Cottonwood Shores City Zoning Code
ARTICLE 3
Site Development Plan Requirements and Special Provisions
§ 3.01 Construction Plans.
(a)
Purpose and applicability:
Construction Plans provide detailed graphic information and associated text indicating property boundaries, easements, land use, street access, utilities, drainage, off-street parking, lighting, signage, landscaping, vehicle and pedestrian circulation, open spaces and general conformance with the Master Plan and Ordinances of the City. Construction Plan approval by the City Engineer shall be required for any development or improvement of land subject to this Ordinance and not otherwise required by City's Subdivision Ordinance.
(b)
Format:
Construction Plans shall be drawn on twenty-four inch by thirty-six-inch (24" x 36") sheets at a generally accepted engineering scale or digital, and sufficient to thoroughly meet the informational requirements herein.
(c)
Content:
Construction Plans shall include all of the land proposed to be developed or improved and any off-site improvements required to accommodate the project. Construction Plans shall contain, or have attached thereto:
(i)
A Cover Sheet, showing:
1)
Names, addresses and phone numbers as applicable of the record owner and developer, if any, and all authorized agents including the architect, engineer, landscape architect and surveyor.
2)
The proposed name of the project.
3)
A location map showing the relation of the project to streets and other prominent features in all directions for a radius of at least one (1) mile using a scale of one-inch equals two thousand feet (1" = 2,000'). The latest edition of the USGS 7.6-minute quadrangle map is recommended.
4)
Certification, revision and signature blocks as required by the City.
5)
The total acreage of the property to be developed.
6)
Current zoning district as defined by this Ordinance.
7)
An Existing Conditions Plan, showing as follows:
a)
Boundary of existing zoning districts, if applicable.
b)
The existing property lines, including bearings and distances, of the land being developed or improved. Property lines shall be drawn sufficiently wide to provide easy identification.
c)
The location of existing structures and improvements, if applicable.
d)
The accurate location, Caliper and Critical Root Zone of Significant Trees 8-inch Caliper and larger, in relation to the property boundary and, if applicable, within the limits of the proposed off-site improvements.
e)
Centerline of water courses, creeks, existing drainage structures and other pertinent data shall be shown.
f)
Lines delineating the Regulatory One Hundred (100) Year Floodplain, if applicable.
g)
Topographic data indicating one (1) foot contour intervals. The contoured area shall extend outward from the property boundary for a distance equal to twenty-five percent (25%) of the distance across the tract, but not fewer than fifty (60) [sic] feet nor more than two hundred (200) feet.
h)
The locations, sizes and descriptions of all existing utilities, including but not limited to sewer lines, lift stations, sewer and storm sewer manholes, water lines, water storage tanks, and wells within the property, and/or adjacent thereto. Existing overhead and underground electric utilities shall also be shown.
i)
The location, dimensions, names and descriptions of all existing or recorded streets, alleys, reservations, railroads, easements, building setbacks or other public rights-of-way within the property, intersecting or contiguous with its boundaries or forming such boundaries, as determined from existing deed and plat records. The existing right-of-way width of any boundary street to the property shall also be shown.
j)
Location of City limit lines and/or outer border of the City's extraterritorial jurisdiction, as depicted on the City's most recent base map, if either traverses or is contiguous to the property boundary.
8)
An Erosion and Sedimentation Control Plan, showing as follows:
a)
Proposed fill or other structure elevating techniques, levees, channel modifications and detention facilities.
b)
Existing and proposed topographic conditions with vertical intervals not greater than one (1) feet referenced to a United States Geological Survey or Coastal and Geodetic Survey bench mark or monument.
c)
The location, size, and character of all temporary and permanent erosion and sediment controls with specifications detailing all on-site erosion control measures which will be established and maintained during all periods of development and construction.
d)
Contractor staging areas, vehicle access areas, temporary and permanent spoils storage areas.
e)
A plan for restoration and for the mitigation of erosion in all areas disturbed during construction.
9)
A Site Plan, showing all visible improvements to the land, including the following:
a)
The location, dimensions, square footage, height, and intended use of existing and proposed buildings on the site.
b)
Location, number and dimensions of existing and proposed parking spaces, distinguishing between standard, handicap and van handicap spaces, and calculation of applicable minimum requirements in accordance with this Ordinance.
c)
The location, type and dimensions of proposed driveways, signs and traffic- control devices.
d)
Compliance with the City's Transportation policies provided in the City's Subdivision Ordinance.
10)
A Grading and Drainage Plan, showing as follows:
a)
A Drainage Area Map delineating area to be served by proposed drainage improvements.
b)
A detailed design of all drainage facilities; including typical channel or paving section, storm sewers, detention ponds and other stormwater control facilities.
c)
Accurate cross-sections, plan and profiles of every drainage improvement proposed in a public utility easement and/or public right-of-way.
d)
Existing and proposed topographic conditions with vertical intervals not greater than one (1) feet referenced to a United States Geological Survey or Coastal and Geodetic Survey bench mark or monument.
e)
Attendant documents containing design computations and any additional information required to evaluate the proposed drainage improvements.
f)
Compliance with the City's Drainage policies provided in the City's Subdivision Ordinance.
11)
A Utility Plan, showing as follows:
a)
The layout, size and specific location of proposed water mains and other related structures and in accordance with all current City standards, specifications, and criteria for construction of water mains.
b)
The location of proposed fire hydrants, valves, meters, pipefittings and other appurtenances.
c)
Design details showing the connection with the existing City water system.
d)
The layout, size and specific location of the proposed wastewater lines, lift stations and other related structures, in accordance with all current City standards, specifications and criteria for construction of wastewater systems.
e)
Plan and profile drawings for each line in public right-of-way or public utility easements, showing existing ground level elevation at centerline of pipe, pipe size and flow line elevation at all bends, drops, turns and station numbers at fifty (50) foot intervals.
f)
Detailed design for lift stations and special wastewater appurtenances, if applicable.
g)
Utility demand data and other attendant documents, to evaluate the adequacy of proposed utility improvements and the demand on existing City utilities.
h)
Compliance with the City's Utility policies provided in the City's Subdivision Ordinance.
12)
A Building Plan, including floor, building, foundation, and roof plans, and elevations.
13)
A Landscape Plan, showing as follows:
a)
Dimensions, types of materials, size and spacing of proposed vegetative materials, planting details and irrigation appurtenances in relation to proposed structures or other significant improvements.
b)
The following maintenance note: The developer and subsequent owners of the landscaped property, or the manager or agent of the owner, shall be responsible for the maintenance of all landscape areas. Said areas shall be maintained so as to present a healthy, neat and orderly appearance at all times and shall be kept free of refuse and debris. All planted areas shall be provided with a readily available water supply and watered as necessary to ensure continuous healthy growth and development. Maintenance shall include the replacement of all dead plant material if that material was used to meet the requirements of the Subdivision Regulations.
14)
Construction Details, showing (when applicable) showing as follows:
a)
Structural retaining walls and/or detention outlet structures.
b)
Storm sewer manhole and covers, typical channel sections, inlets, safety end treatments and headwalls.
c)
Wastewater manholes and covers, cleanouts, grease traps, pipe bedding and backfill.
d)
Water valves, water meters, fire hydrants, thrust blocks, backflow prevention and concrete encasement.
e)
Driveways, curb and gutter, sidewalks, curb ramps, pavement sections and pavement repair.
f)
Silt fence, rock berms, stabilized construction entrance, inlet protection.
g)
Traffic controls when working in public right-of-way.
h)
Applicable City Standard Details and Specifications.
(d)
Procedure:
Construction Plans for the development or improvement of land in the City limits, not otherwise governed by the City's Subdivision Ordinance, shall be submitted to the City for approval prior to the issuance of a Building Permit.
(i)
Two (2) complete sets of Construction Plans (Digital Preferred) shall be submitted to City staff for review by the City Engineer at any time prior to the issuance of a Building Permit, along with the following:
1)
Completed application forms and the payment of all applicable fees.
2)
A letter requesting any variances from the provisions of this Ordinance.
3)
Any attendant documents needed to supplement the information provided on the Construction Plans.
City staff shall review all Construction Plan submittals for completeness at the time of application. If, in the judgment of City staff, the Construction Plan submittal substantially fails to meet the minimal informational requirements as outlined above, it will not be accepted for review. |
The City Engineer shall review the Construction Plans to ensure compliance with this Ordinance and other applicable City ordinances, codes, standards and specifications, and good engineering practices. |
Construction Plans may be rejected at any time subsequent to submittal and prior to final approval for failure to meet the minimum informational requirements of this Ordinance. |
Applicable fees pursuant to City ordinance shall be paid, including, but not limited to, all professional fees, engineer, and attorney fees incurred by the City for or with respect to the review, processing and approval of the application for the approval of the Building Permit. |
(e)
Approval:
Within thirty (30) days of the date on which all of the required information is accepted for review, the City Engineer shall either approve or disapprove the Construction Plans. If the Construction Plans are disapproved, the City Engineer shall notify the applicant, in writing, of disapproval and indicate the requirements for bringing the Construction Plans into compliance. If Construction Plans are approved, then the City Engineer shall sign the cover sheet of the Construction Plans, returning one (1) signed copy to the applicant and retaining the other signed copy for City records.
(i)
Specific approvals required from other agencies shall be obtained by the owner.
All improvements shown in the approved Construction Plans shall be constructed pursuant to and in compliance with the approved plans, except as otherwise specifically approved. |
It shall be the right of the applicant seeking Construction Plan approval, to appeal a decision of the City Engineer to the Commission and have a final decision rendered by the Commission. |
(f)
Revision:
Where necessary, due to unforeseen circumstances, for corrections to be made to Construction Plans for which approval has already been obtained, the City Engineer shall have the authority to approve such corrections when, in their opinion, such changes are warranted and also in conformance with City requirements. Approval of such changes agreed to between the developer and City Engineer shall be noted by initialing and dating by both parties on the two (2) original signed copies of the Construction Plans.
(g)
Responsibility:
Notwithstanding the approval of any Construction Plans the City Engineer or the Commission, the developer and the engineer that prepares and submits such plans and specifications shall be and remain responsible for the adequacy of the design of all such improvements and nothing in this Ordinance shall be deemed or construed to relieve or waive the responsibility of the developer and their engineer for or with respect to any design, plans and specifications submitted.
(h)
Expiration:
Unless a longer time shall be specifically established as a condition of approval, Construction Plan approval shall expire twelve (12) months following the date on which such approval became effective, unless prior to the expiration, a Building Permit is issued and construction is commenced and diligently pursued toward completion.
(i)
Extension:
Construction Plan approval may be extended if the developer submits a written request for extension and continuance of the plan as approved by the City prior to expiration. Approval of any such extension request shall be automatic one (1) time only for a period of twelve (12) months.
(Ordinance 14000 adopted 12/21/2023)
§ 3.02 Landscaping and Screening Requirements.
(a)
Purpose:
The purpose of this Section is, in conjunction with the other requirements of this Ordinance, to promote and support the orderly, safe, attractive and healthful development of land located within the community and to promote the general welfare of the community by preserving and enhancing ecological and environmental and qualities through established requirements for the installation and maintenance of landscaping elements and other means of site improvements in developed properties. The following are additional factors considered in establishing the requirements of this Section:
Paved surfaces, automobiles, buildings and other improvements produce increases in air temperatures, a problem especially noticeable in this southern region, whereas plants have the opposite effect through transpiration and the creation of shade. Likewise, impervious surfaces created by development generate greater water runoff causing problems from contamination, erosion and flooding. Preserving and improving the natural environment and maintaining a working ecological balance are of increasing concern. The fact that the use of landscape elements can contribute to the processes of air purification, oxygen regeneration, water absorption, water purification and noise, glare and heat abatement as well as the preservation of the community's qualities, indicates that the use of landscape elements is of benefit to the health, welfare and general well-being of the community and therefore, it is proper that the use of such elements be required.
The City experiences frequent droughts and periodic shortages of adequate water supply; therefore, it is the purpose of this Section to encourage the use of drought resistant vegetation that does not consume large quantities of water.
(b)
Installation and Plan:
All landscape materials shall be installed according to American Association of Nurserymen (A.A.N.) standards. An approved landscape plan shall be required for all new development in any zoning district, save and except for A, OS, R-1, R-2, and R-3, Districts.
(c)
Maintenance:
The owner of the landscaped property shall be responsible for the maintenance of all landscape areas. Said areas shall be maintained so as to present a healthy, neat and orderly appearance at all times and shall be kept free of refuse and debris. All planted areas shall be provided with a readily available water supply and watered as necessary to ensure continuous healthy growth and development. Maintenance shall include the replacement of all dead plant material if that material was used to meet the requirements of this Section.
(d)
Planting Criteria:
1)
Trees:
Trees shall be a minimum of two (2) inches in caliber measured three (3) feet above finished grade immediately after planting. A list of recommended landscape trees may be obtained from the City. If the developer chooses to substitute trees not included on the recommended list, those trees shall have an average mature crown greater than fifteen (15) feet in diameter to meet the requirements of this Section. Trees having an average mature crown less than fifteen (15) feet in diameter may be substituted by grouping trees so as to create at maturity the equivalent of a fifteen-foot (15') diameter crown if the drip line area is maintained. A minimum area three (3) feet in radius is required around the trunks of all existing and proposed trees.
2)
Shrubs and Ground Cover:
Shrubs, vines and ground cover planted pursuant to this section shall be good, healthy nursery stock. Shrubs must be, at a minimum, a one (1) gallon container size.
3)
Lawn Grass:
It is recommended that grass areas be planted with drought resistant species normally grown as permanent lawns, such as Bermuda, Zoysia or Buffalo. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in areas subject to erosion.
4)
Synthetic Plants:
Synthetic or artificial lawns or plants shall not be used in lieu of plant requirements in this section.
5)
Architectural Planters:
The use of architectural planters may be permitted in fulfillment of landscape requirements.
6)
Other:
Any approved decorative aggregate or pervious brick pavers shall qualify for landscaping credit if contained in planting areas, but no credit shall be given for concrete or other impervious surfaces.
7)
Landscaping Requirements:
A minimum percentage of the total lot area shall be devoted to landscape development in accordance with the following schedule:
Zoning or Use: | Percentage: |
|---|---|
Multifamily, Open Space | 20% |
Residential | See *Note below |
Office | 15% |
General Retail and Commercial Uses | 15% |
Industrial - Light and Heavy | 10% |
Agricultural | None |
* | Note: Minimum landscape requirements for each lot on which a single-family dwelling or a manufactured/mobile or modular home, which is constructed or installed after the date of this Ordinance, shall be required to install a minimum of two (2) two-inch caliper trees or existing trees of same caliper, six (6) two-gallon shrubs and lawn grass from the front property line to the front two (2) corners of the structure or zero-scaping. Residential structures on reverse frontage lots shall also be required to screen the rear of the structure from the abutting highway, access road, or other public rights-of-way. |
8)
Exceptions and Extensions:
Exceptions to these provisions may be granted by the City Administrator or their designee to require a lesser amount of landscaping if the buffering and environmental intent of this Ordinance are met and the reduction of the landscape area results in the presentation of natural features having comparable value to the reduced landscape requirements.
Extensions to landscaping provisions may be granted by the City Administrator or their designee to allow an extended timeframe in the planting of landscaping, on new development projects by the developer, builder, or property owner during droughts and extreme water conservations. At this time a temporary certificate of occupancy may be issued and allow the development to proceed. These extensions will be considered on a case by case basis.
9)
Placement:
Landscaping shall be placed upon that portion of a tract, or lot that is being developed. Fifty percent (50%) of the required landscaped area and required plantings shall be installed between the front property lines and the building being constructed. Undeveloped portions of a tract, or lot, shall not be considered landscaped, except as specifically approved by the Commission. Landscaping placed within public rights-of-way shall not be credited to the minimum landscape requirements by this Section.
10)
Credit:
The Building Official and/or City Engineer shall, with respect to the issuance of a building permit or approval of a construction or site development plan, give a credit against the requirements of this Section for trees preserved on the site; provided that, in order to reward the preservation of significant trees, a credit may be given for such preservation only if no more than fifty percent (50%) of the critical root zone is disturbed or distressed with impervious cover and provided further that the remaining critical root zone must consist of at least one hundred (100) square feet.
11)
Additional Required Plantings:
For every six hundred (600) square feet of landscape area required by this Section, two (2) trees and four (4) shrubs shall be planted. To reduce the thermal impact of unshaded parking lots, additional trees shall be planted if necessary, so that no parking space is more than fifty (50) feet away from the trunk of a tree, unless otherwise approved by the Commission. This subsection shall not apply to any property included in any of the following zoning categories: A and R-1.
12)
Replacement of Required Trees:
Upon the death or removal of a tree planted pursuant to the terms of this Section, a replacement tree of equal size and type shall be required to be planted. A smaller tree that will have a mature crown similar to the tree removed may be substituted if the planting area or pervious cover provided for the larger tree in this Section is retained.
13)
Screening:
The following requirements shall be in addition to the foregoing landscaping and planting requirements:
a)
All off-street parking, loading spaces and docks, outside storage areas, satellite dishes larger than 18 inches in diameter, antennas, mechanical equipment and the rear of structures on reverse frontage lots, must be screened from view from the street or public rights-of-way.
b)
Approved screening techniques include privacy fences, evergreen vegetative screens, landscape berms, existing vegetation or any combination thereof.
c)
Fences:
(i)
General regulations:
(1)
Fences shall not impede drainage.
(2)
No fence or other structure more than thirty (30) percent solid and more than three (3) feet in height shall be located so that it impairs the sight distance triangle at any intersection at any rights-of-way.
(3)
Fences and walls must be maintained in a safe manner, plumb (vertical) to the ground. Fences or walls no longer maintained in a safe manner through neglect, lack of repair, manner of construction, method of placement, or otherwise must be repaired, replaced, or demolished. Failure to maintain a fence or wall in accordance with this section constitutes a violation of this section, punishable pursuant to section 5.06.
(4)
Prohibited fence types:
(A)
Fences or walls constructed primarily of barbed or razor wire, except for the purpose of enclosing livestock for agricultural purposes in any zoning district or properties that have an agriculture exemption;
(B)
Fences or walls carrying electrical current, except for the purpose of enclosing livestock for agricultural purposes in any zoning district or properties that have an agriculture exemption;
(C)
Fences or walls constructed of paper, cloth, canvas, or similar highly flammable material; and
(D)
Fences or walls topped with barbed wire or razor wire, except as used by developments within industrial zoning districts, public institutions, or utilities for public safety or security purposes.
(5)
Fence height is measured from the natural grade where the fence post is set to the highest edge of the post.
(6)
The finished side of all privacy fences built to comply with these regulations shall face outward from the permitted property.
(7)
All residential fences perpendicular to an existing subdivision wall shall meet the subdivision wall at the same height as the existing wall and may transition to a maximum of eight (8) feet in height with approval of due to hardship.
(ii)
Residential fences.
(1)
Fences located in the rear and side setback shall not exceed six (6) feet in height and shall be constructed utilizing wood, iron, masonry or similar material, permanently affixed to the ground in a decoratively manner as to adhere to the surrounding areas.
(2)
Fences located within the front yard setback may be solid up to four (4) feet in height, however fences between four (4) to six (6) feet in height but must not be more than thirty (30) percent solid unless the residential lot is greater than 20,000 square feet and approval is due to a hardship. All fences in the front setback shall be constructed utilizing wood, iron, wire, chainlink, cyclone, stock panels, masonry or similar material, permanently affixed to the ground in a decoratively manner as to adhere to the surrounding areas.
(3)
For residential subdivisions located on or adjacent to a corridor overlay roadway, see also section 3.02 subdivision walls for additional fencing requirements.
(4)
Fences required to enclose rear yards of two-family/duplexes residences shall be a minimum of four (4) feet and a maximum six (6) feet in height and shall provide separate enclosures with gates for each unit.
(5)
Fences to be located along a public right-of-way shall face the finished edge toward the public right-of-way.
(iii)
Nonresidential fences.
(1)
Unless otherwise required by this Article, fences shall be a minimum of six (6) in height and shall be constructed of masonry materials such as brick, stone, or decorative reinforced concrete or similar two-sided masonry or other equivalent materials approved by the City Administrator or their designee. Fence posts shall be constructed of rust-resistant metal parts, concrete-based masonry or concrete pillars of sound structural integrity.
(2)
Both sides of all fences shall be finished.
(3)
Fencing requirements for projects located within the corridor overlay district:
(A)
Fencing/sound barrier is required between all commercial projects that separate Residential from Commercial, Mixed Use, Etc.
(B)
Fencing/sound barrier between all commercial projects that separate Residential from Commercial, Mixed Use, Etc shall be erected to a minimum of at least eight (8) feet high and constructed of materials that will assist in the reduction of the noise to the residential properties.
(C)
Chainlink fences shall only be used around detention ponds and/or water quality ponds. Chainlink fencing shall be black or green vinyl-coated, including posts, and must be buffered by planting five-gallon evergreen shrubs and vines that will, at maturity, screen at least thirty percent (30%) of the view of the fence.
d)
Vegetative screens are highly recommended.
(Ordinance 14000 adopted 12/21/2023)
§ 3.03 Sign Requirements.
All signs shall be designed, placed, located, erected, constructed and maintained in accordance with the City of Cottonwood Shores Signage Ordinances (article 4.07).
(Ordinance 14000 adopted 12/21/2023)
§ 3.04 Conditional Use Permits.
(a)
Purpose.
The City Council may by ordinance, adopted by a four (4) affirmative votes after receiving the recommendation of the Commission, grant a conditional use permit in compliance with this Section for the conditional uses as listed in subsection (b) below. The City Council may impose appropriate conditions and safeguards, including a specified period of time for the permit, to protect the Comprehensive Plan and to conserve and protect property and property values in the neighborhood.
(b)
Authorized Conditional Uses.
The following listed conditional uses and those indicated in a specific zoning district as a permitted use with a conditional use permit, and none other, may be authorized subject to the terms of this subsection and compliance with all conditional terms, regulations and requirements established by the City Council.
(i)
Airport, landing field, landing strip or heliport for aircraft; Municipal service facilities and buildings.
(ii)
Amusement park, but not within three hundred (300) feet of any Residential District.
(iii)
Circus, carnival or zoo grounds, but not within three hundred (300) feet of any Residential District.
(iv)
Commercial, recreational or amusement development for temporary or seasonal periods.
(v)
Hospital, clinic or institution, provided that any hospital or institution permitted in any Residential District shall be located on a site of not less than five (5) acres, shall not occupy more than ten percent (10%) of the total lot area and shall be set back from all property lines at least two (2) feet for each foot of building height.
(vi)
Horse Race Track and Riding Stables.
(vii)
Private operated community building or recreation field.
(viii)
Radio or television broadcasting tower or station.
(ix)
Cemeteries.
(x)
Schools - Public and Denominational.
(xi)
Gasoline sales.
(xii)
Alcoholic Beverages - On-Premises and Alcoholic Beverages-Mixed Drink for those specific uses and in the specific zoning districts as provided by this Ordinance, including a bar, night club, tavern, and private club.
(xiii)
Sexually Oriented Business.
(xiv)
including other uses as identified in the specific district or definition of the use.
(c)
Procedure.
Before authorization of any of the above conditional uses, public notice shall be given and public hearings shall be held as provided in Chapter 211, Tex. Loc. Gov't Code; provided that a conditional use permit for a period not to exceed seven (7) calendar days may be given for a use set forth in subsection (b)(iii) or (b)(iv) above after a public hearing is held by the City Council after having received a report and recommendation from the Commission concerning the effect of the proposed use on the adjacent and neighboring properties and neighborhoods.
(i)
Permit Required. No conditional use shall be established, operated, or maintained except as authorized by a Conditional Use Permit issued in accordance with the requirements of this Section.
(ii)
Conditional Use Permit Issued by City Council. A Conditional Use Permit may be issued only for the conditional uses specified in this Section, and only for the district where it is authorized.
(iii)
The City Council shall determine whether the proposed conditional use complies with each of the general criteria in subsection (d) of this section and with each of the criteria for the district applicable to the proposed use and shall make separate findings thereon or adopt the findings made by the Commission.
(iv)
The City Council may condition its approval of an application on the applicants' adoption of specified changes, additions, limitations, safeguards, or effective time periods designed to assure compliance with the criteria.
(v)
Application. An application for a Conditional Use Permit shall be made in writing in a form prescribed by The City Secretary and shall be accompanied by such information as may be requested (including a site plan, if required) in order to properly review the proposed use. Such information may include, but is not limited to, site and building plans, drawings and elevations, and operational data.
(d)
General Criteria Applicable to all Conditional Uses.
A proposed Conditional Use Permit must comply with all the following criteria:
(i)
The appearance, size, density and operating characteristics of the proposed conditional use is compatible with the surrounding neighborhood and uses;
(ii)
The proposed use will not have an adverse effect on the value of surrounding properties nor impede their proper development;
(iii)
The proposed use will not create a nuisance factor nor otherwise interfere with a neighbor's enjoyment of his property or operation of his business;
(iv)
The traffic that the proposed use can reasonably be expected to generate on existing streets will not create nor add significantly to congestion, a safety hazard, or a parking problem in the area, nor will it disturb the peace and quiet of the neighborhood; and
(v)
The proposed use complies with all other applicable ordinances and regulations.
(Ordinance 14000 adopted 12/21/2023)
§ 3.05 Nonconforming Uses.
(a)
General Policy.
The general public, the City Council and the Commission are directed to take note that nonconformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, whenever and wherever possible, except:
(b)
Nonconforming Structures.
Where a lawful structure exists on the effective date of the adoption or amendment of the zoning ordinance, that could not be built under the terms of the zoning ordinance or amendment thereto by reason of restrictions on permitted use, area, lot coverage, height, years, its locations on the lot, or other requirements concerning the structure, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:
(i)
No such nonconforming structure may be enlarged or altered in a way which increases its structural nonconformity, but any structure or portion thereof may be altered to decrease its structural nonconformity.
(ii)
Should such nonconforming structure or nonconforming portions of a structure be damaged by any means to an extent of more than fifty (50) percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with this ordinance.
(iii)
Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.
(c)
Nonconforming Uses.
A nonconforming use may be continued as long as it remains otherwise lawful, subject to the following provisions:
(i)
No existing structure devoted to a nonconforming use shall be enlarged, extended, constructed or reconstructed.
(ii)
The use of the structure shall only be changed to a use permitted in the district in which it is located.
(iii)
A nonconforming use that has been discontinued may be resumed only if there has been no other use of the premises or structure since the nonconforming use was discontinued, and such use was not discontinued for a period of ninety (90) days or more.
(iv)
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to any land outside such building.
(v)
Removal or destruction of a structure containing a nonconforming use shall eliminate the nonconforming use status. Destruction for the purpose of this subsection is defined as damage equal to more than fifty (50) percent of the replacement cost of the structure.
(vi)
A nonconforming use shall terminate upon any sale or conveyance of the property.
(d)
Repairs and Maintenance.
On any nonconforming structure, or nonconforming portion of a structure, containing a nonconforming use, repairs and maintenance shall be performed to maintain the structure in compliance with the electrical, plumbing and building codes; provided that such repairs and maintenance shall be subject to the following conditions and limitations:
(i)
No work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-load-bearing walls, fixtures, wiring or plumbing, to an extent exceeding twenty-five percent (25%) of the current replacement cost of such structure or nonconforming portion of such structure.
(ii)
If fifty percent (50%) or more of the nonconforming structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by a duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
(Ordinance 14000 adopted 12/21/2023)
§ 3.06 Sexually Oriented Businesses.
(a)
Purpose and Intent.
It is the purpose of this Section of the zoning ordinance to regulate sexually oriented businesses to promote the public health, safety, morals, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this ordinance to restrict or deny access by adults to distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene materials.
(b)
Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning.
(i)
"Adult Arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically operated still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
(ii)
"Adult Bookstore" or "Adult Video Store" means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(A)
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, compact disc visual discs, digital visual discs, computer pictures, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
(B)
Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
(C)
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an Adult Bookstore or Adult Video Store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an Adult Bookstore or Adult Video Store so long as either:
(1)
Two percent (2%) or more of its gross revenue is derived from the sale or rental of the specified materials which depict or describe specified sexual activities or specified anatomical areas; or
(2)
Two percent (2%) or more of its inventory consists of the specified materials which depict or describe specified sexual activities or specified anatomical areas.
(iii)
"Adult Cabaret" means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(A)
Persons who appear in a state of total nudity or semi-nudity; or
(B)
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(C)
Films, motion pictures, video cassettes, compact visual discs, digital visual disc, computer pictures, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(iv)
"Adult Motel" means a hotel, motel or similar commercial establishment which:
(A)
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, compact visual discs, digital visual discs, computer pictures, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; including those that have a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or
(B)
Offers a sleeping room for rent for a period of time that is less than ten (10) hours or based on an hourly rate; or
(C)
Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours or based on an hourly rate.
(v)
"Adult Motion Picture Theater" means commercial establishments where, for any form of consideration, films, motion pictures, video cassettes, compact visual discs, digital visual discs, computer pictures, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(vi)
"Adult Theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity and/or semi-nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
(vii)
"Escort" means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a body rub, bathing of the body, or striptease for another person for the sexual arousal.
(viii)
"Escort Agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
(ix)
"Establishment" means and includes any of the following;
(A)
The opening or commencement of any sexually oriented business as a new business;
(B)
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(C)
The addition of any sexually oriented business to any other existing sexually oriented business; or
(D)
The relocation of any sexually oriented business.
(x)
"Permittee" means a person in whose name a conditional use permit to operate a sexually oriented business has been issued and the person who owns the building and/or land on which the business is located, as well as the individual listed as an applicant on the application for a permit.
(xi)
"Nude Model Studio" means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
(xii)
"Nudity" or a "State of Nudity" means the appearance of a human bare buttock, anus, male genitals, female genitals, or areola of the breast.
(xiii)
"Person" shall mean and include an individual human, partnership, co-partnership firm, company, limited liability partnership or other partnership or other such company, joint venture, joint stock company, trust, estate, governmental entity, association or corporation or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
(xiv)
"Semi-Nude" means a state of dress in which clothing covers no more than the genitals, pubic region, and/or areola of the breast, as well as portions of the body covered by supporting straps or devices.
(xv)
"Sexual Encounter Center" means a business or commercial enterprise that, as one of its primary business purposes, offers any of the following for consideration:
(xvi)
"Sexually Oriented Business" means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
(xvii)
"Specified Anatomical Areas" means the male genitals in a state of sexual arousal and/or the vulva or more internal portion of the female genitals.
(xviii)
"Specified Sexual Activities" means and includes any of the following:
(xix)
"Substantial Enlargement" of a sexually oriented business means the increase in floor area occupied by the business by more than twenty-five (25%) percent, as the floor area existed on the effective date of this Ordinance, or under a certificate of occupancy therefore.
(xx)
"Transfer of Ownership or Control" of a sexually oriented business means and includes any of the following:
(A)
The sale, lease or sublease of the business;
(B)
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(C)
The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(c)
Classification.
Sexually oriented businesses are classified as follows:
(d)
Location.
This Ordinance allows the opportunity for consideration of conditional use permits to be issued for sexually oriented businesses in the Medium Commercial (herein "C-2") zoning districts only.
(i)
The following uses may be permitted within the City by conditional use permit only in the C-2 zoning district.
(ii)
No use listed in subsection (d)(i) above shall be established within one thousand feet of any of the following uses in existence prior to the beginning of such business:
(A)
A church, chapel, or other regular place of religious worship;
(B)
A public or private day-care, elementary, secondary school or institute of higher learning;
(C)
A boundary of any residentially zoned district;
(D)
A public park, library, or playground;
(E)
The property line of a lot used for residential purposes; or
(F)
Within one thousand (1,000) feet of another sexually oriented business.
(iii)
For the purpose of this Section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of described in subsection (d)(ii) above; or to the nearest boundary of any residentially zoned district; or from the closest exterior wall of the structure in which a sexually oriented business is proposed to be located to the nearest exterior wall of any other sexually oriented business.
(iv)
For the purposes of this Section, if sexually oriented businesses cannot be located within a minimum of 3% of the existing zoning districts within the City limits, including all nonconforming use sexually oriented businesses, due to limitations as set forth in this Section, the City will upon written request from an applicant review the current zoning districts and shall allow zoning alterations as necessary so that a minimum of 3% of the Citywide zoning, cumulatively within the City limits, can be occupied by a conditional use permitted sexually oriented business, including all nonconforming use sexually oriented business.
(e)
Sexually Explicit Films and Videos.
(i)
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, compact visual disc, digital visual disc, computer picture, slide, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(A)
The application for a conditional use permit for a sexually oriented business shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus one (1) foot. The Building Official may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises is correct and has not been altered since it was prepared.
(B)
The application shall be sworn to be true and correct by the applicant.
(C)
No alteration in the configuration or location of a manager's station may be made without the prior approval of an amendment to the conditional use permit.
(D)
It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
(E)
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
(F)
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in the above subsection (E) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (A) of this subsection.
(G)
No viewing room may be occupied by more than one person at any time.
(H)
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor level.
(I)
It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(ii)
A person having a duty under subsections (i)(A) through (i)(I) above commits a misdemeanor if he or she knowingly fails to fulfill that duty.
(f)
Exemptions.
It is a defense to prosecution under this Section that a person appearing in a state of nudity did so in a modeling class operated:
(i)
By a proprietary school, licensed by the State of Texas; a college, junior college, or university supported entirely or partly by taxation;
(ii)
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(iii)
In a structure:
(A)
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
(B)
Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
(C)
Where no more than one nude model is on the premises at any one time.
(g)
Permits.
All sexually oriented businesses located within the City limits must have a conditional use permit or qualify as a nonconforming use and have a permit to operate as provided herein. Each person having ownership interest, control or owning the property upon which the sexually oriented business is to be located must have filled out an application and his or her name must appear on the permit.
(i)
Permits required. A commercial establishment that is a sexually oriented business as herein defined, shall at all times of operation within the City limits have a valid permit.
(A)
A person commits an offense if that person conducts business as a sexually oriented business within the City unless a valid conditional use permit has been issued by the City for the conduct of such business.
(B)
A person commits an offense if that person conducts business as a sexually oriented business within the City limits unless the person has a valid permit which is posted at or near the principal public entrance to the business in such a manner that it will be conspicuous to patrons who enter the premises, or behind the bar in a conspicuous manner.
(C)
Every permittee shall have and maintain exclusive occupancy and control of the entire permitted premises in every phase of the operation of the sexually oriented business on the permitted premises. A permittee commits an offense if the permittee attempts to avoid such responsibility by creating any device, scheme or plan which surrenders control of the employees, premises or business of the permittee to persons other than the permittee.
(ii)
Issuance or Denial of Any Permit. A permit, renewal or transfer permit shall be issued unless one (1) or more of the following conditions exists:
(A)
The applicant has located the sexually orient business in violation of this ordinance. Unless the business is a nonconforming use as defined herein.
(B)
The applicant(s) failed to supply all of the information required on the application.
(C)
The applicant, or any one applicant, gave fraudulent or untruthful information on the application. This does not apply to clerical errors.
(D)
The applicant, or any one applicant, has been convicted of a felony for which not less than five (5) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, or a misdemeanor for which less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever date is the later date, of a crime in any state involving:
(1)
Public lewdness, indecent exposure, or indecency with a child as described in the Texas Penal Code;
(2)
Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in the Texas Penal Code;
(3)
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography as defined in the Texas Penal Code;
(4)
Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses; or
(5)
Any similar offense to those described above under the criminal or penal code of another state.
(E)
Any applicant, or any one applicant, refuses to sign a release to permit a criminal background check.
(F)
Permit fees are not paid in full.
(iii)
Renewal of Permit. Permits shall be valid for one (1) year from the issuance of the permit. Permits must be renewed annually by all person having ownership interest or control of the sexually oriented business and all persons owning the property upon which the sexually oriented business is located. Failure to renew the permit voids the permit.
(iv)
Permit Transfers. A permit is personal to the persons designated in the application. A permit may not be transferred except pursuant to and in compliance with this section. A transfer application must be filed within thirty (30) days of any change of persons designated on the current permit. A transfer application shall allow continuation of business under an existing permit while a new application is being processed. Any transfer application shall require and be treated in all respects as an original permit application. In the event that a transfer application is not timely filed, then the existing permit shall be invalid for any purpose relating to the operation of business. Provided, however, that nothing in this section shall affect the nonconforming use provisions herein.
(v)
Revocation of Permit. Any violation of this ordinance shall constitute grounds for revocation of a permit. A permit shall be revoked for any of the following violations:
(A)
The permittee(s) have located the sexually oriented business in violation of this ordinance. Unless the business is a nonconforming use as defined herein.
(B)
The permittee(s) failed to supply all of the information required on the application.
(C)
The permittee(s) gave fraudulent or untruthful information on the application. This does not apply to clerical errors.
(D)
The permittee, or any one permittee, has been convicted of a felony for which not less than five (5) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, or a misdemeanor for which less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever date is the later date, of a crime in any state involving:
(1)
Public lewdness, indecent exposure, or indecency with a child as described in the Texas Penal Code;
(2)
Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in the Texas Penal Code;
(3)
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pomography as defined in the Texas Penal Code;
(4)
Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses; or
(5)
Any similar offense to those described above under the criminal or penal code of another state.
(E)
More than four criminal offenses are committed on the permitted premises in any consecutive twelve-month period which fall in one or more of the following categories:
(1)
Public lewdness, indecent exposure, or indecency with a child as described in the Texas Penal Code;
(2)
Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in the Texas Penal Code;
(3)
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography as defined in the Texas Penal Code; or
(4)
Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses.
(F)
Any person under the age of eighteen, not otherwise permitted by the Laws of Texas to view the material contained on the premises is permitted to enter the premises.
(vi)
Appeal. All denials and revocations of permit applications and renewals must be appealed to the City Council.
(A)
If an application for issuance or renewal of a permit is denied a permit or a permit is revoked, upon notice of the denial or revocation of a permit, the aggrieved applicant or permittee shall have ten (10) days to appeal to the decision to the City Council.
(B)
The appeal of a revocation of a permit to the City Council shall abate the revocation of the permit until such time as the City Council may hold a public hearing.
(vii)
Permit Fee. Each application for a permit, including renewal or transfer, shall be accompanied by a $50.00 application fee. Additionally, for each applicant identified thereon, there shall be an additional $25.00 fee.
(h)
Specific Violations.
(i)
A person commits a misdemeanor if he or she:
(A)
Operates or causes to be operated a sexually oriented business without a conditional use permit. All sexually oriented businesses shall be located within the C-2 zoning district unless such business qualifies as a nonconforming use.
(B)
Operates or causes to be operated a sexually oriented business without a permit to operate a sexually oriented business.
(Ordinance 14000 adopted 12/21/2023)