A.

In a Residential District, an accessory building is a subordinate or incidental building detached from the main building, not used for commercial purposes and not rented. Accessory buildings other than carports, shall be located behind the primary structure.

B.

In Nonresidential Districts, an accessory building is a subordinate building, the use of which is secondary to and supportive of the main building. Accessory buildings shall not be permitted without a main building or primary use being in existence. Accessory buildings should, wherever possible, be located behind the primary structure.

C.

Accessory structures less than or equal to one hundred-twenty (120) square feet do not require a building permit.

D.

Area regulations for accessory buildings.

1.

Size of yards.

a)

Front yard. Detached accessory buildings shall be prohibited in front of the main building with the exception of carports. Carports shall be allowed within the front yard, but may not encroach into any public right-of-way, public sidewalk, public utility easement or interfere with any sight visibility from the drive approach to the public right-of-way.

b)

Side yard. There shall be a side yard not less than five (5) feet from any side lot line, or alley line for any accessory building provided that such building is separated from the main building by a minimum distance of ten (10) feet. In the case of an accessory building being closer than ten (10) feet to the main building, the minimum side yard requirements for the main building shall be observed.

c)

Rear yard. There shall be a rear yard not less than five (5) feet from any lot line or alley line, or alley easement line when accessory buildings are constructed ten (10) feet or more from the main building,

2.

Accessory buildings shall not exceed twenty (20) feet in height.

3.

Accessory buildings are not permitted without a primary structure. The combination of square footage of the primary structure and accessory buildings may not exceed the maximum lot coverage for any zoning district.

E.

Carports shall be measured from the posts supporting the roof nearest to the street or alley. Carports may be constructed of masonry or as a prefabricated metal unit with a metal roof. All carports, require a building permit from the City of Everman and shall be inspected by the city to ensure structural integrity and appropriate anchorage to the ground.

F.

Swimming pools may occupy a required rear or side yard, provided that such pools are not located closer than ten (10) feet to a rear lot line or ten (10) feet to an interior or side lot line. Swimming pools are not permitted in the front yard. A pedestrian space of at least three (3) feet in width shall be provided between pool walls and the protective fences or barrier walls of the pool. Swimming pools shall be fenced according to International Building Code.

(Ord. No. 679, § 1(Exh. A), 11-11-14)

A home occupation may be permitted as accessory to any principal dwelling unit in all residential districts, subject to the following standards:

A.

Location. The home-based business shall be conducted in the house by a resident of the primary dwelling.

B.

Size and area. The business or service located within the dwelling shall not exceed twenty-five (25) percent of the floor area of the house. Activities are limited to the living portion of a house or its attached garage. Accessory buildings or detached structures cannot be used in conjunction with a home-based business.

C.

Employees and residency. The principal person(s) providing the business or service shall reside in the dwelling on the premises. Only one (1) additional employee, other than the resident(s) of the primary dwelling unit, is permitted at the home-based business at any one (1) time.

D.

Neighborhood compatibility.

1.

The home-based business shall cause no change in the external appearance of the existing buildings and structures on the property.

2.

All vehicles used in connection with the home-based business shall be of a size, and located on the premises in such a manner, so that a casual observer or a person of normal sensibilities will not be able to detect any sign of the premises being used as a home occupation. No vehicle larger than one (1) ton shall be kept on the premises.

3.

Parking of vehicles to accommodate off-site employees or permitted customers shall be limited to the driveway of such premises or along the curb immediately adjacent to such premises.

4.

There shall be no advertising devices on the property or other signs of the home-based business that are visible from off the premises.

5.

The property shall contain no outdoor display of goods or services that are associated with the home occupation. Outside storage is prohibited. For the purpose of this section, the parking of one (1) trailer in a driveway or along the street curb is not considered outside storage.

6.

Wholesale or retail sales of goods shall not occur on the premises.

7.

The home-based business shall not create traffic or parking congestion, noise, vibration, odor, glare, fumes, or electrical or communications interference that can be detected by the normal senses off the premises, including visual or audible interference with radio or television reception.

E.

Prohibited home-based businesses. The following uses, because of their effects on the surrounding residential area, shall not be permitted as home-based businesses: auto repair or motorized implement repair; dance, music or other types of tutoring instruction where more than four (4) students are being instructed at one (1) time; dental offices; medical offices; the painting of vehicles, trailers or boats; private schools with organized classes; motor vehicle towing operation; barber or beauty shops having more than one (1) chair; welding shops; nursing homes; bed and breakfast and other such transient lodging; or any other home-based business that will have negative effects on the neighborhood. If a determination is made by the code compliance officer or city manager that the home-based business is having a negative impact or effect on the neighborhood, the city manager may place this on the first meeting of the city council, after notifying the property owner in writing, for final determination.

(Ord. No. 679, § 1(Exh. A), 11-11-14)

Section 8.3.1.

Purpose and intent.

It is the purpose of this section to regulate sexually-oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the continued concentration of sexually-oriented businesses within the city. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market.

Section 8.3.2.

Definitions.

In this section:

A.

Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.

B.

Adult bookstore or adult video store means a commercial establishment which as one (1) of its principal business purposes offers for sale or rental for any form of consideration anyone or more of the following:

1.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas; or

2.

Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

C.

Adult entertainment cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

1.

Persons who appear in a state of nudity; or

2.

Live performances which are distinguished or characterized by an emphasis on the exposure of specified anatomical areas or by an emphasis on specified sexual activities; or

3.

Films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas.

D.

Adult motel means a hotel, motel or similar commercial establishment which:

1.

Offers accommodations to the public for any form of consideration; provided patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

2.

Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

3.

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

E.

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas.

F.

Adult theater means a theater, concert hall auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are distinguished or characterized by an emphasis on the exposure of specified anatomical areas or by an emphasis on specified sexual activities.

G.

Entertainment means live performances which are distinguished or characterized by an emphasis on the exposure of specified anatomical areas or by an emphasis on specified sexual activities, whether performed by employees, agents, contractors, or customers. The term entertainment shall also mean bartenders, waiters, waitresses, or other employees exposing specified anatomical areas or engaging in specified sexual activities in the presence of customers.

H.

Chief of police means the chief of police of the City of Everman or his designated agent.

I.

Nude model studio means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

J.

Nudity or a state of nudity means less than completely and opaquely covered:

1.

Human genitals, pubic region or pubic hair;

2.

Human buttocks;

3.

Female breast or breast below a point immediately above the top of the areola; or

4.

Any combination of the foregoing.

K.

Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

L.

Sexually-oriented business means a sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer as defined in V.T.C.A. Texas Local Government Code, Section 243.002.

M.

Specified anatomical areas means less than completely and opaquely covered:

1.

Human genitals, pubic region or pubic hair; or

2.

Human buttocks; or

3.

Female breast or breasts below a point immediately above the top of the areola; or

4.

Human male genitals in a discernibly erect state, even if completely and opaquely covered; or

5.

Any combination of the foregoing.

N.

Specified sexual activities means and includes any of the following:

1.

The fondling or other erotic touching of human genitals;

2.

Sexual acts, normal or perverted, including intercourse, oral copulation, or sodomy;

3.

Masturbation; or

4.

Excretory functions as part of or in connection with any of the activities set forth in (1) through (4) above.

Section 8.3.3.

Location of sexually-oriented businesses.

A.

A person commits an offense if he operates or causes to be operated a sexually-oriented business within one thousand (1,000) feet of:

1.

A church;

2.

A public or private elementary or secondary school;

3.

Residentially zoned property; or

4.

A public park.

B.

A person commits an offense if he operates or causes to be operated a sexually-oriented business within one thousand (1,000) feet of another sexually-oriented business.

C.

A person commits an offense if he causes or permits the operation, establishment, or maintenance of more than one (1) sexually-oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually-oriented business in any building, structure, or portion thereof containing another sexually-oriented business.

D.

For the purposes of subparagraph A. above, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually-oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school or to the nearest boundary of an affected public park or residential zoning district.

E.

For purposes of subparagraph B. above, the distance between any two (2) sexually-oriented businesses shall be measured in a straight line without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

F.

Any sexually-oriented business lawfully operating prior to the effective date of this ordinance, that is in violation of subparagraph A., B., or C. of this paragraph shall be deemed a nonconforming use. Such nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually-oriented businesses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the sexually-oriented business which was first established and continually operating at a particular location is the conforming use and the later-established businesses is nonconforming.

G.

A sexually-oriented business lawfully operating as a conforming use after the effective date of this ordinance is not rendered a nonconforming use by the location, subsequent to the operation of the sexually-oriented business, of a church, public or private elementary or secondary school, public park or residential zoning district within one thousand (1,000) feet of the sexually-oriented business.

Section 8.3.4.

Regulations for adult motels.

A.

Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this section.

B.

A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment, he rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he rents or subrents the same sleeping room again.

C.

For purpose of subparagraph B. of this paragraph, the terms rent or subrent mean the act of permitting a room to be occupied for any form of consideration.

D.

If the sexually-oriented business involved is a nude model studio, then a violation of this ordinance [this section] shall be punishable as a Class B Misdemeanor.

E.

It is a defense to prosecution under paragraph 3. that a person appearing in a state of nudity did so in a modeling class operated:

1.

By a proprietary school licensed by the State of Texas; a college, junior college, or university supported entirely or partly by taxation;

2.

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

3.

In a structure:

a)

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

b)

Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and

c)

Where no more than one (1) nude model is on the premises at anyone (1) time.

Section 8.3.5.

Adult entertainment cabarets—Purpose and intent.

It is the purpose of this section to regulate adult entertainment cabarets as defined herein to promote the health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the continued concentration of adult entertainment cabarets within the city. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials. Similarly, it is not the intent nor the effect of this section to restrict or deny access by adults to adult entertainment cabarets protected by the First Amendment, nor to deny access by the distributors and exhibitors of adult entertainment cabarets to their intended market.

Section 8.3.6.

Location of adult entertainment cabarets.

A.

A person commits an offense if he operates or causes to be operated an adult entertainment cabaret within one thousand (1,000) feet of:

1.

A church;

2.

A public or private elementary or secondary school;

3.

Residentially zoned property; or

4.

A public park.

B.

A person commits an offense if he operates or causes to be operated an adult entertainment cabaret within one thousand (1,000) feet of another adult entertainment cabaret or within one thousand (1,000) feet of a sexually-oriented business.

C.

A person commits an offense if he causes or permits the operation, establishment or maintenance of more than one (1) adult entertainment cabaret in the same building, structure or portion thereof, or the increase of floor area of any adult entertainment cabaret business in any building, structure or portion thereof containing another adult entertainment cabaret.

D.

For the purposes of subparagraph A. above, measurement shall be made in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as a part of the premises where an adult entertainment cabaret business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or the nearest boundary of an affected public park or residential zoning district.

E.

For the purposes of subparagraph B. above, the distance between any two (2) adult entertainment cabarets, or between an adult entertainment cabaret and a sexually-oriented business, shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

F.

Any adult entertainment cabaret business lawfully operating prior to the effective date of this ordinance that is in violation of subparagraph A., B., or C. of this section shall be deemed a legal nonconforming use. Such nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more adult entertainment cabaret businesses are located within one thousand (1,000) feet of one another and otherwise in a permissible location, the adult entertainment cabaret business which was first established and continually operating at particular location is the conforming use, the later established business is the nonconforming use.

G.

An adult entertainment cabaret lawfully operating as a conforming use after the effective date of this ordinance is not rendered a nonconforming use by the location, subsequent to the operation of the adult entertainment cabaret, of a church, public or private elementary or secondary school, public park, or residential zoning district within one thousand (1,000) feet of the adult entertainment cabaret.

(Ord. No. 679, § 1(Exh. A), 11-11-14)

Temporary buildings accessory to new construction are permitted, provided such are razed within thirty (30) days after substantial completion of construction. Temporary real estate sales offices located within the subdivision, for which lots are being sold are permitted, but limited to the period of actual sales and not exceeding two (2) years.

(Ord. No. 679, § 1(Exh. A), 11-11-14)

A.

For the purpose of this ordinance, telecommunication towers shall include radio, wireless telephone, television, microwave, short wave radio and/or any other tower used exclusively for communication purposes as interpreted by the city manager or his/her designee.

B.

No telecommunication tower shall be located within five hundred (500) feet of a residential district unless the applicant can otherwise demonstrate by providing coverage, interference and capacity analysis that the proposed location of the antenna is necessary to meet the frequency reuse and spacing needs of the wireless telecommunications facility and to provide adequate coverage and capacity to areas which cannot be adequately served by locating the tower in a less sensitive area.

C.

Towers or structures supporting telecommunication antenna or otherwise conforming to all the applicable provisions of this ordinance are hereby permitted subject to approval of a specific use permit in the Heavy Industrial District when the tower is considered an accessory use. Towers and supporting telecommunication antennae are also permitted subject to approval of a specific use permit in the following locations regardless of the underlying zoning district:

1.

Church sites when camouflaged as steeples or bell towers;

2.

Park sites when compatible with the existing environment and nature of the park; and

3.

Government, school, utility and institutional sites.

D.

The minimum setback from the base of the tower to any property line or to any adjacent nonresidential structure shall be equal to one-half (½) the height of the tower, unless the zoning board of adjustment grants a variance due to special or unusual characteristics.

E.

The following general criteria shall be considered in determining the appropriateness of sites for a communication tower when considering a conditional use permit:

1.

Whether the proposed tower is to be located in an area where it would be unobtrusive to surrounding uses and would not substantially detract from the local aesthetic or neighborhood character;

2.

Where the application represents a request for multiple use of a proposed tower;

3.

Whether the application exhibits how the site and the tower and/or antenna will be designed and arranged to accommodate future multiple users.

F.

In the event the tower and antenna array shall serve as the primary use of the property, any accessory facility or building greater than one hundred (100) square feet will be designed so as to be architecturally compatible with principal structures on the site and shall be compatible with the surrounding natural or built environment.

G.

Advertising or signage provided for any use other than to provide warning or equipment instruction and/or other information pertinent to the safe operation of the facility on any portion of the tower and/or antenna or any other accessory facility shall be prohibited.

1.

Each tower shall maintain a gray or other neutral colored finish.

H.

If at any time the use of the tower and/or antenna ceases, the owner or lessee of the tower and/or antenna shall dismantle and remove it within six (6) months after ceasing to use it, unless a binding lease agreement with another wireless communications provider on the same tower has been executed in which case an additional six (6) months shall be granted.

(Ord. No. 679, § 1(Exh. A), 11-11-14)

All uses in all districts shall conform in operation, location and construction to the performance standards herein specified. In conformance therewith, the following general provisions shall be observed:

A.

Any and all county, state and federal rules, regulations and standards applicable to and governing, excess noise generation, pollution, emission of air pollution, water pollution by liquid or solid wastes, explosive or hazardous gases, liquids and matter, radioactive materials, vibration, electromagnetic interference, and storage, manufacture, handling, transportation or use of explosives or inflammable material shall be observed for all uses in all districts.

B.

No use or light in any district shall be operated so as to produce any intense glare or direct illumination across the bounding property line from a visible source, or illumination of such intensity as to create a nuisance or detract from the use or enjoyment of privacy of adjacent properties. All exterior lights shall be made of a light source with a reflector so selected that, acting together, the light beam is controlled so as not to be directed across any adjacent property line.

C.

Any use established after the effective date of this ordinance shall comply with all of the performance standards herein established.

D.

The city manager shall have the power to refuse a building permit or certificate of occupancy when in his opinion the applicant's request could or would, if placed in use or operation, be in violation of the performance standards herein established. In such case, the city manager shall request, and the applicant shall furnish, at his expenses, sufficient detailed information to show conformity with the applicable standards as respects his particular use or operation, prior to the issuance of such permit or certificate by the city manager.

E.

In the case of alleged violations of these standards of any use or operation, as prescribed herein, the city manager shall investigate and determine what subsequent actions should be taken to abate the alleged violation. If after consultation with the owner of the use or operation alleged to be in violation with these standards, and if an appropriate solution cannot be mutually agreed upon by both parties, the city manager shall cause to be placed on the first available agenda of the planning and zoning commission for due consideration the proposed violation(s). If after consultation between the planning and zoning commission and the owner of the use or operation alleged to be in violation with these standards, and if an appropriate solution still cannot be mutually agreed upon by both parties, the city manager shall cause to be placed on the first available agenda of the city council for due consideration the proposed violation(s). The city council may employ the use of professional qualified experts to conduct a detailed investigation, report and recommendation thereon. Following receipt of the report, the city council shall conduct a public hearing on the case, in the same manner and procedure as that employed for a zoning change. After considering all testimony submitted at the public hearing, the city council shall make the final determination whether or not a violation exists. Costs incurred by the city in the employ of the expert's investigation, report and testimony shall be reimbursed by the violator if a violation is found to exist, otherwise such costs shall be borne by the city. The violator may appeal the city council's findings and decisions through the courts, as established by state statutes.

(Ord. No. 679, § 1(Exh. A), 11-11-14)