Ferris City Zoning Code

SUPPLEMENTAL REGULATIONS

§ 154.040 SITE PLAN REQUIREMENTS

(A) General.

(1) Site plans are required for all new structures to secure a building permit from the Building Official. Whenever a site plan is required by this chapter, such site plan must conform to the requirements of this section and must be approved by action of the Planning and Zoning Commission and the City Council.

(2) Whenever a site plan requires approval before a building permit is issued, and there is no request for a zoning change, the Planning and Zoning Commission and City Council may approve the site plan. The approved site plan and a copy of the minutes of the City Council action must accompany the request for the issuance of the building permit.

(3) Changes in any site plan required by this chapter and approved by the Planning and Zoning Commission and the City Council shall be processed the same as the original approval of the site plan, except that changes of detail which do not alter the basic relationship of the proposed development to adjacent property, and which do not alter the uses permitted or increase the density, floor-area ratio, height ratio, or reduce the yards provided at the boundary of the site as indicated on the approved site plan may be authorized by the City Manager. An aggrieved party may appeal the decision of the City Manager to the Board of Adjustment and Appeals in accordance with the provisions of this chapter.

(B) Site plan required. When required by the Administrative Official, applicable advisory board, Commission, or the City Council, any applicant for a zoning change shall submit a proposed site plan for approval. It is the established policy of the Planning and Zoning Commission and the City Council under this section that a site plan will be required for any application for a zoning change to “C-O,” “C-N,” or “C-C” Commercial, and to “I-L” and “I-H” Industrial, on any tract of land which meets 1 or more of the following conditions:

(1) Adjacent to any of the following Single-Family Residential Zoning Districts: “R-1;” “R-2;” “R-3;” “R-T ;” “R-D,” “MF-18,” and “MH.”

(2) Unique topographical conditions are present on the tract.

(3) Greater than 3 acres in area.

(1) Owners of record of property within 200 feet of the property under consideration will be notified of site plan consideration by the Planning and Zoning Commission.

(2) The City Manager or designee shall have at least 1 sign erected on the property for which site plan consideration of the Planning and Zoning Commission has been requested. The sign shall have total area of at least 4 square feet and shall be located adjacent to streets, if possible. Such sign shall be erected on or before the first date of the first notice to property owners and shall be removed immediately after final action by the City Council, or when the applicant withdraws the request, whichever comes first. The sign shall contain a notice of hearing on a site plan and the telephone number of the public official from whom dates of public hearing may be obtained. The erection or continued maintenance of signs shall not be deemed a condition precedent to the granting of any site plan recommendation or approval or the holding of any public hearing.

(3) Council approval of a site plan that accompanies a zoning change request shall become part of the amending ordinance and shall be referenced on the Zoning District Map. Hearings held by the Council for consideration of approval of such zoning changes and accompanying site plans shall be conducted in accordance with the provisions of § 154.120 and state law.

(4) Council approval of a site plan required for the issuance of a building permit, in which no zoning change has been requested, shall not constitute an official public hearing as required by § 154.120. Notice of the consideration of the site plan by the City Council in the posted agenda of the Council shall be sufficient notice for the purposes of approving a site plan by City Council action for the issuance of a building permit.

(D) Form and content. The site plan shall contain the information listed below. Any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the Planning and Zoning Commission, the City Council, and the officers required to enforce and interpret this chapter.

(1) The boundary lines and dimensions of the property, existing subdivision lots available utilities, easements, roadways, sidewalks, fire lanes, and public rights-of-way.

(2) Topography of the property proposed for development in contours of not less than 2 feet, together with any proposed grade elevations, if different from existing elevations. (Note: If the natural contour of the land is to be altered or changed in any location on the property more than 4 feet, the site plan must provide detailed information on the proposed grading plan. This information shall include the correlation of the proposed grading plan to the surrounding properties and the use of those surrounding properties and shall include information indicating the drainage and line of sight effect. The proposed grading plan will have on the surrounding properties).

(3) Floodplains, watercourses, marshes, drainage areas, and other significant environmental features including, but not limited to, rock outcroppings and major tree groupings.

(4) The location and use of all existing and proposed buildings or structures, including all refuse storage areas, and the minimum distance between buildings. Where building complexes are proposed, a site plan showing the location of each building and the minimum distance between buildings, and between buildings and the property line, street line, and/or alley shall be submitted. For buildings more than 1 story in height, except “R-1,” Residential, through “R-D,” Duplex residences, elevations and/or perspective drawings shall be required in order that the relationship of the buildings to adjacent property, open spaces, and to other features of the development plan may be determined. Such drawings need only indicate the height, number of floors and exposures for access, light, and air. A designation of the maximum building coverage of the site shall be indicated upon the site plan.

(5) Total number and location of off-street parking and loading spaces. A plan indicating the arrangement and provision of off-street parking and off-street loading where required. Such a plan may be presented as a ratio of off-street parking and off-street loading area to the building area when accompanied by a typical example indicating the feasibility of the arrangement proposed and when the areas where the example would be applied are dimensioned on the drawing of the entire site.

(6) All points of vehicular ingress and egress and circulation within the property, including any special traffic regulations facilities proposed or required assuring the safe function of the circulation plan.

(7) Setbacks, lot coverage, and when relevant, the relationships of the setbacks provided and the height of any existing or proposed building or structure.

(8) The location, size, and arrangement of all outdoor signs, exterior auditory speakers, and lighting.

(9) The type, location, and quantity of all plant material used for landscaping, and the type, location, and height of fences or screening and the plantings around them. When necessary to protect the public health, safety, or welfare, the City Council or the Planning and Zoning Commission may require landscaping and screening requirements to be in place prior to the start of construction pursuant to an approved site plan.

(10) A land use plan that delineates where multiple types of land use are proposed, the specific areas to be devoted to various uses.

(11) Vicinity map, north point, scale, name of development, name of owner, name of planner, total acreage of project, street address, or common description of the property.

(12) Current land uses and zoning district of the property and current land uses and zoning districts of contiguous properties and buildings on the exterior of the site and within 25 feet of all property lines.

(13) The location and size of existing and proposed surface and subsurface drainage facilities, including culverts, drains, and detention ponds, showing size and dimensions of flow.

(14) Land uses and zoning district contiguous to the property.

(15) Existing buildings on the exterior of the site and within 25 feet of all property lines.

(16) The number of square feet of the property after construction which will constitute impervious area or impervious surface and vegetated areas as those terms are defined in the Stormwater Utility Ordinance.

(17) Roadway speeds and distances of adjacent driveways from all proposed driveways.

(18) Requests for alcoholic beverages uses the distances from schools, churches, and daycare facilities.

(E) Consideration. In considering, granting, or denying an application for a site plan as provided for in this chapter, the Planning and Zoning Commission and the City Council shall take into consideration the following factors:

(1) Compliance with this chapter, the Subdivision Ordinance, and all other ordinances of the city.

(2) Such other measures as will secure and protect public health, safety, morals, and general welfare of the citizens of the City of Ferris.

(Ord. O-12-743, passed 12-3-2012)

§ 154.041 ZONING OF VACATED STREETS AND ALLEYS.

Whenever a street or alley that formed a district boundary is vacated by the City Council, adjacent districts shall extend to the center line of the street or alley vacated.

(Ord. O-12-743, passed 12-3-2012)

§ 154.042 REVERSE CORNER LOTS.

On a reverse corner lot in any nonresidential district, the rear line of which abuts a lot zoned or used for residential purpose, no structure or portion thereof shall be located within 5 feet of any part of the rear lot line. Further, any portion of a structure on a reverse corner lot in a nonresidential district, which structure is located within 15 feet of such rear lot line, shall observe the same yard requirements on its street side as are specified by this chapter for the lot which it abuts to its rear.

(Ord. O-12-743, passed 12-3-2012)

§ 154.043 SPECIAL RULES FOR DOUBLE FRONTAGE LOTS.

(A) Double frontage lots in residential districts. When a double frontage lot is located in any residential district, the major thoroughfare shall be the rear lot line, and such lot shall front on the minor street.

(B) Double frontage lots backing to major thoroughfares. A minimum front yard shall be required on both streets; provided, however, that when a principal structure on a double frontage lot will back upon a major thoroughfare, the minimum rear yard, in any residential district, may be reduced to 5 feet, when:

(1) The front and rear yards and building lines therefore are designated on a plat approved by the Commission and recorded in the Plat Records of Ellis County, Texas; and

(2) A screening device approved by the city as to location and height is erected along the property line abutting the major thoroughfare.

(3) Where a double frontage lot is developed with the major thoroughfare frontage as the rear lot line and a screening device is installed along said line, the device shall be of a type defined in this chapter and shall be maintained wholly by the owner.

(1) In screening a major thoroughfare, as described in division (B)(2) above, the screening device may have a maximum height of 8 feet, notwithstanding the height limitations elsewhere herein provided.

(2) When a double frontage lot is developed with the major thoroughfare frontage as the rear lot line and a screening device is installed as provided in divisions (B)(2) and (B)(3) above, the screening device may be located on the property line and accessory buildings may be located in the rear yard when in compliance with the yard requirements for accessory buildings herein contained, so long as the same shall not constitute a sight obstruction, as herein regulated.

(Ord. O-12-743, passed 12-3-2012)

§ 154.044 PRINCIPAL AND ACCESSORY BUILDINGS AND USES.

(A) Principal buildings and uses. All residential and commercial buildings as herein defined, are principal uses.

(B) Accessory buildings and uses.

(1) (a) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY BUILDING. A subordinate building attached or detached and used for a purpose customarily incidental to the main structure, located on the same lot, such as a private garage for automobile storage, tool house, greenhouse, hobby shop (no business), home workshop, children’s playhouse, storage house, garden shelter, but not involving the conduct of a business or used as living quarters.

SEA CONTAINER. Any container intended for the use of shipping goods or commodities by ship, rail car, aircraft, or truck.

SET BACK. The distance (5 feet) that an accessory building must be from any property line and/or utility easement.

TRUCK BOX. Any portion of a truck, trailer, semi-trailer, or rail car whether fully enclosed or partially open on the top or sides being used for the storage of but not limited to personal property, materials, tools, or equipment.

(b) Accessory buildings shall be allowed in all zoning districts within the City of Ferris provided that they meet the requirements of this chapter. No accessory building in residential districts shall exceed 240 square feet in size if they are not permanently erected on a concrete foundation. This applies to portable sheds or buildings that are purchased off site and are moved onto the premises. Permanently erected accessory buildings shall not exceed 400 square feet and shall be on a concrete foundation. No accessory building in any commercial district shall exceed 400 square feet in size and shall be by special use permit only. A permit shall be required to construct or move in any accessory building within the City of Ferris (see fee ordinance). Truck boxes shall not be allowed for use as an accessory building in the City of Ferris. Sea containers are only allowed in industrial zoned districts, and must comply with all applicable regulations.

(c) Companies offering to rent sea containers for the temporary storage of personal belongings shall be allowed to place their containers on the persons property for not more than 60 days per 365-day period, any time required longer than 60 days will require a special exception permit from the Board of Adjustments.

1. No accessory building, other than guesthouses and garage apartments located in districts where the same are permitted, shall be used for dwelling purposes.

2. In addition to those uses listed as accessory uses in the various district regulations, the following are also accessory uses to appropriate principal uses:

A. Storage of goods used or produced by manufacturing activities upon the building lot occupied by such activities, when such storage is permitted by the district regulations.

B. The production, processing, cleaning, servicing, altering, testing, repairing or storing of merchandise normally incidental to a retail service or business, when conducted by the person engaged in the principal use, when such activity is permitted by the district regulations.

C. Off-street motor vehicle parking areas and loading facilities for the exclusive use of the owners, customers, clients and employees of the principal use.

D. Bomb and fall-out shelters.

E. Swimming pools as a part of single-family residences when used by residents and their guests only.

F. In multi-family residential developments: club rooms, clothes washing and drying facilities, swimming pools, sauna baths and other indoor and outdoor recreation facilities common to such developments, when such uses exist for the use and benefit of residents and their guests but not the general public.

(2) Industrial zone sea container regulations.

(a) Sea containers may not be stacked more than 2 high.

(b) Sea containers shall be for the sole use of the business operating on that property, and space within them whether in part or in whole shall not be sold, rented or leased to another person, business, or corporation.

(c) Sea containers in these districts where they abut residential districts shall have a screening fence of not less than 8 feet in height installed for the entire length of the property between the two districts.

(d) Sea containers when double stacked shall be no closer than 20 feet to the property line.

(Ord. O-12-743, passed 12-3-2012)

§ 154.045 PERMITTED OBSTRUCTIONS IN REQUIRED YARDS AND OPEN SPACES.

The following shall not be considered to be obstructions when located in the required yards and open spaces specified.

(A) In all required yards.

(1) Open terraces not over 4 feet above the average level of the adjoining ground but not including a permanently roofed-over terrace or porch, awnings and canopies.

(2) Steps 4 feet or less above the grade which are necessary to provide access to a permitted building, or for access to a building lot from a street or alley.

(3) Chimneys projecting 24 inches or less into the yard but not occupying more than 2% of the required yard area.

(B) In front yards.

(1) One-story bay windows, balconies and overhanging eaves or gutters, none of which shall project more than 4 feet into a required yard.

(2) Open covered porches shall be permitted to extend into the front yard but shall not exceed 8 feet in front of the building line.

(3) Hedges or other natural growth shall be permitted such that the height and placement does not obstruct traffic sight lines, as determined by the Code Compliance Officer and is consistent with the Landscaping Ordinance.

(C) In side yards. Bay windows, overhanging eaves or gutters projecting 2 feet or less into a required yard, but in no case shall such eaves or gutters be closer than 3 feet from the side lot line.

(D) In rear yards. Detached off-street parking structures; open off-street parking spaces; servants quarters; accessory sheds; tool rooms; and, similar buildings or structures for domestic or agricultural storage, balconies, breezeways and open unroofed porches, 1-story bay windows and overhanging eaves or gutters.

(E) Public open space easement (P.O.S.E.) and sight obstructions.

(1) It shall be unlawful for any person to erect or place or cause to be erected or replaced on any property under his or her control any hedge, tree, shrub, or other growth or any fence or other structure in such manner or at such location as to constitute an obstruction to view creating a traffic hazard. The following conditions shall be adhered to in regards to landscaping and sight obstructions.

(2) Whenever an access way intersects a public right-of-way or when the subject property abuts the intersection of 2 or more public rights-of-way, a triangular visibility area, as described below, shall be created. Landscaping within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between 3 and 6 feet. Trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area. The triangular areas are:

(a) The areas of property on both sides of the intersection of an access way and a public right-of-way shall have a triangular visibility area with 2 sides of each triangle being 10 feet in length from the point of the intersection and the third side being a line connecting the ends of the other 2 sides.

(b) The areas of property located at a corner formed by the intersection of 2 or more public rights-of-way shall have a triangular visibility area with 2 sides of each triangle being 20 feet in length from the point of the intersection and the third side being a line connecting the ends of the other 2 sides. Landscaping, except required grass and low ground cover, shall not be located closer than 3 feet from the edge of any access way pavement. In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the Director, the requirements set forth herein may be reduced to the extent to remove the conflict.

(Ord. O-12-743, passed 12-3-2012)

§ 154.046 SCREENING DEVICES.

(A) Abutting residential property. On any non-residentially zoned property (“C-O,” “C-N,” “C-C,” “I-L” and “I-H”), adjacent to a residentially zoned property, before any use (other than a use permitted in the residential districts) is made of the non-residential property, an 8-foot tall opaque screening device constructed of wood or masonry, shall be erected along the common property line between the non-residential use and the adjoining residentially zoned property. Insofar as it is practical, the screening device shall be erected along the entire length of the common line between the non-residential property and the abutting residentially zoned property.

(B) Multi-family. A screening device, as defined within this chapter, shall be erected and thereafter maintained in good appearance, quality, and standing between multi-family uses and single-family uses before and during the continuation of any multi-family use permitted to initiate and thereafter continue adjacent to any property that is zoned for single-family use. Insofar as it is practicable, such screening device shall be erected the entire length of the common line between the property to be used for multi-family and the property zoned for single-family use.

(C) Mechanical equipment. All roof-mounted mechanical shall be screened from view at a point 6 feet above ground level at the property line if the property is adjacent to a residential property. If a parapet does not accomplish this screening, a screening wall equal to the height of the equipment shall be provided. Buildings adjacent to single-family zoned property or property that is designated as single-family on the Future Land Use Plan shall provide a screening wall equal to the height of the equipment on all sides that face the residential property.

(Ord. O-12-743, passed 12-3-2012)

§ 154.047 ERECTION AND MAINTENANCE OF SCREENING DEVICES.

(A) Responsibility. When a screening device is required under the terms of § 154.046, it shall be the responsibility of the user of the multi-family, commercial or industrial property to erect the required screening device, and the same shall be a condition precedent to the issuance of a certificate of occupancy for the premises on which the device is located.

(B) Perpetually maintained. All screening devices required by this chapter or action of the Board of Adjustment and Appeals shall be perpetually maintained by the user of the property on which the device is located.

(C) Height. No fence or other screening device, whether required or not, shall exceed 8 feet in height, without proper Board approval.

(Ord. O-12-743, passed 12-3-2012)

§ 154.048 FENCES.

(A) Permits required. It shall be unlawful for any person to construct a fence on any lot without having first obtained a building permit therefor from the office of the Building Inspector.

(B) Permit fees. Permit fees shall be as prescribed in the fee ordinance.

(C) On public property. No fence, guy wires, braces or any part of such fence shall be constructed upon or cause to protrude over property owned by the city.

(D) In rear yard. No fence shall be constructed at a height exceeding 8 feet along the rear yard or alley line.

(E) In side yard. No fence shall be constructed at a height exceeding 8 feet on any side yard line up to the building line of the house proper. All such fences constructed on side yard lines must be vertical.

(F) In front yard. No fence shall be allowed in the front yard, all fences shall extend no farther than the front building line.

(G) Corner lot exceptions. On all corner lots which have adjacent rear lot lines, fences may be constructed not to exceed 8 feet in height along the side and rear yard lines and shall not extend beyond the front building line.

(H) Enclosure of swimming pool.

(1) Every outdoor swimming pool shall be completely surrounded by a fence or wall not less than 6 feet in height, which shall be so constructed as not to have openings, holes or gaps larger than 4 inches in any dimension except for doors and gates. A dwelling house, or accessory building may be used as part of such enclosure.

(2) All personnel gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.

(3) This requirement shall be applicable to all new swimming pools hereafter constructed, other than indoor pools, and shall apply to all existing pools which have a depth of 24 inches or more of water at any point. No person in possession of land within the city, either as owner, purchaser, lessee, tenant, or a licensee, upon which is situated a swimming pool having a depth of 24 inches or more of water at any point shall fail to provide and maintain such fence or wall as herein provided.

(4) The Board of Adjustments of the city may make modifications in individual cases, upon a showing of good cause with respect to the height, nature of location of the fence, wall gates or latches, or the necessity therefor provided the protection as sought hereunder is not reduced thereby. The Board of Adjustment and Appeals of the city may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the substitute fence, gates and latch described herein. The Building Official shall allow a reasonable period within which to comply with the requirements of this division (H).

(5) The term SWIMMING POOL as used herein shall mean a body of water in an artificial or semi-artificial receptacle or other container located outdoors, used or intended to be used for public, semi-public, or private swimming by adults or children, or both adults and children, operated and maintained by any person, whether he or she be an owner, lessee, operator, licensee, or concessionaire, and shall include swimming pools used or intended to be used solely by the owner or friends invited to use it without payment of any fee; however, the requirements of this division (H) shall not apply to a swimming pool constructed, operated, and maintained in conjunction with a motel, hotel, or private dormitory, or like business which operates on a 24-hour per day basis and which provides such pool for the use of its tenants and their guests.

(I) Barbed wire fence.

(1) It shall be unlawful for any person, firm or corporation, or agent or employee thereof, to build or permit or allow to be built, any barbed wire fence on or around any property or premises owned or controlled by such person, firm or corporation within the limits of the City of Ferris; provided, however, that any fence including top grade construction barbed wire the lowest strand of which is not less than 6-1/2 feet above ground level, shall be permitted only on commercial use fence with arms. Fence arms may be permitted on fences 6 feet or more in height. Barbed wire may be constructed on such arms above 6 feet in height, and may not extend beyond any property line or fence setback line provided in this or other sections. The Building Official may issue a permit for the maintenance and reconstruction of barbed wire fences at the time of the passage of this section, provided that such fence or portion of fence cannot economically be replaced with non-hazardous materials and that such fence is located more than 200 feet from any area with an existing residential density of 3 or more families per acre. The Building Official shall have the authority to refuse to issue a permit for the maintenance or reconstruction of a barbed wire fence based on the safety and welfare of adjacent residents and the degree of “attractive nuisance” inherent in such fence.

(2) Exception. Agricultural zoned land may use barbed wire fences for the purpose of containing livestock.

(J) Electric fence.

(1) It shall be unlawful for any person, firm, or corporation or agent or employee thereof, to build or maintain or to permit or allow to be built or maintained any type of electrically charged fence.

(2) Exceptions.

(a) Electrically charged fence systems specially designed for the containment of dogs shall be allowed provided that:

(1) They are used in conjunction with a normal fence.

(2) The electrically charged fence shall not be located on top of a normal fence.

(3) All portions of the electric fence shall be contained inside the normal fence.

(4) No portion of the electric fence shall extend past the front of the residence.

(5) All persons shall post their fence with at least 2 signs not less than 12 inches by 14 inches in size with no less than 2-inch high letters showing that this type of fence is in use.

(b) Electrically charged fences may be allowed in industrial zoned districts if approval is granted by both the Planning and Zoning Commission and the City Council.

(K) Types of materials. In residential areas, metal fencing is only permitted if it is at least 50% open (This does not affect the ability to have metal fence posts). No R-Panel fencing materials are allowed in residential areas.

(L) Inspection. When any such fence is completed it must be inspected. The Building Inspector’s office shall be notified upon completion of the fence. All fences constructed under the provisions of this section shall be maintained so as to comply with the requirements of this section at all times.

(Ord. O-12-743, passed 12-3-2012)

§ 154.049 ANTENNA FACILITIES.

(A) Purpose. Certain radio equipment used in transmitting and receiving signal energy are essential and are deemed to promote the health, safety and general welfare of the citizens of the city. The placement of such equipment shall be located such that the health, safety, welfare, and aesthetic quality of the community shall not be compromised. Therefore the regulations governing the location of such equipment shall consider the aesthetic quality of the community equal to the health, safety, and general welfare of the community. The antennas, masts and towers hereinafter enumerated shall not be deemed violations of this chapter when made under the conditions herein provided.

(B) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ANTENNA. A device used in communications that transmits or receives radio signals.

ANTENNA, BUILDING ATTACHED. Antenna attached to existing structures in 2 general forms:

(a) Roof-mounted, in which antennas are placed on the roofs of buildings, or

(b) Building-mounted, in which antennas are mounted to the sides of buildings. These antennas can also be mounted on structures such as water tanks, billboards, church steeples, electrical transmission towers, and the like.

ANTENNA FACILITY. Any structure, monopole, tower, or lattice tower used to support antennas that are more than 35 feet tall.

ANTENNA, MICROWAVE. Also known as “dish” antenna. A dish-shaped antenna used to link communications sites together by wireless transmission of voice or data, utilizing electromagnetic radiation frequencies from 960 MHZ to 24 GHz; and using relatively low transmitter power levels when compared to other forms of transmission.

ANTENNA, PANEL. Also known as “directional” antenna. An antenna or array of antennas designed to concentrate a radio signal in a particular area. PANEL ANTENNA are typically flat, rectangular devices approximately 6 square feet in size.

ANTENNA, WHIP. Also known as “omni-directional antenna”. Shaped cylindrically, WHIP ANTENNAS have diameters between 2 and 6 inches, and measure between 1 and 18 feet in height. They are used to emit signals in a 360-degree horizontal plane and a compressed vertical plane.

CO-LOCATION. The act of locating wireless communications equipment from more than 1 provider on a single antenna facility.

EQUIPMENT STORAGE. A small unmanned, single-story equipment building less than 500 square feet in size used to house radio transmitters and related equipment.

LATTICE TOWERS. A tower having 3 or 4 support legs and holding a variety of antennas. These towers range from 60 to 200 feet in height and can accommodate a variety of users.

MONOPOLE. An antenna facility composed of a single spire more than 35 feet tall used to support communications equipment or other visible items. No guy wires are used or permitted.

SATELLITE RECEIVE-ONLY ANTENNA. An antenna that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna or satellite earth station antenna.

TOWER. Any columnar, guyed, structure more than 35 feet tall used to support antennas, or other visible items.

(C) Residentially zoned districts amateur radio equipment and TV antennas. Amateur radio equipment, (including ham radio and CB equipment) and personal use TV antennas shall be allowed in the “R1,” “R2,” “R3,” “R-T,” “R-D,” “MF 18,” “MH” or “RV” Zoning Districts if it complies with the following regulations:

(1) Antenna facility may be building attached, monopoles, towers, or lattice towers.

(2) Only 1 antenna facility, exceeding 35 feet, per premises.

(3) An antenna facility, exclusive of the height of any antenna or mast, shall not exceed 65 feet in height. Provided, however, that an antenna facility shall be permitted additional height at the ratio of 1 added foot in height for each additional foot of setback beyond the minimum setback required of an accessory building in the zoning district regulations. Regardless of the above, the maximum height for a tower permitted without a special exception in any residential district shall be 80 feet.

(4) The height of an antenna, including the height of any antenna facility to which they may be fastened or attached shall not exceed 80 feet in height without a special exception.

(5) An antenna not fastened to an antenna facility shall not exceed 50 feet in overall height without a special exception, except for an antenna, which does not extend more than 8 feet above a building on which it is mounted.

(6) An antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer’s designs and specifications for maximum wind load requirements.

(7) Setbacks.

(a) Antennas and antenna facilities shall not be permitted in front or side yards. Guy wires are not permitted in front yards.

(b) Guy wires are permitted in required side and rear yards.

(8) Separation. There shall be no minimum or maximum separation requirements for antenna facilities from other structures on the same lot of record.

(9) Antenna facilities shall not be permitted in any easement.

(10) Lights. No auxiliary or outdoor lighting above 20 feet shall be allowed on antenna facilities located on residentially zoned property, and no lights so located shall be directed off one’s property, except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission.

(11) Construction standards. A building permit must be obtained prior to the construction and/or installation of an antenna facility. Antenna facilities must be installed as per the manufacturer recommendations or under the seal of a registered professional engineer of the State of Texas.

(12) Maintenance. Antennas and/or antenna facilities obviously not in use or obviously in need of maintenance as determined by the Building Official, shall be removed or brought into compliance within 30 days following notice given by the Building Official. This shall not preclude immediate action by the Building Official to safeguard life, limb, health, property, and public welfare.

(13) No part of an antenna, antenna facility, or any attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility without written permission from affected property owners.

(14) No permit shall be issued for the installation of an antenna, antenna facility, on a multi-family structure or property unless a notarized statement of permission from the owner is presented to the Building Department.

(15) All antennas and antenna facilities shall be subject to an inspection every 5 years by a qualified expert. Such inspection to be conducted and charged for by the city in accordance with provisions in the Building Code.

(16) A special exception, in accordance with § 154.102 must be obtained from the Board of Adjustment and Appeals for any antenna facility which does not comply with the regulations specified hereinabove.

(17) The Zoning Board of Adjustment and Appeals will approve a requested application for a special exception upon documentation that such exception is necessary and critical to the communications operation of the facility.

(D) Residentially zoned districts commercial antennas. Only building-attached antenna shall be allowed in residentially zoned districts under the following conditions:

(1) A special exception must be obtained from the Board of Adjustment and Appeals, in accordance with § 154.102.

(2) The proposed antenna must be attached to or enclosed by an existing structure currently or last occupied by a non-residential use as listed in the Zoning Ordinance, or attached to a power or telephone pole, water storage tower, or other utility structure.

(3) The antenna must not exceed 8 feet above the structure to which it is attached.

(4) A maximum of 3 antennas shall be allowed to be attached to a single antenna facility.

(5) A maximum of 1,500 feet of separation shall be required between antenna facilities.

(6) If attached to the exterior of a structure or a power or telephone pole, water storage tower or other utility structure the antenna must be at least 75 feet above grade and painted to match the structure to which it is attached.

(7) The antenna may be placed lower than 75 feet above grade if completely enclosed within existing architectural elements of a building so as not to be visible.

(8) Any associated equipment storage building shall be screened from public view by a decorative masonry wall, with landscaping for aesthetic purposes.

(9) All driveways accessing any antenna facility site or equipment storage site shall be constructed of an all weather hard surface as approved by the Building Official.

(10) Lights. No auxiliary or outdoor lighting shall be allowed on antennas located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission.

(11) Construction standards. A building permit must be obtained prior to the construction and/or installation of a tower, antenna or mast. Towers must be installed as per the manufacturer recommendations or under the seal of a registered professional engineer of the State of Texas.

(12) Maintenance. Antennas, obviously not in use or obviously in need of maintenance as determined by the Building Official, shall be removed or brought into compliance within 30 days following notice given by the Building Official. This shall not preclude immediate action by the Building Official to safeguard life, limb, health, property, and public welfare.

(13) No part of an antenna, antenna facility, or any attachment thereto may extend beyond the property lines of the owner of such antenna.

(14) No permit shall be issued for the installation of an antenna facility, on a structure or property, unless a notarized statement of permission from the owner is presented to the Building Department.

(15) All antennas or antenna facilities shall be subject to an inspection every 5 years by a qualified expert. Such inspection may be conducted and charged for by the city in accordance with provisions in the Building Code.

(E) Commercial or industrial zoned districts. Radio, television, microwave broadcast relay, receiving towers and transmission and retransmission facilities, satellite receiving only earth stations (home dish antenna) and any electronic emission equipment of a commercial nature shall be allowed in the “C-O,” “C-N,” “C-C,” “I-L,” and “I-H” Zoning Districts if it complies with the following regulations:

(1) Only 1 antenna facility per premises.

(2) Antenna facilities shall be limited to building attached and monopoles only.

(3) An antenna facility, exclusive of the height of any attached antenna, shall not exceed 35 feet in height. Provided, however, that an antenna facility shall be permitted additional height at the ratio of 1 added foot in height for each additional foot of setback beyond the minimum setback required of an accessory building in this chapter. Regardless of the above, the maximum height for an antenna facility permitted without a special exception in any “C-O,” “C-N,” “C-C,” “I-L” or “I-H” District shall be 65 feet.

(4) The height of an antenna, including the height of any antenna facility to which they may be fastened or attached shall not exceed 65 feet in height without a special exception.

(5) An antenna not fastened to an antenna facility shall not exceed 50 feet, except for an antenna, which does not extend more than 8 feet above a building on which it is attached.

(7) Setbacks.

(a) Antennas and antenna facilities shall not be permitted in front or side yards.

(b) Antennas and antenna facilities shall be setback from residential districts a minimum distance equal to 2 times the height of the tower, but in no instance shall the setback be less than 200 feet from any residentially zoned district.

(8) Separation. There shall be no minimum or maximum separation requirements for antenna facilities from other structures on the same lot of record. With the exception of structure mounted antenna, there shall be a separation of 1,500 feet from antenna facilities.

(9) Antenna facilities shall not be permitted in any easement.

(11) Construction standards. A building permit must be obtained prior to the construction and/or installation of a tower, antenna or mast. Antenna facility must be installed as per the manufacturer recommendations or under the seal of a registered professional engineer of the State of Texas.

(12) Maintenance. Antenna facility and antennas obviously not in use or obviously in need of maintenance as determined by the Building Official, shall be removed or brought into compliance within 30 days following notice given by the Building Official. This shall not preclude immediate action by the Building Official to safeguard life, limb, health, property, and public welfare.

(13) No part of an antenna facility and antennas or any attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility.

(14) No permit shall be issued for the installation of an antenna, antenna facility on a multi-family structure or property unless a notarized statement of permission from the owner is presented to the Building Department.

(16) A special exception, in accordance with § 154.102 must be obtained from the Board of Adjustment and Appeals for any antenna or tower, which does not comply with the regulations, specified herein.

(F) Written report upon denial of request. The City of Ferris shall document any denial of a request to place, construct, or modify personal wireless service facilities in writing. Such documentation shall be supported by substantial evidence within the written record.

(G) Satellite receive-only antennas generally. Satellite receive-only antennas assist individuals in the reception of satellite transmitted television signals. Satellite receive-only antennas shall not be deemed violations of this chapter when made under the conditions herein provided. Such conditions are hereby found to be reasonable and clearly defined health, safety and aesthetic objectives. A satellite receive only antenna shall be allowed if it complies with the following:

(1) The satellite receive-only antenna is 2 meters (6.56 feet) or less in diameter and is located or proposed to be located in any area where commercial or industrial uses are generally permitted by non- federal land use regulations; or

(2) The satellite receive-only antenna is less than 1 meter (3.28 feet) in diameter in any zoning district.

(H) Special exception.

(1) A special exception, in accordance with § 154.102 must be obtained from the Board of Adjustment and Appeals for any satellite receive-only antenna or antenna facility which does not comply with the regulations specified herein above.

(2) The Board of Adjustment and Appeals will approve a requested application subject to the finding that co-location of this facility with a nearby existing tower facility is technically not feasible and subject to the following conditions:

(a) Applicant will permit co-location of others at the site;

(b) Applicant will configure its antenna and other equipment to accommodate other providers;

(d) Applicant will give notice to the city identifying any providers who co-locates to the site and identify their backhaul provider.

(e) Applicant shall satisfactorily complete and provide all descriptive material required in this section.

(f) Applicant shall demonstrate that the project does not adversely impact the public health, safety, and general welfare, as provided for in this chapter.

(Ord. O-12-743, passed 12-3-2012)

§ 154.050 SOLAR PANEL INSTALLATION.

(A) Definitions. As used in this section, the following terms shall have the meanings subscribed in interpreting the provisions of this section.

SOLAR PANEL. A system or series of mechanisms designed primarily to provide heating or cooling or to produce electrical or mechanical power by collecting and transferring solar- generated energy. The term includes a mechanical or chemical device that has the ability to store solar- generated energy for use in heating or cooling or in the production of power.

(B) Location and design requirements.

(1) Solar panel systems are prohibited where the installation threatens the public health or safety or violates the law, as determined by a court.

(2) Roof-mounted solar panel systems shall not extend past the roofline and shall be parallel to the roofline.

(3) Solar panel systems shall be located no closer than three feet (36 inches) from the edge of any roofline, ridge, or valley, and shall cover no more than 80% of the roof surface area.

(4) Solar panel systems may not be installed upon a roof, where the solar panel system:

(a) Extends higher than or beyond the roofline;

(b) Does not conform to the slope of the roof and has a top edge that is not parallel to the roofline; or

(c) Has a frame, a support bracket, or visible piping or wiring that is not in a silver, bronze, or black tone commonly available in the marketplace.

(5) The city designates the following areas permitted for solar panel system installation:

(a) Roof-mounted solar panel systems shall not extend past the roofline and shall be parallel to the roofline.

(b) Solar panel systems shall be located no closer than three feet (36 inches) from the edge of any roofline, ridge, or valley, and shall cover no more than 80% of the roof surface.

(1) Glare. A solar panel shall be designed and located to avoid glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard.

(2) Enforcement. A solar panel system, or any component thereof, that creates glare or reflection onto adjacent properties or roadways is determined to constitute a nuisance. If a solar panel system or any component thereof is deemed to constitute a nuisance or a safety hazard, the City Manager has the authority to require the owner to remove, redesign or screening of the solar panels to the extent necessary to eliminate the glare onto adjacent property or roadway.

(3) Maintenance. The owner of the property with a solar panel system shall maintain the system so that it does not create a safety issue for surrounding property owners.

(4) Removal with disuse. Any solar panel system that has been inactive for a continuous 12-month period shall be removed.

(D) Application requirements. An application for a building permit for installation of solar panel systems must include all information requested on the application including, but not limited to:

(1) Scaled elevation drawings showing the location and height of the solar panel system.

(2) If the solar panel system is to be interconnected with the distribution system of the electric utility provider, written authorization that the public utility company has been informed of the owner's intent to install a customer-owned solar panel and that such connection has been approved.

(3) A letter from a structural engineer or its equivalent, stating the roof will support the structural load of the system.

(E) Additional installation requirements.

(1) The solar photovoltaic (PV) system shall comply with the city's adopted National Electrical Code (NEC) with an electrical diagram submitted for review to meet code compliance.

(2) The solar panel system shall be installed by qualified or certified installers.

(3) A licensed electrician shall install the solar panel electrical system.

(4) PV systems shall comply with NEC regulations regarding installation and use. Listed and labeled equipment shall be installed and used in accordance with any instructions included in the listing and labeling.

(5) All PV systems shall comply with UL standards.

(Ord. O-24-993, passed 2-21-2024)

§ 154.051 SHIPPING CONTAINERS.

(A) Definitions. As used in this section, the following terms shall have the meanings subscribed in interpreting the provisions of this section.

ACTIVE BUILDING PERMIT. An unexpired and unrevoked building permit for which the Building Official has not performed a final inspection.

APPLICANT. An owner, occupant, authorized agent, or contractor or person with control of a property lot.

CITY. The City of Ferris, Texas.

SHIPPING CONTAINER. A six-sided unit originally designed as a general cargo container for the storage and/or shipment of goods by means of boat, train or truck. SHIPPING CONTAINERS are self-contained units which do not have or ever had axels or wheels directly attached to them permanently or temporarily.

(B) Shipping container use.

(1) No person shall store, maintain, or otherwise keep a shipping container on any lot or property without first having obtained a permit issued by the City Manager or his or her designee.

(2) Shipping containers on a temporary or permanent basis for primary or accessory uses are not allowed in residential zoning districts.

(3) Shipping containers shall be permitted on a permanent basis in the “C-C” Corridor Commercial Zoning District if it complies with the following regulations:

(a) Shipping containers must adhere to the building dimensional standards of the "C-C” Corridor Commercial Zoning District, including building setbacks, building heights restrictions, and lot coverage restrictions.

(b) There shall be no minimum or maximum separation requirements for shipping containers from other structures on the same lot of record.

(4) The minimum off-street parking regulations shall be provided in accordance with § 154.070.

(5) Shipping containers must adhere to building design standards.

(6) A building permit must be obtained prior to the installation of a shipping container. Applicants are required to obtain an engineer's letter stating that the shipping container shall be secured, structurally sound, stable, in good repair, and approved for its intended permitted use.

(C) Revocation. Any permit issued under this section may be revoked upon written notice to the applicant if such person is storing, maintaining, or otherwise keeping a shipping container in violation of this section or permit herein issued.

(Ord. O-24-992, passed 2-21-2024)