Cuero City Zoning Code
PART 4
BUILDINGS AND STRUCTURES
§ 10.101 Single-Family and Duplex Standards.
A.
Generally.
The placement of a principal building in a perpendicular or sideways orientation on an interior lot or through lot is prohibited. See Figure 10.101, Building Placement.
(Ordinance 2015-30 adopted 10/30/15)
§ 10.102 Multi-Family Design Standards.
A.
Generally.
All multi-family developments shall meet the standards of this Section. See Figure 10.102, Illustrative Application of Multi-Family Design Standards.
B.
Building Walls.
1.
Not less than 25 percent of each building wall, exclusive of windows and door openings, shall be finished with masonry construction, such as brick, stone, or simulated stone.
2.
Siding shall be wood or cement fiberboard. Siding shall be traditional profiles such as four-inch to eight-inch horizontal beveled or shake. Siding surfaces may not cover more than 75 percent of any wall surface and may not extend to the ground level.
3.
Stucco and exterior insulated finishing systems (EIFS) are permitted as an accent material only. If used, stucco and EIFS shall be detailed to look like traditional wall cornices, soffits, window trim, and similar features. EIFS may be installed only above the floor level of the second story.
C.
Building Elements.
1.
Awnings, where installed, shall be constructed with fabric or metal coverings. Plastic coverings are prohibited.
2.
Elements such as eaves, rakes, cornice lines, or frieze boards shall be used to contribute to the visual interest of the building.
3.
Columns, cornices, and similar elements shall be natural or simulated natural elements such as wood, composite material, architectural metal, or stone.
4.
Balcony and railing materials may be different than the materials used on exterior walls.
D.
Roofs.
1.
Sloped roofs shall be covered with quality materials, comparable to slate, concrete tile, dimensional shingles, metal shingles, or architectural metal seam roofing.
2.
No rooftop mechanical equipment or window/wall mounted air conditioning units shall be visible from the public rights-of-way.
3.
Monolithic roof structures that cover more than 4,000 square feet shall include changes in direction, or treatments which break up the appearance of mass. Such treatments may include elements such as dormers, towers, or chimneys.
E.
Stairs.
Stairs that provide primary access to units on upper floors shall be covered.
Figure 10.102 Illustrative Application of Multi-Family Design Standards |
Allowed  |
Not Allowed  |
(Ordinance 2015-30 adopted 10/30/15)
§ 10.103 Manufactured Home Unit Standards.
B.
Notification.
All manufactured housing installations shall be reported by the owner or installer to the Texas Department of Labor and Standards as provided by the Statute and Rules and to the Building Official. The Building Official shall inspect all the installations and shall cooperate with the Texas Department of Labor and Standards in the enforcement of this Section and of said state statute and rules.
C.
Improvements.
Individual lots shall be improved and connected to utilities as follows:
1.
Permanent Foundations and Tie-Downs.
All manufactured homes shall be mounted on a concrete permanent foundation pad. Each foundation pad provides anchors and tie-downs such as cast-in-place concrete “dead men,” embedded eyelets, runway screw augers, arrowhead anchors, or other devices which secure and stabilize the unit. Such devices are placed at least at each corner of each manufactured home.
2.
Utilities.
All units are served with public utilities, which are installed underground. All electrical service equipment is mounted on the structure to which service is provided.
D.
Unit Specifications.
All manufactured homes shall meet the following specifications:
1.
Wind Zone.
The unit shall be designed to meet state Wind Zone I standards.
2.
Required Elevation.
The average elevation of a manufactured home frame above ground level, measured at 90 degrees to the frame, does not exceed four feet from the top of the foundation pad.
4.
Transportation Apparatus.
The wheels, axles, tongue, towing apparatus, and transporting lights are removed prior to occupancy of the unit.
E.
Skirting.
The vacant space between the finished grade of the property on which each manufactured home is located and the exterior edges of the finished floor of each unit is skirted as follows:
1.
Installation.
Skirting is installed on a concrete footing so there is no visible gap between the finished floor and the ground.
2.
Materials.
The material used for skirting is rock, brick, manufactured vinyl or concrete masonry construction. All skirting materials are compatible in appearance with the manufactured home and allow for adequate ventilation and drainage.
3.
Design.
The skirting must be a continuous, complete, opaque, and rigid surface that lends permanency to the appearance of the unit and totally screens the crawl space under the unit.
F.
Unit Inspection.
When a unit is to be conveyed to a new owner or leased to a new occupant, it shall be inspected by the City. All units that do not comply with standards for manufactured housing shall be given a complete interior and exterior inspection focusing on habitability and safety. If the unit is deemed unfit, the City may require improvements or replacement with a newer unit certified by the U.S. Department of Housing and Urban Development (HUD).
(Ordinance 2015-30 adopted 10/30/15)
§ 10.201 Building Form and Design.
A.
Generally.
The form and design of nonresidential and mixed-use buildings shall comply with the standards set out in this Section.
B.
360-Degree Architecture.
No particular architectural style is mandated, however, the architectural style of the front facade shall be expressed on all sides of the building.
C.
Building Walls.
All exterior building elevations that face public streets, customer parking areas, or areas of residential use or districts shall be designed so that there are no areas of blank wall that are more than 30 feet in horizontal direction or 16 feet in vertical direction. Complying with this requirement can be accomplished through the use of:
1.
Windows;
2.
Doors;
3.
Awnings;
4.
Changes in both finish materials and colors (a change in color alone is insufficient to meet this requirement);
5.
Decorative cornices;
6.
Murals or graphics;
7.
Sconce lighting;
8.
Towers;
9.
Pilasters or columns;
10.
Arcades;
11.
At least three feet of horizontal or vertical offset in the building wall; and
12.
Comparable elements or design techniques that create an obvious and significant pattern of light and shadow on the building wall.
D.
Building Form.
1.
Buildings that cover more than 16,000 square feet, but less than 30,000 square feet in floor area, shall have moderate changes in height or roof line, which can be accomplished by one or more of the following techniques:
a.
Dormers with ridge lines that are three or more feet below the ridge line of the roof;
b.
A compound roof shape, in which the highest ridge line and the lowest ridge line have a height difference of two to five feet;
c.
Parapet walls that vary in height by two to four feet; and
d.
Towers that have a height that is four to six feet above the highest peak or ridge of the roof or highest point of the parapet.
2.
Buildings that cover more than 30,000 square feet, but less than 60,000 square feet, shall have major changes in height or roof line, which can be accomplished by one or more of the following techniques:
a.
A compound roof shape, in which the highest ridge line and the lowest ridge line have a height difference of five or more feet;
b.
Parapet walls that vary in height by more than four feet;
c.
Towers that have a height that is more than six feet above the highest peak or ridge of the roof or highest point of the parapet. The mass of such towers shall be proportional to the building, so that the towers appear as substantial, but not overwhelming architectural elements.
3.
Buildings that cover more than 60,000 square feet shall have major changes in height or roof line, which shall in addition to the requirements for buildings that cover 30,000 square feet or more, include:
E.
Roof Styles.
Flat roof and pitched roof systems are permitted. Flat roof systems shall be hidden by parapet walls that are at least 30 inches in height. Mansard roofs are prohibited.
F.
Awnings.
Awnings, if installed, shall be constructed of canvas. Backlighting is not permitted.
G.
Multi-Story Buildings.
Buildings with more than two stories shall be designed with a clearly differentiated base, middle, and top.
(Ordinance 2015-30 adopted 10/30/15)
§ 10.202 Mechanical Equipment and Meters.
A.
Generally.
Mechanical equipment associated with building operations (e.g., HVAC systems) shall be screened as provided in this Section.
B.
Ground-Level and Building-Mounted Equipment.
Mechanical equipment and meters shall be screened from view of principal parking lots, public rights-of-way, and residential uses and districts by landscaping, bufferyards, or building walls. Hedges and screening walls that are used to hide mechanical systems shall be maintained at a height that is at least one foot higher than the equipment. Hedges shall be a minimum of three feet in height at planting.
C.
Roof-Mounted Equipment.
Mechanical equipment shall be screened from all ground level views from abutting property and rights-of-way by:
1.
Parapet Walls.
Parapet wall shall include cornice treatments that are of adequate height to screen the equipment (a slope of one foot rise per 25 feet of run shall be used to determine if the wall is of adequate height); or
2.
Screening Walls.
Screening walls of adequate height to hide the equipment, which use materials and colors that are consistent with the design of the building; or
3.
Sloped Roof Systems.
Sloped roof systems or other architectural elements of adequate height to hide the equipment.
(Ordinance 2015-30 adopted 10/30/15)
§ 11.101 Accessory Buildings and Structures.
A.
Generally.
The construction and use of accessory building or structures, except accessory dwelling units (see Section 11.102, Accessory Dwelling Units and the provisions of Table 3.101A, Standard and Alternative Residential Development Standards), are subject to the requirements of this Section.
B.
All Uses.
1.
Timing of Construction.
No accessory building or structure shall be constructed unless the principal building is constructed and connected to utilities or under construction simultaneously with the accessory building or structure.
2.
Attached Accessory Buildings.
Accessory buildings that are structurally attached to a principal building shall conform to all standards that are applicable to the principal building.
3.
Easements.
Accessory buildings and structures shall not be located within easements unless written permission is granted from the owner/operator of the easement and proof of such permission is provided to the City prior to the issuance of permits or clearances for such structures.
5.
Site Plan.
A drawing showing all existing buildings and structures on the lot or parcel of land where the accessory building or structure is proposed to be located shall be submitted with the required building permit application.
6.
Converted semi-trailers, manufactured homes, dumpsters, or similar structures or equipment shall not be used for storage.
In the C-2 and I-1 district, modular shipping containers may be used for storage provided that they are located within the rear yard, outside the boundaries of the Historic Downtown District and are completely screened from view of abutting properties and public rights-of-way by buildings, fences or walls (see Section 11.103, Fences and Walls).
D.
Residential Uses.
1.
Maximum Number.
No more than two accessory buildings or structures shall be constructed on a lot in the R-1, R-2, NC, and NT districts.
2.
Design Standards/or Detached Accessory Buildings or Structures.
a.
[Reserved]
b.
Footprint.
Accessory buildings and structures are counted toward the calculation of impervious surfaces. In addition, no detached accessory building, buildings, or structures shall cover an area that is larger than that covered by the principal building, nor cover more than 30 percent of the required rear yard.
c.
Setbacks.
i.
Front:
Behind principal building[.]
ii.
Street Side:
Ten feet from the lot line.
iii.
Interior Side:
Five feet from the lot line provided the roof eave does not extend within three feet of the lot line and:
E.
Nonresidential and Mixed-Uses.
1.
Design Standards for Detached Accessory Buildings or Structures.
a.
[Reserved]
b.
Footprint.
i.
In the C-1, C-2 and PR districts, no detached accessory buildings or structures on a lot shall cover an area that is larger than 25 percent of the footprint of the principal building.
ii.
In the I-1 district, accessory buildings and structures are not subject to a specific maximum footprint. However:
c.
Setbacks.
i.
Front.
No detached accessory building or structure shall be located in a required front yard.
ii.
Sides and Rear.
All accessory buildings and structures shall be:
a.
located within the building envelope in the side or rear yards;
b.
not located in easement areas unless express written permission has been granted by all easement grantees. A copy of such written permission shall be submitted to the Building Official prior to the issuance of permits for such structures.
d.
[Reserved]
e.
Separation from Other Buildings and Structures.
No detached accessory building or structure shall be located closer than six feet to any other building.
2.
Storage and Utility Sheds in C-1, C-2, and PR Districts.
Storage buildings are permitted as accessory structures on lots in the C-1, C-2, and PR districts, if it is demonstrated that:
a.
Storage and utility buildings are used for property maintenance purposes, and not for commercial uses or storage of goods for resale.
b.
[Reserved]
c.
Storage and utility buildings are completely screened from view from abutting properties and public rights-of-way by buildings, fences or walls (see Section 11.103, Fences and Walls).
d.
Storage and utility buildings are located only behind principal buildings.
e.
The floor area of any individual storage or utility building does not exceed 1,500 square feet.
f.
The cumulative floor area of storage and utility buildings does not exceed two percent of the maximum floor area permitted on the lot.
3.
Storage and Utility Buildings in I-1 District.
Storage buildings are permitted as accessory structures on lots in the I-1 district, provided that:
(Ordinance 2015-30 adopted 10/30/15; Ordinance 2017-27 adopted 12/1/17; Ordinance 2018-02 adopted 3/12/18)
§ 11.102 Accessory Dwelling Units (ADUs).
A.
Generally.
Accessory dwelling units (ADUs) are permitted as set out in this Section.
B.
ADU Types.
For the purposes of this UDC, there are three types of ADUs (see Figure 11.102, Illustrative ADU Types):
1.
Integrated Units.
Integrated units are units that are created within an existing building or attached to an existing building such that they appear to be an integrated part of it.
2.
One-Story ADU Buildings.
One-story ADU buildings are one-story detached buildings that contain an accessory dwelling unit. They may or may not also include a garage or storage area.
3.
Two-Story ADU Buildings.
Two-story ADU buildings are one and one-half story or two-story detached buildings that contain an accessory dwelling unit, which is usually located above a detached garage.
Figure 11.102 Illustrative ADU Types  |
C.
Where Permitted.
Accessory dwelling units are allowed as provided in Table 11.102, Districts and ADU Types. ADUs are not allowed in zoning districts that are not listed in the table. ADUs are only allowed as an accessory to single-family detached principal buildings.
Table 11.102 | ||||
|---|---|---|---|---|
Districts and ADU Types | ||||
District | Subdistrict | Integrated Unit1 | One-Story ADU Building1 | Two-Story ADU Building1 |
AG | N/A | Allowed | Allowed | Allowed |
R-1 | N/A | Allowed | Allowed (see also subsection E., below) | Allowed (see also subsection E., below) |
R-2 | N/A1 | Allowed | Allowed (see also subsection E., below) | Allowed (see also subsection E., below) |
NC | NC-R1 and NC-R4 only | Allowed | Allowed | Allowed |
NT | All | Allowed | Allowed | Allowed |
TABLE NOTES: |
N/A - Not Applicable |
1.
Accessory dwelling units are only allowed on lots where the principal building is a single-family detached dwelling unit.
D.
Design Standards.
ADUs shall conform to the following bulk and design standards:
1.
All ADUs.
a.
Maximum Number.
No lot shall contain more than one ADU.
c.
Required Usable Outdoor Area.
Lots that are developed with ADUs shall include a usable outdoor area of at least 1,100 square feet, located behind the principal dwelling unit.
d.
Utilities.
ADUs shall not be provided with utilities that are metered or billed separately from the principal building.
e.
Manufactured Housing.
In all districts, except the AG district, the construction of ADUs shall be either stick-built or industrialized housing. No manufactured homes may be used as an ADU.
2.
Integrated Units.
a.
Integrated units shall not occupy more than 40 percent of the total floor area of the principal building or exceed a maximum of 800 square feet.
b.
Integrated units shall not involve design modifications to the exterior of the principal building that make their presence obvious. Where the principal building is expanded to accommodate the integrated unit, the expansion shall be designed, clad, painted, and roofed in a manner that is comparable to the principal building.
c.
Where exterior doors provide direct access to the integrated unit, such doors shall be designed, located, and configured in a manner that is typical for secondary access to a single-family building.
d.
Setbacks for integrated units are the same as for the principal building.
3.
4.
Two-Story Detached ADU Buildings (living quarters on second floor of accessory building).
a.
The floor area of the ADU in a two-story ADU building unit shall not exceed 800 square feet. For the purposes of this standard, “floor area” means all enclosed areas with a floor-to-ceiling height of at least 7.5 feet.
b.
The height of a two-story ADU building shall not exceed 28 feet to the ridge.
c.
Generally, windows of two-story ADU building units shall face streets and alleys. Windows that face interior side property lines shall be located at least six feet above the finished floor unless:
d.
Two-story ADU buildings shall be spaced at least 10 feet from all other habitable buildings and structures on the same lot.
E.
Additional Requirements in R-1 and R-2 Districts.
1.
Lots within the R-1 and R-2 districts that may be developed with one-story ADU buildings or two-story ADU buildings (as indicated in Table 11.102, Districts and ADU Types), shall be annotated on the plat of the subdivision as allowing such accessory use.
2.
A Type A bufferyard is required along the boundary of the individual parcel proposed for development if all of the following conditions exist:
(Ordinance 2015-30 adopted 10/30/15)
§ 11.103 Fencing and Walls.
A.
Generally.
The requirements of this Section apply to fences and walls and are intended to allow their construction in a manner that both protects the health and safety of people and animals and in general anything on one’s property (e.g., equipment, merchandise, etc.), while contributing to an improved built environment within the City.
B.
All Uses.
All fencing and walls within the City shall comply with the following, unless exempted herein.
1.
Easements.
Fencing and/or walls constructed in required easements may be subject to removal for maintenance of utilities or other reasons related to the purpose of the easement. Removal and/or replacement costs are the responsibility of the owner/operator of the fence or wall.
2.
Continuity of Fences and Walls Along Streets.
The continuity of fences and walls along arterial or collector streets shall be maintained between street intersections on the same side of the street in terms of design, color, materials, and height. Where fences and walls along the same side of the street vary in design, color, materials, or height, then new or replacement fences or walls shall be matched to existing structures in the following order of priority:
3.
Location Restriction and Drainage.
a.
No fence or wall shall be built on any lot or tract outside the surveyed lot lines.
b.
No fence or wall shall be built by a private party on public land without the specific prior approval of the public entity. Removal of any such fence or wall is at the expense of its owner/operator.
c.
No fence or wall shall be built in natural drainage courses, or drainageways, created within easements.
4.
Materials.
a.
Materials shall be durable and in character for the use of development it is serving (i.e., residential fencing shall be of a material commonly made and sold for residential fencing or wall construction uses). Materials shall include: weather resistant wood species, split rail, wood treated with U.S. Environmental Protection Agency approved preservatives, painted wood, ornamental iron or powder-coated aluminum, brick, stone, masonry and chainlink.
b.
Scrap lumber, plywood, tree branches, tree trunks, sheet metal, plastic, fiberglass sheets, barbed wire (unless as excepted by subsection E.3., Materials, below), spikes, nails, other sharp metal points or instruments on tops or sides, welded wire, agricultural fencing, and chicken wire are not permitted.
If requested to vary from this regulation, on an individual basis, the City Manager or his designee can administratively approve each individual case.
5.
Fence Orientation and Maintenance.
Fence posts and horizontal rails shall be located on the side of the fence that faces into the lot or parcel proposed for development. Fences shall be maintained in an upright position (not more than 5 degrees from vertical orientation), and in good condition (e.g., free of rust, peeling paint or coatings, missing or broken pickets, wood rot, graffiti, etc.). See Figure 11.103, Fence Orientation.
Figure 11.103 Fence Orientation |
Fence Orientation Allowed  |
Fence Orientation Not Allowed  |
C.
Agricultural Uses.
Exempt.
D.
Residential Uses.
1.
Height.
No fence or wall shall exceed the following heights:
a.
Front yard: 48" inches.
b.
Interior side yard (behind the front building line) and rear yard: six feet.
c.
Street side yard: 42 inches to the front building line and then tapering up to six feet to the rear building line.
d.
In an interior side yard or rear yard abutting a nonresidential, or mixed-use: eight feet.
e.
In a rear yard abutting an arterial or collector street: six feet.
E.
Nonresidential and Mixed-Uses.
1.
Height.
No fence or wall shall exceed eight feet in height.
3.
Materials.
In addition to the minimum material requirements set out in subsection B.4., Materials, above, fences for nonresidential and mixed-uses shall comply with the following additional provisions:
4.
Pedestrian and Environmental Safety.
a.
All nonresidential, mixed-use or multifamily construction sites shall be enclosed with a barrier fence approved by the Building Official.
b.
Any type of excavation shall be enclosed by a silt fence, hay bales or other proven practice of runoff mitigation measures, and/or a barrier fence approved by the Building Official until covered or enclosed by a permanent fence.
(Ordinance 2015-30 adopted 10/30/15; Ordinance 2018-08 adopted 8/13/18; Ordinance 2022-01 adopted 2/14/2022)
§ 11.104 Outdoor Storage and Displays of Merchandise.
A.
Generally.
All outdoor storage and outdoor display of merchandise, except temporary outdoor sales event displays allowed per Table 2.210A, Limited and Conditional Use Standards for Specific Temporary Uses, shall be in conformance with the provisions of this Section.
B.
Outdoor Storage.
Outdoor storage is permitted as an accessory use to principal buildings on properties used for nonresidential and mixed-use purposes subject to the standards of this Section. Outdoor display of merchandise is regulated by subsection C., Outdoor Display of Merchandise.
1.
Prohibitions.
Outdoor storage areas shall not be used to dispose of inoperable machines or wastes, store or dispose of hazardous materials, or store or dispose of materials that will create windblown dust or debris or stormwater contaminants.
2.
Standards by Use.
a.
Agricultural Uses.
Exempt.
b.
Nonresidential Commercial Retail/Service Uses and Mixed-Use.
Outdoor storage areas are permitted if it is demonstrated that the outdoor storage area:
i.
Is not larger than 10 percent of the gross floor area of the principal building; and
ii.
Is located in the buildable area in the rear yard and/or interior side yard; and
iii.
Is screened in one of the following ways:
a.
Enclosed by a wall that is designed into the principal building’s facade and composed of the same materials as the principal building; or
b.
Enclosed by a wall or opaque fence and gate of sufficient height to completely screen the stored materials from public view and rights-of-way. Such wall, fence, and gate shall be of a durable material that does not include slats and shall be landscaped with a continuous hedge along its entire length, except at points of access.
c.
d.
Nonresidential Office Uses.
Outdoor storage is not allowed.
C.
Outdoor Display of Merchandise.
This subsection sets out the standards that are applicable to outdoor merchandise display areas. Outdoor storage of items other than merchandise is regulated by subsection B., Outdoor Storage, above.
1.
Display Areas that are Attached to Principal Buildings.
Outdoor display areas that are attached to a principal building are permitted if it is demonstrated that the display areas are:
a.
Adjacent to a wall of a principal building or structure, and configured as a walled or decoratively fenced area that entirely screens the merchandise on all sides;
b.
Within the buildable area of the site;
c.
Not located in areas that are required or used for access or parking, loading, or vehicular circulation; and
d.
Not larger than the area set out in Table 11.104, Area of Outdoor Display of Merchandise.
Table 11.104 | |
|---|---|
Area of Outdoor Display of Merchandise | |
Use | Maximum Outdoor Display Area |
Retail Sales and Services | 15 percent of floor area of principal building |
Heavy Retail (i.e., Home Centers, Warehouse Clubs, and Superstores) | 30 percent of floor area of principal building |
Heavy Retail - All Others | 35 percent of lot area |
Nurseries/Greenhouses, Retail | Area within building envelope |
2.
Motor Vehicle, Recreational Vehicle, and Heavy Equipment Rentals, Lease and Sales.
a.
For motor vehicle, recreational vehicle, and/or heavy equipment rental, lease, and sales uses, outdoor display of merchandise can only be displayed on improved hard surface areas of the parcel proposed for development and cannot encroach on any area that is designated for landscape areas or rights-of-way.
b.
The outdoor display of heavy equipment may be on crushed stone, gravel, or another surface approved by the Building Official provided that all driveways and customer parking areas are on an improved hard surface.
c.
Such merchandise shall not occupy or obstruct required parking spaces or loading spaces, but shall be set back behind any required landscape areas and shall be screened with landscaping for 75 percent of the linear frontage (as if they were parking spaces) for any motor vehicles, recreational vehicles, or heavy equipment that is for rental, lease, or sale and that is visible from the public right-of-way.
d.
Only two motor vehicles, recreational vehicles, and/or pieces of heavy equipment may be raised, to a height not to exceed 15 feet from the average grade of the display area, on a platform, berm, structure, or raised by other means, to display said merchandise for greater visibility. This may be located anywhere within the outdoor display area, or in the front landscape strip; provided however, no raised portion shall be located closer to any rights-of-way than 10 feet.
(Ordinance 2015-30 adopted 10/30/15)
§ 11.105 Solar Arrays and Small Wind Energy Systems (SWES).
A.
Generally.
The placement and use of solar arrays and small wind energy systems (SWES) are subject to the requirements of this Section.
B.
Solar Arrays.
The following standards apply to solar arrays:
1.
Roof-Mounts.
Solar arrays may be roof-mounted on principal and accessory buildings in all zoning districts.
2.
Ground-Mounts.
Ground- or structure-mounted solar arrays (not mounted on buildings) shall be set back as if they were detached accessory buildings if the highest point on the panels is more than six feet above grade.
3.
Carports and Covered Walkways.
Carports and walkways may be covered with solar arrays, provided that:
a.
There is not less than eight feet of clearance under the carport or covered walkway; and
b.
In residential zoning districts and/or uses, solar panels that cover carports and covered walkways are set back from the front property line as required for principal buildings. Additional setbacks may be required in other areas in order to comply with building setback requirements or accessory structure requirements for the underlying structures.
4.
Removal or Replacement of Damaged Panels.
If solar panels are damaged (e.g., in a windstorm) such that the damage is obvious when viewed from a public right-of-way, then the panels must be removed or replaced within 60 days of the event that caused the damage.
C.
Small Wind Energy Systems (SWES).
The following standards apply to Small Wind Energy Systems:
1.
Distance from Lot or Building or Power Lines.
The distance from all lot lines or any building or power line to any tower support base of all SWES shall be equal to the sum of the tower height plus the diameter of the rotor.
2.
Distance between SWES.
The distance between the tower support base and any two SWES shall be the minimum of five rotor lengths, determined by the size of the largest rotor.
3.
Interference.
The SWES operation shall not interfere with radio, television, computer, or other electronic operations on abutting or nearby properties.
4.
Fence.
A fence with a minimum height of six feet with a locking gate shall be placed around any SWES tower base. Alternatively the tower climbing apparatus shall begin no lower than 12 feet above ground level.
5.
Height Exemption.
SWES are exempt from the height restrictions of the district within which it located.
(Ordinance 2015-30 adopted 10/30/15)
§ 11.106 Solid Waste Collection.
A.
Generally.
Nonresidential, mixed-use, multi-family, manufactured home parks, and recreational vehicle park uses shall provide for a common area for solid waste collection.
B.
Location.
The location of the solid waste collection areas shall comply with the following:
1.
They shall be located on the same lot as the parcel proposed for development they are intended to serve, unless otherwise authorized by the Building Official upon written proof of an agreement with an abutting property owner/operator and demonstration that the facilities will have the capacity to serve both properties.
2.
They shall be located no more than 200 feet (walking distance) from the uses they are intended to serve.
3.
The solid waste collection area shall be located behind the principal building or in a side or rear yard, unless it is not possible to provide service access in such locations.
4.
If the parcel proposed for development has access to an alley, the solid waste collection area shall be accessed via the alley.
5.
If an enclosure must be located in a front yard, it is designed and constructed in conformance with subsection C., Enclosure, below, and surrounded on the three non-access sides with landscaping that is sufficiently dense to completely conceal the enclosure from view from abutting properties and public rights-of-way.
6.
Access to the facilities is configured to meet the requirements of the refuse service provider.
C.
Enclosure.
Solid waste collection areas shall be fully enclosed by:
1.
An opaque wall or fence that is one foot taller than the refuse container and constructed of the same materials of the principal building;
2.
A separate opaque solid metal service pedestrian access gate or a pedestrian opening that screens the container(s) from view at all times except when it is being serviced (see Figure 11.106, Solid Waste Collection Enclosure); and
3.
An adequate size to accommodate one or more solid waste containers that are of a sufficient size to service the development, based on the frequency of solid waste collection.
4.
The opening of the enclosure shall be located away from any sidewalk.
Figure 11.106 Solid Waste Collection Enclosure  |
(Ordinance 2015-30 adopted 10/30/15; Ordinance 2017-09, sec. 3, adopted 4/11/17)