Brownfield City Zoning Code
ARTICLE 4
Specific Use Standards
§ 401 Accessory Uses and Structures.
Principal uses classified as allowed uses by the district regulations of this Zoning Ordinance shall be deemed to include accessory uses and activities that are customarily associated with, as well as appropriate, incidental and subordinate to allowed principal uses. Accessory uses and activities shall be subject to the same regulations as principal uses unless otherwise expressly stated.
A.
Accessory Buildings or Structures.
1.
Setbacks.
An accessory building may be detached from the principal building, or constructed such that it is physically attached to the principal building.
a.
An accessory building attached to a principal building, or located within 10 feet of a principal building, shall be considered integral to the principal building, and shall meet the same minimum side and rear setback requirements as the principal building.
b.
Except for those carports allowed in Sec. 513, no accessory building, either attached or detached, shall be allowed within the minimum front yard required on the lot.
c.
An accessory building that is detached from the principal building, or attached with only a breezeway, shall be allowed to extend into the required side or rear yard as follows:
2.
Size.
A maximum accessory building floor area of 600 square feet or 50 percent of the floor area of the principal building, whichever is greater, shall be permitted on any residential lot. Bona fide farm and agricultural buildings shall be exempt from this requirement.
3.
Prohibited Structures.
Shipping crates, railroad cars, truck or bus bodies and other similar containers shall not be used as accessory buildings in any residential district.
B.
Satellite Dish Antennas in Nonresidential Districts.
Satellite dish antennas in nonresidential districts shall meet the following conditions for installation.
1.
All permanent installations shall require a building permit, shall be installed according to the manufacturer’s requirements and shall meet appropriate building setbacks.
2.
All antennas, whether for sales and service or for permanent installation, shall be located in a manner that will not interfere with pedestrian or vehicular movement, shall not be a visual obstruction to traffic, and will not eliminate off-street parking spaces required by this Zoning Ordinance.
C.
Satellite Dish Antennas in Residential Districts.
Satellite dish antennas in residential districts shall meet the following conditions for installation.
(Ordinance 1858 adopted 8/16/01)
§ 402 Adult Entertainment Enterprise/Sexually Oriented Businesses.
A.
Location.
All structures housing adult entertainment enterprises shall be located as follows.
1.
At least 1000 feet from the property boundary line of any lot used for church purposes, or any lot occupied by a public or private school having a curriculum equivalent to an elementary or secondary school (including outdoor athletic and recreation facilities directly associated with such a school).
2.
At least 1000 feet from another structure housing an adult entertainment enterprise.
3.
At least 500 feet from the boundary line of any residentially zoned lot or any lot or tract used for public park purposes.
B.
Measurements.
1.
Measurements for determining the distances described above are to be measured in a straight line in all directions from the structure housing the adult entertainment enterprise to the nearest property line of any lot in a residentially zoned district, or any lot used for church or school, or any public park, or to any structure housing another adult entertainment enterprise.
2.
The measurements for a structure shall be taken from the furthest point that a structure extends in any direction, including overhanging roofs and all other projections or portions of said structure.
3.
Should the adult entertainment enterprise be located in conjunction with other buildings in a manner where the adult entertainment enterprise is clearly separated from other portions of the structure (for example, an adult bookstore in a shopping center), the adult entertainment enterprise structure’s measurements shall be taken from the boundaries of the space in which the adult entertainment enterprise is housed or confined (not the entire shopping center, motel, or other such structure).
4.
Should the adult entertainment enterprise be located in conjunction with other buildings in a manner where the adult entertainment enterprise is situated above the ground level of a multi-story structure and is clearly separate from other activities within the structure (for example, an adult bookstore on an upper level of an office tower or hotel), the adult entertainment enterprise measurements shall be taken from the nearest entry to that portion of the structure housing the adult bookstore, thence to the nearest point of egress (elevator or stairs), thence to the nearest ground floor exit, thence in a straight line to the nearest point on any lot in a residential district, or any lot or tract used for church, school or public park purposes, and to any structure housing another adult entertainment enterprise.
C.
Compliance Review.
Any person wishing to establish an adult entertainment enterprise must submit a site plan to the Building Inspector setting out the dimensions and specific location of the adult entertainment enterprise in relation to lot boundaries, in addition to a signed and notarized statement certifying the proposed adult entertainment enterprise (represented on the accompanying site plan) complies with the location requirements set forth above. It shall be the responsibility of said applicant to provide the site plan and assure compliance with the location requirements of this Section. The applicant’s submission of this site plan and certification shall signify initiation of the review process. The Building Inspector shall have no more than 30 days to review the site plan and cite, in writing, any potential violations of provisions of this Zoning Ordinance.
D.
Non-Enlargement and Priority By Time.
If two or more adult entertainment enterprises are within 1000 feet of one another and otherwise in a permissible location, the adult entertainment enterprise which was first established and continually operating at a particular location is the conforming use, and the later established business is nonconforming. Such nonconforming use shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.
E.
Expansion of Neighbors.
An adult entertainment enterprise lawfully operating as a conforming use after adoption of this Zoning Ordinance is not rendered a nonconforming use by the location of a church, school, public park, or residentially zoned lot established after approval of the adult entertainment enterprise.
F.
Exemption from Location Requirements.
1.
In the event an owner of an existing or proposed adult entertainment enterprise wishes to claim an exemption from the provisions of this Section, the owner shall make application for a location exemption from the requirements of this Section.
2.
The City Council shall grant an exemption from the location restrictions, only if it makes all of the following findings:
a.
that the location of the adult entertainment enterprise will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;
b.
that the granting of the exemption will not violate the spirit and intent of this Zoning Ordinance;
c.
that the location of the adult entertainment enterprise will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;
d.
that the location of adult entertainment enterprise will not be contrary to any program of neighborhood conservation, nor will it interfere with any urban renewal or restoration efforts; and
e.
that all other applicable provisions of this Zoning Ordinance will be observed.
3.
If an exemption is denied by the City Council, the applicant may seek prompt judicial review of such action in any court of competent jurisdiction.
4.
If the City Council grants an exemption, the exemption is valid for one year from the date of the City Council’s action. Upon the expiration of an exemption, an adult entertainment enterprise will be in violation of the location restrictions of this Section and the nonconforming use shall be illegal and shall terminate, unless the applicant applies for and receives another exemption. Such application shall be made with the Brownfield City Clerk at least 60 days prior to the expiration of the exemption.
5.
The grant of an exemption does not exempt the applicant from any provisions of this Zoning Ordinance, other than the location restrictions of this Section.
G.
Appeal of Administrative Determinations.
If existing or potential violations of any provisions of this Section are cited by the Building Inspector, the person wishing to establish an adult entertainment enterprise shall have the right to appeal such interpretation to the Zoning Board of Adjustment which shall hear the case within 45 days of the appeal. The Board shall render its decision at or before the conclusion of the meeting. If the Zoning Board of Adjustment upholds the Building Inspector’s interpretation of potential violations, the person may seek prompt judicial review of such action in any court of competent jurisdiction. The action shall be promptly reviewed by the court.
(Ordinance 1858 adopted 8/16/01)
§ 403 Alcoholic Beverage Sales.
A.
Location.
1.
The retail sale of alcoholic beverages for on-premises consumption shall always be considered a principal use. Such establishments may be located on the same lot or in the same building occupied by another principal use such as a restaurant or hotel if the use meets the requirements for the type of alcohol sales allowed in that district.
2.
The sale of beer, wine or liquor is prohibited in the residential zones of the City. Beer may only be sold during the hours of 10:00 a.m. until midnight.
3.
The sale of alcoholic beverages for off-premises consumption is prohibited by a dealer whose place of business is within 300 feet of a church, public or private school or public hospital.
B.
Measurements.
1.
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 front door to front door, and in direct line across intersections. 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 the permit or license holder is located on or above the fifth story of a multistory 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 on which the permit or license holder is located.
Section 403(c) [sic] does not apply to: | |
1. | an alcohol permit sales holder who also holds a food and beverage certificate who is located within 300 feet of a private school |
2. | a alcohol permittee whose premises prohibits minors from entering pursuant to Section 109.53 of the Texas Alcoholic Beverage Code who is located within 300 feet of a private school. |
(Ordinance 1984 adopted 11/6/08)
§ 404 Auto and Truck Sales.
No outdoor speakers used in conjunction with the sales of cars or trucks are permitted within 500 feet of any residential zoning district or any lot or tract of land occupied by a residential use.
(Ordinance 1858 adopted 8/16/01)
§ 405 Bed and Breakfast Establishments.
A Bed and Breakfast may be allowed as a special use in residential zoning districts where transient lodging is not ordinarily allowed, subject to the following standards.
1.
The operator of the Bed and Breakfast is a full-time resident of the dwelling in which the Bed and Breakfast establishment is housed.
2.
No more than one person who is not a full-time resident of the dwelling shall be employed by the Bed and Breakfast establishment.
3.
A minimum of two off-street parking spaces, plus one additional space per guest room, shall be provided on the same lot or tract of land as the Bed and Breakfast establishment.
4.
A maximum of four guest rooms shall be provided in any one Bed and Breakfast establishment.
5.
No exterior evidence of the Bed and Breakfast shall be allowed, except for one attached sign no larger than twelve square feet.
6.
No food preparation, except beverages, is allowed within individual guest rooms. Meal service shall be provided to overnight guests only.
7.
Preparation and service of food for guests shall conform to all applicable regulations of the State of Texas and the City of Brownfield.
8.
The resident operator shall keep a current guest register including names, permanent addresses, dates of occupancy and motor vehicle license numbers for all guests.
9.
In approving a special use allowing any Bed and Breakfast in R-1, R-2 or R-3 zoning districts, City Council shall make a finding that the subject site shall be located in a transitional area. For the purpose of this paragraph, a transitional area shall be:
a.
An area situated between land uses of different intensity and compatibility, and which is impacted by its proximity to one or more such uses; or
b.
An area situated on the boundary of a residential district adjacent to a more intensive zoning classification; or
c.
An area situated adjacent to an arterial street.
(Ordinance 1858 adopted 8/16/01)
§ 406 Community Homes.
To qualify as a community home allowable as either Household Living or Group Living, a residence must conform to all standards of this Section.
1.
A Community Home must be:
a.
a community-based residential home operated by:
i.
the Texas Department of Mental Health and Mental Retardation,
ii.
community center organized under Subchapter A, Chapter 534, Health and Safety Code, that provides services to persons with disabilities,
iii.
an entity subject to the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon’s Texas Civil Statutes), or
iv.
an entity certified by the Texas Department of Human Services as a provider under the medical assistance program serving persons in intermediate care facilities for persons with mental retardation; or
b.
a personal care facility licensed under Chapter 247, Health and Safety Code, provided that the exterior structure retains compatibility with surrounding residential buildings. See Section 123.004 in the Texas Human Relations Code.
3.
Not more than six persons with disabilities (as defined in this Zoning Ordinance) and two supervisors may reside in a community home at the same time. The limitation or number of persons with disabilities applies regardless of the legal relationship of those persons to one another.
4.
A Community Home must meet all applicable licensing requirements.
5.
A Community Home shall not be established within one half mile of an existing Community Home.
6.
The residents of a Community Home shall not keep for the use of residents of the home, either on the premises or on a public right-of-way adjacent to that home, motor vehicles in numbers exceeding the number of bedrooms in that home.
(Ordinance 1858 adopted 8/16/01)
§ 407 Firearms Range.
line, provided the posts, bases and other supporting structures are set back a minimum of 20 feet from the property line where the pump island is not situated parallel to the public [sic] In all except M-L and M-H Districts, the following limitations shall apply to operation of firearms ranges:
1.
Firearms ranges shall be completely enclosed within a building.
2.
Any noise emanating from discharge of firearms shall not be audible beyond the boundaries of the lot or tract of land where the firearms range is located.
(Ordinance 1858 adopted 8/16/01)
§ 408 Game Hall (Video Arcade, Bingo, Billiard/Pool Hall).
No Game Hall shall be allowed within 500 feet of a lot or tract of land occupied by any building used for a public or private school offering a curriculum equivalent to an elementary or secondary school.
(Ordinance 1858 adopted 8/16/01)
§ 409 Gasoline Pump Island Canopies.
A.
Parallel to the Public Right-of-Way.
Gasoline pump island canopies that are not connected to another structure may extend to the property line, provided the posts, poles, bases and other supporting structures are set back a minimum of 12 feet from the property line where the pump island is situated parallel to the public right-of-way.
B.
Not Parallel to the Public Right-of-Way.
Gasoline pump island canopies that are not connected to another structure may extend to the property right-of-way. The measurements are to be made at right angles to the property line.
(Ordinance 1858 adopted 8/16/01)
§ 410 Golf Driving Range.
In approving a special use allowing a golf driving range in or nearby a residential zoning district, City Council shall take appropriate measures to minimize ill effects of harsh or uncomfortably bright light (i.e., glare) emanating from nighttime illumination, on any residentially zoned lot located outside the golf driving range.
(Ordinance 1858 adopted 8/16/01)
§ 411 Home Occupations.
In order to provide peace, quiet and domestic tranquility within all residential neighborhoods within the City and in order to help all residents gain freedom from excessive noise, excessive traffic, nuisance, fire hazards and other possible side effects of commercial uses being conducted in residential areas, the following standards shall apply to all home occupations.
A.
Criteria.
1.
No person, other than members of the family who reside in the dwelling where a home occupation occurs, may engage in such occupation, profession, domestic craft, instructional or economic enterprise.
2.
The area utilized for the home occupation shall not exceed 25% of the gross floor area of the principal building where the home occupation occurs.
3.
In no way shall the appearance of the structure be altered or the occupation be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or the emissions of sounds, noise or vibrations. A home occupation shall produce no offensive noise, dust, odors or heat. A home occupation shall be completely contained within the principal building. Any noise, vibration, smoke, electrical interference, dust, odors, heat or visual or audio interference detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a multi-family structure, shall constitute a violation of the terms of this Section.
4.
No detached accessory building may be used in conjunction with a home occupation.
5.
All material, equipment, and/or supplies used in conjunction with a home occupation shall be completely enclosed with no exterior storage, temporary or permanent, allowed.
6.
No stock, goods, wares or merchandise shall be sold on the premises other than that which is prepared or produced upon the premises. Direct sales on the premises of other merchandise is allowed by prior individualized invitation.
7.
Signage for home occupations shall be limited to one non-illuminated sign with a maximum area of two square feet.
8.
Delivery and pickup of materials to and from the home occupation shall not exceed two trips per week by a commercial vehicle. A “commercial vehicle” is that which is defined in Section 10.1001 [12.201] of the City’s Code of Ordinances.
B.
Allowed Uses.
1.
Allowed home occupations include, but are not limited to, the following.
a.
Teaching, tutoring, counseling or treatment of persons at a residence, so long as such services are provided to no more than 10 persons per day (at that residence) and for no more than 6 days per week.
b.
The care of not more than 6 children under the age of 14 years during any one calendar day (excluding the caregiver’s own children), and the care of an additional 6 elementary school age children during non-school hours only, so long as the total number of children (including a caregiver’s own minor children) does not exceed a maximum of 12 at any given time.
C.
Inspection.
Home Occupation operators shall permit a reasonable inspection of the premises by the Building Inspector to determine compliance with this Section.
(Ordinance 1858 adopted 8/16/01)
§ 412 Manufactured Housing Park Standards.
A.
Land Area.
The minimum land area required for a manufactured housing park is three acres.
B.
Density Limitations.
Any lot or tract of land occupied by a manufactured housing park shall have a maximum density of 8 dwelling units per gross acre.
C.
Separation Requirements.
1.
Manufactured housing units and all roof-covered structures shall meet the following separation requirements.
2.
A maximum 2-foot eave overhang shall be permitted within the separation areas as required below.
Required Separation | |||
|---|---|---|---|
Any Other Dwelling in Park | Curb or Edge of Pavement on Driveway Providing Common Access | Park Boundary | |
Manufactured Housing Unit/ All Roof-Covered Accessory Structures | 10 feet | 10 feet | 20 feet |
Management, Maintenance or Recreational Buildings Serving Entire Park | 15 feet | 10 feet | 20 feet |
D.
Required Parking.
A minimum of two off-street parking spaces shall be provided for each dwelling within a manufactured housing park.
E.
Skirting.
Each manufactured housing unit shall be skirted with a material or product specifically designed for the skirting of manufactured homes. Required skirting shall be maintained so as not to provide a harborage for animals or create a fire hazard.
F.
Mobile Homes, Travel Trailers and Recreational Vehicles (RV’s).
1.
A mobile home shall be allowed in any manufactured housing park subject to the requirements of this Section.
2.
Travel trailers, motorized recreational vehicles and other such relocatable housing that does not meet the definition of either a “mobile home” or a “HUD-Code Manufactured Home” shall be permitted within any manufactured housing park, subject to the requirements of this Section, provided these types of accommodation do not exceed 30 percent of the total units in the park.
G.
State Standards.
All mobile homes and manufactured housing units shall conform to the State of Texas Standards for manufactured housing anchorage, tie downs and blocking.
H.
Fire Protection.
Every dwelling within a manufactured housing park shall be located no further than 500 feet from a fire hydrant.
I.
Site Plan.
Prior to the development of any new manufactured housing park established after the effective date of this Zoning Ordinance, and prior to the enlargement of any existing manufactured housing park, a site plan conforming to the requirements of this subsection shall be approved by the Building Inspector. The required site plan shall be drawn to scale and shall explicitly illustrate at least the following features.
1.
Location and dimensions of all park boundaries.
2.
Location of pavement on adjoining street rights-of-way.
3.
Location and dimensions of any permanent improvements existing or planned within the park, including but not limited to the following:
a.
Improved surfaces for common driveways, off-street parking and recreation areas.
b.
Buildings for management, maintenance and recreational purposes.
c.
Any other recreational facilities.
d.
Any fences or walls.
e.
The location of pipelines and systems for potable water distribution, sewage collection and fire protection, including location of all fire hydrants.
(Ordinance 1858 adopted 8/16/01)
§ 413 Manufacturing and Production.
The following general performance standards shall be applicable to activity allowed (by right or by conditional approval) in Light Manufacturing Districts:
1.
No vibration shall be produced which is transmitted through the ground (and is discernible without the aid of instruments) at or at any point beyond the lot line.
2.
All noise shall be muffled so as to not be objectionable due to intermittence, beat frequency or shrillness.
3.
Visible emissions of air pollutants of any kind at ground level, past the lot line of the lot on which the source of emissions is located, are prohibited.
4.
No person shall cause or permit any materials to be handled, transported or stored in such a manner, which allows or may allow particulate matter to become airborne.
5.
There shall be no emission or transmission of heat or heated air so as to be discernible from the lot line.
6.
Any condition or operation which results in the creation of odors of such intensity or character as to unreasonably interfere with the comfort of the public shall be removed, stopped or modified so as to remove the odor.
(Ordinance 1858 adopted 8/16/01)
§ 414.01 Signs Requiring Permits.
Upon application to the City Manager, permits may be granted for erection and alteration of signs as a matter of right in each district according to the standards set forth for each zoning district and subject to the additional regulations set forth below:
(a)
Classes of Signs; general restrictions:
Signs are hereby classified by general types for ease of administration and interpretation with general restrictions as follows:
(i)
Type A Sign:
These are signs attached against building fronts, or parallel to the face of the building or atop a canopy. No such sign shall extend more than 24 inches from any building surface to which it is attached and shall not project beyond the corner formed by the front and any other wall; nor above the highest point of either the roof or the parapet. Signs atop canopies shall not extend beyond the canopy, and shall be parallel to the wall from which the canopy extends. Not more than 75% of building frontage length shall be occupied by sign.
(ii)
Type B Sign:
These are signs designed to be used alone or as a supplement to Type A signs, where allowed, but subject to height and location restrictions in all districts where allowed. Such signs shall not exceed seven feet in height above grade, except where otherwise allowed and shall be located at least fifteen feet behind the curb of any street. The lowest part of the sign shall not be higher than three (3) feet above grade. Such signs shall not be located in any visibility triangle and shall not obstruct the view of driveways or parking areas. Such signs shall be limited to identification of a building or advertising message. This section shall include portable signs, either lighted or unlighted, which shall not require a permit.
(iii)
Type C Sign:
These are the signs commonly referred to as pole signs and freestanding signs and include signs supported by a building and extending toward a street, but excluding other types enumerated specifically in other paragraphs, such as Type D and Type E signs. Type C signs where allowed shall be located no closer to any street than fifteen (15) feet behind the curbline separating the street from the business property and at least 10 feet from any adjacent common private property line. Such signs shall be at least eight and no more than thirty (30) feet above grade, except for those uses specifically allowed additional height. Such signs shall be subject to size limitations as set forth in the zoning districts where such signs are allowed. Such signs shall only identify the business conducted on the premises, the name of the building or tenant. No more than one pole sign on any street shall be allowed for any single building whether it contains multiple uses or not. The frontage for multiple occupancy buildings is the street frontage of the business use or uses to be served by the sign. No sign shall be erected on a lot within forty (40) feet of any existing Type C sign on such lot.
(iv)
Type D Sign.
These signs are used for identification of multiple use occupancies under centralized site management, such as a shopping center. Type D signs may be thirty-five (35) feet in height above grade. A Type D sign shall have no more than two upright standards and may be located on any street on which the multiple occupancy fronts. The total area of such sign shall be 20 square feet per business up to a maximum of 300 square feet; provided, however, for less than ten businesses, the maximum total area of such sign shall be one square foot per linear foot of street frontage up to 200 square feet. Type D signs shall not be allowed if there are also Type B or Type C signs on the property; provided, however, if there is more than one building on the site to be served, single occupancy buildings thereon shall be entitled to Type C signs. Type D signs shall only identify the multiple use occupancy site by name, the businesses therein and may contain a canopy with changeable letters for theater features or other advertising purpose. Such sign shall be located at least fifteen (15) feet behind any curb, at least 300 feet from any property zoned for residential use and at least 50 feet from any other property.
(v)
Type E Sign:
Type E signs are those signs commonly referred to as billboards or poster boards which are designed to deliver a message that may or may not be changed or removed. Such signs shall be located in the C-2, C-3, M-1, and M-2 Districts. Such signs shall have a required setback of a minimum of 15 feet from any property line. Such a sign shall not exceed the height of any building upon which it is mounted or forty (40) feet, whichever is greater. Such signs may be unlighted or have shielded lighting.
Electronic billboard signs are Type E signs, defined as a permanent sign, display, or device that changes its message or copy by programmable electronic or mechanical processes, may be freestanding. Freestanding electronic billboard signs shall not exceed forty (40) feet in height. An electronic billboard sign:
(A)
shall display static messages only that shall maintain a hold time of at least eight (8) seconds;
(B)
must have each message change be accomplished within two (2) seconds or less and must occur simultaneously on the entire sign face;
(C)
shall not consist of more than one (1) panel per side of each sign installation;
(D)
must contain a default mechanism that freezes the sign in one position/message if a malfunction occurs; and
(E)
may not create or cause a glare or brightness to a degree that it constitutes a hazard or creates a nuisance by interfering with the reasonable enjoyment of neighboring property by a person of ordinary sensibilities or unreasonably interfere with the operation of a motor vehicle and threatens public safety.
All Type E signs must be placed in compliance with state and federal regulations, even if more restrictive than the foregoing regulations. All Type E signs shall not be closer than 950 feet from an existing Type E sign. Maximum sign area allowed is 300 square feet per surface. |
(vi)
Type F Sign:
These signs are used for identification of a new project such as a subdivision, where property is being sold for the first time to a user; new buildings, public projects and the like. These signs are not permanent but may be required for a longer period of time than most temporary signs. Such signs may be located on any property within the same zoning district or a zoning district allowing the same type of project being advertised; provided, however, if the project is located on a street with more than two marked traffic lanes, such signs shall be located only on the property where the project is located. In no event shall there be more than one on-site and one off-site Type F sign for a project and such signs shall be removed at the end of three years, completion of the project or occupancy of seventy-five (75) percent of the project, whichever comes first. Type F signs shall not exceed 20 feet in height and shall be located at least 20 feet behind the curb of any street, outside any visibility triangle, and not within any parking area. Off-site Type F signs shall not exceed 300 square feet in area. On-site signs shall not exceed the total area of all other types of signs allowed.
(Ordinance 1937 adopted 7/6/06; Ordinance 2117 adopted 1/21/21)
§ 414.02 Sign Area Measurement.
Because signs displayed apart from a building are deemed to have greater impact than those consisting of symbols attached to a building, a different method of measurement is provided for different types and combination of signs.
(a)
Type A and B signs when used alone or in combination with each other: If the sign consists of letters painted on or attached to a building surface or a Type B sign surface without a background distinguished by color or internal lighting or enclosed in some type of painted or designed frame, then the allowable sign for Type A or Type B, signs shall be the sum of the area of the rectangles necessary to enclose each feature, symbol, letter, and number displayed on all exposed sign message surfaces of the sign. If the sign lettering is enclosed in a painted or designed frame, or is in an area distinguished from the surface on which it is mounted by color, or if the sign is internally lighted, then the entire area so lighted, colored, or framed shall be deemed to be the area of the sign. One exposed sign message surface shall be considered in determining sign area.
(b)
Type A signs when used in conjunction with Type C, D or E signs: The allowable sign area for Type A signs when used with the Type C, D or E signs shall be the area of exposure of one (1) sign message surface. If such sign consists of letters attached to a building, such sign message shall be deemed to have a surface area equal to the smallest square, rectangle or circle which will encompass all symbols, letters and numbers comprising the sign.
(c)
Type C, D, E and F Signs: The allowable sign area for Type C, D, E and F signs shall be the combined area of exposure on one (1) sign message surface. Supports shall not be measured, except for Type B signs, where they shall be measured.
(d)
For all types of signs, allowable sign area based on building or property frontages shall apply only to each respective street frontage and sign area for all street frontages shall not be combined along one street frontage.
(e)
Signs within PD, Planned Development Districts shall conform to the regulations of the base district, or in which the permit is granted or which is combined therewith, unless a site plan further restricts the signs. No sign will be allowed in a district which requires a site plan unless the site plan shows such sign.
(Ordinance 1937 adopted 7/6/06)
§ 414.03 Frontage on More Than One Street.
(a)
If a use has street frontage on a corner, street frontage for the purpose of calculation of sign area shall be either:
(i)
In the case of a sign erected on a building, the frontage of the building on the street which the sign faces;
(ii)
In the case of a freestanding sign, more than 300 feet from an intersection of any public street, the frontage of the street closest to the sign, or if equidistant from two or more streets, the longest such frontage.
(iii)
In the case of a freestanding sign, less than 300 feet from an intersection, the frontage of the street upon which the largest business building on such lot faces.
(b)
If a use has street frontage on more than one street, but not on a corner, such business shall be entitled to signs by formula on each street. Table 9.1 depicts the type, size and other restrictions of signs generally allowed within each zoning districts, except as may be otherwise provided for a particular use by the section governing a particular zoning district or by this Section; and also except as may be otherwise limited by this zoning ordinance. In case of conflicting provisions, the more restrictive shall apply.
(Ordinance 1937 adopted 7/6/06)
§ 414.04 Symbols.
Symbols which are designed as integral part of the building structure, and symbols and signs which are not visible or readable from the public street shall not be limited by the sign regulations of the zoning district.
(Ordinance 1937 adopted 7/6/06)
§ 414.05 Traffic-Control Conflicts.
No sign or lighting permitted under these regulations shall be erected, placed or allowed to remain whereby such sign creates confusion, impairs hearing or vision, or otherwise distracts the automotive driver using any public street. Specifically prohibited are:
(i)
High intensity bare bulb lighting or any lighting which creates a glare or any sign so placed as to make traffic signs or signals unreadable at the normal viewing range by a driver on the public street;
(ii)
Signs duplicating colors, characteristics or symbols of traffic signs or signals, or signs which cause confusion in reading such traffic signs or signal at normal viewing range;
(iii)
Signs or equipment which produce noises simulating sirens, bells, or whistles which may be confused with the warning devices of emergency vehicles traveling with the public streets; and
(iv)
This section does not apply to public service signs or message center signs, such as time and temperature displays.
(Ordinance 1937 adopted 7/6/06)
§ 414.06 Residential Area Nuisance.
No sign or lighting permitted under these regulations shall be authorized whereby such sign or lighting by reason of placement, lack of shielding, noise generation or character of operation would be adverse to the normal sensibilities of a person residing on adjacent property or would interfere with the reasonable use, enjoyment or right of privacy on his property. Specifically:
(i)
The source of lighting shall not be directly visible from the adjacent residential property and light shall be shielded to prevent such exposure;
(ii)
The noise level of signs and lighting fixtures, when measured within the adjacent dwelling unit, shall not be greater than the noise levels of equipment customarily in operation in the home including air conditioning and kitchen refrigerators.
(Ordinance 1937 adopted 7/6/06)
§ 414.07 Signs In or Over Right-of-Way Prohibited.
No sign, whether requiring a permit or not, shall be located within or project over any public right-of-way. This provision shall not be applicable to official traffic-control signs, or entrance and exit signs less than 30 inches above grade placed with permission of the City.
(Ordinance 1937 adopted 7/6/06)
§ 414.08 Maintenance.
All signs for which a permit is required, together with all supports, braces, guys and anchors shall be kept in repair. The City administrator may order the removal of any sign that is not maintained in accordance with this section. Such removal shall be accomplished at the expense of the owner or person in charge of the premises. Failure to comply with such order shall constitute a misdemeanor.
(Ordinance 1937 adopted 7/6/06)
§ 414.09 Enforcement.
All signs in existence on and in compliance with the zoning regulations as of April 1, 2006, shall be exempt from the provisions of Article 6; provided, however, that all alterations to such existing signs must be made in accordance with, and are subject to, the provisions herein contained. Any nonconforming sign which is damaged or is deteriorated to a point where its restoration costs exceeds 50% of its replacement value shall be removed.
TABLE 9.1 PERMITTED USE OF SIGNS | |||||
|---|---|---|---|---|---|
Zone | Type A Building Sign | Type B Ground Sign | Type C Pole Sign | Special Provisions | Limitation of Signs |
R&E | Not Allowed | Not Allowed | Not Allowed | Churches, colleges, public buildings and institutional/educational uses allowed Type A and B signs with a maximum areas of 50 sq. ft. and Type B signs shall not exceed 7 ft in height for such uses | 50 sq. ft. |
R-1 R-2 | Not Allowed | Not Allowed | Not Allowed | Churches, colleges, public buildings and institutional/educational uses allowed Type A and B signs with a maximum areas of 50 sq. ft. and Type B signs shall not exceed 7 ft in height for such uses | 50 sq. ft. |
R-3 | 80 sq. ft. area Maximum | 50 sq. ft. maximum area. Height maximum 7 ft to highest point of sign or support | Not Allowed | Churches, colleges, public buildings and institutional/educational uses allowed Type A and B signs with a maximum areas of 50 sq. ft. and Type B signs shall not exceed 10 ft in height for such uses | 80 sq. ft |
RG | Not Allowed | Not Allowed | Not Allowed | Churches, colleges, public buildings and institutional/educational uses allowed Type A and B signs with a maximum areas of 50 sq. ft. and Type B signs shall not exceed 7 ft in height for such uses | 50 sq. ft. |
C1 C2 | 2 sq. ft area per lineal foot of building frontage up to 200 sq. ft. | Maximum height 10 feet from grade to highest point of sign or support. Max, area: 1 sq. ft. per lineal ft of street frontage up to 50 sq. ft. | Maximum area: 1.5 sq. ft. per lineal foot of street frontage up to 200 sq. | Type D signs permitted. Type B signs for churches, colleges, schools and public buildings may be up to 10 feet. Type E signs permitted in C2 with a maximum area of 300 sq. ft. regardless of street frontage | 200 sq. ft except for Type E signs in C4 which are allowed up to 300 sq. ft. |
C3 M1 M2 | 2 sq. ft. area per lineal ft of building frontage up to 200 sq. ft. | Maximum height 10 feet from grade to highest point of sign or support. Max, area: 1 sq. ft. per lineal ft of street frontage up to 50 sq. ft | Maximum area: 1.5 sq. ft. per lineal foot of street frontage up to 200 sq. ft. | Type D signs permitted. Type B signs for churches, colleges, schools and public buildings may be up to 20 feet. Type E signs permitted with a maximum area of 300 sq. ft. regardless of street frontage | 300 sq. ft. |
(Ordinance 1937 adopted 7/6/06)
§ 415 Recovery Facility, Alcohol and Drug.
Drug and alcohol recovery facilities shall be subject to the following standards.
1.
The facility shall meet all building, housing, and fire codes of the City.
2.
The facility shall have adequate off-street parking space for every vehicle possessed or utilized by occupants of the building. Such parking spaces must meet all applicable standards of the City.
3.
The facility shall be compatible with the neighborhood and shall not create undue density and congestion.
4.
The boundary line of any lot or tract of land occupied by such facilities shall be located no less than 300 feet (measured in a straight line between nearest boundaries) from each of the following:
5.
Appropriate licenses and/or certifications from any federal or state agency shall be acquired and kept current.
6.
Professional staff must be on the premises at all times. Professional staff shall be defined as an individual with experience, training or knowledge in the appropriate rehabilitative field.
7.
No residential treatment shall be provided to any persons on parole from federal, state or county jails or prisons.
8.
If deemed necessary by the Chief of Police, additional security lighting shall be provided.
(Ordinance 1858 adopted 8/16/01)
§ 416 Restaurants, Bars and Taverns with Outdoor Seating.
Outdoor seating areas shall be allowed in conjunction with existing or proposed restaurants, bars and taverns, subject to the following standards.
1.
All lights must be arranged and controlled so as to deflect glare or any uncomfortably bright, harsh light away from any nearby residential use.
2.
Outdoor seating areas may not generate noise in excess of 45 dB(A) between the hours of 10:00 p.m. and 6:00 a.m. or in excess of 55 dB(A) at all other times, as measured at the lot line of any residential use.
(Ordinance 1858 adopted 8/16/01)
§ 417 Self-Service Storage.
Self-service storage facilities shall be allowed as a conditional use following approval by the Planning Commission and subject to the following standards.
1.
The facility shall be situated in a manner that avoids having substantial activity unreasonably close to any R-1 or R-2 or R-3 zoning district.
2.
The use of the facility and its individual storage units shall be limited to storage purposes only.
3.
No direct glare from any illumination on the site shall be visible from lots in any adjacent residential zoning district.
4.
Electrical service to any individual storage unit shall be limited to a single circuit providing a maximum force of 20 amperes, with no more than one duplex outlet providing single-phase electrical service of no more than 110 volts.
5.
Each individual unit shall be directly accessible from a paved apron that is improved to the same standards generally required for off-street parking areas, and the paved apron shall include a paved extension to the pavement on an adjoining street.
(Ordinance 1858 adopted 8/16/01)
§ 418 Special Events.
All special events shall comply with the permitting procedures in Sec. 205 [204].
§ 419 Telecommunication Facilities.
A.
Principal Use.
Telecommunication transmission towers and other telecommunication facilities shall always be considered a principal use. They may be located on lots or on buildings occupied by another principal use.
B.
Applicability.
This Section shall only apply to those telecommunications towers and related facilities that exceed 35 feet in height, including the height of other structures or buildings on which the telecommunication facilities are located.
C.
Setbacks.
The following standards shall apply to all telecommunications facilities:
1.
The minimum setback between telecommunication facilities and all boundaries of the lot on which those facilities are located shall be equal to 20 percent of the height of the tower.
2.
Telecommunication facilities shall be set back a minimum of 50 feet from any existing right-of-way for any street.
3.
Peripheral supports and guy anchors for telecommunication towers may be located within required setbacks for the tower, provided that they shall be located entirely within the boundaries of the lot on which the tower is located and shall be located no closer than 5 feet from the boundary of the lot on which the tower is located, and no closer than 10 feet from the boundary of an adjoining lot in a residential district.
D.
Separation from Residential Districts.
All telecommunications facilities that exceed a height of 35 feet (including the height of the building on which they may be located) shall be set back at least 50 feet from the boundary of any lot or tract in a residential zoning district.
E.
Heights.
The principal support structure for telecommunication facilities shall be allowed to exceed the height limit of the zoning district in which it is located, provided that the setback standards of this Section shall apply.
F.
Security Fences and Walls.
Unless the telecommunication tower is located on top of a building, a fence or wall not less than 7 feet in height from finished grade shall be constructed around each telecommunication tower. The fence or wall shall comply with the following standards.
1.
Access to the tower shall be through a locked gate in the required fence or wall.
2.
If high voltage is necessary for the operation of the telecommunication tower and such high voltages are present in a ground grid or in the tower, signs located every 20 feet and attached to the fence or wall shall display in large bold letters the following: “HIGH VOLTAGE-DANGER.”
G.
Removal of Obsolete Towers.
All obsolete or unused telecommunication towers shall be removed within 12 months of cessation of use.
H.
Electromagnetic Radiation.
Telecommunication towers shall comply with all applicable Federal Communications Commission (FCC) standards for non-ionizing electromagnetic radiation.
(Ordinance 1858 adopted 8/16/01)
§ 420 Temporary Uses.
A.
Construction-Related Offices.
1.
Parking of a trailer housing construction-related offices shall be allowed on the same tract of land, or on a tract lying directly adjacent to or across the street from the tract, where related construction is occurring.
2.
Parking of a trailer housing construction-related offices shall not require a building permit or other approval from the City, provided that the following standards are met.
a.
Extension of temporary electric or plumbing service is made in accordance with all applicable codes, including required permits therefor.
b.
Use of any such trailer shall be limited to administrative offices for ongoing construction activity on the same tract of land, or on a tract lying directly adjacent to or across the street from the tract where construction activity is ongoing. The trailer shall not be used for dwelling purposes, even on a temporary basis.
c.
Any such trailer shall be removed within 60 days following completion of the project to which the offices are considered accessory.
B.
Construction-Related Storage.
1.
Parking of trailers, semi-trailers and shipping containers shall be allowed on the same tract of land, or on a tract lying directly adjacent to or across the street from the tract, where related construction is occurring. Such parking shall not require a building permit or other approval by the City, provided that the following standards are met.
2.
Yards for storage and marshaling of construction material and equipment shall be allowed on the same tract of land, or on a tract lying directly adjacent to or across the street from the tract, where related construction activity is occurring. All such material or equipment shall be for use in conjunction with the associated construction project. All such material and equipment shall be removed within 60 days following completion of the project.
C.
Real Estate Sales Offices in Residential Districts.
1.
A real estate sales office may be operated from a model home or other building located within a recorded subdivision, provided that the use is limited to sale of lots or new homes within that same subdivision. The temporary use approval shall expire at such time as 95 percent of the lots within the subdivision have been sold.
2.
No mobile home, HUD-Code manufactured home or other portable building not constructed in conformance with the City’s building code requirements shall be allowed as a temporary office for the sale of real estate.
D.
Special Events and Seasonal Uses.
All special events and seasonal uses shall comply with the permitting procedures in Sec. 205 [204.]
(Ordinance 1858 adopted 8/16/01)
§ 421 Vehicle Service, Limited.
In Commercial Districts, no vehicle service use shall occupy a facility with more than three service bays. Allowed services shall be limited to the following.
1.
Fluid changes.
2.
Lubrication.
3.
Sales and replacement of minor parts such as batteries, belts, bulbs, lamps, fuses and wipers.
4.
Battery recharging.
5.
State-mandated inspections.
6.
Tire sales, installation and repair.
7.
Brake repair and replacement.
8.
Replacement of shocks and struts.
9.
Sales and installation of custom auto parts and accessories that are not intended to enhance the performance of the engine, and that do not alter the original or “stock” components of automotive electric, transmission, suspension or exhaust systems.
(Ordinance 1858 adopted 8/16/01)
§ 422 Waste-Related Uses.
Where allowed only as a conditional use, waste-related uses shall be subject to approval by the Planning Commission and shall furthermore be subject to the following conditions:
1.
Use of the facility shall be limited to collection (from household and business consumers) of small items such as cans, glass, plastic and paper, for temporary storage and subsequent transport to another facility for processing.
2.
No mechanical means of collection or processing shall be allowed, including but not limited to the crushing of cans.
(Ordinance 1858 adopted 8/16/01)