Bell City Zoning Code
ARTICLE 14
Use Regulations
§ 14.01 Residential.
The following requirements shall be required for the specified use:
(a)
Residential Dwellings.
(1)
All Types of Residential Dwellings.
All site-built dwellings shall meet the following requirements:
(a)
Minimum Floor Area.
The dwelling shall meet the minimum square footage requirements for the zoning district in which it is to be located and must be 20 feet in width by 40 feet in length. The width or length of the dwelling may be reduced where the building will be two (2) stories in height and meet the minimum floor area requirement of the zoning district.
(b)
Roof.
The home shall have a roof with a minimum rise of 3:12, composed of a material customarily used on site-built residential dwellings, such as fiberglass, shake, asphalt, slate, metal or tile, which shall be installed onto a surface appropriately pitched for the materials used.
(2)
Temporary Use; Permits for Manufactured Homes.
i.
Circumstances for Permit Issuance.
Subject to conditions, fees, and standards otherwise required by this title, a temporary use permit may be issued:
1.
To an applicant to use a manufactured or manufactured home as a construction office at a job site;
2.
To an applicant whose own health or health of another necessitates care, and emergency situations where the facts show that an unnecessary hardship would occur if not permitted to locate a manufactured or manufactured home adjacent to the residence of one who is able to provide care or in need of care; or
3.
If a home is burned, a manufactured home could be placed on the property by order of the Planning and Zoning Commission prior to the granting of the variance.
4.
No more than one (1) manufactured home should be allowed on a parcel of land.
ii.
Length of Permit.
A temporary use permit may be issued, at the discretion of the plan commission, for a period not to exceed twelve (12) months.
iii.
Permit Expiration.
At the time the temporary permit expires, the manufactured or manufactured home and all appurtenances shall be removed from the property unless a variance has been granted by the Planning and Zoning Commission for additional time.
iv.
Utility Requirements.
Manufactured or manufactured homes used for temporary uses shall have an approved water supply, sewage disposal system, and utility connections, where appropriate, and at the discretion of the Planning and Zoning Commission.
(b)
Home occupations.
(1)
The regulations of this section apply to home occupations that are accessory to a residential use.
(2)
The home occupation shall be incidental and secondary to the use of the dwelling for living purposes and does not occupy more than one-fourth of the floor area of a story, cellar, or accessory structure.
(3)
There shall be no signs, display, or activity that will indicate from the exterior that the building is being used, in part, for any purpose other than that of a dwelling, except one sign, not to exceed 2' x 3'.
(4)
There shall be no services rendered that require receipt and delivery of merchandise, goods, or equipment by other than a passenger motor vehicle or by licensed commercial delivery service provider.
(5)
All activity, including storage, shall be conducted completely within the dwelling unit, attached garage, or detached garage.
(6)
There shall be no perceptible noise, odor, smoke, electrical interference, or vibration emanating from the structure between the hours of 7:00 p.m. and 7:00 a.m. local time.
(c)
Roadside Stands.
(1)
The stand shall be located at a safe distance from the traveled way, and not within a road ROW or easement without a permit.
(Ordinance 99-0928-A adopted 10/12/21)
§ 14.02 Retail Trade.
The following requirements shall be complied with for the specified use:
(a)
Retail Uses with More Than 30,000 Square Feet of Floor Area.
(1)
The design of the center shall ensure that vehicular circulation patterns will minimize conflicts between vehicles and pedestrians on-site.
(2)
Internal drives defined by the ends of aisles shall have raised curbed landscape islands at appropriate locations to define circulation paths and control movements through the parking lot.
(3)
Any outlots shall have shared access and circulation with the main shopping center.
(4)
A minimum buffer/setback of 20 feet shall be provided between the parking lot or loading area and any adjacent residential district landscaped in accordance with Article 11.
(5)
Loading facilities which serve the commercial establishment in the principal building shall be screened from public view.
(6)
Any outlots shall have access, circulation and parking designed to complement the entire site.
(b)
Drive-Through Accessory to a Retail Use.
(1)
The drive-through facility must be attached to the structure.
(2)
The drive-through facility shall be located on the side or rear elevation of the building to minimize visibility from the roadway. The site shall be oriented so that drive-through lanes and pickup windows are not a prominent feature of the building.
(3)
The drive-through service shall be screened from adjacent residential land uses by a solid screening wall in accordance with Article 10, such that it will not impact the use and enjoyment of the residential land use.
(4)
Clear identification and delineation between the drive-through facility and the parking lot shall be provided.
(5)
There shall be a minimum of three (3) stacking spaces.
(6)
Each drive-through facility shall provide an escape lane to allow other vehicles to pass those waiting to be served. The Planning and Zoning Commission may waive the requirement for an escape lane where it can be demonstrated that such a waiver will not result in an adverse effect on public safety or the convenience of patrons of the facility.
(c)
Planned Neighborhood Shopping Center Residential Zoning Districts.
(1)
A special use shall be required for a planned neighborhood shopping center in the residential zoning districts to provide day-to-day convenience shopping to adjoining residential neighborhoods.
(2)
The site shall have frontage and access to major thoroughfare.
(3)
The total commercial floor area shall be no more than 20,000 square feet.
(4)
Uses shall be limited to those permitted in the C1 district.
(5)
Architectural and sign treatment shall be compatible with the character of the surrounding residential area in terms of building materials and scale.
(Ordinance 99-0928-A adopted 10/12/21)
§ 14.03 Services.
§ 14.04 Motor Vehicle Dealers and Service.
The following requirements shall be complied with for the specified use:
(a)
Vehicle Service and Repair, Major and Minor.
(1)
All repair work shall be conducted completely within an enclosed building.
(2)
Storage of wrecked, partially dismantled, or other derelict vehicles is prohibited, unless such storage is required under police or court order. Vehicles awaiting repair shall not be stored outdoors for more than ten (10) days and shall be screened with an eight (8) foot high screen wall in accordance with Article 10.
(3)
There shall be no outdoor storage or display of vehicle components and parts, supplies, or equipment or other merchandise, except within an area defined on the site plan which extends no more than 10 feet beyond the building.
(b)
Automobile Wash.
(1)
The site shall have sufficient road frontage to be able to meet all of the driveway access spacing requirements of Section 11.04.
(2)
All washing facilities shall be within a completely enclosed building.
(3)
Where adjoining a residential district, a solid screening wall shall be erected along any common lot line in accordance with Article 10.
(4)
Vacuuming and drying may be located outside the building but shall not be in the required front yard and shall be set back at least 40 feet from any residential district.
(5)
All cars required to wait for access to the facilities shall be provided stacking spaces fully off the street right-of-way which does not conflict with vehicle maneuvering areas to access gasoline pumps or vacuums.
(c)
Vehicle Service Stations and Truck Stops.
(1)
The site shall have sufficient road frontage to be able to meet all of the driveway access spacing requirements of Section 11.04.
(2)
Pump islands shall be a minimum of 20 feet from any public right-of-way or lot line, and at least 50 feet from any residential lot line.
(3)
Where adjoining residentially zoned or used property, a solid screening wall shall be erected along any common lot line in accordance with Article 10.
(4)
Access driveways shall meet the standards of Section 11.04; turning movements may be restricted in consideration of traffic conditions. Only one (1) driveway shall be permitted from each street.
(5)
All vehicle service and repair shall comply with Section 14.04(a) above.
(6)
The design and materials of the canopy shall be compatible with the principal building. The proposed clearance of any canopy shall be noted on the site plan. Canopy lighting shall be recessed such that the light source cannot be seen from off-site.
(Ordinance 99-0928-A adopted 10/12/21)
§ 14.05 Accommodation and Food Services.
The following requirements shall be complied with for the specified use:
(a)
Bed and Breakfast Inns.
(1)
The regulations of this section only apply to bed and breakfast inns located in residential districts. When located in nonresidential districts, the requirements applicable to hotels shall apply.
(2)
The inn shall be a private residence, owned by the innkeeper and the residence in which the innkeeper resides while renting the rooms to transient guests.
(3)
An inn located in a residential zoning district shall not be permitted to operate a restaurant that is open to the general public and may only offer breakfast to the guests.
(4)
The inn shall be operated in its entirety within the principal dwelling and not within any accessory building, except for incidental storage in use of a residential type garage.
(5)
There shall be no exterior evidence, other than a permitted sign, to indicate that the residence is being utilized for any purpose other than that of a dwelling.
(6)
There shall be no alteration or construction not customarily found in residential dwellings; except modifications as recommended by the fire department such as fire protection and fire suppression equipment.
(7)
The inn shall be inspected by the fire department and the Grayson County Health Department for compliance with fire code and health code requirements prior to operation.
(8)
Guests are not allowed to stay longer than 14 consecutive days or 30 days in any one calendar year at any tourist home/bed and breakfast location.
(9)
Sufficient off-street parking shall be required as for commercial lodging establishments. Existing buildings and structures that contribute towards the residential character of the site shall be retained and incorporated into the site design to the maximum extent practical. All required parking for any bed and breakfast inn shall be screened from adjacent residential uses.
(b)
Restaurants with Drive-Through Service.
(1)
The drive-through facility shall be located on the side or rear elevation of the building to minimize visibility from the public or private roadway. The site shall be oriented so that drive-through lanes and pickup windows are not a prominent feature of the building.
(2)
The drive-through service shall be screened from adjacent residential land uses by a solid screening wall in accordance with Article 10, such that it will not impact the use and enjoyment of the residential land use.
(3)
Clear identification and delineation between the drive-through facility and the parking lot shall be provided.
(4)
There shall be a minimum of 10 stacking spaces.
(5)
Each drive-through facility shall provide an escape lane to allow other vehicles to pass those waiting to be served.
(6)
Only one (1) access shall be provided onto any street.
(7)
Where the restaurant is constructed adjacent to other commercial uses, a direct vehicular access connection shall be established with the adjoining property if possible.
(c)
Restaurants in Industrial Districts.
(1)
The restaurant shall be located within an office structure or industrial building or shall be located in a freestanding building as part of an overall industrial or office park.
(2)
The restaurant shall be planned as a part of an overall plan for development and shall be part of a service establishment complex for such development.
(3)
The restaurant shall comprise not more than 20% of the land area of an overall development.
(4)
There shall be no more than one (1) restaurant in a freestanding building per business park.
(5)
Drive-in or drive-through restaurants shall be prohibited.
(d)
Mobile Food Vendors and Food Truck Parks.
(1)
Violation; Penalty.
(a)
Unless exempted from the provisions of this article, it shall be unlawful for a person to engage in, transact or conduct the business or occupation of a Mobile Food Unit vending within the City without first having obtained a Mobile Food Unit Permit with the City Clerk’s Office or to violate any provision of this ordinance[.]
(b)
Any person, firm, entity or corporation who violates any provision of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction, therefor, shall be fined in accordance with State Law. Each continuing day’s violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Bells from filing suit to enjoin the violation. Bells retains all legal rights and remedies available to it pursuant to local, state, and federal law.
(2)
Categories of mobile food units and where allowed.
(a)
Unrestricted Mobile Food Unit.
Unrestricted Mobile Food Units must have access to an approved commissary on a daily basis for servicing. These units may operate on private property at one or more locations depending upon owner’s permission and must comply with all City of Bells ordinances, rules, and regulations.
(b)
Restricted Mobile Food Unit.
Under this type of permit, no open food preparation or handling may occur. All food items including beverages and condiments must be prepackaged at an approved food establishment or come prepackaged from an approved source. These units may operate on private property at one or more locations depending upon owner’s permission and must comply with all City of Bells ordinances, rules, and regulations.
(c)
Limited-Service Mobile Food Unit.
Under this type of permit, the Mobile Food Unit may only operate as indicated:
1.
Ice Cream Trucks or Push Carts serving packaged, frozen treats. These units are only allowed to drive through neighborhoods and stop for only a brief period of time to serve their product.
2.
Mobile Vending Food Units selling whole fruits and raw vegetables. These Units may set up for a brief period of time at private locations with the property owner’s permission or may drive through neighborhoods and stop for only a brief period of time to serve their product.
3.
Trucks selling packed frozen steaks, chicken, seafood, and frozen foods. These units can only sell their products door to door and are limited to neighborhoods and local businesses.
Mobile food units are prohibited from operating in a zoning district contrary to the Zoning Districts defined in this City’s Code of Ordinances. |
(3)
Vehicle Requirements.
A Mobile Food Unit, in addition to any requirements of the Grayson County Health Department, shall:
(a)
Maintain the vehicle in a clean, undamaged condition, both inside and outside, and in good working order, in compliance with any and all other City’s ordinances[.]
(b)
Keep all required permits or copies of permits on the vehicle or Mobile Food Unit at all times.
(c)
Display on the vehicle current license plates and current vehicle safety inspection information in accordance with current State Law. Display on the vehicle’s windshield, the appropriate permit issued by the City of Bells showing that the Mobile Food Unit is permitted to operate within the city limits.
(d)
Display copies of the Texas Sales and Use Tax Permit and the Grayson County Health Department Permit on the vehicle at all times.
(e)
Only serve or distribute food as specified on the permit issued by the Grayson County Health Department. This permit must be displayed on the vehicle.
(f)
Central Preparation Facility/Commissary:
All Unrestricted Mobile Food Units must work with a Central Preparation Facility or Commissary under the jurisdiction of the Grayson County Health Department.
1.
Ice Cream Trucks or Push Carts serving packaged, frozen treats. These units are only allowed to drive through neighborhoods and stop for only a brief period of time to serve their product.
2.
The central preparation facility, commissary, or other fixed food service establishment, used as a base of operation for a mobile food unit, must be constructed and operating in compliance with this Chapter and the Grayson County Health Department.
3.
The servicing area must include overhead protection for any supplying, cleaning, or servicing operation; a location for the flushing and draining of liquid waste separate from the location provided for water service and the loading and unloading of food and related supplies; and a surface constructed of a smooth nonabsorbent material, including, but not limited to concrete or machine-laid asphalt, that is maintained in good repair, kept clean, and graded to drain.
4.
Servicing Methods and Equipment:
Potable water servicing equipment must be installed according to all applicable City Ordinance, county, state, and federal law, and stored and handled in a way that protect the water and equipment from contamination.
i.
The liquid waste retention tank for a mobile food unit must be thoroughly flushed and drained during the servicing operation.
ii.
All liquid waste must be discharged to a sanitary sewerage disposal system constructed and operated according to all applicable city ordinances, county, state, and federal law.
iii.
Liquid waste may not be discharged from a Mobile Food Unit while the Mobile Food Unit is in motion.
5.
Site cleanup.
A service site must be left in a clean, waste-free condition.
6.
Food preparation and services.
Food may not be prepared or served while the mobile food unit is in motion or in an area that exposes any person present to a health or safety hazard.
7.
A mobile food unit may not serve, sell, or distribute any food or beverage if the food central preparation facility or commissary does not supply, clean, or service the mobile food unit in accordance with this section.
(4)
Mobile Food Unit Operating Requirements.
(a)
Any person operating a motor vehicle as a mobile food unit must have at least one person who is a currently licensed driver with a valid driver’s license with the vehicle at all times.
(b)
Waste containers (inside and outside the unit) shall be durable, easily cleanable, insect-proof, rodent-proof, nonabsorbent to liquids, leak-proof and lined with a plastic bag. Containers shall have tight-fitting lids and must be maintained on each mobile food unit in a number sufficient to contain all trash and garbage generated by the unit. There shall be at least one waste container outside the unit and have sufficient capacity to accommodate all garbage and refuse that accumulates. Before the mobile food unit leaves a vending site, all trash and garbage must be removed from the site. Excessive trash and garbage shall not be allowed to accumulate inside or around the mobile food unit. All trash and garbage must be disposed of in an approved garbage receptacle.
(c)
A mobile food unit must comply with the City of Bells Zoning Requirements governing mobile food units. Each mobile food unit shall:
1.
Operate in approved areas with appropriate zoning designation;
2.
Operate with approved permits;
3.
May not sell or serve food on any public street, sidewalk, or other public right-of-way without appropriate permits from the City of Bells and Grayson County;
4.
Outside walking, driving and parking areas shall be on an Improved Surface;
5.
Operate according to approved itinerary;
6.
Mobile Food Units must not obstruct traffic movement, fire lanes and drive aisles;
7.
Mobile Food Units shall not impede access to the entrance or driveway of any adjacent building;
8.
Mobile Food Units cannot impair visibility or safety on-site; and
9.
When out of service be parked at the approved central preparation facility, commissary, or other location in compliance with city ordinance and/or county, state and federal law.
(d)
A mobile food unit must have written authorization from the owner or person in control of each premise from which the mobile food unit will sell or serve food. The authorization must include the specific dates and times during which the unit is authorized to be present on the premise. A current copy of each authorization must be maintained on file with the City of Bells City Clerk’s office, as well as in the mobile food unit files for review by inspectors.
(e)
Adequate separate toilet facilities must either be provided on the mobile unit or be available at a nearby permanent facility. If a nearby toilet is used, a separate written agreement granting permission for the mobile food unit employees to access the toilet facilities must be obtained from the owner or person in control of the facilities if the mobile food unit will be at the same location for more than two (2) hours.
(f)
No cooking may be conducted while the vehicle is in motion.
(g)
Covers with secure latches for deep fryers, steam tables and similar equipment must be provided and installed while the vehicle is in motion.
(h)
Shall follow all additional requirements of the Grayson County Health Department which are not included in this Chapter.
(5)
Structural requirements for Unrestricted Mobile Food Units.
(a)
Unrestricted mobile food units must have a potable water system under pressure that is equipped with a permanently installed water supply tank of sufficient capacity to furnish enough hot and cold water for food preparation, utensil cleaning and sanitizing, and handwashing.
(b)
The water supply tank must be equipped with a water inlet that is located where it will not be contaminated by waste discharge, road dust, oil or grease. Any unauthorized connection to the City’s public water system and/or the dumping or release of grease into the City’s sanitary sewer system shall be prohibited. An Unrestricted Mobile Food Unit may, with approval from the Director of Public Works, connect to the City’s water supply provided the mobile food establishment has proper backflow devices installed. All backflow devices must be installed and maintained in conjunction with the City’s Code of Ordinances.
(c)
If liquid waste results from the operation of a mobile food unit, it must have a liquid waste retention system that is equipped with a permanently installed retention tank of at least fifteen (15%) percent larger capacity than the potable water supply tank, is equipped with servicing connections that are located lower than the water inlet to prevent contamination of the potable water system and are of a different size or type than the connection used for supplying potable water to the unit and is properly sloped to drain and collect all potential liquid waste.
(d)
Floors must be constructed of a smooth, durable material such as durable grades of acid resistant linoleum, or better grades of tile. No carpet is allowed. All junctures between floor and walls, equipment and shelves shall be sealed and covered. Equipment and shelves must be elevated a minimum of six (6) inches or sealed to floor. All service lines and pipes must be installed off the floor to allow for easy cleaning.
(e)
Interior walls, wall coverings and ceilings shall be smooth, non-absorbent with easily cleanable surfaces. All other exposed wood surfaces must be smooth, sealed, or painted with epoxy type products. All edges must be protected, covered, or beveled. Studs, joists, and rafters shall not be exposed.
(f)
The cab of the vehicle must be physically separated from the food preparation area, and the seats designated for the cook and any passengers must be located outside of the food preparation area. Aisle space must be unobstructed and at least thirty (30) inches wide.
(g)
All equipment and utensils must meet or exceed the standards published by the National Sanitation Foundation.
(h)
All equipment must be placed, installed, stored, and secured on the unit in a manner that allows for thorough cleaning and sanitizing around the equipment and prevents movement of the equipment when the unit is in motion. Counter-mounted equipment must be sealed directly to the countertop or securely installed to provide a four-inch clearance under the equipment. Floor-mounted equipment must be sealed directly to the floor or securely installed to provide a six (6) inch clearance under the equipment.
(i)
The unit must be equipped with a three-compartment sink with two drainboards, both made of eighteen (18) gauge stainless steel. The sink must have hot and cold water from an approved source. The sink must be of sufficient depth to completely immerse the largest piece of equipment used in the unit.
(j)
The unit must be equipped with a separate hand sink that must be fully accessible and separated from the ware-washing by a splashguard and have a mixing valve or a combination faucet, and hot and cold water. Handwashing sinks are required to have a soap and paper towel dispenser in close proximity.
(k)
Outer openings of the unit, including but not limited to service windows, doors, pop-up vents, and sunroofs, must be insect- and rodent-proof. Screens must be tightly fitted and in good repair with a maximum of 16 mesh per square inch. Entrance doors and service windows to the food preparation area must be self-closing and must be kept closed when not in use.
(l)
The unit must be equipped with a power source, approved by the City of Bells that is capable of handling the power demands of the unit and equipment when the unit is stopped or in motion. The power source must be permanently installed in an area that is completely separated from food preparation and food storage areas and must be accessible for proper cleaning and maintenance.
(m)
Light bulbs and tubes must be covered and completely enclosed in plastic safety shields or the equivalent.
(6)
Application and Review Process.
Any person desiring to engage in, transact or conduct the business or occupation of a Mobile Food Unit vending within the City shall apply for a Mobile Food Unit Permit with the City Clerk’s Office. Upon receipt of a completed application, the City Clerk shall obtain approval of said application from the City’s third-party compliance inspector for both structural and fire compliance, Chief of Police, and Grayson County Health Department. Upon payment of the permit fee and approvals of officials set forth above, the City Clerk shall deliver to such Mobile Food Unit a permit which shall show the issuance and expiration date, name of Mobile Food Unit and description of Mobile Food Unit. The Mobile Food Unit permit shall be valid for one year from the date of issuance. The application for a Mobile Food Unit shall include:
(a)
Applicant’s Name and date of birth, Mobile Unit business name, type of business, business address, telephone number, and email address;
(b)
Additional responsible party name and phone number;
(c)
Description of the nature of the business and the character of food or beverage to be offered for sale;
(d)
Number of employees, together with credentials establishing the exact relationship;
(e)
The entire length of time for which the right to do business is desired and hours of operation;
(f)
Description of Mobile Food Unit type, motor vehicle make/model/year, color, plate number and issuing state and Vehicle Identification Number (VIN);
(g)
Vehicle insurance issuance company name and policy number (together with a copy of current proof of insurance);
(h)
Copy of business liability insurance;
(i)
Applicant’s last business occupation, last place of residence, and license number and place of issuance or license of motor vehicle, if any, used in applicant’s business;
(j)
Acceptable personal identification containing a current photo of applicant, such as a driver’s license, passport, or other government-issued identification;
(k)
Proof that the applicant has received a state limited sales and use tax permit;
(l)
Current Grayson County Health Department Permit;
(m)
Description of property from which food or beverages are to be displayed, including street name and address number, legal description or designation of the property as shown on the current tax records of the county tax appraisal district, with the name, contact information and tax billing address of the owner of the property;
(n)
A statement signed by the owner of the property acknowledging that said owner has reviewed the completed application forms and has granted permission to the applicant for the use of the property for the purpose set forth and for the time duration stated;
(o)
Date or dates and approximate hours that food or beverages will be displayed or sold during the period the license shall be in force and effect;
(p)
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any provision of this code, the nature of the offense and the punishment or penalty assessed therefor;
(q)
The place where the food or beverages [that] are proposed to be sold, or orders taken for the sale thereof, are produced, where such food or beverages are located at the time such application is filed, and the proposed method of delivery; and
(r)
Applicable permit fee.
(7)
City’s Third-Party Compliance Inspectors Requirements.
Any person desiring to engage in, transact or conduct the business or occupation of a Mobile Food Unit vending within the City shall adhere to the following requirements:
(a)
Present a valid invoice from a Certified Master Plumber indicating an annual pressure/gas test has been successfully completed. This will be required for initial permitting in addition to ongoing permit renewal.
(b)
Installed Liquified Petroleum Gas (hereinafter LPG) piping shall be of an approved, labeled and listed type for use with the cooking appliances. Rubber type hoses shall not be allowed. All piping shall be in accordance with the most recently published National Fire Protection Association 58 and shall be protected against physical damage.
(c)
Maintain within a Mobile Food Unit a maximum of 200 gallons LPG located within a vented compartment: containers shall not be ahead of the front axle or beyond the rear bumper of the vehicle. An ASME tank is required for permanently installed tanks.
(d)
Maintain within a Mobile Food Unit a maximum of 200 gallons LPG located outside but mounted upon the trailer in a protected location: containers shall not extend beyond the rear bumper.
(e)
LPG cylinders shall not exceed 100 pounds.
(f)
LPG cylinders shall have an approved label and listed shut-off valve.
(g)
All LPG cylinders shall be protected from damage and secured with a solid bracket.
(h)
The storage of LPG cylinders inside trucks and/or trailers is prohibited.
(i)
All valves must be turned off when appliances/cylinders are not in use.
(j)
“No Smoking” signs shall be posted. Additionally, the signage should be visible near any propane containers.
(k)
Electrical:
1.
Extension cords shall not be utilized, nor are they a substitute for permanent wiring.
2.
An appropriately sized power supply cord with corresponding connections will be allowed. The cord will be sized according to the vehicle’s electrical demands.
3.
Appliances shall be plugged directly into electrical outlets.
4.
All electrical outlets within six feet of a wet location shall be Ground Fault Circuit [sic; see 5. following]
5.
Interrupter (hereinafter GFCI) protected. All exterior outlets shall be GFCI protected.
(l)
Fire Extinguishers:
1.
All fire extinguishers require an annual inspection by a Texas licensed fire extinguisher company. Required extinguishers must be properly mounted and readily accessible.
2.
At least one portable extinguisher of the 2A10BC rating shall be accessible to the interior of the mobile food unit/trailer.
3.
Units utilizing oil/grease fryers are required to have a Class K fire extinguisher on the unit.
(m)
Fire Suppression System:
1.
Mobile Food Units which perform cooking operations that produce grease-laden vapors shall have a Type 1 hood with ventilation.
2.
Type 1 hoods shall be protected by a UL 3200 or UL 300A fixed fire-extinguishing system.
3.
A Biannual system inspection is required for all fire suppression systems by a Texas licensed fire suppression company.
4.
All cooking Surfaces and hoods are to be kept clean to prevent grease build-up.
(n)
Cooking Equipment and Appliances:
1.
All cooking appliances shall be of an approved type, listed and labeled for the intended use. Propane appliance can be approved by the following testing labs: UL, CSA, CGA, AGA and/or ETL.
2.
Cooking appliances shall have an approved, labeled and listed on-off valve.
3.
All appliances shall be installed according to the manufacturer’s instructions.
4.
Water heaters or hot water tanks shall be installed in accordance with the International Plumbing Code and manufacturer’s installation instructions and shall include venting of the tank.
(o)
Fire Lanes and Fire Access and Driveways:
1.
Mobile Food Units shall not park in marked fire lanes. They shall not block fire department access or driveways that serve as access.
2.
Prohibited Cooking:
3.
Solid fuel cooking is prohibited with the following exception: The cooking device is listed and approved for mobile food cooking applications.
4.
Coleman Stove or equivalents are prohibited.
(8)
License fees; duration; exemptions.
(a)
Every person, unless otherwise exempt, and before engaging in the business or occupation of a Mobile Food Unit in the city, shall pay, in advance, to the city clerk, a city license fee in an amount determined by the city council, as the same may be determined from time to time.
(b)
Licenses issued under this paragraph shall expire twelve (12) months following the date of issuance.
(9)
Suspension of license; appeal; revocation.
(a)
In the event of any violation of this ordinance, the Mobile Food Unit shall be subject to suspension or revocation of their Mobile Food Unit permit. With regard to violations involving public health or welfare as determined by the Regulatory Authority, shall cease operations immediately and the Regulatory Authority shall have the right to shut down operations.
(b)
A denial or revocation of a Mobile Food Unit permit may be appealed as set forth herein. Within seventy-two (72) hours from the time of revocation or denial of the Mobile Food Unit permit, the vendor may appeal the revocation to the City Administrator, who shall have the authority to reinstate or revoke the license. Upon receiving notice of appeal, the City Administrator shall set a date for hearing the appeal, such date to be within seven (7) days of receipt of notice of appeal. In the event there is no appeal within seventy-two (72) hours from the time of suspension of the license, the license shall be revoked. In the event of revocation of a Mobile Food Unit permit, vendor shall immediately cease all operations and remove all food or beverages, equipment, vehicles, and related items from the location for which the license had been granted.
(10)
Waiver for Special Events.
(a)
The provisions of any ordinance making it illegal for Mobile Food Units or Food Truck Parks to operate in City Parks or other City property may be waived by the Mayor, Chief of Police, or the City Council upon petition from any group or for a City-sponsored event, by issue of a Special Waiver to temporarily allow the use of Mobile Food Units or Food Truck Parks, if after, he/she/they, determines that vendor ordinance and health department conditions are met.
(Ordinance 99-0928-A adopted 10/12/21)
§ 14.06 Finance, Insurance, Real Estate, Professional, Scientific, and Technical Services.
The following requirements shall be complied with for the specified use:
(a)
Banks with Drive-Through Tellers.
(1)
The drive-through facility shall be located on the side or rear elevation of the building to minimize visibility from the public or private roadway.
(2)
The drive-through service for teller stations and automated teller machines (ATM), including any associated lighting, shall be screened from adjacent residential land uses by a solid screening wall in accordance with Article 10, such that it will not impact the use and enjoyment of the residential land use.
(3)
Clear identification and delineation between the drive-through facility and the parking lot shall be provided.
(4)
There shall be a minimum of four (4) stacking spaces for the first drive-through lane and three (3) stacking spaces for each additional lane.
(5)
The drive-through facility shall provide an escape lane to allow other vehicles to pass those waiting to be served. The Planning and Zoning Commission may waive the requirement for an escape lane where it can be demonstrated that such a waiver will not result in an adverse effect on public safety or the convenience of patrons of the facility.
(Ordinance 99-0928-A adopted 10/12/21)
§ 14.07 Health Care and Social Assistance.
The following requirements shall be complied with for the specified use:
(a)
Day-Care Centers, Commercial/Preschools.
(1)
There shall be a minimum of 100 square feet of outdoor play area per child on site at any given time.
(2)
The minimum side and rear yard setback shall be 20 feet.
(3)
A minimum 20-foot buffer/setback shall be provided between the parking lot and any adjacent residential use landscaped in accordance with Article 10.
(4)
The day-care center or preschool shall be inspected by the fire department and the Grayson County Health Department and Texas Department of State Health Services for compliance with fire code and health code requirements prior to operation.
(b)
Funeral Homes/Mortuaries.
(1)
An off-street vehicle assembly area shall be provided to be used in support of funeral processions and activities. This area shall be in addition to the required off-street parking and its related maneuvering area.
(2)
If a crematory is included as part of a funeral home/mortuary, it shall meet the following requirements:
(a)
Crematories shall be set back 100 feet from any lot line adjoining a residentially zoned or used lot.
(b)
All required state permits, licenses and certifications shall be obtained.
(c)
Crematories shall not emit any noticeable odor or particulates.
(d)
Crematories shall have emission stacks covered or shrouded with materials safe for such uses and that are compatible in design and architecture with the existing funeral home and the building housing the crematory. The crematory facility and emission stack shall be compatible with surrounding properties.
(c)
Group Home.
(1)
Group Homes [may] be developed in a multiple-family or cluster housing form with full facilities for self-sufficiency in each individual unit. A community center for this overall development may be provided.
(2)
Group Homes may be developed in a multiple-family housing form with central dining facilities provided as a basic service to each unit. A community center for the overall development shall be provided to support recreational and social activities.
(3)
Group Homes shall be inspected by the fire department and the Grayson County Health Department and Texas Department of State Health Services for compliance with fire code and health code requirements prior to occupancy.
(4)
Applicants for a special use permit to operate a group home must submit documentation that the applicant has obtained any and all necessary state licenses permitting the applicant to operate such group home.
(Ordinance 99-0928-A adopted 10/12/21)
§ 14.08 Entertainment and Recreation.
The following requirements shall be complied with for the specified use:
(a)
Adult Regulated Use.
(1)
Regulations for these uses are necessary to insure the potential adverse effects will not contribute to the blighting, deteriorating, and/or downgrading of the area in which they are located and surrounding neighborhoods. The control or regulation of these uses is for the purpose of preventing their overcrowding in a particular location and requires, instead, their disbursal [dispersal] in appropriate locations to minimize their adverse impact on any specific neighborhood.
(2)
The prohibition against the establishment of more than one adult regulated use, within 500 feet of another adult regulated use or other incompatible uses, serves to avoid the concentration of such uses; avoids the deleterious effects of blight and devaluation of both business and residential property; and prevents the harmful effect of blight and devaluation of recreation, educational and/or religious uses.
(3)
Concern for, and pride in, the orderly planning and development of the neighborhood and area should be encouraged and fostered in those persons who comprise the business and residential segments of that neighborhood and area.
(4)
The following constitute adult regulated uses, as defined in the definition Article [section 18.02] within this ordinance.
(5)
Sensitive Use Separation.
Any adult regulated use/building shall be at least 500 feet from a residential zoning district and at least 500 feet from any of the following. Distance limitations shall be measured along a straight line forming the shortest distance between any portion of the subject parcel and parcels zoned residential or occupied by uses specified herein.
(a)
Another existing adult regulated use;
(b)
Public, private or parochial school;
(c)
Public Library;
(d)
Park, playground or other recreation facility which admits minors;
(e)
Commercial Day-care center or nursery schools;
(f)
Church, temple or other similar place of worship;
(g)
Any establishment having a liquor license;
(h)
Hotels, motels or bed and breakfast inns; and
(i)
Dance clubs, ice- or roller-skating rinks, movie theaters and other similar uses which typically cater to teenagers.
(j)
Any establishment having a liquor license[.]
(6)
Any adult regulated use/building offering material described in this Ordinance shall comply with the following performance standards:
(a)
That any display of adult oriented material be shielded from public view either placed behind a counter, or by providing a separately established room which would have restricted access controlled by the owner or employees;
(b)
That all access to adult orientated material be restricted to persons 18 years of age or older;
(c)
That signage be posted regarding the restrictions to this type of material; and
(d)
That the location of the counter or room be limited to an area away from the main entry.
(7)
Site and building requirements:
(a)
Building size shall not exceed 5,000 square feet of gross floor area.
(b)
The building and site shall be designed, constructed and maintained so material such as a display, decoration or sign depicting, describing, or relating to specific sexual activities or specified anatomical areas, as defined in this Ordinance, cannot be observed by pedestrians or motorists on a public right-of-way or from an adjacent land use. No exterior door or window on the premises shall be kept open at any time while the business is in operation.
(c)
The use shall be located within a freestanding building. A shared/common wall is not considered a freestanding building.
(d)
The building shall provide sufficient sound-absorbing insulation so noise generated inside the premises shall not be audible anywhere on any adjacent property or public right-of-way.
(e)
The Planning and Zoning Commission may require a wall, fence or berm in conjunction with landscaping to provide an appropriate screen in consideration of views from public streets, adjacent properties and surrounding land uses.
(f)
Access shall be from a major thoroughfare.
(g)
Any adult regulated use, which allows customers to remain on the premises while viewing live, filmed or recorded entertainment or while using or consuming the products or services supplied on the premises shall provide at least one security guard on duty outside the premises. The security guard shall patrol the grounds and parking areas at all times while the business is in operation.
(b)
Commercial Outdoor Recreation Facilities Such as Batting Cages, Driving Ranges and Putt-Putt Golf.
(1)
The minimum front, side and rear yard building setbacks shall be 40 feet, which shall apply to all buildings, recreation activity areas, spectator seating and any other structural appurtenances.
(2)
Devices for the transmission of broadcasting of voices or music shall be so directed as to prevent sound from being audible beyond the lot lines of the site.
(3)
Whenever any such use abuts a residential district or use, a transitional buffer area shall be provided between all operations, buildings and structures, including fences, and the residential property. Landscaping, walls and/or fences shall be required as part of this buffer as determined by the Planning and Zoning Commission based upon the nature of the use and the noise impact that the use may have on surrounding uses.
(4)
Storage buildings; restroom facilities; facilities for the sale and consumption of food, beverages and refreshments; and other similar accessory uses shall comply with all standards of the City of Bells.
(Ordinance 99-0928-A adopted 10/12/21)
§ 14.09 Civic, Religious, Social Assistance Organizations.
(a)
Churches, Chapels, Temples, Synagogues and Similar Places of Worship.
(1)
The regulations of this section only apply to churches, chapels, temples, synagogues and similar places of worship.
(2)
The minimum front, side and rear yard building setbacks shall be 25 feet.
(3)
Off-street parking spaces and circulation aisles shall not be located within 25 feet of the front lot line.
(Ordinance 99-0928-A adopted 10/12/21)
§ 14.10 Warehousing.
(a)
Minimum building and parking setback shall be 40 feet from any public street right-of-way line or any adjacent residential zoning district.
(b)
Where self-storage warehouses are being developed through a condominium or subdivision for sale of individual storage buildings or units, building shall be spaced a minimum of 10 feet from all other buildings and shall be set back a minimum of 10 feet from the internal circulation road.
(c)
The front yard and any side yards adjacent to residential districts shall include wrought iron or similar decorative fencing and evergreen plantings spaced a maximum of 10 feet on-center.
(d)
All storage shall be within completely enclosed buildings or structures, unless a separate special exception approval is granted for commercial outdoor storage on the premises by Planning and Zoning Commission[.]
(e)
The use shall be limited to storage only. The premises shall not be used for operating any other business or repairing of any vehicles, except truck rental may be approved as an accessory use.
(f)
No storage of combustible or flammable liquids, combustible fibers, or explosive materials as defined in the fire prevention code, or toxic materials, shall be permitted within the self-storage buildings or upon the premises.
(Ordinance 99-0928-A adopted 10/12/21)
§ 14.11 Utilities.
The following requirements shall be complied with for the specified use:
(a)
Power Generation Plants.
(1)
The development and operation of the power plant shall meet all state, and federal requirements. All required permits shall be kept up-to-date.
(2)
All surface or sub-surface water intake and discharge must meet county, state and federal agency requirements.
(3)
Air emissions must meet all state and federal agency requirements. Odor, smoke, fumes and dust shall be controlled so as not to cause a public nuisance or hazard. The effects of air pollution, noise, and vibrations shall be minimized on adjacent properties.
(4)
Chimneys, cooling towers or stacks may exceed the height limits of the district; provided they are set back from any non-industrially zoned property a distance at least equal to their height and meet all requirements of Federal Aviation Administration.
(5)
On-site storage of all materials shall be indicated on the site plan and shall meet all setback requirements of the district. Outdoor storage areas shall be screened by a minimum six (6) foot tall solid screening wall in accordance with Article 10. Any stockpiles of materials shall be contained to prevent dust, erosion and pollution of adjacent properties and watercourses.
(b)
Wind Energy Conversion Systems (WECS).
(1)
Single Accessory WECS.
A WECS to service the energy needs of the property where the structure is located may be allowed with special exception approval in all districts, subject to the following requirements:
(a)
Only one (1) WECS shall be permitted per parcel or lot.
(b)
The tower shall not be higher than 45 feet. The height of the overall WECS with the blade in the vertical position shall not exceed 50 feet above ground level. The allowable height may be further limited in order to meet setbacks in paragraph c below.
(c)
All towers shall be set back a distance at least equal to one and a half (1-1/2) times the WECS height from all property lines. The height shall be measured to the top of the blade at its highest point.
(d)
The blade diameter (tip to tip) shall not exceed 15 feet.
(e)
The minimum blade or rotor clearance from the ground shall be 20 feet for a horizontal-axis WECS and 10 feet for a vertical-axis WECS. The minimum blade or rotor clearance from a building or utility line shall be 20 feet.
(f)
All WECS shall be equipped with both a manual brake and automatic braking systems, or governing device capable of keeping the WECS operation in high winds within 80% of its survival wind speed.
(g)
All WECS shall be adequately anchored to prevent their being knocked down by high winds with the stamp of a qualified structural engineer.
(h)
A WECS shall be constructed with a tubular tower. Lattice towers and guy wires shall be prohibited.
(i)
Towers shall not have permanent attached tower climbing devices.
(j)
A WECS shall be painted a non-obtrusive (light color such as white, beige or light gray) color that is non-reflective. No striping or color shall be visible on the blades or tower.
(k)
All distribution lines from the WECS to the building and the electrical grid connection shall be underground. The generator and all other electrical equipment, and controls shall be enclosed within the nacelle, tower pole or within a building.
(l)
Excess power may be sold back to the local electric utility provider. In the case of WECS to be interconnected with the power grid of the local electric utility, the applicant shall provide proof of written notice to the utility of the proposed interconnection and the utility’s response. The resident shall comply with all requirements of the servicing utility if the WECS is interfaced with the utility grid. The utility will install appropriate electric metering (for sellback and non-sellback) and the customer will be required to install a disconnecting device adjacent to the electric meter(s).
(m)
Noise emissions from the operation of a WECS shall not exceed 60 decibels on the DBA scale, as measured at the nearest property line or road. Manufacturer’s specifications indicating the operating noise levels of the WECS at full RPM shall be provided with the application. The Planning and Zoning Commission may require the owner to pay for a sound evaluation by a qualified professional following installation to determine compliance with the requirements of this section.
(2)
Commercial WECS.
WECS larger than those allowed in (1) above, wind farms and WECS Testing Facilities associated with the commercial application of a WECS may be allowed as a special use within the M1–Industrial District, subject to the following requirements:
(a)
All applications for special use approval shall be accompanied by the following information, in addition to the site plan required by Article (14.11 (2)) [sic]:
1.
Location and height of all proposed buildings, structures, electrical lines, towers, security fencing, and other above-ground structures associated with the WECS.
2.
Locations and height of all adjacent buildings, structures, and above-ground utilities located within 200 feet of the exterior boundaries of the lot or parcel where the proposed WECS will be located. Specific distances to other on-site buildings, structures, and utilities shall also be provided.
3.
The location of all existing and proposed overhead and underground electrical transmission or distribution lines shall be shown.
4.
Existing and proposed setbacks for the WECS from all structures located on the property where the WECS will be located.
5.
The site plan submittal shall contain a written description of the procedures to be used to maintain the WECS. The description shall include maintenance schedules, types of maintenance to be performed, and removal procedures and schedules in the event the WECS becomes obsolete or is abandoned.
6.
A copy of the manufacturer’s installation instructions and blueprints shall be provided to the City of Bells.
7.
Drawings and engineering calculations shall be certified by a registered engineer licensed in the State of Texas.
8.
A noise modeling and analysis report showing noise levels at property lines at full RPM.
9.
A shadow flicker analysis shall be prepared if there is any residential buildings or public roadways within 1,000 feet of the proposed system.
(b)
The permitted maximum total height of a WECS shall be 200 feet (with the blade in the vertical position).
1.
A WECS shall be designed at a height that will not require aviation hazard lighting by the FAA. A determination of no hazard letter issued by the FAA shall demonstrate that lighting is not required prior to approval of the special use. If construction of the WECS requires FAA approval or review, then a final decision must be provided before the Planning and Zoning Commission may conduct any public hearing on a request for special exception.
(c)
A WECS shall be constructed with a tubular tower, not a lattice tower.
(d)
The setback for placement of a WECS shall be equal to one and a half (1-1/2) times the height of the WECS from each property line and any public road right-of-way. This may be reduced from an adjacent property that also contains a WECS, provided the spacing requirement of paragraph f below is met.
(e)
A commercial WECS shall be set back a minimum of 1,000 feet from any residential subdivision or school.
(f)
The minimum distance between two (2) WECS shall be equal to the combined height of both WECS.
(g)
Blade arcs created by a WECS shall have a minimum of 135 feet of clearance over and from any structure, adjoining property or tree. The minimum blade or rotor clearance above ground level shall be at least 20 feet.
(h)
Each WECS shall be equipped with both a manual and automatic braking device capable of stopping the WECS operation in high winds within 80% of design limits of the rotor.
(i)
To prevent unauthorized climbing, WECS must provide an anti-climb device and/or fencing with clearly displayed adequate warning and no trespassing signage.
(j)
Each WECS shall have one (1) sign, not to exceed two (2) square feet in area, posted at the base of the tower. The sign shall contain high-voltage warning, emergency numbers and emergency shutdown procedures. If the facility is fenced, signs shall be placed on the fence.
(k)
A lighting plan for each WECS shall be approved by the City of Bells. The lighting plan must describe all lighting that will be utilized, including any lighting that may be required by the FAA. The plan shall include, but is not limited to, the number and location of lights, light color and whether any lights will be flashing. Strobe lights are discouraged and must be shielded from the ground if allowed. All efforts shall be made not to affect any resident with any strobe effect.
(l)
A WECS shall be painted a non-obtrusive color (light environmental color such as white, beige or gray) that is non-reflective. The wind turbine base and blades shall be of a color consistent with all other turbines in the area. No striping of color or advertisement shall be visible on the blades or tower.
(m)
All distribution lines from the WECS to the electrical grid connection shall be installed underground.
(n)
WECS shall be designed, constructed and operated so as not to cause radio and television interference. In the event that electromagnetic interference is experienced, the applicant must provide alternate service to each individual resident or property owner affected.
(o)
Noise emissions from the operation of a WECS shall not exceed 60 decibels on the DBA scale, as measured at the nearest property line or road. Equipment shall be placed so that the WECS will not exceed the maximum permitted sound pressure levels. After installation of the WECS, sound pressure level measurements shall be done by a third-party, qualified professional according to the procedures in the most current version of ANSI S12.18. All sound pressure levels shall be measured with a sound meter that meets or exceeds the most current version of ANSI S1.4 specifications for a Type II sound meter. Documentation of the sound pressure level measurements shall be provided Planning and Zoning Commission within 60 days of the commercial operation of the project.
(p)
A shadow flicker analysis shall be prepared if there is any residential building or public roadway within 1,000 feet of the proposed system. Shadow flicker caused by wind turbines is defined as alternating changes in light intensity due to the moving blade shadows cast on the ground and objects. The analysis shall identify the locations of shadow flicker that may be caused by the WECS blade rotation and the expected durations of the flicker at these locations from sunrise to sunset over the course of a year. The analysis shall identify problem areas where shadow flicker may affect residents, livestock, and traffic. The analysis shall also show measures that shall be taken to eliminate or mitigate the problems.
(q)
WECS must be kept and maintained in good repair and condition at all times. If a WECS is not maintained in operational and reasonable condition or poses a potential safety hazard, the applicant shall take expeditious action to correct the situation. The applicant shall keep a maintenance log on each WECS, which the City of Bells can review on a monthly basis.
(r)
Any WECS not used for six (6) successive months or longer shall be deemed to be abandoned and shall be promptly dismantled and removed from the property. All above- and below-ground materials must be removed. The ground must be restored to its original condition within 60 days of removal.
(s)
Any public roads that will be used for transporting WECS equipment shall be identified with the application. The City of Bells engineer shall approve the proposed routes on any City of Bells road and the City of Bells engineer and police chief shall approve the proposed routes on any street. Any road damage caused by the transportation of WECS equipment shall be repaired to the satisfaction of the City of Bells engineer. A performance guarantee for road repair shall be required.
(t)
If a special use is approved pursuant to this section, a performance guarantee shall be required which will be furnished by the applicant to the City of Bells in order to ensure full compliance with this subsection and any conditions of approval. At a minimum, the performance guarantee shall be in an amount determined by the City of Bells to be sufficient to have the WECS fully removed and the land returned to its original state should the structure or structures become abandoned, dangerous or obsolete, or not in compliance with this Ordinance or the special use approval. The performance guarantee shall be kept in full force and effect during the entire time the WECS exists.
(c)
Wireless Communication Facilities and Services.
(1)
Purpose.
The regulations of this Section are intended to conform to federal and state laws and administrative rules governing facilities needed to operate wireless communication systems and to set forth procedures and standards for review and approval for the location of such facilities within the City of Bells.
(a)
It is the intent to reasonably regulate the location and design of such facilities to retain the integrity of neighborhoods and the character, property values and aesthetic quality of the City of Bells.
(b)
Given the increase in the number of wireless communication facilities requested as a result of the new technology and the Federal Telecommunications Act of 1996, it is the policy that all users should collocate attached wireless communication facilities and wireless communication towers, where practicable. Collocation is proposed in order to assure the most economic use of land and to prevent the proliferation of duplicative structures.
(c)
In recognition of the concern that technological advances may render certain wireless communication facilities obsolete or unnecessary in the future, requirements are set forth for the removal of unused or unnecessary facilities in a timely manner and provide security for removal.
(2)
Zoning Districts and Approval Process for Wireless Communication Facilities.
Wireless Communication facilities may be located, as follows:
Table 14.1. Wireless Communications Facilities | ||
|---|---|---|
Type/Location of Wireless Communication Facility | Districts Permitted | Approval Procedure |
Collocation on Existing Structure | ||
Attached to an existing building or structure that will not be materially altered or changed in appearance | All districts, except on lots occupied by a single-family residential use | Approval by the Planning and Zoning Commission |
Attached to an existing utility structure that will not be modified or materially alter the pole or impair sight lines or compromise safety | All districts | Approval by the Planning and Zoning Commission |
Collocation upon an existing wireless communication facility | All districts | Approval by the Planning and Zoning Commission |
New Wireless Communication Tower | ||
Monopole up to 60 feet in height | In districts [sic] or on civic, educational, public, and religious sites in all districts | Special use and site plan required. Petition heard by the Planning and Zoning Commission |
Monopole up to 150 feet in height | C1, C2, M1 | Special use and site plan required. Petition heard [by the] Planning and Zoning Commission |
Lattice tower up to 150 feet in height where it can be demonstrated that a monopole is not feasible | M1 | Special use and site plan required. Petition heard by the Planning and Zoning Commission |
(3)
Application Requirements - Collocation.
The following information shall be provided with the application, in addition to the other site plan submittal requirements for an attached wireless communications facility collocated on an existing structure:
(a)
The name, address and phone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated during all times the facility is on the premises.
(b)
The owner and/or operator of the existing tower or structure [and] copies of approval from the owner of such tower or structure to collocate the wireless communication structure on the owner’s tower or structure.
(c)
Legal description of the parent tract and leased parcel (if applicable).
(d)
Elevation drawings and construction details of all existing and proposed wireless communication facilities, including accessory structures and equipment shelters.
(e)
The reason or purpose for the wireless communication facility with specific reference to the provider’s coverage, capacity and/or quality needs, goals and objectives.
(f)
Identification of the entities providing the backhaul network for the tower described in the application and other cellular sites owned or operated by the applicant in the City of Bells.
(g)
The structural capacity and whether it can accommodate the facility, as proposed or modified.
(h)
Limits and type of fencing, the method of screening and location and type of illumination.
(i)
A description of compliance with this section and all applicable federal, state or local laws.
(j)
A description of performance guarantee, as described in section 16.07 of this Ordinance, to be posted upon issuance of a building permit to ensure removal of the facility if it is abandoned or is no longer needed.
(k)
Verification that the applicant has received all concurrent licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of the wireless communication facility.
(4)
Application Requirements for New Wireless Communication Tower.
The following information shall be provided with the application to construct any new wireless communication tower, in addition to the submittal requirements in subsection (3) above:
(a)
A description of performance guarantee to be posted at the time of receiving a permit for the facility to ensure removal of the facility when it is abandoned or is no longer needed. The applicant shall demonstrate that funds will be available to the City of Bells for removal of any structure used for wireless communication in an amount which reasonably reflects the cost of removal of the facility and restoration of the property or structure upon which the facility is located or placed. Adequate funds shall also be provided to cover the City of Bells administrative costs in the event that the applicant or its successor does not remove the Wireless Communication Facility in a timely manner.
(b)
Inventory all existing towers, antennas, or sites approved for towers that are within two (2) miles of the proposed site, including specific information about the location, height, and design of each tower.
(c)
In recognition of the policy to promote collocation, a written agreement, transferable to all successors and assigns, that the operator shall make space available on the facility for collocation, which includes space on the tower for state, county and City of Bells emergency service infrastructure.
(d)
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(e)
Prior to issuing an improvement location permit, a signed certification by a professional structural engineer licensed by the State of Texas shall be provided to the City of Bells that describes the manner in which the proposed structure will fall in the event of damage, accident or injury (i.e. “fall zone”), and that the designated setback area shall accommodate the structure in the event it falls or breaks and will provide a reasonable buffer in the event the structure fails.
(f)
A determination of no hazard letter issued by the FAA shall demonstrate that lighting is not required prior to the special use approval. If construction, and/or use of the telecommunications requires FAA approval or review, then a final decision from either the FAA approving the granting of such permit must be provided before the Plan Commission may conduct any public hearing on a request for special use.
(5)
Design Standards Applicable to All Facilities.
All wireless communication facilities shall be constructed and maintained in accordance with the following standards:
(a)
Facilities shall be located and designed to be harmonious with the surrounding areas. Wireless communication facilities, including all related equipment and appurtenances, shall be a color that blends with the surroundings of the pole, structure tower or infrastructure upon which the wireless communication facility is mounted.
(b)
Minimum six (6) foot tall fencing shall be provided for protection of the tower and associated equipment and for security from children and other persons who may otherwise access the facilities. A brick wall may be substituted for the required fencing.
(c)
Landscaping shall be provided to screen the structure base, accessory buildings and enclosure from adjacent uses and public rights-of-way.
(d)
Accessory buildings shall be a maximum of 10 feet high and shall be set back in accordance with the requirements for principal buildings in the respective zoning district.
(e)
All attached wireless communication facilities proposed on the roof of a building shall be designed, constructed and maintained to be architecturally compatible with the principal building. The height of the wireless communication facilities shall not exceed the maximum height of the district plus the allowable exceptions to the height limits contained in Article 2. The equipment to make the unit functional may be located within the principal building or may be an accessory building. If proposed as an accessory building, it shall conform to all district requirements for principal buildings, including yard setbacks.
(f)
The requirements of the Federal Aviation Administration, and Federal Communication Commission shall be noted.
(g)
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.
(6)
Design Standards Applicable to New Towers.
In addition to the design standards in subsection (5) above, all wireless communication towers shall be constructed and maintained in accordance with the following standards:
(a)
Feasible Collocation.
Siting or placement of new wireless communications facilities or towers shall be in accordance with the following hierarchy. The order of ranking shall be: (1) co-location first, (2) existing structure or building utilization, (3) new wireless communications facility tower location last. If a new tower is proposed, the applicant must have substantial evidence that a higher ranked alternative is not feasible or available. A permit for the construction and use of a new wireless communication facility shall not be granted until the applicant demonstrates a feasible collocation is not available for the coverage area and capacity needs.
(b)
Collocation Agreement.
All new and modified wireless communication facilities shall be designed and constructed to accommodate collocation, with a written agreement in a format approved by the City of Bells attorney. Any tower that is 150 feet or taller shall be capable of co-location of at least four (4) additional users. Any tower that is less than 150 feet shall be capable of co-location of at least two (2) additional users. The tower owner shall make space available for collocation of emergency communication equipment if requested by the City of Bells.
(c)
Height.
1.
The maximum height for a new wireless communication tower shall be 199 feet.
2.
A new wireless communication tower shall be designed at a height that will not require aviation hazard lighting by the FAA or 200 feet.
3.
The applicant shall demonstrate that the requested height of the new or modified tower and antenna shall be the minimum height necessary for reasonable communication, including additional height to accommodate future collocation where appropriate.
(d)
Tower Setbacks.
The wireless communication tower shall be set back from all nonresidential property lines a distance at least equal to one-half (1/2) the height of the tower, from all residential property lines a distance at least equal to the height of the tower and from all street right-of-way lines a distance at least equal to the height of the tower.
(e)
Guy Wires.
All towers shall be self-supporting and guy wires shall be prohibited.
(f)
Accessory Structure Setback.
Accessory structures must satisfy the minimum zoning district building setback requirements.
(g)
Access.
There shall be unobstructed access to the tower, for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. This access shall have a width and location determined by such factors as: the location of adjacent thoroughfares and traffic and circulation within the site; utilities needed to service the tower and any attendant facilities; the location of buildings and parking facilities; proximity to residential districts and minimizing disturbance to the natural landscape; and the type of equipment which will need to access the site.
(h)
Soils Report.
The tower shall be constructed in accordance with all applicable building codes and shall include the submission of a soils report from a geotechnical engineer, licensed in the State of Texas. This soils report shall include soil borings and statements confirming the suitability of soil conditions for the proposed use.
(i)
Color.
Towers shall be painted a neutral color so as to reduce visual obtrusiveness or be constructed of galvanized steel.
(j)
Lighting.
Towers shall not be artificially lighted and shall not exceed a height that requires aviation hazard lighting.
(7)
Collocation.
(a)
Statement of Policy.
It is the policy to minimize the overall number of newly established locations for wireless communication facilities and towers throughout the City of Bells by encouraging the use of existing structures. If a provider fails or refuses to permit collocation on a facility owned or controlled by it, where collocation is feasible, the result will be that a new and unnecessary additional structure will be required, in contradiction with policy. Collocation shall be required unless an applicant demonstrates that collocation is not feasible.
(b)
Antennas on Existing Towers.
An antenna which is attached to an existing tower may be approved by the Planning and Zoning Commission and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collation is accomplished in a manner consistent with the following:
1.
A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Planning and Zoning Commission allows reconstruction as a monopole.
2.
An existing tower may be modified or rebuilt to a taller height, not to exceed 15 feet over the tower’s existing height, to accommodate the collocation of an additional antenna with approval by the Planning and Zoning Commission. A height increase of more than 15 feet shall require approval by the Planning and Zoning Commission.
(c)
Antennas Mounted on Structures or Rooftops.
Wireless communication antennas placed on the roofs of buildings may be approved by the Planning and Zoning Commission, if the principal use is a conforming [use] and the building is a conforming structure. The antenna shall not exceed the height of its supporting structure by more than 12 feet.
(d)
Antennas Mounted on Utility Structures.
Wireless communication antennas attached to utility structures such as water towers or electrical transmission line towers may be approved by the Planning and Zoning Commission. The equipment cabinet or structure used in association with antennas shall be located in accordance with the Ordinance requirements for accessory structures.
(8)
Variances.
The Planning and Zoning Commission may consider a variance from the standards of this Section, based upon a finding that one or more of the following factors exist, as appropriate for the type of variance requested:
(a)
Location.
The applicant must demonstrate that a location within a district or location in accordance with the standards of this Section cannot reasonably meet the coverage or capacity needs of the applicant.
(b)
Tower Setback.
The applicant has provided engineering information documenting that the tower is self-collapsing and that the setback designated area would accommodate the structure should it fall or break and would provide a reasonable buffer in the event the structure fails.
(c)
Height.
The height requested is due to signal interference due to topography, tall buildings, masses of trees, or other obstructions, or would reduce the number of towers to the benefit of the cities and county.
(d)
Mitigation.
The applicant has proposed means to mitigate any negative impacts through provision for future collocation, if found to be appropriate by the City of Bells and special design of the facility and site.
(e)
Design.
The wireless communication and accessory facilities shall be designed to be compatible with the existing character of the proposed site, neighborhood and general area such as a steeple, bell tower, or similar form.
(9)
Removal.
Wireless communication facilities shall be removed by the owner if the facility is no longer in use. The facilities must be removed within a year of the end of use. A performance guarantee shall be provided to the City of Bells at the time of receiving an improvement location permit for the facility to ensure removal of the facility when it is abandoned or is no longer needed. The applicant shall demonstrate that funds will be available to the City of Bells for removal of any structure used for wireless communication in an amount which reasonably reflects the cost of removal of the facility and restoration of the property or structure upon which the facility is located or placed. Adequate funds shall also be provided to cover the City of Bells’ administrative costs in the event that the applicant or its successor does not remove the Wireless Communication Facility in a timeframe stated above.
(10)
Conflicts with state and federal law. In the event this article conflicts with state or federal law, the telecommunications provider shall comply with the ordinance to the maximum extent possible.
(Ordinance 99-0928-A adopted 10/12/21)
§ 14.12 Construction.
The following requirements shall be complied with for the specified use:
(a)
Contractors’ Place of Business Outdoor Storage.
(1)
Outdoor storage shall be located in the side or rear yard of the lot and set back a minimum of 30 feet from any adjacent residential district. Outdoor storage areas shall be screened by a minimum six (6) foot tall solid screening wall in accordance with Article 10.
(2)
Any stockpiles of soil, fertilizer or similar loosely packaged materials shall be sufficiently covered or contained to prevent dust or blowing of materials.
(3)
The height of all material and equipment stored within 10 feet of the screening wall or fence shall not exceed the height of the screening wall or fence.
(4)
All loading and truck maneuvering shall be accommodated on-site.
(Ordinance 99-0928-A adopted 10/12/21)
§ 14.13 Waste Processing and Disposal.
The following requirements shall be complied with for the specified use:
(a)
Processing, Storage, Transfer Stations or Incineration of Solid Waste, Hazardous Waste or Medical Waste.
(1)
All processing, storage or transfer of wastes shall be within an enclosed building.
There shall not be any outdoor storage of wastes.
(2)
The location, size and layout of the site, and its relation to streets giving access to it, shall be such that traffic to and from the use will not conflict with the normal traffic of the area.
(3)
No portion of any structure, facility, access drive, parking area or storage area shall be located within 500 feet of a residential district.
(4)
All roads on the premises shall be paved with concrete or an asphalt hard surface.
(5)
Storing or disposing of any kind shall not pollute a water supply or contaminate surrounding land to the extent that public health is endangered. The surface water detained on the site shall be purified of contaminants before leaving the site or must be disposed of in accordance with the requirements of the health department. All storage, processing and disposal areas shall be a minimum of 100 feet from any wetland, drain stream or body of water.
(6)
Emission of smoke, dirt, dust and fly ash shall be controlled through the use of electrostatic precipitator or other equipment of equal or better efficiency, which shall meet all applicable Federal, State and local air pollution control regulations.
(7)
The City of Bells may impose such reasonable conditions as it deems necessary to protect the public health, safety and general welfare from excessive noises, excessive traffic patterns, obnoxious and unhealthy odors, and any detrimental effects from the general operation of the use.
(b)
Recycling Facility, Non-Hazardous.
(1)
The location, size and layout of the site, and its relation to streets giving access to it, shall be such that traffic to and from the use will not conflict with the normal traffic of the area.
(2)
The location, size, intensity, site layout and periods of operation must be designated to eliminate any possible nuisance that might be noxious to the occupants of any other nearby properties and uses, whether by reason of odor, dust, noise, fumes, vibration, smoke or lights.
(3)
Stacking area for a minimum of five (5) vehicles must be provided on-site. Any area used for parking or unloading materials must be screened with a minimum six (6) foot tall wall or solid fence to prevent materials from leaving the unloading area.
(4)
Storing or disposing of any kind shall not pollute a water supply or contaminate surrounding land to the extent that public or environmental health is endangered. All storage, processing and disposal areas shall be a minimum of 50 feet from any wetland, drain stream or body of water.
(5)
Depositing, storing or disposing of garbage or wastes shall not attract vermin, insects or other pests or allow the wastes to become a breeding place for mosquitoes, flies or other disease-carrying insects. Offensive odors shall not interfere with the enjoyment of adjacent property owners and/tenants.
(6)
All sides of the site shall be landscaped with a buffer zone A in accordance with Article 10 [sic].
(7)
The City of Bells may impose such reasonable conditions as it deems necessary to protect the public health, safety and general welfare from excessive noises, excessive traffic patterns, obnoxious and unhealthy odors, and any detrimental effects from the general operation of the use.
(c)
Salvage Yards.
(1)
The minimum lot area shall be 5 acres.
(2)
A minimum setback of 1,000 feet shall be provided from any adjacent residential district.
(3)
The location, size, intensity, site layout and periods of operation must be designated to eliminate any possible nuisance that might be noxious to the occupants of any other nearby permitted uses, whether by reason of odor, dust, noise, fumes, vibration, smoke or lights.
(4)
The entire site must be screened with a minimum eight (8) foot tall wall or solid fence[.] Material shall not be stacked higher than the screening enclosure. All material shall be screened so as to not be visible from any public road and/or view.
(5)
Any area used for parking or unloading materials must be located within the site. Parking of trucks and loading or unloading of materials in the public road right-of-way shall be prohibited.
(6)
Storage or disposal of any kind shall not pollute a water supply or contaminate surrounding land to the extent that public health is endangered. The surface water detained on the site shall be purified of contaminants before leaving the site or must be disposed of in accordance with the requirements of the health department. All storage, processing and disposal areas shall be a minimum of 100 feet from any wetland, drain stream or body of water.
(7)
The City of Bells may impose such reasonable conditions as it deems necessary to protect the public health, safety and general welfare from excessive noises, excessive traffic patterns, obnoxious and unhealthy odors, and any detrimental effects from the general operation of the use.
(Ordinance 99-0928-A adopted 10/12/21)
§ 14.14 Mining.
The following requirements shall be complied with for the specified use:
(a)
Mineral and Non-Mineral Extraction and General Mining Operations.
(1)
Application.
The following additional information shall be included with the special use and site plan applications:
(a)
Report by a qualified soil scientist, soils engineer or geologist regarding the effect the proposed operation will have upon the watershed of the area, with particular attention being devoted to the water table, and, if water bodies are to be created, the anticipated permanence of such.
(b)
A soil erosion control plan prepared.
(c)
A detailed description of the method of operation including an operations and restoration plan for the extraction of the natural resource deposits. The operations and restoration plan shall include the following:
1.
A progressive cell unit mining plan that divides the mining area into sections and delineates the progressive mining proposal on the extractive resources available.
2.
A transportation plan showing access to the site, proposed truck traffic and planned on-site roads. The applicant shall submit these proposed routings for review relative to the physical and design capabilities of these routes to accommodate the potential traffic.
3.
A stockpiling plan which shows how topsoil will be stripped and stored on the site as well as the stockpiling of extracted sand or gravel.
4.
A vegetation plan which shows the staging of restoration through the grading process as well as replacing the topsoil and the planting of appropriate native grasses, trees and shrubs.
5.
End use plan which shows the ultimate use of the property once restored to its original condition.
6.
A detailed explanation of how the applicant intends to comply with the operating requirements of this section.
(2)
Operations.
The removal of sand, gravel, limestone, peat or similar materials by excavation, stripping, mining or otherwise taking, and including on-site operations appurtenant to the taking, including washing, grading, sorting, (excluding grinding operations) shall be carried on within the limits of an area approved for such activities. All extractions from new pits begun subsequent to the effective date of this Ordinance shall be washed, graded, and further processed and/or stored within the limits of the area approved, and no natural resource extracted outside the limits of this area shall be brought in for washing, grading, or further processing. Resource related industries including, but not limited to: gravel grinding operations, concrete mixing plants and asphalt batching plants shall not be permitted as a part of the operation unless the activity is located in a Zoning District which would permit such a use.
(3)
Setbacks.
Excavation, washing and stockpiling of extracted material shall not be conducted closer than 150 feet to the outer boundary of the area approved for extractive operation. The setback area shall not be used for any activity in conjunction with the extractive operation, except access roads, public notice signs and signs identifying the operation. Landscaping shall be provided in the setback area as required by the Planning and Zoning Commission. To reduce the effects of airborne dust, dirt, and noise, all equipment for loading, weighing, and other operations structures shall not be built closer than 300 feet from any public street right-of-way or from any adjoining residentially zoned district.
(4)
Access.
All means of access to the property shall be from major thoroughfares. No access shall be allowed from residential streets. All private access roads shall be treated so as to create a dust-free surface for a distance of 300 feet from any public access road. Arrangements shall also be made to minimize dust on public access routes traveled in the City of Bells.
(5)
Fencing.
Any excavation operation that results in standing water for a period of at least one (1) month during the year or slopes as described below shall be subject to the following safety requirements:
(a)
Where slopes steeper than 30 degrees exist for a period of one (1) month or more, access to such slopes shall be barred by a cyclone fence or similarly effective barrier at least six (6) feet high, at least 50 feet outside the edge of the excavation, with suitable gates controlling access to the excavation area.
(b)
Where collections of water are one (1) foot or more in depth for any period of at least one (1) month and occupying an area of 200 square feet or more, access to such collections shall be fenced, as required in subparagraph a above.
(c)
Instances where the extractive area is situated in marginal land areas consisting of swamp land, or is bounded by natural bodies of water, the fence shall be required only on those sides accessible to public rights-of-way or as the Planning and Zoning Commission may determine as requiring fencing so as to secure safety. The Planning and Zoning Commission may require the posting of signs “KEEP OUT - DANGER,” as needed.
(6)
Slopes.
Finished slopes of the excavation site shall not exceed a minimum of five (5) feet to one (1) foot (five feet horizontal to one foot vertical) and where ponded water results from the operations, this slope must be maintained and extended into the water to a depth of five (5) feet. These slopes shall be established as the work in any one section of the excavation is completed and proceeds to the next section. Sufficient topsoil shall be stockpiled on the site so the entire area may be covered with a minimum of six (6) inches of topsoil when excavating operations are completed. The replacement of topsoil shall be made immediately following termination of excavating operations. In order to prevent erosion of slopes, all replaced topsoil shall immediately be planted with native grasses or other native plant material acceptable to the Planning and Zoning Commission.
(7)
Hours of operation.
Extraction and material processing activities permitted in the plant area shall be limited to the hours of 7:00 A.M. to 7:00 P.M., except in the following situations:
(Ordinance 99-0928-A adopted 10/12/21)
§ 14.15 Tire Sales/Storage.
The following requirements shall be complied with for the specified use:
(a)
Tires stored outside shall be neatly stacked; no stack shall be higher than 6 feet;
(b)
All applicable sections of the City of Bells Zoning Ordinance shall apply, specifically, fencing requirements, parking standards, lighting and all developmental standards within;
(c)
All applicable state and international building codes shall apply, including but not limited to ICC Fire Code 903.2.92 - for the storage of tires and fire suppression.
(Ordinance 99-0928-A adopted 10/12/21)
§ 14.16 Sale of Alcoholic Beverages.
The following requirements shall be complied with for the specified use:
(a)
Sale of Alcoholic Beverages Near a Church, School, or Public Hospital.
(1)
(a)
No person, as defined by the Texas Alcoholic Beverage Code shall sell alcoholic beverages if the place of business is within three hundred (300) feet of a church, public or private school, or public hospital except as provided by the Texas Alcoholic Beverage Code.
(b)
The sale of alcoholic beverages is also prohibited within one thousand (1,000) feet of a private school if the city council adopts by resolution a request for the one thousand (1,000) foot separation from the governing body of a private school.
(c)
For an Alcoholic Beverage Establishment, as defined herein, the distance requirement in Section 14.16(a) is two thousand six hundred forty (2,640) feet instead of three hundred (300) feet.
(2)
The measurement of the distance between the place of business where alcoholic beverages are sold, and the church or public hospital shall be along the property lines of the street fronts and from the front door to front door, and in direct line across intersections.
(3)
The measurement of the distance between the place of business where alcoholic beverages are sold, and the public or private school shall be:
(a)
In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or
(b)
If a permit or license holder is located on or above the fifth story of a multi-story building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor in which the permit or license holder is located.
(4)
Subsection (1)(b) does not apply to the holder of:
(a)
A retail on-premises consumption permit or license if less than 50 percent of the gross receipts for the premises is from the sale or service of alcoholic beverages;
(b)
A retail off-premises consumption permit or license if less than 50 percent of the gross receipts for the premises, excluding the sale of items subject to the motor fuels tax, is from the sale or service of alcoholic beverages; or
(c)
A wholesaler’s distributor’s, brewer’s, distiller’s and rectifier’s, winery, wine bottler’s or manufacturer’s permit or license, or any other license or permit held by a wholesaler or manufacturer as those words are ordinarily used and understood in Chapter 102 of the Texas Alcoholic Beverage Code; or
(d)
A license or permit issued under Chapter 27 (temporary wine and beer retailer’s permit), 31 (caterer’s permit), or 72 (temporary license) of the Texas Alcoholic Beverage Code who is operating on the premises of a private school; or
(e)
A license or permit covering a premise where minors are prohibited from entering under Section 109.53 of the Texas Alcoholic Beverage Code and that is located within 1,000 feet of a private school.
(5)
Subsection (1)(a) does not apply to the holder of:
(a)
A license or permit who also holds a food and beverage certificate issued by the Texas Alcoholic Beverage Commission covering a premise that is located within 300 feet of a private school; or
(b)
A license or permit covering a premise where minors are prohibited from entering under Section 109.53 of the Texas Alcoholic Beverage Code and that is located within 300 feet of a private school.
(7)
The City Council may grant variances to the requirements of this section if the City Council determines that enforcement of the regulation in a particular instance:
(a)
Is not in the best interest of the public,
(b)
Constitutes waste or inefficient use of land or other resources,
(c)
Creates an undue hardship on an applicant for a license or permit,
(d)
Does not serve its intended purpose,
(e)
Is not effective or necessary, or
(f)
Any other reason the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.
(b)
Sales Near Day-Care Center or Child-Care Facility.
(1)
This Section applies only to a permit or license holder under Chapter 25 (wine and beer retailer’s permit), 28 (mixed beverage permit), 32 (private club registration permit), 69 (retail dealer’s on-premise license), or 74 (brewpub license) of the Texas Alcoholic Beverage Code who does not hold a food and beverage certificate.
(2)
Except as provided by this Section 14.16(a) [(b)], the provisions of Section 14.16(a) of this Ordinance relating to a public school also apply to a day-care center and a child-care facility as those terms are defined by Section 42.002, Texas Human Resources Code.
(3)
This section does not apply to a permit or license holder who sells alcoholic beverages if:
(a)
The permit or license holder and the day-care center or child-care facility are located on different stories of a multi-story building; or
(b)
The permit or license holder and the day-care center or child-care facility are located in separate buildings and either the permit or license holder or the day-care center or child-care facility is located on the second story or higher of a multi-story building.
(4)
This section does not apply to a family home, specialized child-care home, or agency foster homes as those terms are defined by Section 42.002, Texas Human Resources Code.
(d)
Signs, Banners and Hours of Operation.
(1)
Signs (including banners) specifically related to the sale of alcoholic beverages shall be governed by the Texas Alcoholic Beverage Code, as amended, and any applicable Texas Alcoholic Beverage Commission regulations, as amended. Any applicable City sign regulations shall also govern signage, without regard to content.
(2)
The hours of operation, including days of the week and open and closing times, shall be as governed by the Texas Alcoholic Beverage Code, as amended, and any applicable Texas Alcoholic Beverage Commission regulations, as amended.
(Ordinance 99-0928-A adopted 10/12/21)
§ 14.17 Alcohol in City Parks.
(a)
Consumption of Alcoholic Beverages Prohibited.
(1)
The City hereby prohibits the consumption of alcoholic beverages by any individual on all City park property within its corporate limits.
(b)
Possession of Open Containers on City Park Property.
(1)
The City hereby prohibits the possession of any open container of an alcoholic beverage by any individual on all City park property within its corporate limits.
(c)
Waivers for Special Events.
(1)
The provisions of any ordinance making it illegal to possess or consume alcoholic beverages on City park property may be waived by the Mayor, Chief of Police or the City Council upon petition from any group or for a city-sponsored event, by issue of a special waiver to allow alcoholic beverages if, after review, he/she determines that the following conditions and circumstances exist:
(a)
The alcohol use will be in connection with a planned and scheduled event anticipated to involve twenty (20) or more people;
(b)
Appropriate security is provided by the permittee to ensure that laws governing legal age for drinking and public intoxication will not be violated and that public property at the site of the event is safeguarded; and
(c)
A deposit in an amount established by rules and regulations for the applicable public property is posted.
(2)
Any such waiver which has been issued must be available at the site of the event and must be produced for inspection upon request by any law enforcement official.
(3)
The mayor or his/her designated representative shall develop rules and regulations for conducting of such event within the framework of the policy stated in this section and shall ensure that waiver applicants are fully cognizant of same at the time a permit is issued.
(4)
Applicants who have been denied a waiver by the Mayor, Chief of Police or their designated representative may appeal to the City Council providing such appeal is made within sufficient time to be placed on a City Council meeting agenda.
(5)
Possession or consumption of alcoholic beverages near homeless shelter or substance abuse center.
(6)
Pursuant to state law, it shall be unlawful for a person to possess an open container containing an alcoholic beverage, or to consume an alcoholic beverage, on a public street, public alley or public sidewalk, within one thousand (1,000) feet of the property line of a homeless shelter or a substance abuse treatment center. Special temporary events, activities, and festivals authorized by Article 14.17(3) [section 14.17(c)] of this Ordinance are exempt from this Article 14.17(4) [section 14.17(c)(6)].
(d)
Penalty.
(1)
Any person, firm, corporation or business entity violating this Ordinance, or any portion thereof shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed five hundred dollars ($500.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance does not preclude Bells from filing suit to enjoin the violation. Bells retains all legal rights and remedies available to it pursuant to local, state and federal law.
(Ordinance 99-0928-A adopted 10/12/21)