6.1.1   Conformance with the Use Chart

The use of land and/or buildings shall be in accordance with those listed in the following Use Chart. No land or building shall hereafter be used and no building or structure shall be erected, altered, or converted other than for those uses specified in the zoning district in which it is located. The legend for interpreting the permitted uses in the Use Chart is:

•  Designates use permitted in the Zoning District indicated.

   (Blank) Designates use prohibited in the Zoning District indicated.

S  Designates use may be permitted by a Specific Use Permit.

6.1.2   Allowed Uses and Permit Requirements

Table 7. Permitted Use Chart

*Refer to Subsection 5.1.2 SF-1, Single-Family Residential District, Section E, Special Regulations, of this Appendix B.

**Refer to Subsection 5.1.3 SF-2, Single-Family Residential District, Section E, Special Regulations, of this Appendix B.

***Multiple Family structures may exceed 12,000 square feet when they are located in a C-2 Zoning District.

(Ord. No. 2017-03-03, § 2.02, 3-27-17; Ord. No. 2018-05-06, § 2.03, 5-29-18; Ord. No. 2018-07-12, § 2.02, 7-23-18; Ord. No. 2018-07-13, § 2.03, 7-23-18; Ord. No. 2018-12-24, § 2.02, 12-10-18; Ord. No. 2019-05-10, § 2, 5-28-19; Ord. No. 2022-01-07, § 2.01, 1-24-22; Ord. No. 2023-12-37, § 3, 12-18-23; Ord. No. 2024-07-17, § 2.01, 7-8-24; Ord. No. 2024-08-22, § 2.10, 8-12-24; Ord. No. 2024-10-29, § 2, 10-28-24)

6.1.3   Classification of New/Unlisted Uses

It is recognized that new types of land use will arise in the future, and forms of land use not presently anticipated may seek to locate in the City. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use in the Use Chart shall be made as follows:

A.

Initiation.

(1)

A property owner, City department, the Planning and Zoning Commission, or the City Council may propose zoning amendments to regulate new and previously unlisted uses in accordance with this Ordinance.

(2)

An application for the addition of a new or unlisted use shall be submitted to the Planning Director and shall contain a statement of facts providing all information necessary for the evaluation of the proposed use and the determination of the proper designation, including but not limited to the following:

(a)

The nature of the use and whether the use involves dwelling activity, sales, services, or processing;

(b)

The type of product sold or produced under the use;

(c)

Whether the use has enclosed or outside storage and the amount and nature of the storage;

(d)

Anticipated employment typically anticipated with the use;

(e)

Transportation requirements;

(f)

The nature and time of occupancy and operation of the premises;

(g)

The off-street parking and loading requirements;

(h)

The amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated;

(i)

The requirements for public utilities such as sanitary sewer and water and any special public services that may be required; and

(j)

Impervious surface coverage.

B.

Standards for new and unlisted uses may be interpreted by the Planning Director as being the same or similar to those of a similar use based upon the information provided by the applicant.

C.

If the Planning Director determines that the requested use does not fall within one (1) of the existing zoning district classifications, the Planning Director shall submit the request to the Planning and Zoning Commission for consideration as an amendment to the Zoning Ordinance pursuant to the procedures established herein. The Planning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use.

D.

The City Council shall approve or disapprove the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings. If approved, the new or unlisted use shall be added in the use charts of the Zoning Ordinance according to Section 4.4 Amendments to Zoning Ordinance and Districts.

6.2.1   Manufactured Home Parks, Recreational Vehicle Parks, and Campgrounds

Manufactured Home Parks, RV Parks, and Campgrounds shall be not less than three (3) acres nor greater than thirty-five (35) acres in area.

6.2.2   Antenna Uses

A.

Antenna and/or Antenna Support Structure, Commercial.

(1)

All commercial antennae and antenna support structures allowed by a SUP shall be subject to the following regulations:

(a)

Antenna support structures shall be setback a distance equal to or greater than the tower's height measured from the property lines.

(b)

Antenna support structures shall be constructed to support at least two (2) carriers.

(c)

Antenna facilities shall be screened by a six (6) foot masonry screening wall or a six (6) foot ornamental fence with living screen.

(2)

An antenna located on an existing antenna support structure is permitted by right if the structure remains in conformance with the previously approved site plan.

B.

Antenna and/or Antenna Support Structure, Non-Commercial. All antenna and/or antenna support structures shall be attached to a building.

C.

Antenna, Stealth.

(1)

Commercial Stealth Antennas are permitted by right in the Residential Districts only as a secondary use when the primary use on the lot is a church, school, athletic stadium or field, or public utility structure.

(2)

Commercial Stealth Antennas are permitted by right in the Nonresidential Districts.

(3)

Approval of a Listed Commercial Stealth Antenna. The Director may approve a request to install a stealth antenna when the proposed stealth antenna is of a type that is specifically listed in the definition of Antenna, Stealth.

(4)

Approval of an Unlisted Commercial Stealth Antenna. For commercial stealth antenna requests of a type that are not specifically listed in this definition, the Planning & Zoning Commission may determine if a proposed commercial antenna is a stealth antenna or not when considering Site Plan approval for the proposal.

6.2.3   Home Occupations

A Home Occupation shall meet the following standards to maintain the residential character of the neighborhood while providing opportunities for home-based businesses.

A.

Uses allowed as Home Occupations shall include the following:

(1)

Office of an accountant, architect, attorney, engineer, realtor, minister, rabbi, clergyman, counselor, or similar professions;

(2)

Office of a salesman or manufacturer's representative, provided that no retail or wholesale transactions or provision of services may be personally and physically made on premises;

(3)

Author, artist, sculptor;

(4)

Dressmaker, seamstress, tailor, milliner;

(5)

Music/dance teacher, tutoring, or similar instruction, provided that no more than three (3) pupils may be present at any one (1) time;

(6)

Swimming lessons or water safety instruction, provided that a maximum of six (6) pupils may be present at any one (1) time;

(7)

Home crafts, such as weaving, model making, etc.;

(8)

Repair shop for small electrical appliances, cameras, watches, or other small items, provided that items can be carried by one (1) person with no special equipment, and provided that no internal combustion engine repair is allowed;

(9)

Child-Care: Licensed Child-Care Home, Child-Care: Listed Family Home, or Child Care: Registered Child-Care Home;

(10)

Barbershop, beauty salon, or manicure studio, provided that no more than one (1) customer is served at any one (1) time; and

(11)

Community home and other residential care facilities that qualify as a community home under the Community Homes for Disabled Persons Location Act, Chapter 123 of the Texas Human Resources Code and as amended, provided such facilities meet the requirements set out within this Ordinance.

B.

Home Occupations shall be conducted entirely within the main building.

C.

Home Occupations shall not produce any alteration or change in the exterior appearance of the residence which is inconsistent with the typical appearance of a residential dwelling. The following acts are prohibited in relation with or as a result of a Home Occupation and is not an exhaustive list but is intended as illustrative of actions that violate the standards for conducting a Home Occupation:

(1)

No external evidence of the occupation shall be detectable at any lot line or beyond, including advertising, signs, smoke, dust, noise, fumes, glare, vibration, or electrical disturbance beyond the property line shall be allowed.

(2)

No exterior storage of material, equipment, vehicles, and/or supplies used in conjunction with the Home Occupation shall be allowed.

(3)

No storage of hazardous materials for business purposes shall be allowed on the premises.

(4)

The Home Occupation shall not have a separate entrance. If an accessory building is permitted, it may have a separate entrance.

(5)

Not more than two (2) patron- or business-related vehicles shall be present at any one (1) time, and the proprietor shall provide adequate off-street parking for such vehicles.

(6)

A maximum of one (1) commercial vehicle, capacity one (1) ton or less, may be used or parked on the property in connection with the Home Occupation. The commercial vehicle shall not be parked on the street.

(7)

The Home Occupation shall not require regular or frequent deliveries by heavy load delivery trucks or vehicles in excess of one and one-half (1½) tons.

(8)

Outdoor merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made by telephone or at a sales party may be filled on the premises.

(9)

No traffic shall be generated by a Home Occupation in greater volumes than normally occurs in a residential neighborhood, and any need for parking shall be accommodated within the off-street parking provided for the residence (i.e., the driveway or garage) and along the street frontage of the lot, except as prohibited by Subsection (6) above.

(10)

The Home Occupation shall be clearly incidental and secondary to the use of the premises for residential purposes.

(11)

Only one (1) Home Occupation per home shall be allowed.

(12)

The Home Occupation shall have no employees who are not an occupant of the residence. This shall not include the coordination or supervision of employees who do not regularly visit the house for purposes related to the business.

(13)

The address of the Home Occupation shall not be included in any classified advertisement, yellow pages listing, or other advertisement.

(14)

The Home Occupation shall not offer a ready inventory of any commodity for sale, except as specifically listed under A above.

(15)

The Home Occupation shall not accept clients or customers before 7:00 a.m. or after 10:00 p.m. This limitation on hours of operation shall not apply to authorized childcare Home Occupations. Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. for outdoor activities.

(16)

Except as expressly allowed by and in accordance with this Ordinance and other applicable City Ordinances, outdoor activities such as play areas shall be prohibited unless such activities are screened from neighboring property and public rights-of-way.

D.

Appeal of the Planning Director's Home Occupation Determination. If the applicant disagrees with the determination of the Planning Director, the applicant may appeal to the BOA.

E.

Any Home Occupation that was legally in existence as of the effective date of this Ordinance and that is not in full conformity with these provisions shall be deemed a legal Nonconforming Use.

F.

Determination of a Home Occupation Use Not Specifically Listed. The Planning Director shall determine whether a proposed use not specifically listed is appropriate as a Home Occupation. The Planning Director shall evaluate the proposed Home Occupation in terms of its impact on neighboring property, its similarity to other allowed and prohibited uses, and its conformance with the regulations herein.

6.2.4   Outdoor Storage Performance Standards

Outdoor storage, which is differentiated from outdoor sales (refer to Article 3. Definitions):

A.

Shall be limited to a maximum of five (5) percent of the total lot area.

B.

Shall be prohibited in C-1A, Decatur Square Business District.

C.

Shall be permitted in the LI, Light Industrial District and HI, Heavy Industrial District.

D.

Shall be located behind the front building line and observe all setback requirements for the main structure or building.

E.

Shall be visually screened from any public street or adjacent property with a minimum six (6) foot solid wall or fence.

F.

Temporary Storage Containers:

(1)

Temporary storage units and similar portable storage containers shall be prohibited in C-O, Office District, C-1, Restricted Business District, C-1A, Decatur Square Business District, and C-2, Thoroughfare Business District, except in accordance with Subsection (3) below.

(2)

Units shall be allowed in the LI, Light Industrial District and HI, Heavy Industrial District provided they do not occupy required parking or loading areas, are behind required setbacks and are not contained in a front or side setback adjacent to a street.

(3)

Units may be used in all nonresidential districts on a temporary basis during construction while a valid permit exists. If the business is closed or limited during construction, the containers may occupy required parking.

(4)

Units may be located in the front yard, or in the side yard forward of the midpoint of the lot depth, for a period not to exceed four (4) days.

(5)

Units may be placed in the rear yard, or in the side yard behind the midpoint of the lot depth, for a period not to exceed thirty (30) days.

(a)

Exception: receptacles used in conjunction with a home renovation are not included in this rear yard regulation.

6.2.5   Outdoor Sales

A.

Outdoor Sales/Display. Outdoor retail sales, excluding those uses in Section 6.1 Use Chart with normal Outdoor Sales such as automobile sales lots, which involve the outside display of merchandise and seasonal items (refer to the Article 3. Definitions), that have a display area greater than thirty (30) percent of the Gross Floor Area of the principal Building shall be subject to the following regulations:

(1)

Shall not be placed/located more than thirty (30) feet from the main building in C-1, Restricted Business District and C-2, Thoroughfare Business District, and not more than twelve (12) feet from the main building in C-1A, Decatur Square Business District.

(2)

Shall not occupy any of the parking spaces that are required by this Ordinance for the primary use(s) of the property.

(3)

Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.

(4)

Shall not extend into public right-of-way or onto adjacent property.

(5)

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

B.

Temporary Seasonal Sales and Events.

(1)

Shall be allowed in the C-1, Restricted Business District and C-2, Thoroughfare Business District, and the special districts.

(2)

May occupy the parking spaces that are required by this Ordinance for the primary use(s) of the property for seasonal sales on a temporary basis only, which is a maximum of thirty (30) days per display of seasonal materials and a maximum of two (2) displays per calendar year, provided parking is adequate and not overloading the streets or adjacent properties.

(3)

Shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way.

(4)

Shall not extend into public right-of-way or onto adjacent property.

(5)

All merchandise shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner.

(6)

All items shall be displayed no longer than six (6) months.

6.2.6   Recreational Vehicles, Travel Trailers, and Motor Homes

Recreational vehicles, travel trailers or motor homes may not be used for nonresidential purposes, except for seasonal or temporary events.

6.2.7   Small Wind Energy Systems

A.

Systems are permitted only on lots one (1) acre or larger.

B.

Systems are permitted only in the rear yard.

C.

The minimum setback from any property line, overhead utility line, or public right-of-way shall be a distance equal to the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point.

6.2.8   Sale of Alcoholic Beverages

A.

Prohibited sales. The sale of alcoholic beverages is not allowed in areas zoned for residential use, including but not limited to PD planned development districts approved exclusively for residential uses. Except as otherwise specifically allowed by the Texas Alcoholic Beverage Commission or as otherwise provided herein, no alcoholic beverages may be sold within three hundred (300) feet of a church, public school or private school, or public hospital. Measurement of such distance shall be in accordance with the terms of this section and the Texas Alcoholic Beverage Code, as amended. Except as otherwise specifically allowed by the Texas Alcoholic Beverage Commission or as otherwise provided herein, the sale of alcoholic beverages for on-premises consumption for "Country Club," "Golf Course, Private Country Club" and "Golf Course, Public/ Municipal" in Single-Family Zoning Districts (SF-1 and SF-2) may be allowed with a Specific Use Permit (SUP) pursuant to Section 6.2.8H.

B.

Permits.

Fees established. The annual permit fee for issuing a license or permit to operate, conduct, and maintain a business establishment selling alcoholic beverages in the City is:

(1)

For stores with beer and wine sales for off-premises consumption only, and, except as specifically exempted herein, for locations with mixed beverage permits, the permit holder shall pay a fee equal to one-half (½) of the state fee for such license and permit in effect at the time of the initial permit application or renewal for the annual permit, as applicable. Such fee shall be in addition to any applicable fee for a food and beverage certificate.

(2)

Exemption. A mixed beverage permit is exempt from the payment of the fee imposed by this subsection during the three-year period following the issuance of the permit as specified in the Texas Alcoholic Beverage Code.

(3)

Payment of fees/Term. The permit fee shall be collected when the application for such permit is submitted. This permit shall be valid only for one year (365 days) from the date of its issuance, and if issued during the calendar year, the fee shall be collected in full without reduction and shall be renewed by the applicant annually thereafter during the time that such applicant is engaged in the business of selling alcoholic beverages within the city. Permit applications shall be filed with the planning and zoning coordinator.

C.

Zoning compliance required. No permit shall be granted under the terms of this section unless the location at which the business is sought to be established and maintained is a permitted use under the comprehensive zoning ordinance of the city as of or after the effective date thereof.

D.

Business hours. It is unlawful for any person to sell, offer for sale, or deliver any beer, wine, or liquor, except within those hours as prescribed in the Texas Alcoholic Beverage Code, as amended, including but not limited to chapter 105 of the Texas Alcoholic Beverage Code, as amended.

E.

Compliance required. Compliance with city codes and ordinances is required for on-premises sale and consumption of alcoholic beverages as follows:

(1)

Alcoholic beverage sales for off-premises consumption (beer and wine only). A building utilized for the retail sale of beer and/or wine for off-premises consumption only shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances.

(2)

Alcoholic beverage sales for off-premises consumption—liquor (package) store. The following provisions shall be required for liquor (package) stores:

(a)

A liquor (package) store shall not have walk-up window access, and shall not have drive-through or drive-up access.

(b)

A liquor (package) store shall operate in premises that are not physically completely separate from any other business and the exterior design of the store shall show evidence of coordination with contextual influences of neighboring properties in regard to building setbacks, orientation, and relationship of structures to each other and to the street. The layout of the site shall respect and build upon the arrangement of buildings, open spaces and landscape elements of adjacent sites.

(3)

Alcoholic beverage sales for on-premises consumption in conjunction with a restaurant use. A restaurant utilized for the retail sale of alcoholic beverages for on-premises consumption shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances.

(4)

Alcoholic beverages for on-premises consumption—bar or tavern. A bar or tavern shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. The following additional provisions shall be required for bars or taverns:

(a)

A bar or tavern shall not be located closer than three hundred (300) feet to any property used exclusively for religious or educational purposes. The method of measurement shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. A hotel shall not be considered a residential use for the purpose of this section.

(b)

The city council shall have full discretion to approve or deny an SUP application for a bar or tavern and may impose any reasonable condition deemed necessary by the council, including SUP expiration provisions, business name and signage, and change of ownership requirements to ensure community health, safety and welfare in approving a bar or tavern.

F.

Procedures prior to issuance of permit. Before any certification from the Texas Alcoholic Beverage Commission or other documentation of approval is signed by the city representative, such certificate or documentation shall be submitted to the planning and zoning coordinator to assure:

(1)

That the application complies with all provisions of this and all applicable ordinances;

(2)

That a SUP application is officially filed with the payment of applicable fees;

(3)

That proof is submitted that a representative of the Texas Alcoholic Beverage Commission has approved the submittal of an application for license; and

(4)

That the chief of police/director of public safety has reviewed the SUP application.

G.

Additional development conditions/waivers. The City Council may attach additional development conditions, or grant specific waivers to applicable code requirements, to the specific use permit that the council, in its discretion, determines are appropriate for buffering, safety, security, and compatibility for and to adjacent properties.

H.

Specific use permit (SUP).

(1)

SUP required. Except as specifically provided herein, no persons shall manufacture, sell, offer for sale, distribute or engage in any other activity for which a permit or license is required by the Texas Alcoholic Beverage Code within the city without first obtaining a specific use permit to do so from the city. All of the provisions of the specific use permit procedure shall apply as per the city's comprehensive zoning ordinance, as amended. In the event of a conflict between the general regulations governing specific use permits and the provisions contained in this section, the provisions of this section shall control.

(2)

SUP application. In order for a person to engage in the sale of alcoholic beverages, a formal application for a SUP shall be filed with the planning and zoning coordinator with the appropriate fee established by the city. The planning and zoning coordinator shall process the application by submitting to the planning and zoning commission for their review and recommendation to the city council for approval or disapproval. The city council will consider and approve or disapprove the granting of a SUP for the sale of alcoholic beverages.

(3)

Specific use permits and applications in existence as of March 27, 2017. Any existing SUP for the sale of alcoholic beverages for on-premises consumption for which the SUP was either issued, or for which an application was received, prior to March 27, 2017 and such SUP has not expired, or said application has not been approved by the city council, said establishment shall not sell alcoholic beverages such that the gross receipts from alcohol sales exceed 50 percent all gross receipts from all sales by the establishment. A new SUP must be granted by the city council in compliance with the requirements of this section in order to increase any alcohol-to-food-sales ratio for on-premises alcohol sales for any existing establishment and for any unapproved SUP where an active application has been submitted.

I.

Criteria and processing of SUP. The following general conditions apply to all specific use permits (SUP) allowing the sale of any alcoholic beverages:

(1)

The applicant must design and operate the establishment for which an SUP is sought in such a manner that the proposed use or actual use of the premises shall not substantially increase traffic congestion or create overcrowding in the establishment or in the immediately surrounding area.

(2)

The applicant must comply with applicable licensing and permit provisions of the Texas Alcoholic Beverage Code, as amended from the date of the issuance of the SUP by the city council.

(3)

As required, the applicant shall bear the burden of showing that the establishment does not exceed the limitation on gross receipts from the sales of alcoholic beverages applicable to its license and SUP. The applicant shall maintain accounting records of the sources of its gross revenue and allow the city to inspect such records during reasonable business hours.

(4)

The applicant shall demonstrate that the granting of the SUP would not be detrimental to the public health, safety and/or welfare of the citizens of the city.

(5)

The applicant shall, at all times, provide an adequate number of employees for security purposes to adequately control the establishment premises to prevent incidents of drunkenness, disorderly conduct and raucous behavior. The applicant shall consult with the chief of police/director of public safety who shall act in an advisory capacity to determine the number of qualified employees necessary to meet his/her obligation hereunder.

(6)

The establishment shall provide adequate parking spaces to accommodate its employees and patrons. Provided however, the number of parking spaces shall never be less than those required for similar uses in that zoning district where the establishment is located.

(7)

The applicant shall operate the establishment in such a manner as to prevent excessive noise, dirt, litter and odors in the establishment and in the surrounding area and operate the establishment in such a manner as to minimize disturbance to surrounding property owners and in compliance with all applicable city ordinances and state laws.

(8)

Unless specified as a condition of approval by the city council for an SUP, a specific use permit issued for any alcoholic beverage sales under this section shall automatically expire upon a change in use of the property, change of ownership to the property and/or business and/or upon the revocation, termination or expiration of the certificate of occupancy.

(9)

All specific use permits issued under this section shall be further conditioned that the same may be discontinued if the use for which the SUP was granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months, or as otherwise provided for the revocation of SUPs, as outlined in the comprehensive zoning ordinance, as amended.

J.

Denial of SUP. The city council may deny an SUP if it affirmatively determines that the issuance of such SUP:

(1)

Is incompatible with the surrounding uses or property; or

(2)

Is detrimental or offensive to the neighborhood or contrary to the health, safety, and general welfare of the city and its inhabitants; or

(3)

Is found to be in noncompliance with any city ordinances, including without limitation failure to comply with any one (1) or more of the provisions of this section.

K.

Methods for determining distance measurement.

(1)

Church or public hospital. The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections.

(2)

Public or private school. The measurement of distance between the place of business where alcoholic beverages are sold and a public or private school shall be:

(a)

In a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or

(b)

If the permit or license holder is located on or above the fifth (5th) story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.

L.

Exception to distance requirements. Upon receipt of a request, the planning and zoning commission will consider and make a recommendation to the city council to consider an exception to reduce the distance requirement contained in this section and the city council shall take final action on such recommendation based upon the criteria specified herein below:

(1)

A planning and zoning commission recommendation to reduce the distance requirement and final action of the city council to allow such reduction shall be based upon the following. Upon recommendation by the Planning and Zoning Commission, the city council may allow an exception upon proof by the applicant that he/she meets the following criteria: documented approval from surrounding property owners within the distance requirements for which the exception is sought; proof of preliminary approval from the Texas Alcoholic Beverage Commission; a determination by council that the enforcement of the regulations in a particular instance is not in the best interest of the public; and after consideration of the health, safety and welfare of the public and the equities of such regulation, the council determines that the exception is in the best interest of the community.

(2)

The city council shall have the authority to grant an exception under this section for temporary special events after review and recommendation by the planning and zoning commission. For such events, both the planning and zoning commission and the city council shall consider: hours of the event, impact on surrounding area; estimated number of participants; personal and property security; duration and other health, safety and welfare considerations as deemed appropriate and necessary by the city council.

(3)

No exception may be granted hereunder except after a public hearing for which notice has been given to owners of real property within three hundred (300) feet (or one thousand (1,000) feet if applicable) of the location of the proposed business or of the proposed location for temporary special event. Such notice must be given not less than ten (10) days before the date set for hearing.

M.

Possession or consumption prohibited in certain areas.

(1)

Athletic fields, parks, cemeteries, or public areas. It shall be unlawful for any person to possess an open alcoholic beverage container or consume any alcoholic beverage in any city-owned or controlled athletic field and all parking lots servicing such athletic fields except as specifically approved by the city council, ordinance, or city council approved policy which governs such conduct. It shall be unlawful for any person to possess an open alcoholic beverage container or consume any alcoholic beverage, as defined by the Texas Alcoholic Beverage Code in any city-owned or controlled park, including reserved area(s) within any park, playground, recreation center, cemetery or any other area in the city-owned or used by the city and devoted to active or passive recreation, including all planted expressways, all parking lots servicing parks and public areas, parkways, triangles, and traffic islands maintained by the city except as specifically approved by the city council, ordinance, or city council approved policy which governs such conduct.

(2)

Schools and school activities. It shall be unlawful for any person to possess an open container or consume any alcoholic beverage on a public street, public alley, or public sidewalk within one thousand (1,000) feet of the property line of a facility that is a public or private school, including a parochial school, that provides all or any part of pre-kindergarten through twelfth grade in the buildings or on the grounds of any public school in the city limits or at any school-related activity conducted within the city limits.

(Ord. No. 2017-03-03, § 2.03, 3-27-17; Ord. No. 2021-02-01, § 2.4, 2-8-21)

6.2.9   Community/Farmer's Markets

A.

In Zoning Districts where allowed by right according to Section 6.2, Allowed uses and Permit Requirements, Table 7, Permitted Uses, all Community/Farmer's Markets shall:

1.

Have a minimum area of ten feet by ten feet (10' × 10') for each vendor.

2.

Have aisles a minimum of four feet (4') wide along each side of each vendor area in order to allow for pedestrian and emergency access.

3.

Not block or occupy any open public right of way, easement, Fire Lane, required parking space, entrance or exit.

4.

Provide restrooms with hand wash facilities within five hundred feet (500') of the market; and

5.

Provide adequate trash receptacles which shall be emptied and properly disposed of daily.

B.

In Zoning Districts where allowed with an approved Specific Use Permit according to Section 6.2, Allowed Uses and Permit Requirements, Table 7, Permitted Uses, Community/Farmer's Markets shall:

1.

Meet the requirements set forth in Subsection A. above; and

2.

Receive approval of a written plan to provide protection from vehicular traffic by use of natural, permanent or temporary barricades that protect the Community/Farmer's Market and its customers.

(Ord. No. 2018-12-24, § 2.03, 12-10-18)