Land and buildings in each of the following classified districts may be used for any of the following listed uses, but no land shall hereafter be used, and no building or structure shall hereafter be erected, altered or converted which is arranged or designated or used in a manner other than specified for the district in which it is located, as set forth by the following schedule, or as such schedule may be subsequently amended:

In order to evaluate a proposal for a land use not identified by this Ordinance, a determination of the appropriate classification of any new or unlisted land use will occur as follows:

At no point at the bounding line may a zoning district receive sound pressure levels that exceed the decibel levels specified in the groups designated in the following table:

Decibel (dB) means a unit of measure of sound pressure, or noise level. An increase by ten decibels doubles the volume.

Measurement of the noise shall be made with a decibel meter meeting the standards prescribed by the American National Standards Institute.

The noise levels included in this Ordinance shall not be applicable to extraction operations or emergency vehicles.

All uses in the LI (Light Industrial) and the HI (Heavy Industrial) Districts shall conform in operation, location and construction to the performance standards herein specified for odorous matter, toxic and noxious matter, glare, smoke, particulate matter and other air contaminants, fire and explosive or hazardous matter, vibration, open storage and glare.

No operation or use in a LI District or HI District shall cause, create or allow the emission of air contaminants that violate State or Federal environmental laws. Open storage and open processing operations, including on-site transportation movements which are a source of wind or airborne dust or other particulate matter, are subject to the standards and regulations specified herein.

No use or operation in a LI or HI District may be located or conducted so as to produce intense glare or direct illumination across the bounding property line from a visible source of illumination nor may any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property.

This section provides the City Council the opportunity to deny or conditionally approve those uses for which conditional use permits are required. These uses generally have unusual nuisance characteristics or are of a public or semi-public character often essential or desirable for the general convenience and welfare of the community. Because, however, of the nature of the use or possible adverse impact on neighboring properties of the use, review, evaluation and exercise of planning judgment relative to the location and site plan of the proposed use are required.

The City Council, after a public hearing and proper notice to all parties affected may authorize the issuance of conditional use permits for the uses indicated by “C” in the Use Schedule 7-102 through 7-114.

A building permit or certificate of occupancy will not be issued for any use proposed in a zoning district which requires a conditional use permit unless a conditional use permit has first been authorized in accordance with the provisions of this Ordinance.

Any person proposing to begin a use requiring a conditional use permit may file an application available in City Hall. The application shall be accompanied by a site plan. The site plan, along with the application, will become a part of the conditional use permit, if approved. The accompanying site plan shall provide the following information:

The notification and public hearing process for conditional use permits or revocations thereof shall be the same as rezoning amendments.

A conditional use permit shall be authorized only if all the following conditions have been found:

In authorizing a conditional use permit, the City Council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community, including a time period for which a conditional use permit is valid. The City Council in considering and determining the additional conditions may impose such developmental standards and safeguards as conditions and locations indicate to be important to the welfare and protection of adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glares, offensive view or other undesirable or hazardous conditions.

A conditional use permit, once approved, shall run with the land and be used in conjunction with conditions approved, or as modified. A conditional use permit may be revoked or modified, after notice to the property owner and a hearing before the City Council, for and of the following reasons:

The procedure for amendment of a conditional use permit will be the same as for a new application.

A person making application for a conditional use permit shall pay a fee in an amount determined, and as from time to time amended, by resolution approved by the City Council, a copy of which shall be on file with the City Secretary and in accordance with Section 19-101.

All zoning district maps of the City of Bruceville-Eddy will contain the following:

CAUTION: Any prospective property owners or lessees should review the official zoning map located in the City Secretary’s office before consummating any agreement based on the current zoning depicted on this map and/or the current use of this property.

Such warning shall be placed in a conspicuous place on the map.

Two categories of Motor Vehicle Servicing/Repair are hereby established and they include Minor Vehicle Servicing and Major Vehicle Repair.

An applicant proposing a child care facility is required to prepare a site plan in accordance with the following minimum standards and the City Secretary will verify compliance and issue a letter of conformance.

To provide for the appropriate use of land which has a history of inundation or is determined to be subject to flood hazard, and to promote the general welfare and provide protection from flooding, portions of certain districts are designated with a floodplain prefix “FP.” Areas designated on the zoning district map by a “FP” prefix shall be subject to the following provisions:

The permitted uses in that portion of any district having a floodplain “FP” prefix are limited to the following:

No building or structure may be erected in that portion of any district designated with a floodplain “FP” prefix until, and unless, such building or structure has been approved by the City Engineer, who will ascertain that such building or structure is not subject to damage by flooding and would not constitute an encroachment hazard or obstacle to the movement of floodwaters and that such construction would not endanger the value and safety of other property or the public health and welfare.

Any dump, excavation, storage, filling or mining operation within that portion of a district having a floodplain “FP” prefix shall be approved in writing by the City Engineer before such operation is begun.

An area may be removed from the floodplain “FP” prefix designation when by the provision of drainage works, grading, flood protection or specific drainage study, it is determined by the City Engineer that the flood hazard has been alleviated. Removal of the floodplain “FP” prefix shall be accomplished by resolution of the City Council after written notification from the City Engineer advising of the removal of the flood hazard.

The fact that land is, or is not, within a district having a floodplain “FP” prefix shall not be interpreted as assurance that such land or area is, or is not, subject to periodic local flooding.

The City Council may, upon final determination that a lot, tract or parcel of land has no established history of periodic flooding but is subject to flood hazard and has not been designated with a floodplain prefix “FP,” in lieu of the floodplain prefix “FP,” designate said lot, tract or parcel with a flood hazard prefix “FH.” Upon final approval of any zoning, rezoning or subdivision of a lot, tract or parcel of land designated with a flood hazard prefix “FH,” said lot, tract or parcel, determined to be subject to flood hazard, shall be identified with an “FH” on the final map or plat filed with the City Engineer, or in the records of the County Clerk of McLennan or Falls County, Texas (the county in which the land is situated). The “FH” designation on said map or plat shall constitute notice and warning to any person or entity thereafter purchasing, mortgaging, leasing, building upon or otherwise dealing with the lot, tract or parcel of land that same may be subject to flooding.

An area may be removed from the flood hazard prefix “FH” designation in the same manner provided for the removal of the floodplain prefix “FP” designation, established in 7-604 of the zoning ordinance.

The fact that land is, or is not, designated with a flood hazard prefix “FH” shall not be interpreted as assurance or representation that such land or area is, or is not, subject to periodic local flooding.