roof-Mounted.

          1. i.

             Roof-mounted solar panels may be located on principal and accessory structures.

          2. ii.

             A roof-mounted array on a pitched roof may not extend more than 12 inches above the roof surface if the roof is visible from the public right-of-way or from a residential property, nor may it extend more than 12 inches beyond any edge of the roof.

          3. iii.
             Where an array is placed atop a flat roof, it may not extend more than five feet above the roof and shall be screened from the public right-of-way with the building‘s façade parapet or similar mechanism. A roof-mounted solar panel array that cannot meet these placement standards requires a Special Use Permit per 7.44, Special Use Permit.
       3. c.

          Ground-Mounted. Ground-mounted solar panels shall be:

          1. i.

             Located in the interior side or rear yard and screened from adjacent residential property and all public rights-of-way with Type B Bufferyard; and

          2. ii.

             Set back from lot lines as if they were detached accessory structures if the highest point on the panels is more than six feet above grade.  

              

(Ordinance No. 16,024, 12/12/2024; Ordinance No. 16,111, 04/10/2025) 

Effective on: 5/1/2025

1. A.
   Generally. Permitted temporary uses and structures are set forth in Table 2.36-1, Temporary Uses and Structures. Standards for temporary uses and structures are set forth below.
2. B.
   Purpose. The purpose of this Section is to establish specific conditions for certain uses and structures permitted for a limited duration. The following standards ensure that such temporary uses or structures do not negatively impact surrounding properties and are discontinued upon the expiration of a set time period.
3. C.
   Applicability.

   1. 1.
      Maximum Duration. Other than retail promotional activities, the temporary uses set out in this Subsection are limited for a specified period of time as outlined in Table 2.36-1, Temporary Uses and Structures.
   2. 2.
      Required Principal Use. The establishment of a temporary use requires a permanent principal use, except for a batch plant.
   3. 3.
      Authorized Applicants. The owner or another person having a contractual interest in the subject property shall sign the Temporary Use Permit application.
   4. 4.
      Unlisted Temporary Uses. Refer to 2.38, New and Unlisted Uses, as the same means of interpretation apply to temporary uses as apply to permanent uses.
4. D.
   Symbols. The symbols in Table 2.36-1, Temporary Uses and Structures, shall have the following meanings:

   1. 1.
      "NT" means "No Temporary Use Permit Required." The use is subject to the applicable requirements of this Section but does not require approval of a Temporary Use Permit.
   2. 2.
      "TUP" means "Temporary Use Permit Required." The use is subject to the applicable requirements of this Section and approval of a Temporary Use Permit by the Planning Director.
   3. 3.
      "--" means that the use is prohibited in the specified zoning district.
   4. 4.
      "Number / Number" in the Duration column means the maximum number of events permitted on a single site in a calendar year and the days permitted per event.  For example, mobile food vendors are permitted every day of the year on the same site.

5. E.
   General Criteria. All temporary uses listed in this Section shall comply with these criteria, whether they require a Temporary Use Permit or not. The Planning Director shall not approve or modify and approve an application for a Temporary Use Permit unless the following general criteria, specific regulations, and time limitations are met in addition to standards for any particular temporary use as specified below. 

   1. 1.
      Accessibility. The temporary use does not create any violations of the Americans with Disabilities Act, the Texas Accessibility Standards, or the accessibility standards adopted by the City.
   2. 2.
      Location (Permission Required). The use shall not be on publicly or privately owned property unless the applicant first obtains written approval from the owner.
   3. 3.
      Traffic. The location of the temporary use or structure shall be such that adverse effects on surrounding properties will be minimal, particularly regarding any type of traffic generated or impacted by the temporary use or structure and impact upon traffic circulation in the area. 
   4. 4.
      Parking and Access. Adequate off-street parking shall be provided to serve the use. The use shall not displace the required off-street parking spaces or loading areas of the principal permitted uses on the site. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances.
   5. 5.
      Property Line Setbacks. Structures and/or display of merchandise shall comply with the yard and property line setback requirements of the base zoning district within which it is located. The items shall be displayed so as not to interfere with the sight triangle of the intersection of the curb line of any two streets or a driveway and a street. In no case shall items be displayed, or business conducted, within the public right-of-way with the exception of the DTA or SJ zoning districts.
   6. 6.
      Number per Parcel. Only one Temporary Use Permit shall be permitted for a single parcel of land at any given time.
   7. 7.

      Utilities. Temporary uses must provide sufficient potable water and adequate sewage disposal.

   8. 8.

      Outdoor Lighting. All light sources must be directed inward to the site and downward and away from adjacent properties. Refer to Division 3.5, Outdoor Lighting.

   9. 9.

      Public Convenience and Litter Control.

      1. a.

         Adequate public restroom facilities and waste containers shall be required on-site.

      2. b.

         After the temporary use is finished, the site shall be returned to its condition prior to the temporary use being established, including, but not limited to, removal of all litter and any other facilities related to the use, at no expense to the City.

6. F.
   Construction, Storage, and Refuse Collection Uses. The standards of this Section apply to temporary construction, storage, and refuse collection uses that are listed as a permitted temporary use in Table 2.36-1.

   1. 1.
      Location and Operations. The location, hours of use, operational limitations, and duration of use are set out in Table 2.36-2, Temporary Construction, Storage, and Refuse Collection Uses.

1.   
   2. 2.
      Sanitary Facilities. Restroom facilities shall be provided for operators of concrete and asphalt batching operations and for users of temporary construction buildings (except when used exclusively for storage) and on-site real estate offices.
   3. 3.
      Additional Standards Applicable to Concrete and Asphalt Batching Operations. The Public Works Director shall review all applications for concrete and asphalt batching operations to make a recommendation to the Planning Director regarding compliance with the standards of this Subsection. Where this use is indicated as a limited use in Table 2.36-1, Temporary Uses and Structures, the Planning Director shall refer the recommendation to the Commission with the staff report and recommendations on the application. The standards include:

      1. a.
         The applicant shall provide a written agreement and advanced surety in the amount of 125 percent of the estimated site restoration cost to ensure complete site restoration upon the facility's dismantling or revocation of the permit, plus the estimated road restoration/replacement costs along anticipated principal truck routes. This amount shall be approved by the Public Works Director.
      2. b.
         If deemed necessary by the Public Works Director, the property access shall be controlled by special traffic markings and/or signalization at the applicant's expense. Instances warranting such traffic improvements may include locations at busy intersections or other areas where interference with primary traffic from trucks would be extensive.
      3. c.
         All electric and lighting facilities shall be submitted to the Public Works Director prior to installation. These facilities shall be installed in accordance with approved plans.
      4. d.
         Noise shall be controlled so that:

         1. i.
            The noise level at the nearest property line does not exceed 50 dBA after 10:00 p.m.
         2. ii.
            The noise level at the property line of the concrete and asphalt batching operation does not exceed 75 dBA for more than two hours per day.
         3. iii.
            The noise level at the property line of the concrete and asphalt batching operation does not exceed 85 dBA at any time.
   4. 4.
      Extension of Approvals. Approvals may be extended upon demonstration of good cause, appropriate maintenance, extension of any surety, and diligent pursuit of the purposes for which the temporary construction or storage uses were established. All applications for renewal of a Temporary Use Permit issued pursuant to this Section shall be submitted to the Planning Director at least 10 working days before the expiration of the permit.

(Ordinance No. 16,024, 12/12/2024; Ordinance No. 16,111, 04/10/2025); 

Effective on: 5/1/2025

1. A.
   Purpose. The purpose of this Section is to establish regulations for the siting of wireless communication towers and antennas. The goals of this Section are to:

   1. 1.
      Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community;
   2. 2.
      Encourage strongly the joint use of new and existing tower sites;
   3. 3.
      Require users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
   4. 4.
      Require users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and
   5. 5.
      Enhance the ability of the providers of telecommunication services to provide such services to the community quickly, effectively, and efficiently.
2. B.
   Application Requirements. The proponent of a new tower site other than a radio, television or microwave broadcasting or transmission facility shall provide the following documentation for review by the Planning Director:

   1. 1.
      Residential Setback. Towers must be set back a distance equal to the height of the tower from any off-site residential structure.
   2. 2.
      Yard Setback. Towers and accessory facilities must satisfy the minimum yard setback requirements for the zoning district in which they are located.
   3. 3.
      Security Fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall be equipped with an appropriate anti-climbing device.
   4. 4.
      Aesthetics. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted sky blue or gray, so as to reduce visual obtrusiveness. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and building environment. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
   5. 5.
      Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, and FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations.
   6. 6.
      Building Codes and Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the tower fails to comply with such codes and standards and constitutes a danger to persons and property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such codes and standards. If the owner fails to bring such tower into compliance within the 30 days, the city may remove such tower or cause such tower to be removed at the owner's expense.
3. C.
   Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the planning department notifying the owner of such abandonment. If such antenna or tower is not removed within the 90 days, the planning department may cause such antenna or tower to be removed at the owner's expense. If there are two or more uses of a single tower, then this provision shall not become effective until all users cease using the tower.
4. D.
   Satellite Dish Antennas. Satellite dish antennas may be allowed in any district when the following conditions are met:

   1. 1.
      ​Limits. Only two antennas shall be allowed per dwelling unit or structure housing a permitted nonresidential use and may be either ground or roof-mounted. An antenna shall be considered ground-mounted whenever it is not entirely supported by the roof.
   2. 2.
      Roof-Mounted Antennas. Roof-mounted antennas shall not extend beyond the maximum height of structures permitted in the district in which they are located, except that when mounted to a two-story structure, no portion of the dish or appurtenances shall extend more than 10 feet beyond the roofline.
   3. 3.
      Encroachments. A satellite antenna array shall not extend into the front yard. See Subsection B.2 above for more detail.
   4. 4.
      Accessories to Principal Use. Antennas shall be accessories to the primary use of the lot or tract upon which it is located.

Effective on: 1/1/1901

1. A.

   Purpose. It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the City. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted land use shall be made as established in this Section. 

2. B.
   Authorization of Proposed Use.

   1. 1.
      Director Discretion. Use Categories and specific uses are listed in the tables in Sec. 2.32, Use Categories. The Planning Director may interpret a use that is not listed to be within a defined use category or zoning district. 
   2. 2.
      Special Permit Required.  The Planning Director may determine that a special use permit shall be required for any uses that are not identified in this ULDC. 
3. C.
   If Not Authorized Then Prohibited. If the Planning Director or Planning and Zoning Commission determines that a proposed use does not fit within a given Use Category or zoning district and is not functionally the same as a permitted, limited, or special use, then the use is a prohibited use.
4. D.
   Decision Criteria. The Planning Director or Planning and Zoning Commission, as appropriate, shall evaluate the proposed use based on the descriptions of the use categories as provided in Sec. 2.31, Consolidated Use Table, and the following criteria:

   1. 1.
      Parking demand;
   2. 2.
      Average daily and peak hour trip generation (cars and trucks);
   3. 3.
      Impervious surface;
   4. 4.
      How the use is advertised;
   5. 5.
      Regulated air or water emissions;
   6. 6.
      Noise;
   7. 7.
      Lighting;
   8. 8.
      Dust;
   9. 9.
      Odors;
   10. 10.
       Glare;
   11. 11.
       Solid waste generation;
   12. 12.
       Potentially hazardous conditions, such as projectiles leaving the site;
   13. 13.
       Use and storage of hazardous materials;
   14. 14.
       Character of buildings and structures;
   15. 15.
       Nature and impacts of operation; and
   16. 16.
       Hours of operation.

Effective on: 1/1/1901

Table 2.41-1, Measurements, below, provides the method of measurement for the developmental standards in this ULDC.  

Table 2.41-1 Measurements
Measurement	Methodology	Illustration
Minimum Civic and Space	The minimum civic and open space required by each district is calculated by dividing the total amount of civic and open space on the parcel proposed for development ("A") by the total gross area of the entire parcel proposed for development ("B") as depicted on a Preliminary Subdivision Plat. To be counted toward the minimum amenity space requirements, the minimum amenity space percentages per each district must be met per Article 2, Zoning Districts and Dimensional Standards.
Gross Density	The number of dwelling units ("B") divided by total gross acres of a development  ("A").
Gross Floor Area	The total area of all the floors of a building, including intermediately floored tiers, mezzanines, etc., as measured from the exterior surfaces of the outside walls of the building.
Height	Building Height shall be measured as follows for varying roof forms, as the vertical distance from the average ground level around the building to:  Flat Roof: The highest point of the roof ("A"); Mansard Roof: The deck line ("A"); Gable, Hip, and Gambrel Roof: The average height between eaves and the ridge ("A"); and Shed or Similar Style: The highest point of the roof ("A"). This also applies to asymmetrical or dynamic roof forms.
	Gable Roof                 Gambrel Roof             Flat Roof        Mansard Roof     Shed or Similar Style
	Walls or Fences: The height of a wall or fence is measured from the lowest grade level within three feet of either side of the wall or fence to the top of the wall or fence ("A").
Lot Area	The total horizontal area included within lot lines. Alternatively, "A" multiplied by "B". For non-uniform lots, the distance measured parallel to the front lot line ("C") at the point of the minimum required front yard setback ("A"). No portion of the lot between the front ("A") and rear ("B") setback lines may be less than the minimum lot width ("C").  For a pipestem/ panhandle cul-de-sac parcel, the horizontal distance ("C") between the side lot lines measured at the front setback line ("A"). No portion of the lot between the front ("A") and rear ("B") setback lines may be less than the minimum lot width ("C").
Lot Width	The distance measured parallel to the front lot line at the point of the minimum required front yard setback ("A"). For a cul-de-sac parcel, the horizontal distance ("A") between the side lot lines measured at the front setback line. No portion of the lot between the front and rear setback lines may be less than the minimum lot width.
Lot Types	Alley Lot. A lot abutting an alley right-of-way and that does not abut any other street at any point. Corner Lot. A lot abutting two streets at their intersection.   Through or Double-Frontage Lot. An interior lot that fronts on two streets that do not intersect at the boundaries of such a lot. The required front yard setback shall be provided on both street frontages.  Interior Lot. A lot whose side lot lines abut alley rights-of-way or other lots instead of non-alley public or private rights-of-way. Triple- / Multi-frontage Lot. A lot abutting more than two non-alley street rights-of-way.
Setback, Required	The horizontal distance of a required private open area at grade between the outer wall of a building or structure ("E") and the adjoining property lines ("D"), or, in the case of an abutting private street, the back-of-curb, unoccupied and unobstructed by any portion of a structure from the ground upward except as allowed in this Zoning Ordinance. The front ("C") and rear setback ("B") lines span the entire width of the property. The interior side ("F") and street side ("A") setback lines extend from the required front setback line to the required rear setback line.
Visibility Triangle	Triangle Measurement: A triangular area that includes that portion of public right-of-way and any private property adjacent to the intersection of any street established by measuring a distance of 25 feet (A and B, below) for Major Arterial, Minor Arterial, and Collector Street and 15 feet (A and B, below) for a Local Street. The distance shall be measured from the point of the intersection of two streets along the right‐of‐way of each of the intersecting streets and connecting the ends of each measure distance to assure adequate visibility sight lines for vehicular traffic approaching the intersection.
	Illustrative Only
	Vertical Visibility at Triangles: Visual obstructions within visibility triangles, including vegetative landscaping, shall be no greater in height than 30 inches above (A) the top of the adjacent curb or centerline of the pavement (B) when allowed to grow to its maximum height unless approved by the City Engineer.
	Illustrative Only
Frontage Buildout	The minimum percentage of the lot width that must be occupied by building façade (B) within the minimum and maximum setback (A). For example, a property which is 100 feet wide with a Frontage Buildout of 60% would require that at least 60 feet of façade length be maintained within the minimum and maximum setback. Any additional length of front façade would be allowed to step back further from the setback range, if desired. The intent of this requirement is to encourage development to maximize its front façade exposure along the Street.

Effective on: 1/1/1901

1. A.
   Generally. The provisions of this Section set forth special cases that warrant flexibility in the developmental standards in this ULDC.  

2. B.
   Lot Averaging. Lot averaging is a design technique that replaces minimum lot dimensions with an average lot width and size for a subdivision. The lot area and width dimensions in Sec. 2.12, Zoning Districts and Dimensional Standards, may be averages for each zoning district. In order to utilize lot averaging, all lots in the proposed subdivision shall meet the following criteria:

   1. 1.
      Equal to or Greater. The average lot area and average lot width of the proposed subdivision shall be equal to or greater than the individual lot area and lot width of the subdivision's proposed underlying zoning district as specified in Sec. 2.12, Zoning Districts and Dimensional Standards.
   2. 2.
      Greater than 90 Percent. No lot shall have a lot area or lot width that is less than 90 percent of the lot area or lot width specified in Sec. 2.12, Zoning Districts and Dimensional Standards (see Figure 2.42-1, Lot Averaging).

Figure 2.42-1, Lot Averaging

Figure 2.42-1, Lot Averaging

Figure 2.42-1, Lot Averaging

Figure 2.42-1, Lot Averaging

3. C.
   Alternative Setback Compliance. The provisions of this Subsection provide for flexibility from specifically referenced portions of the ULDC that might in limited circumstances provide for requirements that are too rigid. The front setback required for all districts in 2.12, Zoning Districts and Dimensional Standards, may be reduced subject to the following standards. 

   1. 1.
      If 50 percent or more of the lots on the same side of the block (not counting the applicant's lot) are developed with buildings that are set back at distances that are less than the required front yard setback, the front setback of the applicant's lot may be reduced to the average front setback of all of the developed lots on the same side of the block (See Figure 2.42-2, Contextual Front Setback Reduction).
   2. 2.

      If the applicant's lot takes vehicular access from the front, the driveway shall be a minimum of 20 feet long, measured from the property line to a building wall or garage door.
      

4. D.
   Setback Encroachments.

   1. 1.
      Architectural Features. Except where a minimum side setback is less than five feet, cornices, canopies, gutters, eaves or other architectural features may project into required setbacks a maximum of two and one-half feet.
   2. 2.
      Balconies, Decks, and Porches. Unenclosed balconies, decks, and porches may project into a front or rear setback a maximum of 10 feet but shall not be closer than 10 feet from the front property line, except in the DTA and SJ districts.  Refer to Sec. 2.24, Form District Standards, for special provisions for balconies and other encroachments.
   3. 3.
      Bay Windows and Chimneys. Bay windows and chimneys may project into required setbacks a maximum of two feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located and provided they are set back a minimum of three feet from all property lines.
   4. 4.
      Outdoor Seating. Outdoor seating associated with a Restaurants Use Category in Sec. 2.31, Consolidated Use Table, may project a maximum of five feet into a required front setback, provided the space is at grade, the seating does not obstruct an accessible pedestrian passage, and is separated from the right-of-way by landscaping or a vertical barrier.
   5. 5.
      Building Setback Lines and Easements. Where building lines are established by restrictive covenant in a recorded subdivision or where public easements are in excess of the setback requirements of the zoning district, the easement or the platted building line controls.
   6. 6.
      Petroleum Pipeline Easements. Where a lot contains a petroleum pipeline easement, a building setback line shall be established 25 feet from the centerline of the easement. If such pipeline easement exceeds 50 feet in width, the building setback line shall be established at the edge of the easement.
5. E.
   Building Coverage and Impervious Area.

   1. 1.
      Building Coverage. The square footage of structures that house permitted agricultural uses, as established in the Agriculture and Animal Service Use Category definition in Subsec. 2.32-2, does not count toward the maximum building coverage limitation. 
   2. 2.
      Impervious Area Bonus. Properties that utilize a green roof or on-site water collection and micro-storage via barrels, rain gardens, vegetated gardens, or reuse for irrigation purposes may increase the allowable impervious area by up to 10 percent of the lot area.  
   3. 3.
      Height. The following building elements and appurtenances may exceed the allowable height of the applicable district by no more than 20 feet:

      1. a.
         Belfries;
      2. b.
         Chimneys;
      3. c.
         Cooling towers;
      4. d.
         Fire towers;
      5. e.
         Flag poles;
      6. f.
         Public monuments;
      7. g.
         Ornamental towers and spires;
      8. h.
         Roof gables; 
      9. i.
         Spires;
      10. j.
          Stage towers or scenery lofts;
      11. k.
          Tanks;
      12. l.
          Water towers; and
      13. m.
          Vent Stacks.