In order to regulate and restrict the location of trades and industries and the location of buildings erected, reconstructed, altered or enlarged for specified uses, to regulate and limit the height and bulk of buildings hereafter erected, reconstructed, altered or enlarged, to regulate and determine the area of yards and other open spaces and to regulate and limit the density of population, the City of Benbrook is hereby divided into nineteen zoning districts to be known as follows:

_____

(Ord. No. 1344, § 1, 10-18-2012; Ord. No. 1348, § 2, 7-18-2013; Ord. No. 1398, § 2, 8-18-2016)

_____

The term "more restricted district" means one with fewer permitted uses and the term "less restricted district" means one with more permitted uses.

(Ord. No. 1344, § 1, 10-18-2012)

The districts aforesaid, and the boundaries of such districts, shall be as hereinafter described, and as shown upon the map attached hereto and made a part of this Ordinance, said map being designated "Zoning Map of the City of Benbrook, Texas," and said map and all notations, references, and other information shown thereon shall be a part of this title the same as if all such matters and information were fully described herein. The original of said map shall bear the date with the passing of the ordinance from which this title derives and shall be signed by the mayor and attested by the city secretary, under the seal of the City of Benbrook, Texas; said original map shall be kept in the office of the city secretary in the Benbrook City Hall, and a replica thereof shall be produced upon paper in such reduced scale as will permit its being attached to this tutle.

It shall be the duty of the planning director to keep the official maps and current copies up to date, by entering on such maps any changes that the city council may from time to time order by amendments to the zoning ordinance and map.

(Ord. No. 1344, § 1, 10-18-2012)

Where uncertainty exists with respect to the boundaries of the various districts, as shown on the map accompanying and made a part of this title, the following rules shall apply:

A.

The district boundaries are either streets, alleys, creeks, pipe lines, electric transmission lines, railroads, or other natural or manmade features not likely to change, unless otherwise shown, and where the districts designated on the map accompanying and made a part of this title are bounded approximately by street or alley lines, said street or alley shall be construed to be the boundary of such district.

B.

Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the districts designated on the map accompanying and made a part of this title are bounded approximately by lot lines, said lot line shall be construed to be the boundary of such districts unless said boundaries are otherwise indicated on the map.

C.

On unsubdivided property, the district boundary lines on the map accompanying and made a part of this title shall be determined by use of the scale contained on such map, unless dimensions are shown.

(Ord. No. 1344, § 1, 10-18-2012)

All territory hereafter annexed into the City of Benbrook, Texas, shall be classified as "SD" suburban district, until permanently zoned by the city council of the City of Benbrook. The planning and zoning commission may, after annexation of any territory into the City of Benbrook, institute proceedings on its own motion to give newly annexed territory a permanent zoning, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations.

(Ord. No. 1344, § 1, 10-18-2012)

A.

Basis for Classifications. Use categories classify land uses and activities into use categories based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. The use categories provide a systematic basis for assigning present and future land uses into appropriate zoning districts.

1.

Principal Uses. Principal uses are assigned to the category that most closely describes the nature of the principal use. The "characteristics" subsection of each use category describes the common characteristic of each principal use.

a.

Development with Multiple Principal Uses. When all principal uses of a development fall within one use category, the entire development is assigned to that use category. A development that contains a coffee shop, bookstore, and bakery, for example, would be classified in the retail sales and services category because all of the development's principal uses are in that category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable category and each use is subject to all applicable regulations for that category.

b.

Accessory Uses. Accessory uses are allowed by-right in conjunction with a principle use, unless otherwise stated in the regulations. Also, unless otherwise stated, accessory uses are subject to the same regulations as the principal use. Common accessory uses are listed as examples in the use category descriptions.

c.

Use of Examples. The "examples" subsection of each use category lists common examples of uses included in the respective use category. The names of these sample uses are generic. They are based on common meanings and not on what a specific use may call itself. For example, a use that calls itself "wholesale warehouse," but that sells mostly to consumers, is included in the retail sales and services category rather than the wholesale sales category. This is because the actual activity on the site matched the description of the retail sales and services category.

B.

Restricted Uses. The city council may identify unique uses to be regulated separately from their related general use categories. The following uses are identified separately from the general use categories and listed within the use charts:

1.

Auto sales and rental; retail sales and service—Commercial uses.

2.

Batting cages, outdoor; recreation and entertainment, outdoor—Commercial uses.

3.

Convalescent home; group living—Residential uses.

4.

Carwash; vehicle, service limited—Commercial uses.

5.

Crematories; retail sales and service—Commercial uses.

6.

Driving range, outdoor; recreation and entertainment, outdoor—Commercial uses.

7.

Farm implement sales and service; retail sales and service—Commercial uses.

8.

Food truck park; retail sales and services—Commercial uses.

9.

Frozen food lockers; warehouse and freight movement—Commercial uses.

10.

Gaming club; retail sales and services—Commercial uses.

11.

Government installations; office or safety services or community services—Institutional uses.

12.

Landfill; waste-related—Industrial uses.

13.

Miniature golf, outdoor; recreation and entertainment, outdoor—Commercial uses.

14.

Office, temporary residential sales; office—Commercial uses.

15.

Printing services; manufacturing and production—Industrial uses.

16.

RV camping; retail sales and services—Commercial uses.

17.

RV storage; retail sales and services—Commercial uses.

18.

Sexually oriented business; retail sales and services—Commercial uses.

19.

Skating rinks, outdoor; recreation and entertainment, outdoor—Commercial uses.

C.

Similar Use Interpretation Criteria. The following considerations shall be used in making similar use interpretations:

1.

The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category;

2.

The relative amount of site area or floor space and equipment devoted to the activity;

3.

Relative amounts of sales from each activity;

4.

The customer type for each activity (retail or wholesale);

5.

The relative number of employees in each activity;

6.

Hours of operation;

7.

Building and site arrangement;

8.

Vehicles used with the activity;

9.

The relative number of vehicle trips generated by the use; and

10.

How the use advertises itself.

D.

Residential Use Categories.

1.

Group Living.

a.

Characteristics. Group living is characterized by the residential occupancy of a structure by a group of people who do not meet the definition of household living. The size of the group may be larger than the average size of a household. Tenancy is arranged on a monthly or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential. They are considered to be a form of transient lodging (see retail sales and service and community service categories). Generally, group living structures have a common eating area for residents. The residents may receive care, training, or treatment, as long as the care givers also reside at the site.

2.

Household Living.

a.

Characteristics. Household living is characterized by the residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential. They are considered to be a form of transient lodging (see the retail sales and service and community service categories).

b.

Accessory Uses. Accessory uses commonly associated with household living are recreational activities, raising of pets, hobbies, and parking of the occupants' vehicles. Home occupations are accessory uses but are subject to additional regulations (See Section 17.84.160).

c.

Examples. Uses include living in single, two, three, and four family dwelling units, or other multi-dwelling structures, retirement center apartments, and manufactured housing.

d.

Exceptions.

(1)

Hotels, motels.

(2)

Nursing homes, etc., are classified as convalescent homes.

E.

Commercial Use Categories.

1.

Amusement arcade, indoor.

a.

Characteristics. Indoor amusement arcade is a building or part of a building in which pinball machines, video games, amusement machines, or other similar player-operated amusement devices are present and maintained as a primary use. For the purpose of this definition, "primary use" means fifty-one percent or more of the gross floor area of the portion of the tenant space being used.

b.

Accessory Uses. Accessory uses include retail sales of food and beverage, offices and parking.

c.

Examples. Examples include video game arcades, billiard halls and other amusement centers with coin-operated amusement machines, which means any machine or device of any kind or character that is operated by or with coins, metal slugs, tokens, monetary bills, or checks when such machine dispenses or is used or is capable of being used or operated for amusement or pleasure, or when such machine is operated for the purpose of dispensing or affording skill or pleasure. An amusement machine pursuant to this definition is the same as a skill or pleasure coin-operated machine pursuant to the Texas Revised Civil Statutes, Title 132, Chapter 8, Section 8801(5), as amended. An amusement machine shall also include any billiard table operated for profit, whether operated by or with coins, metal slugs, tokens, monetary bills, or checks inserted into the machine or paid to an attendant.

d.

Exceptions.

(1)

Does not include a bowling alley, skating rinks, or batting cages.

(2)

Does not include the dispensing or vending of merchandise or music, or service as defined by Texas Revised Civil Statutes, Title 132, Chapter 8 Section 8801 et seq., as amended.

2.

Office.

a.

Characteristics. Office uses are characterized by activities conducted in an office setting and generally focusing on business, professional, medical, or financial services.

b.

Accessory Uses. Accessory uses may include cafeterias, health facilities, parking, or other amenities primarily for the use of employees in the firm or building.

c.

Examples. Examples include professional services such as lawyers, accountants, engineers, or architects; financial businesses such as lenders, brokerage firms, bank headquarters, or real estate agents; data processing; sales offices; TV and radio studios; medical and dental clinics, medical and dental labs; and blood-collection facilities.

d.

Exceptions.

(1)

Offices that are part of and located with a principal use in another category are considered accessory to the firm's primary activity. Headquarters offices, when in conjunction with or adjacent to a principal use in another category, are considered part of the other category.

(2)

Contractors and others who perform services off-site are included in the office category if equipment and materials are not stored on the site and fabrication, services, or similar work is not carried on at the site.

3.

Parking, Commercial.

a.

Characteristics. Commercial parking facilities provide parking that is not an accessory to a principal use. A fee may or may not be charged. A facility that provides both accessory parking for a principal use and regular fee parking for people not connected to the use is also classified as a commercial parking facility.

b.

Accessory Use. Attendant facilities.

c.

Examples. Examples include short-term and long-term fee parking facilities and mixed parking lots (partially accessory to a principal use, partly for rent to others).

d.

Exceptions.

(1)

Parking facilities that are accessory to a use, but that charge the public to park for occasional event nearby, are not considered commercial parking facilities.

(2)

Parking facilities that are accessory to a principal use are not considered commercial parking uses, even if the operator leases the facility to the principal use or charges a fee to the individuals who park in the facility.

(3)

Public transit park-and-ride facilities are classified as basic utilities.

4.

Recreation and Entertainment, Outdoor.

a.

Characteristics. Outdoor recreation and entertainment uses are large, generally commercial, uses that provide continuous recreation or entertainment-oriented activities. They primarily take place outdoors. They may take place in a number of structures that are arranged together in an outdoor setting.

b.

Accessory Uses. Accessory uses may include concessions, parking, and maintenance facilities.

c.

Examples. Examples include amusement parks; theme parks; and zoos.

d.

Exceptions.

(1)

Golf courses are classified as parks and open space.

5.

Retail Sales and Service.

a.

Characteristics. Retail sales and service firms are involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods.

b.

Accessory Uses. Accessory uses may include offices; storage of goods; assembly or repackaging of goods primarily for on-site retail sale; processing of food primarily for the on-site retail sale and parking.

c.

Examples. Examples include uses from the four following groups:

(1)

Sales-oriented. Stores selling, leasing, or renting consumer home and business goods including art, art supplies, bicycles, clothing, dry goods, electronic equipment, fabric, furniture, garden supplies, gifts, groceries, hardware, home improvements, household products, jewelry, pets, pet food, pharmaceuticals, plants, printed material, and stationary; food sales, and sales or leasing of consumer vehicles, including passenger vehicles, motorcycles, light and medium trucks and other recreational vehicles.

(2)

Personal Service-Oriented. Branch banks; emergency medical care; laundry facilities; photographic studios; photocopy and printing services; hair, tanning, and personal care services; martial arts and other trade schools; dance or music classes; taxidermist; mortuaries; veterinarians; and animal grooming.

(3)

Entertainment-Oriented. Restaurants, cafes, delicatessens, bars and taverns; indoor continuous entertainment activities such as bowling alleys, ice rinks and game arcades; pool halls; dance halls; indoor shooting ranges; theaters, health clubs, gyms, membership clubs and lodges; hotels, motels, recreational vehicle parks and other temporary lodging with the length of stay being less than thirty days.

(4)

Repair-Oriented. Repair of electronics, bicycles, clocks, watches, shoes, guns, appliances and office equipment; tailor; locksmith; and upholsterer.

d.

Exceptions.

(1)

Lumber yards and other building material sales that sell primarily to contractors and do not have a retail orientation are classified as Wholesale Sales.

(2)

Repair and service of consumer motor vehicles, motorcycles and light and medium trucks is classified as vehicle repair. Repair and service of industrial vehicles and equipment and heavy trucks is classified as industrial service.

(3)

Sales, rental or leasing of heavy trucks and equipment or manufactured housing units are classified as wholesale sales.

(4)

Hotels, restaurants and other services that are part of a truck stop are considered accessory to the truck stop which is classified as industrial service.

(5)

In certain situations, hotels and motels may be classified as a community service use, such as short-term housing or mass shelter. See "community services."

7.

Self-Service Storage.

a.

Characteristics. Self-service storage uses provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property.

b.

Accessory Uses. Accessory uses may include living quarters for a resident manager or security and leasing offices. Uses of the storage areas for sales, service and repair operations, or manufacturing is not considered accessory to the self-service storage use. The rental of trucks or equipment is also not considered accessory to a self-service storage use.

c.

Examples. Examples include facilities that provide individual storage areas for rent. These uses are also called mini-warehouses.

d.

Exceptions.

(1)

A transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred is in the warehouse and freight movement category.

8.

Vehicle Repair.

a.

Characteristics. Vehicle repair firms service passenger vehicles, light and medium trucks and other consumer motor vehicles such as motorcycles, boats and recreational vehicles. Generally, the customer does not wait at the site while the service or repair is being performed.

b.

Accessory Uses. Accessory uses may include offices, sales of parts for on-site installation, and vehicle storage.

c.

Examples. Examples include vehicle repair; transmission, engine, auto body, alignment, or auto upholstery shops.

d.

Exceptions. Repair and service of industrial vehicles and equipment and of heavy trucks; towing and vehicle storage; and vehicle wrecking and salvage are classified as industrial service.

9.

Vehicle Service, Limited.

a.

Characteristics. Limited vehicle service uses provide direct services to motor vehicles were the driver or passengers generally wait in the car or nearby while the service is performed.

b.

Accessory Uses. Accessory uses may include auto repair and tire sales.

c.

Examples. Examples include full-service, mini-service and self-service gas stations; car washes; quick lubrication services; muffler shop; and tire sales and mounting

d.

Exceptions.

(1)

Truck stops are classified as industrial service.

(2)

Refueling facilities for vehicles that belong to a specific use (fleet vehicles) are considered accessory uses if they are located on the site of a principal use.

F.

Commerce Use Categories.

1.

Warehouse and freight movement.

a.

Characteristics. Warehouse and freight movement firms are involved in the storage, or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present.

b.

Accessory Uses. Accessory uses may include offices, truck fleet parking or storage and maintenance areas.

c.

Examples. Examples include separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; major wholesale distribution centers; truck, or air freight terminals; bus barns; parcel services; major post offices; and grain terminals.

d.

Exceptions.

(1)

Uses that involve the transfer or storage of solid or liquid wastes are classified as waste-related uses.

(2)

Mini-warehouses are classified as self-service storage uses.

2.

Wholesale Sales.

a.

Characteristics. Wholesale sales firms are involved in the sale of products directly to retail businesses. The uses emphasize on-site sales or order taking and often include display areas. Business may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on-site or delivered to the customer.

b.

Accessory Uses. Accessory uses may include offices, product repair, warehouses, parking, minor assembly services and repackaging of goods.

c.

Examples. Examples include sale of machinery, equipment, heavy trucks, building materials, special trade tools; welding supplies; machine parts; electrical supplies; janitorial supplies; restaurant equipment and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, and building hardware.

d.

Exceptions.

(1)

Firms that engage primarily in sales to the general public or on a membership basis are classified as retail sales and service.

(2)

Firms that are primarily storing goods with little on-site sales are classified as warehouse and freight movement.

G.

Industrial Use Categories.

1.

Industrial Service.

a.

Characteristics. Industrial service firms are engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractor and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site.

b.

Accessory Uses. Accessory activities may include offices, parking and storage.

c.

Examples. Examples include welding shops; machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; sales, repair, storage, salvage or wrecking of heavy machinery, metal and building material; towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair; tire retreading or recapping; operations; janitorial and building maintenance services; fuel oil distributors; solid fuel yards; above ground tanks used for the storage or dispensing of petroleum products; research and development laboratories; and photo finishing laboratories; and the stockpiling of sand, gravel, or other aggregate materials.

d.

Exceptions.

(1)

Contractors and others who perform services off-site are included in the Office category, if major equipment and materials are not stored at the site and fabrication, or similar work is not performed at the site.

(2)

Hotels, restaurants and other services that are part of a truck stop are considered accessory to the truck stop.

2.

Manufacturing and Production.

a.

Characteristics. Manufacturing and production firms are involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, man-made, raw, secondary, or partially completed materials may be uses. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site.

b.

Accessory Uses. Accessory activities may include offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, and truck fleets.

c.

Examples. Examples include processing of food and related products for wholesale; slaughter houses and meat packing; weaving or production of textiles or apparel; lumber mills, pulp and paper mills and other wood products manufacturing; woodworking, including cabinet makers; production of chemicals, rubber, leather, clay, bone, plastic, stone, or glass materials or products; printing, publishing and lithography; movie production facilities; production of fabrication of metals or metal products, instruments (including musical instruments), vehicles, appliances, precision items and other electrical items; production of artwork and toys; sign making; and production of prefabricated structures, including mobile homes.

d.

Exceptions.

(1)

Manufacturing of goods to be sold primarily on-site and to the general public are classified as retail sales and service.

(2)

Processing of food primarily for on-site retail sales, such as a bakery or butcher within a retail store, is classified as retail sales and services.

(3)

Manufacturing and production of goods from composting organic material is classified as waste-related uses.

3.

Waste-Related.

a.

Characteristics. Characterized by uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material.

H.

Institutional and civic use categories.

1.

Colleges.

a.

Characteristics. This category includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree. Colleges tend to be in campus-like setting or on multiple blocks.

b.

Accessory Uses. Accessory uses include offices, housing for students, food service, laboratories, health and sports facilities, theaters, meeting areas, parking, maintenance facilities and supporting commercial activities.

c.

Examples. Examples include universities, liberal arts colleges, community colleges, nursing and medical schools not accessory to health care facilities and seminaries.

d.

Exceptions. Trade schools are classified as retail sales and service.

2.

Community Services.

a.

Characteristics. Community services are uses of a public, nonprofit, or charitable nature generally providing a local service to people of the community. Generally, they provide the service on-site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities that have membership provisions are open to the general public to join at any time, (for instance, any senior citizen could join a senior center). The use may provide special counseling, education, or training of a public, nonprofit or charitable nature.

b.

Accessory Uses. Accessory uses may include offices; meeting areas; food preparation areas; parking; health and therapy areas; and athletic facilities.

c.

Examples. Examples include libraries, museums, senior centers, community centers, publicly owned swimming pools, youth club facilities, hospices, social services facilities, temporary shelters, vocational training for persons with physical or mental disabilities, park-and-ride facilities for mass transit, cemeteries and mausoleums.

d.

Exceptions.

(1)

Private lodges, clubs and private or commercial athletic or health clubs are classified as retail sales and service. Commercial museums are classified as retail sales and service.

(2)

Parks are classified as parks and open areas.

(3)

Uses where tenancy is arranged on a month-to month basis or for a longer period are residential and are classified as household or group living.

(4)

Bus barns are classified as warehouse and freight movement.

3.

Day Care.

a.

Characteristics. Day care uses provide care, protection and supervision for children or adults on a regular basis away from their primary residence for less than twenty-four hours per day.

b.

Accessory Uses. Accessory uses include offices, recreation areas, and parking.

c.

Examples. Examples include preschools, child care centers, nursery schools, latch key programs and adult day care programs.

d.

Exceptions.

(1)

Day care does not include public or private schools or facilities operation in connection with an employment use, shopping center or other principal use, where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity.

4.

Health Care Facilities.

a.

Characteristics. Health care facilities include uses providing medical or surgical care to patients and offering overnight care.

b.

Accessory Uses. Accessory uses include out-patient clinics, offices, and laboratories, teaching facilities, meeting areas, cafeterias, parking, maintenance facilities and housing facilities for staff or trainees.

c.

Examples. Examples include medical centers and hospitals.

d.

Exceptions.

(1)

Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients are residents of the program, are classified in the group living category

(2)

Medical clinics or offices that provide care where patients are generally not kept overnight are classified as offices.

5.

Parks and Open Areas.

a.

Characteristics. Parks and open areas are uses of land focusing on natural areas, large areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures.

b.

Accessory Uses. Accessory uses may include club houses; maintenance facilities and caretaker's quarters; concessions; and parking.

c.

Examples. Examples include parks, golf courses, public squares, plazas, recreational trails, botanical gardens, nature preserves, and land used for grazing that is not part of a farm or ranch.

d.

Exceptions.

(1)

Outdoor driving ranges and outdoor miniature golf courses are classified in the golf driving range, outdoor and miniature golf, outdoor categories.

6.

Religious Institutions.

a.

Characteristics. Religious institutions primarily provide meeting areas for religious worship services and activities.

b.

Accessory Uses. Accessory uses include Sunday school facilities; preschools and day cares for children or adults while parents or guardians are occupied on the premises or in the immediate vicinity, parking, caretaker's housing, and group living facilities such as convents.

c.

Examples. Examples include churches, temples, synagogues and mosques.

d.

Exceptions. Schools are classified as schools.

7.

Safety Services.

a.

Characteristics. Safety services are uses that provide public safety and emergency response services. They often need to be located in or near the area where the service is provided. Employees are regularly present on-site.

b.

Accessory Uses. Accessory uses include offices and parking.

c.

Examples. Examples include fire station, police stations and emergency medical and ambulance stations.

8.

Schools.

a.

Characteristics. This category includes public and private schools at the primary, elementary, middle, junior high, or high school level that provide state-mandated basic education.

b.

Accessory Uses. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums and before or after-school day care.

c.

Examples. Examples include public and private daytime schools, boarding schools and military academics.

d.

Exceptions.

(1)

Preschools are classified as day care uses.

(2)

Trade schools are classified as retail sales and service.

9.

Utilities, Basic.

a.

Characteristics. Basic utilities are infrastructure services that need to be located in or near the area where the service is provided. These uses generally do not regularly have employees at the site. Services may be public or privately provided.

b.

Accessory Uses. Accessory uses may include parking and control, monitoring, data or transmission equipment.

c.

Examples. Examples include water and sewage pump stations; electrical substations; water towers and reservoirs; stormwater retention and detention facilities; and recycling collection centers.

d.

Exceptions.

(1)

Services where people are generally present are classified as community services.

(2)

Utility offices where employees or customers are generally present are classified as offices.

e.

Additional Regulations.

(1)

Concerning minor and major expansions of public utility facilities: Existing public utility facilities in place on the effective date of the ordinance from which this section derives shall be deemed a conforming principle use and will allow for minor expansions only. Minor expansions shall be defined as increases or additions to the size of buildings, structures, driveways, parking areas, or other impervious area, cumulatively, up to thirty percent of the original construction. A new accessory building at an existing public utility facility that does not increase the total existing building footprint of the site by more than thirty percent, cumulatively, shall be allowed, subject to the development requirements of this chapter. Major expansions to installations which are necessary for the furnishing of public utility services shall be considered expansions of existing public utility facilities by more than thirty percent, cumulatively.

I.

Other Use Categories.

1.

Agriculture.

a.

Characteristics. Agriculture includes activities that primarily involve the raising, producing or keeping plants or animals. See Section 17.84.080 for performance standards concerning animal lots and stables.

b.

Accessory Uses. Accessory uses include dwellings for proprietors and employees of the use and animal training.

c.

Examples. Examples include breeding or raising of fish, fowl or other animals; dairy farms; stables; riding academies; farming, forestry, tree farming; and wholesale plant nurseries.

d.

Exceptions.

(1)

Uses involved in the processing of animal or plant products are classified as manufacturing and production.

(2)

Livestock auctions are classified as wholesale sales.

(3)

Plant nurseries that are oriented to retail sales are classified as retail sales and service.

e.

Additional Primary and Accessory Use Regulations.

(1)

Animal lots for pasturing of horses, mules, cattle, sheep, goats, poultry, or rabbits: when more than ten acres are available. Not more than one horse may be kept per acre available for grazing for the first two acres, and one horse per five acres thereafter. No more than one animal unit other than horses may be kept per five acres available for grazing. In calculating the number of animals allowed, horses and other animals shall not be double-counted, i.e. one horse or one cow per five acres. Ratites (emus, ostriches) are prohibited. (See also the requirements in Section 17.84.080.)

(2)

Animal lots for pasturing of horses, mules, cattle, sheep, goats, poultry or rabbits, when less than ten acres are available. No more than one horse may be kept per acre, nor one animal unit other than horses per five acres. Ratites (emus, ostriches) are prohibited. (See also the requirements in Section 17.84.080.)

(3)

Farms, orchards, truck gardens, nurseries for the growing of plants and similar agrarian activities, involving the growing of plants, provided that no operation shall be conducted which will be obnoxious or offensive. Applies to the "SD" district; classified as farm crop production.

(4)

Farms, truck gardens, orchards or nurseries for the growing of plants, shrubs and trees, provided no retail or wholesale business sales offices are maintained on the premises, and provided that no obnoxious fertilizer is stored upon the premises, and no obnoxious soil or fertilizer processing is conducted thereon. Applies to the "RE", "A", "B", and "BR" districts; classified as farm crop production.

(5)

Commercial barn or stable or riding arena, subject to the requirements of Section 17.84.080.

(6)

Private barn or stable, subject to the requirements of Section 17.84.080. Applies to "RE" district; classified as animal confinements.

(7)

Private barn or stable, in accordance with the requirements of Section 17.84.080 when more than ten acres are available and the barn/stable is located no closer than one hundred fifty feet from a property line. Applies to all districts except, "SD," "RE," and "MU" districts; classified as animal confinements.

2.

Detention Facilities.

a.

Characteristics. Detention facilities includes facilities for the judicially required detention or incarceration of people. Inmates and detainees are under twenty-four-hour supervision by sworn officers.

3.

Telecommunication Facilities.

a.

Characteristics. Telecommunications facilities includes all devices, equipment, machinery, structures or supporting elements necessary for the transmission of signs, signals, messages, words, writings, images and sounds or information of any nature by wire, radio, optical or electromagnetic systems. Facilities may be self-supporting, guyed, mounted on poles or other structures, light posts, power poles, or buildings. Facilities may also include interconnection translators, connections for over-the-air to cable, fiber optic, or other landline transmission system. See Section 17.84.090 for performance standards and other regulations.

b.

Accessory Uses. Accessory uses may include transmitter facility buildings.

c.

Examples. Examples include broadcast towers, attached telecommunications facilities.

d.

Exceptions.

(1)

Radio and television studios are classified in the office category.

(2)

Radio and television broadcast facilities that are public safety facilities are classified as basic utilities.

(3)

Amateur radio facilities that are owned and operation by a federally licensed amateur radio station operator are not included in this category.

e.

Additional Regulations.

(1)

Antennae and towers not exceeding the maximum height allowed in the district, antennae attached to existing structures and not increasing the overall height of the existing structure by more than ten feet, and dish antennae not exceeding one meter in diameter. Except for satellite dish antennae, no antennae or support structure shall be located within the required front, side or rear yard setback. To protect traffic safety and community appearance, no satellite dish antennae or support structure shall be located within the required front or second front yard setback, unless the zoning board of adjustment finds that such an encroachment is necessary to prevent impairment of installation, maintenance or reception and that a traffic sight restriction is not created.

(2)

Antennae and towers exceeding the maximum height in the district and dish antennae exceeding one meter in diameter, in order to protect community appearance from the negative visual effects of proliferation of large antennae. Conditional use permits shall be acted upon within ninety days of receipt of application. Persons aggrieved by a decision on a satellite dish antenna application may appeal to the Federal Communications Commission. Any new towers must also comply with the conditions of Section 17.84.090.

(Ord. No. 1433, § 1, 11-1-2018; Ord. No. 1475, § 2, 11-4-2021)

Editor's note— Ord. No. 1433, § 1, adopted Nov. 1, 2018, repealed the former § 17.20.060, and enacted a new § 17.20.060 as set out herein. The former § 17.20.060 pertained to new uses and derived from Ord. No. 1344, § 1, adopted Oct. 18, 2012.

The uses allowable in each district are summarized in Table 17.20.070.

(Ord. No. 1344, § 1, 10-18-2012; Ord. No. 1347, § 1, 6-6-2013; Ord. No. 1348, § 3, 7-18-2013; Ord. No. 1393, § 3, 1-21-2016; Ord. No. 1398, § 2, 8-18-2016; Ord. No. 1433, § 1, 11-1-2018; Ord. No. 1475, § 3, 11-4-2021; Ord. No. 1487, §§ 1—3, 2-16-2023)