Early City Zoning Code
ARTICLE 2
ZONING DISTRICTS AND LAND USES
Sec. 2-1-1, Purpose and Applicability
Purpose. The purpose of this Article is to establish zoning districts which will provide for quality development and that will correspond to the specific purpose statements for each zoning district as set out in Sec. 2-1-3, Zoning Districts Established.
Effect. The districts set out in this Article apply to all land, buildings, structures, and appurtenances within the corporate boundaries of the City.
Zoning Districts. As of the effective date of this UDC, land zoned with a district classification from the previous zoning regulations will be either consolidated into or renamed with a new district designation. The specifics of this process are displayed in Sec. 2-1-3, Zoning Districts Established.
Effective on: 6/22/2021
Sec. 2-1-2, Official Zoning Map
- Undesignated Property. Should however it be determined that there is property within the City's municipal limits that is not zoned, then the zoning district of Agricultural (AG) shall apply.
- Annexed Property. At the time of annexation, the City will typically designate the zoning district for which the newly annexed property is intended to be used. However, should this designation not occur within an annexation ordinance, property shall be zoned as AG upon being annexed into the City.
- Rights-of-Way or Easements. Where boundary lines appear to follow existing streets, alleys, railroad tracks, utility lines, or similar features, the zoning boundary shall be construed to follow the centerline of such features. Where the location of these features on the ground differs from that shown on the official zoning map, the features on the ground control.
- Property Lines. Where the boundaries are indicated as approximately following property or other lot lines, such lines shall be construed to be the boundaries.
- Watercourses. Boundaries shown as following, or approximately following, the shoreline or centerline of drainage ways, rivers, streams, or other watercourses shall be construed as following the channel shoreline or centerline. In the event of a natural change in the location of such streams or other watercourses, the zoning district boundary shall be construed as moving with the channel shoreline or centerline.
- Un-subdivided Land or No Identifiable Feature. Where un-subdivided land, or where a zoning district boundary follows no identifiable feature, the location of the boundary unless the same is indicated by dimensions, shall be determined by applying, in order, the following rules:
- Legal Description. The boundary shall be according to the legal description in the ordinance establishing the district boundaries;
- Text Dimensions. The boundary shall be located by reference to dimensions shown in the text on the official zoning map. Any zoning map amendment (rezoning) ordinance shall include the legal description of the land involved extending to the centerline of abutting rights-of-way
- Map Scale. The boundary shall be located using the map scale appearing on the official zoning map.
- Floodplain Boundaries. When not otherwise determined, the boundaries of flood zones shall follow contour or elevation lines at the elevation above sea level indicated on the official Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM). Elevations between stream cross-sections on the FHBM or FIRM shall be determined by proportional interpolation.
- Vacation or Abandonment. Where a public street, alley, or parcel of land is officially vacated or abandoned, the regulations applicable to the abutting property apply equally to the vacated or abandoned street, alley, or parcel of land.
Effective on: 6/22/2021
Sec. 2-1-3, Zoning Districts Established
Established in Table 2-1-3, Zoning Districts and Purposes, are the zoning districts for the City. The table identifies the district name and abbreviation, along with a purpose statement for each district.
Table 2-1-3 Zoning Districts and Purposes | ||
|---|---|---|
| Districts | The purpose of the district is to provide for: | |
| Name | Prior Districts Consolidated / Renamed | |
| Rural and Residential Districts | ||
| Agricultural (AG) | New District | The preservation and continuation of agricultural use of land where adequate public infrastructure is either not available and/or urban development is premature or inappropriate and promotes the maintenance and connection of residents to their agricultural roots, while benefiting from the amenities provided by living in the City limits. |
| Single-Family Residential (SF) | R-1 | The development and preservation of low-density single-family detached residential neighborhoods. |
| R-1a | ||
General Residential (GR) | R-ZL | A variety of different housing options within a single medium density zoning district. Such housing options include a variety of single-family attached (i.e. duplexes and townhomes), single-family detached and multi-family residential uses. |
| R-2 | ||
| R-3 | ||
| Manufactured Home (MH) | R-4 | To provide locations with the City for properly maintained manufactured homes and manufactured home parks. |
| Nonresidential Districts | ||
| Town Center (TC) | New District | The creation of town center with a compact pedestrian-friendly scale, mixing of residential and commercial uses, on-street and off-site parking, and urban character typical of a downtown core. |
General Commercial (GC) | C-1 | A wide range of commercial uses which include overnight accommodations that are situated on parcels that provide on-site surface parking. |
| C-2 | ||
| RVZ | ||
| Industrial (IN) | M-1 | Industrial uses that are primarily operated indoors. |
| M-2 | ||
Table 2-1-3 Zoning Districts and Purposes | ||
|---|---|---|
| Districts | The purpose of the district is to provide for: | |
| Name | Prior Districts Consolidated / Renamed | |
| Rural and Residential Districts | ||
| Agricultural (AG) | New District | The preservation and continuation of agricultural use of land where adequate public infrastructure is either not available and/or urban development is premature or inappropriate and promotes the maintenance and connection of residents to their agricultural roots, while benefiting from the amenities provided by living in the City limits. |
| Single-Family Residential (SF) | R-1 | The development and preservation of low-density single-family detached residential neighborhoods. |
| R-1a | ||
General Residential (GR) | R-ZL | A variety of different housing options within a single medium density zoning district. Such housing options include a variety of single-family attached (i.e. duplexes and townhomes), single-family detached and multi-family residential uses. |
| R-2 | ||
| R-3 | ||
| Manufactured Home (MH) | R-4 | To provide locations with the City for properly maintained manufactured homes and manufactured home parks. |
| Nonresidential Districts | ||
| Town Center (TC) | New District | The creation of town center with a compact pedestrian-friendly scale, mixing of residential and commercial uses, on-street and off-site parking, and urban character typical of a downtown core. |
General Commercial (GC) | C-1 | A wide range of commercial uses which include overnight accommodations that are situated on parcels that provide on-site surface parking. |
| C-2 | ||
| RVZ | ||
| Industrial (IN) | M-1 | Industrial uses that are primarily operated indoors. |
| M-2 | ||
Table 2-1-3 Zoning Districts and Purposes | ||
|---|---|---|
| Districts | The purpose of the district is to provide for: | |
| Name | Prior Districts Consolidated / Renamed | |
| Rural and Residential Districts | ||
| Agricultural (AG) | New District | The preservation and continuation of agricultural use of land where adequate public infrastructure is either not available and/or urban development is premature or inappropriate and promotes the maintenance and connection of residents to their agricultural roots, while benefiting from the amenities provided by living in the City limits. |
| Single-Family Residential (SF) | R-1 | The development and preservation of low-density single-family detached residential neighborhoods. |
| R-1a | ||
General Residential (GR) | R-ZL | A variety of different housing options within a single medium density zoning district. Such housing options include a variety of single-family attached (i.e. duplexes and townhomes), single-family detached and multi-family residential uses. |
| R-2 | ||
| R-3 | ||
| Manufactured Home (MH) | R-4 | To provide locations with the City for properly maintained manufactured homes and manufactured home parks. |
| Nonresidential Districts | ||
| Town Center (TC) | New District | The creation of town center with a compact pedestrian-friendly scale, mixing of residential and commercial uses, on-street and off-site parking, and urban character typical of a downtown core. |
General Commercial (GC) | C-1 | A wide range of commercial uses which include overnight accommodations that are situated on parcels that provide on-site surface parking. |
| C-2 | ||
| RVZ | ||
| Industrial (IN) | M-1 | Industrial uses that are primarily operated indoors. |
| M-2 | ||
Table 2-1-3 Zoning Districts and Purposes | ||
|---|---|---|
| Districts | The purpose of the district is to provide for: | |
| Name | Prior Districts Consolidated / Renamed | |
| Rural and Residential Districts | ||
| Agricultural (AG) | New District | The preservation and continuation of agricultural use of land where adequate public infrastructure is either not available and/or urban development is premature or inappropriate and promotes the maintenance and connection of residents to their agricultural roots, while benefiting from the amenities provided by living in the City limits. |
| Single-Family Residential (SF) | R-1 | The development and preservation of low-density single-family detached residential neighborhoods. |
| R-1a | ||
General Residential (GR) | R-ZL | A variety of different housing options within a single medium density zoning district. Such housing options include a variety of single-family attached (i.e. duplexes and townhomes), single-family detached and multi-family residential uses. |
| R-2 | ||
| R-3 | ||
| Manufactured Home (MH) | R-4 | To provide locations with the City for properly maintained manufactured homes and manufactured home parks. |
| Nonresidential Districts | ||
| Town Center (TC) | New District | The creation of town center with a compact pedestrian-friendly scale, mixing of residential and commercial uses, on-street and off-site parking, and urban character typical of a downtown core. |
General Commercial (GC) | C-1 | A wide range of commercial uses which include overnight accommodations that are situated on parcels that provide on-site surface parking. |
| C-2 | ||
| RVZ | ||
| Industrial (IN) | M-1 | Industrial uses that are primarily operated indoors. |
| M-2 | ||
Effective on: 6/22/2021
Sec. 2-2-1, Purpose and Applicability
- Timing of Compliance.
- The standards of this Article apply at the time a limited, specific, or temporary use is requested to be established in an existing or new structure, or when an existing limited, specific, or temporary use is proposed to be expanded by more than 10 percent of the existing square footage currently devoted to the use. The 10 percent expansion requirement shall include any and all proposed expansions within a ten-year timeframe.
- This Article applies to an expansion of the use whether it is within an existing building, in an outdoor area devoted to the use, or a combination of thereof.
- Other Applicable Standards. The standards of this Division are applied in addition to the other applicable standards of this UDC, specifically including: DIVISION 3-1, Lot and Building Standards; DIVISION 3-2, Parking and Loading; DIVISION 3-3, Landscaping and Buffering; and DIVISION 3-4, Signs;
- Procedures.
- For limited uses and temporary uses, the Administrator shall use the criteria set out in Sec. 2-2-3, Limited Use Standards, and Sec. 2-2-5, Temporary Use Standards, to determine whether to approve a land use requested by the applicant.
- For specific uses, a specific use permit is required to be obtained in accordance with the procedures set out in Sec. 2-2-4, Specific Use Permit.
Effective on: 6/22/2021
Sec. 2-2-2, Use Tables
A.
Land Use Designations. Outlined in Table 2-2-2-1, Residential and Agricultural Uses, and Table 2-2-2-2, Non-Residential Uses, is a description of which land uses are:
- 1.(P) - Permitted;
- 2.(S) - Permitted subject to a recommendation by the Planning and Zoning Commission and subsequent approval of a specific use permit by the City Council [See Sec. 2-2-4, Specific Use Permit];
- 3.(L) - Permitted subject to approval by the Administrator and limited use standards; and
- 4.(T) - Permitted on a temporary basis with the approval of a temporary use permit by the City Administrator [See Sec. 8-3-10, Temporary Use Permit.]
- 5.(--) - Prohibited.
B.
Allowed Land Uses. Land uses that are designated as either (P), (S), (L), or (T) in either Table 2-2-2-1, Residential and Agricultural Uses, or Table 2-2-2-2, Non-Residential Uses, are required to meet all other standards of this UDC and the City's Code of Ordinances.
C.
D.
Accessory Structures. See Sec. 3-1-8, Standards for Accessory Structures.
E.
Residential Land Use Table. Set out in Table 2-2-2-1, Residential and Agricultural Uses, are the residential uses allowed and organized by individual zoning district.
Table 2-2-2-1 Residential and Agricultural Uses | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| P = Permitted | L = Limited | S = Specific | "--" Prohibited | |||||||||||
| Use Category | Land Use | Zoning Districts | Use Standards | ||||||||
| AG | SF | GR | MH | TC | GC | IN | |||||
| Residential | |||||||||||
Single-Family | Single-Family Dwelling (Standard) | P | P | P | P | -- | -- | -- | -- | ||
| Manufactured Home | -- | L | -- | P | -- | -- | -- | Sec. 2-2-3 | |||
| Mobile Home | -- | -- | -- | -- | -- | -- | -- | -- | |||
| Multiple-Family | Apartment (>3 du) | -- | -- | P | -- | P | L | -- | Sec. 2-2-3 | ||
| Duplex (2 du) | -- | -- | P | -- | -- | -- | -- | -- | |||
| Manufactured Home Park | -- | -- | -- | L | -- | -- | -- | Sec. 2-2-3 | |||
| Townhouse (3 to 10 du) | -- | -- | P | -- | P | L | -- | Sec. 2-2-3 | |||
Residential Accessory Uses | Accessory Building | P | P | P | P | -- | -- | -- | -- | ||
| Attached Accessory Dwelling Unit | P | L | P | -- | L | -- | -- | Sec. 2-2-3 | |||
| Detached Accessory Dwelling Unit | L | L | L | -- | -- | -- | -- | Sec. 2-2-3 | |||
| Home Business | L | L | L | L | -- | -- | -- | Sec. 2-2-3 | |||
| Home Occupation | L | L | L | L | L | -- | -- | Sec. 2-2-3 | |||
| Short-Term Rental | L | L | L | -- | L | -- | -- | Sec. 2-2-3 | |||
| Upper-Story Residential | P | -- | P | -- | P | -- | -- | -- | |||
| Agricultural | |||||||||||
| Agricultural Uses and Agricultural Support Services | Animal Husbandry | L | -- | -- | -- | -- | -- | L | Sec. 2-2-3 | ||
| Community Garden | P | P | P | P | P | -- | -- | -- | |||
| Farm, Ranch, or Orchard | P | -- | -- | -- | -- | -- | -- | -- | |||
| Farm, Ranch, or Orchard Sales | L | -- | -- | -- | -- | P | -- | Sec. 2-2-3 | |||
| Greenhouse / Nursery | L | -- | -- | -- | -- | P | -- | Sec. 2-2-3 | |||
Table 2-2-2-1 Residential and Agricultural Uses | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| P = Permitted | L = Limited | S = Specific | "--" Prohibited | |||||||||||
| Use Category | Land Use | Zoning Districts | Use Standards | ||||||||
| AG | SF | GR | MH | TC | GC | IN | |||||
| Residential | |||||||||||
Single-Family | Single-Family Dwelling (Standard) | P | P | P | P | -- | -- | -- | -- | ||
| Manufactured Home | -- | L | -- | P | -- | -- | -- | Sec. 2-2-3 | |||
| Mobile Home | -- | -- | -- | -- | -- | -- | -- | -- | |||
| Multiple-Family | Apartment (>3 du) | -- | -- | P | -- | P | L | -- | Sec. 2-2-3 | ||
| Duplex (2 du) | -- | -- | P | -- | -- | -- | -- | -- | |||
| Manufactured Home Park | -- | -- | -- | L | -- | -- | -- | Sec. 2-2-3 | |||
| Townhouse (3 to 10 du) | -- | -- | P | -- | P | L | -- | Sec. 2-2-3 | |||
Residential Accessory Uses | Accessory Building | P | P | P | P | -- | -- | -- | -- | ||
| Attached Accessory Dwelling Unit | P | L | P | -- | L | -- | -- | Sec. 2-2-3 | |||
| Detached Accessory Dwelling Unit | L | L | L | -- | -- | -- | -- | Sec. 2-2-3 | |||
| Home Business | L | L | L | L | -- | -- | -- | Sec. 2-2-3 | |||
| Home Occupation | L | L | L | L | L | -- | -- | Sec. 2-2-3 | |||
| Short-Term Rental | L | L | L | -- | L | -- | -- | Sec. 2-2-3 | |||
| Upper-Story Residential | P | -- | P | -- | P | -- | -- | -- | |||
| Agricultural | |||||||||||
| Agricultural Uses and Agricultural Support Services | Animal Husbandry | L | -- | -- | -- | -- | -- | L | Sec. 2-2-3 | ||
| Community Garden | P | P | P | P | P | -- | -- | -- | |||
| Farm, Ranch, or Orchard | P | -- | -- | -- | -- | -- | -- | -- | |||
| Farm, Ranch, or Orchard Sales | L | -- | -- | -- | -- | P | -- | Sec. 2-2-3 | |||
| Greenhouse / Nursery | L | -- | -- | -- | -- | P | -- | Sec. 2-2-3 | |||
Table 2-2-2-1 Residential and Agricultural Uses | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| P = Permitted | L = Limited | S = Specific | "--" Prohibited | |||||||||||
| Use Category | Land Use | Zoning Districts | Use Standards | ||||||||
| AG | SF | GR | MH | TC | GC | IN | |||||
| Residential | |||||||||||
Single-Family | Single-Family Dwelling (Standard) | P | P | P | P | -- | -- | -- | -- | ||
| Manufactured Home | -- | L | -- | P | -- | -- | -- | Sec. 2-2-3 | |||
| Mobile Home | -- | -- | -- | -- | -- | -- | -- | -- | |||
| Multiple-Family | Apartment (>3 du) | -- | -- | P | -- | P | L | -- | Sec. 2-2-3 | ||
| Duplex (2 du) | -- | -- | P | -- | -- | -- | -- | -- | |||
| Manufactured Home Park | -- | -- | -- | L | -- | -- | -- | Sec. 2-2-3 | |||
| Townhouse (3 to 10 du) | -- | -- | P | -- | P | L | -- | Sec. 2-2-3 | |||
Residential Accessory Uses | Accessory Building | P | P | P | P | -- | -- | -- | -- | ||
| Attached Accessory Dwelling Unit | P | L | P | -- | L | -- | -- | Sec. 2-2-3 | |||
| Detached Accessory Dwelling Unit | L | L | L | -- | -- | -- | -- | Sec. 2-2-3 | |||
| Home Business | L | L | L | L | -- | -- | -- | Sec. 2-2-3 | |||
| Home Occupation | L | L | L | L | L | -- | -- | Sec. 2-2-3 | |||
| Short-Term Rental | L | L | L | -- | L | -- | -- | Sec. 2-2-3 | |||
| Upper-Story Residential | P | -- | P | -- | P | -- | -- | -- | |||
| Agricultural | |||||||||||
| Agricultural Uses and Agricultural Support Services | Animal Husbandry | L | -- | -- | -- | -- | -- | L | Sec. 2-2-3 | ||
| Community Garden | P | P | P | P | P | -- | -- | -- | |||
| Farm, Ranch, or Orchard | P | -- | -- | -- | -- | -- | -- | -- | |||
| Farm, Ranch, or Orchard Sales | L | -- | -- | -- | -- | P | -- | Sec. 2-2-3 | |||
| Greenhouse / Nursery | L | -- | -- | -- | -- | P | -- | Sec. 2-2-3 | |||
Table 2-2-2-1 Residential and Agricultural Uses | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| P = Permitted | L = Limited | S = Specific | "--" Prohibited | |||||||||||
| Use Category | Land Use | Zoning Districts | Use Standards | ||||||||
| AG | SF | GR | MH | TC | GC | IN | |||||
| Residential | |||||||||||
Single-Family | Single-Family Dwelling (Standard) | P | P | P | P | -- | -- | -- | -- | ||
| Manufactured Home | -- | L | -- | P | -- | -- | -- | Sec. 2-2-3 | |||
| Mobile Home | -- | -- | -- | -- | -- | -- | -- | -- | |||
| Multiple-Family | Apartment (>3 du) | -- | -- | P | -- | P | L | -- | Sec. 2-2-3 | ||
| Duplex (2 du) | -- | -- | P | -- | -- | -- | -- | -- | |||
| Manufactured Home Park | -- | -- | -- | L | -- | -- | -- | Sec. 2-2-3 | |||
| Townhouse (3 to 10 du) | -- | -- | P | -- | P | L | -- | Sec. 2-2-3 | |||
Residential Accessory Uses | Accessory Building | P | P | P | P | -- | -- | -- | -- | ||
| Attached Accessory Dwelling Unit | P | L | P | -- | L | -- | -- | Sec. 2-2-3 | |||
| Detached Accessory Dwelling Unit | L | L | L | -- | -- | -- | -- | Sec. 2-2-3 | |||
| Home Business | L | L | L | L | -- | -- | -- | Sec. 2-2-3 | |||
| Home Occupation | L | L | L | L | L | -- | -- | Sec. 2-2-3 | |||
| Short-Term Rental | L | L | L | -- | L | -- | -- | Sec. 2-2-3 | |||
| Upper-Story Residential | P | -- | P | -- | P | -- | -- | -- | |||
| Agricultural | |||||||||||
| Agricultural Uses and Agricultural Support Services | Animal Husbandry | L | -- | -- | -- | -- | -- | L | Sec. 2-2-3 | ||
| Community Garden | P | P | P | P | P | -- | -- | -- | |||
| Farm, Ranch, or Orchard | P | -- | -- | -- | -- | -- | -- | -- | |||
| Farm, Ranch, or Orchard Sales | L | -- | -- | -- | -- | P | -- | Sec. 2-2-3 | |||
| Greenhouse / Nursery | L | -- | -- | -- | -- | P | -- | Sec. 2-2-3 | |||
- E.Nonresidential Land Use Table. Set out in Table 2-2-2-2, Non-Residential Uses, are the nonresidential uses allowed and organized by individual zoning district.
(Ord. No. 2022-03, 06/14/2022)
Effective on: 6/14/2022
Sec. 2-2-3, Limited Use Standards
A.
Purpose. The purpose of this Section is to promote compatibility among land uses by establishing standards for the limited uses indicated in the use tables in Sec. 2-2-2, Use Tables.
B.
Application.
- 1.Generally. Uses shown as limited may be approved only if they meet the standards of this Article and other applicable standards and requirements of the UDC.
- 2.Timing of Compliance. These standards apply at the time a limited use is requested for an existing or new structure, or when an existing limited use is proposed to be expanded by more than 10 percent of the gross square footage currently devoted to the use.
- 3.Expansions. This Section is applicable when there is an expansion of the use whether it is to or within an existing building, an outdoor area devoted to the use, or a combination of thereof.
- 4.Distance Requirements. Unless otherwise stated within this section, all distance requirements for limited uses are interpreted to be measured from the closest two points.
- 5.Procedures. For limited uses, the City Administrator shall use the criteria set out in this Section to determine whether to authorize a land use requested by an applicant or whether to recommend it for a decision of the Planning and Zoning Commission.
- 6.Other Applicable Standards. The standards of this Section are applied in addition to the other applicable standards and procedures of this UDC, specifically including:
- a.Article 3, Development Standards;
- b.Article 4, Subdivision Standards;
- c.
- d.Article 8, Development Review Procedures.
- C.Residential and Agricultural Uses.
- 1.Animal Husbandry. The use is permitted provided that:
- a.It is in conformance with Chapter 5, Animals and Fowl, of the City's Code of Ordinances;
- b.Unless, the agricultural use is pre-existing, a setback of 200 ft. for all surrounding properties where there are uses other than agricultural uses present is required; and
- c.The Animal Unit Equivalents (AUE) of Table 2-2-3-1, Animal Unit Equivalents, below, have been met without the need for supplemental feed.
Table 2-2-3-1 Animal Unit Equivalents (AUE) | ||
|---|---|---|
| Kind and Class of Livestock | AUE | No. of Head per Animal Unit |
| Hair Sheep, 80-lb. ewe | .12 | 8 |
| Hair Sheep, 40-lb. weaned lamb | .06 | 17 |
| Hair Sheep, 125-lb. ram | .17 | 6 |
| Goat, 100-lb. doe | .15 | 7 |
| Goat, 45-lb. weaned kid | .07 | 14 |
| Goat, 180-lb. buck | .24 | 4 |
| Cattle, 500-lb. stocker calf | .6 | 1.7 |
| Cattle, 1,000-lb. cow | 1 | 1 |
| Cattle, 1,800-lb. bull | 1.7 | .6 |
Table 2-2-3-1 Animal Unit Equivalents (AUE) | ||
|---|---|---|
| Kind and Class of Livestock | AUE | No. of Head per Animal Unit |
| Hair Sheep, 80-lb. ewe | .12 | 8 |
| Hair Sheep, 40-lb. weaned lamb | .06 | 17 |
| Hair Sheep, 125-lb. ram | .17 | 6 |
| Goat, 100-lb. doe | .15 | 7 |
| Goat, 45-lb. weaned kid | .07 | 14 |
| Goat, 180-lb. buck | .24 | 4 |
| Cattle, 500-lb. stocker calf | .6 | 1.7 |
| Cattle, 1,000-lb. cow | 1 | 1 |
| Cattle, 1,800-lb. bull | 1.7 | .6 |
Table 2-2-3-1 Animal Unit Equivalents (AUE) | ||
|---|---|---|
| Kind and Class of Livestock | AUE | No. of Head per Animal Unit |
| Hair Sheep, 80-lb. ewe | .12 | 8 |
| Hair Sheep, 40-lb. weaned lamb | .06 | 17 |
| Hair Sheep, 125-lb. ram | .17 | 6 |
| Goat, 100-lb. doe | .15 | 7 |
| Goat, 45-lb. weaned kid | .07 | 14 |
| Goat, 180-lb. buck | .24 | 4 |
| Cattle, 500-lb. stocker calf | .6 | 1.7 |
| Cattle, 1,000-lb. cow | 1 | 1 |
| Cattle, 1,800-lb. bull | 1.7 | .6 |
Table 2-2-3-1 Animal Unit Equivalents (AUE) | ||
|---|---|---|
| Kind and Class of Livestock | AUE | No. of Head per Animal Unit |
| Hair Sheep, 80-lb. ewe | .12 | 8 |
| Hair Sheep, 40-lb. weaned lamb | .06 | 17 |
| Hair Sheep, 125-lb. ram | .17 | 6 |
| Goat, 100-lb. doe | .15 | 7 |
| Goat, 45-lb. weaned kid | .07 | 14 |
| Goat, 180-lb. buck | .24 | 4 |
| Cattle, 500-lb. stocker calf | .6 | 1.7 |
| Cattle, 1,000-lb. cow | 1 | 1 |
| Cattle, 1,800-lb. bull | 1.7 | .6 |
- 2.
- 3.Attached Accessory Dwelling Unit. In the TC district, the use is permitted on all floors of a building with the exception of the ground floor.
- a.The attached accessory dwelling unit is no larger than one-half of the size of the principal dwelling;
- b.The unit does not have separate utility counters from the primary use; and
- c.The unit has sufficient emergency access for fire and emergency access as determined by the City Administrator in coordination with the Fire Marshall.
- 4.Detached Accessory Dwelling Unit. The use is permitted provided that:
- a.The detached accessory dwelling unit is no larger than one-half of the size of the principal dwelling;
- b.A manufactured home or recreational vehicle shall not be used as an accessory dwelling unit;
- c.The unit does not have separate utility counters from the primary use; and
- d.The unit has sufficient emergency access for fire and emergency access as determined by the City Administrator in coordination with the Fire Marshall.
- 5.Farm, Ranch, or Orchard Sales. All items sold must be grown on the premises.
- 6.Greenhouse / Nursery. All items sold must be grown on the premises.
- 7.Home Business. The use is allowed provided that:
- a.No more than two persons may arrive at the home business location for work;
- b.All equipment, material, and/or items used in conjunction with the business shall be screened from public view;
- c.No direct selling of merchandise shall physically occur on the premise. This does not include online merchandise sales; and
- d.The primary use of the property is as a residential dwelling unit.
- 8.Home Occupation. The use is permitted provided that:
- a.No person other than members of a family who reside in the building shall be engaged in a home occupation by reporting to work or working at that location;
- b.No direct selling of merchandise shall physically occur on the premise. This does not include online merchandise sales; and
- c.The primary use of the property is as a residential dwelling unit.
- 9.Manufactured Home. Manufactured Homes are permitted only if the use is:
- a.In the SF district;
- b.Located on either McDonald Dr. or Salt Creek Dr. (from Early Blvd. to Longhorn Dr.); and
- c.Within 300 feet of another manufactured home.
- 10.Manufactured Home Park.
- a.Mobile homes are prohibited;
- b.No vehicular entrance to, or exit from, any manufactured home park shall be within 200 feet from any other vehicular entrance that has a land use identified as a Civic, Institutional, and Health Care Use per Sec. 2-2-2, Use Tables; and
- c.
- 11.Short-Term Rental.
- a.The City's Hotel Occupancy Tax requirements are applicable. See Chapter 21, Article II, Hotel Occupancy Tax, of the City's Code of Ordinances;
- b.The use may be rented for a period of up to, but not exceeding, 28 days;
- c.Unless the use is in the TC district, the principal use of the home is as a single-family dwelling.
- d.
- e.The maximum occupancy of any rental shall be two persons per bedroom excluding children under the age of four.
- 12.Townhouse. Within the GC district, the use is allowed on the northside of Heartland Drive or in other areas of the GC with at least a 200 ft setback from the roadway that the use is fronted on.
- D.Non-Residential Uses.
- 1.Alcohol Sales. The use shall not be located on a site that is within 300 feet, as measured along the property lines of the street fronts and from and then door-to-door, and a direct line from intersections a place of public assembly, indoor; educational services (excluding transportation-related instruction); or hospital / rehabilitative care.
- 2.Alternative Financial Services. The use shall not be located on a site that is within:
- a.1,000 feet from another alternative financial service establishment; and
- b.300 feet from a residential use; any rural or residential district; place of public assembly, indoor; educational services (excluding transportation-related instruction); or hospital .
- 3.Antique / Secondhand Dealer. The outdoor storage of materials and the outdoor display of merchandise are prohibited for this land use. As such, the regulations that permit the outdoor storage of materials and the outdoor display of merchandise per Sec. 3-1-8, Accessory Uses and Structures, are not applicable for this land use.
- 4.Automobile and Recreational Vehicle Sales and Rental. The use shall be located a minimum of 300 ft from any residential district or residential use.
- 5.Automobile Parking Lot (Primary Use). The parking lot shall:
- a.Serve another primary land use for which it is not possible for an applicant to provide sufficient structured, off-street, or on-street parking; and
- b.Be located within 500 feet in the TC district and 300 feet in the GC district of the property on which the building to be served is located measured by the shortest walking distance (using sidewalks and designated crosswalks) from the entrance of the building to the center point of the parking lot.
- 6.Automobile Parking Structure (Primary Use). The parking structure shall:
- a.Be built as a part of a larger complex of development; and
- b.When feasible they shall be located behind other buildings (as it relates to the principal entrance).
- 7.Automobile, Repair, Service, and Auto Body.
- a.The use shall be located a minimum of 300 ft from any residential district or residential use as measured from the closest two points of the property;
- b.All work and/or repairs must happen within an enclosed building;
- c.Outdoor storage of customer vehicles is prohibited;
- d.A Type C Bufferyard is required if the use is adjacent to a residential district or residential use. See Sec. 3-3-3, Bufferyards; and
- e.All work and/or repairs must happen within an enclosed structure and all customer vehicles left overnight must be stored indoors.
- 8.Bar / Lounge. The use shall be located a minimum of 300 ft from, as measured from door-to-door, any rural or residential district; residential use; a place of public assembly, indoor; educational services K-12 (excluding transportation-related instruction); or hospital .
- 9.Cemetery.
- a.Cemeteries are permitted provided that the use is located east of the intersection of US 377 and US 183 South; and
- b.A Type C Bufferyard is required if the use is adjacent to a residential district or residential use.
- 10.Child-Care, Day Care Center.
- a.The use does not involve overnight lodging, medical treatment, counseling, or rehabilitative services; and
- b.The use is in compliance with all certification, licensing, and/or monitoring requirements as per Texas Human Resources Code, Chapter 42, Regulation of Certain Facilities, Homes, and Agencies that Provide Child-Care Services.
- 11.Commercial Amusement, Indoor.
- a.The use shall be located a minimum of 100 ft from any residential district or residential use; and
- b.A Type B Bufferyard is required if the use is adjacent to a residential district or residential use. See Sec. 3-3-3, Bufferyards.
- 12.Commercial Amusement, Outdoor.
- a.The minimum area of the parcel proposed for development is one acre;
- b.Amphitheater stages and drive-in screens shall face away from the nearest residential uses;
- c.For activities such as midget auto-track or a go-cart track and if the use is in any way powered by an internal combustion engine, then such shall provide adequate mufflers on all vehicles; and
- d.If the use is located within 500 feet from a residentially zoned property or residential use then the commercial amusement shall be prohibited from operating between 12:30 AM and 8:00 AM.
- 13.Contractor's Shop and/or Service Yard. The use shall:
- a.Shall be located east of the intersection of US 183 North and US 377;
- b.Be screened from view by a fence meeting the standards of Sec. 3-1-8, Accessory Uses and Structures;
- c.Only be used to store operable equipment, materials, and items associated with the primary business use;
- d.May provide for the storage of liquids, gels, and pastes (e.g., paints, sealers, etc.) provided that the use is stored only in enclosed buildings; and
- e.Not be used to dispose of inoperable machines or waste.
- 14.Crematorium. The use is allowed provided that:
- a.A supplemental filtration system shall be installed to reduce airborne mercury and particulate matter; and
- b.It takes access from a collector or arterial street.
- 15.Curbside Service. The use is allowed provided that:
- a.It is an accessory use to a location where food and/or beverages are served or goods are sold;
- b.If applicable, the proper licensing by the State of Texas has been obtained to perform the activities, sales, and services;
- c.The safe pedestrian and vehicular access or access required to be maintained under the Americans with Disabilities Act (ADA);
- d.It does not result in the queuing of vehicles in the public right-of-way; and
- e.A designated parking space is used for all vehicles to park in while the service is performed.
- 16.Educational Services (excluding transportation-related instruction). The use is allowed provided that:
- a.The parcel proposed for development is located along an arterial or collector street.
- b.Parking shall be provided on-site without requiring parking on the street or contiguous or noncontiguous parcels.
- 17.Educational Services (transportation-related instruction only). The use is allowed provided that:
- a.The parcel proposed for development is located along an arterial or collector street.
- b.Parking shall be provided on-site without requiring parking on the street or on contiguous or noncontiguous parcels.
- c.General Commercial.
- i.Outdoor practice facilities for truck driving are prohibited.
- ii.The use shall be located east of the intersection of US 377 and US 183 South.
- d.Industrial. Educational services within the Industrial (IN) shall be limited to adult education and must be in conjunction with a permitted use operating within the district.
- 18.Flea Market. The use is allowed provided that:
- a.It is not within 200 feet of a residential use or a residential zoning district boundary as measured from between property lines;
- b.It does not operate between the hours of 9:00 pm to 7:00 am.
- c.It is located no less than one-half miles from an existing location of the same use;
- d.All operations of the use are located at least 50 feet from all property lines.
- 19.Funeral Services.
- a.There is no cremation of human or animal bodies on-site;
- b.The use takes access from a collector or arterial street; and
- c.The stacking requirements of Sec. 3-2-8, Vehicle Stacking Requirements, are met.
- 20.Grocery (Food Sales). The use is limited to 15,000 sq. ft.
- 21.Heavy Machinery Sales and Rentals.
- a.A Type B Bufferyard is required around property line; and
- b.The use shall be located east of the intersection of US 377 and US 183 South.
- 22.Industrial and Manufacturing Product Sales and Supply.
- a.All activities shall take place entirely within an enclosed building;
- b.Loading bays shall be located behind the principal building unless it is demonstrated that:
- i.Front-facing bays would have less impact on the function of the surrounding land uses; and
- ii.The front property line is buffered with a Type B Bufferyard. See Sec. 3-3-3, Bufferyards.
- 23.Kennel. The use is permitted provided that:
- a.Any building, kennel, or exercise runway for said use shall be located a minimum of 100 ft. from any rural or residential district or any residential use;
- b.It is located east of the intersection of US 377 and US 183 South; and
- c.Outdoor dog runs and animal exercise areas shall be screened by a Type C Bufferyard around the facility or at property line. See Sec. 3-3-3, Bufferyards.
- 24.Library, Museum, or Gallery. The use must serve a historical purpose and have a specific reason linked to that historical purpose for why the use should be located in said zoning district.
- 25.Manufactured Home Sales. The use is permitted provided that a Type C Bufferyard is required if the use is adjacent to a residential use or a rural or residential district. See Sec. 3-3-3, Bufferyards.
- 26.Manufacturing, Light. The use is permitted provided that:
- a.Light Manufacturing is allowed in the GC District provided that the use is located east of the intersection of US 377 and US 183 South;
- b.No impacts or by-products of the use, including noise, dust, or odor shall be discernible from an abutting property;
- c.Not more than 10 percent of the lot shall be used for the open storage of products, materials, or equipment; and
- d.
- 27.Park and Recreation Facility or Center. Any building for said use shall be setback at least 50 ft. from any adjacent lot line.
- 28.Pawn Shop.
- a.Pawn Shops are permitted provided that the use is in GC located east of the intersection of US 377 and US 183 South; and
- b.The operator of said use shall meet all certification, licensing, and/or monitoring requirements of the state.
- 29.Place of Public Assembly. Indoor. The use shall be located a minimum of 100 ft. from any residential use. This does not preclude the use from being located in a residential district if permitted per Sec. 2-2-2, Use Tables.
- 30.Portable Storage Building Sales. The use is permitted provided that:
- a.It is located east of the intersection US 377 and US 183 South; and
- b.A Type C Bufferyard is required if the use is adjacent to a residential use or a rural or residential district. See Sec. 3-3-3, Bufferyards.
- 31.Power Generation, Transmission, and Distribution. The use is permitted provided that it does not involve hazardous materials or wastes;
- 32.Recreational Vehicle (RV) Parks and Campgrounds. RV Parks and Campgrounds are permitted provided that:
- a.The use is located in either the:
- i.General Commercial (GC) district with a setback of not less than 200 ft. for the use and all its operations, or with the standard setback requirement in locations in the General Commercial (GC) district east of the intersection of US 377 and US 183 South; or
- ii.Agricultural (AG) district.
- b.Manufactured homes are prohibited within the use;
- c.No part of any RV Park and Campground shall be used for the parking or storage of any heavy equipment or trucks exceeding one-ton capacity (with the exception of the vehicle used as the RV);
- d.All RVs must be in readily movable condition with no additions or modifications to the structure;
- e.A responsible caretaker, owner, or manager shall be placed in charge of the use to keep all grounds, facilities and equipment in a clean, orderly, and sanitary condition, and shall be answerable to the owner for any violation of the provisions of this or any other provision this UDC or the City's Code of Ordinances;
- f.Home occupations are prohibited;
- g.All recreational vehicles parked within the RV Park and Campgrounds must be owned by a tenant, a family member, or tenant's employer. RV's may not be leased or rented similarly to multi-family housing or rental property;
- h.A Type C Bufferyard shall be provided around the boundary of the use; and
- i.The use must be on a single unified parcel of property. Potential applicants for the land use shall:
- 1.Consolidate any contiguous parcels of property prior to making an application to the City; or
- 2.Sign an affidavit that upon approval of the land use the applicant shall consolidate the applicable lots of record and have them recorded in the deed and mortgage records for Brown County.
- 33.Repair Service.
- a.All work and/or repairs must happen within an enclosed building; and
- b.Outdoor storage is prohibited.
- 34.Self-Storage, Mini Warehouse. Self-storage, mini-warehouses shall comply with the following regulations:
- a.General Commercial (GC) district with a setback of not less than 200 ft. for the use and all its operations, or the standard setback requirement in locations in the General Commercial (GC) east of the intersection of US 377 and US 183 South;
- b.The size of a self-storage facility is at least one acre;
- c.
- d.A wall or fence in accordance with Sec. 3-1-8, Accessory Uses and Structures, is installed between the property and any directly adjacent neighboring properties;
- e.External overhead doors shall not face residential property or a public right-of-way, unless screened from view;
- f.All driveways within the facility shall be:
- i.Designed to accommodate appropriate fire fighting vehicles and be approved by the fire marshal;
- ii.A minimum width of 30 ft; and
- iii.Located on an improved hard surface capable of holding stripping of parking spaces and fire lanes;
- g.Outdoor storage is prohibited, with the exception of recreational vehicle (RV) or boat storage which must meet the following:
- i.Have a setback of at least 20 ft from any property line; and
- ii.Be screened from view by a fence or wall meeting the standards of Sec. 3-1-8, Accessory Uses and Structures;
- h.Any and all onsite sales of merchandise stored within the mini-warehouse is prohibited; and
- i.Outdoor lighting shall meet the requirements of DIVISION 3-5, Outdoor Lighting..
- 35.Smoke and Vape Sales. The use shall be located no closer than 300 ft. from an SF or GR zoning district; a place of public assembly, indoor; child-care facility center; hospital; or educational services K-12 (excluding transportation-related instruction).
- 36.Tattoo Parlors and Body Piercing Studios. The use shall be located no closer than 300 ft. from an SF or GR zoning district; a place of public assembly, indoor; child-care facility center; hospital; or educational services K-12 (excluding transportation-related instruction).
- 37.Trailer Sales and Rentals. The use shall comply with the following regulations:
- a.The use shall be located east of the Hillcrest Rd. & Early Blvd. intersection;
- b.All work and/or repairs must happen within an enclosed building;
- c.The use area shall be located a minimum of 50 ft. from any residential district or residential use as measured from the closest two points of the property; and
- d.A Type B Bufferyard is required if the use is adjacent to a residential district or residential use. See Sec. 3-3-3, Bufferyard.
- 38.Veterinary Clinic and/or Service, Small Animal. The use shall comply with the following regulations:
- a.Any building, kennel, or exercise runway for said use shall be located a minimum of 100 ft. residential use, rural or residential district, a place of public assembly, indoor; child-care facility center; or educational services (excluding transportation-related instruction);
- b.Any building, kennel or exercise runway for said use shall be located a minimum of 25 from any lot line;
- c.No livestock or large animals will be boarded, treated, or kept on the premises; and
- d.All activities of said use on-premises shall be wholly enclosed within a building.
- 39.Veterinary Clinic, Large Animal. The use shall comply with the following regulations:
- a.Any building, kennel, or exercise runway for said use shall be located a minimum of 100 ft. from any residential use; rural or residential district; a place of public assembly, indoor; child-care facility center; or educational services (excluding transportation-related instruction).
- b.Any building, kennel or exercise runway for said use shall be located a minimum of 25 from any lot line; and
- c.All activities of said use on-premises shall be wholly enclosed within a building.
(Ord. No. 2022-03, 06/14/2022)
Effective on: 6/14/2022
Sec. 2-2-4, Specific Use Standards
- All land uses identified as a Specific Use (S) in either Table 2-2-2-1, Residential and Agricultural Uses, and Table 2-2-2-2, Non-Residential Uses; or
- A land use that is being proposed to be transferred from a legally nonconforming use to be legally conforming per Sec. 6-2-5, Mitigation of Nonconformities.
- The proposed specific use will operate or be designed in a manner that does not diminish the use or functionality of surrounding properties;
- Provisions for hours of operation, parking and loading areas, driveways, lighting, signs, landscaping, buffering, and other site improvements have been provided;
- Adequate public services (such as: streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police and fire protection) must be available without the reduction of services to any existing uses;
- The proposed use will incorporate design features to sufficiently protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing and site building placement; and
- The proposed use is compatible with adjacent existing uses. Compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse environmental impacts, including noise and lighting, or other undesirable conditions.
Effective on: 6/22/2021
Sec. 2-2-5, Temporary Use Standards
Table 2-2-5 Temporary Use Standards | ||||
|---|---|---|---|---|
| Use | Location | Hours | Operational Requirements | Duration |
| Asphalt / Concrete Batching Plant | Not less than 500 feet from any residential property. | 8:00 AM to 8:00 PM if within 1,000 feet of residential property; or 6:00 AM to 10:00 PM in all other locations. | The facility shall be used only for a project within the City limits. | Established by approval to coincide with the use of the facility for a specified construction project. Shall be removed immediately upon project completion. |
Construction Buildings and Structures1 | On a lot or parcel proposed for development set back at least 10 feet from all lot lines. | Not limited, however, the building may not be used as a residence. | May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team or as a security office. | Shall be removed prior to the issuance of a certificate of occupancy for the last building as detailed on the site plan. |
| Construction Dumpsters | On lot or parcel using dumpster, set back at least 10 feet from the lot line, and placed on an improved hard surface. In nonresidential and mixed-use districts, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking lot requirements. | Not limited. | Refuse shall be contained within the dumpster, and shall be secured to prevent it from being removed from the dumpster by wind or wildlife. | If used for construction or renovation, may remain in place for one week after project completion. If used for another purpose, 10 days. |
| Construction Yard | On a parcel proposed for development or a parcel immediately adjacent to a parcel being developed | 7:00 am to 10:00 pm. | The facility shall be used only for a construction site. | Established to coincide with the use of the facility for a specified construction project. |
| Mobile Food Truck2 | On a non-accessible dedicated permanent or temporary parking spaces. | 7:00 am and 12:00 am or 1:00 am on weekends, but are limited to no earlier than 9:00 am and no later than 7:00 pm when the mobile retail vending service is within 150 feet of a residential district. | Shall display mobile food establishment permit from Brownwood-Brown County Health Department. | Mobile Food Trucks shall not be located on permanent or temporary parking spaces outside of the permitted hours of operation. |
| Mobile Health Clinic | On non-accessible dedicated permanent parking spaces. | 7:00 am and 7:00 pm. | The provision of medical services shall be screened from public view within a temporary structure or mobile health clinic vehicle. | No more than six events in one calendar year per business located on a parcel, each event shall have a maximum duration of four days. |
| Model Homes and On-Site Real Estate Offices | On parcel proposed for development. | Not limited. | Sales limited to units located on the parcel proposed for development; sales offices within model homes shall meet applicable building code criteria. | On-site real estate offices shall be removed by issuance of last certificate of occupancy for development. |
| Seasonal Sales3 | On a lot or parcel in a zoning district that permits retail sales or in conjunction with an approved special event. | 7:00 am and 9:00 pm. | All seasonal sale merchandise or products must be located on an improved hard surface or turf area and shall not be located in the public right-of-way. | No more than three events in one calendar year per property and each event shall have a maximum duration of 60 days. |
| Special Event | The size of the site shall be large enough to accommodate the expected attendance in a manner that is safe for the site, neighborhood, street, or other infrastructure | 7:00 am to 12:00 am weekdays and 7:00 am to 1:00 am weekends. | A review of plumbing, electric, fire, and property maintenance code for compliance. A review of parking, security, noise trespass, and accessibility will also be performed, prior to issuing a temporary use permit for the special event. If alcohol will be sold or consumed at the event, the land use requirements for alcohol sales within Division 2-2, Use Standards, and Chapter 3, Alcoholic Beverages, of the City's Code of Ordinances. | Shall not be held on a parcel more than four times per calendar year, and shall be limited to no more than five consecutive days, not including set-up and tear-down. |
| Notes: Subscripts reference to Subsection (E) below. | ||||
Table 2-2-5 Temporary Use Standards | ||||
|---|---|---|---|---|
| Use | Location | Hours | Operational Requirements | Duration |
| Asphalt / Concrete Batching Plant | Not less than 500 feet from any residential property. | 8:00 AM to 8:00 PM if within 1,000 feet of residential property; or 6:00 AM to 10:00 PM in all other locations. | The facility shall be used only for a project within the City limits. | Established by approval to coincide with the use of the facility for a specified construction project. Shall be removed immediately upon project completion. |
Construction Buildings and Structures1 | On a lot or parcel proposed for development set back at least 10 feet from all lot lines. | Not limited, however, the building may not be used as a residence. | May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team or as a security office. | Shall be removed prior to the issuance of a certificate of occupancy for the last building as detailed on the site plan. |
| Construction Dumpsters | On lot or parcel using dumpster, set back at least 10 feet from the lot line, and placed on an improved hard surface. In nonresidential and mixed-use districts, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking lot requirements. | Not limited. | Refuse shall be contained within the dumpster, and shall be secured to prevent it from being removed from the dumpster by wind or wildlife. | If used for construction or renovation, may remain in place for one week after project completion. If used for another purpose, 10 days. |
| Construction Yard | On a parcel proposed for development or a parcel immediately adjacent to a parcel being developed | 7:00 am to 10:00 pm. | The facility shall be used only for a construction site. | Established to coincide with the use of the facility for a specified construction project. |
| Mobile Food Truck2 | On a non-accessible dedicated permanent or temporary parking spaces. | 7:00 am and 12:00 am or 1:00 am on weekends, but are limited to no earlier than 9:00 am and no later than 7:00 pm when the mobile retail vending service is within 150 feet of a residential district. | Shall display mobile food establishment permit from Brownwood-Brown County Health Department. | Mobile Food Trucks shall not be located on permanent or temporary parking spaces outside of the permitted hours of operation. |
| Mobile Health Clinic | On non-accessible dedicated permanent parking spaces. | 7:00 am and 7:00 pm. | The provision of medical services shall be screened from public view within a temporary structure or mobile health clinic vehicle. | No more than six events in one calendar year per business located on a parcel, each event shall have a maximum duration of four days. |
| Model Homes and On-Site Real Estate Offices | On parcel proposed for development. | Not limited. | Sales limited to units located on the parcel proposed for development; sales offices within model homes shall meet applicable building code criteria. | On-site real estate offices shall be removed by issuance of last certificate of occupancy for development. |
| Seasonal Sales3 | On a lot or parcel in a zoning district that permits retail sales or in conjunction with an approved special event. | 7:00 am and 9:00 pm. | All seasonal sale merchandise or products must be located on an improved hard surface or turf area and shall not be located in the public right-of-way. | No more than three events in one calendar year per property and each event shall have a maximum duration of 60 days. |
| Special Event | The size of the site shall be large enough to accommodate the expected attendance in a manner that is safe for the site, neighborhood, street, or other infrastructure | 7:00 am to 12:00 am weekdays and 7:00 am to 1:00 am weekends. | A review of plumbing, electric, fire, and property maintenance code for compliance. A review of parking, security, noise trespass, and accessibility will also be performed, prior to issuing a temporary use permit for the special event. If alcohol will be sold or consumed at the event, the land use requirements for alcohol sales within Division 2-2, Use Standards, and Chapter 3, Alcoholic Beverages, of the City's Code of Ordinances. | Shall not be held on a parcel more than four times per calendar year, and shall be limited to no more than five consecutive days, not including set-up and tear-down. |
| Notes: Subscripts reference to Subsection (E) below. | ||||
Table 2-2-5 Temporary Use Standards | ||||
|---|---|---|---|---|
| Use | Location | Hours | Operational Requirements | Duration |
| Asphalt / Concrete Batching Plant | Not less than 500 feet from any residential property. | 8:00 AM to 8:00 PM if within 1,000 feet of residential property; or 6:00 AM to 10:00 PM in all other locations. | The facility shall be used only for a project within the City limits. | Established by approval to coincide with the use of the facility for a specified construction project. Shall be removed immediately upon project completion. |
Construction Buildings and Structures1 | On a lot or parcel proposed for development set back at least 10 feet from all lot lines. | Not limited, however, the building may not be used as a residence. | May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team or as a security office. | Shall be removed prior to the issuance of a certificate of occupancy for the last building as detailed on the site plan. |
| Construction Dumpsters | On lot or parcel using dumpster, set back at least 10 feet from the lot line, and placed on an improved hard surface. In nonresidential and mixed-use districts, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking lot requirements. | Not limited. | Refuse shall be contained within the dumpster, and shall be secured to prevent it from being removed from the dumpster by wind or wildlife. | If used for construction or renovation, may remain in place for one week after project completion. If used for another purpose, 10 days. |
| Construction Yard | On a parcel proposed for development or a parcel immediately adjacent to a parcel being developed | 7:00 am to 10:00 pm. | The facility shall be used only for a construction site. | Established to coincide with the use of the facility for a specified construction project. |
| Mobile Food Truck2 | On a non-accessible dedicated permanent or temporary parking spaces. | 7:00 am and 12:00 am or 1:00 am on weekends, but are limited to no earlier than 9:00 am and no later than 7:00 pm when the mobile retail vending service is within 150 feet of a residential district. | Shall display mobile food establishment permit from Brownwood-Brown County Health Department. | Mobile Food Trucks shall not be located on permanent or temporary parking spaces outside of the permitted hours of operation. |
| Mobile Health Clinic | On non-accessible dedicated permanent parking spaces. | 7:00 am and 7:00 pm. | The provision of medical services shall be screened from public view within a temporary structure or mobile health clinic vehicle. | No more than six events in one calendar year per business located on a parcel, each event shall have a maximum duration of four days. |
| Model Homes and On-Site Real Estate Offices | On parcel proposed for development. | Not limited. | Sales limited to units located on the parcel proposed for development; sales offices within model homes shall meet applicable building code criteria. | On-site real estate offices shall be removed by issuance of last certificate of occupancy for development. |
| Seasonal Sales3 | On a lot or parcel in a zoning district that permits retail sales or in conjunction with an approved special event. | 7:00 am and 9:00 pm. | All seasonal sale merchandise or products must be located on an improved hard surface or turf area and shall not be located in the public right-of-way. | No more than three events in one calendar year per property and each event shall have a maximum duration of 60 days. |
| Special Event | The size of the site shall be large enough to accommodate the expected attendance in a manner that is safe for the site, neighborhood, street, or other infrastructure | 7:00 am to 12:00 am weekdays and 7:00 am to 1:00 am weekends. | A review of plumbing, electric, fire, and property maintenance code for compliance. A review of parking, security, noise trespass, and accessibility will also be performed, prior to issuing a temporary use permit for the special event. If alcohol will be sold or consumed at the event, the land use requirements for alcohol sales within Division 2-2, Use Standards, and Chapter 3, Alcoholic Beverages, of the City's Code of Ordinances. | Shall not be held on a parcel more than four times per calendar year, and shall be limited to no more than five consecutive days, not including set-up and tear-down. |
| Notes: Subscripts reference to Subsection (E) below. | ||||
Table 2-2-5 Temporary Use Standards | ||||
|---|---|---|---|---|
| Use | Location | Hours | Operational Requirements | Duration |
| Asphalt / Concrete Batching Plant | Not less than 500 feet from any residential property. | 8:00 AM to 8:00 PM if within 1,000 feet of residential property; or 6:00 AM to 10:00 PM in all other locations. | The facility shall be used only for a project within the City limits. | Established by approval to coincide with the use of the facility for a specified construction project. Shall be removed immediately upon project completion. |
Construction Buildings and Structures1 | On a lot or parcel proposed for development set back at least 10 feet from all lot lines. | Not limited, however, the building may not be used as a residence. | May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team or as a security office. | Shall be removed prior to the issuance of a certificate of occupancy for the last building as detailed on the site plan. |
| Construction Dumpsters | On lot or parcel using dumpster, set back at least 10 feet from the lot line, and placed on an improved hard surface. In nonresidential and mixed-use districts, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking lot requirements. | Not limited. | Refuse shall be contained within the dumpster, and shall be secured to prevent it from being removed from the dumpster by wind or wildlife. | If used for construction or renovation, may remain in place for one week after project completion. If used for another purpose, 10 days. |
| Construction Yard | On a parcel proposed for development or a parcel immediately adjacent to a parcel being developed | 7:00 am to 10:00 pm. | The facility shall be used only for a construction site. | Established to coincide with the use of the facility for a specified construction project. |
| Mobile Food Truck2 | On a non-accessible dedicated permanent or temporary parking spaces. | 7:00 am and 12:00 am or 1:00 am on weekends, but are limited to no earlier than 9:00 am and no later than 7:00 pm when the mobile retail vending service is within 150 feet of a residential district. | Shall display mobile food establishment permit from Brownwood-Brown County Health Department. | Mobile Food Trucks shall not be located on permanent or temporary parking spaces outside of the permitted hours of operation. |
| Mobile Health Clinic | On non-accessible dedicated permanent parking spaces. | 7:00 am and 7:00 pm. | The provision of medical services shall be screened from public view within a temporary structure or mobile health clinic vehicle. | No more than six events in one calendar year per business located on a parcel, each event shall have a maximum duration of four days. |
| Model Homes and On-Site Real Estate Offices | On parcel proposed for development. | Not limited. | Sales limited to units located on the parcel proposed for development; sales offices within model homes shall meet applicable building code criteria. | On-site real estate offices shall be removed by issuance of last certificate of occupancy for development. |
| Seasonal Sales3 | On a lot or parcel in a zoning district that permits retail sales or in conjunction with an approved special event. | 7:00 am and 9:00 pm. | All seasonal sale merchandise or products must be located on an improved hard surface or turf area and shall not be located in the public right-of-way. | No more than three events in one calendar year per property and each event shall have a maximum duration of 60 days. |
| Special Event | The size of the site shall be large enough to accommodate the expected attendance in a manner that is safe for the site, neighborhood, street, or other infrastructure | 7:00 am to 12:00 am weekdays and 7:00 am to 1:00 am weekends. | A review of plumbing, electric, fire, and property maintenance code for compliance. A review of parking, security, noise trespass, and accessibility will also be performed, prior to issuing a temporary use permit for the special event. If alcohol will be sold or consumed at the event, the land use requirements for alcohol sales within Division 2-2, Use Standards, and Chapter 3, Alcoholic Beverages, of the City's Code of Ordinances. | Shall not be held on a parcel more than four times per calendar year, and shall be limited to no more than five consecutive days, not including set-up and tear-down. |
| Notes: Subscripts reference to Subsection (E) below. | ||||
- Additional Standards. In addition to the location, hours, operational, and duration requirements as shown above in Table 2-2-5, Temporary Use Standards, the following shall apply:
- Construction Buildings and Structures. A site plan in conformance with Sec. 8-3-8, Site Plan, shall be required.
- Mobile Food Trucks.
- A site plan in conformance with Sec. 8-3-8, Site Plan, shall be required;
- The use shall:
- Provide the City with a copy of written permission from the property owner allowing the operation of the mobile food unit and their customers access to a commercially plumbed public restroom on-site; and
- Have a valid vehicle registration, motor vehicle operator's license, proof of vehicle liability and a Texas Sales Tax Permit; and
- The use shall not:
- Seasonal Sales. The requirements of Chapter 12, Itinerant Merchants and Vendors, of the City's Code of Ordinances shall also be met, as applicable.
Effective on: 6/22/2021
Sec. 2-2-6, Game Rooms and Amusement Redemption Machines
- Investigation. The Chief of Police or a duly authorized representative, shall investigate the publicly filed business records of the permittee and the background of all applicants and each officer, managing member, or owner of 20 percent or greater interest in the permittee. The investigation may be completed by the City Police Department or by a third-party vendor approved in advance by the Chief of Police. Any fees associated with the investigation shall be paid by the applicant. The investigation shall include fingerprinting the individual and a check of the individual's local, state, and national criminal records in accordance with Texas Government Code, sections 411.087 and 411.122. The investigation shall include making a permanent record of the identity of all individuals described in this subsection.
- Denial. The City shall deny issuance of a permit if the application or investigation shows any of the following:
- The applicant or an officer, managing member, or owner of 20 percent or greater interest in the property or business has been convicted, within the five years preceding the date of the application, of any crime required to be listed on the permit application and not disclosed thereupon, or of a felony, or for gambling, gambling promotion, keeping a gambling house, fraud, theft, an offense against public administration, or another crime that directly relates to the duties and responsibilities of a permittee pursuant to this Section;
- The permit application includes a false statement by the applicant;
- The City has revoked the applicant's permit of the type requested within the past year; and
- The permit application does not meet all the requirements of this Section.
Display of Signage. At all times during which a permittee holds a valid specific use permit for a game room, the permittee shall display a sign which says “game room” on the premises of the permitted game room which:
Is displayed in a conspicuous manner clearly visible to the public from the entrance of the premises;
Appears in contrasting colors with block letters at least four inches in height;
Are displayed in a conspicuous manner clearly visible to the public at each entrance to the game room and at each location within the game room where patrons may collect winnings;
Include written language identical to the following “Gambling is a crime. If you win more than $5.00 per play, you may be arrested and fined $500.00;” and
Appear in contrasting colors with block letters at least one inch in height.
Regulations. A permittee shall not cause or allow the following:
Permitted game rooms shall have transparent unobstructed windows or open space on at least one side so that the open area is open to view by the general public passing by on a public street or using a corridor, lobby, or other room to which the public has access and is admitted without charge. The owner, manager or employee of a game room shall not permit any obstruction of any window by the use of drawn shades, blinds, partitions, tinting or other structures or obstructions.
It is an affirmative defense to prosecution under subsection D(2)a above that:
The game room is located in a structure registered as a historic landmark, or the structure is within a historic district and deemed to have architectural or historic significance which would qualify the structure for registration as a historic landmark; and
Compliance with the unobstructed view requirement would require alterations to the structure that would have a substantially detrimental effect on its historic or architectural features.
Allowing any person under the age of 18 years to play on an amusement redemption machine.
Failure to promptly report to the City's Police Department any violations of state law or city ordinances committed by employees or patrons on game room premises.
Require game room memberships for any purpose.
A game room shall not restrict entry to a game room and/or prohibit the participation in any activity inside a game room by a patron through the requirement of a game room membership.
Game rooms shall not issue membership cards to any individual for any purpose.
Game rooms shall not have, make use of, employ, and/or require check-in procedures of any kind prior to entering or before exiting a game room.
- Game Room. The use shall not be located on a site that is within:
- 1,000 feet from another game room; or
- 300 feet from a residential use; a rural or agricultural district (AG, SF, GR, or MH); a place of public assembly, indoor; educational services K-12 (excluding transportation-related instruction); child-care facility center; hospital / rehabilitative care; or medical office/clinic.
- Amusement Redemption Machine. The use shall not be located on a site that is within:
- 1,000 feet to a game room; or
- 300 feet from a residential use; a rural or agricultural district (AG, SF, GR, or MH); a place of public assembly, indoor; educational services K-12 (excluding transportation-related instruction); child-care facility center; hospital / rehabilitative care; or medical office/clinic.
Effective on: 6/22/2021
Sec. 2-2-7, New, Unlisted, and Prohibited Uses
- Administrator Discretion. If a proposed use is not specified in Sec. 2-2-2, Use Tables, the City Administrator shall make a determination as to whether the use is either a subcategory or functionally similar to a specifically identified use.
- Referral to Planning and Zoning Commission (P&Z). Should the City Administrator feel that it is necessary, he or she may refer the determination of whether a use is a subcategory or functionally similar to a specified use to the P&Z.
- Parking demand;
- Average daily and peak hour trip generation (cars and trucks);
- Impervious surface;
- Regulated air or water emissions;
- Noise;
- Lighting;
- Dust;
- Odors;
- Solid waste generation;
- Potentially hazardous conditions, such as projectiles leaving the site;
- Use and storage of hazardous materials;
- Character of buildings and structures;
- How the use is advertised;
- Nature and impacts of operation; and
- Hours of operation.
Effective on: 6/22/2021