Garland City Zoning Code
ARTICLE 5
USE REGULATIONS
§ 2.50 Uniformity.
(A)
Use of Land and/or Buildings.
The use of land and buildings must conform to those listed in the following Land Use Matrix. No land or building may be used and no building or structure may be erected, altered, or converted other than for those uses expressly allowed in the zoning district in which it is located.
The legend for interpreting the allowed uses in the Land Use Matrix (Article 5, Division 2 of this Chapter 2) is: | |
P | The land use is allowed by right in the zoning district indicated. |
The land use is prohibited in the zoning district indicated. | |
S | The land use is allowed only upon approval of a Specific Use Provision (SUP) in the zoning district indicated. |
(B)
Unlisted Use.
If a use is not listed (or blank) in the Land Use Matrix, it is prohibited in all zoning districts except as provided in Section 2.50(C).
(C)
Classification of New & Unlisted Uses.
New types of land use may arise in the future, and forms of land use not presently anticipated may seek to locate in the City. In order to provide for new uses, a determination as to the appropriate classification of any new or unlisted form of land use in the Land Use Matrix (Article 5, Division 2 of this Chapter 2) shall be made as follows.
(1)
A new and unlisted use may be interpreted by the Planning Director as similar to a listed use.
(a)
The unlisted use must possess the majority of characteristics of the listed use.
(b)
If the Planning Director determines an unlisted use is substantially similar to a listed use, no amendment of the Land Use Matrix is required.
(2)
A person, City department, the Plan Commission, or the City Council may propose text amendments to zoning regulations to regulate new and previously unlisted uses.
(a)
A person requesting the addition of a new or unlisted use must submit to the Planning Director all information necessary for the classification of the use, including the following:
i.
The nature of the use and whether the use involves dwelling activity, sales, services, or processing;
ii.
The type of product sold or produced under the use;
iii.
Whether the use has enclosed or open storage and the amount and nature of the storage;
iv.
Employment anticipated with the use;
v.
Transportation characteristics of the use;
vi.
The nature and time of occupancy and operation of the premises;
vii.
The off-street parking and loading requirements of the use; and
viii.
The amount of noise, odor, fumes, dust, toxic materials, and vibration likely to be generated by the use;
(b)
The Planning Director shall refer the question concerning any new or unlisted use to the Plan Commission requesting a recommendation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by the statement of facts related to the information listed in Subsection (a) above.
(c)
The Plan Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses allowed in the various districts and determine the zoning district or districts that will allow the use (whether by right or by SUP).
(d)
The Plan Commission shall report its recommendations to the City Council as to the classification proposed for any new or unlisted use.
(e)
The City Council shall consider the recommendation of the Plan Commission and make a determination concerning the classification of such use. If approved, the new or unlisted use shall be amended in the Land Use Matrix according to procedures outlined in Article 2 of this Chapter 2 (that is, following notification and public hearing) for a zoning text amendment.
(Ordinance 6773 adopted 5/19/15)
§ 2.51 The Land Use Matrix.
(A)
The Land Use Matrix is as set forth [at the end of this chapter].[1]
[1]
Said matrix is included as an attachment to this chapter.
(Ordinance 6773 adopted 5/19/15)
§ 2.52 Special Standards for Certain Uses.
(A)
Specific Requirements.
The City has established the following standards for certain land uses that apply to the uses regardless of the zoning district in which they are located, unless otherwise stated within other sections of this GDC. The definitions for each land use listed below are contained within Chapter 6 of this GDC.
(1)
Convenience Stores.
Convenience stores must comply with the following provisions of this Subsection (1):
(a)
A Convenience Store may not offer drive-in, drive-up, drive-through or walk-up sales, or service of pre-packaged, sealed, unopened beverages.
(b)
A Convenience Store must contain a minimum of one thousand square feet of retail space unless it is located in a multi-tenant building in an Urban district.
(c)
For purposes of this Section, the terms “drive-in,” “drive-up,” “drive-through” and “walk-up” do not prohibit the service of food or beverages to customers:
(2)
Youth Day Care Centers and Private Schools (including Kindergartens and Pre-Schools).
Youth Day Care Centers and Private Schools must comply with the development standards of the zoning district and with the following regulations and standards of this Subsection (2):
(a)
State License.
All Day Care Centers and Private Schools must have and maintain a valid State license, if required, for the type of operation.
(b)
Outdoor Play Area.
(i)
All Day Care Centers and Private Schools must provide at least sixty-five square feet of fenced outdoor play space per child, based upon the maximum licensed capacity of the facility. The required outdoor play area may have no perimeter dimension of less than thirty linear feet. However, where the minimum requirements of outdoor play area have been met, any additional space used as a portion of the outdoor play area may be of any dimension. For Day Care Centers or Private Schools that are located within an office building, retail center, or other nonresidential structure, the outdoor play area requirement may be satisfied by providing an equivalent amount of indoor play space (such as a gymnasium or other enclosed area that is conducive to recreational activities).
(ii)
The outdoor or indoor play area must be directly accessed from the main building unless otherwise approved by the Planning Director during the development review process.
(iii)
The outdoor play area, including any additional space in excess of minimum requirements, must be completely enclosed by a minimum five-foot tall fence with at least two exits.
(iv)
The outdoor play area must have large canopy trees at the rate of at least one tree per five hundred square feet of play area, and at least fifty percent of the outdoor play area must be pervious (that is, unpaved), except when otherwise provided for when a Specific Use Provision has been granted or through approval of a request for alternative compliance in accordance with Article 1, Division 2 in Chapter 4 of this GDC.
(v)
At least one active play structure or apparatus (such as a swing-set or slide) must be provided for outdoor play areas.
(vi)
Outdoor play areas are prohibited in required front yards.
(c)
Screening of Outdoor Play Area.
A minimum six-foot high solid fence is required along play areas that are adjacent to residentially zoned property.
(d)
Parking and Loading.
Paved off-street parking must be provided at the ratio shown on the Land Use Matrix, Article 5 of this Chapter 2 unless the facility is located within (or integrated with) an office structure as an accessory use primarily oriented to its tenants and their clients or guests.
(e)
Off-Street Loading Area.
A paved area must be provided for the loading and unloading of children on a pass-through, distinct private driveway, exclusive of any fire lane(s), except when otherwise provided for when a Specific Use Provision has been granted or through approval of a request for alternative compliance in accordance with Article 1, Division 2 in Chapter 4 of this GDC.
(f)
Access/Paving.
Primary access must be from a collector or larger street (not an alley or fire lane). All driveways, entrances, and parking areas must conform to City standard specifications.
(3)
Automotive Uses.
(a)
Motor Fuel Pumps and Canopies.
Motor fuel pumps and canopies must comply with the following provisions and standards of this Subsection (3)(a):
(i)
Motor fuel station pump islands (and their canopy structures) must be set back a minimum of twenty feet to a property line that is adjacent to a public street, and a minimum of fifteen feet to any property line that is not adjacent to a public street or a residential zoning district.
(ii)
Motor fuel pump service areas must be designed with service parking bays and escape lanes as shown in Illustration 2-11 and Illustration 2-12.
(c)
Automotive Service Bays.
Automotive service bays must comply with the stacking requirements provided in Section 4.20 of Chapter 4. Overhead/roll-up service bay doors may not face any public street unless expressly provided below:
(i)
An oil/lube change establishment and an automated car wash bay may have overhead/roll-up service bay doors on opposite sides of the building for drive-through convenience. For a corner lot, only one set of service bay doors (either entrance or exit) may face onto the secondary roadway (for example: along a freeway frontage road or a major arterial one set of doors face onto the perpendicular side street and the other/opposite set of doors must face the interior side yard). For a through lot, or for a lot having three or more sides facing a public street, or for another peculiar circumstance pertaining to how a development site is situated, a request for alternative compliance may be submitted (see Article 1, Division 2 in Chapter 4 of this GDC) for consideration of an alternative placement of doors.
(ii)
Legally nonconforming overhead or roll-up service bay doors in existence as of the effective date of this GDC may remain for their current purpose. However, upon any change of use on the property to any non-automotive use (unless the non-automotive use requires the bay doors for its operation, such as a contractor’s office/warehouse) any overhead or roll-up service door must be permanently closed and removed. The remaining openings must be converted to either fixed-pane windows or solid exterior construction that matches, to the greatest extent practical, the colors and finishes of the building. Alternatives to this requirement may be considered for approval through submission of a request for alternative compliance in accordance with Article 1, Division 2 in Chapter 4 of this GDC.
(d)
Automobile Leasing/Rental.
An automobile leasing or rental establishment may provide for on-site, short-term, incidental storage of automobiles to be rented. However, any on-site storage of inoperable vehicles (or vehicles needing repairs) including motorbikes, motor scooters, and recreational vehicles, is limited to a maximum of three calendar days.
(e)
Automobile Parts Sales, Retail (Indoors).
Indoor Retail Automobile Parts Sales uses may not: (i) store inoperable vehicles or vehicles requiring repair overnight; (ii) conduct on-site repairs of vehicles; (iii) have vehicle repair bays; or (iv) conduct other outside storage activities.
(f)
Automobile Repair, Major.
Major Automobile Repair uses may not conduct any outdoor vehicle or equipment repairs or maintain or store overnight vehicles, parts, equipment, or accessories outdoors, except as follows:
(i)
Vehicles currently being repaired may remain on-site for a maximum of ninety calendar days.
(ii)
All vehicles stored on-site must be kept either in a secured garage bay or in a secured, gated access parking lot enclosed by a blind fence or wall at least six feet high, and enclosing an area of at least 600 square feet per garage bay.
(iii)
A Major Automobile Repair business may not conduct, or market, the on-site sale of motor vehicles. It shall be an affirmative defense to prosecution that the on-site sale, or marketing, of a motor vehicle is the incidental sale of an unclaimed vehicle where the vehicle was brought into the facility for repair but was then abandoned back to the repair facility by the owner of the vehicle.
(iv)
A Major Automobile Repair establishment may keep a maximum of one wrecker on-site for incidental towing.
(g)
Automobile Repair, Minor.
Minor Automobile Repair uses may not conduct any outdoor vehicle or equipment repairs or maintain or store overnight vehicles, parts, equipment, or accessories outdoors, except as follows:
(i)
Vehicles currently being repaired may remain on-site for a maximum of fourteen calendar days.
(ii)
All vehicles stored on-site must be kept either in a secured garage bay or in a secured, gated access parking lot enclosed by a blind fence or wall at least six feet high, and enclosing an area of at least 400 square feet per garage bay.
(iii)
A Minor Automobile Repair establishment may keep a maximum of one wrecker on-site for incidental towing.
Illustration 2-11 Motor Fuel Pump Islands - Two in Each Queue  |
Illustration 2-12 Motor Fuel Pump Islands - Three or more in Each Queue  |
(h)
On-street Parking. On-street parking within public rights-of-way is prohibited for any vehicle associated with Automotive uses. For the purposes of this Section, “associated” means a vehicle that is:
(i)
owned or in the care, custody, or control of the Automotive use business;
(ii)
owned, operated, or in the care, custody or control of a patron, guest, invitee, customer, agent, employee, or owner of the Automotive use business; or
(iii)
owned, operated, or in the care, custody or control of any other person who is participating in commercial activity with an Automotive use business.
(4)
Residential Buildings - Use or Conversion of Existing Building, Dwelling, Industrialized Housing Units.
To protect the residential character of neighborhoods, no building or portion of a building that is designed, constructed, or used as a residence may be converted to a nonresidential use of any type unless it meets the following standards and conditions:
(a)
In a Residential Zoning District.
The proposed use, the residential building being converted to a nonresidential use, and the lot on which the building is located shall conform to all applicable provisions of this GDC, including but not limited to the following:
(i)
Offsite Parking.
To provide for safe and efficient circulation of pedestrian and vehicular traffic in residential neighborhoods, the proposed nonresidential use may have no off-site parking on public streets for employees, volunteers, or guests or patrons attending small gatherings, assemblies, or meetings on the premises. Offsite parking pursuant to a lease or license agreement with the owner of private property located in a nonresidential zoning district and within 150 feet of the premises is permitted. The distance shall be measured from the property line of the premises, along the property lines of street fronts, and diagonally across intersections to the property line of the tract on which off-site parking is being provided.
(ii)
Parking Ratio.
A nonresidential use in a residential building being converted to a nonresidential use must provide off-street parking at a parking load factor of 100 (one parking space for every 100 square feet of habitable living space in the converted residential building). The off-site minimum parking requirements must be met pursuant to a lease or license agreement as authorized above.
(iii)
Occupancy Load.
A nonresidential use in a residential building shall have an occupancy load factor of 100 (one person for every 100 square feet of habitable living space).
(iv)
Hours of Operation. A non-residential use in a residential building may only operate between the hours of 7:00 a.m. and 9:00 p.m.
(v)
Signs.
A nonresidential use in a residential building may not erect or maintain a free-standing sign unless the lot or tract of land on which it is located has a minimum of 200 linear feet of frontage along the street to which the front door of the building is facing.
(vi)
Residency.
No person shall reside, whether on a temporary or permanent basis, or stay overnight within any portion of a building that has been converted to a nonresidential use.
(vii)
Residential Character of Building.
There may be no substantial modifications to the building such that would unduly impair any future re-conversion of the building to a residential use.
(viii)
Minimum Distance from other Residential Buildings.
A nonresidential use in a residential building (or upon the lot or tract of land) located within a residential zoning district shall be no less than 50 feet from any other structure used for residential purposes that are located upon adjoining lots or tracts of land.
(ix)
Approval Letter.
The Building Official may approve the conversion after determining the application is in compliance with this Section 2.52 and all other applicable codes and state law. The Building Official shall issue a letter approving the conversion, approving the conversion with conditions, or denying the conversion.
(x)
Expiration of Approval Letter.
Once the Building Official issues a letter approving the conversion, or approving the conversion with conditions, the applicant shall have 365 calendar days from the date the Building Official sends the approval letter to the applicant to apply for all required site or building permits and commence site or building improvements. The approval letter shall also expire 365 calendar days following the date of the most recent inspection if there has not been substantive progress on the site or building improvements.
(b)
In a Nonresidential Zoning District.
Once the Building Official determines that the proposed conversion is in compliance with all provisions of this GDC and all other applicable codes and state law, the Building Official shall have the authority to issue a Certificate of Occupancy for a nonresidential use in a residential building located within a nonresidential zone.
(c)
In the event the Building Official approves an application for conversion and the applicant completes all work necessary to be in compliance with the approval letter, this GDC, and all other applicable codes and state law, including the payment of all fees, the Building Official shall issue a Certificate of Occupancy, with any reasonable conditions the Building Official determines necessary to carry out the intent of this Section 2.52, for the nonresidential use of a residential building located within a residential zone.
(d)
Appeal to the Board of Adjustment.
In the event the Building Official denies an application for conversion or approves it with conditions, the applicant shall have 30 calendar days to appeal the decision of the Building Official by submitting a written request for appeal to the Building Inspection Department before the close of the 30th calendar day following the date of the approval letter.
(5)
Single-Family Residences or Dwellings in Nonresidential Districts; Temporary Housing; and Miscellaneous Dwellings.
(a)
Unless residential uses are specifically indicated within a district as an allowed use within the Land Use Matrix, Article 5 of this Chapter 2, and unless a residential use is a legally nonconforming use within a district, no nonresidential structure may be used as a dwelling, and no new residential dwellings may be erected within a nonresidential zoning district.
(b)
Any single-family residential dwelling existing in a nonresidential district at the time of the effective date of this GDC, and uses and buildings erected as accessory to a single-family dwelling, may be repaired, altered or added to, including new accessory buildings, the same as if the dwelling were erected in a single-family residential district (see Article 7 in this Chapter 2 for Nonconforming Uses & Structures).
(c)
Recreational vehicles, travel trailers, tents and other forms of portable or temporary housing may not be used for dwelling or guest housing purposes in any district.
(d)
Industrialized Housing Unit Dwellings modules must bear a permanently affixed decal issued by the Texas Department of Labor and Standards which indicates compliance with the standards, rules and regulations established by the Department for industrialized homes.
(e)
Live/Work Dwellings must have a separate entry from a public walkway for the living and working areas, and the residential component must be located above the commercial use or behind the commercial use in relation to the primary entry. The business activity occupying a live/work unit may utilize employees in addition to the residents; however, at least one of the full-time workers of a live/work unit must reside in the unit, and the residential area may not be rented separately from the working area.
(6)
Tattooing/Body Piercing Establishments.
Tattooing/body piercing establishments, when developed as an allowed use, must comply with the development standards of the district and the following regulations and standards of this Subsection (6):
(a)
Location.
Tattooing/body piercing establishments may not be located within five hundred feet of any residence or residential subdivision, church or place of worship, public or private school, public park, public hospital, child care center, senior living facility, or other tattooing/body piercing establishment. The measurement of the distance between the establishment and a residence, church or place of worship, public or private school, park or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections.
(b)
State License.
A tattooing/body piercing establishment, or employee of, or persons providing a regulated service therein, must maintain a valid state license at all times where a license is required by state law.
(c)
Permanent Cosmetics.
The application of permanent cosmetics (as defined in Chapter 6 of this GDC) is allowed as an accessory use in any personal service establishment that is related to personal appearance (such as, hair salons, nail salons, waxing or tanning salons, or spas), subject to the establishment, employees, or persons providing a regulated service therein, having a valid state license at all times, where a license is required by state law.
(7)
Kiosks.
(a)
Kiosks are prohibited within required building setbacks, required parking spaces, easements, fire lanes, drive aisles, and rights-of-way.
(b)
Merchandise and dropped-off materials are prohibited outside of a kiosk structure.
(c)
A maximum of one kiosk is allowed per fifty thousand square feet (or portion thereof) of floor area on a property, and no more than three kiosks may be located within a shopping center site.
(d)
Any type of kiosk that is of “drive-up” or “drive-through” style, as may be allowed in the zoning district where it will be placed (see the Land Use Matrix in Article 5 of this Chapter 2), must have at least two vehicle stacking spaces for queued vehicles.
(e)
Any kiosk designed or intended to be occupied must have a minimum floor area of twenty-five square feet.
(f)
An ATM kiosk may be within the main building, on-site and detached from the main building, or located off-site. ATMs located within, attached to, or incorporated within a bank’s drive-through canopy are considered accessory to the principal bank use.
(8)
Recycling/Used Goods Collection Facilities.
A recycling and reclamation facility, including any recycling/used goods collection point, must comply with all regulations for the district in which it is located and with the following provisions of this Subsection (8):
(a)
General.
All Recycling/Used Goods Collection Facilities (kiosks, collection centers, and salvage yards) must be in compliance with the following provisions:
(i)
facilities must be kept reasonably free from noxious odors, rodents, insects, and refuse;
(ii)
facilities may not be used for the collection of any food or consumable materials, unless expressly approved by SUP;
(iii)
facilities must comply with all local, state and federal regulations pertaining to the collection, storage, and disposal of certain materials (such as metals, wires, HVAC components, chemicals, and hazardous/flammable materials); and
(iv)
items being stored outdoors, where allowed, may not be stacked or stored above the height of the screening device.
(b)
Used Goods and Recycling Collection Points - Kiosks, Containers, and Trailers.
(i)
General.
The following provisions are applicable to all kiosks, containers, and trailers acting as collection points for used goods or recycled materials.
a.
The kiosk, container or trailer may not be placed within any front or street side yard setback, or within any fire lane, easement, or required parking or loading space (applicable to temporary facilities only).
b.
The kiosk, container, or trailer must be serviced/emptied regularly to avoid overfilling and spillage of materials (materials and litter are prohibited outside the kiosk, container or trailer).
c.
The kiosk, container or trailer may not be used for the collection of any hazardous or flammable material.
d.
The kiosk, container, or trailer must be placed in an easily accessed and well-lit area for security and public safety reasons (it can be located in front of the main building if kept in proper repair with a neat and clean appearance).
e.
Kiosks, containers, or trailers governed by this section may be utilized only as a drop-off location. Recycled materials kiosks, containers, or trailers, whether self-service or attended, may not process the collected materials on-site. Used goods kiosks, containers, or trailers may not redistribute donated materials on-site.
(ii)
Kiosks and containers.
The following provisions are applicable to all kiosks and containers acting as collection points for used goods or recycled materials.
a.
A kiosk or container must have a footprint not greater than one hundred and forty square feet. Additionally, the kiosk or container must fit within one non-required parking space.
(iii)
Maintenance and upkeep.
All kiosks, containers, or trailers must keep and maintain the kiosk, container, or trailer as follows:
a.
All contents in the kiosk, container, or trailer must be cleared no less than once per week. No items, materials, litter, or debris shall be allowed to accumulate within twenty feet of the kiosk, container, or trailer. Any items, materials, litter, or debris left outside the kiosk, container, or trailer shall be removed within 24 hours of discovery or notification, whichever occurs first. If a container is damaged or vandalized, it must be repaired or removed within five days of discovery or notification, whichever occurs first.
b.
The visual and structural integrity of the kiosk, container, or trailer must be maintained continuously. Missing or damaged notification signs, peeling paint, rust, and broken collection operating mechanisms shall be repaired within five days of discovery or notification, whichever occurs first.
c.
All items and materials must fit into and be placed inside the kiosk, container, or trailer. The collection or storage of any materials outside the kiosk, container, or trailer is strictly prohibited.
d.
No kiosk, container, or trailer shall be permitted to be placed or remain placed within 200 feet from a residential dwelling such distance to be measured in straight lines.
(c)
Recycling/Used Goods Collection Point - Trailer.
(i)
A trailer used as a collection point must be attended during all hours of business and collection operations unless the trailer is:
(ii)
The trailer may not be positioned upon required parking spaces.
(iii)
The trailer may not be located on the same tract of land as a kiosk or container acting as a collection point for used goods or recycled materials.
(d)
Decals and permits.
(i)
Permit & Decal Required.
All kiosks or containers for the collection of used goods or recycled materials placed or located within the City must secure a permit and affix a decal to the used goods or recycled materials collection kiosk or container in compliance with the provisions of this section. Obtaining the permit shall be a condition precedent to placing or maintaining the kiosk or container.
a.
It shall be unlawful for any person that owns, leases, is in control of, or is entitled to possession of real property within the City to place or authorize, cause, suffer or permit any used goods collection box to be placed on or remain on such real property without a valid permit issued in compliance with the provisions of this subsection.
b.
It shall be unlawful for any person that owns, leases, is in control of, or is entitled to possession of real property within the City to place or authorize, cause, suffer or permit any kiosk or container for the collection of used goods or recycled materials to be placed on or remain on such real property without having a current, valid decal issued in compliance with the provisions of this section affixed to the used goods collection box.
c.
Any person or entity violating the requirements set forth in this Section 2.52(A)(8)(d)(i) shall be subject to the provisions of Chapter 5, Article 2, Division 2.
(ii)
Permit and Decal Issuance.
a.
Requirements.
A permit and decal to allow a kiosk or container for the collection of used goods or recycled materials to be placed and used on designated real property shall be issued by the Building Official after inspection and verification that the following conditions are satisfied:
1.
The person, if other than a natural person, receiving the permit and decal to place or maintain a kiosk or container is registered to operate in the State.
2.
The real property owner provides signed, written authorization allowing the kiosk or container on the property.
3.
The permit holder agrees to be responsible for collecting the contents of the kiosk or container in order to prevent overflow and littering.
4.
No more than one kiosk or container will be permitted for placement on any one lot. In the case of a shopping center or office development that consists of multiple platted lots, the Building Official shall treat the shopping center or office development as if it is only one contiguous lot.
5.
The kiosk or container will not exceed 50 square feet in size at any vertical point.
6.
The kiosk or container will be located on a paved surface.
7.
The placement of the kiosk or container will not impede traffic nor visually impair any motor vehicle operation.
8.
The kiosk or container will not be located in a required building setback, buffer yard, utility, access, drainage or other public easement, a floodplain, a driveway or fire lane.
9.
At least one stacking or parking space will be located immediately adjacent to the kiosk or container for the persons using the kiosk or container.
10.
The kiosk or container will not block or occupy any number of required parking spaces.
11.
The kiosk or container will have, clearly indicated in writing on the side of each box, that all used goods or recycled materials left at the location must fit into and be placed entirely within the kiosk or container. The writing shall be a minimum of two inches high.
12.
The current permit decal for the specific kiosk or container must be affixed and displayed at all times on the outside of the kiosk or container.
b.
Applications for Permits.
Applicants for permits under this section shall file a written application with the Building Official. Along with the completed application the applicant shall include:
1.
The written authorization of the property owner allowing the used goods collection box on the property;
2.
Elevations showing the appearance, materials, and dimensions of the used goods collection box, including the information required in this to be placed on the used goods collection box;
3.
A maintenance plan (including graffiti removal, pick-up schedule, and litter and trash removal on and around the used goods collection box);
4.
The fee, if any; and
5.
A site plan containing:
i.
The location and dimensions of all parcel boundaries;
ii.
The location of all buildings on the site of the property on which the used goods collection box is proposed to be located;
iii.
The proposed location of the used goods collection box;
iv.
The distance between the proposed used goods collection box and parcel lines and buildings; and
v.
The location and dimensions of all existing and proposed driveways, garages, carports, parking spaces, maneuvering aisles, pavement, and striping/marking.
c.
Permit Non-Transferable.
Permits and decals are non-transferable. The authority a permit confers shall be conferred only on the permit holder named therein.
(iii)
Maintenance and upkeep.
The permit holder and the property owner shall be jointly and severally liable and responsible for the maintenance, upkeep, and servicing of the kiosk or container set forth in Section 2.52(A)(8)(b)(iii), above.
(iv)
Revocation of Permit.
a.
Any permit issued hereunder may be revoked by the Building Official if the permit holder has received two or more notices of violation for violations of this Section or any provision of the GDC or the Garland Code of Ordinances within a 12 month time period or has knowingly made a false statement in the application or otherwise becomes disqualified for the issuance of a permit under the terms of this section.
b.
Notice of the revocation shall be given to the permit holder in writing, with the reasons for the revocation specified in the notice, served either by personal service or certified United States mail to their last known address. The revocation shall become effective five days following personal service or, if mailed, ten days from the date of mailing.
c.
The permit holder shall have ten days from the date of such revocation in which to file notice with the Building Official of an appeal from the order revoking the permit. The Building Official shall provide for a hearing on the appeal not later than 15 days after notice of the appeal is filed.
d.
The timely filing of an appeal of a revocation pursuant to this section shall stay the revocation until the Building Official’s decision on the appeal.
e.
If the revocation is upheld following a hearing, the permit holder shall remove the kiosk, container, or trailer no later than five days after the final decision.
f.
If a permit is denied or revoked by the Building Official, no second or additional permit shall be issued to the person who held the permit, nor to any affiliated person, within one year of the date such permit was denied or revoked.
(v)
Location.
Used goods and recycling kiosks, containers, and trailers are permitted only in the locations indicated in the Land Use Matrix. Used goods collection boxes are not permitted within any other zoning districts.
(e)
Recycling Collection Centers.
(i)
Recycling collection centers must be attended during all hours of business or collection;
(ii)
Processing of materials at a Recycling Collection Center is limited to the indoor weighing, sorting, flattening, crushing, shredding, bundling, and palletizing materials for shipment essentially by hand or by machine, and does not include smelting, melting, refining, or other conversion back to a “raw material” state;
(iii)
All of a recycling collection center’s processing operations (such as, crushing, bundling, or palletizing) must be fully enclosed within a building (no outside storage is allowed);
(iv)
Outside storage of a recycling collection center’s materials is not permitted; and
(v)
Recycling collection centers must have an on-site vehicle circulation plan. The plan must be designed and operated so that all truck and other vehicle traffic associated with the recycling center is accommodated on-site and does not interfere with the traffic lanes on the adjacent street.
(f)
Recycling Salvage Yards.
Recycling salvage yards must comply with the following provisions:
(i)
The recycling salvage yard must be attended during all hours of business or collection;
(ii)
Processing of materials may include weighing, sorting, flattening, crushing, shredding, bundling, and palletizing materials for shipment by hand or by machine, and may also include smelting, melting, refining, or other conversion back to a “raw material” state.
(iii)
All processing operations (such as, crushing, bundling, or palletizing) must occur within a building or within an outside storage yard;
(iv)
Outside storage of materials are permitted only where provided for in the Land Use Matrix in Article 5 of this Chapter 2 for applicable zoning district, where located behind the main building, where in compliance with the special standards in Section 2.52(A)(14)(c), and where screened from all public streets and from neighboring properties in accordance with Chapter 4, Article 3 with a fully opaque, minimum eight-foot tall masonry screening wall, as applicable (unless another form of screening is approved with the initial development application); and
(v)
Recycling salvage yards must have an on-site vehicle circulation plan. The plan must be designed and operated so that all truck and other vehicle traffic associated with the recycling salvage yard is accommodated on-site and does not interfere with the traffic lanes on the adjacent street.
(9)
Pet Care/Play Facilities.
The outdoor play/exercise areas of all types of Pet Care/Play facilities (including dog parks) must be maintained in a clean, odor-free and waste-free condition, and may not be used after 10:00 p.m. if the facility is within one thousand feet of a residential district.
(10)
Transportation Depots.
Transportation depots must comply with the following provisions of this Subsection (10):
(a)
Locational Requirements.
A Passenger Transportation Depot may not be located closer than five hundred feet to a single-family or two-family residential use or a single- or two-family residential zoning district, as measured from the depot’s property line.
(b)
Parking.
In addition to the parking requirement shown on the Land Use Matrix in Article 5 of this Chapter 2, adequate paved parking must be provided on-site to accommodate all buses present on the site at any given time. Buses are prohibited from parking in any right-of-way, easement, fire lane, driveway, traffic circulation aisle or required parking space, or on any neighboring property. Overnight parking of passengers’ vehicles is allowed provided that each vehicle is parked on-site in a properly marked parking space and not in a street or on another property.
(c)
Idling Buses.
To reduce noise and potentially harmful fumes, buses are prohibited from idling with the engine running for a period longer than one-half hour.
(d)
Ticket Office and Lobby.
Passenger Transportation Depots must have an attended passenger lobby equipped with adequate seating to accommodate a minimum of fifty percent of the average capacity of a standard bus, and adequate restroom facilities for travelers. The facility must also be attended at all times when buses and trains are scheduled to arrive and depart and must comply with all design and development provisions set forth in this GDC unless the establishment is a legally nonconforming use on the effective date of this GDC.
(11)
Hotels/Motels and Transient Lodging.
All types of transient lodging, including Full Service Hotels and Motels, Extended Stay Hotels and Motels, and Limited Service Hotels and Motels must comply with the following minimum required standards and regulations in this Subsection (11):
(a)
General: Hotels and Motels (other than Bed and Breakfast).
A Hotel or Motel (other than a Bed and Breakfast) must comply with the following provisions:
(i)
All guest rooms must have access from only an interior hallway, which is accessible from a central lobby area contained within the building, except first floor units, which may have direct access from an interior courtyard or swimming pool area instead of, or in addition to, hallway access.
(ii)
A porte-cochere or covered valet area must be provided immediately adjacent to the lobby entrance and registration desk. The porte-cochere or covered area must be sufficient to accommodate the temporary parking of at least two vehicles parked side-by-side for guests checking in and out.
(iii)
All entrances and exits of any incidental business within a Hotel or Motel must be from the inside of the principal hotel building.
(iv)
A fitness center and a pantry (small sundries shop) must be provided.
(b)
Bed and Breakfast.
A Bed and Breakfast must comply with the following provisions:
(i)
Accommodations/Operations.
a.
A maximum of ten guest rooms (exclusive of the living quarters of the owner or operator) are allowed.
b.
Kitchens are prohibited in rooms (including no ovens, burners, or full-size refrigerators). Microwaves and under-counter refrigerators are permitted in rooms.
c.
A Bed and Breakfast may include kitchen and dining facilities to furnish meals for guests, but may not include other uses unless permitted by the zoning district.
d.
The maximum length of stay for guests may not exceed fourteen calendar days.
(ii)
Building Elements.
Bed and Breakfast buildings must be designed in compliance with the requirements of the zoning district within which the building is located, as provided in Chapter 4, Article 6 of this GDC. In addition, all facades must be designed with architectural style and building materials consistent with the front facade, and a minimum of four elements from the following list must be incorporated into all Bed and Breakfast buildings (a Bed and Breakfast operating in a residential house is exempt from this Subsection):
(iii)
Parking (see Land Use Matrix in Article 5 of this Chapter 2).
a.
All overnight parking must be in designated parking spaces.
b.
Other than driveways and sidewalks, the front yard (from the area between the front of the building and the street) may not be paved.
c.
All parking areas on the property (except driveways) must be behind the front, side, and rear building lines.
d.
Tandem parking is permitted.
e.
Stacked parking is permitted in driveways for a maximum of four vehicles.
(iv)
Landscaping.
Landscaping must contribute to the residential setting of the establishment. Benches, plantings, fountains, and other private outdoor leisure areas should be encouraged and some of these elements must be incorporated into the facility’s design.
(v)
Signage.
Signage is limited to six square feet, either monument style or attached to a building or mailbox, be non-illuminated, and display only the name and phone number of the Bed and Breakfast. No additional outdoor advertising is allowed.
(c)
Full Service Hotel/Motel.
In addition to the provisions of Section 2.52(A)(11)(a) of this GDC, Full Service Hotels and Motels must comply with the following provisions:
(i)
Design Standards.
A Full-Service Hotel or Motel must have a minimum of one hundred guest rooms.
(ii)
Interior Design Standards.
a.
Each guest room must have a minimum area of two hundred and seventy-five square feet, including sleeping area, bathroom, and closet space.
b.
Kitchens are prohibited in guest rooms (including no ovens, burners, or full-size refrigerators). Microwaves and under-counter refrigerators are permitted in guest rooms.
c.
Full-Service Hotels and Motels must provide full-service facilities and amenities including (but not limited to) an on-site full service restaurant with table service, wait staff, seating for at least thirty customers, and a full menu with on-site food preparation. Full-Service Hotels and Motels must provide an indoor or outdoor swimming pool with at least eight hundred square feet of water surface area, and must also provide at least four thousand square feet of meeting or conference rooms. Individual guest rooms may not be counted as meeting rooms.
(d)
Extended Stay Hotel/Motel.
In addition to the provisions of Section 2.52(A)(11)(a) of this GDC, Extended Stay Hotels and Motels must comply with the following provisions:
(i)
Building Design Standards.
Extended Stay Hotels and Motels must have one hundred or more guest rooms.
(ii)
Interior Design Standards.
a.
Each guest room must have a minimum area of three hundred square feet, including sleeping area, kitchen, bathroom, and closet space.
b.
Kitchenettes are permitted in guest rooms.
c.
A fitness center must be provided.
d.
Extended Stay Hotels and Motels must provide an indoor or outdoor swimming pool with a minimum eight hundred square feet of water surface area. Extended Stay Hotels and Motels must also provide at least seven hundred square feet of meeting or conference rooms. Individual guest rooms may not be counted as meeting rooms.
(e)
Limited Service Hotel/Motel.
In addition to the provisions of Section 2.52(A)(11)(a) of this GDC, Limited Service Hotels and Motels must comply with the following provisions:
(i)
Design Standards.
A Limited Service Hotel or Motel must have a minimum of seventy-five guest rooms.
(ii)
Interior Design Standards.
a.
Each guest room must have a minimum area of two hundred and seventy-five square feet, including sleeping area, bathroom, and closet space.
b.
A fitness center must be provided.
c.
Kitchens are prohibited in guest rooms (including ovens, burners, or full-size refrigerators). Microwaves and under-counter refrigerators are permitted in guest rooms.
d.
A common leisure area must be provided for guests with at least one thousand square feet of floor area.
e.
Limited Service Hotels and Motels must provide an indoor or outdoor swimming pool with at least eight hundred square feet of water surface area. Limited Service Hotels and Motels must also provide at least seven hundred square feet of meeting or conference rooms. Individual guest rooms may not be counted as meeting rooms.
(12)
Elder Care Living Facilities.
Elder care living facilities, of any type, must comply with the following provisions of this Subsection (12):
(a)
Elder Care - Assisted Living facilities.
(i)
Elder Care - Assisted Living facilities may provide a limited number of support services such as meals, laundry, housekeeping, transportation, social/recreational activities, and hairdressing, may be provided or associated with the facility.
(ii)
Units may be attached or detached, single- or double-occupancy, and may include limited or full kitchen facilities.
(iii)
Full-time medical or nursing care may not be provided by an Elder Care - Assisted Living facility, but may be privately arranged for by individual residents on a part-time or temporary basis (such as, visiting nurses or health care attendants).
(b)
Elder Care - Continuing Care facilities.
(i)
Elder Care - Continuing Care facilities may provide support services such as meals, laundry, housekeeping, transportation, social/recreational activities, hairdressing.
(ii)
Units may be attached or detached, single- or double-occupancy, and may include limited or full kitchen facilities.
(iii)
Full-time medical or nursing care may be provided by the facility.
(c)
Elder Care - Independent Living facilities.
(i)
Elder Care - Independent Living facilities may provide a limited number of support services such as meals, laundry, housekeeping, transportation, social/recreational activities, and hairdressing.
(ii)
Units may be attached or detached, single- or double-occupancy, and may include limited or full kitchen facilities.
(iii)
Full-time medical or nursing care may not be provided by an Elder Care - Independent Living facility, but may be privately arranged for by individual residents on a part-time or temporary basis (such as, visiting nurses or health care attendants).
(d)
Elder Care - Nursing/Convalescent Care facilities.
(i)
Elder Care - Nursing/Convalescent Care facilities may provide a limited number of support services such as meals, laundry, housekeeping, transportation, social/recreational activities, and hairdressing.
(ii)
Units may be attached or detached, single- or double-occupancy, and may include limited kitchen facilities.
(iii)
Full-time medical or nursing care must be provided by an Elder Care - Nursing/Convalescent Care facility.
(iv)
An Elder Care - Nursing/Convalescent Care facility must include an institutional-scale hospice facility (that is, a facility that, due to the number of residents accommodated or other licensing requirements, operates in a facility that is not a residence).
(e)
Site Design.
(i)
Density.
a.
In addition to the provisions of Section 2.52(A)(11)(a) of this GDC, Assisted Living, Independent Living and Continuing Care facilities shall have a maximum density, as follows:
b.
There is no maximum density established for Nursing/ Convalescent Care facilities, unless otherwise provided in the governing ordinance for a PD district (if applicable).
(ii)
Building Design.
a.
Maximum Height.
The maximum height of an Elder Care living facility is governed by the regulations of the zoning district in which the facility is located.
(iii)
Site Facilities.
a.
Unit Size and Mix.
i.
Nursing Convalescent Care:
There is no minimum unit size for nursing convalescent care facilities.
ii.
Assisted Living Facility:
Dwelling units of assisted living facilities must be a minimum of two hundred square feet.
iii.
Independent Living Facility:
The average minimum dwelling unit size for independent living facilities is six hundred square feet. One-bedroom units must have a minimum dwelling unit size of four hundred seventy-five square feet. Two-bedroom units must have a minimum dwelling unit size of seven hundred twenty-five square feet. No dwelling unit may contain more than two bedrooms.
b.
Common Areas.
Indoor common or recreational areas must be provided at a ratio of at least one hundred square feet of gross floor area per dwelling unit. Examples of common areas are: common living and sitting rooms, dining rooms, libraries, game rooms, exercise rooms, dance floors, arts and crafts rooms, music rooms, and other age appropriate indoor recreational facilities.
(iv)
Building Placement.
a.
Buildings within an Assisted Living or an Independent Living facility must be a minimum of twenty feet apart.
b.
No building, or any part thereof, of an Elder Care living facility may be placed less than thirty feet from the right-of-way of any public street.
c.
No building, or any part thereof, of an Elder Care living facility may be placed less than:
i.
Fifteen feet from rear and side property lines (ten feet if the setback area is landscaped and where approved by the Plan Commission).
ii.
Single-story buildings not exceeding thirty feet in height, must be set back a minimum of fifty feet from the property line of an abutting residential district (forty feet if the area is landscaped with additional landscaping and where approved by the Plan Commission).
d.
All other buildings and those buildings exceeding thirty feet in height, and that abut a residential district, must be set back from the residential district line a minimum of 1.25 times the height of the highest point on the building above grade.
(v)
Parking and Circulation.
a.
A minimum of fifty percent of the required parking spaces for an independent senior living facility must be contained in either an enclosed garage or a multi-car covered parking structure. Detached covered parking must function unobtrusively and be compatible with the main buildings of the facility in regard to design, style, and color. Detached covered parking structures, if used, must be located near the building served. A detached covered parking structure may not accommodate more than ten parking spaces or be located closer than twenty feet to another parking structure.
(f)
Screening and Landscaping.
(i)
A minimum of forty percent of the gross platted area of the site of a senior living facility must be devoted to landscaping, open space areas, pools, and similar outdoor recreational activity areas. This requirement does not apply within the UR or UB District.
(ii)
Perimeter fencing and landscaping is required along property lines and access points to a senior living facility. Perimeter fencing must have a minimum height of six feet and be constructed of masonry or ornamental metal with masonry columns with a maximum of fifty-foot centers. Perimeter fencing is not required within the UR or UB District. Landscaping must be provided in compliance with Article 3 in Chapter 4 of this GDC, except that the fence height must be six feet (instead of five feet). Allowed fencing materials includes masonry and ornamental metal, but excludes chain-link.
(g)
Signage.
(i)
Signage for a senior living facility must comply with the regulations applicable to the Multifamily (MF) zoning district, pursuant to Article 5 in Chapter 4 of this GDC.
(ii)
Attached signs may have a maximum total sign area of one-half times the width of the building, but no more than thirty-five square feet. Attached signs may be located only on the building containing the management office for the facility.
(h)
Support Services and Accessory Uses.
(i)
In addition to dwelling units for occupants of the facility, a senior living facility may include special facilities and services for its residents such as cafeterias, dining rooms, housekeeping services, laundry services, transportation services, libraries, game rooms, exercise rooms, dance floors, arts and crafts rooms, swimming pools, greenhouses, and other recreational facilities.
(ii)
The following uses are permitted within an assisted living facility or independent senior living facility to provide on-site goods and services for the use and benefit of residents of the facility. The following are intended as accessory and secondary uses only, and for the exclusive use of facility residents, their guests, and facility staff:
a.
Medical office;
b.
Massage therapy;
c.
Drug store/pharmacy;
d.
Optical dispensary;
e.
Limited restaurant;
f.
Retail sales/personal service;
g.
Financial institutions;
h.
Church/religious facilities; and
i.
Adult day care facility.
The total floor area occupied by the above-listed uses may comprise a maximum of ten percent of the total floor area contained within the senior living facility. Signage for the above-listed accessory uses is limited to attached signs visible from within the premises only, with a maximum area of fifteen square feet. |
(13)
Adult Day Care Facilities.
Adult day care facilities must comply with the following provisions of this Subsection (13):
(a)
Drop-Off.
Facilities must provide a covered on-site drop-off area for clients, exclusive of fire lane(s), except when otherwise provided for where a Specific Use Provision has been granted, or through approval of a request for alternative compliance in accordance with Article 1, Division 2 in Chapter 4 of this GDC.
(b)
Outdoor Leisure Area.
Facilities must provide a fenced outdoor leisure area.
(14)
Outside Display, Storage, and Retail Sales.
Outside display, storage, and retail sales must comply with the following provisions of this Subsection (14):
(a)
Seasonal Sales.
Seasonal sales must comply with the temporary commercial activity permit requirements provided in Article VIII, Chapter 30 of the City Code.
(b)
Outside Display.
Where permitted, temporary outside display and outside storage of merchandise must:
(i)
Not be located more than five feet from the main building’s exterior wall nor on top of any structure.
(ii)
Not occupy any required parking spaces.
(iii)
Not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site.
(iv)
Not extend over five feet in height, nor into a public right-of-way, over any public easement, or onto adjacent property.
(v)
Be displayed in a neat, orderly manner, and the display area must be maintained in a clean, litter-free manner.
(vi)
Not be displayed for more than five days in a given calendar month.
(c)
Outside Storage.
(i)
Where permitted, outside storage must:
a.
Not be located between the front of the building and the street, nor on top of any structure, nor stacked higher than the building or device that screens the stored materials, and
b.
Be screened (that is, cannot be visible from any public street or adjacent property) at a minimum height of six feet by one or a combination of the methods provided in Chapter 4, Article 3 of this GDC.
(ii)
Temporary Portable Storage Containers.
Temporary portable storage containers:
a.
Are permitted without a permit, on a short-term basis (see Subsection f. below) in any zoning district;
b.
May not be located in front of the main building(s), except as provided for a residence in Subsection f. below;
c.
May not be located within any required front, side, or rear yard setback (except as provided for a residence in Subsection f. below), or within any fire lane, easement, or right-of-way;
d.
May not occupy any required vehicular parking (except as provided for a residence in Subsection f. below), stacking, loading, or maneuvering space;
e.
Must be completely screened from view of public streets (either by a building or by a screening device), except as provided for a residence in Subsection f. below;
f.
May not remain on-site for longer than fourteen calendar days. For a storage unit that is needed to temporarily store or secure construction materials at a City-permitted construction site, or to temporarily store or secure personal residential possessions while moving, or during house remodeling, the fourteen calendar day time period may be extended for the duration of the construction, or the moving, or house remodeling, provided: (i) a permit for the temporary portable storage container is first issued by the City; (ii) the Building Permit for the construction site remains valid (if applicable); and (iii) that the temporary storage unit is immediately removed from the premises upon completion of construction, moving, or house remodeling, as applicable;
g.
Are limited to the placement of a maximum of two temporary portable storage containers on a single lot, tract, or parcel (unless the temporary storage units are needed for a City-permitted construction site, in which case the Building Official may approve and permit more than two units;
h.
May not exceed twenty feet in length, eight feet in width, or eight feet in height (a container of larger size in one or more of these dimensions is defined as a “shipping container”);
i.
May not be illuminated in any way;
j.
May not be used for any use other than the storage of personal materials or goods (that is, no business or commercial operations except as provided for under this Subsection); and
k.
Are limited to the placement of a maximum of one temporary portable storage container for a single- or two-family residence, on a short-term basis only in compliance with Subsection f. above, during home construction, moving, or house remodeling. A temporary storage unit may be placed in the driveway of a residence (with no screening required) and within the front, side, or rear setback (as applicable to driveway location), but may not encroach into any fire lane, easement, adjacent property, or right-of-way.
(15)
Shipping Containers.
Shipping containers must comply with the following provisions of this Subsection (15):
(a)
Shipping containers may not be used or stored within one hundred feet of a residential zoning district (except for a nonresidential use only, such as a school, day care, or church, in a residential district, on a short-term basis, and subject to the requirements of Section 2.52(A)(14)(c)(ii)(d, j and k), unless expressly permitted below); and
(b)
The dimensions of a shipping container may not exceed any of the following dimensions: forty linear feet in length, nine linear feet in width, or nine linear feet in height.
(c)
Shipping containers may be used for the temporary storage of goods to be sold at retail only where a permit has been issued under the provisions of this Section authorizing that use. A permit may not be issued for a refrigerated, open top, “flat rack” or bulk liquid, or other container that is not fully enclosed on six sides.
(d)
The Building Official may issue a permit authorizing the use of a shipping container for the temporary storage of goods to be sold at a retail establishment subject to the following requirements:
(i)
A shipping container may not be located:
a.
nearer to a street than the front of the building to which the shipping container is an accessory;
b.
adjacent to a street designated as a major thoroughfare by the Major Thoroughfare Plan;
c.
within fifty feet of the property line of an adjacent property; or
d.
nearer than ten feet to the building to which the shipping container is an accessory.
Permitted shipping container must comply with all setback regulations of the zoning district in which the shipping container is located. In the event of a conflict between the setback specified by the zoning ordinance and a setback specified by this Section, the more restrictive shall apply. |
(ii)
A shipping container must be screened from the view of an adjacent street or residential property by one of the following: (i) a solid fence, a minimum of six feet in height; (ii) a living screen of evergreen shrubs, a minimum of six feet in height.
(iii)
The total area of shipping containers authorized under a permit may not exceed ten percent of the area of the building to which the shipping containers are an accessory. No more than fifteen shipping containers are permitted. Shipping containers may not be stacked.
(e)
No more than one permit may be issued to an applicant in any calendar year for the same site. A permit expires after ninety calendar days. The applicant for a permit under this Section must submit the following information along with the application for a permit:
(i)
The area of the building (in square feet) to which the shipping container is an accessory;
(ii)
A site plan depicting the proposed location(s) of the shipping container(s), the setback and other distances as specified by Subsection (d) of this Section, the location and type of screening to be used, and the number and dimensions of the shipping container(s); and
(iii)
The proposed date for the commencement of the permit period and the date of expiration of the most recent permit, if any, issued to the applicant under this Section.
(16)
Self-Storage Facilities.
Self-Storage Facilities must comply with the following provisions of this Subsection (16):
(a)
Security.
Self-Storage Facilities must have either management personnel living on the premises at all times or continuous video surveillance of all indoor and outdoor common areas of the premises, a minimum eight-foot tall perimeter security fencing (except as allowed in Subsection (b) below), and controlled access gates. All required electronic security features must be present and operational at all times and have the capability of storing images for a minimum of 14 days.
(b)
Side and Rear Yard Setbacks.
The applicable setbacks for the zoning district in which a Self-Storage Facility is located apply except that exterior solid walls of storage unit buildings may: (i) serve as the required perimeter screening (per Article 3 of Chapter 4 of this GDC); (ii) encroach into side and rear yard setbacks; and (iii) may be placed on the property line(s) provided that:
(i)
the exterior walls comply with the Building Code with respect to distance from adjacent structures and property lines;
(ii)
no roof overhangs or encroaches upon an adjacent property;
(iii)
no signage is placed on exterior walls;
(iv)
spaces between buildings where no driveway exists are fenced with ornamental iron fencing with evergreen shrubs; and
(v)
property line(s) are not adjacent to a residential zoning district.
(c)
Special Vehicle, Recreational Vehicle and Boat Storage.
Storage of special vehicles, recreational vehicles, or boats: (i) must be in a designated area; (ii) may not occupy any required parking spaces; and (iii) are only allowed with approval of an SUP and accompanying Site Plan.
(17)
Landscape Nursery/Tree Farm.
A commercial Landscape Nursery/Tree Farm may use compacted and stabilized road-base gravel or asphalt for all drive aisles in the plant-growing and display areas of the site if a request for alternative compliance is submitted, and subsequently approved, in accordance with Article 1, Division 2 in Chapter 4 of this GDC. The main entry drive aisle, all customer parking areas at the sales center or retail building, and all required fire lanes must be paved in accordance with the City’s paving standards.
(18)
Bulk Materials Sales and Storage.
Bulk Materials Sales and Storage must meet all standards of outside storage as provided in Section 2.52(A)14.
(19)
Temporary Building/Office.
(20)
Reception Facility, Large Scale.
A reception facility, large scale must comply with the following provisions of this Subsection (20):
(a)
Time Period.
An SUP for a reception facility is valid for the time period specified in the SUP ordinance.
(b)
Security.
The reception facility must provide security at every event where alcoholic beverages are provided or served, and also for any events occurring after 6:00 p.m. Security must be by a qualified person(s) who is authorized to provide private security under Chapter 1702 of the Texas Occupations Code.
(c)
Loitering, Outside Activities.
Prolonged congregating or loitering of event attendees or participants outside the reception facility is prohibited. Outside activities, if any, must be in compliance with the City’s noise regulations as set forth in the City Code.
(d)
Noise Mitigation.
The applicant must add noise mitigation materials to the existing building if determined necessary by the City to protect surrounding properties and the public health, safety, and welfare.
(e)
Litter & Debris.
Any litter or debris left on the premises must be removed immediately following the event. The owner of the facility is responsible for removal of all litter and debris.
(f)
Location.
Reception Facilities may not be located within five hundred feet of the property line of any dwelling unit or residential subdivision, elder care facility, or other Reception Facilities. The measurement of the distance between the establishment and a dwelling unit, elder care facility, or other Reception Facility shall be:
(i)
for residential property, along a direct line from any exterior wall of the Reception Facility to the nearest point on the property line of the nearest residential zoned property;
(ii)
for an MF dwelling not located on the same tract of land as the Reception Facility, along a direct line from any exterior wall of the Reception Facility to the nearest point on the property line of the tract on which the MF dwelling is located;
(iii)
for an elder care facility or other Reception Facility not located on the same tract of land as the establishment, along a direct line from the nearest exterior wall of the Reception Facility to the nearest exterior wall of the elder care facility or other Reception Facility; or
(iv)
for an elder care facility or other Reception Facility located on the same tract of land or in a commercial or retail center sharing a common parking area, the measurement shall be along a straight line from the midpoint of the nearest exterior door of the Reception Facility to the midpoint of the nearest exterior wall of the dwelling unit, elder care facility, or other Reception Facility in question.
(g)
For reception facilities located within a building containing other tenants, the measurement shall be from the nearest outer wall of the Reception Facility’s leasehold space.
(h)
A Reception Facility may not be located on the same tract as any multifamily dwelling or elder care facility.
(i)
The specific requirements listed in this subsection do not apply to a Reception Facility, Small Scale.
(21)
Gas or Petroleum Drilling or Pipeline.
Any gas- or petroleum-related use or activity must comply with all state and federal guidelines (including, but not limited to, drilling, pipelines and conveyance methods). The applicant must also submit a technical opinion and report prepared by a qualified licensed engineer. The report must accurately describe and analyze the property intended for the proposed gas- or petroleum-related use or activity, and provide an analysis addressing the appropriateness of the location of the proposed activity, which must include safety procedures and safeguards that will be utilized to adequately protect the public health, safety and welfare. The applicant must also submit drilling and construction design standards based on the technical report and current best practices in the region. In no case may a gas- or petroleum-related use or facility be within one thousand, five hundred feet of any existing residential use or a residential zoning district.
(22)
Vending Machine, Exterior.
Vending machines that are located outside of the main building must:
(a)
Be placed in a well-lighted location that is within five feet of the outside wall of the main building, and is also within twenty feet of the main entrance to the building;
(b)
Be placed on a sidewalk that has sufficient width so that at least four feet of the sidewalk’s width remains unobstructed; and
(c)
Not exceed two vending machines per premises.
(23)
Building/Garden Materials Sales and Storage.
A Building/Garden Materials Sales and Storage establishment must comply with the following provisions of this Subsection (23):
(a)
The outside display and storage of new or unused materials for sale is allowed up to a maximum of fifty percent of the total enclosed building square footage, provided that the outside display and storage is screened in accordance with Section 2.52(A)(14) in this Chapter 2, and with Section 4.43 in Chapter 4 of this GDC, as applicable.
(24)
Contractor’s Office/Storage Yard.
A Contractor’s Office/Storage Yard must comply with the following provisions of this Subsection (24):
(a)
The outside display and storage of usable materials normally associated with the business (not unrelated scrap, junk, or trash) is allowed up to fifty percent of the total enclosed building square footage, provided that the outside display and storage is screened in accordance with Section 2.52(A)(14) in this Chapter 2, and with Section 4.43 in Chapter 4 of this GDC, as applicable.
(25)
Contractor’s Office/Warehouse.
Outside display or storage is a prohibited use for a Contractor’s Office/Warehouse.
(26)
Batching Plant.
A Batching Plant may sell concrete or asphalt produced on the premises on contract in bulk or by the truck load as a secondary use. The outside storage of materials is included as an allowed use of a Batching Plant.
(27)
Equipment Leasing/Rental, Outdoor.
An Equipment Leasing/Rental establishment must comply with the following provisions of this Subsection (27):
(a)
The outside display and storage of usable materials normally associated with the rental business (not unrelated scrap, junk, or trash) is allowed up to fifty percent of the total enclosed building square footage, provided that the outside display and storage is screened in accordance with Section 2.52(A)(14) in this Chapter 2, and with Section 4.43 in Chapter 4 of this GDC, as applicable.
(28)
Commercial Blood, Plasma, Tissue, and Cell Collection Center.
A Commercial Blood, Plasma, Tissue, and Cell Collection Center may not operate within:
(29)
Church, or Place of Worship.
Any religious accessory activities and services (including, but not limited to, meal service, charitable food and goods distribution, recreational and entertainment functions, retail sales, and residential quarters) must be oriented toward the primary nonprofit mission of the establishment and may not be for profit. Residential uses are limited to a rectory or parsonage residence for ministers, priests, nuns, or rabbis on the premises, which may not be sold or rented out to any entity who is not directly employed by the establishment, and that are allowed as an accessory use or structure on the same premises. Bible study and other similar activities which occur in a person’s primary residence do not fall under the definition of Church or Place of Worship.
(30)
Distribution Centers, Large and Small.
With the exception of parking areas, loading docks and outside scales (if provided), all large or small distribution center activities must take place entirely within an enclosed building. Outside display or outside storage is prohibited, unless such is allowed (by right or by SUP) and approved in the zoning district wherein the business is located.
(31)
Industrial or Manufacturing, Heavy and Light.
Heavy or light Industrial or manufacturing uses must conduct all activities, except the loading or unloading of material, within a fully enclosed building. Heavy or light Industrial or manufacturing uses may not process or store consumable products (see definitions for Food Processing and Storage and Animal Feed Processing and Storage in Chapter 6 of this GDC), or of any type of leather or allied products (see definition for Leather and Allied Products Manufacturing in Chapter 6 of this GDC). Light industrial or manufacturing uses may not emit dust, odor, smoke, gas, fumes, or vibrations beyond the property’s boundary, nor produce noise above the ambient noise level of the surrounding area or is in violation of other code, law or ordinance
(32)
Flea Market, Indoor and Outdoor.
Flea Markets, whether indoor or outdoor, may sell merchandise such as new and used household goods, personal effects, tools, artwork, plants, pets, furniture, and similar items in small quantities. However, Flea Markets, whether indoor or outdoor, are prohibited from selling any car, truck, recreational vehicle, boat, trailer, truck, motorcycle, all-terrain vehicle, personal watercraft, or other automotive or motorized vehicle. Individual vendors of Flea Markets are not required to obtain a Certificate of Occupancy for the space they are renting.
(33)
Indoor Shopping Mall.
Each retail use in an Indoor Shopping Mall must be a use that is allowed by right, or that may be allowed by SUP, in the zoning district where an Indoor Shopping Mall is located. Each retail vendor in an Indoor Shopping Mall is required to obtain a Certificate of Occupancy for the space they are renting, but is not required to have separate utilities (such as, water or electricity). On-site parking for each vendor of an Indoor Shopping Mall is calculated by each type of operation (such as, regular retail, restaurant, and personal service).
(34)
Recreational Vehicle (RV) Park.
A Recreational Vehicle Park must comply with the following provisions of this Subsection (34):
(a)
Planned Development (PD) District Required.
An RV Park is allowed only within a PD district. The approval of a Concept Plan is required.
(b)
Thoroughfare Access.
Primary access must be provided from a Type D (four-lane, divided) thoroughfare or larger, as designated on the Major Thoroughfare Plan.
(c)
Development Regulations.
An RV Park must comply with the requirements of the zoning district within which it is located and to all applicable requirements of this GDC, including the following development regulations: Where there is a conflict between the GDC and these regulations, the following regulations shall control:
(ii)
Setbacks.
Minimum yard setbacks for structures and RV pads from public streets (does not apply to internal private drives) are as follows:
(iii)
Perimeter Fencing.
Perimeter fencing must be provided along all property lines and access points to an RV Park.
a.
Perimeter fencing must have a minimum height of six feet and be constructed of masonry or ornamental iron, with masonry columns on maximum fifty-foot centers.
(v)
Open Space.
A minimum of ten percent of the gross platted area of the RV Park must be devoted to open space, landscaping, outdoor recreation activity areas, or combination thereof.
(vi)
Paving, Access and Off-Street Parking.
a.
One vehicle parking space must be provided on each RV site. Additional parking must be provided to serve guests, residents, customers, and employees at a minimum rate of one space for each eight RV pads, to be placed in parking lots located in convenient proximity to RV sites and Park amenities. All parking spaces must comply with the requirements of Article 2, Chapter 4 of this GDC.
b.
Boats, cargo or utility trailers, and commercial trucks may not be stored in an RV Park, except that they may be parked for a period not longer than thirty days if they are operated by a current occupant of the RV Park.
c.
All parking spaces, RV pads, streets, access drives and driveways must be concrete, and be designed and constructed in accordance with the City’s Technical Standards.
(vii)
Signage.
a.
One freestanding pole or monument sign is permitted at the main entrance to an RV Park where in compliance with the requirements of Article 5, Chapter 4 of this GDC.
b.
Except for directional signs permitted by the GDC, and except for Subsection vii.a. above, freestanding signs are prohibited within an RV Park. Signs identifying buildings and accessory uses may be attached signs only.
(d)
Rental Period.
RV sites may only be rented to the same occupant for a maximum of one hundred and eighty consecutive days.
(e)
Accessory Uses and Amenities.
(i)
All permitted accessory uses and amenities may be used only by RV Park residents and their guests, and may not be intended for use by the general public.
(ii)
The following uses are permitted as accessory uses to an RV Park:
(iii)
Recreational Vehicle/Trailer Sales, Leasing & Repair, and Truck/Bus Storage, as defined by Chapter 6 of this GDC are not permitted uses. This does not, however, prohibit an individual RV owner from placing a “for sale” sign on their own vehicle.
(v)
Accessory uses and amenities may not operate within RVs.
(vi)
RV Parks must contain sufficient designated area(s) to provide adequate shelter from storms for the occupants of the Park.
(35)
Breweries, Wineries, and Distilleries.
Breweries, wineries, and distilleries are subject to all requirements applicable to the zoning district in which any such use may be located, including all applicable screening and loading requirements.
(a)
Manufacturing and production activities must be conducted wholly indoors. An outdoor seating area may be provided for samplings and tasting, if otherwise allowed under the Texas Alcoholic Beverage Code, or as a food service area if the facility is operated as a restaurant as defined in this GDC and under this section.
(b)
The facility may not emit dust, odor, smoke, gas, fumes, or vibrations beyond the boundary line of the premises on which the facility is located and shall comply with the noise limits contained in the Code of Ordinances.
(c)
Outdoor storage of materials or products is prohibited except in the Industrial (IN) District or when allowed under the terms of a specific use provision.
(d)
A facility licensed and operating as a brewery, winery, or distillery, may provide food service and, if so, shall be considered and may operate under this GDC as a restaurant if the facility:
(i)
Operates its own permanent food service facility with commercial cooking equipment on its premises; and
(ii)
Prepares and offers to sell multiple entrees for consumption on or off the premises.
Drive- through food service is not allowed at a brewery, winery, or distillery operating under the provisions of this section.
(e)
The regulations on alcoholic beverages, including distance limitations, contained in this GDC apply to breweries, wineries, and distilleries. The on-premises consumption of alcoholic beverages is allowed if so allowed under the Texas Alcoholic Beverage Code and the person operating the facility holds a valid, current license or permit from the Texas Alcoholic Beverage Commission.
(36)
Makerspace (Hackerspace).
Makerspace (Hackerspace) facilities must comply with the following provisions of this Subsection (35):
(37)
Mobile Food Truck Park.
A Mobile food truck park must comply with the following standards and conditions, unless otherwise expressly provided for in the SUP:
(a)
A Mobile food truck park may only operate with a valid SUP.
(b)
The owner or lessee of the real property on which the park operates must obtain a certificate of occupancy for a Mobile food truck park land use.
(d)
A Mobile food truck park’s hours of operation are limited to the following schedule:
(i)
Mobile food truck parks located within 150 feet of residential-zoned property (measured in a direct line from property line to property line and directly across intersections) may not operate between the hours of 11:00 p.m. and 6:00 a.m., beginning Sunday evening through Friday morning.
(ii)
Mobile food truck parks not located within 150 feet of residential-zoned property (measured in a direct line from property line to property line and directly across intersections) may not operate between the hours of 1:00 a.m. and 6:00 a.m., Saturday and Sunday morning.
(iii)
Work related to the cleaning and maintenance of the Mobile food truck park may occur at any time.
(38)
Commercial Drone Delivery Hubs.
A Commercial Drone Delivery Hub must comply with the following standards and conditions, and any property specific standards expressly provided for in the Specific. Use Provision:
(a)
Commercial Drone Delivery Hubs (Large).
A commercial drone delivery hub (large) may be allowed, if and where granted a specific use provision, in an Industrial district if the requirements of this section are met.
(b)
Commercial Drone Delivery Hubs (Small).
A commercial drone delivery hub (small) is allowed as a primary use, if and where granted a specific use provision, in the Industrial, Heavy Commercial, Light Commercial, and Community Retail districts when the requirements of this section are met.
(c)
Drone Staging Areas.
(i)
The drone staging area must be designated on a site plan.
(ii)
The drone staging area must not be placed;
(iii)
When located at grade, any goods, materials, containers, trailers, or other equipment must be screened according to the requirements for open storage consistent with Division 5, Article 3 of Chapter 4 of this GDC. Landing pads are exempt from this screening requirement. The Plan Commission may waive the requirements with approval of a site plan.
(iv)
When a drone staging area is located on top of a building:
A.
Any roof-mounted mechanical equipment, excluding landing pads, is subject to the mechanical screening requirements in consistent with section 4.46 Screening of Roof- and Ground-Mounted Mechanical Equipment of this GDC, and
B.
Any additional structure, parapet wall, screening, safety railing, or other appurtenance associated with the commercial drone delivery hub is subject to the maximum height requirement of the district, except a single mast up to 10 feet in height for a windsock may exceed the maximum height requirement.
(vi)
Proximity to Noise-Sensitive Uses:
A.
The drone staging area for a commercial drone delivery hub (small) shall not be located within 150 feet of any property upon which a residential dwelling is located.
B.
The drone staging area for a commercial drone delivery hub (large) shall not be located within300 feet of any property upon which a residential dwelling is located.
C.
The measurement of the required buffer is to be made in a straight horizontal line from the edge of the drone staging area to the closest property line of a property containing a residential dwelling.
D.
Notwithstanding any provision contained herein to the contrary, sound levels may not exceed the limitations on environmental sound levels described in Section 22.69 of the Code of Ordinances.
E.
Sound study.
1.
The minimum distances contained within this subsection may be lowered if the applicant can present evidence to the Plan Director from a sound study that the proposed drone delivery hub, when drones are immediately taking off, produces less than 70 dba when measured from the nearest residential property boundary.
2.
For purposes of this section, a sound study must be prepared by a professionally accredited or licensed acoustical consultant or acoustical engineer.
3.
In the event the minimum required distances are lowered due to a sound study, drone delivery hub operations may not continue after 9:00 p.m.
(d)
Parking and Loading.
(i)
Parking is not required for an accessory commercial drone delivery hub use.
(ii)
Loading spaces shall be provided for a commercial drone delivery hub as required by Section 4.22 of this GDC. Loading spaces shall not be required for an accessory commercial drone delivery hub use.
(iii)
There shall be one parking space per 1,000 square feet of areas designated for storage or warehousing, plus one space per 300 square feet of floor area for office, customer service, or other areas.
(39)
Smoke Shops.
A smoke shop, as defined in Chapter 6 of this GDC, may only operate with a valid SUP. There shall be a rebuttable presumption that a tobacco store is operating as a smoke shop when tobacco products in their original manufacturer packages (e.g., cigarettes, cigars, pipe tobacco, snuff, or chewing tobacco) make up less than 75% of its inventory.
(40)
Mixed-Use and Multifamily Residential Use.
Mixed-use and Multifamily residential use must comply with the following provisions of this subsection (40):
(a)
Definitions: For purposes of this subsection:
(b)
The purpose of this subsection (40) is to ensure that local regulations related to Mixed-use and Multifamily Residential Use development within the City of Garland are consistent with the laws of the state. Provisions of this GDC should not be construed or interpreted in a manner that is inconsistent with state law or attempts to regulate an activity that is preempted by state law. In the event that a provision conflicts with, or attempts to regulate a subject matter preempted by state law, such provision shall be considered invalid and unenforceable to the extent of the conflict or attempted regulation.
(c)
In accordance with Texas Local Government Code, Section 218.101, and notwithstanding any other provision of this Garland Development Code to the contrary, Mixed-use residential and Multifamily residential uses and development are allowed in zones NO, CO, NS, CR, LC, HC, UR, UB, and DT, subject to the following restrictions:
(Ordinance 6773 adopted 5/19/15; Ordinance 6925 adopted 7/18/17; Ordinance 6979, sec. 2, adopted 4/17/18; Ordinance 7079, sec. 28, adopted 8/20/19; Ordinance 7104, sec. 3, adopted 11/5/19; Ordinance 7107, sec. 27, adopted 12/3/19; Ordinance 7138, sec. 1, adopted 4/7/20; Ordinance 7176, sec. 2, adopted 9/15/20; Ordinance 7352 adopted 8/16/22; Ordinance 7378 adopted 10/18/2022; Ordinance 7405 adopted 2/21/2023; Ordinance 7497 adopted 1/9/2023; Ordinance 7495 adopted 1/9/2024; Ordinance 7524 adopted 4/16/2024; Ordinance 7578 adopted 4/1/2025; Ordinance 7599 adopted 7/8/2025; Ordinance 7618 adopted 9/2/2025)
§ 2.53 Regulation of Private Clubs and the Sale and Service of Alcoholic Beverages.
Purpose. The purpose of this Article 5, Division 3 is to provide for the fullest extent of regulation of alcoholic beverages allowed to the City under the Texas Constitution and the Texas Alcoholic Beverage Code. Nothing contained herein shall be deemed or construed as a waiver or estoppel of any rights that the voters, through the City, may possess as to the regulation of alcoholic beverages. The GDC does not include zoning for “bars,” “nightclubs,” “taverns,” or similar establishments. Section 32.03(f) [32.03(g)] of the Texas Alcoholic Beverage Code requires a private club to provide “regular food service adequate to its members and their guests.” The Texas Alcoholic Beverage Code further requires that holders of food and beverage certificates have food service as the primary business being operated on the premises or the establishment.
(Ordinance 6773 adopted 5/19/15)
§ 2.54 Restaurants Selling or Serving Alcoholic Beverages.
An establishment selling alcoholic beverages is not a restaurant under the provisions of the GDC (whether operating as a general restaurant or a drive-through restaurant) unless the establishment holds a valid alcoholic beverage certificate issued by the Alcoholic Beverage Commission. For the purposes of this GDC Article 5, Division 3, a general restaurant is an eating establishment that:
(A)
Operates its own permanent food service facility with commercial cooking equipment on its premises; and
(B)
Prepares and offers to sell multiple entrees for consumption on or off the premises.
(Ordinance 6773 adopted 5/19/15; Ordinance 7599 adopted 7/8/2025)
§ 2.55 Regulation of Distances.
(A)
Location.
An establishment that sells or serves alcoholic beverages may not be located nearer than:
(1)
Three hundred feet of a church, public school, or public hospital;
(2)
One thousand feet from a public school if the City Council receives a request from the board of trustees of a school district under Section 38.007 of the Texas Education Code; or
(3)
One thousand feet from a private school if the City Council receives a request from the governing body of the private school.
(B)
Measurement.
The measurement of the distance between the establishment where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of the distance between the establishment where alcoholic beverages are sold and the public school or private school shall be:
(1)
In a direct line from the property line of the public school to the property line of the place of business, and in a direct line across intersections; or
(2)
If the permit or license holder is located on or above the fifth story of a multi-story building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.
(3)
For establishments located on the same property or within the same retail or commercial complex as a church, public school, private school, or public hospital, from the midpoint of the establishment’s primary entrance to the midpoint of the church, public school, private school, or public hospital’s primary entrance. If the establishment is located on or above the fifth story of a multistory building, the measurement shall include the distance vertically up the building to the floor level of the lowest floor upon which any portion of the establishment, church, public school, private school, or public hospital is in operation.
(C)
The City Council may grant a variance to the distance regulations provided by this Section if the City Council determines that enforcement of those regulations in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.
(D)
Subsections 2.55(A)(2) and 2.55(A)(3) above do not apply to the holder of:
(1)
A retail on-premises consumption permit or license if less than fifty percent of the gross receipts for the premises is from the sale or service of alcoholic beverages;
(2)
A retail off-premises consumption permit or license if less than fifty percent of the gross receipts for the premises, excluding the sale of items subject to the motor fuels tax, is from the sale or service of alcoholic beverages; or
(3)
A wholesaler distributor’s, brewer’s, distiller’s and rectifier’s, winery, wine bottler’s or manufacturer’s permit or license, or any other license or permit held by a wholesaler or manufacturer as those words are ordinarily used and understood in Chapter 102, TEX. ALCOHOLIC BEV. CODE.
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 28, adopted 12/3/19)
§ 2.56 Fees.
Restaurant. Pursuant to Sec. 11.38 and Sec. 61.36 of the Tex. Alc. Bev. Code, a fee is levied in the amount of one-half the state fee for each permit or license issued by the Texas Alcoholic Beverage Commission for a premises located within the City unless otherwise excepted or exempted by law.
(Ordinance 6773 adopted 5/19/15)
§ 2.58 Accessory Building Regulations.
(A)
Front and Side Yards Along Streets.
Accessory Buildings (including Accessory Dwellings) must adhere to the same requirements governing front yards adjacent to a street(s) as are required for the main building.
(B)
Street Side Yard.
An Accessory Building (including Accessory Dwellings) in a street side yard must provide the same side yard setback as required for the main building.
(D)
Main Building.
Accessory Buildings (including Accessory Dwellings) and accessory uses are prohibited without a main building being located on the same lot, except a barn or agricultural building in the Agricultural (AG) district.
(E)
Not Sold or Sublet.
Accessory Buildings (including Accessory Dwellings) may not be sold separately from sale of the entire property, including the main building(s), and may not be sublet.
(G)
Total Floor Area.
The total floor area of all Accessory Buildings on a lot may not exceed thirty percent of the floor area of the main building on the lot, except that this requirement does not limit the floor area of an Accessory Building to less than six hundred square feet.
(H)
Accessory Building Exceeding 200 Square Feet.
An Accessory building that exceeds two hundred square feet in floor area must comply with the following provisions:
(1)
The height of an Accessory Building having more than two hundred square feet in floor area may not exceed fifteen feet, with a maximum wall height of ten and one-half feet measured from the finished floor to the top plate.
(I)
Accessory Building Exceeding 500 Square Feet.
An Accessory Building that exceeds five hundred square feet in total floor area must comply with the following provisions:
(1)
The height of an Accessory Building having more than five hundred square feet in floor area may not exceed twenty-five feet or the height of the main structure, whichever is less, with a maximum wall height of twelve and one-half feet measured from the finished floor to the top plate.
(J)
Non-Street/Interior Side & Rear Yard.
An when an Accessory Building (including an Accessory Dwelling) is located in the rear yard, a minimum side and rear yard of three feet must be provided for the Accessory Building.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 29, adopted 8/20/19; Ordinance 7107, sec. 29, adopted 12/3/19)
§ 2.59 Carports, Canopies and Porte Cocheres - Residential.
(A)
Carports.
Residential carports, canopies, and porte cocheres must comply with the following provisions:
(1)
No carports, canopies, or porte cocheres of metal construction may be located in front of a single-family residence or within a side yard adjacent to a street.
(2)
Carports, canopies, or porte cocheres that are located in front of a single-family residence or within a side yard adjacent to a street shall not exceed the height of the main building.
(3)
Carports, canopies, or porte cocheres of metal construction may be located at the rear of a single-family residence so long as access is from a paved alley at the rear of the property.
(4)
A carport, canopy, or porte cochere that is located in the rear yard of a one-story single-family residence is restricted to a height not to exceed the height of the peak of the roof of the residence or fifteen feet, whichever is greater. A carport, canopy, or porte cochere that is located in the rear yard of a two-story (or greater) single-family residence is restricted to a height of fifteen feet.
(5)
All construction plans submitted for permit approval must meet applicable load span specifications required by the Building Code or bear the stamp of an Engineer licensed in the State of Texas.
(6)
Carports, canopies, or porte cocheres may not be enclosed or converted into a garage space, living space, storage, or work room.
(7)
The siding of carports, canopies, or porte cocheres may extend down a maximum of two feet from the roof on the open sides of the structure.
(8)
These requirements apply only to carports, canopies, and porte cocheres constructed after the original effective date of the adopting Ordinance No. 5993, April 18, 2006.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 30, adopted 8/20/19; Ordinance 7107, sec. 30, adopted 12/3/19)
§ 2.60 Carports, Canopies and Porte Cocheres - Nonresidential.
(A)
Carports, Canopies and Porte Cocheres.
A carport, canopy or porte cochere for a nonresidential use (regardless of zoning district) must:
(1)
Not encroach into a required front, side or rear yard setback;
(2)
Not extend over a public street, a City easement (unless approved by the Director of Engineering), or a refuse or solid waste container (dumpster);
(3)
Have a minimum fourteen-foot clearance when extending over a fire lane or vehicular drive aisle;
(4)
Be supported by columns that are architecturally integrated and are similar to the colors of the main building;
(5)
Have no more than ten parking stalls under each roof structure; and
(6)
Not be located closer than eighteen feet, measured post-to-post, to another parking structure without a landscaped island and at least one large canopy tree between structures.
(7)
The siding of carports, canopies, or porte cocheres may extend down a maximum of two feet from the roof on the open sides of the structure.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 31, adopted 8/20/19)
§ 2.61 Home Occupations and Related Prohibited Activities in Residential Zoning Districts.
(A)
Definitions.
(1) Home-based business
is defined in section 6.02 of this GDC and Texas Local Government Code, Section 229.902.
(2) No-impact home-based business(a) (b) (c) (d)
means a home-based business that:
Has at any time on the property where the business is operated a total number of employees and clients or patrons of the business that does not exceed the municipal occupancy limit for the property;
Does not generate on-street parking or a substantial increase in traffic through the area;
Operates in a manner in which none of its activities are visible from a street; and
Does not substantially increase noise in the area or violate a municipal noise ordinance, regulation, or rule.
(B)
General Prohibition.
A Home-based business is prohibited unless it is being operated as a No-impact home-based business.
(C)
(D)
Prohibited Activities.
Notwithstanding any other provision of this section 2.61, the following home-based businesses are hereby expressly prohibited:
(1)
Vehicle sales: It shall be an offense for any person to cause, allow, suffer, or permit the sale or advertising for sale of a motor vehicle that is located, parked, or stored on the premises of where is home-based business is operating and which is not registered to a person who has a property interest in the property (or named on the electric utility bill) on which the motor vehicle is located, parked, or stored. It is an affirmative defense to prosecution under this section that the vehicle being sold or advertised for sale is registered to a relative of the owner of the property (or person named on the electric utility bill) by blood, adoption, or marriage within two degrees of affinity or consanguinity, and that the registered owner of the vehicle resides at the property on which the vehicle is located, parked, or stored, according to the address listed on a current driver's license or state identification card.
(2)
Vehicle repairs:
(a)
It shall be an offense for any person, within view from a public right-of-way in a residential zoning district, to cause, conduct, allow, suffer, or permit Major Automobile Repair, as defined in Chapter 6 of the Garland Development Code.
(b)
It shall be an offense for any person in a residential zoning district to cause, conduct, allow, suffer, or permit Major or Minor Automobile Repair, as defined in Chapter 6 of the Garland Development Code, to a motor vehicle if the vehicle being repaired is not registered to a person who owns the property (or named on the electric utility bill) on which the motor vehicle is located. It is an affirmative defense to prosecution under this section that the vehicle being repaired is registered to a relative of the owner of the property (or person named on the electric utility bill) by blood, adoption, or marriage within two degrees of affinity or consanguinity.
(3)
Wrecker services;
(4)
The sale of alcohol or illegal drugs; and
(5)
Contracting or construction services:
(a)
It shall be an offense for any person, within view from a public right-of-way in a residential zoning district, to cause, conduct, allow, suffer, or permit the storage, parking, or staging of construction equipment or materials, or a trailer or motor vehicle loaded with construction equipment or materials, where the equipment and materials are primarily used for a commercial enterprise.
(b)
It is an affirmative defense to prosecution under subsection (D)(5)(a) that the construction equipment, construction materials, or vehicle or trailer loaded with the construction equipment or materials is lawfully parked or stored on property in which there is ongoing, lawfully permitted, construction or remodeling activities for which the equipment or materials are necessary to complete the project.
(6)
Sexually oriented businesses.
§ 2.62 Applicability.
(B)
Direct broadcast satellite reception, multi-channel multi-point distribution (as defined by the FCC), television reception antennae, and private radio antennae meeting the following requirements do not require a permit unless mounted on a pole or mast that is twenty feet or more in height:
(1)
In any zoning district, antennae that are thirty-nine inches or less in diameter;
(2)
In a nonresidential zoning district, antennae that are two meters or less in diameter;
(3)
In any zoning district, antennae designed to only receive television or internet broadcasts;
(4)
In any zoning district, private radio antennae concealed behind or located upon or within attics, eaves, gutters or roofing components of the building; and
(5)
In any zoning district, private radio ground-mounted whips and wire antennae, unless mounted upon a pole or mast over twenty feet in height.
(C)
Antennas mounted on existing City elevated water storage tanks are exempt from the requirements of this Division 5, provided a license or lease authorizing the antenna(s) has been approved by the City. All other antennae or towers, located on property owned, leased or otherwise controlled by the City of Garland are subject to the requirements herein.
(E)
Support structures or antennae legally installed before the effective date of this Division 5 are not required to comply with this Division 5, but must meet all applicable state, federal and local requirements, building codes, and safety standards.
(Ordinance 6773 adopted 5/19/15)
§ 2.63 Definitions.
Definitions for telecommunications-related terms are located in Chapter 6 of this GDC.
(Ordinance 6773 adopted 5/19/15)
§ 2.64 Districts Allowed.
(A)
Residential Zoning Districts.
In all residential zoning districts, commercial antennae and their support structures are allowed only by Specific Use Provision and must meet the following minimum standards:
(1)
Utility Structures.
A commercial antenna within a residential zoning district may be attached to a utility structure (such as an electrical transmission or distribution tower, or an elevated water storage tank) provided that the utility structure exceeds fifty feet in height, and provided that the antenna does not extend more than ten feet above the height of the utility structure;
(2)
Stealth.
A commercial antenna may be located within a residential zoning district if it is placed wholly within any building allowed in the residential zoning district. A commercial antenna may also be mounted flush to the exterior of a building or structure if it is painted or disguised to integrate into the overall architectural design, if it does not have any type of exterior non-vertical array, and if it is not readily identifiable as an antenna from public roadways or from neighboring residential properties; and
(3)
SUP.
All other regulations and conditions required by the SUP.
(B)
Nonresidential and Mixed-Use Districts.
In nonresidential and mixed-use zoning districts, commercial antennae and antenna support structures are allowed only by Specific Use Provision and must meet the following minimum standards:
(1)
Support Structures.
Commercial antenna support structures are allowed if they do not exceed eighty-five (85) feet in height and conform in all other aspects to local, state, and federal law. Support structures in excess of the eighty-five (85) [feet] in height may only be allowed by an express condition of the Specific Use Provision (SUP) provided the structure conforms in all other aspects to local, state, and federal law. In all nonresidential zoning districts, antenna support structures must meet all setback requirements. A site with a previously issued SUP and currently active commercial antenna shall not require a new SUP unless the height or footprint of the antenna support structure has changed;
(2)
Utility Structures.
A commercial antenna may be attached to a utility structure (such as an electrical transmission or distribution tower, elevated water storage tank, or highway light fixtures) provided that the utility structure exceeds fifty feet in height, and provided that the antenna does not extend more than ten feet above the height of the utility structure;
(3)
Stealth.
A commercial antenna may be placed wholly within any building allowed in the zoning district. A commercial antenna may also be mounted on an accessory utility structure, light standard or flagpole, or flush to the exterior of a building or structure if it is painted or disguised to integrate into the overall architectural design of the supporting structure, if it does not have any type of exterior non-vertical array, and if it is not readily identifiable as an antenna from public roadways or from neighboring residential properties; and
(4)
SUP.
All other regulations and conditions required by the SUP.
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 31, adopted 12/3/19; Ordinance 7323 adopted 5/3/22; Ordinance 7576 adopted 3/18/2025)
§ 2.65 General Requirements.
(A)
Antennae and support structures may be considered either principal or accessory uses.
(B)
In residential zoning districts, the setback from any property line for antennae and support structure is one foot for every one foot in height of the antennae.
(C)
No commercial antenna support structure may be closer to any residential district boundary line or the residential dwelling property line than a distance equal to three times the height of the support structure. The setback distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of a residential district boundary line or residential dwelling. Setbacks from residentially zoned property do not apply to antennae attached to utility structures that exceed fifty feet in height, or to antennae placed wholly within, or mounted upon, a building.
(D)
No private or commercial antenna, antenna support structure, microwave reflector or antenna, or associated foundations or support wires or appurtenances may be located within any required setback area for the front, side, or rear yards.
(E)
All antennae and support structures must meet or exceed the current standards and regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), and all other applicable federal, state and local regulations and requirements. If those standards change, then the owner of an antenna or support structure must bring the antenna or structure into compliance within one hundred and eighty calendar days, or as may otherwise be required by the applicable regulating authority.
(F)
A Building Permit is required to erect or install an antenna, antenna support structure and related structures or equipment, unless the antenna is exempt from these regulations (see Subsection 2.62(B) above). All installations must comply with applicable federal, state and local laws and the standards published by the Electronics Industry Alliance (EIA).
(G)
Antennae (private or commercial) may not create electromagnetic or other interference with any government agency’s radio frequencies and public safety operations, as required by the FCC. Antennae also may not interfere with radio or television reception of nearby property owners. The use of such equipment may not infringe upon adjoining property owners.
(H)
No antenna or support structure may be located so as to create a visual obstruction within critical visibility areas (such as, at street intersections, or where a private driveway enters a roadway) or a traffic safety problem.
(I)
Safeguards must be utilized to prevent unauthorized access to an antenna installation (such as, on an elevated water storage tank or utility structure, or a freestanding installation). Safeguards include certain devices identified or recommended by the manufacturer of the antenna or support structure, a fence, a climbing guard, or other commercially available safety device. Climbing spikes or other similar climbing device, if utilized, must be removed immediately following use.
(J)
Temporary antennae are only allowed in the following instances:
(1)
In conjunction with, and used for, a festival, carnival, rodeo, or other special event or activity;
(2)
In case of an emergency (such as severe weather) or a news coverage event; or
(3)
When needed to restore service on a temporary basis after failure of an antenna installation. The City must be notified within seventy-two hours of the placement of a temporary antenna. If the temporary antenna is to be needed for more than seven days, then the owner must apply for and acquire a permit for the temporary installation on or before the eighth day following initial placement of the antenna.
(K)
Collocation is required.
(1)
New support structures over fifty feet in height must be constructed to support antennae for at least two carriers, unless the structure is an alternative or stealth design, or the support structure is replacing an existing utility structure or light standard. Sufficient area for associated structures and equipment must also be provided.
(2)
A support structure which is modified or reconstructed in order to accommodate collocation must be of the same type, design, and height as the existing structure, and it may be moved on the same property within fifty feet of its original location provided that it is not moved any closer to residentially zoned property (if the structure was allowed by SUP, then its new location must be within the physical/land boundaries of the SUP). The original support structure must be removed from the property within ninety days following completion of the new structure.
(3)
Where an additional antenna is to be attached to an existing support structure that already has an antenna mounted upon it, the new antenna must comply with and be compatible with the design of the existing antenna on the collocated structure.
(4)
An existing antenna or support structure is allowed to increase its height up to twenty percent in order to encourage and accommodate collocation.
(L)
Support buildings and storage areas or buildings must be screened from public view if mounted on a rooftop. When ground-mounted, they must meet all applicable front, side, and rear yard setback requirements of the applicable base zoning district. They must also be of a neutral color. Support buildings and storage areas or buildings must be screened from public view by a dense, opaque, evergreen landscaped screen with an initial planting height of three feet, and which will attain an ultimate height of six feet at maturity. A six-foot solid masonry wall may be used in lieu of the landscaped screen provided exterior finish materials are compatible with nearby structures. The use of a wood fence for screening is prohibited, and ornamental iron or coated chain-link may only be used in conjunction with a landscaped screen as specified above.
(M)
Satellite dishes and other similar antennae are allowed on the roof of a building, as long as satellite dishes do not exceed one meter in diameter and antennae do not extend over ten feet above the roof of the building. A letter certifying the structural integrity of the roof and building will support the proposed satellite dish or antennae must be written and sealed by a licensed architect or engineer, and submitted to the Building Inspection Department prior to any approval of a roof-mounted antenna. Roof-mounted antennae that comply with the provisions of these regulations do not require additional yard setbacks or setbacks from residential areas or dwellings.
(N)
Only one private antenna or support structure is allowed per residential lot. However, a maximum of two satellite dishes are allowed if each unit is no larger than one meter in diameter.
(O)
All commercial signs, flags, lights, and attachments other than those required for emergency identification, communications operations, structural stability, or as required for flight visibility by the FAA or FCC are prohibited on any antenna or antenna support structure. However, lights may remain or be placed upon light standards that are altered or replaced in order for them to serve as antenna support structures provided that the lights are not commercial (that is, for-profit) in nature, and are the same size, configuration, number of bulbs, and degree of luminance as they previously existed prior to support structure modification or replacement.
(P)
Any publicly owned antennae or antenna support structures is allowed in any zoning district (such as public safety communications).
(Ordinance 6773 adopted 5/19/15; Ordinance 7576 adopted 3/18/2025)
§ 2.66 Applicability & Definitions.
(A)
The provisions of this Division 6 apply only to antennae and antenna support structures used in licensed amateur communications. The provisions of this Division 6 shall control in the event of a conflict with Division 5. If the communication facilities do not comply with the applicable district development standards and the following regulations, then a Specific Use Provision is required.
(B)
Definitions.
(1)
“Antenna”
means “private antenna” for purposes of determining allowed uses within the Land Use Matrix, Article 5 of this Chapter 2.
(2)
“Antenna support structure”
means a structure, such as a mast, tower or pole that is placed, erected or constructed to support one or more antennae for the purpose of engaging in licensed amateur communications. Buildings and associated roof-mounted equipment shall not be considered as antenna support structures.
(3)
“Licensed amateur communications”
means amateur radio operations, also known as the amateur radio service, as regulated and licensed by the Federal Communications Commission pursuant to 47 C.F.R. Part 97; and
(4)
“Compelling communications need”
means a need for relief based upon the inability of the applicant to obtain reasonable communications goals due to engineering or technical limitations or physical characteristics, such as trees, buildings, or structures located on the subject and adjacent properties that obstruct or significantly impede communications to and from the subject property.
(Ordinance 6773 adopted 5/19/15)
§ 2.67 Maximum Number of Antennas and Antenna Support Structures.
No more than two antenna support structures for licensed amateur communications are allowed per lot of record in a residential district. Upon a showing of a compelling communications need, the Planning Director may administratively approve additional antenna support structures.
(Ordinance 6773 adopted 5/19/15)
§ 2.68 Height.
The maximum height for an antenna support structure in any district is eighty feet. Upon a showing of a compelling communications need, the Planning Director may administratively approve a maximum height of one hundred feet. An antenna support structure that exceeds one hundred feet in height is allowed only with the approval of a Specific Use Provision.
(Ordinance 6773 adopted 5/19/15)
§ 2.69 Antenna and Antenna Support Structure Standards.
(A)
Number and Size.
The number and size of antennae placed upon an antenna support structure used for licensed amateur communications is limited by the wind load requirements contained in the current version of the City’s building codes or by the manufacturer’s specifications for wind loading, whichever is more restrictive.
(B)
Setbacks.
(1)
Front Yards.
Antenna support structures (including guy wires, foundations, anchors, and other components of the structure) are not permitted in required front yards. The Planning Director may administratively approve the location of guy wires in a required front yard if it is demonstrated that there is compelling communications need for such location or if there are limiting physical characteristics of the subject property that necessitate the location of guy wires in the front yard.
(2)
Side and Rear Yards.
Guy wires are permitted in required side and rear yards. Minimum setbacks for antenna support structures are the same as those required for accessory buildings in the applicable residential district and as for all buildings in nonresidential districts, except that side yard encroachments equal to that allowed for fireplaces under single-family district regulations are permitted.
(3)
Separation.
There are no minimum or maximum separation requirements for antenna support structures from other structures on the same lot of record.
(C)
Lights.
Lights mounted on antenna support structures must comply with all requirements of Article 7, Chapter 4 of this GDC.
(D)
Construction Standards.
Antenna support structures must be installed and may be modified in accordance with the manufacturer’s specifications or under the seal of a licensed professional engineer.
(E)
Maintenance.
Antennas and antenna support structures that have, due to damage, lack of repair, or other circumstances, become unstable, lean significantly out-of-plumb, or pose a danger of collapse must be removed or brought into repair within ninety days following notice given by the Building Official; however, the Building Official may order immediate action to prevent an imminent threat to public safety or property.
(F)
License Required.
Only licensed amateur radio operators are permitted to install, or have installed, and operate licensed amateur communication facilities under the provisions of this Division 6. Proof of license is required at the time application is made for a building permit to install and operate licensed amateur communication facilities under the provisions of this Division 6.
(G)
Discontinuance.
Within one hundred and eighty days of the date of discontinuance, the owner of property on which an antenna structure is located must remove the structure from the property in the event licensed amateur communications will be discontinued at the property due to change in ownership from a licensed amateur radio operator to a person not licensed to engage in licensed amateur communications, the death of the licensee, or the loss or surrender of the FCC license authorizing those communications.
(Ordinance 6773 adopted 5/19/15)
§ 2.70 General Requirements.
(B)
General Regulations.
The following general regulations apply to all wind energy conversion systems (WECs) located within any zoning district. A wind energy conversion system lawfully in existence as of the effective date of this GDC is not required to meet the requirements established herein. Nothing contained in this Division 7 is intended to supersede the provisions of any applicable deed restrictions.
(1)
Required Plans and Specifications.
In addition to the submittals otherwise required upon making application for a Site Permit or a Building Permit, the application for a Building Permit for a wind energy conversion system must be accompanied by:
(a)
A site plan of the proposed wind energy conversion system, which must include:
i.
A survey or a scaled drawing of the site on which the proposed wind energy conversion system will be constructed;
ii.
A plan view layout of the proposed wind energy conversion system clearly showing:
iv.
A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms with the edition of the National Electrical Code in effect at the time of construction.
(b)
Standard installation drawings of the wind turbine structure, including the tower base, and footings, if any.
(c)
If the system is mounted on a tower, either an engineering analysis of the tower or a copy of the manufacturing specifications demonstrating compliance of the system with the edition of the International Residential Code in effect at the time of construction. An engineering analysis must be certified by a licensed professional engineer registered in the State of Texas.
(d)
Evidence of the notice to the utility company as required by Subsection 2.70(B)(10) below.
(2)
Construction Standards.
A wind energy conversion system must be installed according to the manufacturer’s recommendations or under the seal of a professional engineer licensed in the State of Texas.
(3)
Maximum Height.
Subject to the height limitations imposed by the setback requirements in Subsection 2.70(B)(4) for other than a roof-mounted installation, the maximum height of the system may not exceed forty feet from ground level to the topmost portion of the system inclusive of the turbine and blades. For horizontally-mounted (vertically-spinning) turbines, the measurement of maximum height is made by measuring to the center of the turbine shaft and then adding the length of a blade. Additionally, no system when installed may exceed the height recommended by the manufacturer or the distributor of the system.
(4)
Location and Setback.
A tower-mounted wind energy conversion system may be anchored only in the rear yard of the lot on which the system is located. A tower-mounted system may not be located nearer to a side or rear lot line than one times the height of the system, inclusive of turbine blades. No part of a wind energy conversion system, including blades or guy wire anchors, may protrude across any property line or public right-of-way.
(5)
Primary Structure Required.
A wind energy conversion system may exist only as a secondary use. A wind energy conversion system may not be erected on a lot or land tract until a primary structure has been constructed.
(6)
Sound Pressure Levels.
Sound pressure levels produced by the operation of a wind energy conversion system may not exceed the limitations set forth in Section 22.69 of the City Code.
(7)
Lighting.
All lighting not required by Federal Aviation Administration (FAA) regulation is prohibited, however, operational lighting installed by the manufacturer of the system as original equipment is allowed. When obstruction lighting is required by FAA regulations, the lighting may not exceed the minimum requirements of those regulations. If so required, a wind energy conversion system tower structure may be artificially lighted only with steady-burning red obstruction lights (FAA type L-810) or flashing red obstruction lights (FAA type L-0684), flashing no faster than twenty flashes per minute. Upward lighting, floodlights or other lighting not required by the FAA is prohibited.
(8)
Signs.
No advertising or other signs may be placed on a wind energy conversion system.
(9)
Prohibited in Easements.
No portion of a wind energy conversion system may be located in, on, or across a public easement unless authorized by the easement holder.
(10)
Notice to Utility Company on Grid-Interconnected Systems.
No grid-interconnected wind energy conversion system may be installed until evidence has been provided to the City that the appropriate electric power provider has been informed of the customer’s intent to install a grid-connected customer-owned wind energy conversion system, and that the customer’s system meets the utility’s approved specifications for interconnection. If a system will interconnect through Garland Power and Light, the system must conform to the provisions of Ordinance No. 5886 and such other interconnection requirements applicable thereto. Off-grid systems are exempt from this requirement.
(11)
State or Federal Requirements.
A wind energy conversion system must meet or exceed current standards and regulations of the FAA and any other agency of the state or federal government with the authority to regulate wind energy conversion systems. If the standards and regulations are changed, and if the controlling state or federal agency mandates compliance, then the owner of the wind energy conversion system must bring the wind energy conversion system into compliance with those revised standards and regulations within one hundred and eighty-three calendar days following the effective date of the revised standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency.
(C)
Maintenance and Abandonment:
(1)
A wind energy conversion system must be maintained at all times according to the manufacturer’s specifications.
(2)
A wind energy conversion system that has become unstable, leans more than five degrees out-of-plumb, or that poses a danger of collapse must be removed or brought into repair within sixty calendar days following notice by the Building Official to the owner of the property upon which the system is located. The Building Official may order immediate repairs or complete removal of the system where there is a risk of an imminent probable collapse and a danger to public health, safety, and welfare. Failure to make the required repairs within the time provided is an offense.
(3)
If the owner of a wind energy conversion system plans to abandon or discontinue, or is required to discontinue, the operation of the system, the owner must notify the Building Official by certified U.S. mail of the proposed date of abandonment or discontinuation. The notice must be given no less than thirty calendar days prior to abandonment or discontinuation.
(a)
In the event that an owner fails to give proper notice of abandonment or discontinuance, the wind energy conversion system will be considered abandoned if the wind energy conversion system is not operated for one hundred and eighty-three calendar days.
(b)
Upon abandonment or discontinuation of use, the property owner must physically remove the wind energy conversion system within ninety calendar days following the date of abandonment or discontinuance of operation. “Physically remove” includes, without limitation, the actual, complete removal of the tower, turbine, and all other components of the wind energy conversion system from the site upon which the system is located.
(Ordinance 6773 adopted 5/19/15)