Unless otherwise provided for in this Ordinance, no building shall be erected and no existing buildings shall be moved, structurally altered, added to or enlarged, nor shall any land, building or premises be used, or designated for use for any purpose or in any manner other than provided for hereinafter in the district in which the building, land or premises is located; provided however, that necessary structural repairs may be made where health and safety are endangered; furthermore, no open space surrounding any building shall be encroached upon by a structure or reduced in any manner, unless the same shall conform to the regulations hereinafter designated for the District in which such building or open space is located.

Any type of existing structure(s) that are to be moved into the City of Cottonwood Shores shall have a pre-inspection performed prior to the moval [sic] of the structure or before any permit(s) will be issued. This inspection shall be performed by the City's Building Inspector or their authorized agent, who will perform said inspection(s) (at the owners expense) and submit the findings as to what upgrades must be made and required to bring said structure up to the current adopted International Codes to the City Administrator or their designee. Inspection Fee's shall be paid before permits are issued.

It shall be the responsibility of the Builders, Contractor, Property Owner, or their designee to provide the City of Cottonwood Shores with a current WDI (Wood Destroying Insect) inspection (at the owners expense). This inspection report of findings shall be submitted to the City Administrator or their designee prior to acceptance of the structure being scheduled or permitted to be moved within the City.

No sign or billboard shall be erected, moved, altered, added to, enlarged, painted, or modified unless it conforms to the provisions set forth within the City of Cottonwood Shores Signage Ordinance.

Unless otherwise provided for in this Ordinance, no building, structure or accessory structure shall be erected, converted or enlarged, nor shall any such existing building or structure be structurally altered or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, unless the same shall be done and completed in a manner to comply with all applicable City Codes and Ordinances, and such work and structure shall:

No structure or building shall be erected, converted, enlarged, reconstructed or structurally altered; unless Construction Plans meeting the requirements of this Ordinance have been approved by the City Engineer and/or City Building Official.

No structure or building shall be erected, converted, enlarged, reconstructed, or structurally altered; unless it shall conform to the off-street parking and loading requirements of this Ordinance.

No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered; unless it shall conform to the landscaping and screening requirements of this Ordinance.

No yard or other open space provided around any structure or building for the purpose of complying with provisions of this section shall be considered as providing a yard or open space for a building on any other lot.

All outdoor lighting shall be installed and maintained in compliance with all applicable City Ordinances, including, but not limited to, Ordinance 8009 Dark Sky Lighting. Such lighting shall be located and maintained in a manner as to not be directed onto any public street or adjacent property; except in the case of streetlights, which may be directed onto any public street or property.

Except as otherwise specifically provided in this Ordinance, no building shall be erected or maintained within the required building setbacks set forth herein, or as specified in the following Chart:

The conditions and limitations, setbacks and lot requirements set forth in Chart 1, as applicable to the District governing the proposed base use of the property shall apply within this District; i.e.: if the proposed use of property within the District is a use provided for in the C-2 District, then the conditions and limitations applicable to the C-2 District shall apply to the property.

The maximum percentage of lot area which may hereafter be covered by the main building(s) and all accessory buildings shall not exceed that which is set forth in the following Chart. In the following Zoning Districts, the maximum building lot coverage must conform to the following schedule:

Percentage: Any structure greater than 67% of the main home or exceeding the height of the main home requires an extended permit process and must be approved by the City Council after a review by the City Engineer, for health, safety, and overall compliance with defined portions of this ordinance. Additional permitting costs will be included.

Open off-street parking and loading areas will not be considered as lot coverage under this section.

Floor Area Ratio: Except as hereinafter provided; no building or structure may be erected, added to or altered in such a way as to exceed the maximum floor area ratio standards in the various Zoning Districts as set forth in the following Chart. In the following Zoning Districts, the maximum floor area ratio (F.A.R.) for any building or structure shall be as follows:

Automotive vehicles or trailers not bearing current license plates and State motor vehicle inspection stickers; excluding racing cars, antique cars and cars that belong to members of the Armed Forces who are on active duty; shall be parked or stored in residential areas only in completely enclosed buildings. No vehicle, trailer or major recreational equipment shall be parked or stored on any lot; except when it is enclosed in a building or parked on a driveway or a paved pad which is installed for such purpose and subject to the requirements herein.

Parking Regulations: All structures erected, reconstructed or converted for business, commercial or residential use permitted in this Ordinance, designated on-street and off-street parking spaces shall be provided in a number not less than as provided in Chart 4, set forth hereinafter.

All parking areas and driveways shall be constructed utilizing a hard surface material (i.e.: Concrete, asphalt or similar material)

All parking areas and driveways constructed in rights-of-way shall have an approved culvert or swale as prescribed by the public works department designating size and style.

Handicap Parking: Non-residential handicap parking requirements are a minimum of one space for up to fifty (50) parking spaces, then one additional space for up to one hundred (100) spaces, then one space per one hundred (100) spaces up to five hundred (500); over five hundred, one (1) percent of the total parking spaces available shall be dedicated to handicapped parking. Dimensional requirements are twelve feet (12') of width and eighteen feet (18') of depth per handicap space. The location and design of handicapped parking spaces shall be as required by Ordinance and State and Federal Law.

Maximum Parking: The maximum number of parking spaces for a commercial or industrial use area shall not exceed 150% of the parking required pursuant to Chart 4.

Reduction of Parking: The total number of required motor vehicle parking spaces for a nonresidential use may be reduced by 5% for each of the activities listed below provided by the owners or operators, up to a maximum 10% reduction in the total number of motor vehicle spaces:

Uses within each District are restricted solely to those uses expressly permitted in each District and are not cumulative unless so stated.

Nothing in this section shall prohibit the approval of a comprehensive zero lot of line residential development or other innovative housing development in compliance with the other terms and provisions of this Ordinance.

To the extent required by State or Federal Law, a personal care facility is an additional permitted use in any zoning district; provided that:

Shall apply to all Modular, Mobile, or Manufactured Homes, Structures, Accessory Structure, or Building Structures assembled, constructed, or installed above or partially above the ground level.

The City is hereby divided into fourteen (14) [eighteen (18)] zoning districts, the use, height and area regulations as set out herein shall be uniform in each district. The fourteen (14) [eighteen (18)] districts established shall be known as:

The location and boundaries of the Districts herein established are shown upon the Zoning Map, which is hereby incorporated and made a part of this Ordinance; provided that such uses as listed but not shown on the zoning map are provided for future growth and use upon amendment of the Comprehensive Plan. The City Building Official maintains the Zoning Map together with all notations, references and other information shown thereon and all amendments thereto.

Where uncertainty exists with respect to the boundaries of the established districts as shown on the Zoning Map, the following rules shall apply:

Rezoning of property(ies) within the City of Cottonwood Shores shall require pre-approval by the city administrator or their designee. (See Fees Below)

A public hearing shall be conducted prior to rezoning. Such public hearing shall be published in the official city newspaper a minimum of 10 to 15 days prior to the public hearing, stating date and time of public hearing.

Notices shall also be sent to all parties within 200 feet of said property to be rezoned, notifying them of the request, the date and time of the public hearing.

An Ordinance of the rezoning changes shall be presented and approved by the City Council.

Notice of the passing or approval of the ordinance shall be placed in the official city newspaper.

Developer, Contractor or Property Owner requesting zoning or rezoning must provide a detailed list of properties to be zoned or rezoned, including data of filed property(ies) indicating acreage tract size, Lot number, sections, as well as Volume and page numbers of the plat records of Burnet County. (See Example of Data Below)

Reapplication made by a property owner/developer/builder for a classification request, that was previously denied by the City Council or withdrawn by the owner/developer/builder, shall not be accepted within a 12-month period from the date of previous denial or withdrawal.

Applicable Fees for zoning or rezoning are as follows:

Amendment to zoning map (rezoning): $1,500.00.

Concept Plan Review: Concept plan review: $5,000.00, when required as part of a rezoning or PUD amendment application. Review beyond the 3rd review cycle (i.e., 4th submittal) will incur an additional fee of $500.00 per additional review.

Amendment to zoning text: Amendment to zoning text $1,500.00 and $2,000.00 legal deposit. The applicant shall provide an initial deposit to cover third-party review fees incurred by the city. If the actual cost of these fees is less than the deposit, the applicant will be reimbursed the balance; if it exceeds the deposit the applicant is responsible for the balance prior to amendment approval. Other Professional review fees may be added.

New Zoning District: Establishment of a new zoning district: $150.00 per acre (minimum 80 acres) and $5,000.00 legal and engineering deposit. The applicant shall provide an initial deposit to cover third-party review fees incurred by the city. If the actual cost of these fees is less than the deposit, the applicant will be reimbursed the balance; if it exceeds the deposit the applicant is responsible for the balance prior to amendment approval. Other Professional review fees may be added.

Vested rights petition: $750.00 and $2,000.00 legal deposit. The applicant shall provide an initial deposit to cover third-party review fees incurred by the city. If the actual cost of these fees is less than the deposit, the applicant will be reimbursed the balance; if it exceeds the deposit the applicant is responsible for the balance prior to amendment approval. Other Professional review fees may be added.

Zoning variance: $500.00 per request. Each section of code from which a deviation is necessary is a separate request and must be approved by the Board of Adjustment.

Appeal of administrative action: $500.00.

Special exception: $500.00.

Public hearing postponement: $350.00 and publication and notification fees as applicable for renoticing. Fee shall be charged when an applicant requests postponement of a public hearing for an application after the public hearing notice has been sent to the newspaper for publication or notification letters have been sent to property owners.

All territory hereafter annexed to the City shall be automatically classified as Residential District "R-1," pending subsequent action by the Commission and Council for permanent zoning; provided that upon application, by either the City or the property owner of the land being annexed, for zoning other than Agricultural, notice may be given and hearings held in compliance with Chapter 211 of the Texas Local Government Code and, upon annexation, such property may be permanently zoned as determined by the City Council after considering the Commission's recommendation.

In an area temporarily classified as Residential District "R-1," no permits for the construction of a building or use of land other than uses allowed in said District under this Ordinance shall be issued by the City Building Official.

Single-family dwellings.

Manufactured/Mobile Homes, M-1, in accordance with this Ordinance.

Farm accessory buildings, garden, orchard, plant nurseries and truck gardens; each limited to the propagation and cultivation of plants; provided no retail or wholesale business is conducted on the premises.

Ranches, dairy farms, stables, riding academies and roping arenas; including the feeding, raising and breeding of agricultural livestock; excepting commercial feed lots. No poultry or livestock other than household pets shall be housed within fifty (50) feet of any property line.

Parks, playgrounds, community buildings and other public recreational facilities that principally retain the original natural state of the land; owned and/or operated by the Municipality or other governmental entity.

Water supply reservoirs and pumping plants when screened from public view.

Accessory buildings and uses as follows:

Permits detached single-family dwellings with a minimum of 1,200 square feet of living area and related accessory structures, on a minimum lot size of 5,000 square feet. Residential structures less than 1,200 square feet require approval by the City Building Inspector and a variance by the Board of Adjustments. Total square footage of a residential structure, including attached or detached garage/carport, may not exceed more than 50% of the square footage of the building lot site.

Structures shall be constructed (on site) utilizing conventional wood or steel framing, in accordance with the International Building Codes.

Manufactured, Mobile, or Modular Homes, as defined in this Ordinance, are only allowed in "M-1" and M-2" zoned districts.

Parks, playgrounds, community buildings and other public recreational facilities, which are owned and/or operated by the Municipality or other public agency.

Public buildings, including libraries, museums, churches, police and fire stations.

Real estate sales offices during the development of a residential subdivision but not to exceed two (2) years. Display dwellings with sales offices, if said display dwellings are not moved or converted to a permitted use within a period of one (1) year, specific permission must be obtained from the City Council for said display houses to remain.

Temporary buildings for uses incidental to construction work on the premises, which buildings shall be removed upon the completion or abandonment of construction work.

Water supply reservoirs, pumping plants and towers.

Accessory Structures and Uses customarily incident to the above uses and located on the same lot therewith, not involving the conduct of any business or commercial enterprise.

Allow detached single-family residences and duplexes with a minimum of 1,000 square feet of living area and permitted accessory structures on a minimum lot size of 7,200 square feet.

As set forth in Section 2.06(c).

See Section 2.06(d).

Permits attached single-family structures with a minimum of 800 sq. feet of living area and permitted accessory structures generally known as apartments, with buildings not exceeding 3 stories, not more than 21 units per acre.

The following site development regulations shall be applicable to Apartment Buildings and property zoned Multifamily Residential, District "R-3":

An open space district is a tract of land provided as a general benefit for the community. Common open space must be usable for recreational purposes or must provide visual and environmental amenities. The uses authorized for the common open space should be appropriate to the scale and character of the surrounding development; considering its size, density, expected population, topography and the number and type of dwellings to be provided. As a minimum, the total open space shall not be less than what is required for parks in the Subdivision Ordinance. Common open space should be improved for its intended use, but open space containing natural features worthy of preservation may be left unimproved. Any buildings, structures and improvements to be located in the common open space must be appropriate to the uses which are intended therefore and must conserve and enhance the amenities of the common open space; having regard to its topography and the intended function of the common open space.

The uses permitted for this District are:

Permitted secondary uses are as follows:

Caretaker residence.

Maintenance buildings required to house equipment and material to maintain the site.

See Chart 1.

See Chart 4.

Manufactured/mobile homes.

No manufactured/mobile/modular home may be located in any District other than "M-1" or "M-2."

The installation, occupancy and maintenance of manufactured/mobile/modular homes in the "M" district shall be subject to the following provisions.

The average depth of the lot shall be no less than one hundred (100) feet; except a corner lot, having a minimum width of not less than fifty (50) feet may have an average depth of less than one hundred (100) feet provided that the minimum depth is no less than fifty (50) feet.

Property and areas of the City zoned "M-2" may be planned, used, approved, platted and occupied as a Manufactured/Mobile Home Park with lots held under common ownership and rented or leased to individual tenant occupants. Land and areas of the City zoned "M-2" and having an approved subdivision plat may be used for manufactured/mobile homes having a minimum of 600 square feet of living area.

One manufactured/mobile home on each approved space or lot.

Accessory buildings located on a lot for use by the owner or occupant of a structure that is located on such lot may not exceed or be larger than the prescribed square footage as set forth in Article 2; Section 2.01(k): Chart 2.

Recreational, civic and/or commercial facilities designed for exclusive use of the occupants of the Manufactured/Mobile Home Park.

Accessory buildings for use by the owner or manager of the Manufactured/Mobile Home Park.

One single-family dwelling on a 5,000 square feet or larger lot for use as the owner's or manager's residence.

See Chart 1.

See Chart 4.

Design requirements: A development designed as a manufactured/mobile home park shall meet all requirements of the City's Subdivision Ordinance. The development shall include amenities and be designed for the explicit purpose of renting or leasing of sites and shall not be construed to permit the sale of such spaces or lots.

Conversion: At no time may a manufactured/mobile home park be converted to a manufactured/mobile home subdivision without first complying with all requirements of the city subdivision ordinance than in effect, receiving approval by the City Council, and being rezoned to M-2.

Thru Traffic: No through traffic shall be permitted in a Manufactured/Mobile Home Park.

Perimeter Fence: A perimeter privacy fence shall be required, unless otherwise approved by the Commission.

The installation, occupancy and maintenance of manufactured/mobile homes in the "M-2" district shall be subject to the following provisions: See Section 2.18(d); the addition of garages, carports and additional living area when permitted.

See Section 2.18(e).

This district is intended to provide appropriate areas for uses that provide important community services often requiring large amounts of land. Uses permitted in the GUI District generate a large amount of traffic. Only land abutting a major street that can be used for access shall be considered appropriate for GUI classification. An appropriate site should also contain adequate space for required off-street parking and buffering.

Facilities owned and operated by the Federal Government, the State or political subdivisions thereof, including public grounds;

Fire stations and safety services;

Schools; public, denominational, kindergarten, pre-school, college, University, dormitory and group student housing;

Uses required by public utilities, railroad spur and tracts and public transportation services;

Public Athletic fields, stadium, sports facilities, playgrounds, neighborhood park, greenbelt, recreational centers, community centers and swimming pools;

Churches, Rectories and places of worship; and

Accessory uses customarily incidental to any of the foregoing permitted uses.

Cemeteries;

Cultural services;

Halfway houses and institutions for the care of substance dependent persons;

Non-profit institutions or non-profit social clubs providing a charitable or philanthropic beneficial community service are permitted with a conditional use permit first being obtained; not including any jail, penal or mental institution;

Public Zoos[.]

See Chart 1.

See Chart 4.

This district allows a mix of commercial uses including; retail, office, light commercial and similar uses; excluding residential and multifamily. This District allows the retail sale of goods and products (in the following listed use areas) to which value has been added on-site, including sales of goods and services outside of the primary structure as customary with the uses specifically listed, and the following:

Automobile repair (minor), neighborhood automobile service station, gasoline station (full and limited), filling or retail service station and garage (commercial);

Automobile repair (major), auto sales (outdoor) and auto sales facilities;

Banks, savings and loans, credit unions and financial services;

Bar, night club, private club, dance hall and social club with alcoholic beverage sales (must comply with the conditions and limitations or obtain a conditional use permit);

Business and commercial schools;

Cemetery with a conditional use permit.

Convenience stores, retail food store, grocery stores and supermarkets (including the sale of alcoholic beverages and/or gasoline must comply with the conditions and limitations or obtain a conditional use permit);

Hotels, tourist homes, and motels;

Manufactured/mobile housing sales and service;

Packaging of honey, herbs, spices and peppers produced in the region; limited to small business operations having less than five thousand (5,000) feet² of enclosed building area and not more than five (5) employees on-site;

Permanent Camping Sites - a specific area set aside for non-vehicular camping;

Personal service uses including barber shops, beauty parlors, photographic or artist studios, messengers, newspaper or telegraphic agencies, dry cleaning and pressing substations, dressmaking, tailoring, shoe repairing, repair of household appliances, electronics and bicycles, catering and other personal service uses of similar character.

Public Utilities substations.

Recreational Vehicle Parks;

Restaurants, cafes or cafeterias, drive-in eating establishments (no alcoholic beverage sales).

Restaurant, cafe or cafeteria, drive-in eating establishment with alcoholic beverage sales (with conditional use permit).

Telephone exchanges, postal facilities and communication services.

Veterinary services and hospitals.

Uses as determined by the Commission and the Council which are closely related and similar to those listed and that are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from listed uses permitted, such permitted uses being generally retail trade, service industries that store and distribute goods and materials and are in general dependent on raw materials refined elsewhere.

That C-1 activities be conducted wholly within an enclosed building, except for delivery, gasoline sales, nurseries, garden centers, permanent camping sites, recreational vehicle parks and auto sales to be conducted within a building and/or outdoor area that is improved with concrete, asphalt pavement or other all-weather surface and that is suitably landscaped, screened or fenced and are in compliance with Ordinance 8005 (Noise) (article 8.03).

That all merchandise be new, first-hand and sold on the premises; excludes delivery-only, including catering.

That required yards and outdoor areas not to be used for display or sale of vehicles, equipment, containers or waste material, save and except for screened dumpster collection areas.

That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance, excepting that which is caused by customer and employee vehicles; such odors, smoke, dust, noise or vibration shall be generally contained within the property.

Signs (advertising) must be on the same property boundaries as the business must comply with the City of Cottonwood Shores Signage Ordinance.

Establishments located on property that is within 300 feet of any property zoned for a residential use may not to be open to the general public before 5:00 a.m. and must be closed to the general public by 10:00 p.m. on weekdays (Monday–Thursday, Sunday) and 12:00 a.m. on weekends (Friday–Saturday), unless granted a conditional use permit by Council.

See Chart 1.

See Chart 2.

See Chart 3.

See Chart 4.

Development of any use permitted in the "C-1" District shall conform to the site development regulations which are established for that District.

Paved sidewalks, driveways and parking areas are required.

Screening of loading and storage facilities is required.

This district allows the following commercial land uses:

Air conditioning and heating sales and services;

Amusement (Indoor);

Amusement (outdoor) and swimming pool (commercial);

Apartment Hotel, assisted retirement living, boarding house, bed and breakfast, convalescent home, family home, home for the aged, and group day care;

Bakeries with goods primarily prepared for in-store retail sales on site;

Bonded warehouse and local wholesale distributors;

Carpentry, painting, plumbing or tinsmiths' shop;

Child Care Center (small, intermediate and large) and child development facilities;

Cleaning or Laundry Self-Service Shop and Cleaning Shop or Laundry (small);

Clinic and safety services;

Convenience stores, grocery stores and supermarkets (including the sale of alcoholic beverages and/or gasoline);

Cultural services and community center (public and private);

Day camp;

Drive-in theaters;

Dancing and music academies;

Farm implement display and sales room;

Farms or truck gardens, limited to the propagation and cultivation of plants; provided that no poultry or livestock other than household pets shall be housed within fifty (50) feet of any property line;

Florist shops, greenhouses and nurseries with outdoor service and display;

Frozen food lockers and cold storage plants;

Golf course (commercial), playfield or stadium (public);

Heavy machinery sales, storage and service;

Hospital services, hospital (acute and chronic care) sanitaria, nursing homes, hospice and homes for the aged;

Lumber yards and building materials storage yards;

Milk and bread distributing stations;

Mini Storage Warehouse and Storage Garage;

Parking lots and commercial garages;

Permanent Camping Sites - a specific area set aside for non-vehicular camping.

Radio and television broadcasting stations and studios, excluding broadcasting towers;

Recreational Vehicle Parks

Recycling collection use;

Sale of new automobile parts;

Sexually oriented businesses;

Shopping Centers;

Heliports;

Taxi cab stations;

Upholstering shops;

Uses as determined by the Commission and the Council which are closely related and similar to those listed and that are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from listed uses permitted, such permitted uses being generally retail trade, service industries that store and distribute goods and materials, and are in general dependent on raw materials refined elsewhere;

Wholesale sales establishments and warehouses;

Wholesale bakeries; and

Wood yards.

This district is intended to provide for commercial animal uses private animal uses and transportation services provided that such use shall when established be compatible with adjacent and neighboring residential areas and not create unreasonable traffic or land use conflicts. The permitted uses include the following specific uses:

Stables;

Horse Race Tracks and Riding Stables with a conditional use permit;

Private Zoos with a conditional use permit;

Transportation Services;

Uses as determined by the Commission and the Council which are closely related and similar to those listed and that are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from listed uses permitted, such permitted uses being generally retail trade, service industries that sell, store, distribute and/or repair goods, vehicles, equipment and materials and are in general dependent on products and materials produced elsewhere.

That it is conducted within a building and/or outdoor area that is improved with concrete, asphalt pavement or other all-weather surface and that is suitably landscaped, screened or fenced.

That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance.

That there be adequate enclosures, space, shelters and proper drainage and waste disposal to eliminate odor.

Signs (advertising) must be on the same lot as the business establishments to which they refer and shall not be placed within twenty-five (25) feet of any Residential District. Signs may be illuminated but must be stationary and non-flashing. All signs shall comply with all applicable provisions of this Ordinance and any other applicable Ordinance of the City.

See Chart 1.

See Chart 2.

See Chart 3.

See Chart 4.

Development of any use permitted in the "C-3" District shall conform to the site development regulations established for that District.

Paved Sidewalks, driveways and parking areas are required,[.]

Screening of loading and storage facilities is required.

This district is designed to provide locations for outlets offering goods and services to a targeted segment of the general public as well as industrial users. No building or land shall be used and no building hereafter shall be erected, maintained, or structurally altered; except for one (1) or more of the uses hereinafter enumerated. Allows assembly, packaging and manufacture of non-hazardous, non-volatile products and the following listed uses:

Alcohol beverage-mixed drink and alcohol beverage-on premises with conditional use permit.

Furniture manufacturers and upholsterers.

Light manufacturing.

Tire (retreading operations).

Warehouse, storage and distribution centers.

Recycling Operations (indoors).

That it is conducted within a building and/or outdoor area that is improved with concrete, asphalt pavement or another all-weather surface and that is suitably landscaped, screened or fenced.

That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance.

Signs (advertising) must be on the same lot as the business establishments to which they refer and shall not be placed within twenty-five (25) feet of any Residential District. Signs may be illuminated but must be stationary and non-flashing. All signs shall comply with all applicable provisions of this Ordinance and any other applicable Ordinance of the City. Alcoholic beverage sales are not permitted without a conditional use permit first being obtained.

See Chart 1.

See Chart 2.

See Chart 3.

See Chart 4.

Paved Sidewalks, driveways and parking areas are required.

All uses in the LI (Light Industrial) Districts, District "I-1," shall conform in operation, location and construction to the minimum performance standards herein specified for noise, odorous matter, toxic and noxious matter, glare, smoke, particulate matter and other air contaminants, fire, explosive and hazardous matter and vibration.

At no point at the bounding property line of any use in an LI District may the sound pressure level of any operation or plant exceed the decibel limits specified in the octave band groups designated in the following table:

Allows assembly, packaging, treatment, processing and manufacture of products that do not pose any materially potential hazard to persons and property outside the boundaries of the property, and the following specifically listed uses to the extent such uses are contained or included within property as to not pose a potential hazard outside of the property on which such use is conducted:

Acetylene gas manufacture or storage.

Ammonia, bleaching powder or chlorine manufacture.

Apparel manufacturing.

Blacksmith shops.

Blast furnace, forge plant, iron, steel, brass or copper foundry or fabrication plant, coke ovens, coal yard or coke yard, smelting of tin, copper, zinc, or iron ores.

Boiler works.

Box, broom and canvas goods manufacturers.

Brick, tile, pottery or terra cotta manufacture other than the manufacture of handcraft or concrete products.

Bus lines shops and garages.

Candle manufacture.

Celluloid manufacture or treatment.

Cement, lime, gypsum, or plaster-of-Paris manufacture, rock crusher, rolling mill, stone mill or quarry.

Central mixing plant for cement, mortar, plaster or paving materials.

Contractors' yards.

Cotton gins and cotton seed oil manufacture.

Crating express storage.

Creosote manufacture or treatment.

Disinfectants manufacture.

Distillation of bones, coal or wood, fat rendering, garbage, offal or dead animal reduction, tallow, grease or lard manufacture or refining from, or on animal fat.

Drapery and bedding manufacturers.

Drug and pharmaceutical products manufacturing.

Dyestuff manufacture.

Emery cloth and sandpaper manufacture.

Explosives or fireworks manufacture or storage.

Expressing, baggage, and transfer delivery services.

Fabric cleaning and dyeing plants and laundries.

Fertilizer manufacture.

Fish and meat smoking and curing.

Fur goods manufacture, but not including tanning or dyeing.

Gas and Petroleum storage.

Glass products from previously manufactured glass for wholesale distribution.

Glue or gelatin manufacture.

Greenhouses and wholesale growers.

Hatchery.

Household appliance and furniture manufacture.

Incinerator.

Industrial and manufacturing plants including the processing and assembling of parts from production of finished equipment where the process of manufacturing and treatment of materials is such that only a nominal amount of dust, odor, gas, smoke or noise is emitted.

Insect poison manufacture.

Junk, iron, rag, garbage, or paper storage.

Lampblack and carbon manufacture.

Lumber and building sales and storage.

Machine shops, sheet metal fabrication and metal products.

Manufacture, assembly and processing of food and beverages, excluding meat packing plants and similar processes that place a significant demand on wastewater or water treatment, but including ice cream, dairy products, ice, candy, general food processing and dehydrating, beverage bottling and distribution.

Manufacture, assembly and testing of communication equipment, medical instruments and apparatus, optics, photographic equipment and supplies, timing equipment, musical instruments and related equipment, computer components, computers, electronics and precision instruments.

Manufacturing, assembly and packaging of products from previously prepared material such as cloth, plastic, paper, leather, and precious or semi-precious metal or stone.

Manufacture of personal cosmetics.

Match manufacture, acid manufacture, arsenal, liquid asphalt manufacture or refining.

Motion picture or video production facilities and sound stages.

Oilcloth or linoleum manufacture.

Oiled rubber goods manufacture.

Office equipment and supplies manufacturing.

Paper and pulp manufacture.

Petroleum products, refining and storage, tar distillation or manufacture, gas or alcohol manufacture.

Planeing mills.

Plastic products manufacture, but not including the processing of raw materials.

Polish manufacture, paint, oil shellac, turpentine or varnish manufacture.

Pot ash works.

Printing, publishing, and book binding.

Product assembly services (non-hazardous).

Product development services (general).

Product development services (hazard).

Public utility substations and distributing centers, regulations centers, and underground stations.

Pyroxlin manufacture.

Radio/TV/microwave and similar towers.

Rail-served industries consistent with uses provided in this section.

Recycling Operations (indoor).

Recycling operation (outdoor), automobile salvage and wrecking yards.

Research services (hazard).

Research services (general), engineering and development facilities or laboratories.

Retail propane sales.

Rubber or gutta-percha manufacture or treatment but not the making of articles out of rubber.

Salt works.

Salvage processing.

Shoe polish manufacture.

Sign shops.

Soap manufacture.

Soda and compound manufacture.

Sporting and athletic equipment manufacture.

Stock yard or slaughter of animals or fowls.

Stone, marble, and granite grinding and cutting operations.

Storage of garbage trucks and/or accessory containers.

Tanning, curing or storage of raw hides or skins.

Tar roofing or waterproofing manufacture.

Testing and research laboratories.

Tobacco manufacture or treatment

Tool and die [dye] shops

Vinegar manufacture.

Welding shops.

Wool pulling or scouring.

Yeast plant.

Development of any use permitted in the "I-2" District shall conform to the site development regulations established for that District.

See: Section 2.27(d).

The purpose and intent of the Planned Unit Development District is to provide a flexible, alternative procedure to encourage imaginative and innovative designs for the unified development of property in the City consistent with this Ordinance and accepted urban planning, with overall Mixed-use regulations as set forth below and in accordance with the City's comprehensive plan. The PUD rules are designed:

The PUD District shall include and allow for compatible mixed uses such as compatible residential, commercial and/or industrial, within a single project within the boundaries of a an approved plan area, in order to provide the flexibility required for a well-designed and innovative development that will conserve, develop, protect and utilize to their best use the natural resources of the area in a manner that ensures the safe, orderly and healthy development and expansion of the City. In order to promote such development, the PUD may be comprised of a combination of all the other zoning districts provided for in this Ordinance. The outer boundary of the each such PUD Zoning District shall be shown on a map. Said map will include a descriptive legend, the specific boundaries of the area proposed for use authorized for in any other zoning district and percentage of the total area of such PUD which will comprise each such separate use and all notations, references and other information shown thereon, shall be adopted by Ordinance.

When considering a PUD, the unique nature of each proposal for a PUD may require, under proper circumstances, the departure from the strict enforcement of certain present Codes and Ordinances, e.g., without limitation, the width and surfacing of streets and highways, lot size, parking standards, setbacks, alleyways for public utilities, signage requirements, curbs, gutters, sidewalks and street lights, public parks and playgrounds, drainage, school sites, storm drainage, water supply and distribution, sanitary sewers, sewage collection and treatment, single use districts, etc. Final approval of a PUD by the City Council shall constitute authority and approval for such flexible planning to the extent that the PUD, as approved, departs from existing Codes and Ordinances. The flexibility permitted for a PUD does not imply that any standard or requirement will be varied or decreased.

The City Council, after public hearing and proper notice to all parties affected and after recommendation from the Commission, may attach a Planned Unit Development district designation to any tract of land equal to or greater than three (3) acres. Under the Planned Development designation, the following rules apply:

A Preliminary Site Plan of the entire property within the Planned Unit Development will be considered by the Commission prior to any recommendation to, or consideration by, the City Council of the Planned Unit Development District Ordinance.

A Preliminary Site Plan may be approved for a portion of a Planned Unit Development district where the district is divided by a major thoroughfare and the Preliminary Site Plan includes all the property located on one side of the street.

Approval of a Preliminary Site Plan will determine the location and mix of proposed uses, proposed points of ingress and egress, parking spaces, building locations and height, lot coverage, yards and open spaces, landscaping, screening walls or fences, topography and other development and protective requirements considered necessary to create a reasonable transition to and protection of, the adjacent property.

The Commission and/or City Council may approve, conditionally approve, request modifications, or deny approval of the Preliminary Site Plan based on evaluation of details with respect to:

Following approval of the Preliminary Site Plan, or simultaneously if detailed information is available, a Final Site Plan and Development Agreement for any portion of the Planned Unit Development may be approved. The Preliminary Site Plan establishes the general development standards according to a base district, and the PUD Zoning Ordinance must be submitted after the PUD Zoning is approved and implemented. The Final Site Plan and Development Agreement providing all the detail required for development, subdivision, zoning, variances from standard zoning requirements and enforcement of the special conditions and regulations must be approved by the City Council.

Consideration of amendments to a Planned Unit Development will take into consideration the effect of the proposed development on the remainder of the property, adjacent properties and the neighboring communities. Amendments to the final site plan or any planned development conditions which are substantive shall require public hearings in the manner required for any other zoning change.

If development equal to at least twenty-five percent (25%) of the cost of installing streets, utilities and drainage in the PUD; or if the PUD is approved to be developed in sections or phases, if development equal to at least fifty percent (50%) of the cost of installing streets, utilities and drainage in the first section or phase of the PUD has not occurred, on a Planned Unit Development tract or lot within two (2) years after the date of approval, such approval shall expire and may only be renewed after application is made therefor, notice is given and public hearings are held by the Commission and City Council to evaluate the appropriateness of the previously authorized Planned Development approval. Any such application for renewal or extension shall be considered in the same manner and under the same Rules, Regulations and Ordinances then in effect, as a new application for zoning.

Every Planned Unit Development district approved under the provisions of this Ordinance is considered an amendment of this Ordinance as to the property involved and to the Master Plan. All Planned Unit Development districts will be referenced on the Zoning District Map and a list of such Planned Unit Development districts shall be maintained as an appendix to this Ordinance.

Certificate of Occupancy. All Planned Unit Development district conditions and special regulations must be complied with in the PUD, or in the separate section or phase, before a certificate of occupancy is issued for the use of land or any structure which is part of a Planned Unit Development district, or, if applicable, the separate section or phase being developed.

The Conditional Use District (CUD) shall include and allow for compatible mixed uses such as compatible residential, commercial and/or industrial, within a single project within the boundaries of a an approved plan area, in order to provide the flexibility required for a well-designed and innovative development that will conserve, develop, protect and utilize to their best use the natural resources of the area in a manner that ensures the safe, orderly and healthy development and expansion of the City. In order to promote such development, the Conditional Use District may be comprised of a combination of all the other zoning districts provided for in this Ordinance. The outer boundary of the each such Conditional Use District shall be shown on a map. Said map will include a descriptive legend, the specific boundaries of the area proposed for use authorized for in any other zoning district and percentage of the total area of such Conditional Use District which will comprise each such separate use and all notations, references and other information shown thereon, shall be adopted by Ordinance.

The Conditional Use District on Cottonwood Drive shall extend no more than 100-feet north of Cottonwood Drive and no more than 200-feet south of Cottonwood Drive.

When considering a Conditional Use District, the unique nature of each proposal for a Conditional Use District may require, under proper circumstances, the departure from the strict enforcement of certain present Codes and Ordinances, e.g., without limitation, the width and surfacing of streets and highways, lot size, parking standards, setbacks, alleyways for public utilities, signage requirements, curbs, gutters, sidewalks and street lights, public parks and playgrounds, drainage, school sites, storm drainage, water supply and distribution, sanitary sewers, sewage collection and treatment, single use districts, etc. Final approval of a Conditional Use District by the City Council shall constitute authority and approval for such flexible planning to the extent that the Conditional Use District, as approved, departs from existing Codes and Ordinances. The flexibility permitted for a Conditional Use District does not imply that any standard or requirement will be varied or decreased.

The City Council, after public hearing and proper notice to all parties affected and after recommendation from the Commission, may attach a Conditional Use District designation to any tract of land equal to 5,000 square feet or greater within a buffer area only. Under the Conditional Use District designation, the following rules apply:

It shall be a violation of this ordinance if any person or entity occupies and uses property contrary to the designated zone in which the property exists.

Specifically, no person or entity shall use any building or structure situated in any area of the city solely as a residence if the building or structure is zoned commercial.

It shall be a violation of this ordinance for any person or entity to operate any business in an area of the city zoned residential. It is an exception to this ordinance if the business operated in a residentially zoned area of the city, including professional offices, or is conducted within the confines of a structure, either a house or an out building or attached or unattached garage as long as the operation of the business does not impede or congest traffic in and around the structure, does not degrade the neighborhood, and does not permit or include the accumulation, storage, or overnight parking of vehicles classified as 'junk or abandoned" by section 683.071 of the Texas Transportation Code and does not display a business sign.

The operator of the business shall be given at least ten (10) calendar days to correct the violation once notified by certified mail. The ten (10) days begins the date the certified letter was sent to the property where the violation is occurring. If the violation has not been corrected by the tenth day a citation shall be issued and the fine(s) accumulates from that day forward until the violation has been corrected without the issuance of additional citations. If a subsequent violation occurs after the previous violation has been corrected the same process will apply.

A violation of this ordinance is a class "C" misdemeanor and is punishable by a fine not to exceed $200.00 per day for each day the violation continues after the person or entity has been provided written notice their use of the property is in violation.