Burleson City Zoning Code
ARTICLE V
SUPPLEMENTAL REGULATIONS
§ 130 Specific use permits.
130-100
Purpose.
Certain uses, because of the characteristics of the use, may be appropriate in some zoning districts under certain conditions in addition to the zoning districts in which they are a permitted use. These uses are identified in article 3, zoning districts. Each use that may be considered for a specific use permit is listed in the district in which it is permitted with the conditions that must be met for approval. The procedure and criteria for approval of a specific use permit are set forth in section 130-105, generally, below.
130-105
Generally.
(a)
The city council may authorize specific use permits in the same manner as other amendments to the zoning ordinance.
(b)
Application for a specific use permit may be made by any property owner or other person having a proprietary interest in the property for which a specific use permit is requested by filing an application on the forms provided by the city and paying the established fee. The application shall be accompanied by a site plan drawn to scale and showing the elements indicated in section 131, site plan requirements, when required by conditions of the specific use permit. The site plan shall be considered and filed as part of the ordinance, and if approved, filed prior to the issuance of a building permit.
(c)
Every specific use permit granted shall be considered an amendment to the zoning ordinance as applicable to the property affected but shall not be considered as a permanent change in zoning. If the building, premises, or land used under the specific use permit is voluntarily vacated for a period of six months or more, or if the building, premises, or land is more than 50 percent destroyed by fire or other cause, the use of the property shall, conform to the regulations of the original zoning district unless a new specific use permit is granted for continuation of the use.
(d)
In granting a specific use permit, the city council may impose such conditions as are deemed to be necessary or appropriate to protect the public health, safety, or general welfare. These conditions shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building official for use of the property pursuant to the specific use permit.
(e)
A specific use permit may be granted for specific periods of time after which the planning and zoning commission may inquire into the continuation of the permit and, based upon its findings, recommend its discontinuance or an extension of the time period as set forth in the ordinance establishing the specific use permit.
(f)
No specific use permit shall be granted unless the applicant, owner, and grantee of the specific use permit are willing to accept and agree to be bound by and comply with the written requirements of the specific use permit.
(g)
A building permit, if required, shall be applied for and secured within one year from the time of granting the specific use permit; provided, however, [that] the city council may authorize an extension of this time upon request by the permit holder and recommendations by the planning and zoning commission. Failure of a building permit to be issued within one year or within any other time frame authorized by the city council shall render the specific use permit void.
(h)
No building, premises, or land used under a specific use permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless a separate specific use permit is granted for such enlargement, modification, structural alteration, or change.
(i)
The board of adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to such specific use permit.
(j)
All specific use permits approved in accordance with the provisions of this ordinance shall be referenced on the official zoning map, and a list of such permits shall be maintained by the city manager or their designee.
130-110
Factors to be considered.
In granting or denying an application for a specific use permit, the city council shall take into consideration the following factors:
(a)
Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site.
(b)
Safety from fire hazard, and measures for fire control.
(c)
Protection of adjacent property from flood or water damage.
(d)
Noise producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood.
(e)
Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties.
(f)
Street size and adequacy of pavement width for traffic and reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood.
(g)
Adequacy of parking, as determined by requirements of this ordinance for off-street parking facilities for similar uses, location of ingress and egress points for parking and off-street loading spaces; and protection of the public health by all weather surfacing on all parking areas to control dust.
(h)
Such other measures as will secure and protect the public health, safety, morals and general welfare.
§ 131 Site plan requirements.
(Ord. No. 1893-10-2021 adopted 10/18/2021)
131-105
Site plan requirements generally.
Whenever a site plan is required by this ordinance, such site plan must conform to the requirements of this section. Except as otherwise provided herein, all site plans must be approved by the city council upon recommendation of the planning and zoning commission. The site plan submitted in support of an application (form provided by the building official) shall satisfy the requirements for site plan submittals as set forth by the development assistance committee. Site plans shall be reviewed by the development assistance committee at the next scheduled meeting after submittal. Comments shall be returned within five working days after the review by the development assistance committee. In no event shall the review process exceed 15 working days after submittal. The submittal date of the site plan shall be the date upon which the site plan is found to be in compliance with the provisions of the site plan application by the development assistance committee.
131-110
Required prior to building permit.
When required by this ordinance, a site plan must be approved prior to the issuance of a building permit by the city.
131-115
Changes to the site plan.
Changes to the site plan shall be processed in the same manner as the original approved site plan.
(b)
Changes to the site plan which will affect the use of the land may require either an amendment to a PD or a rezoning of property, whichever applies.
(c)
Changes of details within a site plan which do not alter the basic physical relationship of the property to adjacent properties; do not alter the use permitted; increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved site plan, may be authorized by the community development director or his/her designee. An aggrieved party may appeal the decision of the community development director or his/her designee to the zoning board of adjustment in accordance with the provisions of this ordinance.
131-120
Approval.
(a)
Administrative site plan approval by development assistance committee. Any site plan that does not require a zoning district change, waivers, or variances and complies with all city ordinances may be approved administratively.
(b)
Site plan approval required by city council. Any site plan that requires a waiver or variance to city ordinances or is contingent upon the approval of a zoning district change must receive the approval of city council upon recommendation of the planning and zoning commission. Council approval of a site plan that accompanies a zoning change request shall become part of the amending ordinance. Public hearings held by the council for consideration of approval of the zoning change and accompanying site plan shall be conducted in accordance with the provisions of section 6, amendments.
131-125
Site plan content.
The site plan shall contain the information listed below and any or all of the required features may be incorporated on a single drawing if the drawing is clear and capable of evaluation by the planning and zoning commission, the city council, and the staff personnel required to enforce and interpret this ordinance:
(a)
The boundary lines and dimensions of the property, existing subdivision lots, available utilities, easements, roadways, sidewalks, emergency access easements and public rights-of-way.
(b)
Topography of the property proposed for development in contours of not less than two feet, together with any proposed grade elevations, if different from existing elevations.
(c)
Floodplains, water courses, marshes, drainage areas, and other significant environmental features including, but not limited to, rock outcroppings and major tree groupings.
(d)
The location and use of all existing and proposed buildings or structures, including all refuse storage areas, and the minimum distance between buildings. Where building complexes are proposed, the location of each building and the minimum distances between buildings, and between buildings and the property line, street line, and/or alley.
(e)
Total number, location and arrangement of off-street parking and loading spaces, where required.
(f)
All points of vehicular ingress, egress, and circulation within the property and all special traffic regulation facilities proposed or required to assure the safe function of the circulation plan.
(g)
Setbacks, lot coverage, and when relevant, the relationship of the setbacks provided and the height of any existing or proposed building or structure.
(h)
The location, size, and arrangement of all outdoor signs, exterior auditory speakers, and lighting.
(i)
The type, location, and quantity of all plant material used for landscaping, and the type, location, and height of fences or screening and the plantings around them.
(j)
If multiple types of land uses are proposed, a delineation of the specific areas to be devoted to various land uses.
(k)
Vicinity map, north point, scale, name of development, name of owner, name of planner, total acreage of project, street address or common description of the property.
(l)
Current land uses and zoning district of the property and current land uses and zoning districts of contiguous properties.
(m)
Buildings on the exterior of the site and within 25 feet of all property lines.
(n)
The location and size of existing and proposed surface and subsurface drainage facilities, including culverts, drains, and detention ponds, showing size and direction of flow.
(o)
The number of square feet of the property after construction which will constitute impervious area or impervious surface and vegetated areas.
§ 132 General yard requirements.
(Ord. No. B-582(M0112), § 1, 2-6-2012)
132-100
Purpose.
The following general requirements provide additional criteria which apply to yard requirements in all zoning districts.
132-105
General.
(a)
Two or more zoning districts.
Where the frontage on one side of the street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage from one intersecting street to the other. (See Appendix Illustration 7).
(b)
Established building line.
Where a building line has been established by plat or previous ordinance, and the line requires a front yard setback greater or lesser in depth than is prescribed by this ordinance for the district in which the building line is located, the required front yard shall comply with the building line established by the previous ordinance or plat.
(c)
Measurement.
The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eave and roof extensions may project into the required front yard for a distance not to exceed four feet. (See Appendix Illustration 5).
(d)
Double frontage.
Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both sides unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard need be provided. Additionally, for lots which have a subdivision wall adjoining or facing the lots, the front yard setback will apply only to the portion which faces the street and the rear yard setback will be the portion that faces the subdivision wall, unless otherwise specified by plat.
(e)
Average setbacks.
If buildings along the frontage of any street between two intersecting streets in any residential district have observed an average setback which is greater or lesser in dimension than the minimum front yard or setback established for the district in which the street frontage is located, then the average setback of all buildings fronting between two intersecting streets shall establish the minimum front yard requirement. All vacant lots shall have a minimum front yard specified for the district in computing the average front yard. These provisions shall not be interpreted as requiring a setback or front yard greater than 50 feet, nor shall they be interpreted as requiring any building to observe a front yard of more than ten feet greater than the front setback observed by any building on a contiguous lot. These provisions shall be superseded on any lot where a building line has been established by plat or ordinance and the front yard or setback required by the plat or ordinance shall be provided. (See Appendix Illustration 8).
(f)
Rear yard open and unobstructed requirement.
Every part of a required rear yard shall be open and unobstructed to the sky from a point 30 inches above the ground level of the graded lot, except for accessory buildings as permitted and the ordinary projections of window sills, belt courses, cornices, and roof overhangs, and other architectural features projecting not more than four feet into the required rear yard.
(g)
Side yard open and unobstructed requirement.
Every part of a required side yard shall be open and unobstructed except for accessory buildings as permitted and the ordinary projections of window sills, belt courses, cornices, and other architectural features projecting not more than 12 inches into the required side yard, and roof eaves projecting not more than 36 inches into the required side yard.
132-115
Accessory building and structure yard regulations.
(a)
Front yard.
Attached accessory buildings or structures shall have a front yard not less than the main building. Detached accessory buildings or structures shall be located in the area defined as the rear yard.
(b)
Side yard.
A side yard of three feet shall be maintained for any accessory building or structure located in a residential district as measured from the side lot line; except that adjacent to a side street the accessory building side yard shall be not less than ten feet and a garage or carport entered from and opening onto the side shall provide a side yard of not less than 20 feet.
(c)
Rear yard.
(1)
There shall be a rear yard for accessory buildings or structures of not less than three feet measured from the lot line. In residential districts, the main building and all accessory buildings shall not cover more than 50 percent of that portion of the lot lying to the rear of a line joining the midpoint of one side lot line with the midpoint of the opposite side lot line. Detached carports, garages, or other detached accessory buildings located within this rear portion of the lot shall not be located closer than six feet to the main building or nearer than three feet to any side lot line, (See Appendix Illustration 3).
(2)
Where a garage or carport is designed and constructed to be entered from an alley or side street, the garage or carport shall be set back from the side street or alley a minimum distance of 18 feet.
§ 133 General height requirements.
133-100
Generally.
The following height requirements shall apply:
(a)
Cooling towers, roof gables, chimneys, and vent stacks may extend for an additional height not to exceed 40 feet above the average grade line of a building. Water standpipes and tanks, religious institution steeples, domes and spires, school buildings, and institutional buildings may exceed three stories in height in residential districts restricted to two or three stories in height, provided that one additional foot is added to the width and depth of side and rear yards for each foot that a structure exceeds 35 feet in height.
(b)
In the GR, CC, C and I districts a building may exceed a height of 35 feet if the following conditions are met:
(c)
Height regulations do not apply to steeples, domes and spires, or other architectural design elements, communication towers and/or antennas. (For antenna and tower regulations see section 137, antenna facilities.)
(d)
Height restrictions identified in the Spinks Airport Air Hazard Zoning Ordinance as adopted by Resolution No. 503 shall be observed.
§ 134 Vehicle parking regulations.
(Ord. No. CSO#1124-09-2019, § 1, 11-11-2019)
134-100
Generally.
(a)
In all zoning districts, off-street parking shall be provided in accordance with this section.
(b)
Required parking in residential districts must be located on the same lot or tract as the main use for which the parking is provided.
(c)
Required parking in nonresidential districts may be located on the lot or tract with the main use for which the parking is provided or on a lot or tract in the same zoning district, within 150 feet of the building or structure constituting the main use.
(d)
A use lawfully existing on June 27, 1985, need not provide parking as required by this section unless the use is expanded. Existing off-street parking for on-conforming use may not be reduced below the number of parking spaces required by this section.
(e)
If specific requirements results in a fraction of a parking space, the next larger whole number of spaces is required. If specific requirements include the number of persons employed on the premises, the number of employed in two shifts shall be used for calculating parking spaces when a use customarily exceeds nine hours of operation in a 24-hour period.
134-105
Residential uses.
In the following zoning districts the minimum off-street parking spaces for residential uses is:
(1)
A, agricultural district: two spaces for each dwelling unit.
(2)
SFE, single-family estate district: two spaces for each dwelling unit.
(3)
SFR, single-family rural district: two spaces for each dwelling unit.
(4)
SF16, single-family dwelling district-16: two spaces for each dwelling unit.
(5)
SF10, single-family dwelling district-10: two spaces for each dwelling unit.
(6)
SF7, single-family dwelling district-7: two spaces for each dwelling unit.
(7)
SFA, single-family attached dwelling district: two spaces for each dwelling unit.
(8)
2F, two-family dwelling district: two spaces for each dwelling unit.
(9)
MF1, multiple-family dwelling district: two spaces for each dwelling unit, plus one additional space for each bedroom in the dwelling unit over three.
(10)
MF2, multiple-family dwelling district: two spaces for each dwelling unit, plus one additional space for each bedroom in the dwelling unit over three.
(11)
MH, manufactured dwelling district: two spaces for each dwelling unit.
(12)
MHP, manufactured home park district: two spaces for each dwelling unit.
134-110
Nonresidential uses.
In all districts except the CC, central commercial district, the minimum number of off-street parking spaces is:
(1)
Bank, savings and loan or similar financial establishment: one space for each 300 square feet of total floor area.
(2)
Bed and breakfast: five minimum, plus one per rented bedroom.
(3)
Bowling alley: six spaces for each lane.
(4)
Clinics or doctor's offices: one space for each 200 square feet of total floor area.
(5)
Religious institution: one space for each four seats in the main sanctuary. Plus additional as may be required for secondary uses.
(6)
Commercial amusement: ten spaces, plus one space for each 100 square feet of total floor area over 1,000 square feet.
(7)
Convalescent home, hospital, (chronic care) for the aged: one space for each three beds or home.
(8)
Automotive fuel sales: six spaces minimum.
(9)
Golf course: 30 spaces minimum.
(10)
High school, college or university: one space for each classroom, laboratory instruction area, plus one space for each three students accommodated in the institution.
(11)
Hospital (acute care): one space for each two beds.
(12)
Hotel or motel: one space for each room, unit, or guest accommodation, plus specified requirements for restaurants and related facilities.
(13)
Library or museum: ten spaces, plus one space for each 300 square feet of total floor area.
(14)
Manufacturing, processing or repairing: one space for each two employees or one space for each 1,000 square feet of total floor area, whichever is greater.
(15)
Offices, general: one space for each 200 square feet of total floor area.
(16)
Recreational, private, or commercial area: one space for each four persons to be or building (other than listed) normally accommodated in the establishment.
(17)
Restaurant or cafeteria: one space for every three seats under maximum seating arrangement.
(18)
Retail or personal service: one space for each 200 square feet of total floor area.
(19)
Furniture stores and appliance stores: one space for each 500 square feet of total floor area.
(20)
Schools, elementary, or junior high: one space for each classroom, plus one space for each four seats in any auditorium, gymnasium or other place of assembly.
(21)
Storage or warehousing: one space for each two employees or one space for each 1,000 square feet of total floor area, whichever is greater.
(22)
Theaters, meeting rooms, and places of public assembly: one space for each three seats.
(23)
Shopping center or mall: one space for each 250 square feet of total floor area.
(24)
Motor vehicle service repair or garage: one space for each 500 square feet of total floor area minimum of five spaces.
(25)
Beauty and barber shops: one space for each 100 square feet of total floor area.
(26)
Miniwarehouse: one space for each 300 square feet of office floor area plus one space for each 3,000 square feet of storage floor area.
(27)
Automobile/truck rental service: one space per rental unit (including automobiles, trucks, or trailers) and a minimum of one space for each 200 square feet of floor area.
134-115
Special off-street parking requirement.
(a)
In computing the parking requirements for any building or development the total parking requirements shall be the sum of the specific parking space requirements for each class of use included in the building or development.
(b)
In the SFE, SFR, SF16, SF10, SF7, SFA, 2F, MF1, MF2, MHP, and MH districts, no parking space, garage or carport or other automobile storage or structure shall be used for the storage of any truck, truck trailer, or van exceeding 1½ ton capacity.
(c)
In the SFE, SFR, SF16, SF10, SF7, SFA, 2F, MF1, MF2, MHP and MH districts, a boat or recreational vehicle may be parked or stored on the residential premises of the owner, provided that the boat or recreational vehicle is at least ten feet from any property line.
(d)
Floor area of structures devoted to off-street parking of vehicles shall be excluded in the computing of off-street parking requirements.
(e)
Private access drives to parking lots to serve nonresidential uses shall not be through residential districts.
(f)
Lighting of off-street parking areas will be located so as to provide adequate safety and security for the parking area.
134-120
Handicapped parking spaces.
(a)
In each parking facility in zones MF1, MF2, NS, GR, CC, C, and I, a portion of the total parking shall be specifically designed, located, and reserved for vehicles licensed by the state for use by the handicapped. These spaces will be provided according to the following schedule:
Total Spaces in Lot | No. of Required Handicapped Spaces |
|---|---|
Up to 25 | 1 |
26 to 50 | 2 |
51 to 75 | 3 |
76 to 100 | 4 |
101 to 150 | 5 |
151 to 200 | 6 |
201 to 300 | 7 |
301 to 400 | 8 |
401 to 500 | 9 |
Over 500 | 2 percent of total |
(b)
Each parking space designated for use by the handicapped shall consist of a rectangular area not less than 12.6 feet wide by 18 feet long, with a vertical clearance of 7.6 feet.
(c)
Each designated handicapped parking space shall be located in an area not exceeding a two percent slope, and shall be located rear and convenient to a level or ramped entrance accessible to handicapped persons.
(d)
Parking spaces for the handicapped shall be marked in accordance with state law and restricted for use by the handicapped only.
(e)
Care in planning shall be exercised so that individuals in wheelchairs and individuals using braces and crutches are not compelled to wheel or walk behind parked cars.
134-125
Parking requirements for new or unlisted uses.
(a)
Where questions arise concerning the minimum off-street parking requirements for any use not specifically listed, the requirements may be interpreted as those of a similar use.
(b)
Where a determination of the minimum parking requirements cannot be readily ascertained for new or unlisted uses according to 134-105 and 134-110 above or where uncertainty exists, the minimum off-street parking requirements shall be established by the same process as provided in section 18, classification of new and unlisted uses.
§ 135 Off-street loading regulations.
135-100
Generally.
Except in the CC district, all retail, commercial, industrial, and service structures shall provide and maintain off-street facilities for receiving and loading merchandise, supplies, and materials within a building or on the lot or tract. Such off-street loading space may be adjacent to a public alley or private service drive or may consist of a truck berth within the structure. Such off-street loading space or truck berth shall consist of a minimum area of ten by 45 feet and the spaces or berths shall be provided in accordance with the following schedule:
Square Feet of Gross Floor Area in Structure | Minimum Required Spaces or Berths |
|---|---|
0—5,000 | None |
5,000—15,000 | 1 |
15,000—40,000 | 2 |
40,000—65,000 | 3 |
65,000—100,000 | 4 |
Note: The existence of a 20-foot alley adjacent to the property shall be the equivalent of one berth. |
§ 136 Temporary use regulations. [1]
136-100
Temporary uses generally.
a.
Temporary uses under this section include special events, carnivals and circuses, seasonal uses, holiday sales, temporary outdoor sales and stationary food vendors.
b.
All sale items, equipment, trash, signs, lighting and shelters shall be removed by the holder of the permit for the temporary use no later than two days following the permit expiration.
c.
All temporary uses on private property require written approval by the property owner.
d.
Any temporary structure associated with the use must comply with the city's building regulations (chapter 10, article XII of the city code of ordinances).
e.
All temporary structures shall be removed within two days after permit expiration.
f.
City permit is required for such temporary uses and shall be visibly posted on the temporary structure or at the temporary use site with the renewal/expiration date on it.
g.
A permit fee shall be paid in accordance with the city fee schedule.
h.
The following persons shall be exempt from the provisions of this section:
1.
Persons who are engaged in expressive or associative activities which are protected by the United States and Texas Constitutions, including freedom of speech, press, assembly, and the right to petition.
2.
Individuals who are soliciting donations on behalf of organized charities such as bell ringers for the Salvation Army.
136-101
Special events.
Special events are defined as a fund raising activity or event for churches and other nonprofit organizations. These events shall include, but not be limited to, auctions, second hand goods sales, bake sales, parades and car washes, etc. The following conditions shall apply:
a.
A special event permit shall be required.
b.
The duration of the special event permit shall be for a maximum of three consecutive days.
c.
A special event is permitted in any zoning district with an approved permit.
d.
Adequate parking and sanitary facilities shall be made available to the satisfaction of the community development director or designee and/or code enforcement officer.
e.
In case of a large event requiring street closures or public resources the city's street closure committee shall establish the terms and conditions for the special event at the time of approval.
f.
In the event that a permit applicant is dissatisfied with the city's street closure committees decision, the applicant may appeal the requested terms and conditions to the planning and zoning commission and city council.
136-102
Carnivals and circuses.
Carnivals and circuses shall be permitted as follows:
a.
The duration of the permit for a carnival or circus shall be for a period not exceeding ten consecutive days.
b.
Such events shall be on a site in the A, NS, GR CC, C or I zoning districts.
c.
Adequate parking and sanitary facilities shall be made available to the satisfaction of the city's street closure committee.
d.
No carnival or circus shall begin operation before [8:00]a.m. and operation shall cease before 11:00 p.m. on all nights except on Saturday when the event shall cease operation at midnight.
e.
The city's street closure committee shall establish the terms and conditions for a permit for a carnival or circus at the time of approval.
f.
In the event that an applicant is dissatisfied with the city's street closure committees decision, the applicant may appeal the requested terms and conditions to the planning and zoning commission and city council.
136-103
Seasonal uses.
A permit for a seasonal use shall be granted only for farmers markets and snow cone stands. These shall be permitted as follows:
a.
The duration of the permit shall be for a period between April 1st and October 31st.
b.
Such events shall be on a site in the A, NS, GR CC, C or I zoning districts.
c.
Adequate parking and sanitary facilities shall be made available to the satisfaction of the community development director or designee and/or code enforcement officer.
136-104
Holiday sales.
Permits for holiday sales shall be granted only for Christmas tree sales or Halloween pumpkin stands. These shall be permitted as follows:
a.
The duration of the permit shall be for a period not exceeding 40 days prior to the holiday event and two days after the holiday event.
b.
Such events shall be on a site in the A, NS, GR CC, C or I zoning districts.
c.
Adequate parking and sanitary facilities shall be made available to the satisfaction of the community development director or designee and/or code enforcement officer.
136-105
Temporary outdoor sales.
Temporary outdoor sales are defined as any temporary outdoor sales event that is not classified as a special event, seasonal use, holiday sales or stationary food vendor. These temporary uses shall be permitted as follows:
a.
They shall only be permitted on properties in the A, NS, GR, CC, C, or I zoning districts.
b.
Temporary outdoor sales will only be conducted by the existing occupants of existing businesses on the property where the sales will be held.
c.
The duration of a temporary outdoor sale shall not exceed 30 days upon the application and granting of a temporary use permit. In no event shall any temporary outdoor sales be allowed for more than 30 consecutive days for more than once per year for each property (lot, tract or parcel).
d.
Adequate parking and sanitary facilities shall be made available to the satisfaction of the community development director or designee and/or code enforcement officer.
e.
All sales shall meet the special conditions, if any imposed by the code enforcement officer and/or fire marshal for the protection of the public health, safety and welfare.
f.
No tent or similar structure shall be erected in any required setbacks or designated easements. Tents shall conform to the Uniform Fire Code and no tent shall be erected without first obtaining a permit. No use of property, for temporary outdoor sales, will be allowed except by the existing occupants of the property. This includes parking of vehicles for a purpose other than conducting business on the premises.
136-106
Stationary food vendors.
Stationary food vendors are defined as food vendors with temporary structures that are stationary at one location. These stationary food vendors shall be permitted as follows:
a.
Stationary food vendors shall only be permitted on properties in the C, or I zoning districts.
c.
Adequate parking and sanitary facilities shall be made available to the satisfaction of the community development director or designee and/or code enforcement officer.
d.
All stationary food vendors shall meet the special conditions, if any imposed by the code enforcement officer and/or fire marshal for the protection of the public health, safety and welfare.
e.
Mobile food vendors shall be regulated by a separate ordinance and not permitted through the zoning ordinance.
[1]
Editor's note—Ord. No. B-582(C0210), adopted Feb. 15, 2010, also repeated former § 43, which pertained to special event and temporary use regulations and derived from Ord. No. B-582, adopted 9-11-1997.
§ 137 Antenna facilities.
137-100
Purpose.
Certain radio equipment used in transmitting and receiving signed energy are essential and are deemed to promote the health, safety and general welfare of the citizens of the city. The placement of such equipment shall be located such that the health, safety, welfare, and aesthetic quality of the community shall not be compromised. Therefore the regulations governing the location of such equipment shall consider the aesthetic quality of the community equal to the health, safety, and general welfare of the community. The antennas, masts and towers hereinafter enumerated shall not be deemed violations of this ordinance when made under the conditions herein provided.
137-105 ANTENNA ANTENNA, BUILDING ATTACHED ANTENNA FACILITY ANTENNA, MICROWAVE ANTENNA, PANEL ANTENNA, WHIP COLLOCATION EQUIPMENT STORAGE LATTICE TOWERS MONOPOLE SATELLITE RECEIVE-ONLY ANTENNA
Definitions.
The following definitions shall apply:
A device used in communications which transmits or receives radio signals.
Antenna attached to existing structures in two general forms:
A building or independent support structure and the antennas mounted thereon, along with an associated and necessary equipment building.
Also known as "dish" antenna. A dish-shaped antenna used to link communications sites together by wireless transmission of voice or data, utilizing electromagnetic radiation frequencies from 3.0 GHz to 300 GHz; and using relatively low transmitter power levels when compared to other forms of transmission.
Also know as "directional" antenna. An antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antenna are typically flat, rectangular devices approximately six square feet in size.
Also know as omnidirectional antenna). Shaped cylindrically, whip antennas have diameters between two and six inches, and measure between one and 18 feet in height. They are used to emit signals in a 360 degree horizontal plane and a compressed vertical plane.
The act of locating wireless communications equipment from more than one provider on a single antenna facility.
A small unmanned, single story equipment building less than 500 square feet in size used to house radio transmitters and related equipment.
A tower having three or four support steel legs and hold a variety of antennas. These towers range from 60 to 200 feet in height and can accommodate a variety of users.
An antenna facility composed of a single spire used to support communications equipment. No guy wires are used or permitted.
An antenna that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna or satellite earth station antenna.
137-110
Residentially zoned districts; amateur radio equipment, and TV antennas.
Amateur radio equipment, (including ham radio and CB equipment) and personal use TV antennas shall be allowed in the SFE, SF16, SF10, SF7, SFA, 2F, MF1, MF2, MH, and MHP zoning districts if it complies with the following regulations:
(a)
Antenna facility may be building attached, monopoles, or lattice towers.
(b)
Only one antenna facility per lot of record.
(c)
An antenna facility, exclusive of the height of any antenna or mast, shall not exceed 35 feet in height; provided, however, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of a accessory building in the zoning district regulations contained in section 132-115, accessory building and structure yard regulations of the zoning ordinance. Regardless of the above, the maximum height for a tower permitted without a specific use permit in any residential district shall be 65 feet.
(d)
The height of an antenna, including the height of any antenna facility to which they may be fastened or attached shall not exceed 65 feet in height without a specific use permit.
(e)
An antenna not fastened to a antenna facility shall not exceed 50 feet without a specific use permit, except for an antenna which does not extend more than eight feet above a building on which it is mounted.
(f)
A antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer's designs and specifications for maximum wind load requirements.
(g)
Setbacks:
(1)
Antennas and antenna facilities shall not be permitted in front or side yards. Guy wires are not permitted in front yards.
(2)
Guy wires are permitted in required side and rear yards.
(3)
Setback for antenna facilities shall be the same as is required for accessory buildings in residential districts.
(h)
Separation: There shall be no minimum or maximum separation requirements for antenna facilities from other structures on the same lot of record.
(i)
Antenna facilities shall not be permitted in any easement.
(j)
Lights: No auxiliary or outdoor lighting shall be allowed on antenna facilities located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Authority or the Federal Communications Commission.
(k)
Construction standards: A building permit must be obtained prior to the construction and/or installation of an antenna facility. Antenna facilities must be installed as per the manufacturers recommendations or under the seal of a registered professional engineer of the State of Texas. Regardless of the above, all such antenna facilities must meet the Electronic Industries Association Standard EIA-222-D, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and the building code.
(l)
Maintenance: Antennas and/or antenna facilities obviously not in use or obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property, and public welfare.
(m)
No part of an antenna facility or any attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility.
(n)
Owners of any antenna or antenna facility must sign a notarized statement that they acknowledge and accept that a minimum amount of $300,000.00 liability insurance that covers the antenna or antenna facility must be maintained at all times and that proof of such insurance coverage can be demanded to be provided to the city upon three working days notice to the owner. Such notarized statement and, if the antenna, or antenna facility is capable of transmitting, a copy of their Federal Communications Commission license(s) must be provided prior to the issuance of a building permit.
(o)
No permit shall be issued for the installation of an antenna, antenna facility on a multifamily structure or property unless a notarized statement of permission from the owner is presented to the building department.
(p)
All antennas antenna facility shall be subject to an inspection every five years by a qualified expert, such inspection to be conducted and charged for by the city in accordance with provisions in the building code.
(q)
A specific use permit must be obtained in the SFE, SF16, SF10, SF7, SFA, 2F, MF1, MF2, MH, and MHP zoning districts for any antenna facility which does not comply with the regulations specified hereinabove.
137-120
Commercial or industrial zoned districts.
Radio, television, microwave broadcast relay, receiving towers and transmission and re-transmission facilities, satellite receiving only earth stations (home dish antenna) and any electronic emission equipment of a commercial nature shall be allowed in the NS, GR, CC, C and I zoning districts if it complies with the following regulations:
(a)
Only one antenna facility per lot of record.
(b)
Antenna facilities shall be limited to building attached and monopoles only.
(c)
An antenna facility, exclusive of the height of any attached antenna, shall not exceed 35 feet in height; provided, however, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of a accessory building in the zoning district regulations contained in section 132-115, accessory building and structure yard regulations of the zoning ordinance. Regardless of the above, the maximum height for an antenna facility permitted without a specific use permit in any NS, GR, CC, C and I district shall be 65 feet.
(d)
The height of an antenna, including the height of any antenna facility to which they may be fastened or attached shall not exceed 65 feet in height without a specific use permit.
(e)
An antenna not fastened to an antenna facility shall not exceed 50 feet, except for an antenna which does not extend more than eight feet above a building on which it is attached.
(f)
An antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer's designs and specifications for maximum wind load requirements.
(g)
Setbacks:
1.
Antennas and antenna facilities shall not be permitted in front or side yards.
2.
Antennas and antenna facilities shall be setback from residential districts a minimum distance equal to two times the height of the tower, but in no instance shall the setback be less than 200 feet from any residentially zoned district.
(h)
Separation: There shall be no minimum or maximum separation requirements for antenna facilities from other structures on the same lot of record. With the exception of structure mounted antenna, there shall be a separation of 1,500 feet from antenna facilities.
(i)
Antenna facilities shall not be permitted in any easement.
(j)
Lights: No auxiliary or outdoor lighting shall be allowed on antennas located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Authority or the Federal Communications Commission.
(k)
Construction standards: A building permit must be obtained prior to the construction and/or installation of a tower, antenna or mast. Antenna facility must be installed as per the manufacturer's recommendations or under the seal of a registered professional engineer of the State of Texas. Regardless of the above, all such antenna facility and antennas must meet the Electronic Industries Association Standard EIA-222-D, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and the building code.
(l)
Maintenance: Antenna facility and antennas obviously not in use or obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property, and public welfare.
(m)
No part of an antenna facility and antennas or any attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility.
(n)
Owners of any antenna or antenna facility must sign a notarized statement that they acknowledge and accept that a minimum amount of $300,000.00 liability insurance that covers the antenna or antenna facility must be maintained at all times and that proof of such insurance coverage can be demanded to be provided to the city upon three working days notice to the owner. Such notarized statement and, if the antenna, or antenna facility is capable of transmitting, a copy of their Federal Communications Commission license(s) must be provided prior to the issuance of a building permit.
(o)
No permit shall be issued for the installation of an antenna, antenna facility on a multifamily structure or property unless a notarized statement of permission from the owner is presented to the building department.
(p)
All antennas, or antenna facilities shall be subject to an inspection every five years by a qualified expert, such inspection to be conducted and charged for by the city in accordance with provisions in the building code.
(q)
A specific use permit must be obtained in the NS, GR, CC, C and I zoning districts for any antenna or tower which does not comply with the regulations specified hereinabove.
137-125
Written report upon denial of request.
The City of Burleson shall document any denial of a request to place, construct, or modify personal wireless service facilities in writing. Such documentation shall be supported by substantial evidence within the written record.
137-130
Satellite receive-only antennas generally.
Satellite receive-only antennas assist individuals in the receipt of satellite transmitted television signals. Satellite receive-only antennas shall not be deemed violations of this ordinance when made under the conditions herein provided. Such conditions are hereby found to be reasonable and clearly defined health, safety and aesthetic objectives.
137-135
Satellite receive - only antennas.
A satellite receive only antenna shall be allowed if it complies with the following:
(a)
The satellite receive - only antenna is two meters or less in diameter and is located or proposed to be located in any area where commercial or industrial uses are generally permitted by non-federal land use regulations; or
(b)
The satellite receive - only antenna is less than one meter in diameter in any zoning district.
137-140
Satellite receive-only antennas (greater than one meter in diameter in residential districts and two meters in diameter in commercial or industrial districts).
Satellite receive-only antennas shall be allowed in any zoning district if it complies with the following regulations:
(a)
Only one satellite receive-only antenna per lot of record.
(b)
A satellite receive-only antenna shall not exceed ten feet in height.
(c)
Setbacks:
1.
Front and side: Satellite receive-only antennas shall not be permitted in front or side yards.
2.
Side: Satellite receive-only antennas shall be permitted in yards provided they meet the minimum setback as is required for accessory buildings in residential districts and as for all buildings in nonresidential districts.
(d)
Separation: There shall be no minimum or maximum separation requirements for satellite receive-only antennas from other structures on the same lot of record.
(e)
Satellite receive-only antennas shall not be permitted in easements.
(f)
Lights: No auxiliary or outdoor lighting shall be allowed on satellite receive-only antennas except such lights or lighting as may be required by the Federal Aviation Authority or the Federal Communications Commission.
(g)
Construction standards: A building permit must be obtained prior to the construction and/or installation of a satellite receive-only antenna. Satellite receive-only antennas must be installed as per the manufacturers recommendations or under the seal of a registered professional engineer of the State of Texas.
(h)
Maintenance: Satellite receive-only antennas obviously not in use or obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the building official to safeguard life, limb, health, property, and public welfare.
(i)
No part of a satellite receive-only antenna or any attachment thereto may extend beyond the property lines of the owner of such satellite receive-only antenna.
(j)
No permit shall be issued for the installation of a satellite receive-only antenna on a multifamily structure or property unless a notarized statement of permission from the owner is presented to the building department.
(k)
All satellite receive-only antennas shall be screened from view from adjoining properties by fencing or evergreen plants. A satellite receive-only antenna located within a fence surrounding the yard in which the satellite receive-only antenna is located shall be considered to be screened.
(l)
A specific use permit must be obtained for any satellite receive only antenna, which does not comply with the regulations specified hereinabove.
137-150
Specific use permit.
A specific use permit must be obtained for any antenna, tower, and/or satellite receive-only antenna which does not comply with the regulations specified in section 137-100 through 137-140, hereinabove. In considering whether to grant a specific use permit from the regulations specified above, the following shall be considered:
(a)
The effect on the value of the surrounding property.
(b)
The potential for interference with the enjoyment of the use of surrounding properties.
(c)
Aesthetics.
(d)
The necessity of the specific use permit for the public health, safety and welfare of the citizens or for governmental purposes.
(e)
The zoning district and the adjoining zoning districts of the property for which the specific use permit is sought.
(f)
The provisions of 47 CFR 25.104 which preempt local zoning or other regulations that differentiate between satellite receive-only antennas and other types of antenna facilities unless such regulations:
1.
Have a clearly defined health, safety or aesthetic objective; and
2.
Furthers the stated health, safety or aesthetic objective without unnecessarily burdening the federal interest in ensuring access to satellite services and in promoting fair and effective competition among competing communications service providers.
(g)
The unique conditions that govern reasonable reception on any given lot.
(h)
To properly evaluate all applications to locate commercial antennas or towers which do not comply with the regulations specified hereinabove the following information must be provided by the applicant:
1.
Describe the nature of the antenna site. Indicate whether the proposed structure a monopole or mounted to a self-supporting structure. Indicate the proposed height.
2.
Provide photos or drawings of all equipment, structures and antenna.
3.
Describe why the antenna or tower is necessary.
4.
State the name(s) of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user.
5.
Indicate if this antenna or tower site be connected to other sites; and if so, describe how it will be connected and who will be the back haul provider.
6.
The applicant must address whether or not they have made an effort to collocate the facilities proposed for this antenna or tower on existing towers or facilities in the same general area. Please identify the location of these existing sites. If yes, please describe in detail these efforts and explain in detail why these existing sites were not feasible. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage. Provide written documentation from existing sites owners and/or operators which confirm the statements provided. Indicate whether or not the existing sites allow/promote collocation and, if not, describe why not.
7.
Indicate whether or not collocation will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis for each reason.
8.
If the requested location is in a residential district the applicant must address whether or not they have made an effort to locate the facility in a commercial or industrial district. Please identify the location of these commercial and or industrial district sites. Please describe in detail these efforts and explain in detail why these commercial or industrial district sites were not feasible. Attach all studies or tests performed which demonstrate why the commercial or industrial sites will not provide sufficient signal coverage. Provide written documentation from commercial or industrial district sites' owners and/or operators which confirm the statements provided.
9.
Indicate the proposed providers current coverage area for the city. Attach maps showing the areas the proposed providers existing antenna currently cover, the areas the applicant's existing sites and other existing sites would cover, and the areas the applicant's existing sites and the requested site would cover.
10.
Describe the applicant's master antenna and tower plan for the city. Attach maps and other related documentation. Provide information indicating each phase of the plan.
11.
Describe the applicant's plan to minimize the number of telecommunications antenna and towers needed to cover the city.
The planning and zoning commission will approve a requested application subject to the finding that collocation of this facility with a nearby existing tower facility is technically not feasible and subject to the following conditions:
a.
Applicant will permit collocation of others at the site;
b.
Applicant will configure its antenna and other equipment to accommodate other providers;
c.
Applicant will identify its back haul provider connecting antenna sites; and
d.
Applicant will give notice to the city identifying any providers who collocates to the site and identify their back haul provider.
§ 138 Food trucks.
(Ord. No. CSO#1066-07-2019, §§ 4, 5, 8-5-2019)
(a)
Food truck parks are a permitted use in the following zoning districts in the city:
(1)
A, Agricultural district;
(2)
MF1, Multi-family dwelling district;
(3)
MF2, Multi-family dwelling district;
(4)
NS, Neighborhood service district;
(5)
GR, General retail district;
(6)
CC, Central commercial district;
(7)
C, Commercial district;
(8)
I, Industrial district;
(9)
PD, Planned development district.
(b)
Food trucks are a permitted use in the following non-residential zoning districts in the city:
§ 139 Electric car charging. [1]
(Ord. No. CSO#1124-09-2019, § 1, 11-11-2019)
139-100
Purpose.
Electric car charging stations are parking stalls in which include additional equipment for the purpose of providing electrical energy to charge and/or re-charge electric vehicles. Charging stations provide a range of heavy duty or special connectors that conform to the variety of standards. Electric car charging stations shall be allowable in all zoning districts and shall not be deemed violations of this ordinance when made under the conditions herein provided.
139-110
Residentially zoned districts.
Electric vehicle charging station(s) shall be allowed in the A, SFE, SF16, SF10, SF7, SFA, 2F, MF1, MF2, MH, and MHP zoning districts subject to the following regulations:
(a)
When proposed in a single-family residential zoning district, shall be located within an enclosed garage, shop or accessory structure and be utilized only by the property owner(s) in which the equipment is located.
(b)
Proposed spaces for electric car charging cannot reduce parking requirements for primary use on site by more than five percent.
(c)
When spaces are provided outside of an enclosed facility, each charging station/space shall have appropriate signage indicating the space is only to be used for electric vehicle charging purposes. Signage should also indicate any time limits or tow away provisions to be enforced by the owner.
(d)
Any generator(s) or mechanical equipment installed for the purpose of providing electricity to the charging station, shall be screened in accordance with all provisions referenced in chapter 36, subsection 36-12(d). The screening requirements apply to transformer boxes, generators and/or ground mounted equipment and does not apply to the free-standing charging stations to which vehicles connect.
139-120
Non-residentially zoned districts.
Electric vehicle charging station(s) shall be allowed in the NS, GR, CC, C, and I zoning districts subject to the following regulations:
(a)
The use is accessory to a primary permitted use on site.
(b)
Proposed spaces for electric car charging cannot reduce parking requirements for primary use on site by more than five percent.
(c)
Each charging station/space shall have appropriate signage indicating the space is only to be used for electric vehicle charging purposes. Signage should also indicate any time limits or tow away provisions to be enforced by the owner.
(d)
Any generator(s) or mechanical equipment installed for the purpose of providing electricity to the charging station, shall be screened in accordance with all provisions referenced in chapter 36, subsection 36-12(d). The screening requirements apply to transformer boxes, generators and/or ground mounted equipment and does not apply to the free-standing charging stations to which vehicles connect.
[1]
Editor's note—Renumbered § 139 due to duplicate numbers.