Giddings City Zoning Code

Generally.

The word “may” is not discretionary unless the context in which it is used indicates otherwise. The words “must” and “shall” are mandatory in every instance.

Tense.

For the purpose of these regulations, words used in the present tense include the future tense; words used in the singular number include the plural, and words in the plural include the singular, except where the natural and obvious construction of the writing indicates otherwise.

Adult mini-motion picture theater or arcade.

Specific definitions.

For purposes of this article, certain terms and words are to be used and interpreted as hereinafter defined.

Accessory apartment.

A single dwelling unit which is clearly secondary and accessory to the main dwelling unit on a residential lot, and containing not more than 1,000 square feet of habitable floor area.

Accessory building.

A building customarily incidental and subordinate to the main building or use located on the same lot with the main building. An accessory building is a “secondary” or “storage/portable” building as defined in this section.

Accessory use.

A land use activity that is customarily incidental, appropriate and subordinate to the principal use of the land or buildings located upon the same premises.

Adult bookstore.

An establishment having as a significant portion of its stock in trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas. Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on or depicting or describing sexual conduct or specified anatomical areas.

Adult motel.

A motel wherein material is presented which is distinguished or characterized by an emphasis on or depicting or describing sexual conduct or specified anatomical areas.

Adult motion picture theater.

An enclosed building with a capacity of more than 50 persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

Adult use.

Any of the land use activities described in section 14.02.176.

Agriculture.

The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, animal and poultry husbandry, and the necessary accessory uses for the packing, crating, or storing of produce; provided, however, the operation of any such accessory use must be secondary to that of the normal agricultural activities. The operation of commercial feedlots, sales yards and auction yards for cattle, hogs, or sheep, is deemed an industrial and not an agricultural land use.

Alley.

A public passage or way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

Alteration or altered.

Includes the following:

Any addition to the height or depth of a structure.

Any change in the location of any of the exterior walls of a structure.

Automobile salvage wrecking yard.

Any increase in the interior accommodations of a structure.

Ambient.

The average atmospheric or water condition existing naturally in any particular area of interest at any one time.

Apartment.

Any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of more than two families living independently of each other and doing their own cooking in the said building.

Automobile.

A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people including but not limited to the following: passenger cars, trucks, buses, vans, motor scooters, and motorcycles.

A parcel of land where motor vehicles are disassembled, dismantled, junked or wrecked, or where motor vehicles not in operable condition and used automobile parts are stored.

Automobile service station.

Any parcel of land, including the structures thereon, used for the sale of gasoline, oil, or other fuels, and automobile accessories, and which may include facilities for lubricating, washing, cleaning, mechanical repair, and other normal servicing of automobiles. Painting is not within the scope of “other normal servicing.”

Automobile wash.

A facility designed primarily for washing automobiles.

Average grade.

The grade of the finished ground level at the midpoint of each exterior surface of a sign, or a structure, in the event that the sign is attached to the structure.

A-weighted sound pressure level.

The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read shall be designated dB(A) or dBA.

Bar, dance hall, lounge, nightclub or tavern.

An establishment for the sale of beer or intoxicating liquor for consumption on the premises.

Bed and breakfast home.

A building or place where lodging is provided by prearrangement for definite periods, for compensation, for not more than 12 persons.

Block.

A parcel of land entirely surrounded by public highways, streets, streams, railway rights-of-way, parks, etc., or a combination thereof.

Boardinghouse.

A dwelling other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals, or lodging and meals are provided for three or more persons. The lodging of seven or more individuals is prima facie evidence of the operation of a bed and breakfast as defined in this article.

Board of adjustment.

The board of adjustment of the city.

Boundary property line.

The near side of any street, alley, stream, or other permanently dedicated open space from the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between two parcels of property shall be interpreted as the boundary property line.

Building.

Any structure intended for shelter, housing or enclosure of persons, or chattel. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate structure.

Primary.

A building in which the primary activity associated with the lot is conducted. In any residential zoning district, any dwelling shall be considered the primary building.

Secondary.

A building customarily incidental and subordinate to the primary building located on the same lot.

Code enforcement officer.

Storage/portable.

A nonresidential, pre-manufactured or site-built structure, normally less than 150 square feet in floor area, and commonly used for the storage of equipment and other items associated with residential living.

Building area.

That portion of a lot upon which buildings may be placed, excluding required yards and limited by the maximum building coverage as specified for each zoning district. (See section 14.02.122.)

Building coverage.

The percent of the lot area covered by the building exclusive of all overhanging roofs.

Building line.

A line established generally parallel to the front street line. No building may be permitted in the area between the building line and the street right-of-way line. (See section 14.02.122.)

Building site.

A single parcel of land occupied or intended to be occupied by a building or structure.

Cabaret.

A nightclub, theater, or other establishment which features live performances by topless and/or bottomless dancers, “go-go” dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

Carport.

A permanent roofed structure open on at least two sides, designed for the parking and shelter of private passenger vehicles.

Child care primary.

A facility that provides care, training, education, custody or supervision for more than six children under the age of 14 years of age who are not related by blood, marriage or adoption to the adult occupant of the associated structure.

City council.

The governing body of the city.

City planner.

A regular staff employee or consultant to the city, responsible for assisting in the preparation and implementation of the city’s comprehensive city plan, and other related plans and ordinances.

Clinic.

A facility for the examination and treatment of ill and afflicted human outpatients; provided, however, that patients are not kept overnight except under emergency conditions, including but not limited to dental and physician services.

A municipal staff member who, working under the direction of the city manager, assists in the implementation of this article.

Community appearance board.

An officially constituted board of the city, whose primary task is assisting and promoting improvement of the city’s appearance.

Comprehensive city plan.

A document and related material officially adopted by the city, containing the goals, objectives, and policies pertaining to land use, community facilities, infrastructure, circulation, housing, and other subjects related to the managed growth and development of the city.

Condominium.

An estate in land and a form of property ownership as defined by state law.

Convalescent, rest, nursing, or extended care facility.

A health care facility where persons are housed, furnished with meals, and provided with continuing nursing care for compensation.

Day care facility.

See “child care facility.”

Daytime.

The hours between sunrise and sunset on any given day.

Decibel.

A unit measurement of sound pressure.

Density transfer or dwelling unit clustering.

The substitution of common open space for private open space relinquished by the waiver of minimum yard requirements for individual buildings in a residential environment. The average density in dwelling units per acre for the total planned area remains the same as permitted in the appropriate zoning district before the clustering. For an illustration of dwelling unit clustering, see appendix section 3.[1]

District, zoning.

Any section or sections of the city for which regulations governing the use of buildings and/or premises are described in sections 14.02.111 through 14.02.123, and as shown on the official zoning map.

Drainage.

The removal of surface water or groundwater from land by drains, grading, or other means. “Drainage” includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water supply preservation or prevention or alleviation of flooding.

Dwelling or dwelling unit.

Any portion of a building used, intended or designed as a separate abode for a family.

Attached.

A dwelling having one or more walls common with a principal building, or joined to a principal building by a covered porch, loggia, or passageway, the roof of which is a part or extension of the principal building.

Detached.

A dwelling which is fully separated from any other building or joined to another building by structural members not constituting an enclosed or covered space.

Mixed-use.

A dwelling unit which is a part of a project which may be composed of residential, office, and commercial land use activities.

Multiple-family dwelling.

A dwelling designed for occupancy by two or more families living independently of each other as tenants, exclusive of recreational vehicle camps, hotels, motels, or resort facilities.

Townhouse or rowhouse dwelling.

Three or more dwelling units attached at the side or sides, each unit of which has a separate outdoor entrance and is designed to be occupied and may be rented or owned by one family.

Zero lot line dwelling.

A dwelling located on a lot in such a manner that one or more of the dwelling’s sides rest directly on a lot line.

Easement.

A right given by the owner of a parcel of land to another person, public agency or private corporation for a specific and limited use of that parcel.

Erect.

To build, construct, alter, reconstruct, pour, lay, move upon, attach, hang, place, suspend or affix, and also includes the painting of wall signs, murals or supergraphics, or any physical operations on the premises which are required for the construction of a sign including excavation, site clearance, landfill, and the like.

Family.

One or more persons related by blood or marriage, including adopted children, or a group of not to exceed five persons not all related by blood or marriage, occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, motel, club, or similar dwelling for group use.

Farm.

See “agriculture.”

Fine art.

Sculpture, fountains or similar objects, which have been identified as fine art by the community appearance board, and which in no way identify or advertise a product or business.

Floodplain.

Floodplains may be either riverine or inland depressional areas. Riverine floodplains are those areas contiguous with a lake, stream, or stream bed whose elevation is greater than the normal water-pool elevation but equal to or lower than the projected 100-year flood elevation. Inland depressional floodplains are floodplains not associated with a stream system but which are low points to which surrounding lands drain.

Floor area.

Gross.

The sum of the horizontal areas of all floors of a building, measured from the exterior faces of exterior walls or from the centerline of the walls separating two buildings, and including but not limited to:

Basements;

Elevator shafts and stairwells of each floor;

Floor space for mechanical equipment with structural headroom of seven feet;

Penthouses;

Attic space providing headroom of seven feet or more;

Interior balconies, mezzanines, enclosed covered porches and steps;

Accessory uses in enclosed covered space, but not including space used for off-street parking.

Net.

The total floor area within a building devoted or intended to be devoted to a particular use, with structural headroom of seven feet or more, whether above or below the finished lot grade, and excluding subsections (1)(B), (1)(C), and (1)(G) above.

Ratio.

A mathematical expression determined by dividing the gross floor area of a building by the area of the lot on which it is located.

Footcandle.

A unit of illumination intensity.

Frequency.

The number of times per second a vibration or sound wave oscillates.

The measure of property on one side of a street, closest to the street right-of-way, and between the two side property lines associated with the same tract of land.

Garage.

An accessory building or a part of a main building used for storage purposes only for automobiles used solely by the occupants and their guests for the building to which it is accessory.

Gasoline service station.

Any garage other than a private garage available to the public, used for the care or servicing of automobiles where such vehicles are parked or stored for remuneration, hire or sale.

Garage apartment.

A dwelling unit for one family erected above a private garage.

See “service station.”

Group home.

An interim or permanent residential facility shared by six or fewer people who do not meet the definition of “family” including any resident staff who share a single housekeeping unit. This use does not include facilities that permit sleeping arrangements on a daily basis.

Heavy equipment.

Motorized, self-propelled rolling stock, generally associated with earth moving, grading, scraping, building site preparation, and infrastructure or real estate development.

High-rise building.

A structure of more than six stories in height.

Home occupation.

An occupation that is incidental and secondary to the primary use of the premises as a residence, and which is not detrimental to adjoining properties. (See sections 14.02.171 through 14.02.176.)

Homeowners’ association.

A formal nonprofit organization operating under recorded land agreements through which each lot and/or homeowner in a residential subdivision or a planned unit development is automatically made a member, and each lot is automatically made subject to a charge for a proportionate share of the expenses for the organization’s activities, such as maintenance of common property, and the fee if unpaid becomes a lien against the nonpaying homeowner’s property.

Hospital.

An institution providing health services primarily for human inpatient, medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices which are an integral part of the facilities.

Hotel or motel.

Furnished, temporary living quarters that charge daily rates and are normally intended for overnight or a few days’ accommodations. Hotels and motels do not include accommodations that are intended for extended stay or permanent living quarters.

Impervious site cover.

See “structure.”

Indirect lighting.

A light source separated from the surface and illuminating the sign surface by means of spotlights or similar fixtures.

Ionizing radiation.

Gamma rays and X-rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles; but not sound or radio waves, or visible, infrared or ultraviolet light.

Junkyard.

A place where waste, discarded or salvaged metals, used plumbing fixtures, and other materials are bought, sold, exchanged, stored, baled, or cleaned, and the places or yards for the storage of salvaged materials and equipment from housing wrecking and salvaged structural steel materials and equipment, but excluding establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, used furniture, and household equipment, and the processing of used, discarded or salvaged materials as a part of manufacturing operations.

Loading space.

A space within the main building or on the same lot therewith, provided for the standing, loading or unloading of trucks and having minimum dimensions of 12 by 60 feet.

Lot.

A parcel of land occupied or intended for occupancy by a use permitted in this article, including one principal building together with its accessory buildings, open spaces and parking spaces required by this article, and having its principal frontage upon a street or upon an officially approved point of access. (See appendix section 1.)[2]

Corner.

A lot abutting upon two or more streets at their intersection.

Depth.

The perpendicular distance between the front and the rear lot lines.

Double-frontage.

A lot having direct access to two parallel public streets. For purposes of this article, land abutting such streets shall be considered “front yards.” (See appendix section 2.)

Line.

The boundary line of the property.

The yard or yards nearest the street.

Rear line.

The boundary of a lot which is most distant from, and most nearly parallel to the front lot line.

Manufactured home or manufactured housing.

Side line.

Lines running between the front and rear property lines.

A structure, constructed on or after June 15, 1976, according to the rules of the U.S. Department of Housing and Urban Development, transportable in one or more sections, which in travel mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet in area, and which is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems. This term does not include “recreational vehicle” as that term is defined by 24 CFR section 3282.8(g). As used herein, the term “manufactured home” or “manufactured housing” shall include modular homes.

Massage parlor.

Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct, or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.

Massage therapy clinic.

Any place of business in which massage therapy is practiced by a massage therapist, as defined by state law. “Massage therapy” as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body massage. “Massage therapy” may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower, or cabinet baths. Equivalent terms for “massage therapy” are “massage,” “therapeutic massage,” “massage technology,” “myotherapy,” or any derivation of those terms. The terms “therapy” and “therapeutic” do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.

Mixed-use project.

A real estate complex which may include residential, office, commercial, and other diverse forms of land use activity; frequently created as a planned unit development.

Mobile home pad area.

An area designed for the exclusive use of an individual mobile home.

Mobile home park.

Any plot of ground upon which three or more mobile homes, travel trailers, recreational vehicles, or HUD-code manufactured homes, or any combination thereof, occupied for dwelling or sleeping purposes for any length of time, are located, regardless of whether or not a charge is made for such accommodation. This term is not to be used in conjunction with any mobile home or travel trailer sales lots which contain unoccupied units that are intended for purposes of inspection and sale. This term shall apply to both the lease and sale of pads or lots.

Mobile homes.

A structure that was constructed before June 15, 1976, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 feet or more in length, or when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities.

Model studio.

Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by members of the general public paying such consideration or gratuity.

Modular home.

Any permanent, single-family dwelling unit which has been fabricated or factory constructed as a single unit, or in sections or modules, without wheels or a chassis of its own, and assembled at the factory or construction site, and moved on a flatbed or other trailer to a permanent location as a unit, or in sections or modules, as a permanent single-family dwelling unit placed on a permanent foundation at such site and connected with all utility services.

Motel or motor lodge.

See “hotel.”

Nonconformance.

A condition of a structure or land which does not conform to the regulations of the zoning district in which it is situated. This may include but is not limited to a failure to conform to use, height, area, coverage, or off-street parking requirements.

Nonconforming use.

A structure or a parcel of land occupied by a land use activity that does not conform to the regulations of this article and the district in which it is situated and which has been identified as a nonconforming use by the board of adjustment.

Octave band.

A portion of the audible sound spectrum. An octave band analyzer divides the audible sound spectrum into eight octave bands.

Odorous matter.

Any solid, liquid or gaseous matter, including but not limited to gases, vapors, dusts, fumes and mists which cause an odor sensation to human beings.

Odor thresholds.

The concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve.

Office complex.

Two or more offices, sharing customer parking area, regardless of whether said offices or office establishments occupy separate structures or are under separate ownership, or on separate tracks of land.

Open storage and display.

The storage of any equipment, machinery, commodities, raw, semi-finished or finished materials, and building materials, which is visible from any public street.

Parking, interior.

Parking rows which are not located on the periphery of the proposed project site and further, where none of the parking spaces abut any property line associated with the project site.

Parking rows.

Single parking row.

A single row of spaces for the parking of motor vehicles.

Double parking.

Two parallel rows of spaces for the parking of motor vehicles arranged so that when parked, the front end of each motor vehicle faces the front end of another motor vehicle.

Parking space.

A permanently surfaced area, enclosed or unenclosed, sufficient in size to store one automobile together with a permanently surfaced driveway connecting the parking space with a street or alley and permitting ingress or egress of an automobile. For the purposes of this article, the size of a parking space shall be in conformance with sections 14.02.231 through 14.02.234.

Particulate matter.

Finely divided solid or liquid matter, other than water, which is released into the atmosphere.

Paving.

A system of structuring base material and sealing an impervious wear surface, done in accordance with specifications provided by the code enforcement officer.

Planned unit development or cluster.

Any individual, firm, corporation, partnership or association of persons of whatever nature or description.

An area with a specified minimum contiguous acreage to be developed as a single entity according to a unified site design plan, containing one or more residential uses, office uses, commercial uses, industrial uses, public or quasi-public uses, or any combination of same. (See appendix section 3.)[3]

Planning and zoning commission.

The planning and zoning commission of the city.

Private club.

An establishment providing social or dining facilities, and which derives more than 50% of its gross sales from the sale of alcoholic beverages.

Public facility.

Any facility, including, but not limited to, buildings, property, recreation areas, and roads, which are owned, leased, or otherwise operated, or funded by a governmental body or public entity.

Recreational vehicle.

A recreational motorized vehicle that is built on a single chassis and is designed primarily for use as a temporary living quarters for recreational, camping, travel or seasonal use and is designed to travel under its own power without the need for any additional outside source to push, pull or tow the recreational vehicle. The recreational vehicle is designed to have fixed wheels and axles connected to the frame of the recreational vehicle.

Residential density.

The number of lots, dwelling units, or persons located or residing within a residential area.

Restaurant.

Conventional. An eating establishment, including cafeterias, where customers are primarily served at tables or are self-served and food is consumed on the premises, and which may include a drive-in window.

Drive-in.

An eating establishment where food is served to customers in motor vehicles or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises.

Screen.

An opaque barrier of stone, wood, brick, block, or other permanent material at least six feet in height.

Setback.

A distance between the lot line and the building line. (See appendix section 1.)[4]

Sexual conduct.

Includes the following:

The fondling or touching of human genitals, pubic region, buttocks, or female breasts; or

Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, anal copulation, masturbation.

Shopping center.

A group of primarily retail and service commercial shops planned, constructed and managed as a total entity with customer and employee parking provided on site, provision for goods delivery separated from customer access, provision of aesthetically appropriate design and protection from the elements.

Site development plan.

A drawing showing the provisions for a proposed project, including such information that enables the drawing to serve as a plat, together with information pertaining to all covenants relating to the site, location and bulk of structures, intensity of use or density of development, location of streets, ways, and parking facilities, common open space and public facilities, and all other reasonable information required by the planning and zoning commission as a part of the review process.

Smoke.

The visible discharge of particulate matter from a chimney, vent, or combustion process.

Sound level meter.

An instrument used to measure sound intensity.

Special event.

Any temporary activity or event involving any public show, exhibition, street dance, carnival, circus, concert, fair, festival, trade show, or amusement of any kind outside the confines of a building or permanent structure.

Human genitals, the pubic region, buttocks, and female breasts.

Stable.

A stable for personal, noncommercial use, for horses, mules, or donkeys.

a stable, other than a private stable, where animals are rented or leased to the public, or where shelter is provided for animals.

Street.

Any public thoroughfare which affords the principal link between various land use activities. The city has adopted a functional street classification system which is defined as follows: (see appendix section 4)[5]

Arterial-primary.

An expressway, freeway, or primary thoroughfare whose primary function is the movement of traffic.

Arterial-secondary.

A thoroughfare whose predominate function is the movement of traffic but which provides more access than normally associated with a primary arterial.

Collector.

A street designed to serve equally the functions of access and movement. Collector streets serve as links between local streets and arterials.

Frontage or service road.

A collector street generally parallel to and adjacent to arterials, which provides access to abutting properties and protection from through traffic.

Local.

A neighborhood or minor street whose primary purpose is to provide access to abutting properties.

Toxic and noxious matter.

Cul-de-sac.

A local street having one end open to vehicular traffic and having one end closed or terminated with a turning circle.

Structural alteration.

Any change in the supporting members of a building such as bearing walls, bearing partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.

Structure.

Any constructed, erected or placed material or combination of materials in or upon the ground, including but not by way of limitation, buildings, manufactured homes, radio towers, sheds, signs, and storage bins but excluding sidewalks and paving on streets, driveways, parking areas and patios. The term shall be synonymous with the term “impervious site cover” as defined herein.

Any solid, liquid, or gaseous matter which is present in sufficient quantities to endanger the health, safety, and comfort of persons in the vicinity or which may cause injury or damage to property as defined by the United States Environmental Protection Agency in the Toxic Substances Control Act codified at 40 CFR 700–790.

Travel trailer.

A structure, having no foundation other than a permanent chassis with wheels, which is 12 body feet or less in width, and is less than 40 body feet in length, and is designed to be used as a dwelling with or without a permanent foundation. The term “travel trailer” includes folding, hardtop campers transported behind a motor vehicle, truck-mounted campers attached to and transported behind a motor vehicle or pickup, campers, converted buses, tent trailers, tents or similar devices used for temporary, portable housing, or similar types of temporary dwellings intended for short-term occupancy, travel, and/or recreation.

Tree.

A large, woody plant having one or several self-supporting stems or trunks and numerous branches.

Vibration.

A temporal and spatial oscillation of displacement, velocity or acceleration in a solid material.

Vibration perception threshold.

The minimum ground- or structure-borne vibrational motion necessary to cause a person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.

Yard.

(See appendix section 1.)[6]

Front.

An unoccupied open space on the same lot with a building, located between the wall of the building nearest the street on which the lot fronts, and bounded by the line of that wall extended, the side lines of the lot and the front street line of the lot. The minimum depth of the front yard is the distance between the nearest point of the street wall of the building and the front line of the lot, or that line produced, measured at right angles to the front line of the lot. The front yard of a corner lot consisting of one platted lot is the yard adjacent to that street on which the lot has its least dimension. When this question arises, the code enforcement officer shall make a final determination. If a corner lot consists entirely of unplatted land or a combination of platted land, the front yard is located on the street on which the greater number of lots front, regardless of whether those lots are platted or unplatted. If a corner lot consists of all or more than two platted parcels of land each of whose least dimension is on the same street as the other lots in the block, then the location of the front yard is on the same street as the other lots. Any questions as to the determination of yards associated with corner lots shall be resolved by the code enforcement officer.

Rear.

All unoccupied open space on the same lot with a building, between the rear line of a building and bounded by the rear line extended, the side lines of the lot and the rear line of the lot. Where no rear building line exists, a line parallel to the front street line and distant as far as possible and not less than 10 feet long is deemed to be the rear line. The depth of the rear yard is the distance between the nearest point of the rear wall of the building and the rear line of the lot.

Side.

An unoccupied open space on the same lot with a building, situated between the building and the side line of the lot and extended through from the front yard to the rear yard. Any line not a rear line or a front line is deemed to be a side yard line.

Zero lot line.

A common lot line on which a wall of a structure may be constructed.

Zoning map.

The official zoning map of the city upon which the boundaries of the various zoning districts are drawn and which is an integral part of this article. The zoning map shall be housed, maintained, and revised regularly by the city manager or other person designated by the city manager.

[1]

Editor’s note—The Appendix is included as an attachment to this chapter.

[2]

Editor’s note—The Appendix is included as an attachment to this chapter.

[3]

Editor’s note—The Appendix is included as an attachment to this chapter.

[4]

Editor’s note—The Appendix is included as an attachment to this chapter.

[5]

Editor’s note—The Appeneix is included as an attachment to this chapter.

[6]

Editor’s note—The Appendix is included as an attachment to this chapter.

(1999 Code, sec. 153.005; Ordinance 674 adopted 9/17/12)

§ 14.02.006 Penalty.

Criminal enforcement.

A violation of any of the provisions of this article shall be unlawful and shall constitute a misdemeanor. Each day that a violation continues shall constitute a distinct and separate violation. Any criminal violation of this article shall be fined in an amount not to exceed $2,000.00 per offense. Nothing in this section shall limit in any manner the authority of the city to seek any injunctive or other civil relief remedies available under the laws of the state.

Civil remedies.

If any building, structure, or land is used, constructed, maintained, repaired, or altered, or any development is undertaken in violation of this article, the city may institute any appropriate action to prevent, restrain, correct, or abate the violation as authorized by Tex. Loc. Gov’t Code section 54.012, or other laws of the state.

Failure to comply with any of the provisions of sections 14.02.551 through 14.02.564 shall be deemed a violation and punished pursuant to the provisions of this section.

(1999 Code, sec. 153.999)

§ 14.02.051 Code enforcement officer.

Primary responsibility for enforcement.

The code enforcement officer shall be the designated authority charged with the administration and enforcement of this article. The city manager or a designee of the city manager shall serve in this capacity. The code enforcement officer may also serve as the staff advisor to the city council, planning and zoning commission, board of adjustment, city staff, and citizens relating to the administration, interpretation, implementation, and enforcement of the provisions of this article.

Duties.

The code enforcement officer shall have the following duties:

The code enforcement officer shall have the power to make inspections of buildings and premises to carry out the duties prescribed herein.

The code enforcement officer shall examine all building permit applications and shall certify that the proposed construction, moving, alteration, or use complies with the provisions of this article.

The code enforcement officer shall certify all certificates of occupancy prior to their issuance.

The code enforcement officer shall investigate alleged violations of this article, and shall conduct a visual inspection of all uses within the city. If a violation or suspected violation is found, enforcement efforts shall be undertaken by the code enforcement officer.

The code enforcement officer shall perform such other duties as assigned by the city manager relating to the administration, interpretation, implementation, and enforcement of the provisions of this article.

(1999 Code, sec. 153.020)

§ 14.02.052 Permit applications and certificates.

Certificate of occupancy.

All land, buildings, structures or appurtenances thereto which are located within the city, and which are hereafter used, occupied, erected or converted shall be used, occupied, erected, altered or converted in compliance with the provisions of this chapter; the zoning regulations of the district in which such land, structure, use or occupancy is located; the building codes, and all other applicable codes and ordinances of the city.

A certificate of occupancy is required by the code compliance official to operate a commercial business in the city. A certificate of occupancy must be issued prior to the occupancy of any vacant land or structure or when there is a change in the occupant of the structure, owner of the business, occupancy classification, the change in the name of a business, or the change in description of a business.

The certificate of occupancy must be posted in a place visible to the customers on the premises and shall not be removed except by the code compliance official. A new certificate of occupancy is required when ownership changes or a new business occupies the premises.

A record of all certificates of occupancy shall be kept on file in the office of the code compliance official, copies of which shall be furnished to any person upon request.

No certificate of occupancy for any commercial business shall be issued before a written application has been completed, signed and a nonrefundable fee, as set forth in section B14.02.052 of the code compliance fee schedule located in appendix B of this code is paid. As a condition of receiving a certificate of occupancy, a retail business is required to provide a copy of the state sales and use tax permit at the time of applying for the certificate of occupancy. The business address on the sales and use tax permit is required to show “Giddings, Texas 78942” under the business trade name and location address section of the permit.

When a commercial structure is in compliance with all building and fire codes and the proposed business use is allowed by zoning regulations, the code compliance official is authorized to sign and issue a certificate of occupancy.

The code compliance official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this chapter whenever the certificate is issued in error, or on the basis of incorrect and/or false information supplied to city officials, or when it is determined that the building, structure or use is in violation of any provision of this chapter or the provisions of any other ordinance of the city.

Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the code compliance official for a period not exceeding six months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the city relating to the use or occupancy of the premises or any other matter covered by this article.

The issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the building code or other city ordinances.

No commercial business shall begin operating until all required licenses and permits have been issued.

Penalties.

Any person who shall violate any provision of this chapter for which no other penalty is set forth shall be subject to the penalty set forth in section 1.01.009 of this code.

(Ordinance 661 adopted 12/5/11; Ordinance 671 adopted 9/4/12; Ordinance 671 adopted 6/24/19)

§ 14.02.053 Amendments to the zoning map and text.

Purpose of amendments.

The purpose of an amendment procedure is to provide for changes in the text of this article (text amendment) and to change the boundaries of zoning districts (rezoning) shown on the official zoning map. Since these regulations represent the city’s effort to provide for the orderly development of the community, no change shall be made in these regulations except:

To correct an error in the regulations or map;

To recognize changed or changing conditions or circumstances in a particular locality or area; or

To recognize a change in public plans or policies that affect the property.

Comprehensive planning process controlling.

No amendment shall be made to this article which is not in compliance with the city’s officially adopted long-range comprehensive planning program.

Applicant qualifications.

Any person, or corporation, or an authorized agent interested in any property, may initiate proceedings to allow the consideration of a change in the zoning classification of such property or to the regulations pertaining to said property. In the event that ownership as stated on the application and as shown on city records is different, the applicant shall submit proof of ownership or legal standing to submit the application. The fees for permits required under this section are located in section B14.02.052 of the code compliance fee schedule located in appendix B of this code and are adopted herein as stated.

The planning and zoning commission or city council may, on its own motion, initiate proceedings to consider a change in the zoning on any property or to the regulations pertaining to property, when it finds that the public interest would be served by consideration of such a request.

Application form.

Each application for a text amendment or rezoning shall be made in writing on a form provided by the city manager and shall be filed with the city manager. Each application shall be accompanied by payment of the appropriate fee. An application for a rezoning shall also include plans and drawings in a form acceptable to the city manager and containing sufficient information necessary to determine the impact on properties affected by the rezoning request.

Scheduled dates and notification; rezoning applications.

Upon receipt of a complete application for a rezoning, the city manager shall set a date for a public hearing before the planning and zoning commission and the city council. Not less than 10 days before the public hearing, written notice shall be sent to all owners of real property, as indicated on the most recently approved municipal tax roll, located within 200 feet of the property to be rezoned, provided, however, that notice for zoning change requests for AR, R-1, R-2, or R-3 districts shall be sent to all owners of real property as indicated on the most recently approved municipal tax roll, located within 500 feet of the property to be rezoned. The notice may be served by its deposit in the United States mail, within the city, properly addressed with postage paid.

No later than the 15th day before the public hearing, notice of the hearing shall be published in an official newspaper or a newspaper of general circulation in the city.

In addition to the foregoing notice, the city shall provide written notice of each public hearing regarding any proposed adoption of or change to a zoning regulation or boundary under which a current conforming use of a property is a nonconforming use if the regulation or boundary is adopted or changed. The notice shall:

Be mailed by United States mail to each owner of real or business personal property where the proposed nonconforming use is located as indicated by the most recently approved municipal tax roll and each occupant of the property not later than the 10th day before the hearing date;

Contain the time and place of the hearing; and

Include the following text in bold 14-point type or larger:

"THE CITY OF GIDDINGS, TEXAS, IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY."

Scheduled dates and notification; text amendment applications.

Upon receipt of a complete application for a text amendment, the city manager shall set a date for a public hearing before the planning and zoning commission. No later than the 15th day before the public hearing, notice of the hearing shall be published in an official newspaper or a newspaper of general circulation in the city without the necessity for notifying property owners by mail.

Withdrawal of application.

Prior to the issuance of the notice of a public hearing before the planning and zoning commission and city council, the applicant may, by written notice to the city manager, withdraw the application or request rescheduling of the public hearing to a later regular meeting date. Once public notice is given, the applicant may withdraw the application or request for rescheduling only with the approval of the city council. The city council may reject a request to withdraw an application or request to reschedule and conduct the public hearing as stated in the notification and take action as appropriate within the context of the public notice provided.

Planning and zoning commission report.

After a public hearing has been held the planning and zoning commission shall submit a report to the city council with a recommendation that the application be approved, approved with amendments and conditions, tabled, or denied. The vote of the planning and zoning commission at the conclusion of a public hearing and the minutes pertaining thereto, shall constitute the commission’s final report to the city council.

Protests.

In the event a protest to an application is filed with the city secretary, duly signed and acknowledged, by the owners of either:

Twenty percent or more of the area of the lots or land covered by the proposed change; or

Twenty percent or more of the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from such area; such application shall not become effective except by affirmative vote of 3/4 of the city council. In computing the percentage of land area to be considered, the area of streets and alleys shall be included.

Approval and execution of changes.

If finally approved by the required number of votes of the city council, the ordinance shall be executed by the mayor.

Expiration of an application.

Any pending application shall automatically expire if no action of any kind has been taken on it by the city council for a period of one year. If no ordinance granting a zoning change in accordance with this division has been adopted within six months of the date on which the city council voted approval of an application, such application shall be automatically placed on the city council agenda for further consideration.

(1999 Code, sec. 153.022; Ordinance 606 adopted 5/7/07; Ordinance 701 adopted 7/14/14; Ordinance 671 adopted 6/24/19; Ordinance 899 adopted 1/10/2025)

§ 14.02.054 Conditional use permit criteria and procedures.

Purpose.

The purpose of the conditional use permit process is to identify those land uses which may be appropriate within a zoning district but, due to either their location, function, or operation, could have a potentially harmful impact on adjacent properties or the surrounding area; and to provide for a procedure whereby such uses may be permitted by further restricting or conditioning them so as to mitigate or eliminate such adverse impacts.

Authorization of planning and zoning commission.

The planning and zoning commission shall make a report to the city council which shall recommend approval or denial of a conditional use permit for a use in any district in which such use is authorized under this article, following proper application, and after notice to affected landowners and public hearing, in accordance with the procedures and criteria herein established.

Issuance imitations and forms required.

No certificate of occupancy or building permit for a purpose authorized only as a conditional use within a zoning district shall be issued unless the applicant obtains a conditional use permit from the city council. The application for a conditional use permit shall be submitted on a form provided by the code enforcement officer and accompanied by a site plan in a form acceptable to the city manager. The planning and zoning commission may require additional information or plans as necessary and appropriate for review. The fees for permits required under this section are located in section B14.02.052 of the code compliance fee schedule located in appendix B of this code and are adopted herein.

Procedures.

The procedures associated with the review and approval or denial of a conditional use permit shall be the same as those associated with a zoning map amendment, as described in section 14.02.053. In addition to the procedure for obtaining a conditional use permit as permitted by this section, the code enforcement officer may issue a conditional use permit for a property in an approved zoning district upon application and payment of the conditional use permit fee if the following conditions exist:

Owner(s) of real property within 1,000 feet of the property for which a conditional use permit is sought have been advised, by mail or in person by the code enforcement officer, of the application; and

Such property owner(s) have been advised that they may object to the application at a public hearing and the failure to file a written objection with the code enforcement officer within 15 days from the date of the notice may allow the approval of the conditional use permit without a hearing; and

No landowner has objected in writing to the conditional use permit application within 15 days from the date the notice to landowners is mailed or personally delivered by the code enforcement officer.

If a written objection is filed with the code enforcement officer, the procedure for obtaining a conditional use permit shall be as otherwise set forth herein.

Criteria for approval.

The planning and zoning commission shall recommend denial of a conditional use if it finds that the proposed use:

Does not conform with applicable regulations and standards established by this article;

Is not compatible with existing or permitted uses on abutting sites, in terms of use, building height, bulk and scale, setbacks and open spaces, landscaping, drainage, or access and circulation features;

Potentially creates greater unfavorable effects or impacts on other existing or permitted uses on abutting sites than those which reasonably may result from the use of the site by a use permitted by right;

Adversely affects the safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area;

Fails to reasonably protect persons and property from erosion, flood or water damage, fire, noise, glare, odors, and similar hazards or impacts;

Adversely affects traffic control or adjacent properties by inappropriate location, lighting, or types of signs;

Fails to provide adequate and convenient off-street parking and loading facilities;

Fails to conform with the objectives and the purpose of the zoning district in which the development is located, and the goals, objectives, and policies, contained in the city’s long-range comprehensive planning process;

Will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, for reasons specifically articulated by the commission; or

The premises or structure(s) are not suitable for the proposed conditional use.

Site plans.

Site plans may be required by the planning and zoning commission as a part of the conditional use permit review process. Conditional use site plans considered by the planning and zoning commission shall be approved only after the planning and zoning commission finds that the proposed development, if completed as proposed, will comply with all applicable provisions of this article and all conditions deemed necessary.

Authorization to establish conditions.

The planning and zoning commission may recommend, and the city council may establish such conditions of approval as are necessary to assure that the proposed land use meets the criteria set forth in this article which may include without limitation requirements for special yards, lot sizes, open spaces, buffers, fences, walls or screening; requirements for installation and maintenance of landscaping or erosion control measures; requirements for street improvements, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; establishment of development schedules or time limits for performance or completion; and such other reasonable conditions as the city council may deem necessary to insure compatibility with surrounding uses and to preserve the public health, safety, and welfare.

Agreement to abide by conditions prior to issuance.

No conditional use permit shall be granted unless the applicant, owner or grantee of the conditional use permit shall accept and agree to be bound by and comply with the written requirements of the conditional use permit, as attached to the site plan drawing (or drawings) and approved by the city council. The code enforcement officer shall maintain a record of all conditional use permits granted by the city.

Validity of a conditional use permit.

A conditional use permit shall remain valid until such time as one of the following actions is taken:

The property is rezoned;

Another conditional use permit is approved for the site; or

The use of the premises changes and such a change is authorized by the issuance of a new certificate of occupancy.

Nonsubstantial changes.

No building, premises, or land used under a conditional use permit may be substantially changed unless a new conditional use permit is granted for the change. In the event a change is determined by both the city manager and the code enforcement officer to be nonsubstantial, the city manager may approve the change. The city manager shall maintain a record of all such determinations and shall appraise the planning and zoning commission of such determinations.

(1999 Code, sec. 153.023; Ordinance 671 adopted 6/24/19)

§ 14.02.055 New and unlisted land uses.

Procedure to facilitate land use classification.

It is recognized that new types of land use will develop and that forms of land use not presently anticipated may seek to locate in the city. New or unlisted forms of land use shall not include those land uses that can reasonably be interpreted as being similar to permitted or conditional uses already listed in the district regulations for the district in which the new use is to be located, or in the land use regulation matrix found at the end of sections 14.02.111 through 14.02.123. In order to provide for such changes and contingencies where new or unlisted land uses are not specified as a permitted use or a conditional use in any zoning district, a determination as to the appropriate classification of any new or unlisted form of land use shall be made in accordance with the terms of this section.

Classification rulings; board of adjustment.

The city manager shall refer questions concerning any new or unlisted use to the board of adjustment requesting an interpretation as to the zoning district into which such use should be placed. The referral shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwellings, sales, processing, type of product, storage, anticipated employment, transportation system requirements, the general requirements for public utilities such as water and sanitary sewer, and other information deemed necessary to assist the board of adjustment in its deliberations.

Board of adjustment to make determination.

The board of adjustment shall hold a public hearing for the purpose of considering the nature and characteristics of the proposed use and its compatibility with the uses permitted in the various districts, and shall determine the zoning district or districts within which such use is most similar and should be permitted.

Incorporation of rulings into the zoning text.

Written records of the rulings of the board of adjustment pertaining to land use classification shall be maintained by the city manager. The city manager shall regularly update the provisions of this article’s text by incorporating said rulings into the written text.

(1999 Code, sec. 153.024)

§ 14.02.056 Nonconformance.

Purpose.

Within the districts established by this article or amendments thereto, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this article was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not conform to the regulations of the district in which they are located. It is the intent of this section of this article to permit such nonconformance to continue, under regulations herein contained, until the same are removed, but not to encourage their survival.

Nonconformance incompatible.

Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

Enlargement prohibited.

It is further the intent of this article that nonconforming uses shall not be enlarged upon, expanded, or extended, nor be used as a basis for adding other structures or uses prohibited elsewhere in the same district. Except as herein provided, no nonconforming use of land or buildings nor any nonconforming structure shall be enlarged, changed, altered, or repaired except in conformity with the regulations contained in this division.

Nonconformance status.

Any use or structure which does not conform with the regulations contained in the zoning district in which it is located is deemed to be a legal nonconforming use when:

The use or structure was in existence and lawfully operating at the time of the passage of this article, and has since been in regular and continuous use; or

The use or structure was lawfully being used at the time of the adoption of any amendment to this article and by such amendment was placed in a district where it is not otherwise permitted; or

The use or structure was in existence at the time of annexation to the city and has since been in regular and continuous use.

Continuing lawful use of property.

The lawful use of land existing at the time of the passage of this article, although it does not conform to the provisions herein, may be continued until termination is required in accordance with the provisions of this division. During the period between designation as a nonconforming land use activity and notification of a prescribed termination date, if discontinuance occurs, any future use of the premises must be in conformity with the general provisions of this article.

A legal nonconforming use, when discontinued or abandoned, cannot be resumed. Prima facie evidence of discontinuance or abandonment is as follows:

When land associated with a legal nonconforming use ceases to be used in such a manner for a period of 180 consecutive days.

When a structure associated with a nonconforming use ceases to be used in such a manner for a period of 180 consecutive days.

Abandonment of a nonconforming use shall be determined by the board of adjustment and may include a consideration of the following factors in addition to the prima facie evidence of abandonment cited in subsection (e)(2), above:

The intent of the owner; or

The apparent act of discontinuance as supported by evidence submitted to the board of adjustment.

Development of nonconforming lots.

Nonconforming lots which do not meet the minimum area, width, or depth requirements for the district wherein they are located may be used and developed if the planning and zoning commission finds that all other requirements of this article are fulfilled.

Proof of legal nonconformance.

It shall be the responsibility of the owner, operator, or occupant to provide proof that a nonconforming structure or use of land or building existed prior to the enactment of this article.

Restoration of damaged property.

Nothing in this division shall prevent the restoration of a building destroyed by fire, explosion, or other casualty or act of God, or public enemy, nor the continued occupancy or use of such a building or part which existed at the time of such destruction. However, the preceding allowance for the restoration of damaged nonconforming property has no bearing on compensation for the termination of nonconformance as described in this division.

Substitution of nonconforming uses or structures prohibited.

No nonconforming use or structure may be substituted for any other nonconforming use or structure. Only the exact type of nonconforming use which existed on the property on the date of the adoption of this article, or uses permitted by right, or approved conditional uses may be substituted for nonconforming uses or structures.

Enlargement of nonconformance prohibited.

No nonconforming use or structure may be extended or enlarged, and no nonconforming use of land may be enlarged or increased, to occupy a greater area of land than was occupied at the time the site achieved nonconforming status.

Impact of sale or lease of property on nonconformance.

The sale or lease of a legally nonconforming parcel of property or structure shall in no way limit the use of that property or structure for its legally nonconforming use or activity. However, all other provisions of this division and this article shall apply.

Survey and certification.

The code enforcement officer shall be responsible for the production of an annual survey and report on the status of zoning nonconformance in the city. The officer's report shall be sent to the planning and zoning commission at its first regular meeting of the official municipal year. The commission shall review the report and shall approve or reject the certification of each site that the officer has identified as being nonconforming. Once certified by the commission as legally nonconforming, a site shall be given an alphanumeric designation for future reference.

Termination of nonconformance.

The right to use a parcel of land or a structure in a nonconforming manner shall terminate under any of the following circumstances:

When the use is abandoned.

When any provision of this or any other ordinance of the city is violated.

When a nonconforming use is changed to a conforming use by means of amendment to the zoning text or map.

Compensation for non-conforming uses.

The board of adjustment, in accordance with section 211.019 of the Texas Local Government Code, as amended, shall utilize the procedures and owner or lessee compensation criteria contained in said section in the event the city determines that a nonconforming use of property shall cease.

(1999 Code, sec. 153.025; Ordinance 899 adopted 1/10/2025)

§ 14.02.057 Zoning of annexed areas.

Plan required prior to annexation. It shall be the responsibility of the planning and zoning commission to prepare a land use and zoning plan for any area to be annexed by the city. City council shall review, modify if necessary, and adopt said plan. After annexation, said area shall be zoned in accordance with the aforementioned plan and the land use plan for the annexed area shall become an integral component of the city’s comprehensive planning program.

(1999 Code, sec. 153.026)

§ 14.02.058 Official zoning map.

Official zoning map established.

The boundaries of the zoning districts established within the city shall be drawn on an official zoning map, adopted as part of this article, and incorporated as a part of this article by this reference thereto.

Location of the official zoning map.

One original of the official zoning map shall be filed in the office of the city secretary and labeled as the official zoning map of the city. This copy shall be the official zoning map and shall bear the signature of the mayor and attestation of the city secretary. This map shall not be changed in any manner except by ordinance. In case of any questions regarding boundary interpretation or land use classification, this map, together with any amending ordinances, shall be controlling.

City manager to retain copy.

A copy of the original official zoning map shall be placed in the office of the city manager. Said copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments. Reproductions of the official zoning map may be made for informational purposes.

(1999 Code, sec. 153.027)

§ 14.02.059 Zoning text and map interpretation.

Primary interpretation; code enforcement officer.

The code enforcement officer shall be the individual primarily responsible for the interpretation of the text of this article and the official zoning map. If the code enforcement officer determines that the meaning of a word or a provision is unclear, or that the application of same to a particular circumstance is uncertain, then the code enforcement officer shall provide a written statement of interpretation, specifying the reasons supporting the interpretation. Unless the interpretation is revised by the board of adjustment, city manager, or modified by amendment to this article, the interpretation of the code enforcement officer shall be presumed to be correct.

Ultimate interpretations; board of adjustment.

An interpretation by the code enforcement officer may be appealed to the board of adjustment in accordance with the provisions set forth in this article. The code enforcement officer may request an interpretive ruling from the board of adjustment by placing the request on the appropriate agenda of the board.

Official zoning map interpretation.

The zoning district boundary lines shown on the zoning district map usually follow streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerline.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

Boundaries indicated as approximately following city limits shall be construed as following city limits.

Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines.

Boundaries indicated as parallel to or extensions of features indicated in subsections (c)(1) through (c)(4) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

Whenever any street, alley, or other public way is vacated by official action of the city council or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the centerline of such vacated street, alley, or way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street unless as a condition of zoning approval it is stated that the zoning classification shall not apply to the street.

Permanent zoning changes made after the date of passage of this article shall be indicated in approximate locations on the official zoning map. Individuals seeking exact legal descriptions, shall be referred to the adopting ordinance amendment for each particular permanent zoning change.

(1999 Code, sec. 153.028)

§ 14.02.060 Annual recodification required.

City manager responsible for recodification.

It shall be the responsibility of the city manager to annually update this article. All amendments to the text or the map of this article shall be incorporated in said annual recodification. Each new entry or modification [of] this article shall include an annotation as to the date at which such change occurred.

Article format.

This article shall be maintained and updated in a three-ring binder format.

(1999 Code, sec. 153.029)

§ 14.02.061 Fees.

Fee schedule.

Fees for zoning amendments, conditional use permits, and any other permits or review procedures associated with this article are located in appendix B of this code in the code compliance fee schedule.

Waiver of fees.

The city council, upon a vote of the majority of members present, may waive the fee for an amendment, conditional use permit, or any other permit or review procedure associated with this article. However, fees may be waived only in the case of extreme hardship on the applicant or in cases where a submission of a zoning action is required by the planning and zoning commission or the board of adjustment.

Attributable fees.

All fees attributable to nonstaff consultants such as a city attorney, city engineer, contract inspector, and other similar contract personnel shall be payable by the applicant. Failure to pay such fees shall suspend or nullify the review or approval of an application until such fees are paid in full.

(1999 Code, sec. 153.030; Ordinance 671 adopted 6/24/19)

§ 14.02.111 AR agricultural/residential district.

Description.

The AR agricultural/residential district is intended to retain the open character of the land. This district is primarily designed for those areas on the periphery and within the city which have soils most suitable for agricultural production. Agricultural activities are frequently associated with noise, odors, dust, aerial chemical spraying, and other activities generally incompatible with urban life. However, agriculture forms a vital segment of both the state and local economy. Therefore, it is the purpose of the AR district to provide areas of low density development to accommodate land uses within a district which will have the least negative impacts on agriculture. Developmental standards within the AR district are designed to provide for a high quality of life while effectively reducing the need for extensive urban infrastructure and associated public facilities. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies associated with the city’s comprehensive planning program.

Uses permitted by right.

Please see section 14.02.123.

Conditional uses.

Please see section 14.02.123.

Area regulations.

For a comprehensive review of area regulations pertaining to all zoning districts, please see section 14.02.122.

Lot area.

All lots located in the AR agricultural/residential district shall have not less than two acres of land.

Lot width.

Each lot in an AR agricultural/residential district shall be no less than 200 feet in width.

Lot depth.

Each lot in an AR agricultural/residential district shall have not less than 200 feet of depth.

Residential density.

Density in an AR agricultural/residential district shall not exceed one primary dwelling unit per lot.

Front yard.

Each lot in an AR agricultural/residential district shall have a front yard of not less than 50 feet.

Rear yard.

Each lot in an AR agricultural/residential district shall have a rear yard of not less than 50 feet.

Side yard.

Each lot in an AR agricultural/residential district shall have side yards of not less than 25 feet.

Lot coverage.

Impervious site cover on an AR agricultural/residential district lot shall not exceed 30% of the lot.

Height.

No structure on an AR agricultural/residential district lot shall exceed 45 feet in height.

(1999 Code, sec. 153.040)

§ 14.02.112 R-1 single-family residential district.

Description.

This district is primarily intended for single-family detached residential dwellings and related religious, educational, and recreational facilities normally required to provide the basic elements of a balanced and attractive neighborhood. These areas are intended to be separated and protected from the encroachment of land use activities which do not perform a function necessary to sustain the residential environment, internal stability, attractiveness, order, efficiency, and security. The maintenance of property values is encouraged through the provision of adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of various land use elements. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies associated with the city comprehensive planning program.

Uses permitted by right.

Please see section 14.02.123.

Conditional uses.

Please see section 14.02.123.

Area regulations.

For a comprehensive review of area regulations pertaining to all zoning districts, please see section 14.02.122.

Lot area.

A lot located in the R-1 single-family residential district shall have not less than 5,000 square feet of area.

Lot width.

A lot located in the R-1 single-family residential district shall have not less than 50 feet of width or frontage.

Lot depth.

A lot located in the R-1 single-family residential district shall have not less than 100 feet of depth.

Residential density.

Density in a R-1 single-family residential district shall not exceed a density of one primary dwelling unit per lot.

Front yard.

Each lot in a R-1 single-family residential district shall [have] a front yard of not less than 15 feet.

Rear yard.

Each lot in a R-1 single-family residential district shall have a rear yard of not less than 25 feet, provided, however, that accessory buildings shall have a rear yard of not less than five feet measured from the eaves or overhang to the property line.

Side yard.

Each lot in a R-1 single-family residential district shall have side yards of not less than five feet on each side measured from the eaves or overhang to the property line. Side yard setback requirements shall additionally be subject to the SBCCI Standard Building Code [International Building Code] as adopted by the city and incorporated in this code.

Lot coverage.

Impervious site cover on a R-1 single-family residential district lot shall not exceed 50% of the lot.

Height.

No structure in a R-1 single-family residential district shall exceed 35 feet in height.

(1999 Code, sec. 153.041)

§ 14.02.113 R-2 multifamily residential district.

Description.

This district is primarily designed for two-family attached residential dwellings, and related religious, educational, and recreational facilities normally required to provide the basic elements of a balanced and attractive neighborhood. These areas are intended to be separated and protected from the encroachment of land use activities which do not perform a function necessary to sustain the residential environment, internal stability, attractiveness, order, efficiency, and security. The maintenance of property values is encouraged through the provision of adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of various land use elements. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies associated with the city’s comprehensive planning program.

Uses permitted by right.

Please see section 14.02.123.

Conditional uses.

Please see section 14.02.123.

Area regulations.

For a comprehensive review of area regulations pertaining to all zoning districts, please see section 14.02.122.

Lot area.

A lots located in the R-2 multifamily residential district shall have no less than 8,000 square feet.

Lot width.

A lot located in the R-2 multifamily residential district shall have not less than 80 feet of width or frontage.

Lot depth.

A lot located in the R-2 multifamily residential district shall have not less than 100 feet of depth.

Residential density.

Density in a R-2 multifamily residential district shall not exceed a density of 12 dwellings per acre.

Front yard.

Each lot in a R-2 multifamily residential district shall [have] a front yard of not less than 25 feet.

Rear yard.

Each lot in a R-2 multifamily residential district shall have a rear yard of not less than 25 feet, provided, however, that accessory buildings shall have a rear yard of not less than five feet measured from the eaves or overhang to the property line.

Side yard.

Each lot in a R-2 multifamily residential district shall have side yards of not less than five feet on each side measured from the eaves or overhang to the property line. Side yard setback requirements shall additionally be subject to the SBCCI Standard Building Code [International Building Code] as adopted by the city and incorporated in this code.

Lot coverage.

Impervious site cover on a R-2 multifamily residential district lot shall not exceed 50% of the lot.

Height.

No structure in a R-2 multifamily residential district shall exceed 35 feet in height.

(1999 Code, sec. 153.042)

§ 14.02.114 R-3 multifamily residential district.

Description.

This district is primarily intended for multiple-family dwellings consisting of townhouses, rowhouses, garden apartments, and other similar medium density designs, along with related religious, educational, and recreational facilities normally required to provide the basic elements of a balanced and attractive neighborhood. The purpose of the R-3 district is to provide for a higher density residential district with a more diverse mixture of residential and associated land uses. In order to accommodate higher densities, a greater use of open space and recreational areas is required within this district. Projects in this district are intended for locations along or near designated arterial streets to accommodate the higher traffic generation of uses within the district. These areas are intended to be separated and protected from the encroachment of land use activities which do not perform a function necessary to sustain the residential environment, internal stability, attractiveness, order, efficiency, and security. The maintenance of property values is encouraged through the provision of adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of various land use elements. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies associated with the city comprehensive planning program.

Uses permitted by right.

Please see section 14.02.123.

Conditional uses.

Please see section 14.02.123.

Area regulations.

For a comprehensive review of area regulations pertaining to all zoning districts, please see section 14.02.122.

Site area.

A site located in the R-3 multifamily residential district shall have not less than 10,000 square feet.

Site width.

A site located in the R-3 multifamily residential district shall have not less than 100 feet of width or frontage.

Site depth.

A site located in the R-3 multifamily residential district shall have not less than 100 feet of depth.

Residential density.

Density in a R-3 multifamily residential district shall not exceed 16 dwelling units per acre.

Front yard.

Each site in a R-3 multifamily residential district shall [have] a front yard of not less than 25 feet.

Rear yard.

Each site in a R-3 multifamily residential district shall have a rear yard of not less than 25 feet.

Side yard.

Each site in a R-3 multifamily residential district shall have side yards of not less than 25 feet on each side.

Site coverage.

Impervious site cover on a R-3 multifamily residential district lot shall not exceed 50% of the lot.

Height.

No structure in a R-3 multifamily residential district shall exceed 35 feet in height.

(1999 Code, sec. 153.043)

§ 14.02.115 MH manufactured housing district.

Description.

This district is intended to serve as a residential zone that will meet the needs of persons living in manufactured housing. The primary use of land in the MH district is for manufactured homes, [and] other related religious, educational, and recreational facilities normally required for the provision of a balanced and attractive neighborhood. These areas are intended to be separated and protected from the encroachment of land use activities which do not perform a function necessary to sustain the residential environment, internal stability, attractiveness, order, efficiency, and security. The maintenance of property values is encouraged through the provision of adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of various land use elements. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies associated with the city’s comprehensive planning program.

Uses permitted by right.

Please see section 14.02.123.

Conditional uses.

Please see section 14.02.123.

Area regulations.

For a comprehensive review of area regulations pertaining to all zoning districts, please see section 14.02.122.

Site area.

A site for a MH manufactured home district shall contain not less than two acres in size.

Lot area.

A lot located in the MH manufactured home district shall have not less than 6,000 square feet of area.

Lot width.

A lot located in the MH manufactured home district shall have not less than the width of the manufactured home, including porches, decks, and any structural additions thereto, plus ten feet on each side for the minimum lot width.

Lot depth.

A lot located in the MH manufactured home district shall have not less than the length of the manufactured home, including porches, decks, and any structural additions thereto, plus 25 feet for the front yard and 25 feet for the rear yard for the minimum lot depth.

Residential density.

Density in a MH manufactured home district shall not exceed a density of one primary dwelling unit per lot.

Front yard.

Each lot in a MH manufactured home district shall [have] a front yard of not less than 25 feet.

Rear yard.

Each lot in a MH manufactured home district shall have a rear yard of not less than 25 feet.

Side yard.

Each lot in a MH manufactured home district shall have side yards of not less than 10 feet on each side.

Lot coverage.

Impervious site cover on a MH manufactured home district lot shall not exceed 50% of the lot.

Height.

No structure in a MH manufactured home district shall exceed 35 feet in height.

In-migration of additional mobile homes prohibited.

On and after the effective date of the adoption of this article, no additional mobile homes, recreational vehicles, or travel trailers will be permitted to locate within the city, except that travel trailers and recreational vehicles may be placed in presently existing licensed and lawful mobile home parks. It shall be lawful for an individual to store a recreational vehicle or travel trailer within the city as long as the recreational vehicle or travel trailer is not used for any purpose except storage. No connections for utility service shall be made for such temporarily stored recreational vehicle or travel trailer.

Location of manufactured homes.

Manufactured homes and modular homes shall be permitted to locate as a matter of right in MH manufactured home districts and as a conditional use in AR agricultural/residential, R-1 single-family residential districts, and R-2 multifamily residential districts, but conditioned as follows:

All manufactured housing shall be permanently affixed to the lot by means of a permanent foundation or by “blocking” and “tiedowns” which are approved by the code compliance official, and in accordance with the Texas Manufactured Housing Standards Act.

All manufactured homes shall be skirted and have any and all wheels and axles screened from public view. The code compliance official shall approve screening material before placement around the manufactured home.

In-migration of manufactured homes into the city shall be additionally restricted as follows:

Only new manufactured homes shall be considered for conditional use permitted placement in R-1, R-2, and AR areas of the city.

Manufactured homes may be placed and maintained only on property owned by the conditional use permit applicant.

Manufactured homes permitted to in-migrate into the city may not be used as rental property. Manufactured homes permitted by conditional use to in-migrate into the city shall constitute the permanent residence of the conditional use permit applicant and the applicant shall reside in such manufactured home.

Conditional use permits for manufactured homes shall be subject to the provisions of section 14.02.054 regarding conditional use permit criteria and procedures generally and, additionally, notice shall be given to real property owners within 400 feet of the perimeter of the property for which a conditional use permit is sought instead of the 200 feet as set forth in section 14.02.054(d)(1)(A).

Existing mobile homes.

Manufactured homes, mobile homes, modular homes, or travel trailers which are located within the city on the day that this article becomes effective and which are not located in an MH manufactured home zoning district shall become legal nonconforming land uses. Replacement of legal nonconforming manufactured homes, mobile homes, or travel trailers shall be permitted only if the replacement home is a manufactured home, and is replaced within 90 days after the removal of the legal nonconforming manufactured home or travel trailer.

Existing mobile home or manufactured home lots.

After a mobile home, modular home, travel trailer, or manufactured home has been removed from a lot and not timely replaced, said lot shall be used only for purposes allowed by its associated current zoning classification at that time.

Retroactive effect.

This division is not intended to abrogate or annul any permit or license issued or agreement made by the city council prior to the effective date of this section with respect to the location of a manufactured home, mobile home, travel trailer, or mobile home park, or the operation of a mobile home park.

Construction standards adopted.

The provisions of the Manufactured Housing Standards Act, V.T.C.A., Occupations Code, ch. 1201, and any amendments thereto, are adopted by the city together with the regulations promulgated by authority of said act by the state department of housing and community affairs as the same pertain to the manufacture and installation of manufactured housing.

The provisions of this section do not otherwise exempt manufactured homes, mobile homes, travel trailers, recreational vehicles, and modular homes from complying with other provisions within the city Code of Ordinances, including but not limited to the city Standard Building Code [International Building Code] and the Standard Housing Code [International Residential Code]. Provided, however, that nothing within the Code of Ordinances shall restrict or limit the period of time that travel trailers can or must remain within mobile home parks in the city.

Liability of the city.

Neither the city nor any authorized agent of the city acting under the terms of this code shall be liable or have any liability by reason of orders, permits, or licenses issued, or work done under the terms of this code.

Existing mobile home parks.

Mobile home parks which are located within the city on the day that this article becomes effective shall become MH manufactured home zoning districts. Existing mobile home parks shall be licensed as set forth below:

License required.

It shall be unlawful for any person to maintain or operate a mobile home park within the city unless such person shall first obtain a license therefor.

Application.

A written application for a license to operate and maintain a mobile home park shall be filed with the city building official, with appropriate attachments, and signed by the applicant, and shall include the following information:

Applicant’s name and mailing address.

Location and legal description of the land area of the proposed park, with a plat attached showing the size and configuration of the land area.

The complete plans and specifications of the park including all buildings, public and private driveways designations, and other improvements constructed or to be constructed, in conformity with the park plan requirements contained in section 14.02.115(o) [14.02.115(p)].

Such further information as may be requested by the building inspector to enable him to determine if the proposed park will comply with legal requirements.

Application processing fee.

Upon the filing of the application, the applicant shall pay to the city the sum as provided in section B14.02.115 of the code compliance fee schedule in appendix B of this code, to help pay the cost of processing the application.

Expiration, renewal or transfer of license.

All licenses issued under the terms as set forth herein shall expire on December 31, following the issuance date.

Any license issued to operate a mobile home park shall be renewed by the city upon payment of the annual license fee by the licensee.

A request for transfer of a license shall be filed in writing with the building official. Upon inspection of the park by the building official and with the city manager’s approval, the city shall issue a transfer of license upon receipt of the transfer fee.

Fees.

The annual license fee for a mobile home park shall be as provided in section B14.02.115 of the code compliance fee schedule in appendix B of this code.

The fee for each mobile home park license transferred from one person to another shall be as provided in section B14.02.115 of the code compliance fee schedule in appendix B of this code[.]

Revocation.

The license issued to maintain or operate a mobile home park may be revoked when the licensee has been found guilty by a court of competent jurisdiction of violating any provisions of this code and after a public hearing is held before the city council according to written notice given to the licensee at least 10 days prior to the hearing. The license may be reissued if the circumstances leading to the conviction of the licensee have been remedied to the satisfaction of the city council, and the mobile home park in question is being operated and maintained in full compliance with the provisions of this code, other ordinances, state and federal law.

Park plans, specifications, operations and maintenance.

Existing mobile home parks shall conform to the requirements of this subsection:

Drainage.

The park shall be located on a well-drained site, with any drainage easement right-of-way, if existing, properly graded to ensure rapid drainage and the absence of stagnant pools of water.

Spaces and clearance.

The respective park plans shall provide for manufactured home or travel trailer spaces that conform to recognized standards. The spaces shall be at least 30 feet wide and be clearly delineated in each park according to the plat plan. The manufactured home or travel trailer shall be so located on each space provided whereby there shall be at least a 20-foot clearance between the manufactured homes or the travel trailers, with respect to being parked side to side or end to end.

Setback requirements.

No manufactured home or travel trailer shall be located closer than 10 feet to any building within the respective park, or to any property line of the park which does not abut upon a public street, alley, road or highway. No manufactured home or travel trailer shall be located closer than 25 feet to any property line abutting upon a public street, road or highway, or property line abutting upon a public street, road or highway, or such distance as may be established by other provisions of this code or other ordinances of the city as a front yard or setback requirement with respect to conventional buildings or established building lines in the area contiguous to the mobile home park.

Off-street parking.

Off-street parking facilities in the ratio of 1-1/2 spaces for each manufactured home or travel trailer space shall be provided in each mobile home park.

Walkways and driveways.

Walkways not less than 30 inches wide shall be provided from the manufactured home or travel trailer spaces to service buildings within the park. All driveways and walkways within each park shall be hard surfaced and lighted at night with electric lamps of not less than 25 watts each, spaced at intervals of not more than 100 feet. All mobile home or travel trailer spaces shall abut upon a driveway of not less than 20 feet in width, which shall have unobstructed access to a public street, alley or highway.

Electric service.

An electrical service connection of at least a 120/240 volt, single-phase, 100 amperes entrance capacity shall be provided for each manufactured home and travel trailer space. Any electrical connection from the meter to the manufactured home or travel trailer shall be by direct burial and shall follow the rules and regulations as contained in the National Electric Code, the edition of which is in use at the time the manufactured home or travel trailer is connected into the city’s electrical system.

Water supply.

An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings, and to each manufactured home and travel trailer space within the park. Each manufactured home space and travel trailer space shall be provided with a cold water tap at least four inches above the ground.

Sewage disposal.

Waste from showers, bathtubs, flush toilets, urinals, lavatories, slop sinks, and laundry facilities in service and other buildings within any park shall be discharged into a public sewer system in compliance with applicable provisions of this code and other ordinances of the city.

Each manufactured home and travel trailer space shall be provided with a sewer at least four inches in diameter, which shall be connected to receive the waste from the shower, bathtub, flush toilet, lavatory and kitchen sink of the manufactured home harbored in such space and having any such facilities.

Each mobile home park may provide approved sewage disposal dumping facilities for travel trailers to discharge sewage disposal wastes into a public sewer system in lieu of providing each travel trailer space with a sewer at least four inches in diameter.

Barriers.

“Barrier” means a solid fence or wall, a minimum of six feet in height. Where any boundary of a park abuts property with a permanent residential building located within 200 feet of the mobile home park’s boundary, a barrier shall be provided along such boundary.

Cleanliness and sanitation.

The licensee or authorized attendant or caretaker of a mobile home park shall keep the park and its facilities in a clean, orderly, and sanitary condition that will not menace the health of any occupant or constitute a public nuisance. The attendant or caretaker shall be answerable, with the licensee for the violation of any provision of this subsection pertaining to the maintenance and operation of the park.

It shall be the duty of the licensee or attendant or caretaker of any mobile home park to keep a register containing a record of all manufactured home or travel trailer owners and occupants located within the park. The register shall contain the following information:

Mobile home park.

Name of park;

Location and mailing address;

Telephone number; and

Name of licensee and attendant or caretaker.

Manufactured home or travel trailer owner.

Name of owner (and all occupants other than owner);

Business address;

Space or lot number in park;

Date registered in park; and

Home phone number of occupants.

Manufactured home or travel trailer specifications.

Make, model, and year;

Title number;

Serial number;

Color;

Body length and width;

License number and year;

State where licensed;

Single, double, or triple unit (manufactured home only); and

Date of arrival and departure of the unit.

Control of animals and pets.

No owner or person in charge of any dog, cat, or other pet animal shall permit it to run at-large or commit any nuisance within the limits of any mobile home park.

Garbage receptacles.

Either metal or plastic garbage cans with tightfitting covers shall be provided in quantities adequate to permit disposal of all garbage and rubbish within each park. The garbage cans shall be located at each manufactured home space and travel trailer space, and shall be kept in a sanitary condition at all times. Nothing in this section shall be construed to prevent the use by the licensee of the mobile home park of a central refuse container unit of a type capable of automatic unloading by refuse trucks.

Fire protection.

No open fires shall be permitted in the park; however, this shall not be considered so as to prohibit the use of approved, portable charcoal or gas grills or camper-type stoves.

Use of bottled gas and fuel oil.

Bottled gas for cooking purposes shall not be used for individual manufactured homes or travel trailers unless the containers are properly connected by copper or other suitable metallic tubing. The bottled gas cylinders shall be securely fastened in place to the outside of the manufactured home or travel trailer at a location not less than five feet from a door. All state and local regulations applicable to the handling of bottled gas and fuel oil must be followed. This code shall not be construed to repeal any ordinance of the city, or any part thereof, regulating the use of liquefied gas.

Construction to expand manufactured home dwelling space.

It shall be unlawful for any person operating a mobile home park or occupying a manufactured home or travel trailer, to construct or permit to be constructed in such park, or in connection with such manufactured home or travel trailer, any additional structure, building or shelter in connection with or attached to the manufactured home or travel trailer, except that a canvas awning suitably constructed to acceptable standards, may be attached to either a manufactured home or travel trailer, and prefabricated, temporary rooms may be attached to a manufactured home for the express purpose of increasing dwelling space which meet the following requirements:

It shall be constructed of metal only, be fire resistive, double wall, with mechanical joint panels. No welded joints between the panels shall be permitted.

The strength of the materials and structure shall meet the minimum standards of the building code adopted by the city.

It shall be capable of being dismantled and removed from the site at the time the manufactured home to which it is attached is moved.

The finish and appearance shall be as near to the same or in harmony with the design of the manufactured home to which is attached.

The length must not exceed the length of the manufactured home to which it is attached.

Only one additional room per manufactured home shall be permitted.

(17)

City ordinances.

All city ordinances otherwise applicable to other areas of the city, and not in conflict with this division, are also applicable within mobile home parks. All plumbing, electrical, building, and other work on or at any park licensed or permitted under the provisions of this code shall be in conformity with the provisions of this Code of Ordinances, state and federal law, and all rules and regulations regulating such work.

(18)

For the purpose of this section, the term “travel trailer” shall include recreational vehicles.

(1999 Code, sec. 153.044; Ordinance 671 adopted 6/24/19)

§ 14.02.116 NC neighborhood commercial district.

Description.

The NC neighborhood commercial district is designed to facilitate centers which accommodate trade and personal services meeting the basic needs of families residing in areas adjacent to such centers. Requirements for sunlight, natural air circulation, open space, and off-street parking are more restrictive in the NC district because the retail trade and services located within it are intended to become an integral part of the neighborhood and must operate in harmony with other residential, educational, religious and recreational land use activities. Uses allowed in the district are intended to produce a relatively low traffic volume and are not intended to create any noise, lighting, glare, or odors abnormal to a residential environment. No outside storage of goods or materials is allowed. Screening and buffering standards are incorporated to reduce the negative impact of the NC district land uses on abutting residential neighborhoods. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies associated with the city's comprehensive planning program.

Uses permitted by right.

Please see section 14.02.123.

Conditional uses.

Please see section 14.02.123.

Area regulations.

For a comprehensive review of area regulations pertaining to all zoning districts, please see section 14.02.122.

Lot area.

All lots located in the NC neighborhood commercial district shall have not less than 5,000 square feet of area.

Lot width.

Each lot in a NC neighborhood commercial district shall be no less than 50 feet in width.

Lot depth.

Each lot in a NC neighborhood commercial district shall have not less than 100 feet of depth.

Front yard.

Each lot in a NC neighborhood commercial district shall [have] a front yard of not less than 25 feet.

Rear yard.

Each lot in a NC neighborhood commercial district shall have a rear yard of not less [than] 25 feet.

Side yard.

Each lot in a NC neighborhood commercial district shall have side yards of not less than 15 feet.

Lot coverage.

Impervious site cover on a NC neighborhood commercial district lot shall not exceed 60% of the lot area.

Height.

No structure on a NC neighborhood commercial district lot shall exceed 35 feet.

(1999 Code, sec. 153.045; Ordinance 897 adopted 2/10/2025)

§ 14.02.117 CBD central business district.

Description.

This zoning classification is intended for the land use activities located in what has become the readily identifiable commercial and office space center of the city. This district is composed of the original business zone of the city. The common-wall construction so prevalent in this area makes it unnecessary to require conventional side yard, front yard, and residential buffering requirements associated with other zoning districts. The regulations associated with this district are designed to enhance and encourage the viability of city’s urban core. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies associated with the city’s comprehensive planning program.

Uses permitted by right.

Please see section 14.02.123.

Conditional uses.

Please see section 14.02.123.

Area regulations.

For a comprehensive review of area regulations pertaining to all zoning districts, please see section 14.02.122.

Lot area.

All lots located in the CBD central business district shall have not less than 2,500 square feet of area.

Lot width.

Each lot in the CBD central business district shall be no less than 25 feet in width.

Lot depth.

Each lot in the CBD central business district shall have no than less than 100 feet of depth.

Front yard.

None required.

Rear yard.

None required.

Side yard.

None required.

Lot coverage.

Impervious site cover on a CBD central business district lot shall not exceed 95% of the lot area.

Height.

No structure on a CBD central business district lot shall exceed 50 feet.

(1999 Code, sec. 153.046)

§ 14.02.118 GC general commercial.

Description.

The GC general commercial district is designed to accommodate offices and retail activities associated with the major arterial highways and thoroughfare intersections located in the city. The front yard setback, site access, and site design requirements associated with this district are intended to reduce the impact of the heavy vehicular traffic so often present in this district. Screening and buffering standards are incorporated to reduce the negative impact of the GC district land uses on abutting residential neighborhoods. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies associated with the city’s comprehensive planning program.

Uses permitted by right.

Please see section 14.02.123.

Conditional uses.

Please see section 14.02.123.

Area regulations.

For a comprehensive review of area regulations pertaining to all zoning districts, please see section 14.02.122.

Lot area.

All lots located in the GC general commercial district shall have not less than 5,000 square feet of area.

Lot width.

Each lot in a GC general commercial district shall be no less than 50 feet in width.

Lot depth.

Each lot in a GC general commercial district shall have not less than 100 feet of depth.

Front yard.

Each lot in a GC general commercial district shall [have] a front yard of not less than 25 feet.

Rear yard.

Each lot in a GC general commercial district shall have a rear yard of not less [than] 25 feet.

Side yard.

Each lot in a GC general commercial district shall have side yards of not less than 15 feet.

Lot coverage.

Impervious site cover on a GC general commercial district lot shall not exceed 65% of the lot area.

Height.

No structure on a GC general commercial district lot shall exceed 35 feet.

(1999 Code, sec. 153.047)

§ 14.02.119 AU adult uses district.

Description.

A number of findings from cities in Texas and other states (Michigan, Washington, and Virginia, among others) indicate that the concentration of certain sexually oriented business or so-called “adult entertainment” business tends to result in the blighting and deterioration of areas of such concentration. Accordingly, it is necessary that these businesses be regulated so that they have the least negative impact on residential neighborhoods, educational institutions, religious institutions, and the public. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies associated with the city’s comprehensive planning program.

Uses permitted by right.

Please see section 14.02.123.

Conditional uses.

Please see section 14.02.123.

Area regulations.

For a comprehensive review of area regulations pertaining to all zoning districts, please see section 14.02.122.

Lot area.

All lots located in the AU adult uses district shall have not less than 10,000 square feet in area.

Lot width.

Each lot in an AU adult uses district shall be no less than 100 feet in width.

Lot depth.

Each lot in an AU adult uses district shall have not less than 115 feet in depth.

Front yard.

Each lot in an AU adult uses district shall have a front yard of not less than 25 feet.

Rear yard.

Each lot in an AU adult uses district shall have a rear yard of not less [than] 25 feet.

Side yard.

Each lot in an AU adult uses district shall have side yards of not less than 15 feet.

Lot coverage.

Impervious site cover on an AU adult uses district lot shall not exceed 60% of the lot area.

Height.

No structure on an AU adult uses district lot shall exceed 35 feet.

Additional regulations.

Please see sections 14.02.171 through 14.02.176.

(1999 Code, sec. 153.048)

§ 14.02.120 LM light manufacturing district.

Description.

This district is intended to serve the needs of manufacturing, fabrication, assembling, warehousing and wholesaling businesses. Because of the potential environmental problems inherent in manufacturing processes, stringent performance standards are made applicable to this district. It is intended that industrial areas in the city reflect a campus orientation with large lot design and substantial landscaping. Screening and buffering standards are incorporated to reduce the negative impact of the PS [LM] district land uses on abutting residential neighborhoods. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies associated with the city’s comprehensive planning process.

Uses permitted by right.

Please see section 14.02.123.

Conditional uses.

Please see section 14.02.123.

Area regulations.

For a comprehensive review of area regulations pertaining to all zoning districts, please see section 14.02.122.

Lot area.

All lots located in the LM light manufacturing district shall have not less than one acre in area.

Lot width.

Each lot in a LM light manufacturing district shall be no less than 100 feet in width.

Lot depth.

Each lot in a LM light manufacturing district shall have not less than 100 feet of depth.

Front yard.

Each lot in a LM light manufacturing district shall [have] a front yard of not less than 35 feet.

Rear yard.

Each lot in a LM light manufacturing district shall have a rear yard of not less [than] 25 feet.

Side yard.

Each lot in a LM light manufacturing district shall have side yards of not less than 25 feet.

Lot coverage.

Impervious site cover on a LM light manufacturing district lot shall not exceed 70% of the lot area.

Height.

No structure on a LM light manufacturing district lot shall exceed 45 feet.

(1999 Code, sec. 153.049)

§ 14.02.121 Planned unit development.

Purpose.

The planned unit development (PUD) classification is an overlay designation to provide flexibility in planning for development of large projects which may include residential, office, and commercial land uses. In many instances, the creative use of the PUD concept facilitates urban design which is more efficient, safe, environmentally sensitive, interesting, visually pleasing, and socially integrated than the standard lot layout and design. The regulatory provisions of this classification are aimed at achieving the specific goals and objectives associated with the city’s comprehensive planning program.

The purposes of the PUD classification are to:

Establish a procedure for the development of larger parcels of land under unified control in order to reduce or eliminate the inflexibility that might otherwise result from strict application of land use standards and procedures designed primarily for individual lots;

Ensure orderly and thorough planning and review procedures that will result in quality urban development and the creation and improvement of common open space and pedestrian circulation, particularly in residential areas;

Avoid monotony by allowing greater freedom in selecting the means to provide access, light, open space and amenities; and

Provide for flexibility in the strict application of certain of the land use regulations and performance standards found in the base zoning districts to take advantage of special site characteristics, locations, or land uses.

Description.

A planned unit development (PUD) is a land use design incorporating the concepts of density transfer and common open space. The PUD designation serves as an “overlay classification.” In this capacity, the designation applies a new and different set of developmental guidelines to the base zoning district(s) in which the property is located. When a parcel of land receives the PUD designation it continues to retain its standard zoning district classification. However, the added PUD overlay classification enables the developer of the tract to modify certain requirements as permitted by this section in concert with a documented plan that meets the regulations prescribed herein, and which has been reviewed and approved by both the planning and zoning commission and the city council.

PUD location and size.

A PUD shall be permitted in any R-1, R-2, R-3, NC, CBD, or GC zone and shall be a minimum of two acres in size.

General procedure.

The procedures associated with the granting or denial of PUD classification shall conform to those procedures described in sections 14.02.051 through 14.02.061 specifically section 14.02.054.

Specific procedure.

Permitted locations for PUDs.

No new planned unit development may be located outside of those sections of the city which do not have a full complement of urban infrastructure, including water, sanitary sewer, storm sewer, and paved streets. In addition, all planned unit developments shall be located no more than one mile from a major arterial street as designated on the city’s comprehensive plan. PUDs shall conform to all city ordinances and zoning requirements unless specifically excluded in this section.

Code enforcement officer report.

The code enforcement officer shall complete a written report advising the planning and zoning commission of the impacts the proposed PUD would have on planning goals, utilities, taxes, emergency services, traffic, and all properties adjoining the subject site.

Criteria used for granting or denying PUD status.

The criteria by which the proposed PUD development plan shall be judged shall include but shall not be limited to the following:

Compatibility with surrounding land uses;

Setbacks;

Public access;

Drainage;

Traffic circulation and parking;

Screening;

Building heights;

Landscaping;

Lot coverage allowed;

Exterior lighting;

Lot sizes;

Signage;

PUD land use composition; and

Other factors as determined significant by the planning and [zoning] commission.

PUD development plan required.

At the time the PUD classification application is filed, the applicant shall also file a development plan. A development plan shall include all proposed land uses (by type and acreage), residential density, lot areas, lot widths, lot depths, yard depths and widths, building heights, maximum allowable lot coverage, floor area ratios, parking, public access, landscaping, screening, signage, lighting, amenities, and project phasing (if applicable). It shall also include topography, existing streets, alleys and easements. All public improvements and on-site facilities shall also be identified. If a project is to be completed in phases, the applicant shall submit a development plan for the first phase, and all subsequent phases.

The PUD development plan shall include the following:

A site inventory analysis showing existing vegetation, natural watercourses or standing water, and any floodprone areas. This analysis shall include graphic and textual material illustrating how the development will affect any such natural features.

A topographic contour map with intervals of no less than ten feet. Significant changes in topography and/or drainage shall be illustrated.

A scale drawing not to exceed 36" x 48" showing any proposed public or private streets and alleys, lots, areas reserved as parks, playgrounds, utility easements, school sites, street changes, including the location and width of all curb cuts. The points of ingress and egress from existing streets shall be delineated. The location and description of existing and proposed utility services, including size of water and sewer mains shall be included. The drawing shall also indicate zoning designation of all abutting sites.

A site plan for proposed buildings, their locations, and distances between buildings and property lines. This should also include an off-street parking plan.

A landscape plan showing all vegetation to be included by key with a plant list.

An architectural drawing with elevations of all uses.

A signage plan if commercial activities will be incorporated into the plan.

Any supplemental data describing standards, regulations, management associations, or other conditions pertinent to the development of the planned unit development. All planned unit developments approved in accordance with this section shall be referenced on the official zoning map and a list of PUDs including their location and permitted uses shall be maintained in the city by the code enforcement officer.

Waiver and abandonment.

The failure of a PUD classification permittee to substantively act on the development plan within a two-year period after such plan has been approved by the city council shall constitute waiver and abandonment of said plan. The code enforcement officer shall give written notification of such impending waiver and abandonment to the permittee not less than 30 days prior to such waiver and abandonment.

Regulations.

Mixed use permitted.

Combinations of residential, office, and commercial land use activities shall be permitted under PUD classification. However, no more than 30% of any PUD shall be composed of commercial land use activities.

Yard and density modifications.

Lots and yards may be clustered provided that overall dwelling unit density ratios are not greater than 125% of those associated with the largest residential district in which the PUD is located.

Periphery requirements.

All PUDs shall establish a buffer strip not less than 20 feet wide around the boundaries of the development to provide for a gradual transition between the PUD and adjoining land uses.

Parking requirements.

Parking area and number of spaces shall comply to regulations for the applicable use as prescribed in sections 14.02.231 through 14.02.234.

Provisions for PUD maintenance.

Creation of a homeowners’ or business owners’ association.

The city may at any time accept the dedication of land or any interest therein for public use and maintenance. The city may require the PUD developer to create a homeowners’ association or a business owners’ association to act as the owner and maintenance agent for PUD common open space areas.

Failure to maintain common areas.

In the event that a homeowners’ or business owners’ association fails to maintain the PUD common open space or fails to fulfill other conditions associated with the PUD designation, the city may serve written notice on the association, setting forth the manner in which the association has not fulfilled its responsibilities.

Such a notice shall include a demand that the deficiencies be cured within a 60-day period of time. If the deficiencies are not cured within this period, the city, in order to preserve the taxable values of the properties in both the PUD area and surrounding environs, and to prevent the common open space from becoming a public nuisance, may enter upon the common open space, maintain it, and perform other related duties until such time as the association resumes its responsibilities. All costs incurred by the city in carrying out the obligations of the association shall be assessed against the properties within the PUD and a tax lien imposed on those same properties.

Failure to maintain streets.

In the event that a homeowners’ or business owners’ association fails to maintain a private street of the PUD, the city may serve written notice on the association, setting forth the manner in which the association has not fulfilled its responsibilities.

(1999 Code, sec. 153.050)

§ 14.02.122 Lot area and standards matrix.

	Min. Lot Size	Min. Lot Width	Min. Lot Depth	Max. Density	Min. Front Yard	Min. Rear Yard	Min Side Yard	Max. Lot Coverage	Max. Structure Height
AR Agricultural/Residential	2 acres	200 feet	200 feet	1 dwelling per lot	50 feet	50 feet	25 feet	30%	45 feet
R-1 Single-Family Residential	5,000 sq. ft.	50 feet	100 feet	1 dwelling per lot	15 feet	25 feet	5 feet	50%	35 feet
R-2 Multifamily Residential	8,000 sq. ft.	80 feet	100 feet	12 dwelling s per lot	25 feet	25 feet	5 feet	50%	35 feet
R-3 Multifamily Residential	10,000 sq. ft.	100 feet	100 feet	16 dwellings per lot	25 feet	25 feet	25 feet	50%	35 feet
MH Manufactured Home	1	2	3	1 dwelling per lot	25 feet	25 feet	10 feet	50%	35 feet
NC Neighborhood Commercial	5,000 sq. ft.	50 feet	100 feet	Not applicable	25 feet	25 feet	15 feet	65%	35 feet
CBD Central Business District	2,500 sq. ft.	25 feet	100 feet	1 dwelling per lot	0	0	0	95%	50 feet
GC General Commercial	5,000 sq. ft.	50 feet	100 feet	Not applicable	25 feet	25 feet	15 feet	65%	35 feet
AU Adult Use	10,000 sq. ft.	100 feet	115 feet	Not applicable	25 feet	25 feet	15 feet	60%	35 feet
LM Light Manufacturing	1 acre	100 feet	100 feet	Not applicable	25 feet	25 feet	25 feet	70%	45 feet

	Min. Lot Size	Min. Lot Width	Min. Lot Depth	Max. Density	Min. Front Yard	Min. Rear Yard	Min Side Yard	Max. Lot Coverage	Max. Structure Height
AR Agricultural/Residential	2 acres	200 feet	200 feet	1 dwelling per lot	50 feet	50 feet	25 feet	30%	45 feet
R-1 Single-Family Residential	5,000 sq. ft.	50 feet	100 feet	1 dwelling per lot	15 feet	25 feet	5 feet	50%	35 feet
R-2 Multifamily Residential	8,000 sq. ft.	80 feet	100 feet	12 dwelling s per lot	25 feet	25 feet	5 feet	50%	35 feet
R-3 Multifamily Residential	10,000 sq. ft.	100 feet	100 feet	16 dwellings per lot	25 feet	25 feet	25 feet	50%	35 feet
MH Manufactured Home	1	2	3	1 dwelling per lot	25 feet	25 feet	10 feet	50%	35 feet
NC Neighborhood Commercial	5,000 sq. ft.	50 feet	100 feet	Not applicable	25 feet	25 feet	15 feet	65%	35 feet
CBD Central Business District	2,500 sq. ft.	25 feet	100 feet	1 dwelling per lot	0	0	0	95%	50 feet
GC General Commercial	5,000 sq. ft.	50 feet	100 feet	Not applicable	25 feet	25 feet	15 feet	65%	35 feet
AU Adult Use	10,000 sq. ft.	100 feet	115 feet	Not applicable	25 feet	25 feet	15 feet	60%	35 feet
LM Light Manufacturing	1 acre	100 feet	100 feet	Not applicable	25 feet	25 feet	25 feet	70%	45 feet

(1999 Code, sec. 153.051)

§ 14.02.123 Land use matrix.

	Land Use Matrix
	X = Use permitted by right C = Conditional use permit required PUD = Planned unit development
	AR	R-1	R-2	R-3	MH	NC	CBD	GC	AU	LM
Accessory buildings	X	X	X		X
Accountants						X	X	X
Advertising agencies						X	X	X
Air compressors (commercial)							X			X
Air conditioning parts and service							X	X		X
Airline ticket agencies						X	X	X
Alcoholic beverage (liquor) store							X	X
Alterations, clothing						X	X	X
Ambulance service						C	X	X
Antique shops and dealers, retail and wholesale							X	X		X
Apartments				X and PUD			C	PUD
Apartment rental agencies						X	X	X
Appliance dealers							X	X
Architects						X	X	X
Art galleries and dealers							X	X
Artist studios						X	X	X
Arts and crafts supplies						X	X	X
Attorneys						X	X	X
Auction house							X	X		X
Auto body painting								X		X
Auto body repair								X		X
Auto cleanup and detail service							X	X		X
Auto dealers, new vehicles							X	X
Auto dealers, used vehicles							X	X
Auto engine repair							X	X		X
Auto muffler shop								X
Auto parts and supplies							X	X
Auto rental and leasing						X	X	X
Auto seat covers, tops and upholstery							X	X
Auto service stations						C	X	X
Auto wheel and brake service							X	X
Auto wrecker service								X
Auto undercoating and rustproofing								X
Automatic teller machine						X	X	X
Bait and tackle shops							X	X
Bakers, retail						X	X	X
Bakers, wholesale							X	X		X
Banks or financial services						C	X	X
Barbers and beauty salons						X	X	X
Bars							X	X	X
Battery (car and boat) shop								X
Bed and breakfast	C	C					X
Bicycle sales and service						X	X	X
Billiard parlor							X	X	X
Bingo parlor							X		X	X
Boat engine repair and service							X	X		X
Boat equipment and supplies							X	X
Boat sales							X	X		X
Book dealers, retail						X	X	X	X
Bowling alleys							X	X
Building material sales							X	X		X
Cabinet makers and millwork shops							X	X		X
Cafes						C	X	X	X
Candy and confection, retail						X	X	X
Carpet and rug dealers							X	X
Caterers						C	X	X
Cellular communications tower										X
Cemetery or mausoleum	C
Child care and day nurseries	C	C	C	C	C	X	X	X
Chiropractors						X	X	X
Church or place of worship	X					X	X	X
Civic club or fraternal organization						X	X	X
Clothing store						C	X	X
Coin dealers							X	X
Commercial garage							X	X
Commercial parking lot							X	X
Computer sales and services						X	X	X
Condominium		PUD	PUD	PUD	PUD		PUD
Contractors						X	X	X
Convenience stores						X	X	X
Copy and duplicating services						X	X	X
Dance halls							X	X	X
Dance instruction						X	X	X
Delivery services						X	X	X
Dental laboratories						C	X			X
Dentists						X	X	X
Department stores							X	X
Dinner theater						C	X	X
Discount stores							X	X
Doctor’s office						X	X	X
Domestic animal grooming	C					X	X	X
Domestic animal training schools	C					X	X	X
Domestic waste recycling center										X
Dressmaking						X	X	X
Drive-ins (prepared food)							X	X
Druggists						X	X	X
Dry cleaners						X	X	X
Electrical equipment and supplies, retail							X	X
Electrical equipment and supplies, wholesale							X			X
Electronic, retail; sales and service							X	X
Electronics manufacturer										X
Employment agencies						X	X	X
Engine repair							X	C		X
Engineers						X	X	X
Exterminators and pest control							X	X
Fabric shops						X	X	X
Farm	X
Fish and seafood, retail						C	X	X
Florists without greenhouses	X					X	X	X
Florists with greenhouses	X					C	X	X
Four-family residence				X and PUD
Frozen food lockers							X			X
Furniture sales							X	X
Funeral home, mortuary						C	X	X
Game rooms and billiard parlors						C	X	X	X
Gasoline service station						C	X	X
Gift shops						X	X	X
Glass sales, tinting, and replacement							X	X		X
Golf course/country club	X
Gravestone/tombstone sales	C							X
Greenhouse	X
Grocery and food stores						C	X	X
Group home for the mentally retarded			C	C
Gunsmiths						C	X	X		X
Handicraft shop						X	X	X
Hardware stores						C	X	X
Health club				X		X	X	X
Heavy machinery sales							X	X		X
Hospice office						X	X	X
Hospital						C	X	X
Hotels and motels							X	X
Insurance agencies						X	X	X
Interior decorators						X	X	X
Janitorial services and supplies							X	X
Jewelers, retail and repair							X	X
Kennels, outdoor	X							X
Keys, locks and locksmiths						X	X	X
Laundry, self-service				X	X	X	X	X
Lawn mowers, retail and repair						X	X	X
Libraries				C		X	X	X
Limousine service						X	X	X
Liquor stores							X	X
Lounges							X	X	X
Lumber sales							X	X
Machine shops and welding								X		X
Mailbox rentals						X	X	X
Manufactured home	C	C	C		X
Marriage and family counselors						X	X	X
Medical clinics						X	X	X
Medical emergency clinics							X	X
Medical equipment and supplies							X	X		X
Monastery or convent	X
Motion picture theater						C	X	X	X
Motorcycle sales and repair							X	X
Museums						X	X	X
Musical instrument dealers						X	X	X
Needlework and materials						X	X	X
Newsstands						X	X	X	X
Notaries, public						X	X	X
Nurseries	X					X	X	X
Nursing homes						X	X	X
Office building (multiple tenants)						X	X	X
Office furniture and equipment							X	X
Office supply stores						C	X	X
Optical goods and opticians						X	X	X
Optometrists						X	X	X
Paint stores, retail						X	X	X
Pawnbrokers							X	X
Personal care home for the aged (assisted living)				X and PUD		X and PUD	X and PUD	X and PUD
Pet shops, indoor only						X	X	X
Pharmacies						X	X	X
Photo finishing, retail						X	X	X
Photographic studio						X	X	X
Physical fitness centers						X	X	X
Physicians						X	X	X
Picture frames and framing						X	X	X
Plant sales	X					X	X	X
Private clubs (as per TABC)							X	X	X
Private schools						C	X	X
Product assembly plants (manufacturing)										X
Psychologists and psychotherapists						X	X	X
Public use (governmental)	C	C	C	C	C	X	X	X	X	X
Pumps, industrial service and sales										X
Quick lube/oil change							X	X
Radio communications equipment, retail	C						X	X
Radio/television transmission tower (commercial)	C						X	X		X
Real estate agents and brokers						X	X	X
Recreational vehicle parks	C							C
Recreational vehicle sales, rental and repair							X	X		X
Rental service stores (no heavy equipment)						C	X	X
Rental service, commercial and industrial							X	X		X
Restaurants						C	X	X	X
Restaurants (delivery and pickup)						X	X	X
Restaurant equipment and supplies							X	X
Retirement center/community				X and PUD	X and PUD
Satellite receiving antenna (commercial)	X					C	C	C		X
Secretarial and answering services						X	X	X
Sexually oriented business									X
Shoe repair						X	X	X
Shopping centers						C	X	X		X
Signs, manufacturing							X	X		X
Single-family detached residence	X	X and PUD			X and PUD	X	X	X
Single-family attached residence	X	X and PUD			X and PUD	X	X	X
Skating rinks							X	X
Sporting goods							X	X
Stables	X
State vehicle inspection center						C	X	X
Stationary stores						X	X	X
Stocks and bonds brokers						X	X	X
Storage, auto and boat							X	X		X
Swimming pool and spa sales and supplies							X	X		X
Tailor shop						X	X	X
Taverns							X	X	X
Telephone equipment and sales						X	X	X
Tele-video production							X	X		X
Theater						X	X	X	X
Tire dealers and service							X	X
Title companies						X	X	X
Townhouse				X
Travel agencies						X	X	X
Truck rental and leasing							X	X		X
Trucking company							X	X		X
Upholstery shop							X	X		X
Variety stores							X	X
Veterinarians and animal hospitals	X					C	X	X
Video rental stores						X	X	X	X
Wallpapering and wall covering, retail						X	X	X
Warehouse							X	X		X
Warehouses, office and mini							X	X		X
Welding shop							X	X		X
Wholesale services							X	X		X
Wood products manufacture										X
Woodwork shops for artisan crafts						C	X	X
Zero lot line homes		PUD	PUD	PUD	PUD		PUD	PUD

(1999 Code, sec. 153.052; Ordinance 713 adopted 2/23/15; Ordinance 833 adopted 10/30/17)

§ 14.02.171 Purpose and description.

This division establishes regulations for certain land uses which are permitted in a given district yet require additional regulations to ensure complete compatibility with surrounding land uses.

(1999 Code, sec. 153.060)

§ 14.02.172 Group homes.

Location.

Group homes shall be permitted as a conditional use in R-2 multifamily residential and R-3 multifamily residential districts.

Distance requirement.

A group home shall be located not less than 1,000 lineal feet from any other group home or child care facility as measured from the nearest boundary of the sites on which they are located.

Parking requirements.

Parking shall be in accordance with sections 14.02.231 through 14.02.234.

Visual compatibility.

No structural alterations shall be permitted that will cause the group home to be substantially distinguishable from other surrounding residential properties.

Statutory licensing requirements.

All group homes shall meet every state statutory licensing requirement.

Outside lighting.

All outside lighting shall meet the performance criteria established in sections 14.02.281 through 14.02.291.

(1999 Code, sec. 153.061)

§ 14.02.173 Home occupations.

Location.

Home occupations shall be limited to AR agricultural/residential, R-1 single-family residential and MR [MH] manufactured home districts.

No external activities permitted.

All activities and storage associated with a home occupation shall be located within the associated residence.

Employment of persons outside of the immediate family.

Employment shall be limited to one person who is not a member of the immediate family residing on the premises.

Parking requirements.

Parking shall be in accordance with sections 14.02.231 through 14.02.234.

Signs.

Only one sign per home occupation shall be allowed. Said sign shall not exceed two feet in height or width.

Visual compatibility.

No structural alterations shall be permitted that will cause the home occupation to be substantially distinguishable from other surrounding residential properties.

Annual licensing required.

All home occupations shall obtain annual operational licenses from the city. Complaints from surrounding property owners during the course of any year shall be recorded and shall be reviewed by the planning and zoning commission prior to the reissuance of any operational license. Decisions of the planning and zoning commission to renew or not to renew a home occupation operational license shall be appealable to the city council.

Performance criteria.

All home occupations shall meet the performance criteria established in sections 14.02.281 through 14.02.291.

No commercial vehicles permitted.

No commercial vehicles shall be permitted for delivery and pickup services associated with a home occupation.

Land uses not qualifying as home occupations.

The following land use activities shall not be qualified as home occupations:

Auto repair;

Furniture upholstering, paint and finish striping, and repair;

Welding services.

(1999 Code, sec. 153.062)

§ 14.02.174 Child care facilities.

Location.

Child care facilities shall be permitted as a conditional use in AR agricultural/residential, R-1 single-family residential, R-2 multiple-family residential, R-3 multiple-family residential, and MR [MH] manufactured home districts. Child care facilities shall be permitted as uses permitted by right in NC neighborhood commercial, CBD central business district, and GC general commercial zoning districts.

Distance requirement.

In any residential district, a child care facility shall be located not less than 1,000 lineal feet from any other child care facility or group home as measured from the nearest boundary of the sites on which they are located.

Parking requirements.

Parking shall be in accordance with sections 14.02.231 through 14.02.234.

Signs.

Only one sign per child care facility shall be allowed. Said sign shall not exceed three feet in height or width.

Visual compatibility.

Within any residential district, no structural alterations shall be permitted that will cause the child care facility to be substantially distinguishable from other surrounding residential properties.

Statutory licensing requirements.

All child care facilities shall meet every state statutory licensing requirement.

Annual licensing required.

All child care facilities located in residential districts shall obtain annual operational licenses from the city. Complaints from surrounding property owners during the course of any year shall be recorded and shall be reviewed by the planning and zoning commission prior to the reissuance of any operational license. Decisions of the planning and zoning commission to renew or not to renew a child care facility operational license shall be appealable to the city council.

Performance criteria.

All child care facilities shall meet the performance criteria established in sections 14.02.281 through 14.02.291.

Screening required in residential districts.

All outdoor play areas bordering residential property shall be screened by a solid, opaque fence, constructed and maintained in accordance with specifications provided by the code enforcement officer.

Time of operation limits in residential districts.

All child care facilities located in residential districts shall be limited to operating between the hours of 6 a.m. and 10 p.m. daily.

(1999 Code, sec. 153.063)

§ 14.02.175 Special events.

Location.

Special events shall be located as a conditional use in AR agricultural/residential or GC general commercial zoning districts.

Duration and time of operation limits.

No special event may operate for more than seven consecutive days. Special events may not operate before 7 a.m. nor after 10 p.m. daily.

Code enforcement officer to specify performance criteria.

The code enforcement officer is authorized to ensure adequate parking, sanitary facilities, safety requirements, and other appropriate performance criteria for special events to protect the public health, safety, and general welfare.

(1999 Code, sec. 153.064)

§ 14.02.176 Sexually oriented businesses.

Purpose and intent.

Adoption of preamble.

The findings contained in the preamble of this section are determined to be true and correct and are adopted as a part of this section.

Purpose and intent.

It is the purpose of this section to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

Findings.

Based on evidence concerning the adverse secondary effects of sexually oriented businesses on the community presented to the council, and on findings incorporated in the cases of: Fantasy Ranch Inc. Xtc v. City of Arlington, Texas 459 F3rd (5th Cir. August 2006); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); City of Erie v. Pap’s A.M., 529 U.S. 277, 120 S. Ct. 1382 (2000); City of Los Angeles v. Alameda Books, Inc., 122 S. Ct. 1728 (2002); Baby Dolls Topless Saloons, Inc. v. City of Dallas, 295 F.3d 471 (5th Cir. 2002); LLEH, Inc. v. Wichita County, Texas, 289 F.3d 358 (5th Cir. 2002); Mitchell v. Commission on Adult Entertainment, 10 F.3d 123 (3rd Cir. 1993); Schultz v. City of Cumberland, 228 F.3d 831 (7th Cir. 2000); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); 2300, Inc. v. City of Arlington, 888 S.W.2d 123 (Tex. App. Fort Worth, 1994); Colacurcio v, City of Kent, 163 F.3d 545 (9th Cir. 1998), cert denied, 529 U.S. 1053 (2000); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Center for Fair Public Policy v. Maricopa County, 336 F.3d 1153 (9th Cir. 2003); DLS, Inc. v. Chattanooga, 107 F.3d 403 (6th Cir. 1997); Jake’s, Ltd., Inc. v. Coates, 384 F.3d 884 (8th Cir.2002); and on testimony, studies and reports from other communities including, but not limited to Arlington, Texas; on the City of Arlington, Texas Community Health Profile (dated July 2003); a summary of land use studies compiled by the National Law Center for Children and Families; and also on findings from the Report of the Attorney General’s Working Group On The Regulation Of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the council finds:

Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that may not be controlled by the operators of the establishments. Further, absent municipal regulation aimed at reducing adverse secondary effects there is no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.

Certain employees of sexually oriented businesses, defined in this section as sexually oriented theater, nude model business, escort agency, and sexually oriented cabaret, engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.

Sexual acts, including masturbation, prostitution, sexual contact, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semi-private booths or cubicles, or rooms for viewing films, videos, or live sex shows.

Offering and providing private or semi-private areas in sexually oriented businesses encourages such sexual activities, which creates unhealthy conditions.

Persons frequent certain sexually oriented theaters, sexually oriented arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.

At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections.

Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS (acquired immunodeficiency syndrome) caused by the human immunodeficiency virus (HIV) in the United States: 600 in 1982; 2,200 in 1983; 4,600 in 1984; 8,555 in 1985; and 253,448 through December 31, 1992.

As of December 31, 2001, there have been 57,199 reported cases of AIDS in the State of Texas.

Since the early 1980s and to the present, there has been an increasing cumulative number of persons testing positive for the HIV antibody in some Texas counties.

The number of cases of early (less than one year) syphilis in the United States reported annually has risen, with 33,613 cases reported in 1982, and 45,200 through November, 1990. According to Texas Department of Health records there were 1,175 cases of early syphilis reported in the State of Texas during 2000 and an additional 972 cases reported in 2001.

The number of cases of gonorrhea in the United States reported annually remains at a high level, with over one-half million cases being reported in 1990. Again, according to Texas Department of Health records there were 32,895 cases of gonorrhea reported in the State of Texas during 2000 and an additional 30,116 cases reported in 2001. During the same time period there were also 138,692 cases of chlamydia reported in the State of Texas. (Arlington Community Health Profile (dated July 2003))[.]

In his report of October 22, 1986, the surgeon general of the United States advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.

(M)

According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.

Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

(O)

Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view “sexually oriented” films.

(P)

Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect substantial governmental concerns.

(Q)

A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place an incentive on the operators to ensure that the sexually oriented business is run in a manner consistent with the health, safety, and welfare of its patrons and employees, as well as the citizens of the city. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.

(R)

Removal of doors on booths and requiring sufficient lighting on premises with booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in sexually oriented theaters.

(S)

Requiring licensees of sexually oriented businesses to maintain information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.

(T)

The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases.

(U)

In the prevention of the spread of communicable diseases, it is desirable to obtain a limited amount of information regarding certain employees who may engage in the conduct that this section is designed to prevent, or who are likely to be witnesses to such conduct.

(V)

The fact that an applicant for a sexually oriented business license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this section. There is a correlation between sexually oriented businesses and higher crime rates, specifically related to their hours of operation and the type of people that such businesses attract. (Baby Dolls Topless Saloons, Inc. v. City of Dallas, 295 F.3d 471 (5th Cir. 2002)).

(W)

The barring of such individuals from the management of sexually oriented businesses for a period of years serves as a deterrent to, and prevents, conduct that leads to, the transmission of sexually transmitted diseases.

(X)

It is reasonably believed that to prevent the exploitation of any loopholes in the section (which would permit such businesses to avoid the location restrictions), partially nude performances in such businesses are also included within the purview of the regulations, since they have the same harmful secondary effects on the surrounding community as totally nude sexually oriented businesses. (Baby Dolls Topless Saloons, Inc. v. City of Dallas, 295 F.3d 471 (5th Cir. 2002)).

(Y)

There is no constitutional right for sexually oriented business employees in a state of nudity to touch customers. (Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995))

(Z)

One court has characterized the acts of sexually oriented business employees in a state of nudity and being paid to touch or be touched by customers as prostitution. (People v. Hill, 2002 Ill. App. LEXIS 792 (Ill. App. 2 Dist. Sep. 4, 2002); see also, Tex. Penal Code sections 43.01 (“sexual conduct” and “sexual contact”) and 43.02 (“prostitution”)).

(AA)

Provocative touching between customers and employees in a sexually oriented business where at least one is in a state of nudity frequently leads to the commission of sex crimes, illegal drug use, and increased health risks due to sexually transmitted diseases.

(BB)

The city council reasonably believes that requiring employees in a state of nudity to be physically separated from customers by the use of elevated stages and buffer zones is necessary to better ensure ordinance compliance while still not inhibiting constitutionally protected expressive conduct or speech. (LLEH, Inc. v. Wichita County, Texas, 289 F.3d 358 (5th C. 2002)).

(CC)

The findings noted in subsections (A) through (BB) raise substantial governmental concerns.

(DD)

It is reasonably believed by the city council that the general welfare, health, and safety of the citizens of the city will be promoted by the enactment of this section.

Definitions.

Unless otherwise expressly stated, the following terms shall, for the purposes of this section, have the meanings indicated in this section.

Applicant.

A person or persons listed as such on an application for a license as a sexually oriented business.

Business days.

The days of the week from Monday through Friday, excluding legal holidays.

Chief of police.

The chief of police or captain of police. In subsections (d)(1), (d)(2) and (d)(4) of this section, chief of police shall also mean a member of the police department designated by the chief of police.

Church.

A building, or portion of a building, whether situated within the city or not, in which persons regularly assemble for religious worship and said building or portion of a building is intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.

Conviction or convicted.

A finding of guilty by a court, regardless of whether an appeal is pending.

Customer.

Any person who:

Is allowed to enter a sexually oriented business whether or not a payment of an admission fee or any other form of consideration or gratuity is charged;

Enters a sexually oriented business and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or

Licensed day care center.

Is a member of and on the premises of a sexually oriented business operating as a private club.

Day.

Unless otherwise indicated, calendar days.

Employee.

Any person who renders any service whatsoever to the customers of a sexually oriented business, or who works in or about a sexually oriented business, whether that person receives, or does not receive compensation from the operator or owner of the sexually oriented business or from the customers therein, for such service or work.

Escort.

A person who, for consideration, agrees or offers to act as a companion or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency.

A person or business association that furnishes, offers to furnish or advertises to furnish escorts as its principal business purpose, for a fee, tip or other consideration.

A facility licensed by the state, whether situated within the city or not, that provides care, training, education, custody treatment or supervision for more than six (6) children under fourteen (14) years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than twenty-four (24) hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.

Licensee.

A person in whose name a license to operate a sexually oriented business has been issued, as well as any and all individuals listed as applicants, owners or licensees on the application for a license.

Nude model business.

Any place where a person who appears in a state of nudity or displays “specified anatomical areas” is provided or allowed to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or give any other form of consideration. Nude model business shall not include those activities excepted from the below definition of sexually oriented business.

Nudity or a state of nudity.

The appearance of a human bare buttock, vulva, anus, anal cleft with less than a full opaque covering, male genitals, female genitals or female breast; or

Operates or causes to be operated.

A state of dress which fails to completely and opaquely cover a human buttock, vulva, anus, male genitals, female genitals or any part of the female breast or breasts that is situated below a point immediately above the top of the areola of the female breast.

To cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, licensee or manager of the establishment.

Operator.

An individual who is in control of the operations of a sexually oriented business, including, but not limited to, a person designated on the license required and issued under this section. This control can be either on an hourly basis, daily basis, weekly basis, or shift basis, or any combination thereof. An operator includes, but is not limited to manager, assistant manager, house mother, floor manager, or shift manager.

An individual, proprietorship, partnership, corporation, association or other legal entity.

Premises.

The grounds, parking areas and all building, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person.

Principal.

Over fifty percent (50%) of customers, volume of sales, revenue, stock in trade, display areas, floor space, advertising, or presentation time in any three (3) month increment period beginning from the date of issuance of a certificate of occupancy. Stock in trade shall be measured with all titles or objects available on the premises for sale or rental including those that are identical, considered a separate title or object.

Regularly.

Featuring, promoting, permitting to occur or advertising a happening or occurrence on a recurring basis.

Residential district.

A residentially zoned district. For purposes of this section, a “residential use” may exist even in the absence of a corresponding “residential district.”

Residential use.

A single-family, townhouse, duplex, mobile home or multifamily use.

Sexual encounter center.

A commercial establishment to which the public is permitted or invited, which offers for any form of consideration:

Physical contact in the form of specified sexual activities between persons of the same or opposite sex;

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity; or

Sexually oriented arcade.

A sexual encounter center is not exempt from this section even though some customers may receive services such as body tanning or a massage that does not involve activities listed in subsections (1) and (2) above.

Any commercial establishment to which the public is permitted or invited wherein coin-operated or slug-operated or electronically or mechanically controlled still or motion-picture machines, projectors, DVDs or any other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”

Sexually oriented bookstore, sexually oriented novelty store, or sexually oriented video store.

A commercial establishment to which the public is permitted or invited which, as its principal business purpose, offers for sale or rental for any form of consideration any one or more of the following:

Books, magazines, periodicals or other printed matter, or photographs, films, DVDs, motion pictures, videocassettes, video reproductions, slides or any other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas”; or

Sexually oriented business.

Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities.” This does not include items used for birth control or for prevention of sexually transmitted diseases.

A sexually oriented arcade, sexually oriented bookstore or sexually oriented video store, sexually oriented novelty store, sexually oriented cabaret, sexually oriented motel, sexually oriented theater, sexually oriented motion-picture theater, escort agency, nude model business or sexual encounter center, sexually oriented tanning salon, sexually oriented massage parlor; and/or

Any establishment whose principal business is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or whose employees or customers appear in a state of nudity.

The term “sexually oriented business” shall not be construed to include:

Any business operated by or employing a licensed psychologist, licensed physical therapist, registered or licensed massage therapist, licensed vocational nurse, registered nurse, licensed athletic trainer, licensed cosmetologist, or licensed barber engaged in performing the normal and customary functions authorized under the license/registration held;

Any business operated by or employing a licensed physician or licensed chiropractor engaged in practicing the healing arts;

Any retail establishment whose principal business is the offering of wearing apparel for sale to customers and that does not exhibit merchandise on live models; or

An activity conducted or sponsored:

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

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

Sexually oriented cabaret.

Any activity conducted or sponsored by an entity identified in subsections (i) or (ii) above must be situated inside a structure so that they are not visible to the general public.

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

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

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

A nightclub, bar, restaurant or similar commercial establishment which regularly has:

Persons who appear in a state of nudity;

Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or

Films, motion pictures, videocassettes, DVDs, slides, or other photographic reproductions, closed-circuit television transmissions, cable television transmissions, subscriber programming, any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission or other method, which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

Sexually oriented motel.

A hotel, motel or similar commercial establishment which:

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, cable television transmissions, subscriber programming, any disk, diskette, DVDs or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission or other method, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; and has a sign visible from the public right-of-way which advertises the availability of this type of material;

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

Sexually oriented motion-picture theater.

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours. Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the business is a sexually oriented motel.

A commercial establishment to which the public is permitted or invited where, for any form of consideration, films, motion pictures, videocassettes, DVDs, slides or similar photographic reproductions, any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission or other method, are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

Sexually oriented theater.

A theater, concert hall, auditorium or similar commercial establishment to which the public is permitted or invited which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”

Human genitals in a state of sexual arousal or simulated to be in a state of sexual arousal, even if completely and opaquely covered; or

Any of the following, or any combination of the following, when less than completely and opaquely covered:

Any human genitals, pubic region, or pubic hair;

Any buttock; or

Specified sexual activities.

Any portion of the female breast or breasts that is situated below a point immediately above the top of the areola.

Includes any of the following:

The fondling or other erotic touching of another’s or one’s own human genitals, pubic region, pubic hair, perineum, buttocks, anus or female breasts;

Sex acts, actual or simulated, including intercourse, oral copulation, sodomy or bestiality;

Masturbation, actual or simulated, of oneself or another; or

Transfer of ownership or control of a sexually oriented business.

Excretory functions as part of or in connection with, any of the activities set forth in subsections (1) through (3) above.

Includes any of the following:

The sale, lease, or sublease of the business;

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

The change of the name of the business.

Location of sexually oriented businesses.

Location.

A person commits an offense if he establishes, operates or causes to be operated or expanded a sexually oriented business within 1,000 feet of:

A church;

A public or private elementary or secondary school;

A boundary of a residential district;

A licensed day care center;

A public park; or

The property line of a lot devoted to a residential use as defined in this section.

A person commits an offense if he establishes, operates or causes to be operated or expanded a sexually oriented business within 1,000 feet of any other sexually oriented business.

A person commits an offense if he establishes, operates or causes to be operated or expanded a sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

For the purposes of subsection (B), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as tenant space occupied for a sexually oriented business to the nearest property line of the premises of a church, public or private elementary or secondary school, licensed day care center, or to the nearest boundary of an affected public park, residential district, or residential lot.

For purposes of subsection (C) of this section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. If the establishment is located within a structure with multiple spaces available for occupancy, the measurement will be from the closest wall of the tenant space occupied by the sexually oriented business.

Nonconforming sexually oriented business.

Any sexually oriented business lawfully operating prior to the effective date of this section that is in violation of subsection (c)(1) above shall be deemed a nonconforming sexually oriented business after the effective date of this section. The nonconforming sexually oriented business will be permitted to continue for a period not to exceed (60) days from the effective date of this section.

A person commits an offense if the person increases, enlarges, extends, alters or causes to be increased, enlarged or extended or altered the premises of a nonconforming sexually oriented business.

License for sexually oriented business.

License required.

A person commits an offense if the person operates or causes to operate a sexually oriented business without a valid license, issued by the city for the particular type of business.

Any person, association, firm, partnership or corporation desiring to obtain a sexually oriented business license shall make application on a form provided by the chief of police. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (6").

The applicant must be qualified according to the provisions of this section.

An individual person who wishes to operate a sexually oriented business must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a twenty percent (20%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under subsection (d)(2), and each applicant shall be considered a licensee if a license is granted.

The fact that a person possesses other types of state or city permits does not exempt that person from the requirement of obtaining a license for a sexually oriented business.

The provisions of this section shall apply to any existing sexually oriented businesses described as nonconforming in subsection (c)(2) above.

All applications for a license under this section shall be accompanied by a nonrefundable application fee. The annual fee is five hundred dollars ($500.00). An application shall not be considered to have been received until the fee is paid and all information required by the application form has been submitted. The application fee shall not be prorated in the event an application is tendered before or during the licensing period.

An applicant for a sexually oriented business must first obtain a certificate of occupancy for a sexually oriented business from the building official, also known as the code enforcement official or code enforcement officer. The building official shall issue or deny a certificate of occupancy to a sexually oriented business not more than sixty (60) business days subsequent to the date of the applicant’s submission of such application to the city’s office of code enforcement.

If an applicant for a sexually oriented business requires a building permit under applicable city ordinances, the building official shall cause all building, fire, health and other necessary permits to be issued within thirty (30) business days subsequent to the date of the applicant’s submission of an application to the city’s office of code enforcement. The building official shall cause all necessary inspections to occur within ten (10) business days of the applicant’s request for an inspection made to the building official. Such application shall be deemed approved if not approved or denied within such time period. The applicant must specify on the face of its application that the proposed use is for a sexually oriented business and give the name and address of the applicant’s contact person for all communications and notices.

A licensee or operator commits an offense if the licensee or operator fails to prominently display a legible copy of the certificate of occupancy and sexual oriented business license issued by the city. The license and certificate must be prominently and continuously displayed at all entrances so that they are clearly visible to all customers who enter the premises.

License issuance and grounds for denial.

The chief of police shall approve the issuance of a license to an applicant within thirty (30) days after receipt of an application, unless the chief of police finds one (1) or more of the following to be true:

The location of the sexually oriented business is or would be in violation of subsection (c) of this section.

The applicant failed to supply all of the information requested on the application.

The applicant gave false, fraudulent or untruthful information on the application.

An applicant is under eighteen (18) years of age.

An applicant or an applicant’s spouse is overdue in payment to the city of taxes, fees, fines or penalties assessed against or imposed upon the applicant or the applicant’s spouse.

An applicant or an applicant’s spouse has been convicted or placed on deferred disposition, probation or community supervision for a violation of a provision of this section, within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.

The license fee required by this section has not been paid.

The applicant has not demonstrated that the owner of the sexually oriented business owns or holds a lease for the property or the applicable portion thereof upon which the sexually oriented business will be situated or has a legally enforceable right to acquire the same.

An applicant or the proposed establishment is in violation of or is not in compliance with subsections (d)(3) or (d)(9), or subsections (e)(3)(H), (e)(5)(A)(i), (e)(5)(A)(v), (e)(6)(A)(i), or (e)(6)(A)(v), as applicable.

An applicant or an applicant’s spouse has been convicted or placed on deferred disposition, probation, or community supervision for:

Any offense under the laws of the United States of America, another state or the Uniform Code of Military Justice for an offense described in this subsection; or

Any of the below offenses of the state or criminal attempt, conspiracy, or solicitation to commit same:

Any of the following offenses in Texas Penal Code, cha. 43:

Prostitution;

Promotion of prostitution;

Aggravated promotion of prostitution;

Compelling prostitution;

Obscenity;

Sale, distribution or display of harmful material to a minor;

Sexual performance by a child;

Possession of child pornography;

Any of the following offenses in chapter 21 of the Texas Penal Code:

Public lewdness;

Indecent exposure;

Indecency with a child;

Sexual assault or aggravated sexual assault, chapter 22, Texas Penal Code; or

Incest, solicitation of a child or harboring a runaway child as described in chapter 25 of the Texas Penal Code;

Any of the following offenses in chapter 19 of the Texas Penal Code:

Murder or attempt to commit murder[;]

Capital murder or attempt to commit capital murder[;]

Solicitation of capital murder[;]

Any of the following offenses in chapters 20 and 20A, Texas Penal Code:

Kidnapping[;]

Aggravated kidnapping[;]

Smuggling of persons[;]

Trafficking of persons[;]

For which:

Less than two (2) years have elapsed since the date of conviction, or the date of release from the terms of community supervision, probation, parole or deferred disposition or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

Less than five (5) years have elapsed since the date of conviction, or the date of release from the terms of community supervision, probation, parole or deferred disposition or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four (24) month period.

The applicant or the applicant’s spouse is required to register as a sex offender under the provisions of chapter 62 of the Texas Code of Criminal Procedure.

The applicant failed to comply with any of the requirements of section 243.0075 of the Texas Local Government Code regarding the posting of an outdoor sign.

The applicant failed to obtain all other permits, certificates and licenses required from the city, county, state or federal government to open and operate the business.

An applicant, or applicant’s spouse, who has been convicted of or placed on deferred disposition, probation or community supervision for an offense listed in subsection (d)(2)(A)(x) may qualify for a sexually oriented business license only when the time period required by subsection (d)(2)(A)(x)c. has elapsed.

The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the sexually oriented business.

The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business, so that it is visible to the public at all times and may be easily read.

Inspection and maintenance of records.

A licensee, operator or employee of a sexually oriented business shall be subject to regulation under this section and shall permit representatives of the police department, fire department, and code enforcement division to inspect all portions of the premises where customers are allowed and the records required to be maintained under this section by the sexually oriented business for the purpose of ensuring compliance with this section at any time it is occupied or open for business.

A licensee or operator of a sexually oriented business commits an offense if the person operates the establishment without maintaining a current list of all employees of the business, along with a complete updated employment application for each employee. An operator of a sexually oriented business must maintain a legible copy of valid photo identification, such as a driver’s license, state identification card, or passport on all employees. The operator must also, at all times, maintain a current, original photograph of all employees. The photograph must bear a reasonable resemblance of the employee and both the photo and the photo identification must be maintained at the business and must be attached to the employee’s application for employment. The photograph, photo identification and employee application must be immediately provided to any police officer conducting an inspection at the business.

A licensee or operator of a sexually oriented business commits an offense if the person refuses to permit a lawful inspection of the photographs, records or premises by a representative of the police department at any time the sexually oriented business is occupied or open for business.

The licensee or operator of a sexually oriented business shall maintain all records required to be maintained under the provisions of this section on the licensed premises.

The licensee or operator of a sexually oriented business commits an offense if the person does not maintain the required records on the premises of the licensed establishment.

A licensee, operator or employee of a sexually oriented business commits an offense if that person allows any portion of, or area in, a sexually oriented business to contain sofas, beds, cots, mattresses, mats, chairs, couches or material or device that are utilized by anyone for reclining, lying down or sleeping. No portion of a sexually oriented business will be used by any person as a temporary or permanent habitation.

Expiration and renewal of license.

Each license shall expire one year after the date of issuance.

Renewal of a license may be applied for by submission to the chief of police of an application on the form prescribed by such official and payment of a nonrefundable renewal processing fee of five hundred dollars ($500.00).

Application for renewal shall be made at least thirty (30) days before the expiration date of the current license. Applications not received at least thirty days before expiration date of the current license will be denied.

An application for renewal may be denied if, during the application process, information about the applicant is discovered that are grounds for revocation, subsection (d)(6), or grounds for denial, subsection (d)(7).

Suspension.

Subject to subsection (B) below, the chief of police shall suspend a sexually oriented business license if the chief of police determines that a licensee(s), operator(s) or employee(s) of a licensee (or any combination thereof) has/have:

On one (1) or more occasions within any twelve-month period of time been cited for a violation of subsections (f)(2)–(4) or any of the provisions of subsection (e) of this section;

Been convicted or placed on deferred disposition or probation for the violations; and

The chief of police determines that notice of the citations has been sent to the licensee in accordance with subsection (g)(2) of this section; or

On one (1) or more occasions within any twelve-month period of time been cited for a violation of subsection (d)(3) of this section;

Been convicted or placed on deferred disposition or probation for the violations; and

The chief of police determines that notice of the citations has been sent to the licensee in accordance with subsection (g)(2) of this section; or

Been cited for any combination of offenses under subsections (i) or (ii) above that total five (5) within any twelve-month period of time;

Been convicted or placed on deferred disposition or probation for the violations; and

The chief of police determines that notice of the citations has been sent to the licensee in accordance with subsection (g)(2) of this section. A period of suspension will begin the first day after the decision of the chief of police becomes final as provided in subsection (d)(7), unless the licensee appeals to district court under subsection (d)(7). If appeal is taken under subsection (d)(7), the period of suspension begins the day after all appeals are final.

It shall be an affirmative defense to the suspension authorized under subsection (d)(5)(A) if such licensee shows by a preponderance of the evidence that it was powerless to prevent such violations.

Each day in which a violation is permitted to continue shall constitute a separate violation for purposes of suspension.

Grounds for revocation.

The chief of police may revoke a sexually oriented business license:

If a cause of suspension in subsection (d)(5) occurs and the license has been ordered suspended by the chief of police for a thirty-day period within the preceding year; or

If the chief of police determines that on one or more occasions a licensee(s) or operator(s) (or any combination thereof) has/have been convicted of or placed on deferred disposition, probation or community supervision for conduct occurring in a licensing period on the premises of a sexually oriented business that constitutes any of the offenses of the state or criminal attempt, conspiracy, or solicitation to commit same for;[:]

Any of the following offenses described in cha. 43, Texas Penal Code:

Prostitution;

Promotion of prostitution;

Aggravated promotion of prostitution;

Compelling prostitution;

Obscenity;

Sale, distribution or display of harmful material to a minor;

Sexual performance by a child;

Possession of child pornography;

Any of the following offenses as described in cha. 21, Texas Penal Code:

Public lewdness;

Indecent exposure;

Indecency with a child;

Sexual assault or aggravated sexual assault. cha. 22 Texas Penal Code;

Incest, solicitation of a child or harboring a runaway child as described in chapter 25 of the Texas Penal Code;

Any of the following offenses in chapter 19 of the Texas Penal Code:

Murder or attempt to commit murder[;]

Capital murder or attempt to commit capital murder[;]

Solicitation of capital murder[;]

Any of the following offenses in chapters 20 and 20A, Texas Penal Code:

Kidnapping[;]

Aggravated kidnapping[;]

Smuggling of persons[;]

Trafficking of persons[;]

If a licensee or operator gave false or misleading information in the material submitted to the chief of police during the application process;

If a licensee or operator has knowingly allowed possession, use or sale of a controlled substance on the premises;

If a licensee or operator has on one (1) or more occasions knowingly allowed prostitution on the premises;

If a licensee or operator knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended;

If a licensee or operator has, on one (1) or more occasions, knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in or on the licensed premises. The term “sexual contact” shall have the same meaning as it is defined in section 21.01, Texas Penal Code;

If a licensee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes or sales taxes related to the sexually oriented business;

If the licensee is required to register as a sex offender under the provisions of chapter 62 of the Texas Code of Criminal Procedure.[;]

If a license is transferred in violation of subsection (d)(9)(A).

The fact that a conviction is being appealed shall have no effect on the revocation of the license.

Subsection (d)(6)(A)(vii) does not apply to sexually oriented motels as a ground for revoking the license, unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a public place or within public view.

Denial, suspension and revocation procedures.

A denial, suspension, or revocation is an administrative procedure. In any hearing relating to such actions under this subsection, the burden of proof shall be on the city (except for affirmative defenses), and shall be by a preponderance of the evidence.

If the chief of police is authorized to deny the issuance of a license, or suspend or revoke a license, the chief of police shall give written notice to the applicant or licensee of his intent to implement denial, suspension, or revocation procedures.

The notice shall state the reason for such denial, suspension, or revocation.

The notice shall provide that the denial of issuance, suspension or revocation shall take effect at the expiration of the tenth calendar day after notification, unless the licensee provides a written request for hearing to the city secretary before the expiration of the tenth calendar day.

If a written request for hearing from the applicant or licensee is received by the city secretary before the expiration of the tenth calendar day, the suspension, denial of issuance or revocation will be stayed pending a hearing and a decision by the board of adjustments.

The applicant or licensee shall have ten (10) calendar days from the date notice is received, to request a hearing on the denial, suspension or revocation. The request shall be in writing and delivered to the city secretary. Upon receipt of the request for hearing, a hearing before the board of adjustments shall be scheduled to take place within thirty (30) calendar days unless both parties agree to a certain date beyond the thirty days. The board of adjustments shall consider the testimony and evidence admitted for consideration and shall have five (5) business days from the date of the hearing to notify the applicant or licensee of the decision.

In making a determination as to the denial of a license, the board of adjustments shall consider whether the applicant has established the applicant’s entitlement to a license under the requirements imposed by subsection (d)(2) of this section and/or whether the city has established a disqualifying factor under the requirements imposed by subsection (d)(2) of this section.

In making a determination of the suspension of a license under subsection (d)(5) of this section, the board of adjustments shall consider:

Whether the required number of citations under subsection (d)(5)(A)(i), (ii), or (iii) were issued to the licensee, operator, or employee of the licensee within a twelve-month period of time;

Whether notice of such citations was sent to the proper sexually oriented business in compliance with subsection (g)(2) of this section;

Whether the licensee, operator, or employee of the licensee was convicted or placed on deferred disposition or probation for the citations; and

Whether licensee was powerless to prevent violations.

In making a determination of the revocation of a license under subsection (d)(6)(A)(i) of this section, the board of adjustments shall consider:

Whether the required number of citations under subsection (d)(5)(A)(i), (ii), or (iii) were issued to the licensee, operator, or employee of the licensee within a twelve-month period of time;

Whether notice of such citations was sent to the proper sexually oriented business in compliance with subsection (g)(2) of this section;

Whether the licensee, operator, or employee of the licensee was convicted or placed on deferred disposition or probation for the citations; and

Whether the license at issue has been ordered suspended for a thirty-day period of time pursuant to subsection (d)(8)(B)(i) of this section within the preceding twelve-month period of time.

In making a determination of the revocation of a license under subsections (d)(6)(A)(ii)–(x) of this section, the board of adjustments shall consider whether the evidence shows that the specified convictions, events, or actions occurred as set forth in those subsections of this section.

All hearings under this section will be open to the public. The board of adjustments chairperson will be responsible for the procedural oversight of the hearing, including the manner and order of presentation and ruling on the admissibility of testimony and evidence and any objections thereto.

The decision by the board of adjustments is effective immediately, after the applicant or licensee is notified of the decision, unless a reinstatement fee under subsection (d)(8)(B)(i) of this section is paid (if available).

The failure to submit an application for renewal at least thirty (30) days prior to the expiration of a current license is automatic grounds for denial and is considered a failure to renew.

Period of suspension or revocation.

The revocation of a license as provided for in subsection (d)(6) of this section shall be for a period of twelve (12) months.

The suspension of a license as provided for in subsection (d)(5) of this section shall be as follows:

The first suspension of a license shall be for a period of three (30) calendar days. When the chief of police is authorized to suspend a license for three (30) days, he shall notify the licensee of his decision and of the licensee’s opportunity to pay a reinstatement fee in the amount of $1,500.00 in lieu of the suspension. Payment of the administrative fee shall be considered, for the purposes of this subsection, the first suspension and an admission of the violation. However, this shall not be used as an admission of guilt in a criminal prosecution under this section. If the licensee does not pay the reinstatement fee before the expiration of thirty (30) calendar days after the notification, the licensee loses the opportunity to pay it and the license is suspended

The second suspension of a license shall be for a period of sixty (60) calendar days.

The penalty for a third incident justifying suspension shall be revocation of the license.

Transfer of license.

A person commits an offense if the person transfers a license to another person or operates a sexually oriented business under the authority of a license at any place other than the address designated on the license. A transfer of a license is deemed to have occurred if there is a transfer of more than fifty percent (50%) of the ownership or control of a sexually oriented business.

A person commits an offense if the person counterfeits, forges, changes, defaces or alters a license.

Additional regulations.

Additional regulations for sexually oriented cabaret.

An employee of a sexually oriented cabaret, while appearing in a state of nudity, commits an offense if the employee touches a customer or the clothing of a customer.

A customer at a sexually oriented cabaret commits an offense if the customer touches an employee appearing in a state of nudity or the clothing of an employee appearing in a state of nudity.

A licensee or employee commits an offense if the licensee or employee permits any customer access to an area of the premises not visible from the manager’s station or not visible by a walk through of the premises without entering a private, exclusive, closed, curtained, or otherwise screened area, excluding restrooms. The view required in this subsection shall be by direct line of sight. The view shall be deemed insufficient if clear visibility of such line of sight must be attained by utilizing flashlights or spotlights in addition to overhead house lighting.

A licensee, operator or employee commits an offense if the licensee, operator or employee appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of the sexually oriented cabaret business premises which can be viewed from the public right-of-way.

A licensee commits an offense if the licensee fails to display the signs on the interior of the sexually oriented cabaret business premises as required in subsection (f)(4)(A) and/or the floor markings required in subsection (f)(4)(B).

A person commits an offense if the person employs at a sexually oriented cabaret any person under the age of eighteen (18) years.

An employee of a sexually oriented cabaret must attend training given by the licensee concerning the requirements of this section as they pertain to sexually oriented cabarets, including but not limited to subsections (d)(3), (d)(5), (d)(6), (e)(1), (f)(1)–(4), and (g)(1), before the employee receives any compensation for the person’s services. The licensee shall provide this training to all employees at the beginning of employment before the employee receives any compensation for services; and, at least once a year thereafter. The licensee shall maintain written records of the training provided to each employee pursuant to this subsection. These records shall include a signed and dated statement from each employee verifying the employee’s attendance at and participation in training provided by the licensee identifying the date on which the training was provided and the specific topics discussed.

A licensee shall designate and appoint one or more individuals to manage, direct, and control the premises and operations of the sexually oriented cabaret. At least one person so appointed shall be on the premises at any time the sexually oriented cabaret is open.

An operator or a person appointed under subsection (H) above shall at all times have the duty to ensure that each employee in the sexually oriented cabaret has received the training required by subsection (G) above and each employee is instructed to commit no act which would constitute a violation of this section or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this section.

A licensee, operator or employee of a sexually oriented business commits an offense if that person allows any portion, or area in a sexually oriented business to contain sofas, beds, cots, mattresses, mats, chairs, couches or material or device that are utilized by anyone for reclining, lying down or sleeping.

A licensee, operator or employee of a sexually oriented business commits an offense if that person allows any portion, or area in a sexually oriented business to be utilized by any person as a temporary or permanent habitation.

A licensee, operator or employee of a sexually oriented business commits an offense if that person allows any room, portion, space, closet, basement, attic or any space whatsoever in the sexually oriented business to be hidden or secreted from any police officer or city official.

(M)

The licensee, operator or employee of a sexually oriented business commits an offense if that person allows or permits any area of a sexually oriented business to have locks or mechanisms that prohibit, upon demand, the immediate entry or access by a police officer.

Additional regulations for escort agencies.

A person commits an offense if the person employs at an escort agency any person under the age of eighteen (18) years.

A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years.

An employee of an escort agency must attend training given by the licensee concerning the requirements of this section as they pertain to escort agencies, including but not limited to subsections (d)(3), (d)(5), (d)(6), (e)(2), (f)(1)–(4), and (g)(1), before the employee receives any compensation for the person’s services. The licensee shall provide this training to all employees at the beginning of employment before the employee receives any compensation for services; and, at least once a year thereafter. The licensee shall maintain written records of the training provided to each employee pursuant to this subsection. These records shall include a signed and dated statement from each employee verifying the employee’s attendance at and participation in training provided by the licensee identifying the date on which the training was provided and the specific topics discussed.

A licensee shall designate and appoint one or more individuals to manage, direct, and control the premises and operations of the escort agency. At least one person so appointed shall be on the premises at any time the escort agency is open.

An operator or a person appointed under subsection (D) above shall at all times have the duty to ensure that each employee in the escort agency has received the training required by subsection (C) above and each employee is instructed to commit no act which would constitute a violation of this section or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this section.

Additional regulations for nude model businesses.

A person commits an offense if the person employs at a nude model business any person under the age of eighteen (18) years.

A person under the age of eighteen (18) years commits an offense if the person appears in a state of nudity in or on the premises of a nude model business.

A person commits an offense if the person appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model business premises which can be viewed from the public right-of-way.

A person commits an offense if the person places or permits a bed, sofa or mattress in any room on the premises of a nude model business, except that a sofa may be placed in a reception room open to the public and not utilized by any person for reclining.

A licensee or employee commits an offense if the person permits any customer access to an area of the premises not visible from the manager’s station by direct line of sight or not visible by a walk-through of the premises without entering a private, exclusive, closed, curtained, or otherwise screened area, excluding restrooms. The view required in this subsection shall be by direct line of sight. The view shall be deemed insufficient if clear visibility of such line of sight must be attained by utilizing flashlights or spotlights in addition to overhead house lighting.

An employee of a nude model business, while appearing in a state of nudity, commits an offense if the employee touches a customer or the clothing of a customer.

A customer at a nude model business commits an offense if the customer touches an employee or the clothing of an employee while the employee is appearing in a state of nudity.

A licensee commits an offense if the licensee fails to display the signs on the interior of the nude model business premises as required in subsection (f)(4)(A) and/or the floor markings required in subsection (f)(4)(B).

An employee of a nude model business commits an offense if that employee allows, asks, directs, or suggests that a customer disrobe to a state of nudity.

An employee of a nude model business must attend training given by the licensee concerning the requirements of this section as they pertain to nude model businesses, including but not limited to subsections (d)(3), (d)(5), (d)(6), (e)(3), (f)(1)–(4), and (g)(1), before the employee receives any compensation for the person’s services. The licensee shall provide this training to all employees at the beginning of employment before the employee receives any compensation for services; and, at least once a year thereafter. The licensee shall maintain written records of the training provided to each employee pursuant to this subsection, These records shall include a signed and dated statement from each employee verifying the employee’s attendance at and participation in training provided by the licensee identifying the date on which the training was provided and the specific topics discussed.

A licensee shall designate and appoint one or more individuals to manage, direct, and control the premises and operations of the nude model business. At least one person so appointed shall be on the premises at any time the nude model business is open.

An operator or a person appointed under subsection (K) above shall at all times have the duty to ensure that each employee in the nude model business has received the training required by subsection (J) above and each employee is instructed to commit no act which would constitute a violation of this section or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this section.

Additional regulations for sexually oriented theaters and sexually oriented motion-picture theaters.

A person commits an offense if the person employs at a sexually oriented theater or sexually oriented motion-picture theater, any person under the age of (18) or knowingly allows a person under the age of eighteen (18) years to appear in a state of nudity in or on the premises of a sexually oriented theater or sexually oriented motion-picture theater.

A person under the age of eighteen (18) years commits an offense if the person knowingly appears in a state of nudity in or on the premises of a sexually oriented theater or sexually oriented motion-picture theater.

Sexually oriented theaters and sexually oriented motion-picture theaters shall also comply with the requirements of subsection (e)(5) of this section.

An employee of a sexually oriented theater or sexually oriented motion-picture theater must attend training given by the licensee concerning the requirements of this section as they pertain to sexually oriented theaters or sexually oriented motion-picture theaters, including but not limited to subsections (d)(3), (d)(5), (d)(6), (e)(4), (f)(1)–(4), and (g)(1), before the employee receives any compensation for the person’s services. The licensee shall provide this training to all employees at the beginning of employment before the employee receives any compensation for services; and, at least once a year thereafter. The licensee shall maintain written records of the training provided to each employee pursuant to this subsection. These records shall include a signed and dated statement from each employee verifying the employee’s attendance at, and participation in, training provided by the licensee identifying the date on which the training was provided and the specific topics discussed.

A licensee shall designate and appoint one or more individuals to manage, direct, and control the premises and operations of the sexually oriented theater or sexually oriented motion-picture theater. At least one person so appointed shall be on the premises at any time the sexually oriented theater or sexually oriented motion-picture theater is open.

An operator or a person appointed under subsection (E) above shall at all times have the duty to ensure that each employee in the sexually oriented theater or sexually oriented motion-picture theater has received the training required by subsection (D) above and each employee is instructed to commit no act which would constitute a violation of this section or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this section.

Regulations pertaining to exhibition of sexually explicit films, photographs, pictures or videos.

A person who operates or causes to be operated a sexually oriented business, other than a sexually oriented motel, which exhibits on the premises in a viewing room, a film, photograph, picture, videocassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

An application for a sexually oriented business license shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however each diagram shall be oriented to the north, or to some designated street or object, and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches (6"). The chief of police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since the previously submitted diagram was prepared.

The application shall be sworn to be true and correct by the applicant.

No alteration in the configuration or location of a manager’s station may be made without the prior approval of the chief of police.

The licensee commits an offense if the licensee permits a manager’s station to be unattended by an employee at any time a customer is present on, in or about the premises.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any customer is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment or any other equipment allowing for the viewing of film, videos, photographs or other video reproduction. If the premises has two (2) or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any customer is permitted access for any purpose from at least one (1) of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.

The licensee commits an offense if the licensee permits a customer access to any area of the premises that is not visible from the manager’s station for any purpose, excluding restrooms.

The licensee, operator and any agents and employees present on the premises shall ensure: that the view area specified in subsection (v) of this section remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials at all times that any customer is present on, in or about the premises; and, that no customer is permitted access to any area of the premises which has been designated as an area in which customers will not be permitted in the application filed pursuant to subsection (i) of this section.

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than five (5.0) footcandles as measured at the floor level.

The licensee commits an offense if the licensee permits illumination of any area of the premises to which customers have access to be less than five (5.0) footcandles as measured at the floor level.

No viewing room or booth of less than 150 square feet of floor space shall be occupied by more than one (1) person at any time.

No licensee shall allow openings or holes of any kind to exist between adjacent or adjoining viewing rooms or booths.

No person shall make or attempt to make an opening or hole of any kind between adjacent or adjoining viewing rooms or booths.

The licensee shall, during each business day, regularly inspect the walls of all viewing rooms or booths to determine if any openings or holes exist.

In a viewing room or booth of less than 150 square feet of floor space, the walls shall be no more than forty-eight (48) inches tall. At least one wall of any such viewing room or booth shall be visible in a direct unobstructed line of sight from the manager’s station. Each wall or door of any such viewing room or booth shall be constructed of clear transparent glass, plastic or substantially equivalent materials that allow an unobstructed view of the entire interior of the viewing room or booth.

Live entertainment is prohibited in any viewing room or booth of less than 500 square feet of floor space, as well as any other room adjacent to or visible from any viewing room or booth.

The licensee or operator commits an offense if the licensee knowingly allows a person to appear in a state of nudity in, on or about the premises of a sexually oriented business, other than a sexually oriented motel, which exhibits on the premises in a viewing room of less than 500 square feet of floor space, a film, photograph, picture, videocassette or other video reproduction which depicts specified sexual activities or specified anatomical areas.

A person commits an offense if the person knowingly appears in a state of nudity in or on the premises of a sexually oriented business, other than a sexually oriented motel, which exhibits on the premises in a viewing room of less than 500 square feet of floor space, a film, photograph, picture, videocassette or other video reproduction which depicts specified sexual activities or specified anatomical areas.

It is a defense to prosecution under subsections (xvi) and (xvii) of this section if the person was in a restroom not open to public view or persons of the opposite sex.

A person having a duty under subsection (i) through (xviii) of subsection (A) herein commits a misdemeanor if he or she knowingly fails to fulfill that duty.

An employee of a sexually oriented business that exhibits sexually explicit films, photographs, pictures or videos must attend training given by the licensee concerning the requirements of this section as they pertain to such a business, including but not limited to subsections (d)(3), (d)(5), (d)(6), (e)(4), (e)(5), (f)(1)–(4), and (g)(1), before the employee receives any compensation for the person’s services. The licensee shall provide this training to all employees at the beginning of employment before the employee receives any compensation for services; and, at least once a year thereafter. The licensee shall maintain written records of the training provided to each employee pursuant to this subsection. These records shall include a signed and dated statement from each employee verifying the employee’s attendance at and participation in training provided by the licensee identifying the date on which the training was provided and the specific topics discussed.

A licensee shall designate and appoint one or more individuals to manage, direct, and control the premises and operations of the sexually oriented business as described in this section. At least one person so appointed shall be on the premises at any time the sexually oriented business as described in this section is open.

An operator or a person appointed under subsection (D) above shall at all times have the duty to ensure that each employee in the sexually oriented business as described in this section has received the training required by subsection (C) above and each employee is instructed to commit no act which would constitute a violation of this section or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this section.

Additional regulations pertaining to sexually oriented bookstores, sexually oriented novelty stores and sexually oriented video stores.

A person who operates or causes to be operated a sexually oriented bookstore, sexually oriented novelty store or sexually oriented video store shall comply with the following requirements:

An application for a sexually oriented business license shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram shall be oriented to the north, or to some designated street or object, and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches (6"). The chief of police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since the previously submitted diagram was prepared.

The application shall be sworn to be true and correct by the applicant.

No alteration in the configuration or location of a manager’s station may be made without the prior approval of the chief of police.

The licensee commits an offense if the licensee permits a manager’s station to be unattended by an employee at any time a customer is present on, in, or about the premises.

The licensee commits an offense if the licensee permits a customer access to any area of the premises that is not visible from the manager’s station for any purpose, excluding restrooms.

The owners, operator and any agents and employees present on the premises shall ensure: that the view area specified in subsection (v) of this section remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials at all times that any customer is present on, in or about the premises; and, that no customer is permitted access to any area of the premises which has been designated as an area in which customers will not be permitted in the application filed pursuant to subsection (i) of this section.

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than twenty (20.0) footcandles as measured at the floor level.

The licensee commits an offense if the licensee permits illumination of any area of the premises to which customers have access to be less than twenty (20.0) footcandles as measured at the floor level.

No viewing room or reading room may be occupied by more than one (1) person at any time.

No licensee shall allow openings or holes of any kind to exist between adjacent or adjoining viewing rooms or booths or reading rooms or booths.

No person shall make or attempt to make an opening or hole of any kind between adjacent or adjoining viewing rooms or booths or reading rooms or booths.

The licensee shall, during each business day, regularly inspect the walls of all viewing rooms or booths and reading rooms or booths to determine if any openings or holes exist.

The walls of any viewing room or booth and any reading room or booth shall be no more than forty-eight (48) inches tall. At least one wall of any viewing room or booth shall be visible in a direct unobstructed line of sight from the manager’s station. Each wall or door of any viewing room or booth shall be constructed of clear transparent glass, plastic or substantially equivalent materials that allow an unobstructed view of the entire interior of the viewing room or booth.

Live entertainment is prohibited in any viewing room or booth and any reading room or booth as well as any other room adjacent to or visible from any reading or viewing room or booth.

The licensee or operator commits an offense if the licensee knowingly allows a person to appear in a state of nudity in, on or about the premises of a sexually oriented bookstore, sexually oriented novelty store or sexually oriented video store that contains a viewing room or reading room of less than 500 square feet of floor space.

A person commits an offense if the person knowingly appears in a state of nudity in, on or about the premises of a sexually oriented bookstore, sexually oriented novelty store or sexually oriented video store that contains a viewing room or reading room of less than 500 square feet of floor space.

It is a defense to prosecution under subsections (xvi) and (xvii) of this section if the person was in a restroom not open to public view or persons of the opposite sex.

A person having a duty under subsections (i) through (xviii) of subsection (A) herein commits a misdemeanor if he or she knowingly fails to fulfill that duty.

An employee of a sexually oriented bookstore, sexually oriented novelty store or sexually oriented video store must attend training given by the licensee concerning the requirements of this section as they pertain to such a business, including but not limited to subsections (d)(3), (d)(5), (d)(6), (e)(4), (e)(5), (e)(6), (f)(1)–(4), and (g)(1), before the employee receives any compensation for the person’s services. The licensee shall provide this training to all employees at the beginning of employment before the employee receives any compensation for services; and, at least once a year thereafter. The licensee shall maintain written records of the training provided to each employee pursuant to this subsection. These records shall include a signed and dated statement from each employee verifying the employee’s attendance at and participation in training provided by the licensee identifying the date on which the training was provided and the specific topics discussed.

A licensee shall designate and appoint one or more individuals to manage, direct, and control the premises and operations of the sexually oriented bookstore, sexually oriented novelty store or sexually oriented video store. At least one person so appointed shall be on the premises at any time the sexually oriented bookstore, sexually oriented novelty store or sexually oriented video store is open.

An operator or a person appointed under subsection (D) above shall at all times have the duty to ensure that each employee in the sexually oriented bookstore, sexually oriented novelty store or sexually oriented video store has received the training required by subsection (C) above and each employee is instructed to commit no act which would constitute a violation of this section or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this section.

Miscellaneous.

Hours of operation.

No sexually oriented business, except for a sexually oriented motel, may remain open at any time between the hours of two o’clock (2:00) a.m. and eight o’clock (8:00) a.m. on weekdays and Saturdays, and two o’clock (2:00) a.m. and noon (12:00) p.m. on Sundays.

Prohibition against children in a sexually oriented business.

A licensee, operator or employee commits an offense if the licensee, operator or employee knowingly allows a person under the age of eighteen (18) years of age on the premises of a sexually oriented business or employs of any person under the age of eighteen (18) to work at the sexually oriented business.

Additional regulations concerning public nudity.

A licensee, operator or employee commits an offense if the licensee, operator or employee knowingly allows, in a sexually oriented business, another to appear in a state of nudity, unless the person is an employee who, while in a state of nudity, is on a stage (on which no customer is present) at least eighteen (18) inches above the floor, and is: (1) at least six (6) feet from any customer (hereinafter called “enclosed performance stage”); or (2) physically separated from customers by a wall or partition composed of solid glass or light-transmitting plastic, or substantially equivalent material extending from the floor of the performance stage to at least five (5) feet above the level of the performance stage, but such that there are no openings in the wall or partition that would permit physical contact between customers and such employee (hereinafter called “enclosed performance stage”).

It is an offense for an employee, while in a state of nudity in a sexually oriented business, to receive directly any pay or gratuity from any patron or customer, or for any patron or customer to pay or give any gratuity directly to any employee, while that employee is in a state of nudity. Such gratuity or pay may be provided to such employee through a tip receptacle, located more than six (6) feet from the nearest point of the performance stage where such employee is in a state of nudity, or may be paid to an employee that is not in a state of nudity, as part of the customer’s bill.

It is an offense if an employee, while in a state of nudity, touches a customer or the clothing of a customer.

It is an offense if a customer touches an employee appearing in a state of nudity or clothing of the employee.

Conspicuous signage and markings required.

A licensee or operator commits an offense if the licensee or operator fails to display a sign on the interior of the sexually oriented business notifying customers and employees of the prohibition prescribed by subsections (f)(3)(A), (B), (C) and (D), above. The sign must be prominently and continuously displayed where customers enter the premises, and must also be immediately adjacent to each stage required by subsection (f)(3)(A). The signs will bear the following words written in letters at least two inches high:

TOUCHING OR TIPPING AN EMPLOYEE WHO IS IN A STATE OF NUDITY IS A CRIME (MISDEMEANOR), PUNISHABLE BY FINE UP TO $2,000.00. PATRONS SHALL REMAIN AT LEAST SIX FEET FROM ALL UNENCLOSED PERFORMANCE STAGES.

The chief of police may require, at the time of issuance or renewal of the license, the licensee to also display the sign in a language other than English if he determines that a substantial portion of the expected customers speak the other language as their familiar language. Upon notification, a licensee commits an offense if the sign does not contain the English words required in the above section as well as the same words written in the other language required by the chief of police.

A licensee or operator commits an offense if the licensee, operator or employee fails to prominently and continuously display a two inches [inch] wide glow-in-the-dark line on the floor of the sexually oriented business marking a distance of six feet from each unenclosed stage on which an employee, in a state of nudity, may appear in accordance with subsection (f)(3)(A)[.]

Enforcement.

Violation a misdemeanor.

Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined an amount not to exceed $2,000.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

Notice of violation.

The city shall send to a sexually oriented business written notice of each citation issued to an operator or employee of the business for an alleged violation of subsections (f)(2), (f)(3), (f)(4) or any provision of subsection (e) of this section. The notice will be sent within three (3) business days of the issuance of the citation to the operator or employee. The notice will be sent by certified mail, return receipt requested, to the business address of the sexually oriented business as it appears on its license application, to the attention of the licensee, as it appears on the license application. A failure of the city to provide such notice is not a violation of this section. It is not a defense to a citation issued to an employee or operator for an alleged violation of subsections (f)(2), (f)(3), (f)(4), or any provision of subsection (e) of this section, that notice of the issuance of that citation was not given to the sexually oriented business in accordance with this section.

(Ordinance 677 adopted 11/5/12)

§ 14.02.177 Noise.

License required.

No business, bar, dance hall, or similar establishment may hold musical performances without first obtaining a license from the city. Governmental subdivisions, churches, permanent houses of worship, private residences, and educational facilities shall not be considered establishments and are exempt from the licensing requirements hereunder.

Definitions.

Annual license.

Only where events are the same type and venue, held on a regular basis (e.g., business has a similar performer every Saturday night).

One-time license.

Venues with a single performance, or varying venues (must apply for separate permits).

Licensing procedure.

The license fee shall be as provided in section A14.02.177 of the fee schedule in appendix A to this code.

The license and any license renewal shall be obtained at city hall or at the police department and shall be issued by the city manager, the chief of police, or their designate. Establishment licenses shall not become effective until also approved by the city’s code compliance official.

The license application shall include:

The name of the establishment.

The name, address, driver’s license number, and date of birth of the establishment’s owner and any other employee responsible for complying with city ordinances, state law, and any establishment’s noise performance standards.

The address or addresses where the licensee’s activity will take place.

The license shall be issued prior to any performance in the establishment.

Annual license shall be valid for one year, unless revoked earlier as set forth herein.

Licensees shall keep all information in the license application current and shall notify the city of any change of venue or performance type in said information.

Licenses are nonassignable.

Establishment requirements.

Establishments subject to these special use regulations and in which musicians, bands, disc jockeys, or musical groups will perform music shall, with the aid of the city’s code compliance official, establish sound and decibel guidelines and procedures applicable to musical performances at that location.

Establishments shall inform musicians, bands, disc jockeys, or musical groups in writing of the establishment’s noise performance standards prior to any performance in the establishment. The musician, band, disc jockey, or musical group shall acknowledge receipt of the establishment’s noise standards prior to any performance. Both the establishment and the musician, band, disc jockey, or musical group shall be responsible for maintaining the sound it creates within the establishment’s approved guidelines. Establishments shall post the performance standards in both English and Spanish in a conspicuous location and in a manner designated by the code compliance official.

The city’s code compliance official, fire marshal, or police chief, as a condition to any establishment’s license, shall have the authority to require noise abatement measures at the establishment where musical performances are held.

Noise abatement measures shall be reasonable, shall be directly related to minimizing noise complaints, and not unduly burdensome on the establishment. Noise abatement measures shall include, but not be limited to, insulation, sound barriers, vegetation, performance hours, and location of entrances and exits to an establishment.

The code compliance official shall have the authority to require noise abatement measures at an establishment if an establishment has been cited for noise violations and/or the city has received noise complaints for noise coming from such establishment.

Licenses as required herein shall be subject to sections 14.02.441 through 14.02.445. Additionally, decisions of the code compliance official shall be subject to appeal to the board of adjustment pursuant to section 14.02.395.

“Musical performance” as used herein includes public or private dances, concerts, and practice sessions, any of which includes vocals and/or musical instruments, whether such are electronically or physically created.

A license issued hereunder may be revoked by the city council in the event an establishment and/or the musicians performing in the establishment have been finally convicted for violations of this section for noise coming from the establishment three or more times in any 24-month period. An establishment may not reapply for a license required by this section from the city for one year following any license revocation.

Penalties.

A violation of any of the provisions of this section shall be unlawful and shall constitute a misdemeanor. Any violation of this section shall be punishable by a fine not to exceed $500.00 per occurrence per day. A day shall be defined as the period of time from 12:00 midnight to 11:59 p.m. In addition to the fine, the city’s code enforcement official or a member of the police department may order the immediate cessation of any performance at an establishment if the establishment is not licensed as required herein.

(Ordinance 716 adopted 3/23/15)

§ 14.02.178 Barriers.

Where any business boundary directly abuts property on which a permanent residence is located, the business shall provide a barrier with a minimum of six feet along the boundary with the permanent residence. “Barrier” shall mean a solid fence or wall.

(1999 Code, sec. 153.067)

§ 14.02.179 Display of sexually explicit material to minors.

A person commits an offense, if, in a business establishment open to persons under this age of 18 years, he/she displays any graphic or visual representation of material, including but not limited to a book, pamphlet, newspaper, magazine, film, videocassette, or DVD depicting, in a manner calculated to arouse or exploit sexual lust or passion for commercial gain, any of the following:

Human sexual intercourse, masturbation, or sodomy;

Fondling or other erotic touching of human genitals, buttocks, or female breasts;

Less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola; or

Human male genitals in a discernibly turgid state, whether covered or uncovered.

In this section, “display” means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:

It is available to the general public for handling and inspection; or

The cover or outside packaging of the item is visible to members of the general public.

In addition to the enforcement remedies set forth herein, the city’s code compliance official shall have the authority to make reasonable rules and conditions for businesses to ensure that sexually explicit materials are not displayed to minors.

In this section, “person” means an individual, corporation, or association.

The owner and any person in actual possession of the business establishment at which a violation of this section occurs has a legal duty to prevent a violation of this section and shall be criminally responsible for any such unlawful display. It shall be an affirmative defense to a violation under this section that the person made a reasonable effort to prevent the offense.

A violation of this section shall be unlawful and shall constitute a misdemeanor. Any violation of this section shall be punishable by a fine not to exceed $1,000.00 per occurrence per day. A day shall be defined as the period of time from 12:00 midnight to 11:59 p.m.

(1999 Code, sec. 153.068)

§ 14.02.180 Recreational vehicle parks.

Purpose.

The city council finds that properly planned and operated recreational vehicle communities (RV parks):

Promote the safety and health of the residents of such communities and of other nearby communities, and

Encourage economic and orderly development of such communities and of other nearby communities. Therefore, it is declared to be the policy of the city to eliminate and prevent health and safety hazards and to promote the economic and orderly development and utilization of land by providing for planned and supervised RV parks, by providing for the standards and regulations necessary to accomplish these purposes and to promote the health, safety, and general welfare of the public.

Applicability.

This section shall apply to any recreation vehicle park (RV park) to be located within the city limits.

Code compliance inspector.

Definitions.

Accessory structure.

Any structural addition to the RV, including awnings, cabanas, carports, garages, porches, storage cabinets, storage sheds, and similar appurtenant structures.

City.

The City of Giddings, Texas.

The official of the city or his/her designee charged with the enforcement of the provisions of this section.

Code compliance official.

The official of the city responsible for the inspection of electrical, mechanical, and plumbing associated with a property.

Controlling interest.

A person or developer who controls at least fifty-one percent (51%) of ownership.

Full-time employee.

A person who is responsible for maintenance of the RV park seven (7) days per week.

Licensee or agent.

A person who may or may not own the RV park but is [the] person responsible for the day-to-day operations including records and license of the park.

Recreational vehicle or RV.

Any licensed camp trailer, travel trailer, motor home or fifth wheel designed to provide temporary living quarters only, for recreational camping or travel use, constructed with integral wheels to make it mobile and/or towable by motor vehicle.

Recreational vehicle park or RV park.

Any lot, tract, or parcel of land upon which accommodation is provided for two or more recreational vehicles used as living or sleeping quarters by the day, week, or month, whether a charge is or is not made. A recreational vehicle park is a unified development of recreational vehicle spaces provided for recreational vehicle use with or without community facilities and permitted permanent buildings.

Recreational vehicle space or RV space.

That part of a lot or area in an RV park that has been reserved for the placement of one RV.

License.

Required.

It shall be unlawful for any person to operate any RV park within the city limits unless he/she holds a valid license issued annually by the city in the name of such person for the specific park. The applicant shall make all applications for the licenses on forms furnished by the city, which shall issue a license upon compliance with the provisions of this article.

License fee.

The license fee shall be as provided in section B14.02.180 of the fee schedule in appendix B to this code.

Hearing on denial.

Any person whose application for a license under this section has been denied may request a hearing before the city planning and zoning commission with recommendation forwarded to city council for approval or disapproval.

Application for renewal.

Application for renewal of an RV park license shall be made in writing by the licensee on forms furnished by the city on or before December 31st of each year. Such application shall contain any changes in the information occurring after the original license was issued or the latest renewal granted. The renewal license fee shall be as provided in section B14.02.180 of the fee schedule in appendix B to this code.

Approval of transfer.

Every person holding a license shall give notice in writing to the city within ten (10) days after having sold, transferred, given away, or otherwise disposed of interest in or control of any RV park. Application for transfer of a license shall be made within ten (10) calendar days after notification of change covered in this subsection. Within thirty (30) calendar days thereafter, the city shall act on the application for license transfer and it shall be approved if the RV park is in compliance with the provisions of this section.

Transfer fee.

The license transfer fee shall be as provided in section B14.02.180 of the fee schedule in appendix B to this code.

Suspension.

Whenever, upon inspection of any RV park, the city finds that conditions or practices exist which are in violation of any provisions of this article applicable to such park, the city shall give notice in writing to the owner and/or manager of the park, and if such conditions or practices have not been corrected in the time frame set forth in the notice, the city will suspend the license and give notice of such suspension. Upon suspension of the license, the licensee shall cease operation of such park.

The suspension of the license may be appealed to the city council as set forth in subsection (f)(1)(F)(ii) (notices, hearings, and orders).

Inspections.

Authorized.

The code compliance office[r] is hereby authorized to make such inspections as are necessary to determine compliance with this section.

Entry on premises.

The code compliance office[r] shall have the power to enter at reasonable times upon any private or public property within the purpose of inspecting and investigating conditions relating to the enforcement of this section.

Notices, hearings, and orders.

Notice of violation.

Whenever it is determined that there are grounds to believe that there has been a violation of any provision of this article, the city shall give notice of such alleged violation to the licensee or agent, as hereinafter provided. Such notice shall:

Be in writing.

Include a statement of the reasons for its issuance.

Allow ten (10) days for compliance.

Be served upon the license or his agent; provided that such notice or order shall be deemed to have been properly served upon such licensee or agent when a copy thereof has been served in person or sent by certified mail to his/her last known address.

Contain an outline of remedial action that, if taken, will effect compliance with the provisions of this section.

After all procedures outlined above are exhausted citations may be issued. If the city mails a notice to a property owner in accordance with subsection (f); and

The United States postal service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered as delivered.

Appeal from notice.

Any person affected by any notice that has been issued in connection with the enforcement of any provision of this section applicable to such park may request a hearing before the city council provided that such person shall file within ten (10) days after the day the notice was served, in the city secretary’s office, with a copy to the office of the code compliance official, a written petition requesting such hearing and setting forth a brief statement of the grounds thereof. The filing request for a hearing shall operate as a stay of the notice and of the suspension, except in the case of an order issued under subsection (iv) of this section.

Issuance of order.

After such hearing the city council shall issue an order in writing sustaining, modifying, or withdrawing the notice of violation, which order shall be served by certified mail upon the petitioner. Any failure to comply with an order sustaining or modifying the finding of a violation shall constitute grounds for immediate revocation of the license of the park affected by the order.

Order without notice.

Whenever the city finds that an emergency exists which requires immediate action to protect the public health or safety, the designated official may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring the action to be taken as deemed necessary to meet the emergency. Notwithstanding any other provisions of this section, such order shall be effective immediately, but upon written petition to the city shall be afforded a hearing as soon as possible. The provisions of subsection (iii) of this section shall be applicable to such hearing and the order issued thereafter.

Violations declared nuisance; abatement; penalty.

Any noncompliance with this article is hereby deemed a nuisance. The city may abate and remove the nuisance and punish the person(s) responsible for causing or allowing the nuisance condition to exist. Any person(s) violating this section shall be subject to a fine as set forth in the Code of Ordinance chapter one, general provisions, section 1.01.009, general penalty for violations of code and continuing violations. The code compliance official shall be the authority of the jurisdiction responsible for the issuance of citations and any action deemed necessary for the enforcement of this section.

Site development plan.

Each site development plan must be prepared and submitted to city staff, planning and zoning commission, and city council for approval. The site development plan must include the requirements for site plans contained herein. The planning and zoning commission shall have the power and it shall be its duty to recommend for adoption the RV park site development plan to the city council as a whole or in parts, for the future development and redevelopment of the municipality in accordance with chapter 211 of the Texas Local Government Code, as amended. The commission shall perform such other duties as may be prescribed by ordinance or state law. A nonrefundable fee will be required with submittal of the site development plan. The fee shall be as provided in section B14.02.180 of the fee schedule in appendix B to this code. The fee covers the administrative cost for design review, notification of residents within 200 feet of the proposed RV park, and for providing advertising/legal notice to the public. The fee will also cover any zone change requests required as part of site development. Note: The planning and zoning commission serves in an advisory capacity to the city council. Approval or denial of the RV park site development plan rests solely with the city council.

Location and fencing.

From the date of adoption of this section, new RV parks shall be located only in those zoning districts in which RV parks are a permitted use pursuant to the city zoning ordinance (agriculture (AR), general commercial (GC)) and follow the city conditional use process.

In addition, RV spaces shall not be located any closer than thirty-five (35) feet from any single-family residential (R-1) zoning district, and twenty-five (25) from and [any] multifamily (R-2, R-3) zoning district. RV spaces shall not be placed any closer than twenty-five (25) feet from any general commercial (GC) zoning district and agriculture residential (AR) zoning district.

A privacy fence at least six (6) feet in height must be placed on the property line adjoining any residence (R-1, R-2, and R-3) residences to buffer the RV park from view.

Size and density.

Each RV park must have a minimum size of three (3) acres. The maximum site density for RV parks shall be no more than twenty (20) spaces per acre. Only one RV is permitted per each RV space.

Size of individual RV spaces; pad requirements; landscaping.

Each RV space within the RV park shall have a minimum area of two thousand one hundred seventy-six (2,176) square feet and shall be at least thirty-four (34) feet wide and sixty-four (64) feet in depth. The interior pad spaces shall be designed as pull-through for ease of entering and leaving the site. The exterior pad spaces can be designed as back-in spaces. A roadway is therefore required to the front and rear for the pull-through spaces. In addition, the space shall be clearly marked identifying the space number.

The left side (10' x 64') of the RV space or driver’s side must be planted with grass and other landscaping.

The middle (12' x 64') must utilize a material that is hard-surface[,] dust-free. The middle portion is to be used for the parking of the RV.

The right side (12' x 64') or passenger side must utilize a material that is hard-surface[,] dust-free or crushed rock or planted with grass. This area on the right may be used as vehicular parking or patio area.

Street access; street lighting.

Each RV space within the RV park shall have access to an internal private roadway, which shall have access to a public street. The entrance of the internal roadway shall have a pavement width of at least twenty-eight (28') feet with an adequate curb radius. The major thoroughfare shall have a pavement width (concrete or asphalt) of twenty-eight (28) feet in accordance with city standards. The roadway may be fifteen (15) feet if the RV park is designed for one-way roads. Each emergency access lane shall have a clear unobstructed width of twenty-eight (28') feet; fifteen (15') feet if one-way and shall have a turning area and radii with a minimum of fifty (50') feet to permit free movement of emergency vehicles. Dead-end streets are not allowed.

Metal signs shall be placed along the emergency access lane, by the owner or agent of the RV park stating that parking is prohibited. The sign type, size, height and location shall be approved by the city.

Adequate street lighting for the RV park shall be approved by the city.

Required facilities.

All facilities that are constructed within the RV park used by residents must be well lit inside and out during the night hours. All facilities must meet applicable codes adopted by the city to include compliance with the Texas Accessibility Standards (TAS).

Soil and ground cover.

Exposed ground surfaces used for any roadway in all parts of the RV parks shall be covered with a hard-surface[,] dust-free material to eliminate dust. All roadways shall be kept in good repair.

Area designated for RV parks.

The area designated for the placement of recreational vehicle parks within the city limits shall be established per zoning requirements.

Drainage.

The ground surface in all parts of the RV park shall be graded and designed to drain all stormwater, surface water in a safe, efficient manner. Drainage analysis shall be performed by a licensed professional engineer and easements for the conveyance of surface water off-site shall be obtained, if necessary.

(q)

Water supply.

Each site within an RV park shall be provided with a connection to the city water supply if available. If city water supply is not available. The water distribution system shall be installed as follows:

The water supply system, fixtures and other equipment must be installed in accordance with applicable codes adopted by the city.

A master water meter shall be installed to serve the RV park. Sub-metering or re-metering of RV sites is not permitted.

A reduced pressure principal backflow preventer (RPZ) will be required to be placed at the property line on the discharge side of the master meter. In addition, there will be an atmospheric vacuum breaker installed on all hose bibs.

Water riser service branch lines shall extend at least four (4) to six (6) inches above ground elevation. The branch line shall be at least 3/4 inch.

Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes. Surface drainage shall be diverted from the location of utility connections at each site.

A ball valve shut-off valve below the frost line shall be provided near each water riser pipe.

The owner/operator shall have complete maintenance responsibility for the water system within the RV park.

The city has no maintenance responsibility for service lines within the RV park. The responsibility of the city stops at the property line.

(r)

Wastewater facilities.

Each site within the RV park shall be provided with a connection for wastewater if available. If city wastewater is not available then a permit from the Texas Commission on Environmental Quality (TCEQ) shall be obtained prior to placement of an on-site sewage facility. All proposed wastewater service lines shall be connected to the city wastewater system if available.

On-site sewage facilities are permitted if city utilities are not available. The city must approve all proposed wastewater facility plans prior to construction. The wastewater distribution system shall be installed as follows:

The wastewater system and materials must be installed in accordance with applicable codes adopted by the city.

Each site shall be provided with a four-inch diameter wastewater riser and shall extend above grade four (4) to six (6) inches. The wastewater riser pipe shall be so located on each stand so that the wastewater connection to the RV drain outlet will approximate a vertical position. Each inlet shall be provided with a gastight seal when connected to a recreational vehicle or have a gastight seal plug when not in service. The plug shall be that of a spring loaded device.

The wastewater connection to each site shall consist of a single four-inch service line without any branch lines, fittings, or connections. All joints shall be watertight.

Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four (4) to six (6) inches above the ground elevation.

Each collection wastewater line shall provide a vent extending a minimum of ten (10) feet in height.

The owner/operator shall have complete maintenance responsibility for the wastewater system within the RV park. The responsibility of the city stops at the property line.

All chemicals entering the city sewer shall be biodegradable.

(s)

Electrical service.

Each site within the RV park shall be provided with electrical service. All electrical service shall be underground and installed in accordance with the current National Electrical Code adopted by the city. The electrical service shall be installed as follows:

All electrical conductors shall be install[ed] as per the current electrical code adopted be [by] the city, and with any adopted amendments.

A master electric meter shall be installed to serve the RV park. Sub-metering or re-metering of RV sites is not permitted.

The city has no maintenance responsibility for service lines within the RV park. The responsibility of the city stops at the property line.

The location of all underground lines shall be clearly marked by surface signs at approved intervals.

Power supply to each site shall be a minimum of one 20-amp receptacle, one 30-amp receptacle, and one 50-amp power supply.

Outlets (receptacles or pressure connectors) shall be housed in an Underwriters’ Laboratories, Inc., approved weatherproof outlet box.

A watertight seal shall be provided for underground conduit in floodplain installations and a riser extending a minimum of two (2) feet above the floodplain elevation shall be provided.

(t)

Sanitary facilities.

If the RV park provides sanitary facilities, the following requirements apply:

One (1) toilet or stool for the female sex for every twenty (20) spaces or fraction thereof (minimum of one (1) is required) for the first one hundred and twenty (120) sites, and one (1) per forty (40) sites thereafter.

One (1) toilet or stool and one (1) urinal stall for the male sex for every twenty (20) spaces or fraction thereof (minimum of one (1) is required) for the first one hundred and twenty (120) spaces, and one (1) per forty (40) spaces thereafter.

One (1) wash basin shall be provided within the toilet room for every two (2) toilets or fraction thereof (a minimum of one (1) is required).

One (1) shower shall be provided for each sex for each twenty (20) spaces or fraction thereof (minimum of one is required for each sex) for the first one hundred and twenty (120) spaces, and one (1) per forty (40) spaces thereafter.

All toilets and shower facilities shall be placed in properly constructed buildings and located not more than two hundred (200) feet from any RV space.

Buildings shall be welt [well] lit at all times, day or night, well ventilated with screened openings, and constructed of moisture-proof material to permit rapid and satisfactory cleaning, scouring and washing.

The floors shall be of concrete or other impervious material, elevated not less than four (4) inches above grade, and each room shall be provided with floor drains.

A slop sink or basin with water supply shall be in each restroom (male and female) and at least one (1) in the laundry facility, and shall be constructed in accordance with design, size and materials approved by the code official.

Toilet and bathing facilities shall be in separate rooms or partitioned apart in any manner as to provide privacy and promote cleanliness. Each toilet provided in a community toilet house shall be partitioned apart from any other toilet in the same room. The floor surface around the commode shall not drain into the shower floor.

Toilet floors and walls shall be of impervious material, painted white or a light color, and kept clean at all times. Shower stalls shall be of tile, plaster, cement or some other impervious material and shall be kept clean at all times. If a shower stall is of some impervious material other than tile, cement or plaster, it shall be white or some light color and kept clean at all times. The floor of any bathroom, other than the shower stall, shall be of some impervious material, and the walls of the bathroom, other than the shower stall, shall be papered with canvas and wallpaper, or an equivalent washable surface kept clean at all times.

(u)

Storage, collection, and disposal of refuse and garbage.

Each RV park shall be provided with safe and adequate facilities for the collection and removal of waste and garbage. Storage, collection, and handling shall be conducted so as to create no health hazards, rodent harborage, insect breeding areas, or fire hazards. Every space shall be located within two hundred (200) feet of a refuse facility measured along the RV park internal roadway. Trash dumpsters shall be screened on three (3) sides.

Accessory structures.

The individual spaces within the RV park are not allowed to have accessory structures as defined herein.

(w)

Registration of guests.

Each person renting a space within a RV park shall provide the following information to the owner, manager, operator or person in charge of the RV park:

Name;

Full address of permanent residence;

Automobile and recreational vehicle license plate number and the state in which each is registered;

Driver’s license number of the owner;

The number or letter of the site being rented; and

Date of arrival and departure.

Control of insects, rodents and other pests.

Grounds, buildings and structures in the RV park shall be maintained free of the accumulation of high grass and weeds and debris so as to prevent rodent and snake harborage or the breeding of flies, mosquitoes or other pests.

The RV park owner or manager shall be responsible for maintaining the entire area of the park free of dry brush, leaves, limbs and weeds.

(y)

Fire safety standards; fire hydrants.

Open fires shall be allowed only in a manner and within a container approved by the city fire marshal.

A fire hydrant(s) must be placed such that each recreational vehicle site is at least six hundred (600) feet from one.

(z)

Permanent occupancy prohibited.

No RV park or recreational vehicle therein shall be used as a permanent residence for any period of time, notwithstanding subsection (o) (area designated for RV parks), except for permanent full-time employees of the RV park. No more than one (1) space shall be allowed for use as a permanent residence for full time employees. Occupancy or parking of an RV within the RV park extending beyond six (6) consecutive months in any twelve (12) month period shall be presumed permanent occupancy and is hereby prohibited. An RV may not return for a period of sixty (60) days following six (6) months consecutively.

Note. The city reserves the right to modify or change subsection (z) of this section for the purpose of a natural disaster or related incidents including the requirement of removal of all RV’s that may be subject to dangerous or inclement weather. However, the final decision for the removal of all RV’s, as defined herein, shall be at the sole discretion of the owner/operator of the RV park. The city assumes no liability.

(aa)

Existing recreational vehicle parks (RV) parks.

Upon the date of the adoption of this section, existing RV parks located inside the incorporated area of that choose to increase the size (land) or capacity (spaces) of an existing RV park, shall be required to follow the specifications of this section.

(bb)

Existing manufactured mobile home parks.

Existing manufactured home parks that have spaces for RV’s existing prior to the adoption of this section shall be permitted to occupy any space with an RV. However, in no instance shall a new manufactured home park that is to be located within the city limits be allowed any RV’s or RV spaces.

Same shall apply to an RV to be located within the city limits. Only RV’s shall be allowed in an RV park. No manufactured mobile home shall be permitted in a RV park.

(cc)

Effective date.

This section shall be in full force and effect from and after the date of its passage.

(dd)

Minor deviations.

With the approval of the conditional use permit, the planning and zoning commission, in its recommendation to the city council, and the city council in its approval of said permit, may approve certain minor deviations from this section. Deviations from setbacks, fence heights, and size and density of RV spaces may not be changed by more than 10% without obtaining an approved variance pursuant to the requirements set out in the city code.

(Ordinance 833 adopted 10/30/17)

§ 14.02.231 Off-street parking requirements.

Purpose.

The purpose of this section is to regulate required off-street parking facilities. These regulations are designed to provide for the needs of each land use activity within the city, except that regulations for off-street parking shall not apply to the CBD central business district.

Applicability.

These regulations shall apply in any of the following circumstances:

Any building, improvement, or use of land approved or erected after December 18, 1995, shall include the necessary off-street parking spaces that this section requires.

No existing building or structure may be altered or converted for any use permitted in the district in which it is located unless there shall be provided on the lot or tract or on a lot or tract contiguous with or within one hundred fifty feet of the building or structure, vehicle parking in the required ratio of vehicle spaces for the uses specified in the designated districts. Provided, however, an established use lawfully existing as of December 18, 1995, need not provide vehicle parking as hereinafter set forth unless (a) the existing structure or use is expanded or enlarged and (b) the number and size of the then existing parking and loading spaces is not thereafter reduced other than to comply with parking requirements of the Texas Accessibility Standards Act. For purposes of this section, an expanded use shall mean a use requiring more parking spaces per square foot of gross floor area or per relevant unit than the present use requires pursuant to section 14.02.234 of this article, the parking area requirements matrix. The off-street parking and loading standards of this section apply when an existing structure or use is expanded or enlarged. In such cases, additional off-street parking and loading spaces will be required to serve the entire building or use. The number of off-street parking and loading spaces provided for the entire use (preexisting plus expansion) shall equal at least 100% of the minimum requirement established in the parking area requirements matrix.

Minimum number of off-street spaces required.

Except as set forth in section 14.02.231(a) and (b), all land use activities shall be governed by the off-street parking requirements as described in section 14.02.234.

Shared parking.

Uses may join in establishing shared parking areas, provided that each of the following qualifications are met:

Up to 50% of the parking spaces required by section 14.02.234 may be provided by or used jointly with another business whose hours and days of operation do not normally conflict with the other businesses.

A written agreement assuring the joint usage of the shared parking spaces shall be drawn and executed by all parties concerned and shall be approved as to form by the city. Attorney fees shall be paid by the parties subject to the contract and shall not be paid by the city.

The code compliance officer and the planning and zoning commission shall both specifically approve the shared parking plan.

The city council may rescind such approval and require additional spaces if the city council finds that such shared parking is inadequate or is resulting in a public nuisance adversely affecting the public health, safety, or welfare.

All off-site shared parking shall also be required to be in conformance with all of the provisions found in subsection (e) below.

Proximity.

An off-street parking lot shall be located within 150 feet of a pedestrian entrance for its associated land use, exclusive of street and alley widths, and shall have direct access to a street or an alley. The lot shall be located in a district with the same zoning classification for which it is intended to serve and may not be located on a site which is zoned for residential use.

Off-street parking dimensions.

Parking spaces shall be designed and constructed on the basis of the following standards:

Ninety-degree angle parking.

Each parking space shall be not less than 10 feet wide or less than 19 feet in length. Maneuvering space is additional to the parking space and shall be no less than 24 feet perpendicular to the building or parking line.

Sixty-degree angle parking.

Each parking space shall be not less than nine feet wide or less than 19 feet in length. Maneuvering space is additional to the parking space and shall be no less than 20 feet perpendicular to the building or parking line.

Forty-five-degree angle parking.

Each parking space shall be not less than nine feet wide or less than 16 feet in length. Maneuvering space is additional to the parking space and shall be no less than 20 feet perpendicular to the building or parking line.

Parking area standards.

Surface and drainage.

All parking areas shall be paved in accordance with the city municipal specifications provided by the code compliance official. In addition, all parking areas shall allow for sufficient drainage.

Maintenance.

All parking areas shall be continually maintained in a satisfactory condition so as to be safe and attractive and free of any hazard, nuisance, or other unsafe condition.

Lighting.

To prevent nuisance situations, all parking area lighting shall be designed and operated so as not to reflect or shine intrusively on adjacent properties.

Parking space identification marking.

Except for single-family and two-family residential uses, parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Impermanent marking, such as paint, shall be regularly maintained. If any space identification markings become worn or otherwise dysfunctional, it is the responsibility of the property owner to replace or repair the identifiers within 30 days of notification of same by the code enforcement officer.

Headlight beam barriers.

Whenever a parking lot is located across the street from or adjacent to residentially zoned property (whether or not residences have been built at the time the parking lot is constructed), a permanent natural or artificial solid barrier of not less than three feet and not more than four feet above the finished grade of the off-street parking area shall be erected and maintained so as to provide a headlight screen for the residential district.

Planned unit developments or mixed-use developments.

The minimum parking space requirement for planned unit development shall be calculated by the planning and zoning commission as a regular function of the site plan review process. The commission shall take into consideration the land uses proposed for the project and the normal parking requirements for such uses as shown on section 14.02.234.

Parking lot design.

Lighting.

All off-street parking areas for land uses permitted in districts other than AR, R-1, and R-2, and which are used after dark, shall be illuminated. Such illumination shall begin 1/2 hour after sunset, and continue throughout the hours of use or until midnight, whichever is later.

Accessibility.

All parking spaces shall be accessible at all times from a street, aisle, or driveway intended to serve such off-street parking.

Special requirements for automotive retail sales.

Each new car lot and each used car lot or place of business for the sale of trucks or other motor vehicles existing or hereafter established shall be required to provide and conform to the following minimum standards and requirements:

The entire surface of the lot upon which such vehicles are displayed for sale shall be paved, and shall be graded to drain properly.

No vehicle displayed for sale upon a lot shall be parked within three feet of the right-of-way line abutting public streets or other public property, or within three feet of any private property line.

Requirements for off-street physically handicapped parking.

Spaces for the handicapped and physically impaired shall be provided in accordance with federal and state laws.

Adjustments.

For a use or a site subject to approval by the planning and zoning commission either as a planned unit development, mixed-use development or as a conditional use, the minimum requirements of this section may be adjusted in order to improve the safety, usability, efficiency, attractiveness, and protection to adjoining land uses in a manner equal to or greater than the specific requirements of this section.

No reduction below requirements.

Existing parking and loading spaces may not be reduced below the requirements established in this section. Any change in use that increases applicable off-street parking or loading requirements will be deemed a violation of this article unless parking and loading spaces are provided in accordance with the provisions of this section.

(1999 Code, sec. 153.080; Ordinance 588, sec. 2, adopted 11/7/05)

§ 14.02.232 Off-street loading and storage requirements.

Purpose.

The purpose of this section is to require the allocation of sufficient off-street/on-site loading facilities and storage space by business and industry to ensure that the loading and unloading of vehicles will not interfere with traffic flow or block roadways and/or fire lanes.

Application.

All retail, commercial, and industrial structures, or portions of such structures, shall provide and maintain off-street facilities for the loading and unloading of merchandise and goods within the building or outside the building on the premises.

Where such loading space is adjacent to a residential district, the space shall be enclosed and screened from such district on three sides.

Loading spaces shall have a minimum dimension of 12 feet by 30 feet, and shall not interfere with public right-of-way or emergency vehicle operations.

Number of off-street loading spaces or berths required.

Off-street loading shall be in conformance with the standards in the tables below:

Required off-street loading spaces for retail, commercial, and industrial land uses.

Required Off-Street Loading Spaces for Retail, Commercial, and Industrial Uses
Square Feet of Gross Floor Area	Minimum Required Spaces or Berths
0 to 5,000	None
5,001 to 50,000	1
50,001 to 100,000	2
100,001 to 200,000	3
Each additional 100,000	1 additional

Required off-street loading spaces for hotels, office buildings, restaurants, and similar establishments.

Required Off-Street Loading Spaces for Hotels, Office Buildings, Restaurants, and Similar Establishments
Square Feet of Gross Floor Area	Minimum Required Spaces or Berths
0 to 5,000	None
5,001 to 20,000	1
20,001 to 150,000	2
150,001 to 300,000	3
300,001 to 500,000	4
500,001 to 1,000,000	5
Each additional 100,000	1 additional

Location.

All off-street loading spaces shall be located at the side or rear of the building. No loading space may be in a designated fire lane.

Surface and drainage.

All off-street loading areas shall be paved and sealed in accordance with the municipal specifications provided by the city engineer. In addition, all loading areas shall allow for sufficient drainage.

Maintenance.

All off-street loading areas shall be continually maintained in a satisfactory condition so as to be safe and attractive and free of any hazard, nuisance, or other unsafe condition.

Adjustments.

For a use or a site subject to approval by the planning and zoning commission either as a planned unit development, mixed-use development or as a conditional use, the minimum requirements of this section may be adjusted in order to improve the safety, efficiency, usability, attractiveness, and protection to adjoining land uses in a manner equal to or greater than the specific requirements of this section.

(1999 Code, sec. 153.081)

§ 14.02.233 Ingress and egress requirements for parking lots.

Entrance and exit widths.

One-way entrances and exits.

Drives shall be a minimum of 12 feet wide and no greater than 25 feet wide at the property line.

Two-way entrances and exits.

Drives shall be a minimum of 25 feet wide and no greater than 45 feet wide at the property line.

Curb return radii.

Curb return radii shall be designed and constructed in accordance with the specifications provided by the code enforcement officer. Said specifications are incorporated as part of this article by this reference to them.

Public safety.

The city engineer is empowered to regulate the number and location of ingress and egress points on a site in order to ensure public safety.

Relationship to intersections.

The minimum location of entrances and exits to parking lots shall not be less than 20 feet from an intersection so as to minimize traffic interference.

Adjustments.

For a use or a site subject to approval by the planning and zoning commission either as a planned unit development, mixed-use development or as a conditional use, the minimum requirements of this section may be adjusted in order to improve the safety, efficiency, usability, attractiveness, and protection to adjoining land uses in a manner equal to or greater than the specific requirements of this section.

(1999 Code, sec. 153.082)

§ 14.02.234 Parking area requirements matrix.

Parking Area Requirements
Accessory buildings	Not applicable
Accountants	1 space per 300 sq. ft. of gross floor area
Advertising agencies	1 space per 300 sq. ft. of gross floor area
Air compressors	1 space per 300 sq. ft. of gross floor area
Air conditioning parts and service	1 space per 300 sq. ft. of gross floor area
Airline ticket agencies	1 space per 300 sq. ft. of gross floor area
Alcoholic beverage (liquor) store	1 space per 200 sq. ft. of gross floor area
Alterations, clothing	1 space per 300 sq. ft. of gross floor area
Ambulance service	1 space per 400 sq. ft. of gross floor area
Antique shops and dealers	1 space per 300 sq. ft. of gross floor area
Apartments	1.33 spaces per 1-bedroom units, 1.66 spaces per 2-bedroom units, 2 spaces per each 3-bedroom units, plus 15% of the total completed number for guest parking
Apartment rental agencies	1 space per 300 sq. ft. of gross floor area
Appliance dealers	1 space per 200 sq. ft. of gross floor area
Architects	1 space per 300 sq. ft. of gross floor area
Art galleries and dealers	1 space per 300 sq. ft. of gross floor area
Artist studios	1 space per 300 sq. ft. of gross floor area
Arts and crafts supplies	1 space per 300 sq. ft. of gross floor area
Attorneys	1 space per 300 sq. ft. of gross floor area
Auction house	1 space for every 4 seats
Auto body painting	1 space per 300 sq. ft. of gross floor area
Auto body repair	1 space per 300 sq. ft. of gross floor area
Auto cleanup and detail service	1 space per 300 sq. ft. of gross floor area
Auto dealers, new vehicles	1 space per 300 sq. ft. of gross floor area plus 4 additional spaces per each service bay
Auto dealers, used vehicles	1 space per 300 sq. ft. of gross floor area plus 4 additional spaces per each service bay
Auto engine repair	1 space per 300 sq. ft. of gross floor area
Auto muffler shop	1 space per 300 sq. ft. of gross floor area
Auto parts and supplies	1 space per 300 sq. ft. of gross floor area
Auto rental and leasing	1 space per 300 sq. ft. of gross floor area
Auto seat covers, tops, and upholstery	1 space per 300 sq. ft. of gross floor area
Auto service stations	2 spaces per bay plus 2 stacking spaces per pump
Auto wheel and brake service	1 space per 300 sq. ft. of gross floor area
Auto wrecker service	1 space per 300 sq. ft. of gross floor area
Auto undercoating and rustproofing	1 space per 300 sq. ft. of gross floor area
Automatic teller machine	2 spaces per walk-up and 2 stacking spaces per drive-up
Bait and tackle shops	1 space per 300 sq. ft. of gross floor area
Bakers, retail	1 space per 300 sq. ft. of gross floor area
Bakers, wholesale	1 space per 300 sq. ft. of gross floor area
Banks or financial services	1 space per 400 sq. ft. of gross floor area
Barbers and beauty salons	1 space per 300 sq. ft. of gross floor area
Bars	1 space per 300 sq. ft. of gross floor area
Battery (car and boat) shop	1 space per 300 sq. ft. of gross floor area
Bed and breakfast	1 space per bedroom
Bicycle sales and service	1 space per 300 sq. ft. of gross floor area
Billiard parlor	1 space per 200 sq. ft. of gross floor area
Bingo parlor	1 space per every 4 seats
Boat engine repair and service	1 space per 300 sq. ft. of gross floor area
Boat equipment and supplies	1 space per 300 sq. ft. of gross floor area
Boat sales	1 space per 300 sq. ft. of gross floor area
Book dealers, retail	1 space per 300 sq. ft. of gross floor area
Bowling alleys	1 space per 200 sq. ft. of gross floor area
Building material sales	1 space per 200 sq. ft. of gross floor area
Cabinet makers and millwork shops	1 space per 400 sq. ft. of gross floor area
Cafes	1 space per 100 sq. ft. of gross floor area
Candy and confection, retail	1 space per 300 sq. ft. of gross floor area
Carpet and rug dealers	1 space per 300 sq. ft. of gross floor area
Caterers	1 space per 100 sq. ft. of gross floor area
Cellular communications tower	1 service parking space
Cemetery or mausoleum	1 space per every 50 grave sites
Child care and day nurseries	1 space per 200 sq. ft. of gross floor area
Chiropractors	1 space per 300 sq. ft. of gross floor area
Church or place of worship	1 space per each 4 seats in the primary auditorium
Civic club or fraternal organization	1 space per 200 sq. ft. of gross floor area
Clothing store	1 space per 300 sq. ft. of gross floor area
Coin dealers	1 space per 300 sq. ft. of gross floor area
Commercial garage	2 spaces per each service stall
Commercial parking lot	Not applicable
Computer sales and service	1 space per 300 sq. ft. of gross floor area
Condominium	1.33 spaces per 1-bedroom unit, 1.66 spaces per 2-bedroom units, 2 spaces per each 3-bedroom units, plus 15% of the total computed number for guest parking
Contractors	1 space per 300 sq. ft. of gross floor area
Convenience stores	1 space per 200 sq. ft. of gross floor area
Copy and duplicating services	1 space per 200 sq. ft. of gross floor area
Dance halls	1 space per 100 sq. ft. of gross floor area
Dance instruction	1 space per 300 sq. ft. of gross floor area
Delivery services	1 space per 300 sq. ft. of gross floor area
Dental laboratories	1 space per 400 sq. ft. of gross floor area
Dentists	1 space per 300 sq. ft. of gross floor area
Department stores	1 space per 200 sq. ft. of gross floor area
Dinner theater	1 space per 100 sq. ft. of gross floor area
Discount stores	1 space per 300 sq. ft. of gross floor area
Doctor’s office	1 space per 300 sq. ft. of gross floor area
Domestic animal grooming	1 space per 300 sq. ft. of gross floor area
Domestic animal training schools	1 space per 300 sq. ft. of gross floor area
Domestic waste recycling center	1 space per employee plus 2 stacking spaces
Dressmaking	1 space per 300 sq. ft. of gross floor area
Drive-ins (prepared food)	1 space per 300 sq. ft. of gross floor area
Druggists	1 space per 300 sq. ft. of gross floor area
Dry cleaners (pickup only)	1 space per 300 sq. ft. of gross floor area plus 2 stacking spaces per drive-up
Electrical equipment and supplies, retail	1 space per 300 sq. ft. of gross floor area
Electrical equipment and supplies, wholesale	1 space per 300 sq. ft. of gross floor area
Electronic, retail, sales and service	1 space per 300 sq. ft. of gross floor area
Electronics manufacturers	1 space per every 2 employees
Employment agencies	1 space per 300 sq. ft. of gross floor area
Engine repair	1 space per 300 sq. ft. of gross floor area
Engineers	1 space per 300 sq. ft. of gross floor area
Exterminators and pest control	1 space per 300 sq. ft. of gross floor area
Fabric shops	1 space per 300 sq. ft. of gross floor area
Farm	2 spaces
Fish and seafood, retail	1 space per 300 sq. ft. of gross floor area
Florists without greenhouses	1 space per 300 sq. ft. of gross floor area
Florists with greenhouses	1 space per 300 sq. ft. of gross floor area
Four-family residence	See “Apartments” above
Frozen food lockers	1 space per 300 sq. ft. of gross floor area
Furniture sales	1 space per 300 sq. ft. of gross floor area
Funeral home, mortuary	1 space per 200 sq. ft. of gross floor area
Game rooms and billiard parlors	1 space per 100 sq. ft. of gross floor area
Gasoline service station	3 spaces per bay plus 2 stacking spaces per pump
Gift shops	1 space per 300 sq. ft. of gross floor area
Glass sales, tinting and replacement	1 space per 300 sq. ft. of gross floor area
Golf course/country club	As determined by the planning and zoning commission after the site plan review
Gravestone/tombstone sales	1 space per 300 sq. ft. of gross floor area
Greenhouse	1 space per 300 sq. ft. of gross floor area
Grocery and food sales	1 space per 200 sq. ft. of gross floor area
Group home	1 space per every 2 residents
Gunsmiths	1 space per 300 sq. ft. of gross floor area
Handicraft shop	1 space per 300 sq. ft. of gross floor area
Hardware stores	1 space per 300 sq. ft. of gross floor area
Health club	1 space per 200 sq. ft. of gross floor area
Heavy machinery sales	1 space per 600 sq. ft. of gross floor area
Hospice	1 space per bed
Hospitals	1 space per bed
Hotels and motels	1.5 spaces per room
Insurance agencies	1 space per 300 sq. ft. of gross floor area
Interior decorators	1 space per 300 sq. ft. of gross floor area
Janitorial services and supplies	1 space per 300 sq. ft. of gross floor area
Jewelers, retail and repair	1 space per 300 sq. ft. of gross floor area
Kennels, outdoor	1 space per 300 sq. ft. of gross floor area
Keys, locks and locksmith	1 space per 300 sq. ft. of gross floor area
Laundry, self-service	1 space per 300 sq. ft. of gross floor area
Lawn mowers, retail and repair	1 space per 300 sq. ft. of gross floor area
Libraries	1 space per 300 sq. ft. of gross floor area
Limousine service	1 space per each 2 employees
Liquor stores	1 space per 300 sq. ft. of gross floor area
Lounges	1 space per 100 sq. ft. of gross floor area
Lumber sales	1 space per 300 sq. ft. of gross floor area
Machine shops and welding	1 space per 300 sq. ft. of gross floor area
Mailbox rentals	1 space per 300 sq. ft. of gross floor area
Manufactured home	2 spaces
Marriage and family counselors	1 space per 300 sq. ft. of gross floor area
Medical clinics	1 space per 300 sq. ft. of gross floor area
Medical emergency clinics	1 space per 300 sq. ft. of gross floor area
Medical equipment and supplies	1 space per 300 sq. ft. of gross floor area
Mobile home	2 spaces
Mobile home park	2 spaces per pad or dwelling unit space
Monastery or convent	1 space per every 2 residents
Motion picture theater	1 space per every 3 seats
Motorcycle sales and repair	1 space per 300 sq. ft. of gross floor area
Museums	1 space per 300 sq. ft. of gross floor area
Musical instrument dealers	1 space per 300 sq. ft. of gross floor area
Needlework and materials	1 space per 300 sq. ft. of gross floor area
Newsstands	1 space per 300 sq. ft. of gross floor area
Notaries, public	1 space per 300 sq. ft. of gross floor area
Nurseries without greenhouses	1 space per 300 sq. ft. of gross floor area
Nurseries with greenhouses	1 space per 300 sq. ft. of gross floor area
Nursing homes	1 space per every 5 beds
Office buildings (multiple tenants)	1 space per 300 sq. ft. of gross floor area
Office furniture and equipment	1 space per 300 sq. ft. of gross floor area
Office supply stores	1 space per 300 sq. ft. of gross floor area
Optical goods and opticians	1 space per 300 sq. ft. of gross floor area
Optometrists	1 space per 300 sq. ft. of gross floor area
Paint stores, retail	1 space per 300 sq. ft. of gross floor area
Pawnbrokers	1 space per 300 sq. ft. of gross floor area
Personal care home (assisted living)	1 space per every 5 beds
Pet shops, indoor only	1 space per 300 sq. ft. of gross floor area
Pharmacies	1 space per 300 sq. ft. of gross floor area
Photo finishing, retail	1 space per 300 sq. ft. of gross floor area
Photographic studio	1 space per 300 sq. ft. of gross floor area
Physical fitness centers	1 space per 300 sq. ft. of gross floor area
Physicians	1 space per 300 sq. ft. of gross floor area
Picture frames and framing	1 space per 300 sq. ft. of gross floor area
Plant sales, indoor only	1 space per 300 sq. ft. of gross floor area
Private clubs (as per TABC)	1 space per 300 sq. ft. of gross floor area
Private schools	As designated by the planning and zoning commission
Product assembly plants	1 space per every 2 employees
Psychologists and psychotherapists	1 space per 300 sq. ft. of gross floor area
Public use (governmental)	1 space per every 2 employees
Pumps, industrial sales and service	1 space per 300 sq. ft. of gross floor area
Quick lube/oil change	1 space per bay plus 2 stacking spaces per bay
Radio communications equipment, retail	1 space per 300 sq. ft. of gross floor area
Radio/television tower (commercial)	2 service spaces
Real estate agents and brokers	1 space per 300 sq. ft. of gross floor area
Recreational vehicle sales, rental and repair	1 space per 300 sq. ft. of gross floor area
Rental service stores (no heavy equipment)	1 space per 300 sq. ft. of gross floor area
Rental service, commercial and industrial	1 space per 300 sq. ft. of gross floor area
Restaurants	1 space per 100 sq. ft. of gross floor area
Restaurants (delivery and pickup)	1 space per employee plus 4 stacking spaces per drive-up window
Restaurant equipment and supplies	1 space per 300 sq. ft. of gross floor area
Retirement center/community	1.5 spaces per dwelling unit
Satellite receiving antenna (commercial)	1 service space
Secretarial and answering services	1 space per 300 sq. ft. of gross floor area
Sexually oriented business	1 space per 100 sq. ft. of gross floor area
Shoe repair	1 space per 300 sq. ft. of gross floor area
Shopping centers	1 space per 300 sq. ft. of gross floor area
Signs, manufacturing	1 space per 300 sq. ft. of gross floor area
Single-family detached residence	2 spaces
Single-family attached residence	2 spaces
Skating rinks	1 space per 200 sq. ft. of gross floor area
Sporting goods	1 space per 300 sq. ft. of gross floor area
Stables	1 space per every 4 stalls
State vehicle inspection center	1 space per bay plus 2 stacking spaces per bay
Stationery stores	1 space per 300 sq. ft. of gross floor area
Stocks and bonds brokers	1 space per 300 sq. ft. of gross floor area
Storage, auto and boat	1 space per 600 sq. ft. of gross floor area
Swim, pool, and spa sales and supplies	1 space per 300 sq. ft. of gross floor area
Tailor shops	1 space per 300 sq. ft. of gross floor area
Taverns	1 space per 100 sq. ft. of gross floor area
Telephone equipment and sales	1 space per 300 sq. ft. of gross floor area
Tele-video production	1 space per 500 sq. ft. of gross floor area
Theater	1 space per every 3 seats
Tire dealers and service	1 space per 300 sq. ft. of gross floor area
Title companies	1 space per 300 sq. ft. of gross floor area
Townhouse	2 spaces
Travel agencies	1 space per 300 sq. ft. of gross floor area
Truck rental and leasing	1 space per every 2 employees
Trucking company	1 space per 300 sq. ft. of gross floor area
Upholstery shop	1 space per 300 sq. ft. of gross floor area
Variety stores	1 space per 300 sq. ft. of gross floor area
Veterinarians and animal hospitals	1 space per 300 sq. ft. of gross floor area
Video rental stores	1 space per 300 sq. ft. of gross floor area
Wallpapering and wall covering, retail	1 space per 300 sq. ft. of gross floor area
Warehouse	1 space per 400 sq. ft. of gross floor area
Warehouses, office and mini	1 space per 400 sq. ft. of gross floor area
Welding shop	1 space per 300 sq. ft. of gross floor area
Wholesale services	1 space per every 2 employees
Wood products manufacturer	1 space per 400 sq. ft. of gross floor area
Woodwork shops for artisan crafts	1 space per 400 sq. ft. of gross floor area
Zero lot line homes	2 spaces

(1999 Code, sec. 153.083)

§ 14.02.281 Purpose.

The purpose of this division is to set forth regulations which protect the public from the potential negative effects of industrial and intense commercial development by regulating smoke and particulate matter, odorous matter, fire or explosive materials, toxic and noxious matter, vibration, noise, open storage, glare, and fuel supply in the vicinity of such sites. These regulations are aimed specifically at achieving the environmental and aesthetic goals described in the city’s comprehensive planning program.

(1999 Code, sec. 153.100)

§ 14.02.282 Application and effect.

All permitted uses shall conform in operation, location, and construction to the performance standards as specified in this division. In addition, such standards or some portion of them may reasonably be appended to certain other conditional use permits as may be determined to require these protective standards.

(1999 Code, sec. 153.101)

§ 14.02.283 Noise.

Except as otherwise provided for herein, noise performance standards in the city shall be in conformance with and regulated by the Tex. Penal Code section 42.01 regarding unreasonable noise in public places. In addition to offenses in violation of the Tex. Penal Code, a person is presumed to commit an offense if he intentionally or knowingly:

In either a public or private place within the city, operates or permits the operation of any electronic or physically operated device which is part of or connected to any radio, stereo receiver, compact disc player, cassette tape player, sound amplifier, speaker, or other similar device in such a manner that it is audible at a distance of 30 feet or more from the originating source by a person using his or her unaided hearing faculties or causes a person to be aware of the vibration accompanying the sound at a distance of 30 feet or more from the source.

The characteristics and conditions which should be considered in determining whether an excessive noise violation occurs include but are not limited to the following:

The level of the noise.

Whether the nature of the noise is usual or unusual.

Whether the origin of the noise is natural or unnatural.

The level of the ambient noise.

The proximity of the noise to residences or other sleeping facilities.

The nature and zoning of the area from which the noise emanates and the area where it is received.

The time of day or night the noise occurs.

The duration of the noise.

Whether the noise is recurrent, intermittent, or constant.

The number of citizens complaints concerning noise in the area.

These provisions shall be in addition to any other ordinances or rules of law regulating noise within the city.

“Person” means an individual, corporation, or association.

“Association” means a trust, partnership, or two or more persons having a joint or common economic interest.

The owner and/or person in actual possession of the real property from which excessive noise originates has a legal duty to prevent a violation of this section and such owner or person shall be criminally responsible for a violation of this section in addition to any person actually making the noise in violation of this section. It shall be an affirmative defense to a violation under this section that the owner and/or person in actual possession of the real property made a reasonable effort to prevent the offense.

No person shall operate an engine of any motor vehicle as defined by the Texas Transportation Code so as to “brake” or slow the same through the use of gears (commonly known as “jake braking”) or by any other method on any public right-of-way in the city which produces any noise in addition to the normal operating engine noise. The maximum penalty for any violation of this provision shall be by fine not to exceed $200.00.

(1999 Code, sec. 153.102; Ordinance 590, sec. 2, adopted 12/5/05)

§ 14.02.284 Smoke and particulate matter.

Industrial limits.

No industrial operation or use shall cause, create, or allow the emission of air contaminants which at the emission point or within the bounds of the property are:

In violation of the standards specified by the state commission on environmental quality including but not limited to those in Tex. Admin. Code title 30 or the standards specified by the department of state health services including but not limited to those in Tex. Admin. Code title 25; or

Of such capacity as to obscure an observer’s view to a degree equal to or greater than does smoke or contaminants in the standard prescribed in subsection (a) [subsection (1)] above, except that when the presence of steam is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the outside atmosphere, performance shall be considered in compliance with this section.

State regulations control.

The emission of particulate matter from all sources in a district subject to this division shall not exceed the level specified by the state commission on environmental quality regulations including but not limited to those in Tex. Admin. Code title 30 or the regulations specified by the department of state health services including but not limited to those in Tex. Admin. Code title 25.

Fugitive dust-particulate control.

Open storage and open processing operations, including on-site transportation movements which are the source of wind or airborne dust or other particulate matter, or which involve dust or other particulate air contaminant generating equipment including but not limited to paint spraying, grain handling, sand or gravel processing or storage or sand blasting, shall be so conducted such that dust and other particulate matter so generated are not transported across the boundary property line of the tract on which the use is located.

(1999 Code, sec. 153.103)

§ 14.02.285 Odorous matter.

No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located.

The odor threshold shall be determined by observation. In any case, where uncertainty may arise or where the operator or owner of an odor-emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures specified by American Society for Testing Materials ASTMD 1391-57 entitled “Standard Method for Measuring Odor in Atmospheres” shall be used and is incorporated by reference.

(1999 Code, sec. 153.104)

§ 14.02.286 Combustible or explosive and hazardous material.

No commercial or industrial use involving the manufacture or storage of petrochemical compounds or products which decompose by detonation shall be permitted in the city, except that chlorates, perchlorates, phosphorous, and similar substances and compounds in quantities of one gallon or less for use by industry, school laboratories, druggists, or wholesalers may be permitted when approved by the code enforcement officer and the fire department. The storage of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film solvents and petrochemical products for industrial purposes shall be allowed only after a conditional use permit for such use has been granted in conformance with the terms of sections 14.02.051 through 14.02.061.

(1999 Code, sec. 153.105)

§ 14.02.287 Toxic and noxious matter.

No commercial or industrial operation or use permitted under the terms of this article shall emit toxic or noxious matter in concentrations across the boundary property line of the tract on which such operation or use is located.

(1999 Code, sec. 153.106)

§ 14.02.288 Vibration.

No use permitted under the terms of this article shall at any time create earthborne vibration which when measured at the boundary property line of the source operation exceeds the limits of the displacement set forth in the table below:

Displacement Limits For Vibration
Frequency Cycles Per Second	Displacement in Inches
0 to 10	.0010
10 to 20	.0007
20 to 30	.0005
30 to 40	.0004
40 and over	.0003

(1999 Code, sec. 153.107)

§ 14.02.289 Glare.

No use or operation shall be located or conducted so as to produce intense glare or direct illumination across the boundary property line from a visible source of illumination nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property.

(1999 Code, sec. 153.108)

§ 14.02.290 Stormwater management.

Each development shall provide for the on-site or off-site detention of excess stormwater runoff resulting from that development. For the purpose of this division, “excess stormwater runoff” shall include all increases in stormwater resulting from: an increase in the impervious surface of the site, including all additions of buildings, roads, and parking lots; changes in soil absorption caused by compaction during development; modifications in contours, including the filling or draining of small depressional areas, alteration of drainageways, or regrading of slopes; destruction of forest; alteration of drainageways or installation of collection systems to intercept street flows or to replace swales or other drainageways; or the alteration of subsurface flows, including any groundwater dewatering or diversion practices compared with the site in its natural state.

(1999 Code, sec. 153.109)

§ 14.02.291 Water pollution.

No emission of water from any land use in the city, whether by entry into the municipal wastewater system, stormwater control system, a stream or other body of water, shall be permitted if the quality of such emitted water violates the laws of the state or of the United States.

(1999 Code, sec. 153.110)

§ 14.02.341 Created; composition; compensation.

There is hereby created a planning and zoning commission. The composition and activities of the commission shall be in accordance with Tex. Loc. Gov’t Code chapters 211 and 212, respectively, as amended. The commission shall be composed of five (5) members, all of whom shall be residents of the city, nominated by the mayor and confirmed by the city council. Each appointed member of the commission shall hold that office for a period of three (3) years or until his/her successor takes office. However, during the initial creation of the commission, three (3) members shall be appointed for three (3) years and two (2) members for two (2) years. The members of the commission shall be appointed solely with reference to their fitness and without reference to party affiliation, and shall serve without compensation. Members may be removed by the city council only for inefficiency, neglect of duty, or malfeasance in office. Vacancies occurring other than through the expiration of terms shall be filled only for the unexpired term by the mayor with confirmation by the city council.

(Ordinance 640 adopted 6/21/10)

§ 14.02.342 Commission officers.

The planning and zoning commission shall elect a chairperson and an associate chairperson and may create and fill other offices as may be deemed necessary. The term of the chairperson and associate chairperson shall be for one year with eligibility for reelection.

(Ordinance 640 adopted 6/21/10)

§ 14.02.343 Meeting of the commission.

The planning and zoning commission shall hold meetings as necessary to conduct the business of the commission. Said meetings shall be open to the public.

(Ordinance 640 adopted 6/21/10)

§ 14.02.344 Rules of operation and records.

The commission shall adopt rules of operation and shall keep a record of its resolutions, transactions, findings and determinations, which shall become items of public record.

(Ordinance 640 adopted 6/21/10)

§ 14.02.345 Commission quorum.

A quorum shall consist of a majority of the membership of the commission, and any issue to be voted upon shall be resolved by a majority of those members present.

(Ordinance 640 adopted 6/21/10)

§ 14.02.346 Responsibilities of the planning and zoning commission.

The comprehensive plan.

The planning and zoning commission shall have the responsibility for the preparation and maintenance of the city’s comprehensive plan. As a part of its annual report, the commission shall include an overview of the status of the comprehensive plan and the measures, which have been taken during the preceding year to implement the plan. Such an overview shall include, but shall not be limited to the subjects of land use, circulation, public facilities and infrastructure, housing, and public policies.

Zoning.

The planning and zoning commission shall serve in an advisory capacity on matters concerning amendments to this article’s text or map, on matters concerning the granting or denial of conditional use permits, and on matters pertaining to planned unit development designation under the terms of this article.

Land subdivision and platting.

The commission shall be responsible for the city’s review, and approval or rejection of subdivision plats.

(Ordinance 640 adopted 6/21/10)

§ 14.02.347 Financial support of the commission.

As a part of the city’s regular budgetary process, the city council shall provide ends for the necessary and appropriate expenses of the planning and zoning commission. A public accounting of the commission’s expenditures for the preceding year shall be provided in the commission’s annual report. The commission may recommend to the city council the employment of professionals such as engineers, architects, landscape architects, urban planners, and other individuals to assist in the performance of the planning and zoning commission’s duties.

(Ordinance 640 adopted 6/21/10)

§ 14.02.348 Annual report required.

On or before the first day of September of each year, the planning and zoning commission shall produce and disseminate to the city council and the citizens of the city, a report on the activities of the commission during the past year.

Said report shall include, but shall not be limited to the following:

The status of the city’s comprehensive planning process, including activities directly related to the implementation of the plan.

The number, nature, location, and record of approvals/denials of requests for amendments to this article’s text and map.

The number, nature, location, and record of approvals/denials of requests for conditional use permits.

The number, nature, location, and record of approvals/denials of requests for subdivision plats.

(Ordinance 640 adopted 6/21/10)

§ 14.02.391 Board of adjustment.

There is hereby created a board of adjustment. The board of adjustment shall act in a quasi-judicial capacity. The composition and activities of the board shall be in accordance with Tex. Loc. Gov’t Code chapter 211, as amended. The board shall be composed of five regular members, and two alternate members, all of whom shall be residents of the city, nominated by the mayor and confirmed by the city council. Alternate members shall serve in the absence of regular board members. Each appointed member of the board shall hold that office for a period of two years or until his/her successor takes office. The members of the board shall be appointed solely with reference to their fitness and without reference to party affiliation, and shall serve without compensation. Members may be removed by the city council only for inefficiency, neglect of duty, or malfeasance in office. Vacancies occurring other than through the expiration of terms shall be filled only for the unexpired term by the mayor with confirmation by the city council.

(1999 Code, sec. 153.140)

§ 14.02.392 Board officers.

The board of adjustment shall elect a chairperson and an associate chairperson and may create and fill other offices as may be deemed necessary. The term of the chairperson and associate chairperson shall be for one year with eligibility for reelection.

(1999 Code, sec. 153.141)

§ 14.02.393 Meetings of the board.

The board of adjustment shall hold meetings as necessitated by requests for rulings on ordinance interpretation and variances. Said meeting shall be open to the public.

(1999 Code, sec. 153.142)

§ 14.02.394 Rules of operation and records.

The board shall adopt rules of operation and shall keep a record of its resolutions, transactions, findings and determinations, which shall become items of public record.

(1999 Code, sec. 153.143)

§ 14.02.395 Right to appeal.

Any of the following persons may appeal to the board of adjustments a decision made by the code enforcement officer: a person aggrieved by the decision; or any officer, department, board or bureau of the city. An appeal stays all proceedings in furtherance of the action that is appealed unless the code enforcement officer certifies in writing to the board facts supporting the officer’s opinion that a stay would cause imminent peril to life or property. In such case, the proceedings may be stayed only by a restraining order granted by the board or a court of record. Fees for appeal to the board of adjustments by a person aggrieved by the decision of the code enforcement official are located in appendix B of this code in the code compliance fee schedule in section B14.02.052.

(Ordinance 671 adopted 6/24/19)

§ 14.02.396 Board quorum.

Four members of the board of adjustment shall be required for the transaction of business.

(1999 Code, sec. 153.145)

§ 14.02.397 Responsibilities of the board of adjustment.

Variances.

The board shall be authorized to grant variances from the terms of this article if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in an unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done.

Scheduled dates and notification on variance applications.

Upon receipt of a complete application for a variance, the board shall set a date for a hearing on said application before the board of adjustment. Not less than ten days before said hearing, written notice of the hearing with a copy of the application shall be sent to all owners of real property, as indicated on the most recently approved municipal tax roll, located within 100 feet of the property to be subject to the variance. The notice may be served by its deposit in the United States mail, properly addressed with postage paid.

Building permit.

Variance applicants shall apply for and obtain a building permit for the requested variance within six months of approval by the board of adjustment. Variances shall become null and void upon the owner’s failure to obtain the building permit within the six-month period and the property shall return to its prior zoning status.

(1999 Code, sec. 153.146)

§ 14.02.398 Decisions of the board.

In exercising its authority the board may reverse or affirm, in whole or in part, or modify the code enforcement officer’s decision pertaining to this article. A concurring vote of four members of the board shall be necessary to: reverse an order, requirement, decision, or determination of the code enforcement officer; decide in favor or an applicant on a matter on which the board is required to pass under this article; or authorize a variance.

(1999 Code, sec. 153.147)

§ 14.02.399 Financial support of the board.

As a part of the city’s regular budgetary process the city council shall provide funds for the necessary and appropriate expenses of the board of adjustment. A public accounting of the board’s expenditures for the preceding year shall be provided in the board’s annual report. The board may recommend to the city council the employment of professionals such as engineers, architects, landscape architects, urban planners, and other individuals to assist in the performance of the board of adjustment’s duties.

(1999 Code, sec. 153.148)

§ 14.02.400 Annual report required.

On or before the first day of September of each year, the board of adjustment shall produce and disseminate to the city council and the citizens of the city, a report on the activities of the board during the past year. Said report shall include, but shall not be limited to the following: the number, nature, location, and record of approvals/denials of requests for zoning ordinance text and map interpretations; the number, nature, location, and record of approvals/denials of requests for variances; any activities associated with amortization.

(1999 Code, sec. 153.149)

§ 14.02.401 Use variances prohibited.

It shall be unlawful for the board of adjustment to accept or act on a request for a variance which would allow a land use activity in a zoning district where it is specifically excluded by the terms of this article.

(1999 Code, sec. 153.150)

§ 14.02.441 Compliance required.

Application.

No person shall use, occupy, or develop any land, building or other structure, or authorize or permit such use, occupancy or development, except in accordance with all applicable provisions of this article.

Violations deemed punishable.

The owner of any building, structure, or land, or part thereof, and any architect, builder, contractor, agent or other person employed in connection therewith, who violates, or assists in or contributes to the commission of a violation of this article shall be deemed guilty of such violation and shall become liable for the penalties herein established.

(1999 Code, sec. 153.160)

§ 14.02.442 Notice of intent to revoke or suspend a permit, certificate, license, or order.

Before suspension or revocation of any permit or authorization pursuant to this division, the code enforcement officer, or designee, shall give notice of the intent to suspend or revoke said permit or authorization, which notice shall specify a reasonable time for compliance with this article. After the notice of intent is given, suspension or revocation may not occur before the time for compliance has expired.

(1999 Code, sec. 153.161)

§ 14.02.443 Revocation or suspension of a permit, certificate, license, or order.

Suspension or revocation authorized.

When it has been determined that a permit, certificate, license, or order, pertaining to this article has been issued in error or on the basis of incorrect information, or that there has been noncompliance with the provisions of this article, the code enforcement officer may suspend the permit, certificate, license, or order, pending compliance with this article. The code enforcement officer or designee may revoke a permit if compliance has not been achieved within a reasonable period of time.

The provisions of this section shall apply to:

Certificates of occupancy;

Conditional use permits;

Planned unit development (PUD) designation, including site plan review; and

Variances.

Notice.

Notice of suspension or revocation of any of the above shall be sent to the permit holder by certified mail, return receipt requested.

Immediate revocation authorized.

A permit or certificate of occupancy may be immediately revoked by the code enforcement officer or designee when and if additional noncompliance with this article occurs after the permit has been suspended.

(1999 Code, sec. 153.162)

§ 14.02.444 Cease and desist orders.

Noncompliance in development or construction.

When the city determines that there has been noncompliance with any material term, condition, or requirements of this article, the city may order any person having a proprietary interest in the property or any person engaged in the development of or construction on the property to cease and desist from engaging in the development of or construction activities on the site. The cease and desist order shall be in writing and shall be posted on the site. Additionally, notice shall be mailed to the owner or tenant of the structure. If the structure is unoccupied at the time of noncompliance, the notice shall be mailed to the owner of the property as shown on the current tax records of the city. The order shall specifically state the nature of the noncompliance and the acts prohibited.

Legal remedies.

The city may bring suit in a court of competent jurisdiction to restrain and enjoin any person attempting or allowing development or construction without a permit or other authorization or who fails to cease and desist from further development or construction after notice of a cease and desist order has been posted in accordance with this division.

Duration of cease and desist order.

When the city determines that there has been noncompliance with any material term, condition, or requirements of this article, which constitutes a health or safety hazard, a cease and desist order shall be issued and shall remain in effect until there has been compliance with this article.

(1999 Code, sec. 153.163)

§ 14.02.445 Appeals of suspensions, revocations, and cease and desist orders.

Appeal filing.

An appeal of a suspension order, revocation order, or cease and desist order, may be made to the code enforcement officer or designee, by any person aggrieved, by giving written notice no later than three days after the order has either been received by certified mail or posted on the property. The notice shall state:

The name and address of the person making the appeal;

The facts surrounding the particular case;

The nature of the suspension, revocation order, or the cease and desist order; and

The reason or reasons why the ruling should be set aside.

Code enforcement officer to hear appeal.

The code enforcement officer shall hear the appeal, together with any technical testimony presented on behalf of the appellant and the city no later than 10 calendar days after the appeal has been filed. The code enforcement officer shall either affirm or reverse the decision appealed, no later than seven days after the hearing. The appellant shall receive written notice of the decision accompanied by a statement of reasons supporting the decision.

Appeal of hearing decision to board of adjustment.

An appeal of the code enforcement officer’s decision may be made by any aggrieved party to the board of adjustment. The appellant shall give written notice to the board of adjustment in the manner provided in subsection (a) above.

Chalkboard or daily-special-type signs.

Board of adjustment to hear appeal.

The board of adjustment shall hear the appeal at its next scheduled meeting following the receipt of the notice of the appeal, and shall affirm, modify, or reverse the decision of the code enforcement officer.

(1999 Code, sec. 153.164)

§ 14.02.491 Purpose.

The purpose of these rules and regulations are to provide uniform sign standards and regulations in order to ensure public safety and promote a positive city image reflecting order, harmony and pride, thereby strengthening the economic stability of the city’s business, cultural, historical, and residential areas.

(Ordinance 688 adopted 10/28/13)

§ 14.02.492 Jurisdiction.

The provisions of this division shall apply within the city limits, and within the extraterritorial jurisdiction (ETJ) of the city as defined by Tex. Local Gov’t Code chapter 42. For the purposes of these sign regulations, all signs erected within the extraterritorial jurisdiction of the city shall be erected in accordance with the standards imposed for property inside the city limits within the general commercial (GC) zone.

(Ordinance 688 adopted 10/28/13)

§ 14.02.493 Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A-frame sign.

See unattached sign.

Area of a sign.

The square foot area enclosed by the perimeter of the sign face with each face contributing to the aggregate area. The sign face shall exclude decorative wood or metal devices, frames, and sign supports, but shall include sign supports which are defined as a monolith. However, double-faced sign faces shall be counted only as the area of one face. In cases where the sign, or portion thereof, is composed only of letters, figures, or other characters, standing against no sign face background or secured to a monolith, then the sign face area shall be the sum of the area of an imaginary figure (circle, triangle, rectangle, or other) which fully contains all words, figures, devices, designs, or trademarks which constitute the sign.

Auxiliary sign.

Any sign attached to a building or canopy indicating general information, such as trading stamps, credit cards, official notices or services required by law, or giving directions to offices, restrooms, exits, and like facilities. References to a product, service, business, name or pricing shall disqualify a sign as an auxiliary sign.

Banner.

A sign intended to be hung without frames made of paper, plastic, or fabric of any kind which may possess colors, characters, letters, illustrations, or ornamentations. Flags of governmental jurisdiction and flags carrying the emblem of a business or institution are not to be considered a banner for the purposes of this chapter.

Billboard.

A sign that is designed for changeable copy, so the characters, letters or illustrations can be changed or rearranged within a fixed sign face which advertises a business, organization, event, person, place or thing not located on the same site (or property) as the billboard.

Building frontage.

The distance or length of the primary building on the property adjacent and generally parallel to the business frontage. In the case of multitenant buildings, each tenant space shall be lease space portions of the building frontage.

Building lot.

A lot or a portion of a lot or a combination of lots when used for construction of one building or commercial center.

Building official.

The building official of the City of Giddings or his designee.

Business frontage.

The distance along the adjacent street frontage between the two side lot lines. On corner lots, the business frontage shall be measured along a highway or street. Lot lines shall be those established by the most recent deed to the property as recorded in the real property records of the county clerk of Lee County, Texas. If one business, or integrated business, occupies and utilizes more than one lot, the frontage distance of all lots occupied by the business, or integrated business, may be combined.

Canopy sign.

A sign attached to a canopy that extends over a public right-of-way that is attached to or an extension of a building.

Are signs which announce daily specials and special sales and are signs which are typically written or have menu attachments and the like. These shall be permitted and otherwise treated as a wall sign provided, however, that:

No location may display more than one of these signs;

The sign will be counted in the maximum allowable sign area for the purveyor of the sign;

The sign does not exceed four square feet; and

Changeable lighted message sign.

It is otherwise secured and not hazardous.

A sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color however generated. This definition includes signs which utilize lights to form letters, words, figures, symbols, etc., and a sign with lights which illuminate intermittently (e.g., a sign with blinking or moving lights) regardless of wattage, whether directly or indirectly illuminated, except for time and temperature signs. This definition does not include a sign located within the right-of-way that functions as a traffic-control device and that is described and identified in the Manual of Uniform Traffic-Control Devices approved by the Federal Highway Administrator as the National Standard or by the Texas Department of Public Safety and is for governmental use.

Community service (public service) sign.

A sign which solicits support for or advertises a nonprofit community use, social institution, or public use. Such signs may include, but shall not be limited to, seasonal holidays such as Christmas or Easter, school activities, charitable programs, religious activities, or location of places or events of community or tourist interest and may include business advertising, provided that the same shall constitute not more than 25 percent of the sign.

Construction sign.

A sign temporarily placed on a construction site identifying the project and/or owner, developer, contractor, or architect, and may include other information regarding the project.

Damaged sign.

A sign which is unsafe, unsecured, disfigured, or broken.

Directional sign.

An on-premises sign that is freestanding, the primary purpose of which is to give directions to parking lots, exits, entrances, drive-through windows, or similar directions. Reference to a product, service, business, or name, other than a subordinate business name or logo, shall disqualify a sign as a directional sign.

Double-faced sign.

One structure containing either one sign with two faces back-to-back, oriented in opposite directions, or two signs back-to-back, with the faces oriented in opposite directions and with a distance of not more than three feet between the two signs.

Externally illuminated sign.

A sign illuminated in any manner by an artificial light source which is detached from the sign.

Feather flag sign.

A freestanding flexible or rigid pole (not a flagpole) temporarily mounted in the ground to which one side of a flexible fabric in the shape of a feather or similar shape, is attached and which is used for the primary purpose of advertising or attention getting. Feather flags are also known and sold under names which include, but are not limited to, feather sign," "feather banner," "feather banner sign," "quill sign," "banana banner," "blade banner," "flutter banner," "flutter flag," "bow flag," "teardrop banner," etc. This definition includes functionally similar display devices.

Freestanding sign.

Any sign supported by structures or supports that are placed on, or anchored in the ground and that are independent from any building or other structure.

Governmental sign.

A sign indicating a public works project or other program or activity conducted or required by any governmental subdivision. This is also considered a community service sign.

Ground sign.

A sign which is secured to the ground and which is not affixed to a building. The term “secured” is defined in the definition of unattached signs in this section.

Height, sign.

The vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and the average established ground level beneath the sign, unless curb elevation is higher than the ground level, in which case the height shall be measured from curb level.

Integral sign.

A memorial sign or tablet, name of a building, or date of erection when cut into any masonry surface or when constructed of bronze or other incombustible material mounted on the face of a building.

Integrated business.

A commercial business which is operated by more than one business owner and which meets one or more of the following criteria:

Each business owner has shares of stock or a partnership interest in a corporation that owns the grounds and buildings;

Each business owner owns his own space under an undivided interest arrangement or a condominium arrangement;

Each business owner rents/leases his own space within the same building; or

Internally illuminated sign.

Each business owner is a member of a merchants association which contributes to the joint promotional efforts of the center.

A sign illuminated in any manner by an artificial light source as an integral part of the sign.

Marquee sign.

A sign hung from or affixed to a marquee. It shall be synonymous with a canopy sign.

Medallion sign.

A two-sided panel bearing a decorative figure or a relief or identifying emblem and limited to the business, address, proprietor and date of establishment.

Nonconforming sign.

A sign that does not conform to the regulations of this division or city ordinances, but which was placed or constructed in accordance with city ordinances existing at the time of its placement or construction. If a sign does not conform to the regulations of this division or city ordinances and was also illegal under the city ordinances existing at the time of its placement or construction, it does NOT obtain the protection and benefit of a nonconforming sign.

Off-premises sign.

A sign designed for identifying or advertising a specific establishment, merchandise, service product, or entertainment which exists or is sold, produced, manufactured, and/or furnished at a place other than on the property on which such sign is located.

Party responsible.

The person whose name of business is being advertised on the sign and the owner of the property upon which the sign is located.

Professional nameplate (shingle sign).

An individual, partnership, corporation, firm or organization.

Portable sign.

See unattached sign.

A sign denoting only the name, occupation and address of an occupant in a commercial, public, or institutional building.

Projecting sign.

A sign, other than a wall sign, which is affixed to any building or wall, and whose leading edge extends more than two feet beyond such building or wall. A canopy or marquee sign is not defined as a projecting sign.

Realty sign.

A sign which is used to offer property for sale, lease, or rent.

Roof sign.

A sign that is mounted on, and is wholly supported by, the roof of a building and does not extend beyond the wall line.

Sandwich sign.

See unattached sign.

Shield sign.

See medallion sign.

Sign.

Any letters, figures, symbols, trademarks, or devices designed to inform people or attract the attention of persons to an individual, firm, profession, business, commodity or service, and which is recognizable from any public right-of-way, and which is more specifically defined in various definitions in this section.

Snipe sign.

A sign made of any material when such sign is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or other objects, and the advertising matter appearing thereon is not applicable to the use of the premises upon which such sign is located.

Temporary sign.

A sign to be hung with a frame, made of paper, plastic, fabric of any kind, wood, or metal, which may possess colors, characters, letters, illustrations, or ornamentations.

Unattached sign.

A sign which is carried, wheeled, or moved about without having to detach the sign from a secure anchoring device which is set in the ground or affixed to a building which is set on an approved foundation, or a sign which is not secured in a manner approved by the building official and designed to withstand wind pressures as specified in section 1605 of the International Building Code adopted by the city. Such signs are considered to be unattached if they can reasonably be expected to be blown out or about in high winds and may cause injuries to pedestrians and traffic hazards.

The term “unattached sign” includes:

Portable signs;

A-frame signs; and

Sandwich signs.

The term “unattached sign” does not include:

Realty signs;

Individual contractor signs;

Political signs which are six square feet in area or less;

Signs intended for temporary use for safety reasons due to construction, danger, or traffic-control; and

Governmental or community service signs which are to inform the public.

Wall sign.

A sign that is painted on, or attached to and erected parallel or approximately parallel to, the face of, or erected and confined within the limits of, the outside wall of any building and supported by such wall or building and which displays only one surface for display/advertising. No wall sign shall be affixed to any structural addition to a building which has been added primarily to evade the limitations of this division, or which projects above the roofline of the building.

(Ordinance 688 adopted 10/28/13; Ordinance 898 adopted 2/10/2025)

§ 14.02.494 Permit required.

No person shall erect, construct, alter, repair, or relocate a sign without first obtaining a permit from the building official. The signs described in section 14.02.495 shall be an exception to the requirement.

Each application for a sign permit shall be accompanied by such drawings, descriptions, and specifications as are determined by the building official.

After a sign permit has been issued by the building official, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms and conditions of such sign permit without prior approval by the building official.

Whenever the building official or his designee finds a sign which was erected after the effective date of the ordinance from which this division is derived and which was erected, constructed, altered, repaired, or relocated in violation thereof, the building official or his designee shall require the party responsible for such sign to remove same. If the party responsible fails to remove the sign within three (3) days after being notified to do, or if it appears to the building official or officer that the illegal sign placement poses an immediate danger to the public, such sign may be removed by the city at the expense of the party responsible. Any sign so removed shall be stored or impounded and shall not be returned to the party responsible until all applicable charges are paid. If any sign remains unclaimed for a period of thirty (30) days after its removal, or if the removal and storage costs are not paid within the thirty (30) day period, the city may destroy, sell, or otherwise dispose of the sign.

Maintenance of signs and replacement of nonconforming signs.

Ordinary maintenance of all signs is permitted without the necessity of obtaining a permit as required by subsection (a). Ordinary maintenance shall mean the refurbishment of signs as they exist with no alteration. Replacement or reconstruction of any part of a sign shall not be considered ordinary maintenance. Examples of permissible maintenance would be replacement of a rotten board, repainting of the sign elements with no alteration of content or repair of loose parts of the sign. An example of impermissible maintenance is replacement of any part of the sign such as a plastic face. Changes other than ordinary maintenance require that the sign be brought into conformity with this division.

In the event a change in use, occupancy, or ownership occurs and necessitates the alteration of a sign in any manner, the entire sign must then comply with any provisions of this code.

Nonconforming signs which have been damaged, blown down or otherwise destroyed or dismantled for any purpose, other than ordinary maintenance, may not be replaced. A replacement sign shall only be allowed if it is in full compliance with this division.

(Ordinance 688 adopted 10/28/13)

§ 14.02.495 Signs exempted from certain regulations.

The signs described in the following subsections are exempt from the regulations provided for in this division. However, such signs shall remain subject to the construction and electrical standards of city codes and other provisions of this article.

Realty signs advertising the sale, lease, rental, will build to suit of or on the premises upon which the sign is located, provided such signs do not exceed thirty-two (32) square feet in area in nonresidential districts, and eight (8) square feet in area in residential districts. No sign shall exceed six (6) feet in height. This exception includes garage sale or similar signs in residential districts. These signs shall be limited to one per lot.

Professional nameplates or shingle signs on premises, provided that such signs do not exceed four (4) square feet in area.

Signs denoting the name and address of occupants of the premises on the premises, provided that such signs do not exceed four (4) square feet in area.

Signs or bulletin boards customarily incidental to places of worship, libraries, museums, social clubs, societies, or charitable organizations and located on the premises of such institution, provided that if it is a freestanding sign such signs do not exceed thirty-two (32) square feet in area, or if it is an off-premises sign used for the sole purpose of identifying such an organization and giving directions to the premises of such institution, provided that the sign shall not exceed eight (8) square feet in area.

One sign per street frontage of a building which is under construction, structural alteration or repair announcing the character of the building or enterprise or the purpose for which the building is intended, including names of architects, engineers, contractors, developers, financiers, owners, and others, provided the area of such signs does not exceed thirty-two (32) square feet in nonresidential districts, and sixteen (16) feet in residential districts. Individual contractor signs (one per contractor), not exceeding four (4) square feet in area, are allowed in addition to the construction sign described earlier in this subsection. All such contractor or construction signs shall be removed within 30 days after the completion of the construction project. All such signs which are larger than four (4) square feet in area shall be set back from the property line to the normal building setback line required in the applicable zoning district. No sign shall exceed six (6) feet in height. For the purposes of this subsection, the term “under construction” means under active construction and before substantial completion. Such signs shall not be erected, placed or allowed to remain in the absence or lapse of a building permit for the property to which it relates, or if a certificate of occupancy has been issued for such property. Trade repair or improvement signs (e.g., landscape and air-conditioner repair signs) are limited to four (4) square feet and may be placed only for the length of time the active repair or installation is underway not to include any maintenance period.

Governmental signs, provided that governmental signs be limited to one sign per property, and the sign does not exceed thirty-two (32) square feet in area.

Community service signs may be placed on or over public property or on or over a public right-of-way only by units of local, state or federal governments or their agents, or with their express permission. All signs in this category shall be maintained in good condition and if not the city building official shall cause such sign to be removed. If any sign in this category is for a special event, the sign shall be erected and removed in a timely manner, as determined by the city building official. The owner or organization shall be responsible for all costs involved in the erection and removal of such signs. A freestanding community service sign shall not exceed thirty-two (32) square feet in area in nonresidential districts, and eight (8) square feet in area in residential districts. Signs hung across a public right-of-way shall be constructed of minnow seine material and shall be no larger than four (4) feet in width and forty-eight (48) square feet in length. Any exceptions to any portion of this section shall be at the sole discretion of the city.

Official flags of governmental jurisdictions, U.S. military regimental flags, school flags and flags placed with permission of the city for special events or occasions. Business flags carrying the emblem, name, logo or other information of a business shall be included in the calculation of the maximum allowable sign area for such business. Business flags shall be limited to a maximum flag size of three (3) feet by five (5) feet.

Commemorative plaques placed by governmental or civic organizations and integral signs.

Signs specifically approved in a planned unit development; provided, however no prohibited signs shall be permitted.

Political election signs and signs the regulation of which is prohibited by the First Amendment as free speech, provided that such signs do not exceed thirty-two (32) square feet in area in nonresidential districts and eight (8) square feet in area in residential districts, and are nonilluminated and without moving elements, and provided that such signs shall not be placed in, on or over any public street right-of-way. No sign shall exceed six (6) feet in height. This provision shall not prohibit the use of signs in lawful demonstrations or speech in the public forum. Any political election sign shall not be erected earlier than ninety (90) days before the election, and shall be removed within ten (10) days after the election.

Public service signs indicating time and temperature, provided no company name, logo, or advertisement appears thereon.

Window signs, either painted or attached to a window of a building.

Auxiliary signs, not exceeding four signs of four square feet each per business property.

Directional signs (as defined above), provided that such signs do not exceed eight (8) square feet in area or six (6) feet in height.

Pennants supporting city or school athletic teams, provided such pennants are hung at least seven feet above the ground and such pennant is in common in appearance with other such pennants in the community.

(Ordinance 688 adopted 10/28/13)

§ 14.02.496 Prohibited signs.

The construction, placement, existence, use of or advertisements on signs of the following nature are prohibited unless specifically authorized by this division.

Signs or billboards off-premises from the location of the subject of the advertising content, unless otherwise specifically permitted by section 14.02.498.

Signs which advertise an activity, business or service which has been out of business for 45 days.

Signs which move or contain visible moving parts.

Banners, posters, pennants, ribbons, streamers, feather flags, strings of light bulbs, spinners, balloons, inflatable objects or other similar devices, unless otherwise specifically permitted by section 14.02.497. Flags listed in section 14.02.495(8) are exempted, as are displays of historic, political, religious and military flags on residential property and on private property used by religious organizations. Strings of lights outlining windows or buildings are exempted and not considered to be prohibited. All holiday/Christmas displays are exempt from this provision.

Signs which contain statements, words or pictures of an obscene, indecent or immoral character which offend public morals or decency.

Signs (other than canopy signs or projecting signs on buildings built up to the public right-of-way or portions thereof) which are located on or extend over any public sidewalk, street, alley or other public property, except for canopy signs or projecting signs on buildings built up to the public right-of-way, or portions thereof. Signs required or authorized by governmental authorities for public purposes are exempted from this provision.

Signs which constitute a hazard to pedestrians or vehicular traffic, and signs which may be confused with, interfere with or obstruct the view of a traffic sign, signal or device.

Signs which make use of any word, phrase, symbol or character in such manner as to interfere with or mislead or confuse vehicular or pedestrian traffic.

Portable or wheeled signs.

Signs attached to or located upon amenities such as benches, trash containers or fences.

Roof signs mounted on, wholly supported by, or painted on the roof of a building.

Signs placed on the side or rear of any building or property when such sign faces upon a contiguous residential district.

Nothing contained in this section shall be construed to prohibit the display of the flag of the United States, State of Texas or any political subdivision permitted in section 14.02.495(8).

Signs listed in section 14.02.495 that do not meet the requirements listed in that section and signs that do not meet the requirements of section 14.02.497[.]

Damaged signs which are not repaired within 30 days following the date of the damage or following the date of notice to repair same given by the building official, or any police officer, to the party responsible for such sign whichever is sooner. Such 30-day period shall be extended provided that a bona fide work order bearing a delivery date for repairs is submitted to the building official within the 30-day period. The 30-day period shall be extended until seven days after the delivery date shown on the work order. The provisions of this subsection are subject to the provisions of section 14.02.494.

Snipe signs.

(Ordinance 688 adopted 10/28/13; Ordinance 898 adopted 2/10/2025)

§ 14.02.497 Permanent signs permitted by district.

All signs listed in this section shall be required to meet any applicable standards as listed in this section and a construction permit shall be required prior to the erection of any signs described in this section:

The following signs shall be permitted in residential (R-1, R-2, R-3, AR and MH) districts:

Residential subdivisions are allowed one permanent identification sign at each major entrance with not more than thirty-two (32) square feet of sign area per sign. The height of each sign shall not exceed eight (8) feet and the lowest point of the sign facing shall not exceed two (2) feet above the adjacent ground.

Multiple-family complexes and mobile home parks are allowed one permanent identification sign with not more than thirty-two (32) square feet of sign area. Permitted signs may be wall or ground signs, but if ground mounted the top shall not exceed eight (8) feet and the lowest point of the sign facing shall not exceed two (2) feet above the adjacent ground. If building mounted, such signs shall be flush mounted and shall not project above the roofline.

Temporary real estate signs.

No temporary real estate sign shall be located on any property that constitutes a traffic hazard.

A maximum of two temporary real estate development signs, with a combined total of ninety-six (96) square feet of sign area and limited to forty-eight (48) square feet for any one sign, may be located in a new subdivision.

Each sign shall be located at a separate location with maximum separation as practicable. Two signs at the subdivision entrance are prohibited.

The maximum temporary real estate sign height shall be sixteen (16) feet.

Such temporary real estate subdivision signs shall be removed twenty-four (24) months from the date the building permit for the sign is issued unless an application for extension of the same is made prior to the expiration of the twenty-four (24) month period, in which case the twenty-four (24) month period shall be extended for one additional period up to twenty-four (24) months.

The following signs shall be permitted in neighborhood commercial (NC) districts:

The maximum sign area for a combination of subsections (E)–(F) of this section for a property in this district shall not exceed 20% of the total business frontage.

When the business is on a corner lot, the address side of the business frontage shall be the measuring point for all wall and canopy signage.

Residential signs as permitted in subsection (1) above.

Banners/temporary signs.

Banners or temporary signs shall not be located on any property that constitutes a traffic hazard.

Banners or temporary signs shall be permitted for each business property provided they do not exceed either two (2) square feet per lineal foot of business frontage or eighty (80) square feet maximum in area.

Banners or temporary signs shall be attached to and mounted entirely on the building.

Banners or temporary signs shall not be attached to any utility pole, sign or other structure within the right-of-way.

Banners shall be hung so that the lowest part of the banner is not less than seven (7) feet above the ground or sidewalk.

Wall signs.

One wall sign is permitted for each business property.

A wall sign shall not project above the building roofline to which it is attached and shall not exceed thirty (30) feet in height.

A wall sign shall not extend outward more than twelve (12) inches from the building wall to which it is attached.

Wall signs that are boxed graphic or individual letters placed in a space between windows may not exceed two-thirds of the distance between the top of the lower window (or canopy) and the sill of the upper window.

Canopy signs.

The edge of the canopy sign shall not extend beyond the length or width of the canopy to which it is attached.

A canopy sign shall not extend either two (2) feet above or two (2) feet below the horizontal underside of the canopy, and in no case shall the sign provide less than seven (7) feet clearance from the bottom of the sign and the ground. For a two-story porch canopy, the sign may extend more than two (2) feet below the bottom of the porch structure but in no case shall the sign provide less than seven (7) feet clearance from the bottom of the porch and the ground.

Signs mounted on the underside or topside of the canopy which are perpendicular to the building face may not exceed two-thirds the width of the canopy. A minimum spacing of ten (10) feet from sign to sign and five (5) feet from the end of the canopy, except for a canopy at a street comer [corner], is required.

Signs mounted on the underside or topside of the canopy and parallel to the building face shall not exceed two-thirds of the length of the canopy. A minimum spacing of five (5) feet from the end of the canopy shall be provided.

Projecting signs.

One projecting sign per building face (wall) of a business property.

A projecting sign shall not extend more than four (4) feet from the building face (wall) to which it is attached and shall not exceed thirteen (13) square feet in area including framework.

The distance from the bottom of the sign to the ground or sidewalk shall be a minimum of seven (7) feet.

Projecting signs shall be pinned away from the building wall at least six (6) inches.

Projecting signs may not extend vertically above the windowsill of a second story.

Ground signs.

One ground sign is permitted for each one hundred (100) feet of business frontage. A business must have two hundred (200) feet of business frontage in order to erect a second sign.

The maximum total sign area per sign shall not exceed forty-eight (48) square feet including all framework.

The height of ground signs, including the sign structure, shall not exceed eight (8) feet above the adjacent ground and the lowest point of the sign face shall not exceed two (2) feet above the ground.

Freestanding signs.

Freestanding signs are not allowed in neighborhood commercial (NC) districts.

The following signs shall be permitted in central business district (CBD), general commercial (GC), light manufacturing (LM), and industrial (I) districts. This includes integrated businesses:

The maximum sign area for a combination of subsections (E) through (F) of this section for a property in this district shall not exceed 20% of the total business frontage.

When the business is on a corner lot, the address side of the business frontage shall be the measuring point for all wall and canopy signage.

Residential signs as permitted in subsection (1) above.

Banners/temporary signs.

Banners or temporary signs shall not be located on any property that constitutes a traffic hazard.

Banners or temporary signs shall be permitted for each business property provided they do not exceed either two square feet per lineal foot of business frontage or 80 square feet maximum in area.

Banners or temporary signs shall be attached to and mounted entirely on the building.

Banners or temporary signs shall not be attached to any utility pole, sign or other structure within the right-of-way.

Banners shall be hung so that the lowest part of the banner is not less than seven feet above the ground or sidewalk.

Feather flag signs.

Feather flag signs shall not be located on any property that constitutes a traffic hazard.

Feather flag signs shall not interfere with the public's use of the roadway or sidewalk.

Two feather flag signs are permitted for each 25 feet of business frontage. A business must have 100 feet of business frontage in order to erect a third feather flag sign. No more than three feather flag signs shall be permitted on any business frontage.

Wall signs.

One wall sign is permitted for each business property.

A wall sign shall not project above the building roofline to which it is attached and shall not exceed 30 feet in height.

A wall sign shall not extend outward more than 12 inches from the building wall to which it is attached.

Canopy signs.

The edge of the canopy sign shall not extend beyond the length or width of the canopy to which it is attached.

A canopy sign shall not extend either two feet above or two feet below the horizontal underside of the canopy, and in no case shall the sign provide less than seven feet clearance from the bottom of the sign and the ground. For a two-story porch canopy, the sign may extend more than two feet below the bottom of the porch structure but in no case shall the sign provide less than seven feet clearance from the bottom of the porch and the ground.

Signs mounted on the underside or topside of the canopy which are perpendicular to the building face may not exceed two-thirds the width of the canopy. A minimum spacing of 10 feet from sign to sign and five feet from the end of the canopy, except for a canopy at a street corner, is required.

Signs mounted on the underside or topside of the canopy and parallel to the building face shall not exceed two-thirds of the length of the canopy. A minimum spacing of five feet from the end of the canopy shall be provided.

Projecting signs.

One projecting sign per building face (wall) of a business property.

A projecting sign shall not extend more than four feet from the building face (wall) to which it is attached and shall not exceed 13 square feet in area including framework.

The distance from the bottom of the sign to the ground or sidewalk shall be a minimum of seven feet.

Projecting signs shall be pinned away from the building wall at least six inches.

Projecting signs may not extend vertically above the windowsill of a second story.

Ground signs.

One ground sign is permitted for each 100 feet of business frontage. A business must have 200 feet of business frontage in order to erect a second sign.

The maximum total sign area per sign shall not exceed 48 square feet including all framework.

The height of ground signs, including the sign structure, shall not exceed eight feet above the adjacent ground and the lowest point of the sign face shall not exceed two feet above the ground.

Freestanding signs.

Freestanding signs are not allowed in the central business (CBD) district.

Freestanding signs are not allowed on any property that has less than 100 feet of business frontage.

One freestanding sign shall be permitted for each business frontage except as set out below for integrated businesses.

For integrated businesses, there shall be no more than two freestanding signs per 250 [feet] of business property.

The maximum size of any freestanding sign shall be no larger than 160 square feet.

The lowest point of the freestanding sign face including the framing shall be a minimum of seven feet above the adjacent ground.

Freestanding sign footages below:

Business Frontage	Maximum Square Footage of Signage	Maximum Height of Sign
50'-100'	64 sq. ft.	30'
101'-150'	96 sq. ft.	30'
151'-200'	128 sq. ft.	30'
201'-250'	160 sq. ft.	30'

Historic district.

Signs, other than exempted signs under section 14.02.495, to be placed in the historic district shall also be subject to the review requirements of the historic preservation ordinance.

Businesses located in the historic district shall have the option of erecting a medallion or shield sign in lieu of a ground sign as described in subsections (2)(F), (3)(F), of this section. Any such sign shall not exceed nine (9) square feet of sign area and shall be mounted no more than nine feet high.

(Ordinance 688 adopted 10/28/13; Ordinance 898 adopted 2/10/2025)

§ 14.02.498 Off-premises signs.

Signs in the city and ETJ.

Off-premises signs within the city and within the extraterritorial jurisdiction of the city are subject to all provisions of this section. Any requirement, standard or prohibition not specifically outlined in this section is regulated by applicable provisions of V.T.C.A, Transportation Code chapter 391 and regulations issued under that chapter.

A sign permit shall be required for all off-premises signs pursuant to section 14.02.494.

Off-premises signs on private or public property must have written permission from the property owner.

Off-premises signs shall only be allowed on properties zoned General Commercial (GC) or Central Business District (CBD).

A maximum of two off-premises signs are permitted per business.

Off-premises signs shall have a maximum area of 32 square feet.

Off-premises signs shall have a maximum height of 12 feet, with a minimum of seven feet from the ground to the bottom of the sign.

A minimum setback of 10 feet is required from all public right-of-way lines for all off-premises signs.

Off-premises signs shall only be permitted along the following roadways, subject to a minimum spacing requirement of 250 feet:

U.S. 290

US 77

FM 141

10.

Animated and commercial electronic variable signs are prohibited.

11.

Off-premises signs shall comply with all other applicable sign regulations and requirements.

(Ordinance 898 adopted 2/10/2025)

§ 14.02.551 Purpose.

The city council of hereby declares that as a matter of public policy the protection, enhancement, and perpetuation of landmarks or districts of historical and cultural importance and significance is necessary to promote the economic, cultural, educational, and general welfare of the public. It is recognized that the historical resources of the city represent the unique confluence of time and place that shaped the identity of generations of citizens, collectively and individually, and produced significant historic, architectural, and cultural resources that constitute their heritage. This division is intended to:

Protect, enhance, preserve and perpetuate the landmarks and districts which represent distinctive elements of the city’s historic, architectural, cultural, social, economic, ethnic, heritage;

Foster civic pride in the accomplishments of the past;

Protect and enhance the city’s attractiveness to visitors and the support and stimulus to the economy thereby provided;

Insure the harmonious, orderly, and efficient growth and development of the city;

Promote economic prosperity and welfare of the community by encouraging the most appropriate use of such properties within the city;

Encourage stabilization, restoration, and improvements of such properties and their values.

(1999 Code, sec. 153.195)

§ 14.02.552 Historic preservation commission.

There is hereby created a commission to be known as the Giddings Historic Preservation Commission.

The commission shall consist of seven members to be appointed, to the extent available among the residents of the community, by the city council as follows.

All commission members, regardless of background, shall have a known and demonstrated interest, competence, or knowledge in historic preservation within the city.

The commission as a whole shall, where practical, represent the ethnic makeup of the city.

Commission members shall serve for a term of at least two years, with the exception that the initial term of four members shall be three years, and three members shall be two years.

The chairman and vice-chairman of the commission shall be elected by and from the members of the commission.

The commission shall be empowered to:

Make recommendations for employment of staff and professional consultants as necessary to carry out the duties of the commission.

Prepare rules and procedures as necessary to carry out the business of the commission.

Adopt criteria for the designation of historic, architectural, and cultural landmarks and the delineation of historic districts.

Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic district within the city.

Designate resources as landmarks and historic districts.

Create committees from among its membership and delegate to these committees responsibilities to carry out the purposes of this division.

Maintain written minutes which record all actions taken by the commission and the reasons for taking such actions and filed within the city.

Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques, or markers.

Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs.

Make recommendations to the city council concerning the utilization of government or private funds to promote the preservation of landmarks and historic districts within the city.

Approve or disapprove of applications for certificates of appropriateness pursuant to this division.

Prepare and submit annually to the council a report summarizing the work completed during the previous year.

(M)

Prepare specific design guidelines for the review of landmarks and districts.

Recommend the acquisition of a landmark structure by the city government where its preservation is essential to the purpose of this division and where private preservation is not feasible.

(O)

Propose tax incentive program(s) for landmarks or districts.

(P)

Accept on behalf of the city government the donation of preservation easements and development rights as well as any other gift of value for the purpose of historic preservation, subject to the approval of the city council.

The commission shall meet at least monthly, if business is at hand. Special meetings may be called at any time by the chairman, mayor, or on the written request of any two commission members. All meetings shall be held in conformance with the Texas Open Meetings Act.

A quorum for the transaction of business shall consist of not less than a majority of the full authorized membership.

(1999 Code, sec. 153.196)

§ 14.02.553 Historic preservation officer.

The city council shall appoint a qualified city official, staff person, or appropriate resident of the municipal entity to serve as historic preservation officer. This officer shall administer this division and advise the commission on matters submitted to it.

In addition to serving as representative of the commission, the officer is responsible for coordinating the city’s preservation activities with those of state and federal agencies and with local, state, and national nonprofit preservation organizations.

(1999 Code, sec. 153.197)

§ 14.02.554 Designation of historic landmarks.

These provisions pertaining to the designation of historic landmarks constitute a part of the comprehensive zoning plan of the city.

Property owners of proposed historic landmarks shall be notified prior to the commission’s hearing on the recommended designation. At the commission’s public hearing, owners, interested parties, and technical experts may present testimony or documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic landmark.

Upon recommendation of the commission, the proposed historic landmark shall be submitted to the zoning commission within 30 days from the date of submittal of designation request. The zoning commission shall give notice and conduct its hearing on the proposed designation within 45 days of receipt of such recommendation from the commission. Such hearing shall be in the same manner and according to the same procedures as specifically provided in the general zoning provisions of this article. The zoning commission shall make its recommendation to the city council within 45 days subsequent to the hearing on the proposed designation.

The city council shall schedule a hearing of the commission’s recommendation to be held within 45 days of receipt of the recommendation of the zoning commission. The city council shall give notice, follow the publication procedure, hold hearing, and make its determination in the same manner as provided in the general zoning provisions of this article.

Upon designation of a historic landmark or district, the city council shall cause the designation to be recorded in the official public records of real property of the county, the tax records of the city, and the county appraisal district as well as the official zoning maps of the city. All zoning maps should indicate the designated landmarks with an appropriate mark.

(1999 Code, sec. 153.198)

§ 14.02.555 Designation of historic districts.

These provisions pertaining to the designation of a historic district constitute a part of the comprehensive zoning plan of the city.

Property owners within a proposed historic district shall be notified prior to the commission’s public hearing on the recommended designation. At the public hearing, owners, interested parties, and technical experts may present testimony or documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic district.

The commission may recommend the designation of a district if it:

Contains properties and an environmental setting which meet one or more of the criteria for designation of a landmark; and

Constitutes a distinct section of the city.

Upon recommendation of the commission, the proposed historic district shall be submitted to the zoning commission within 30 days from the date of submittal of designation request. The zoning commission shall give notice and conduct its hearing on the proposed designation within 45 days of receipt of such recommendation from the commission. Such hearing shall be in the same manner and according to the same procedures as specifically provided in the general zoning provisions of this article. The zoning commission shall make its recommendation to the city council within 45 days subsequent to the hearing on the proposed designation.

The city council shall schedule a hearing on the commission’s recommendation to be held within 45 days of receipt of the recommendation of the zoning commission. The city council shall give notice, follow the publication procedure, hold hearings, and make its determination in the same manner as provided in the general zoning provisions of this article.

Upon designation of a historic district the city council shall cause the designated boundaries to be recorded in the official public records of real property of the county, the tax records of the city and the county appraisal district as well as the official zoning maps of the city. All zoning maps should indicate the designated historic district by an appropriate mark.

(1999 Code, sec. 153.199)

§ 14.02.556 Criteria for designation of historic landmarks and districts.

A historic landmark or district may be designated if it:

Possesses significance in history, architecture, archeology, and culture.

Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history.

Is associated with events or live persons that have made a significant contribution to the city in the past.

Embodies the distinctive characteristics of a type, period, or method of construction.

Represents the work of a master designer, builder, or craftsman.

Represents an established and familiar visual feature of the city.

(1999 Code, sec. 153.200)

§ 14.02.557 Certificate of appropriateness for alteration or new construction affecting landmarks or historic districts.

No person shall carry out any construction, reconstruction, alteration, restoration, rehabilitation, or relocation of any historic landmark or any property within a historic district, nor shall any person make any material change in the light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements visible from a public right-of-way which affect the appearance and cohesiveness of any historic landmark or any property within a historic district without a certificate of appropriateness.

(1999 Code, sec. 153.201)

§ 14.02.558 Criteria for approval of a certificate of appropriateness.

In considering an application for a certificate of appropriateness, the commission shall be guided by any adopted design guideline, and where applicable, the following from the Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings. Any adopted design guideline and Secretary of the Interior’s standards shall be made available to the property owners of historic landmarks or within historic districts.

Every reasonable effort shall be made to adapt the property in a manner which requires minimal alteration of the building, structure, object, or site and its environment.

The distinguishing original qualities or character of a building, structure, object, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature should be avoided when possible.

All buildings, structures, objects, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, object, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object, or site shall be kept where possible.

Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should reflect the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

The surface cleaning of structures shall be undertaken with the gentlest means possible. Cleaning methods that will damage the historic building materials shall not be undertaken.

Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.

Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.

Whenever possible, new additions or alterations to buildings, structures, objects, or sites shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object, or site would be unimpaired.

(1999 Code, sec. 153.202)

§ 14.02.559 Certificate of appropriateness application procedure.

Prior to the commencement of any work requiring a certificate of appropriateness the owner shall file an application for such a certificate with the commission. The application shall contain:

Name, address, telephone number of applicant, detailed description of proposed work.

Location and historical and contemporary photograph of the property and adjacent properties.

Elevation drawings of the proposed changes, if available.

Samples of materials to be used.

If the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination (if any), and a plan showing the sign’s location on the property.

Any other information which the commission may deem necessary in order to visualize the proposed work.

No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the commission. The certificate of appropriateness required by this division shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the city.

The commission shall review the application at a regularly scheduled meeting within 60 days from the date the application is received, at which time an opportunity will be provided for the applicant to be heard. The commission shall approve with modifications the permit within 45 days after the review meeting. In the event the commission does not act within 90 days of the receipt of the application, a permit may be granted.

All decisions of the commission shall be in writing. The commission’s decision shall state its findings pertaining to the approval, denial, or modification of the application. A copy shall be sent to the applicant. Additional copies shall be filed as part of the public record on that property and dispersed to appropriate departments, e.g., building inspection.

An applicant for a certificate of appropriateness dissatisfied with the action of the commission relating to the issuance or denial of a certificate of appropriateness shall have the right to appeal to the city council within 30 days after receipt of notification of such action. The city council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the general zoning provisions of this article.

(1999 Code, sec. 153.203)

§ 14.02.560 Certificate of appropriateness required for demolition.

A permit for the demolition of a historic landmark or property within a historic district, including secondary buildings and landscape features, shall not be granted by the building inspector without the review of a completed application for a certificate of appropriateness by the commission, as provided for in sections 14.02.557, 14.02.558, and 14.02.559.

(1999 Code, sec. 153.204)

§ 14.02.561 Economic hardship application procedure.

After receiving written notification from the commission of the denial of certificate of appropriateness, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the commission makes a finding that a hardship exists.

When a claim of a hardship is made due to the effect of this division, the owner must prove that:

The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;

The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and

Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

The applicant shall consult in good faith with the commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be shown to the commission.

The commission shall hold a public hearing on the application within 60 days from the date the application is received by the building inspector. Following the hearing, the commission has 30 days in which to prepare a written recommendation to the building inspector or other official. In the event that the commission does not act within 90 days of the receipt of the application, a permit may be granted.

All decisions of the commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the city secretary’s office for public inspection. The commission’s decision shall state the reasons for granting or denying the hardship application.

(1999 Code, sec. 153.205)

§ 14.02.562 Enforcement.

All work performed pursuant to a certificate of appropriateness issued under this division shall conform to any requirements included therein. It shall be the duty of the building inspector to inspect periodically any such work to assure compliance. In the event work is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the commission and verification by the city manager or his designee, the city manager or his designee shall issue a stop work order. No further work shall be undertaken on the project as long as a stop work order is in effect.

(1999 Code, sec. 153.206)

§ 14.02.563 Ordinary maintenance.

Nothing in this division shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a historic district which does not involve a change in design, material, or outward appearance. In-kind replacement or repair is included in this definition of ordinary maintenance.

(1999 Code, sec. 153.207)

§ 14.02.564 Demolition by neglect.

No owner or person with an interest in real property designated as a landmark or included within a historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself.

Examples of such deterioration include:

Deterioration of exterior walls or other vertical supports.

Deterioration of roof or other horizontal members.

Deterioration of exterior chimneys.

Deterioration or crumbling of exterior stucco or mortar.

Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors.

Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.

(1999 Code, sec. 153.208)

Giddings City Zoning Code

ARTICLE 14

02 ZONING ORDINANCE 1

§ 14.02.001 Title.

(1999 Code, sec. 153.001)

§ 14.02.002 Purpose.

(1999 Code, sec. 153.002)

§ 14.02.003 Application.

(1999 Code, sec. 153.003)

§ 14.02.004 Relationship to the comprehensive planning process.

(1999 Code, sec. 153.004)

§ 14.02.005 Definitions.

Generally.

The word “may” is not discretionary unless the context in which it is used indicates otherwise. The words “must” and “shall” are mandatory in every instance.

Tense.

Adult mini-motion picture theater or arcade.

Specific definitions.

For purposes of this article, certain terms and words are to be used and interpreted as hereinafter defined.

Accessory apartment.

A single dwelling unit which is clearly secondary and accessory to the main dwelling unit on a residential lot, and containing not more than 1,000 square feet of habitable floor area.

Accessory building.

Accessory use.

A land use activity that is customarily incidental, appropriate and subordinate to the principal use of the land or buildings located upon the same premises.

Adult bookstore.

Adult motel.

A motel wherein material is presented which is distinguished or characterized by an emphasis on or depicting or describing sexual conduct or specified anatomical areas.

Adult motion picture theater.

Adult use.

Any of the land use activities described in section 14.02.176.

Agriculture.

Alley.

A public passage or way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

Alteration or altered.

Includes the following:

Any addition to the height or depth of a structure.

Any change in the location of any of the exterior walls of a structure.

Automobile salvage wrecking yard.

Any increase in the interior accommodations of a structure.

Ambient.

The average atmospheric or water condition existing naturally in any particular area of interest at any one time.

Apartment.

Automobile.

A parcel of land where motor vehicles are disassembled, dismantled, junked or wrecked, or where motor vehicles not in operable condition and used automobile parts are stored.

Automobile service station.

Automobile wash.

A facility designed primarily for washing automobiles.

Average grade.

The grade of the finished ground level at the midpoint of each exterior surface of a sign, or a structure, in the event that the sign is attached to the structure.

A-weighted sound pressure level.

The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read shall be designated dB(A) or dBA.

Bar, dance hall, lounge, nightclub or tavern.

An establishment for the sale of beer or intoxicating liquor for consumption on the premises.

Bed and breakfast home.

A building or place where lodging is provided by prearrangement for definite periods, for compensation, for not more than 12 persons.

Block.

A parcel of land entirely surrounded by public highways, streets, streams, railway rights-of-way, parks, etc., or a combination thereof.

Boardinghouse.

Board of adjustment.

The board of adjustment of the city.

Boundary property line.

Building.

Primary.

A building in which the primary activity associated with the lot is conducted. In any residential zoning district, any dwelling shall be considered the primary building.

Secondary.

A building customarily incidental and subordinate to the primary building located on the same lot.

Code enforcement officer.

Storage/portable.

Building area.

That portion of a lot upon which buildings may be placed, excluding required yards and limited by the maximum building coverage as specified for each zoning district. (See section 14.02.122.)

Building coverage.

The percent of the lot area covered by the building exclusive of all overhanging roofs.

Building line.

A line established generally parallel to the front street line. No building may be permitted in the area between the building line and the street right-of-way line. (See section 14.02.122.)

Building site.

A single parcel of land occupied or intended to be occupied by a building or structure.

Cabaret.

Carport.

A permanent roofed structure open on at least two sides, designed for the parking and shelter of private passenger vehicles.

Child care primary.

City council.

The governing body of the city.

City planner.

A regular staff employee or consultant to the city, responsible for assisting in the preparation and implementation of the city’s comprehensive city plan, and other related plans and ordinances.

Clinic.

A municipal staff member who, working under the direction of the city manager, assists in the implementation of this article.

Community appearance board.

An officially constituted board of the city, whose primary task is assisting and promoting improvement of the city’s appearance.

Comprehensive city plan.

Condominium.

An estate in land and a form of property ownership as defined by state law.

Convalescent, rest, nursing, or extended care facility.

A health care facility where persons are housed, furnished with meals, and provided with continuing nursing care for compensation.

Day care facility.

See “child care facility.”

Daytime.

The hours between sunrise and sunset on any given day.

Decibel.

A unit measurement of sound pressure.

Density transfer or dwelling unit clustering.

District, zoning.

Drainage.

Dwelling or dwelling unit.

Any portion of a building used, intended or designed as a separate abode for a family.

A dwelling which is fully separated from any other building or joined to another building by structural members not constituting an enclosed or covered space.

Mixed-use.

A dwelling unit which is a part of a project which may be composed of residential, office, and commercial land use activities.

Multiple-family dwelling.

A dwelling designed for occupancy by two or more families living independently of each other as tenants, exclusive of recreational vehicle camps, hotels, motels, or resort facilities.

Townhouse or rowhouse dwelling.

Three or more dwelling units attached at the side or sides, each unit of which has a separate outdoor entrance and is designed to be occupied and may be rented or owned by one family.

Zero lot line dwelling.

A dwelling located on a lot in such a manner that one or more of the dwelling’s sides rest directly on a lot line.

Easement.

A right given by the owner of a parcel of land to another person, public agency or private corporation for a specific and limited use of that parcel.

See “agriculture.”

Sculpture, fountains or similar objects, which have been identified as fine art by the community appearance board, and which in no way identify or advertise a product or business.

Basements;

Elevator shafts and stairwells of each floor;

Floor space for mechanical equipment with structural headroom of seven feet;

Penthouses;

Attic space providing headroom of seven feet or more;

Interior balconies, mezzanines, enclosed covered porches and steps;

Accessory uses in enclosed covered space, but not including space used for off-street parking.

A mathematical expression determined by dividing the gross floor area of a building by the area of the lot on which it is located.

Footcandle.

A unit of illumination intensity.

Frequency.

The number of times per second a vibration or sound wave oscillates.

The measure of property on one side of a street, closest to the street right-of-way, and between the two side property lines associated with the same tract of land.

Garage.

An accessory building or a part of a main building used for storage purposes only for automobiles used solely by the occupants and their guests for the building to which it is accessory.

Gasoline service station.

Any garage other than a private garage available to the public, used for the care or servicing of automobiles where such vehicles are parked or stored for remuneration, hire or sale.

Garage apartment.

A dwelling unit for one family erected above a private garage.

See “service station.”

Group home.

Heavy equipment.

Motorized, self-propelled rolling stock, generally associated with earth moving, grading, scraping, building site preparation, and infrastructure or real estate development.

High-rise building.

A structure of more than six stories in height.

Home occupation.

An occupation that is incidental and secondary to the primary use of the premises as a residence, and which is not detrimental to adjoining properties. (See sections 14.02.171 through 14.02.176.)

Homeowners’ association.

Hospital.

Hotel or motel.

Impervious site cover.

See “structure.”

Indirect lighting.

A light source separated from the surface and illuminating the sign surface by means of spotlights or similar fixtures.

Ionizing radiation.

Gamma rays and X-rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles; but not sound or radio waves, or visible, infrared or ultraviolet light.

Junkyard.

Loading space.

A space within the main building or on the same lot therewith, provided for the standing, loading or unloading of trucks and having minimum dimensions of 12 by 60 feet.

Lot.

Corner.

A lot abutting upon two or more streets at their intersection.

Depth.

The perpendicular distance between the front and the rear lot lines.

Double-frontage.

A lot having direct access to two parallel public streets. For purposes of this article, land abutting such streets shall be considered “front yards.” (See appendix section 2.)

Line.

The boundary line of the property.

The yard or yards nearest the street.

Rear line.

The boundary of a lot which is most distant from, and most nearly parallel to the front lot line.

Manufactured home or manufactured housing.

Side line.

Lines running between the front and rear property lines.

Massage parlor.

Massage therapy clinic.

Mixed-use project.

A real estate complex which may include residential, office, commercial, and other diverse forms of land use activity; frequently created as a planned unit development.

Mobile home pad area.

An area designed for the exclusive use of an individual mobile home.

Motel or motor lodge.

See “hotel.”

Nonconformance.

Nonconforming use.

Octave band.

A portion of the audible sound spectrum. An octave band analyzer divides the audible sound spectrum into eight octave bands.

Odorous matter.

Any solid, liquid or gaseous matter, including but not limited to gases, vapors, dusts, fumes and mists which cause an odor sensation to human beings.

Odor thresholds.

The concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve.

Office complex.

Open storage and display.

The storage of any equipment, machinery, commodities, raw, semi-finished or finished materials, and building materials, which is visible from any public street.

Parking, interior.

Parking rows which are not located on the periphery of the proposed project site and further, where none of the parking spaces abut any property line associated with the project site.

Parking rows.

Single parking row.

A single row of spaces for the parking of motor vehicles.

Double parking.

Two parallel rows of spaces for the parking of motor vehicles arranged so that when parked, the front end of each motor vehicle faces the front end of another motor vehicle.

Parking space.

Particulate matter.

Finely divided solid or liquid matter, other than water, which is released into the atmosphere.

Paving.

A system of structuring base material and sealing an impervious wear surface, done in accordance with specifications provided by the code enforcement officer.

Planned unit development or cluster.

Any individual, firm, corporation, partnership or association of persons of whatever nature or description.

Planning and zoning commission.

The planning and zoning commission of the city.

Private club.

An establishment providing social or dining facilities, and which derives more than 50% of its gross sales from the sale of alcoholic beverages.

Public facility.

Any facility, including, but not limited to, buildings, property, recreation areas, and roads, which are owned, leased, or otherwise operated, or funded by a governmental body or public entity.

Recreational vehicle.

Residential density.

The number of lots, dwelling units, or persons located or residing within a residential area.

An opaque barrier of stone, wood, brick, block, or other permanent material at least six feet in height.

Setback.

A distance between the lot line and the building line. (See appendix section 1.)[4]

Sexual conduct.

Includes the following:

The fondling or touching of human genitals, pubic region, buttocks, or female breasts; or

Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, anal copulation, masturbation.

Shopping center.

Site development plan.

Smoke.

The visible discharge of particulate matter from a chimney, vent, or combustion process.

Sound level meter.

An instrument used to measure sound intensity.

Special event.

Human genitals, the pubic region, buttocks, and female breasts.

Stable.

A stable for personal, noncommercial use, for horses, mules, or donkeys.

a stable, other than a private stable, where animals are rented or leased to the public, or where shelter is provided for animals.

Street.

Arterial-primary.

An expressway, freeway, or primary thoroughfare whose primary function is the movement of traffic.

Arterial-secondary.

A thoroughfare whose predominate function is the movement of traffic but which provides more access than normally associated with a primary arterial.

Collector.

A street designed to serve equally the functions of access and movement. Collector streets serve as links between local streets and arterials.

Frontage or service road.

A collector street generally parallel to and adjacent to arterials, which provides access to abutting properties and protection from through traffic.

Local.

A neighborhood or minor street whose primary purpose is to provide access to abutting properties.

Toxic and noxious matter.

Cul-de-sac.

A local street having one end open to vehicular traffic and having one end closed or terminated with a turning circle.

Structural alteration.

Any change in the supporting members of a building such as bearing walls, bearing partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.

Structure.

Travel trailer.

Tree.

A large, woody plant having one or several self-supporting stems or trunks and numerous branches.

Vibration.

A temporal and spatial oscillation of displacement, velocity or acceleration in a solid material.

Vibration perception threshold.

Yard.

(See appendix section 1.)[6]

A common lot line on which a wall of a structure may be constructed.

Zoning map.

[1]

Editor’s note—The Appendix is included as an attachment to this chapter.

[2]

Editor’s note—The Appendix is included as an attachment to this chapter.

[3]

Editor’s note—The Appendix is included as an attachment to this chapter.

[4]

Editor’s note—The Appendix is included as an attachment to this chapter.

[5]

Editor’s note—The Appeneix is included as an attachment to this chapter.

[6]

Editor’s note—The Appendix is included as an attachment to this chapter.

(1999 Code, sec. 153.005; Ordinance 674 adopted 9/17/12)

§ 14.02.006 Penalty.

Criminal enforcement.

Civil remedies.

Failure to comply with any of the provisions of sections 14.02.551 through 14.02.564 shall be deemed a violation and punished pursuant to the provisions of this section.

(1999 Code, sec. 153.999)

§ 14.02.051 Code enforcement officer.

Primary responsibility for enforcement.

Duties.

The code enforcement officer shall have the following duties:

The code enforcement officer shall have the power to make inspections of buildings and premises to carry out the duties prescribed herein.

The code enforcement officer shall examine all building permit applications and shall certify that the proposed construction, moving, alteration, or use complies with the provisions of this article.

The code enforcement officer shall certify all certificates of occupancy prior to their issuance.

(1999 Code, sec. 153.020)

§ 14.02.052 Permit applications and certificates.

Certificate of occupancy.

A record of all certificates of occupancy shall be kept on file in the office of the code compliance official, copies of which shall be furnished to any person upon request.

The issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the building code or other city ordinances.

No commercial business shall begin operating until all required licenses and permits have been issued.

Penalties.

Any person who shall violate any provision of this chapter for which no other penalty is set forth shall be subject to the penalty set forth in section 1.01.009 of this code.

(Ordinance 661 adopted 12/5/11; Ordinance 671 adopted 9/4/12; Ordinance 671 adopted 6/24/19)

§ 14.02.053 Amendments to the zoning map and text.

Purpose of amendments.

To correct an error in the regulations or map;

To recognize changed or changing conditions or circumstances in a particular locality or area; or

To recognize a change in public plans or policies that affect the property.

Comprehensive planning process controlling.

No amendment shall be made to this article which is not in compliance with the city’s officially adopted long-range comprehensive planning program.

Applicant qualifications.

Application form.

Scheduled dates and notification; rezoning applications.

No later than the 15th day before the public hearing, notice of the hearing shall be published in an official newspaper or a newspaper of general circulation in the city.

Contain the time and place of the hearing; and

Include the following text in bold 14-point type or larger:

"THE CITY OF GIDDINGS, TEXAS, IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY."

Scheduled dates and notification; text amendment applications.

Withdrawal of application.

Planning and zoning commission report.

Protests.

In the event a protest to an application is filed with the city secretary, duly signed and acknowledged, by the owners of either:

Twenty percent or more of the area of the lots or land covered by the proposed change; or

Approval and execution of changes.

If finally approved by the required number of votes of the city council, the ordinance shall be executed by the mayor.

Expiration of an application.

(1999 Code, sec. 153.022; Ordinance 606 adopted 5/7/07; Ordinance 701 adopted 7/14/14; Ordinance 671 adopted 6/24/19; Ordinance 899 adopted 1/10/2025)

§ 14.02.054 Conditional use permit criteria and procedures.

Purpose.

Authorization of planning and zoning commission.

Issuance imitations and forms required.

Procedures.

No landowner has objected in writing to the conditional use permit application within 15 days from the date the notice to landowners is mailed or personally delivered by the code enforcement officer.

If a written objection is filed with the code enforcement officer, the procedure for obtaining a conditional use permit shall be as otherwise set forth herein.

Criteria for approval.

The planning and zoning commission shall recommend denial of a conditional use if it finds that the proposed use:

Does not conform with applicable regulations and standards established by this article;

Fails to reasonably protect persons and property from erosion, flood or water damage, fire, noise, glare, odors, and similar hazards or impacts;

Adversely affects traffic control or adjacent properties by inappropriate location, lighting, or types of signs;

Fails to provide adequate and convenient off-street parking and loading facilities;

Will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, for reasons specifically articulated by the commission; or

The premises or structure(s) are not suitable for the proposed conditional use.

Site plans.

Authorization to establish conditions.

Agreement to abide by conditions prior to issuance.

Validity of a conditional use permit.

A conditional use permit shall remain valid until such time as one of the following actions is taken:

The property is rezoned;

Another conditional use permit is approved for the site; or

The use of the premises changes and such a change is authorized by the issuance of a new certificate of occupancy.

Nonsubstantial changes.

(1999 Code, sec. 153.023; Ordinance 671 adopted 6/24/19)

§ 14.02.055 New and unlisted land uses.

Procedure to facilitate land use classification.

Classification rulings; board of adjustment.

Board of adjustment to make determination.

Incorporation of rulings into the zoning text.

(1999 Code, sec. 153.024)

§ 14.02.056 Nonconformance.

Purpose.

Nonconformance incompatible.

Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

Enlargement prohibited.

Nonconformance status.

Any use or structure which does not conform with the regulations contained in the zoning district in which it is located is deemed to be a legal nonconforming use when:

The use or structure was in existence and lawfully operating at the time of the passage of this article, and has since been in regular and continuous use; or

The use or structure was lawfully being used at the time of the adoption of any amendment to this article and by such amendment was placed in a district where it is not otherwise permitted; or

The use or structure was in existence at the time of annexation to the city and has since been in regular and continuous use.

Continuing lawful use of property.

A legal nonconforming use, when discontinued or abandoned, cannot be resumed. Prima facie evidence of discontinuance or abandonment is as follows:

When land associated with a legal nonconforming use ceases to be used in such a manner for a period of 180 consecutive days.

When a structure associated with a nonconforming use ceases to be used in such a manner for a period of 180 consecutive days.

The intent of the owner; or

The apparent act of discontinuance as supported by evidence submitted to the board of adjustment.

Development of nonconforming lots.

Proof of legal nonconformance.

It shall be the responsibility of the owner, operator, or occupant to provide proof that a nonconforming structure or use of land or building existed prior to the enactment of this article.

Restoration of damaged property.

Substitution of nonconforming uses or structures prohibited.

Enlargement of nonconformance prohibited.

Impact of sale or lease of property on nonconformance.

Survey and certification.

Termination of nonconformance.

The right to use a parcel of land or a structure in a nonconforming manner shall terminate under any of the following circumstances:

When the use is abandoned.

When any provision of this or any other ordinance of the city is violated.

When a nonconforming use is changed to a conforming use by means of amendment to the zoning text or map.

Compensation for non-conforming uses.

(1999 Code, sec. 153.025; Ordinance 899 adopted 1/10/2025)

§ 14.02.057 Zoning of annexed areas.

(1999 Code, sec. 153.026)

§ 14.02.058 Official zoning map.

Official zoning map established.

Location of the official zoning map.

City manager to retain copy.

(1999 Code, sec. 153.027)

§ 14.02.059 Zoning text and map interpretation.

Primary interpretation; code enforcement officer.

Ultimate interpretations; board of adjustment.

Official zoning map interpretation.

Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerline.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

Boundaries indicated as approximately following city limits shall be construed as following city limits.

Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines.

(1999 Code, sec. 153.028)

§ 14.02.060 Annual recodification required.

City manager responsible for recodification.

Article format.

This article shall be maintained and updated in a three-ring binder format.

(1999 Code, sec. 153.029)

§ 14.02.061 Fees.

Fee schedule.

Waiver of fees.

Attributable fees.

(1999 Code, sec. 153.030; Ordinance 671 adopted 6/24/19)

§ 14.02.111 AR agricultural/residential district.

Description.

Uses permitted by right.

Please see section 14.02.123.

Conditional uses.

Please see section 14.02.123.

Area regulations.

For a comprehensive review of area regulations pertaining to all zoning districts, please see section 14.02.122.

Lot area.

All lots located in the AR agricultural/residential district shall have not less than two acres of land.

Lot width.

Each lot in an AR agricultural/residential district shall be no less than 200 feet in width.

Lot depth.

Each lot in an AR agricultural/residential district shall have not less than 200 feet of depth.

Residential density.

Density in an AR agricultural/residential district shall not exceed one primary dwelling unit per lot.

Front yard.

Each lot in an AR agricultural/residential district shall have a front yard of not less than 50 feet.

Rear yard.

Each lot in an AR agricultural/residential district shall have a rear yard of not less than 50 feet.

Side yard.

Each lot in an AR agricultural/residential district shall have side yards of not less than 25 feet.

Lot coverage.

Impervious site cover on an AR agricultural/residential district lot shall not exceed 30% of the lot.

Height.

No structure on an AR agricultural/residential district lot shall exceed 45 feet in height.

(1999 Code, sec. 153.040)

§ 14.02.112 R-1 single-family residential district.

Description.

Uses permitted by right.

Please see section 14.02.123.

Conditional uses.

Please see section 14.02.123.

Area regulations.

For a comprehensive review of area regulations pertaining to all zoning districts, please see section 14.02.122.

Lot area.

A lot located in the R-1 single-family residential district shall have not less than 5,000 square feet of area.

Lot width.

A lot located in the R-1 single-family residential district shall have not less than 50 feet of width or frontage.

Lot depth.

A lot located in the R-1 single-family residential district shall have not less than 100 feet of depth.

Residential density.

Density in a R-1 single-family residential district shall not exceed a density of one primary dwelling unit per lot.

Front yard.

Each lot in a R-1 single-family residential district shall [have] a front yard of not less than 15 feet.

Rear yard.

Side yard.

Lot coverage.

Impervious site cover on a R-1 single-family residential district lot shall not exceed 50% of the lot.

Height.

No structure in a R-1 single-family residential district shall exceed 35 feet in height.

(1999 Code, sec. 153.041)

§ 14.02.113 R-2 multifamily residential district.

Description.

Uses permitted by right.

Please see section 14.02.123.

Conditional uses.

Please see section 14.02.123.

Area regulations.

For a comprehensive review of area regulations pertaining to all zoning districts, please see section 14.02.122.

Lot area.

A lots located in the R-2 multifamily residential district shall have no less than 8,000 square feet.

Lot width.

A lot located in the R-2 multifamily residential district shall have not less than 80 feet of width or frontage.

Lot depth.

A lot located in the R-2 multifamily residential district shall have not less than 100 feet of depth.

Residential density.

Density in a R-2 multifamily residential district shall not exceed a density of 12 dwellings per acre.

Front yard.

Each lot in a R-2 multifamily residential district shall [have] a front yard of not less than 25 feet.

Rear yard.

Side yard.

Lot coverage.

Impervious site cover on a R-2 multifamily residential district lot shall not exceed 50% of the lot.

Height.

No structure in a R-2 multifamily residential district shall exceed 35 feet in height.

(1999 Code, sec. 153.042)

§ 14.02.114 R-3 multifamily residential district.

Description.

Uses permitted by right.

Please see section 14.02.123.

Conditional uses.

Please see section 14.02.123.

Area regulations.

For a comprehensive review of area regulations pertaining to all zoning districts, please see section 14.02.122.

Site area.

A site located in the R-3 multifamily residential district shall have not less than 10,000 square feet.

Site width.

A site located in the R-3 multifamily residential district shall have not less than 100 feet of width or frontage.

Site depth.

A site located in the R-3 multifamily residential district shall have not less than 100 feet of depth.

Residential density.

Density in a R-3 multifamily residential district shall not exceed 16 dwelling units per acre.

Front yard.

Each site in a R-3 multifamily residential district shall [have] a front yard of not less than 25 feet.

Rear yard.

Each site in a R-3 multifamily residential district shall have a rear yard of not less than 25 feet.

Side yard.

Each site in a R-3 multifamily residential district shall have side yards of not less than 25 feet on each side.

Site coverage.

Impervious site cover on a R-3 multifamily residential district lot shall not exceed 50% of the lot.

Height.

No structure in a R-3 multifamily residential district shall exceed 35 feet in height.

(1999 Code, sec. 153.043)

§ 14.02.115 MH manufactured housing district.

Description.

Uses permitted by right.

Please see section 14.02.123.

Conditional uses.

Please see section 14.02.123.

Area regulations.

For a comprehensive review of area regulations pertaining to all zoning districts, please see section 14.02.122.

Site area.

A site for a MH manufactured home district shall contain not less than two acres in size.

Lot area.

A lot located in the MH manufactured home district shall have not less than 6,000 square feet of area.

Lot width.

Lot depth.

Residential density.

Density in a MH manufactured home district shall not exceed a density of one primary dwelling unit per lot.

Front yard.

Each lot in a MH manufactured home district shall [have] a front yard of not less than 25 feet.

Rear yard.

Each lot in a MH manufactured home district shall have a rear yard of not less than 25 feet.

Side yard.

Each lot in a MH manufactured home district shall have side yards of not less than 10 feet on each side.

Lot coverage.

Impervious site cover on a MH manufactured home district lot shall not exceed 50% of the lot.

Height.

No structure in a MH manufactured home district shall exceed 35 feet in height.

In-migration of additional mobile homes prohibited.

Location of manufactured homes.

In-migration of manufactured homes into the city shall be additionally restricted as follows:

Only new manufactured homes shall be considered for conditional use permitted placement in R-1, R-2, and AR areas of the city.

Manufactured homes may be placed and maintained only on property owned by the conditional use permit applicant.

Existing mobile homes.

Existing mobile home or manufactured home lots.

Retroactive effect.

Construction standards adopted.

Liability of the city.

Existing mobile home parks.

License required.

It shall be unlawful for any person to maintain or operate a mobile home park within the city unless such person shall first obtain a license therefor.

Application.

Applicant’s name and mailing address.

Location and legal description of the land area of the proposed park, with a plat attached showing the size and configuration of the land area.

Such further information as may be requested by the building inspector to enable him to determine if the proposed park will comply with legal requirements.

Application processing fee.

Expiration, renewal or transfer of license.

All licenses issued under the terms as set forth herein shall expire on December 31, following the issuance date.

Any license issued to operate a mobile home park shall be renewed by the city upon payment of the annual license fee by the licensee.

Fees.

The annual license fee for a mobile home park shall be as provided in section B14.02.115 of the code compliance fee schedule in appendix B of this code.

The fee for each mobile home park license transferred from one person to another shall be as provided in section B14.02.115 of the code compliance fee schedule in appendix B of this code[.]

Revocation.

Park plans, specifications, operations and maintenance.

Existing mobile home parks shall conform to the requirements of this subsection:

Drainage.

The park shall be located on a well-drained site, with any drainage easement right-of-way, if existing, properly graded to ensure rapid drainage and the absence of stagnant pools of water.

Spaces and clearance.

Setback requirements.

Off-street parking.

Off-street parking facilities in the ratio of 1-1/2 spaces for each manufactured home or travel trailer space shall be provided in each mobile home park.

Walkways and driveways.

Electric service.

Water supply.

Sewage disposal.

Barriers.

Cleanliness and sanitation.

Mobile home park.

Name of park;

Location and mailing address;

Telephone number; and

Name of licensee and attendant or caretaker.

Manufactured home or travel trailer owner.

Name of owner (and all occupants other than owner);

Business address;

Space or lot number in park;

Date registered in park; and

Home phone number of occupants.

Manufactured home or travel trailer specifications.

Make, model, and year;

Title number;

Serial number;

Color;

Body length and width;

License number and year;

State where licensed;

Single, double, or triple unit (manufactured home only); and

Date of arrival and departure of the unit.

Control of animals and pets.

No owner or person in charge of any dog, cat, or other pet animal shall permit it to run at-large or commit any nuisance within the limits of any mobile home park.

Garbage receptacles.

Fire protection.

No open fires shall be permitted in the park; however, this shall not be considered so as to prohibit the use of approved, portable charcoal or gas grills or camper-type stoves.

Use of bottled gas and fuel oil.

Construction to expand manufactured home dwelling space.

It shall be constructed of metal only, be fire resistive, double wall, with mechanical joint panels. No welded joints between the panels shall be permitted.

The strength of the materials and structure shall meet the minimum standards of the building code adopted by the city.

It shall be capable of being dismantled and removed from the site at the time the manufactured home to which it is attached is moved.

The finish and appearance shall be as near to the same or in harmony with the design of the manufactured home to which is attached.

The length must not exceed the length of the manufactured home to which it is attached.

Only one additional room per manufactured home shall be permitted.

(17)

City ordinances.

(18)

For the purpose of this section, the term “travel trailer” shall include recreational vehicles.

(1999 Code, sec. 153.044; Ordinance 671 adopted 6/24/19)

§ 14.02.116 NC neighborhood commercial district.

Description.

Uses permitted by right.

Please see section 14.02.123.

Conditional uses.

Please see section 14.02.123.

Area regulations.

For a comprehensive review of area regulations pertaining to all zoning districts, please see section 14.02.122.

Lot area.

All lots located in the NC neighborhood commercial district shall have not less than 5,000 square feet of area.

Lot width.

Each lot in a NC neighborhood commercial district shall be no less than 50 feet in width.

Lot depth.

Each lot in a NC neighborhood commercial district shall have not less than 100 feet of depth.

Front yard.

Each lot in a NC neighborhood commercial district shall [have] a front yard of not less than 25 feet.

Rear yard.

Each lot in a NC neighborhood commercial district shall have a rear yard of not less [than] 25 feet.

Side yard.

Each lot in a NC neighborhood commercial district shall have side yards of not less than 15 feet.

Lot coverage.

Impervious site cover on a NC neighborhood commercial district lot shall not exceed 60% of the lot area.

Height.

No structure on a NC neighborhood commercial district lot shall exceed 35 feet.

(1999 Code, sec. 153.045; Ordinance 897 adopted 2/10/2025)

§ 14.02.117 CBD central business district.

Description.

Uses permitted by right.

Please see section 14.02.123.

Conditional uses.

Please see section 14.02.123.

Area regulations.

For a comprehensive review of area regulations pertaining to all zoning districts, please see section 14.02.122.

Lot area.

All lots located in the CBD central business district shall have not less than 2,500 square feet of area.

Lot width.

Each lot in the CBD central business district shall be no less than 25 feet in width.

Lot depth.

Each lot in the CBD central business district shall have no than less than 100 feet of depth.

Front yard.

None required.

Rear yard.

None required.

Side yard.

None required.

Lot coverage.

Impervious site cover on a CBD central business district lot shall not exceed 95% of the lot area.

Height.

No structure on a CBD central business district lot shall exceed 50 feet.

(1999 Code, sec. 153.046)

§ 14.02.118 GC general commercial.

Description.

Uses permitted by right.

Please see section 14.02.123.

Conditional uses.

Please see section 14.02.123.

Area regulations.

For a comprehensive review of area regulations pertaining to all zoning districts, please see section 14.02.122.

Lot area.

All lots located in the GC general commercial district shall have not less than 5,000 square feet of area.

Lot width.

Each lot in a GC general commercial district shall be no less than 50 feet in width.

Lot depth.

Each lot in a GC general commercial district shall have not less than 100 feet of depth.

Front yard.

Each lot in a GC general commercial district shall [have] a front yard of not less than 25 feet.

Rear yard.

Each lot in a GC general commercial district shall have a rear yard of not less [than] 25 feet.

Side yard.

Each lot in a GC general commercial district shall have side yards of not less than 15 feet.

Lot coverage.

Impervious site cover on a GC general commercial district lot shall not exceed 65% of the lot area.

Height.

No structure on a GC general commercial district lot shall exceed 35 feet.

(1999 Code, sec. 153.047)

§ 14.02.119 AU adult uses district.

Description.

Uses permitted by right.

Please see section 14.02.123.

Conditional uses.

Please see section 14.02.123.

Area regulations.

For a comprehensive review of area regulations pertaining to all zoning districts, please see section 14.02.122.

Lot area.

All lots located in the AU adult uses district shall have not less than 10,000 square feet in area.

Lot width.

Each lot in an AU adult uses district shall be no less than 100 feet in width.

Lot depth.

Each lot in an AU adult uses district shall have not less than 115 feet in depth.

Front yard.

Each lot in an AU adult uses district shall have a front yard of not less than 25 feet.

Rear yard.

Each lot in an AU adult uses district shall have a rear yard of not less [than] 25 feet.

Side yard.

Each lot in an AU adult uses district shall have side yards of not less than 15 feet.

Lot coverage.

Impervious site cover on an AU adult uses district lot shall not exceed 60% of the lot area.

Height.

No structure on an AU adult uses district lot shall exceed 35 feet.

Additional regulations.

Please see sections 14.02.171 through 14.02.176.

(1999 Code, sec. 153.048)

§ 14.02.120 LM light manufacturing district.

Description.

Uses permitted by right.

Please see section 14.02.123.

Conditional uses.

Please see section 14.02.123.

Area regulations.

For a comprehensive review of area regulations pertaining to all zoning districts, please see section 14.02.122.

Lot area.

All lots located in the LM light manufacturing district shall have not less than one acre in area.

Lot width.

Each lot in a LM light manufacturing district shall be no less than 100 feet in width.

Lot depth.

Each lot in a LM light manufacturing district shall have not less than 100 feet of depth.

Front yard.

Each lot in a LM light manufacturing district shall [have] a front yard of not less than 35 feet.

Rear yard.

Each lot in a LM light manufacturing district shall have a rear yard of not less [than] 25 feet.

Side yard.

Each lot in a LM light manufacturing district shall have side yards of not less than 25 feet.

Lot coverage.

Impervious site cover on a LM light manufacturing district lot shall not exceed 70% of the lot area.

Height.

No structure on a LM light manufacturing district lot shall exceed 45 feet.

(1999 Code, sec. 153.049)

§ 14.02.121 Planned unit development.

Purpose.

The purposes of the PUD classification are to:

Avoid monotony by allowing greater freedom in selecting the means to provide access, light, open space and amenities; and

Description.

PUD location and size.

A PUD shall be permitted in any R-1, R-2, R-3, NC, CBD, or GC zone and shall be a minimum of two acres in size.

General procedure.

The procedures associated with the granting or denial of PUD classification shall conform to those procedures described in sections 14.02.051 through 14.02.061 specifically section 14.02.054.

Specific procedure.

Permitted locations for PUDs.

Code enforcement officer report.

Criteria used for granting or denying PUD status.

The criteria by which the proposed PUD development plan shall be judged shall include but shall not be limited to the following:

Compatibility with surrounding land uses;

Setbacks;

Public access;

Drainage;

Traffic circulation and parking;

Screening;

Building heights;

Landscaping;

Lot coverage allowed;

Exterior lighting;

Lot sizes;

Signage;

PUD land use composition; and

Other factors as determined significant by the planning and [zoning] commission.

PUD development plan required.

The PUD development plan shall include the following:

A topographic contour map with intervals of no less than ten feet. Significant changes in topography and/or drainage shall be illustrated.

A site plan for proposed buildings, their locations, and distances between buildings and property lines. This should also include an off-street parking plan.

A landscape plan showing all vegetation to be included by key with a plant list.

An architectural drawing with elevations of all uses.

A signage plan if commercial activities will be incorporated into the plan.

Waiver and abandonment.

Regulations.

Mixed use permitted.

Yard and density modifications.

Lots and yards may be clustered provided that overall dwelling unit density ratios are not greater than 125% of those associated with the largest residential district in which the PUD is located.

Periphery requirements.

All PUDs shall establish a buffer strip not less than 20 feet wide around the boundaries of the development to provide for a gradual transition between the PUD and adjoining land uses.

Parking requirements.

Parking area and number of spaces shall comply to regulations for the applicable use as prescribed in sections 14.02.231 through 14.02.234.

Provisions for PUD maintenance.

Creation of a homeowners’ or business owners’ association.

Failure to maintain common areas.

Failure to maintain streets.

(1999 Code, sec. 153.050)

§ 14.02.122 Lot area and standards matrix.

	Min. Lot Size	Min. Lot Width	Min. Lot Depth	Max. Density	Min. Front Yard	Min. Rear Yard	Min Side Yard	Max. Lot Coverage	Max. Structure Height
AR Agricultural/Residential	2 acres	200 feet	200 feet	1 dwelling per lot	50 feet	50 feet	25 feet	30%	45 feet
R-1 Single-Family Residential	5,000 sq. ft.	50 feet	100 feet	1 dwelling per lot	15 feet	25 feet	5 feet	50%	35 feet
R-2 Multifamily Residential	8,000 sq. ft.	80 feet	100 feet	12 dwelling s per lot	25 feet	25 feet	5 feet	50%	35 feet
R-3 Multifamily Residential	10,000 sq. ft.	100 feet	100 feet	16 dwellings per lot	25 feet	25 feet	25 feet	50%	35 feet
MH Manufactured Home	1	2	3	1 dwelling per lot	25 feet	25 feet	10 feet	50%	35 feet
NC Neighborhood Commercial	5,000 sq. ft.	50 feet	100 feet	Not applicable	25 feet	25 feet	15 feet	65%	35 feet
CBD Central Business District	2,500 sq. ft.	25 feet	100 feet	1 dwelling per lot	0	0	0	95%	50 feet
GC General Commercial	5,000 sq. ft.	50 feet	100 feet	Not applicable	25 feet	25 feet	15 feet	65%	35 feet
AU Adult Use	10,000 sq. ft.	100 feet	115 feet	Not applicable	25 feet	25 feet	15 feet	60%	35 feet
LM Light Manufacturing	1 acre	100 feet	100 feet	Not applicable	25 feet	25 feet	25 feet	70%	45 feet

	Min. Lot Size	Min. Lot Width	Min. Lot Depth	Max. Density	Min. Front Yard	Min. Rear Yard	Min Side Yard	Max. Lot Coverage	Max. Structure Height
AR Agricultural/Residential	2 acres	200 feet	200 feet	1 dwelling per lot	50 feet	50 feet	25 feet	30%	45 feet
R-1 Single-Family Residential	5,000 sq. ft.	50 feet	100 feet	1 dwelling per lot	15 feet	25 feet	5 feet	50%	35 feet
R-2 Multifamily Residential	8,000 sq. ft.	80 feet	100 feet	12 dwelling s per lot	25 feet	25 feet	5 feet	50%	35 feet
R-3 Multifamily Residential	10,000 sq. ft.	100 feet	100 feet	16 dwellings per lot	25 feet	25 feet	25 feet	50%	35 feet
MH Manufactured Home	1	2	3	1 dwelling per lot	25 feet	25 feet	10 feet	50%	35 feet
NC Neighborhood Commercial	5,000 sq. ft.	50 feet	100 feet	Not applicable	25 feet	25 feet	15 feet	65%	35 feet
CBD Central Business District	2,500 sq. ft.	25 feet	100 feet	1 dwelling per lot	0	0	0	95%	50 feet
GC General Commercial	5,000 sq. ft.	50 feet	100 feet	Not applicable	25 feet	25 feet	15 feet	65%	35 feet
AU Adult Use	10,000 sq. ft.	100 feet	115 feet	Not applicable	25 feet	25 feet	15 feet	60%	35 feet
LM Light Manufacturing	1 acre	100 feet	100 feet	Not applicable	25 feet	25 feet	25 feet	70%	45 feet

(1999 Code, sec. 153.051)

§ 14.02.123 Land use matrix.

	Land Use Matrix
	X = Use permitted by right C = Conditional use permit required PUD = Planned unit development
	AR	R-1	R-2	R-3	MH	NC	CBD	GC	AU	LM
Accessory buildings	X	X	X		X
Accountants						X	X	X
Advertising agencies						X	X	X
Air compressors (commercial)							X			X
Air conditioning parts and service							X	X		X
Airline ticket agencies						X	X	X
Alcoholic beverage (liquor) store							X	X
Alterations, clothing						X	X	X
Ambulance service						C	X	X
Antique shops and dealers, retail and wholesale							X	X		X
Apartments				X and PUD			C	PUD
Apartment rental agencies						X	X	X
Appliance dealers							X	X
Architects						X	X	X
Art galleries and dealers							X	X
Artist studios						X	X	X
Arts and crafts supplies						X	X	X
Attorneys						X	X	X
Auction house							X	X		X
Auto body painting								X		X
Auto body repair								X		X
Auto cleanup and detail service							X	X		X
Auto dealers, new vehicles							X	X
Auto dealers, used vehicles							X	X
Auto engine repair							X	X		X
Auto muffler shop								X
Auto parts and supplies							X	X
Auto rental and leasing						X	X	X
Auto seat covers, tops and upholstery							X	X
Auto service stations						C	X	X
Auto wheel and brake service							X	X
Auto wrecker service								X
Auto undercoating and rustproofing								X
Automatic teller machine						X	X	X
Bait and tackle shops							X	X
Bakers, retail						X	X	X
Bakers, wholesale							X	X		X
Banks or financial services						C	X	X
Barbers and beauty salons						X	X	X
Bars							X	X	X
Battery (car and boat) shop								X
Bed and breakfast	C	C					X
Bicycle sales and service						X	X	X
Billiard parlor							X	X	X
Bingo parlor							X		X	X
Boat engine repair and service							X	X		X
Boat equipment and supplies							X	X
Boat sales							X	X		X
Book dealers, retail						X	X	X	X
Bowling alleys							X	X
Building material sales							X	X		X
Cabinet makers and millwork shops							X	X		X
Cafes						C	X	X	X
Candy and confection, retail						X	X	X
Carpet and rug dealers							X	X
Caterers						C	X	X
Cellular communications tower										X
Cemetery or mausoleum	C
Child care and day nurseries	C	C	C	C	C	X	X	X
Chiropractors						X	X	X
Church or place of worship	X					X	X	X
Civic club or fraternal organization						X	X	X
Clothing store						C	X	X
Coin dealers							X	X
Commercial garage							X	X
Commercial parking lot							X	X
Computer sales and services						X	X	X
Condominium		PUD	PUD	PUD	PUD		PUD
Contractors						X	X	X
Convenience stores						X	X	X
Copy and duplicating services						X	X	X
Dance halls							X	X	X
Dance instruction						X	X	X
Delivery services						X	X	X
Dental laboratories						C	X			X
Dentists						X	X	X
Department stores							X	X
Dinner theater						C	X	X
Discount stores							X	X
Doctor’s office						X	X	X
Domestic animal grooming	C					X	X	X
Domestic animal training schools	C					X	X	X
Domestic waste recycling center										X
Dressmaking						X	X	X
Drive-ins (prepared food)							X	X
Druggists						X	X	X
Dry cleaners						X	X	X
Electrical equipment and supplies, retail							X	X
Electrical equipment and supplies, wholesale							X			X
Electronic, retail; sales and service							X	X
Electronics manufacturer										X
Employment agencies						X	X	X
Engine repair							X	C		X
Engineers						X	X	X
Exterminators and pest control							X	X
Fabric shops						X	X	X
Farm	X
Fish and seafood, retail						C	X	X
Florists without greenhouses	X					X	X	X
Florists with greenhouses	X					C	X	X
Four-family residence				X and PUD
Frozen food lockers							X			X
Furniture sales							X	X
Funeral home, mortuary						C	X	X
Game rooms and billiard parlors						C	X	X	X
Gasoline service station						C	X	X
Gift shops						X	X	X
Glass sales, tinting, and replacement							X	X		X
Golf course/country club	X
Gravestone/tombstone sales	C							X
Greenhouse	X
Grocery and food stores						C	X	X
Group home for the mentally retarded			C	C
Gunsmiths						C	X	X		X
Handicraft shop						X	X	X
Hardware stores						C	X	X
Health club				X		X	X	X
Heavy machinery sales							X	X		X
Hospice office						X	X	X
Hospital						C	X	X
Hotels and motels							X	X
Insurance agencies						X	X	X
Interior decorators						X	X	X
Janitorial services and supplies							X	X
Jewelers, retail and repair							X	X
Kennels, outdoor	X							X
Keys, locks and locksmiths						X	X	X
Laundry, self-service				X	X	X	X	X
Lawn mowers, retail and repair						X	X	X
Libraries				C		X	X	X
Limousine service						X	X	X
Liquor stores							X	X
Lounges							X	X	X
Lumber sales							X	X
Machine shops and welding								X		X
Mailbox rentals						X	X	X
Manufactured home	C	C	C		X
Marriage and family counselors						X	X	X
Medical clinics						X	X	X
Medical emergency clinics							X	X
Medical equipment and supplies							X	X		X
Monastery or convent	X
Motion picture theater						C	X	X	X
Motorcycle sales and repair							X	X
Museums						X	X	X
Musical instrument dealers						X	X	X
Needlework and materials						X	X	X
Newsstands						X	X	X	X
Notaries, public						X	X	X
Nurseries	X					X	X	X
Nursing homes						X	X	X
Office building (multiple tenants)						X	X	X
Office furniture and equipment							X	X
Office supply stores						C	X	X
Optical goods and opticians						X	X	X
Optometrists						X	X	X
Paint stores, retail						X	X	X
Pawnbrokers							X	X
Personal care home for the aged (assisted living)				X and PUD		X and PUD	X and PUD	X and PUD
Pet shops, indoor only						X	X	X
Pharmacies						X	X	X
Photo finishing, retail						X	X	X
Photographic studio						X	X	X
Physical fitness centers						X	X	X
Physicians						X	X	X
Picture frames and framing						X	X	X
Plant sales	X					X	X	X
Private clubs (as per TABC)							X	X	X
Private schools						C	X	X
Product assembly plants (manufacturing)										X
Psychologists and psychotherapists						X	X	X
Public use (governmental)	C	C	C	C	C	X	X	X	X	X
Pumps, industrial service and sales										X
Quick lube/oil change							X	X
Radio communications equipment, retail	C						X	X
Radio/television transmission tower (commercial)	C						X	X		X
Real estate agents and brokers						X	X	X
Recreational vehicle parks	C							C
Recreational vehicle sales, rental and repair							X	X		X
Rental service stores (no heavy equipment)						C	X	X
Rental service, commercial and industrial							X	X		X
Restaurants						C	X	X	X
Restaurants (delivery and pickup)						X	X	X
Restaurant equipment and supplies							X	X
Retirement center/community				X and PUD	X and PUD
Satellite receiving antenna (commercial)	X					C	C	C		X
Secretarial and answering services						X	X	X
Sexually oriented business									X
Shoe repair						X	X	X
Shopping centers						C	X	X		X
Signs, manufacturing							X	X		X
Single-family detached residence	X	X and PUD			X and PUD	X	X	X
Single-family attached residence	X	X and PUD			X and PUD	X	X	X
Skating rinks							X	X
Sporting goods							X	X
Stables	X
State vehicle inspection center						C	X	X
Stationary stores						X	X	X
Stocks and bonds brokers						X	X	X
Storage, auto and boat							X	X		X
Swimming pool and spa sales and supplies							X	X		X
Tailor shop						X	X	X
Taverns							X	X	X
Telephone equipment and sales						X	X	X
Tele-video production							X	X		X
Theater						X	X	X	X
Tire dealers and service							X	X
Title companies						X	X	X
Townhouse				X
Travel agencies						X	X	X
Truck rental and leasing							X	X		X
Trucking company							X	X		X
Upholstery shop							X	X		X
Variety stores							X	X
Veterinarians and animal hospitals	X					C	X	X
Video rental stores						X	X	X	X
Wallpapering and wall covering, retail						X	X	X
Warehouse							X	X		X
Warehouses, office and mini							X	X		X
Welding shop							X	X		X
Wholesale services							X	X		X
Wood products manufacture										X
Woodwork shops for artisan crafts						C	X	X
Zero lot line homes		PUD	PUD	PUD	PUD		PUD	PUD

(1999 Code, sec. 153.052; Ordinance 713 adopted 2/23/15; Ordinance 833 adopted 10/30/17)

§ 14.02.171 Purpose and description.

This division establishes regulations for certain land uses which are permitted in a given district yet require additional regulations to ensure complete compatibility with surrounding land uses.

(1999 Code, sec. 153.060)

§ 14.02.172 Group homes.

Location.

Group homes shall be permitted as a conditional use in R-2 multifamily residential and R-3 multifamily residential districts.

Distance requirement.

A group home shall be located not less than 1,000 lineal feet from any other group home or child care facility as measured from the nearest boundary of the sites on which they are located.

Parking requirements.

Parking shall be in accordance with sections 14.02.231 through 14.02.234.

Visual compatibility.

No structural alterations shall be permitted that will cause the group home to be substantially distinguishable from other surrounding residential properties.

Statutory licensing requirements.

All group homes shall meet every state statutory licensing requirement.

Outside lighting.

All outside lighting shall meet the performance criteria established in sections 14.02.281 through 14.02.291.

(1999 Code, sec. 153.061)

§ 14.02.173 Home occupations.

Location.

Home occupations shall be limited to AR agricultural/residential, R-1 single-family residential and MR [MH] manufactured home districts.

No external activities permitted.

All activities and storage associated with a home occupation shall be located within the associated residence.

Employment of persons outside of the immediate family.

Employment shall be limited to one person who is not a member of the immediate family residing on the premises.

Parking requirements.

Parking shall be in accordance with sections 14.02.231 through 14.02.234.

Signs.

Only one sign per home occupation shall be allowed. Said sign shall not exceed two feet in height or width.

Visual compatibility.

No structural alterations shall be permitted that will cause the home occupation to be substantially distinguishable from other surrounding residential properties.

Annual licensing required.

Performance criteria.

All home occupations shall meet the performance criteria established in sections 14.02.281 through 14.02.291.

No commercial vehicles permitted.

No commercial vehicles shall be permitted for delivery and pickup services associated with a home occupation.

Land uses not qualifying as home occupations.

The following land use activities shall not be qualified as home occupations:

Auto repair;

Furniture upholstering, paint and finish striping, and repair;

Welding services.

(1999 Code, sec. 153.062)

§ 14.02.174 Child care facilities.

Location.

Distance requirement.

Parking requirements.

Parking shall be in accordance with sections 14.02.231 through 14.02.234.

Signs.

Only one sign per child care facility shall be allowed. Said sign shall not exceed three feet in height or width.

Visual compatibility.

Statutory licensing requirements.

All child care facilities shall meet every state statutory licensing requirement.

Annual licensing required.

Performance criteria.

All child care facilities shall meet the performance criteria established in sections 14.02.281 through 14.02.291.

Screening required in residential districts.

Time of operation limits in residential districts.

All child care facilities located in residential districts shall be limited to operating between the hours of 6 a.m. and 10 p.m. daily.

(1999 Code, sec. 153.063)

§ 14.02.175 Special events.

Location.

Special events shall be located as a conditional use in AR agricultural/residential or GC general commercial zoning districts.

Duration and time of operation limits.

No special event may operate for more than seven consecutive days. Special events may not operate before 7 a.m. nor after 10 p.m. daily.

Code enforcement officer to specify performance criteria.

(1999 Code, sec. 153.064)

§ 14.02.176 Sexually oriented businesses.

Purpose and intent.

Adoption of preamble.

The findings contained in the preamble of this section are determined to be true and correct and are adopted as a part of this section.

Purpose and intent.

Findings.

Offering and providing private or semi-private areas in sexually oriented businesses encourages such sexual activities, which creates unhealthy conditions.

As of December 31, 2001, there have been 57,199 reported cases of AIDS in the State of Texas.

Since the early 1980s and to the present, there has been an increasing cumulative number of persons testing positive for the HIV antibody in some Texas counties.

According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.

(O)

Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view “sexually oriented” films.

(P)

Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect substantial governmental concerns.

There is no constitutional right for sexually oriented business employees in a state of nudity to touch customers. (Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995))

The findings noted in subsections (A) through (BB) raise substantial governmental concerns.

(DD)

It is reasonably believed by the city council that the general welfare, health, and safety of the citizens of the city will be promoted by the enactment of this section.

Definitions.

Unless otherwise expressly stated, the following terms shall, for the purposes of this section, have the meanings indicated in this section.

Applicant.

A person or persons listed as such on an application for a license as a sexually oriented business.

Business days.

The days of the week from Monday through Friday, excluding legal holidays.

Chief of police.

Church.

Conviction or convicted.

A finding of guilty by a court, regardless of whether an appeal is pending.

Customer.

Any person who:

Is allowed to enter a sexually oriented business whether or not a payment of an admission fee or any other form of consideration or gratuity is charged;

Enters a sexually oriented business and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or

Licensed day care center.

Is a member of and on the premises of a sexually oriented business operating as a private club.

Day.

Unless otherwise indicated, calendar days.

Employee.

Escort.

Escort agency.

A person or business association that furnishes, offers to furnish or advertises to furnish escorts as its principal business purpose, for a fee, tip or other consideration.

Licensee.

Nude model business.

Nudity or a state of nudity.

The appearance of a human bare buttock, vulva, anus, anal cleft with less than a full opaque covering, male genitals, female genitals or female breast; or

Operates or causes to be operated.

Operator.

An individual, proprietorship, partnership, corporation, association or other legal entity.

Premises.

Principal.

Regularly.

Featuring, promoting, permitting to occur or advertising a happening or occurrence on a recurring basis.

Residential district.

A residentially zoned district. For purposes of this section, a “residential use” may exist even in the absence of a corresponding “residential district.”

Residential use.

A single-family, townhouse, duplex, mobile home or multifamily use.

Sexual encounter center.

A commercial establishment to which the public is permitted or invited, which offers for any form of consideration:

Physical contact in the form of specified sexual activities between persons of the same or opposite sex;

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity; or

Sexually oriented arcade.

Sexually oriented bookstore, sexually oriented novelty store, or sexually oriented video store.

Sexually oriented business.

The term “sexually oriented business” shall not be construed to include:

Any business operated by or employing a licensed physician or licensed chiropractor engaged in practicing the healing arts;

Any retail establishment whose principal business is the offering of wearing apparel for sale to customers and that does not exhibit merchandise on live models; or

An activity conducted or sponsored:

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

Sexually oriented cabaret.

Any activity conducted or sponsored by an entity identified in subsections (i) or (ii) above must be situated inside a structure so that they are not visible to the general public.

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

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

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

A nightclub, bar, restaurant or similar commercial establishment which regularly has:

Persons who appear in a state of nudity;

Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or

Sexually oriented motel.

A hotel, motel or similar commercial establishment which:

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

Sexually oriented motion-picture theater.

Sexually oriented theater.

Human genitals in a state of sexual arousal or simulated to be in a state of sexual arousal, even if completely and opaquely covered; or

Any of the following, or any combination of the following, when less than completely and opaquely covered:

Any human genitals, pubic region, or pubic hair;

Any buttock; or

Specified sexual activities.

Any portion of the female breast or breasts that is situated below a point immediately above the top of the areola.

Includes any of the following:

The fondling or other erotic touching of another’s or one’s own human genitals, pubic region, pubic hair, perineum, buttocks, anus or female breasts;

Sex acts, actual or simulated, including intercourse, oral copulation, sodomy or bestiality;

Masturbation, actual or simulated, of oneself or another; or

Transfer of ownership or control of a sexually oriented business.

Excretory functions as part of or in connection with, any of the activities set forth in subsections (1) through (3) above.

Includes any of the following:

The sale, lease, or sublease of the business;

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

The change of the name of the business.

Location of sexually oriented businesses.

Location.

A person commits an offense if he establishes, operates or causes to be operated or expanded a sexually oriented business within 1,000 feet of:

A church;

A public or private elementary or secondary school;

A boundary of a residential district;

A licensed day care center;

A public park; or

The property line of a lot devoted to a residential use as defined in this section.

A person commits an offense if he establishes, operates or causes to be operated or expanded a sexually oriented business within 1,000 feet of any other sexually oriented business.

Nonconforming sexually oriented business.

A person commits an offense if the person increases, enlarges, extends, alters or causes to be increased, enlarged or extended or altered the premises of a nonconforming sexually oriented business.

License for sexually oriented business.

License required.

A person commits an offense if the person operates or causes to operate a sexually oriented business without a valid license, issued by the city for the particular type of business.

The applicant must be qualified according to the provisions of this section.

The fact that a person possesses other types of state or city permits does not exempt that person from the requirement of obtaining a license for a sexually oriented business.

The provisions of this section shall apply to any existing sexually oriented businesses described as nonconforming in subsection (c)(2) above.

License issuance and grounds for denial.

The location of the sexually oriented business is or would be in violation of subsection (c) of this section.

The applicant failed to supply all of the information requested on the application.

The applicant gave false, fraudulent or untruthful information on the application.

An applicant is under eighteen (18) years of age.

An applicant or an applicant’s spouse is overdue in payment to the city of taxes, fees, fines or penalties assessed against or imposed upon the applicant or the applicant’s spouse.

The license fee required by this section has not been paid.

An applicant or an applicant’s spouse has been convicted or placed on deferred disposition, probation, or community supervision for:

Any offense under the laws of the United States of America, another state or the Uniform Code of Military Justice for an offense described in this subsection; or

Any of the below offenses of the state or criminal attempt, conspiracy, or solicitation to commit same:

Any of the following offenses in Texas Penal Code, cha. 43:

Prostitution;

Promotion of prostitution;

Aggravated promotion of prostitution;

Compelling prostitution;

Obscenity;

Sale, distribution or display of harmful material to a minor;

Sexual performance by a child;

Possession of child pornography;

Any of the following offenses in chapter 21 of the Texas Penal Code:

Public lewdness;

Indecent exposure;

Indecency with a child;

Sexual assault or aggravated sexual assault, chapter 22, Texas Penal Code; or

Incest, solicitation of a child or harboring a runaway child as described in chapter 25 of the Texas Penal Code;

Any of the following offenses in chapter 19 of the Texas Penal Code:

Murder or attempt to commit murder[;]

Capital murder or attempt to commit capital murder[;]

Solicitation of capital murder[;]

Any of the following offenses in chapters 20 and 20A, Texas Penal Code:

Kidnapping[;]

Aggravated kidnapping[;]

Smuggling of persons[;]

Trafficking of persons[;]

For which:

The applicant or the applicant’s spouse is required to register as a sex offender under the provisions of chapter 62 of the Texas Code of Criminal Procedure.

The applicant failed to comply with any of the requirements of section 243.0075 of the Texas Local Government Code regarding the posting of an outdoor sign.

The applicant failed to obtain all other permits, certificates and licenses required from the city, county, state or federal government to open and operate the business.

The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the sexually oriented business.

The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business, so that it is visible to the public at all times and may be easily read.

Inspection and maintenance of records.

The licensee or operator of a sexually oriented business shall maintain all records required to be maintained under the provisions of this section on the licensed premises.

The licensee or operator of a sexually oriented business commits an offense if the person does not maintain the required records on the premises of the licensed establishment.

Expiration and renewal of license.

Each license shall expire one year after the date of issuance.

Suspension.

On one (1) or more occasions within any twelve-month period of time been cited for a violation of subsections (f)(2)–(4) or any of the provisions of subsection (e) of this section;

Been convicted or placed on deferred disposition or probation for the violations; and

The chief of police determines that notice of the citations has been sent to the licensee in accordance with subsection (g)(2) of this section; or

On one (1) or more occasions within any twelve-month period of time been cited for a violation of subsection (d)(3) of this section;

Been convicted or placed on deferred disposition or probation for the violations; and

The chief of police determines that notice of the citations has been sent to the licensee in accordance with subsection (g)(2) of this section; or

Been cited for any combination of offenses under subsections (i) or (ii) above that total five (5) within any twelve-month period of time;

Been convicted or placed on deferred disposition or probation for the violations; and

It shall be an affirmative defense to the suspension authorized under subsection (d)(5)(A) if such licensee shows by a preponderance of the evidence that it was powerless to prevent such violations.

Each day in which a violation is permitted to continue shall constitute a separate violation for purposes of suspension.

Grounds for revocation.

The chief of police may revoke a sexually oriented business license:

If a cause of suspension in subsection (d)(5) occurs and the license has been ordered suspended by the chief of police for a thirty-day period within the preceding year; or

Any of the following offenses described in cha. 43, Texas Penal Code:

Prostitution;

Promotion of prostitution;

Aggravated promotion of prostitution;

Compelling prostitution;

Obscenity;

Sale, distribution or display of harmful material to a minor;

Sexual performance by a child;

Possession of child pornography;

Any of the following offenses as described in cha. 21, Texas Penal Code:

Public lewdness;

Indecent exposure;

Indecency with a child;

Sexual assault or aggravated sexual assault. cha. 22 Texas Penal Code;

Incest, solicitation of a child or harboring a runaway child as described in chapter 25 of the Texas Penal Code;

Any of the following offenses in chapter 19 of the Texas Penal Code:

Murder or attempt to commit murder[;]

Capital murder or attempt to commit capital murder[;]

Solicitation of capital murder[;]

Any of the following offenses in chapters 20 and 20A, Texas Penal Code:

Kidnapping[;]

Aggravated kidnapping[;]

Smuggling of persons[;]

Trafficking of persons[;]

If a licensee or operator gave false or misleading information in the material submitted to the chief of police during the application process;

If a licensee or operator has knowingly allowed possession, use or sale of a controlled substance on the premises;

If a licensee or operator has on one (1) or more occasions knowingly allowed prostitution on the premises;

If a licensee or operator knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended;

If a licensee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes or sales taxes related to the sexually oriented business;

If the licensee is required to register as a sex offender under the provisions of chapter 62 of the Texas Code of Criminal Procedure.[;]

If a license is transferred in violation of subsection (d)(9)(A).

The fact that a conviction is being appealed shall have no effect on the revocation of the license.

Denial, suspension and revocation procedures.

The notice shall state the reason for such denial, suspension, or revocation.

In making a determination of the suspension of a license under subsection (d)(5) of this section, the board of adjustments shall consider:

Whether the required number of citations under subsection (d)(5)(A)(i), (ii), or (iii) were issued to the licensee, operator, or employee of the licensee within a twelve-month period of time;

Whether notice of such citations was sent to the proper sexually oriented business in compliance with subsection (g)(2) of this section;

Whether the licensee, operator, or employee of the licensee was convicted or placed on deferred disposition or probation for the citations; and

Whether licensee was powerless to prevent violations.

In making a determination of the revocation of a license under subsection (d)(6)(A)(i) of this section, the board of adjustments shall consider:

Whether the required number of citations under subsection (d)(5)(A)(i), (ii), or (iii) were issued to the licensee, operator, or employee of the licensee within a twelve-month period of time;

Whether notice of such citations was sent to the proper sexually oriented business in compliance with subsection (g)(2) of this section;

Whether the licensee, operator, or employee of the licensee was convicted or placed on deferred disposition or probation for the citations; and

Whether the license at issue has been ordered suspended for a thirty-day period of time pursuant to subsection (d)(8)(B)(i) of this section within the preceding twelve-month period of time.

The failure to submit an application for renewal at least thirty (30) days prior to the expiration of a current license is automatic grounds for denial and is considered a failure to renew.

Period of suspension or revocation.

The revocation of a license as provided for in subsection (d)(6) of this section shall be for a period of twelve (12) months.

The suspension of a license as provided for in subsection (d)(5) of this section shall be as follows:

The second suspension of a license shall be for a period of sixty (60) calendar days.

The penalty for a third incident justifying suspension shall be revocation of the license.

Transfer of license.

A person commits an offense if the person counterfeits, forges, changes, defaces or alters a license.

Additional regulations.

Additional regulations for sexually oriented cabaret.

An employee of a sexually oriented cabaret, while appearing in a state of nudity, commits an offense if the employee touches a customer or the clothing of a customer.

A customer at a sexually oriented cabaret commits an offense if the customer touches an employee appearing in a state of nudity or the clothing of an employee appearing in a state of nudity.

A person commits an offense if the person employs at a sexually oriented cabaret any person under the age of eighteen (18) years.

Additional regulations for escort agencies.

A person commits an offense if the person employs at an escort agency any person under the age of eighteen (18) years.

A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years.

Additional regulations for nude model businesses.

A person commits an offense if the person employs at a nude model business any person under the age of eighteen (18) years.

A person under the age of eighteen (18) years commits an offense if the person appears in a state of nudity in or on the premises of a nude model business.

An employee of a nude model business, while appearing in a state of nudity, commits an offense if the employee touches a customer or the clothing of a customer.

A customer at a nude model business commits an offense if the customer touches an employee or the clothing of an employee while the employee is appearing in a state of nudity.

An employee of a nude model business commits an offense if that employee allows, asks, directs, or suggests that a customer disrobe to a state of nudity.

Additional regulations for sexually oriented theaters and sexually oriented motion-picture theaters.

Sexually oriented theaters and sexually oriented motion-picture theaters shall also comply with the requirements of subsection (e)(5) of this section.

Regulations pertaining to exhibition of sexually explicit films, photographs, pictures or videos.

The application shall be sworn to be true and correct by the applicant.

No alteration in the configuration or location of a manager’s station may be made without the prior approval of the chief of police.

The licensee commits an offense if the licensee permits a manager’s station to be unattended by an employee at any time a customer is present on, in or about the premises.

The licensee commits an offense if the licensee permits a customer access to any area of the premises that is not visible from the manager’s station for any purpose, excluding restrooms.

The licensee commits an offense if the licensee permits illumination of any area of the premises to which customers have access to be less than five (5.0) footcandles as measured at the floor level.

No viewing room or booth of less than 150 square feet of floor space shall be occupied by more than one (1) person at any time.

No licensee shall allow openings or holes of any kind to exist between adjacent or adjoining viewing rooms or booths.

No person shall make or attempt to make an opening or hole of any kind between adjacent or adjoining viewing rooms or booths.

The licensee shall, during each business day, regularly inspect the walls of all viewing rooms or booths to determine if any openings or holes exist.

Live entertainment is prohibited in any viewing room or booth of less than 500 square feet of floor space, as well as any other room adjacent to or visible from any viewing room or booth.

It is a defense to prosecution under subsections (xvi) and (xvii) of this section if the person was in a restroom not open to public view or persons of the opposite sex.

A person having a duty under subsection (i) through (xviii) of subsection (A) herein commits a misdemeanor if he or she knowingly fails to fulfill that duty.

Additional regulations pertaining to sexually oriented bookstores, sexually oriented novelty stores and sexually oriented video stores.

A person who operates or causes to be operated a sexually oriented bookstore, sexually oriented novelty store or sexually oriented video store shall comply with the following requirements:

An application for a sexually oriented business license shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram shall be oriented to the north, or to some designated street or object, and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches (6"). The chief of police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since the previously submitted diagram was prepared.

The application shall be sworn to be true and correct by the applicant.

No alteration in the configuration or location of a manager’s station may be made without the prior approval of the chief of police.

The licensee commits an offense if the licensee permits a manager’s station to be unattended by an employee at any time a customer is present on, in, or about the premises.

The licensee commits an offense if the licensee permits a customer access to any area of the premises that is not visible from the manager’s station for any purpose, excluding restrooms.

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than twenty (20.0) footcandles as measured at the floor level.

No viewing room or reading room may be occupied by more than one (1) person at any time.

No licensee shall allow openings or holes of any kind to exist between adjacent or adjoining viewing rooms or booths or reading rooms or booths.

No person shall make or attempt to make an opening or hole of any kind between adjacent or adjoining viewing rooms or booths or reading rooms or booths.

The licensee shall, during each business day, regularly inspect the walls of all viewing rooms or booths and reading rooms or booths to determine if any openings or holes exist.

Live entertainment is prohibited in any viewing room or booth and any reading room or booth as well as any other room adjacent to or visible from any reading or viewing room or booth.

It is a defense to prosecution under subsections (xvi) and (xvii) of this section if the person was in a restroom not open to public view or persons of the opposite sex.

A person having a duty under subsections (i) through (xviii) of subsection (A) herein commits a misdemeanor if he or she knowingly fails to fulfill that duty.

Miscellaneous.

Hours of operation.

Prohibition against children in a sexually oriented business.

Additional regulations concerning public nudity.

It is an offense if an employee, while in a state of nudity, touches a customer or the clothing of a customer.

It is an offense if a customer touches an employee appearing in a state of nudity or clothing of the employee.

Conspicuous signage and markings required.

Enforcement.

Violation a misdemeanor.

Notice of violation.

(Ordinance 677 adopted 11/5/12)

§ 14.02.177 Noise.

License required.

Definitions.

Annual license.

Only where events are the same type and venue, held on a regular basis (e.g., business has a similar performer every Saturday night).

One-time license.

Venues with a single performance, or varying venues (must apply for separate permits).

Licensing procedure.

The license fee shall be as provided in section A14.02.177 of the fee schedule in appendix A to this code.

The license application shall include:

The name of the establishment.

The address or addresses where the licensee’s activity will take place.

The license shall be issued prior to any performance in the establishment.

Annual license shall be valid for one year, unless revoked earlier as set forth herein.

Licensees shall keep all information in the license application current and shall notify the city of any change of venue or performance type in said information.

Licenses are nonassignable.

Establishment requirements.

Penalties.

(Ordinance 716 adopted 3/23/15)

§ 14.02.178 Barriers.

(1999 Code, sec. 153.067)

§ 14.02.179 Display of sexually explicit material to minors.

Human sexual intercourse, masturbation, or sodomy;

Fondling or other erotic touching of human genitals, buttocks, or female breasts;

Less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola; or

Human male genitals in a discernibly turgid state, whether covered or uncovered.

In this section, “display” means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:

It is available to the general public for handling and inspection; or

The cover or outside packaging of the item is visible to members of the general public.

In this section, “person” means an individual, corporation, or association.

(1999 Code, sec. 153.068)

§ 14.02.180 Recreational vehicle parks.

Purpose.

The city council finds that properly planned and operated recreational vehicle communities (RV parks):

Promote the safety and health of the residents of such communities and of other nearby communities, and

Applicability.

This section shall apply to any recreation vehicle park (RV park) to be located within the city limits.

Code compliance inspector.

Definitions.

Accessory structure.

Any structural addition to the RV, including awnings, cabanas, carports, garages, porches, storage cabinets, storage sheds, and similar appurtenant structures.

City.

The City of Giddings, Texas.

The official of the city or his/her designee charged with the enforcement of the provisions of this section.

Code compliance official.

The official of the city responsible for the inspection of electrical, mechanical, and plumbing associated with a property.

Controlling interest.

A person or developer who controls at least fifty-one percent (51%) of ownership.

Full-time employee.

A person who is responsible for maintenance of the RV park seven (7) days per week.

Licensee or agent.

A person who may or may not own the RV park but is [the] person responsible for the day-to-day operations including records and license of the park.

Recreational vehicle or RV.

Recreational vehicle park or RV park.

Recreational vehicle space or RV space.

That part of a lot or area in an RV park that has been reserved for the placement of one RV.

License.

Required.

License fee.

The license fee shall be as provided in section B14.02.180 of the fee schedule in appendix B to this code.

Hearing on denial.

Application for renewal.

Approval of transfer.

Transfer fee.

The license transfer fee shall be as provided in section B14.02.180 of the fee schedule in appendix B to this code.

Suspension.

The suspension of the license may be appealed to the city council as set forth in subsection (f)(1)(F)(ii) (notices, hearings, and orders).

Inspections.

Authorized.

The code compliance office[r] is hereby authorized to make such inspections as are necessary to determine compliance with this section.

Entry on premises.

Notices, hearings, and orders.

Notice of violation.

Be in writing.

Include a statement of the reasons for its issuance.

Allow ten (10) days for compliance.

Contain an outline of remedial action that, if taken, will effect compliance with the provisions of this section.

After all procedures outlined above are exhausted citations may be issued. If the city mails a notice to a property owner in accordance with subsection (f); and

The United States postal service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered as delivered.

Appeal from notice.

Issuance of order.

Order without notice.

Violations declared nuisance; abatement; penalty.

Site development plan.

Location and fencing.

A privacy fence at least six (6) feet in height must be placed on the property line adjoining any residence (R-1, R-2, and R-3) residences to buffer the RV park from view.

Size and density.

Each RV park must have a minimum size of three (3) acres. The maximum site density for RV parks shall be no more than twenty (20) spaces per acre. Only one RV is permitted per each RV space.

Size of individual RV spaces; pad requirements; landscaping.

The left side (10' x 64') of the RV space or driver’s side must be planted with grass and other landscaping.

The middle (12' x 64') must utilize a material that is hard-surface[,] dust-free. The middle portion is to be used for the parking of the RV.

Street access; street lighting.

Adequate street lighting for the RV park shall be approved by the city.

Required facilities.

Soil and ground cover.

Exposed ground surfaces used for any roadway in all parts of the RV parks shall be covered with a hard-surface[,] dust-free material to eliminate dust. All roadways shall be kept in good repair.

Area designated for RV parks.

The area designated for the placement of recreational vehicle parks within the city limits shall be established per zoning requirements.

Drainage.

(q)

Water supply.

The water supply system, fixtures and other equipment must be installed in accordance with applicable codes adopted by the city.

A master water meter shall be installed to serve the RV park. Sub-metering or re-metering of RV sites is not permitted.

Water riser service branch lines shall extend at least four (4) to six (6) inches above ground elevation. The branch line shall be at least 3/4 inch.

Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes. Surface drainage shall be diverted from the location of utility connections at each site.

A ball valve shut-off valve below the frost line shall be provided near each water riser pipe.

The owner/operator shall have complete maintenance responsibility for the water system within the RV park.

The city has no maintenance responsibility for service lines within the RV park. The responsibility of the city stops at the property line.

(r)

Wastewater facilities.

The wastewater system and materials must be installed in accordance with applicable codes adopted by the city.

The wastewater connection to each site shall consist of a single four-inch service line without any branch lines, fittings, or connections. All joints shall be watertight.

Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four (4) to six (6) inches above the ground elevation.

Each collection wastewater line shall provide a vent extending a minimum of ten (10) feet in height.

The owner/operator shall have complete maintenance responsibility for the wastewater system within the RV park. The responsibility of the city stops at the property line.

All chemicals entering the city sewer shall be biodegradable.

(s)

Electrical service.

All electrical conductors shall be install[ed] as per the current electrical code adopted be [by] the city, and with any adopted amendments.

A master electric meter shall be installed to serve the RV park. Sub-metering or re-metering of RV sites is not permitted.

The city has no maintenance responsibility for service lines within the RV park. The responsibility of the city stops at the property line.

The location of all underground lines shall be clearly marked by surface signs at approved intervals.

Power supply to each site shall be a minimum of one 20-amp receptacle, one 30-amp receptacle, and one 50-amp power supply.

Outlets (receptacles or pressure connectors) shall be housed in an Underwriters’ Laboratories, Inc., approved weatherproof outlet box.

A watertight seal shall be provided for underground conduit in floodplain installations and a riser extending a minimum of two (2) feet above the floodplain elevation shall be provided.

(t)

Sanitary facilities.

If the RV park provides sanitary facilities, the following requirements apply:

One (1) wash basin shall be provided within the toilet room for every two (2) toilets or fraction thereof (a minimum of one (1) is required).

All toilets and shower facilities shall be placed in properly constructed buildings and located not more than two hundred (200) feet from any RV space.

The floors shall be of concrete or other impervious material, elevated not less than four (4) inches above grade, and each room shall be provided with floor drains.

Storage, collection, and disposal of refuse and garbage.

Accessory structures.

The individual spaces within the RV park are not allowed to have accessory structures as defined herein.

(w)

Registration of guests.

Each person renting a space within a RV park shall provide the following information to the owner, manager, operator or person in charge of the RV park:

Name;

Full address of permanent residence;

Automobile and recreational vehicle license plate number and the state in which each is registered;

Driver’s license number of the owner;

The number or letter of the site being rented; and

Date of arrival and departure.

Control of insects, rodents and other pests.

The RV park owner or manager shall be responsible for maintaining the entire area of the park free of dry brush, leaves, limbs and weeds.

(y)

Fire safety standards; fire hydrants.

Open fires shall be allowed only in a manner and within a container approved by the city fire marshal.

A fire hydrant(s) must be placed such that each recreational vehicle site is at least six hundred (600) feet from one.

(z)

Permanent occupancy prohibited.

(aa)

Existing recreational vehicle parks (RV) parks.

(bb)

Existing manufactured mobile home parks.

Same shall apply to an RV to be located within the city limits. Only RV’s shall be allowed in an RV park. No manufactured mobile home shall be permitted in a RV park.

(cc)

Effective date.

This section shall be in full force and effect from and after the date of its passage.

(dd)

Minor deviations.

(Ordinance 833 adopted 10/30/17)

§ 14.02.231 Off-street parking requirements.

Purpose.

Applicability.

These regulations shall apply in any of the following circumstances:

Any building, improvement, or use of land approved or erected after December 18, 1995, shall include the necessary off-street parking spaces that this section requires.

Minimum number of off-street spaces required.

Except as set forth in section 14.02.231(a) and (b), all land use activities shall be governed by the off-street parking requirements as described in section 14.02.234.

Shared parking.

Uses may join in establishing shared parking areas, provided that each of the following qualifications are met:

The code compliance officer and the planning and zoning commission shall both specifically approve the shared parking plan.

All off-site shared parking shall also be required to be in conformance with all of the provisions found in subsection (e) below.

Proximity.

Off-street parking dimensions.

Parking spaces shall be designed and constructed on the basis of the following standards:

Ninety-degree angle parking.

Sixty-degree angle parking.

Forty-five-degree angle parking.

Parking area standards.

Surface and drainage.

All parking areas shall be paved in accordance with the city municipal specifications provided by the code compliance official. In addition, all parking areas shall allow for sufficient drainage.

Maintenance.

All parking areas shall be continually maintained in a satisfactory condition so as to be safe and attractive and free of any hazard, nuisance, or other unsafe condition.

Lighting.

To prevent nuisance situations, all parking area lighting shall be designed and operated so as not to reflect or shine intrusively on adjacent properties.

Parking space identification marking.

Headlight beam barriers.

Planned unit developments or mixed-use developments.

Parking lot design.

Lighting.

Accessibility.

All parking spaces shall be accessible at all times from a street, aisle, or driveway intended to serve such off-street parking.

Special requirements for automotive retail sales.

The entire surface of the lot upon which such vehicles are displayed for sale shall be paved, and shall be graded to drain properly.

Requirements for off-street physically handicapped parking.

Spaces for the handicapped and physically impaired shall be provided in accordance with federal and state laws.

Adjustments.

No reduction below requirements.

(1999 Code, sec. 153.080; Ordinance 588, sec. 2, adopted 11/7/05)

§ 14.02.232 Off-street loading and storage requirements.

Purpose.

Application.

Where such loading space is adjacent to a residential district, the space shall be enclosed and screened from such district on three sides.

Loading spaces shall have a minimum dimension of 12 feet by 30 feet, and shall not interfere with public right-of-way or emergency vehicle operations.

Number of off-street loading spaces or berths required.

Off-street loading shall be in conformance with the standards in the tables below:

Required off-street loading spaces for retail, commercial, and industrial land uses.

Required Off-Street Loading Spaces for Retail, Commercial, and Industrial Uses
Square Feet of Gross Floor Area	Minimum Required Spaces or Berths
0 to 5,000	None
5,001 to 50,000	1
50,001 to 100,000	2
100,001 to 200,000	3
Each additional 100,000	1 additional

Required off-street loading spaces for hotels, office buildings, restaurants, and similar establishments.

Required Off-Street Loading Spaces for Hotels, Office Buildings, Restaurants, and Similar Establishments
Square Feet of Gross Floor Area	Minimum Required Spaces or Berths
0 to 5,000	None
5,001 to 20,000	1
20,001 to 150,000	2
150,001 to 300,000	3
300,001 to 500,000	4
500,001 to 1,000,000	5
Each additional 100,000	1 additional

Location.

All off-street loading spaces shall be located at the side or rear of the building. No loading space may be in a designated fire lane.

Surface and drainage.

Maintenance.

All off-street loading areas shall be continually maintained in a satisfactory condition so as to be safe and attractive and free of any hazard, nuisance, or other unsafe condition.

Adjustments.

For a use or a site subject to approval by the planning and zoning commission either as a planned unit development, mixed-use development or as a conditional use, the minimum requirements of this section may be adjusted in order to improve the safety, efficiency, usability, attractiveness, and protection to adjoining land uses in a manner equal to or greater than the specific requirements of this section.

(1999 Code, sec. 153.081)

§ 14.02.233 Ingress and egress requirements for parking lots.

Entrance and exit widths.

One-way entrances and exits.

Drives shall be a minimum of 12 feet wide and no greater than 25 feet wide at the property line.

Two-way entrances and exits.

Drives shall be a minimum of 25 feet wide and no greater than 45 feet wide at the property line.

Curb return radii.

Public safety.

The city engineer is empowered to regulate the number and location of ingress and egress points on a site in order to ensure public safety.

Relationship to intersections.

The minimum location of entrances and exits to parking lots shall not be less than 20 feet from an intersection so as to minimize traffic interference.

Adjustments.

For a use or a site subject to approval by the planning and zoning commission either as a planned unit development, mixed-use development or as a conditional use, the minimum requirements of this section may be adjusted in order to improve the safety, efficiency, usability, attractiveness, and protection to adjoining land uses in a manner equal to or greater than the specific requirements of this section.

(1999 Code, sec. 153.082)

§ 14.02.234 Parking area requirements matrix.

Parking Area Requirements
Accessory buildings	Not applicable
Accountants	1 space per 300 sq. ft. of gross floor area
Advertising agencies	1 space per 300 sq. ft. of gross floor area
Air compressors	1 space per 300 sq. ft. of gross floor area
Air conditioning parts and service	1 space per 300 sq. ft. of gross floor area
Airline ticket agencies	1 space per 300 sq. ft. of gross floor area
Alcoholic beverage (liquor) store	1 space per 200 sq. ft. of gross floor area
Alterations, clothing	1 space per 300 sq. ft. of gross floor area
Ambulance service	1 space per 400 sq. ft. of gross floor area
Antique shops and dealers	1 space per 300 sq. ft. of gross floor area
Apartments	1.33 spaces per 1-bedroom units, 1.66 spaces per 2-bedroom units, 2 spaces per each 3-bedroom units, plus 15% of the total completed number for guest parking
Apartment rental agencies	1 space per 300 sq. ft. of gross floor area
Appliance dealers	1 space per 200 sq. ft. of gross floor area
Architects	1 space per 300 sq. ft. of gross floor area
Art galleries and dealers	1 space per 300 sq. ft. of gross floor area
Artist studios	1 space per 300 sq. ft. of gross floor area
Arts and crafts supplies	1 space per 300 sq. ft. of gross floor area
Attorneys	1 space per 300 sq. ft. of gross floor area
Auction house	1 space for every 4 seats
Auto body painting	1 space per 300 sq. ft. of gross floor area
Auto body repair	1 space per 300 sq. ft. of gross floor area
Auto cleanup and detail service	1 space per 300 sq. ft. of gross floor area
Auto dealers, new vehicles	1 space per 300 sq. ft. of gross floor area plus 4 additional spaces per each service bay
Auto dealers, used vehicles	1 space per 300 sq. ft. of gross floor area plus 4 additional spaces per each service bay
Auto engine repair	1 space per 300 sq. ft. of gross floor area
Auto muffler shop	1 space per 300 sq. ft. of gross floor area
Auto parts and supplies	1 space per 300 sq. ft. of gross floor area
Auto rental and leasing	1 space per 300 sq. ft. of gross floor area
Auto seat covers, tops, and upholstery	1 space per 300 sq. ft. of gross floor area
Auto service stations	2 spaces per bay plus 2 stacking spaces per pump
Auto wheel and brake service	1 space per 300 sq. ft. of gross floor area
Auto wrecker service	1 space per 300 sq. ft. of gross floor area
Auto undercoating and rustproofing	1 space per 300 sq. ft. of gross floor area
Automatic teller machine	2 spaces per walk-up and 2 stacking spaces per drive-up
Bait and tackle shops	1 space per 300 sq. ft. of gross floor area
Bakers, retail	1 space per 300 sq. ft. of gross floor area
Bakers, wholesale	1 space per 300 sq. ft. of gross floor area
Banks or financial services	1 space per 400 sq. ft. of gross floor area
Barbers and beauty salons	1 space per 300 sq. ft. of gross floor area
Bars	1 space per 300 sq. ft. of gross floor area
Battery (car and boat) shop	1 space per 300 sq. ft. of gross floor area
Bed and breakfast	1 space per bedroom
Bicycle sales and service	1 space per 300 sq. ft. of gross floor area
Billiard parlor	1 space per 200 sq. ft. of gross floor area
Bingo parlor	1 space per every 4 seats
Boat engine repair and service	1 space per 300 sq. ft. of gross floor area
Boat equipment and supplies	1 space per 300 sq. ft. of gross floor area
Boat sales	1 space per 300 sq. ft. of gross floor area
Book dealers, retail	1 space per 300 sq. ft. of gross floor area
Bowling alleys	1 space per 200 sq. ft. of gross floor area
Building material sales	1 space per 200 sq. ft. of gross floor area
Cabinet makers and millwork shops	1 space per 400 sq. ft. of gross floor area
Cafes	1 space per 100 sq. ft. of gross floor area
Candy and confection, retail	1 space per 300 sq. ft. of gross floor area
Carpet and rug dealers	1 space per 300 sq. ft. of gross floor area
Caterers	1 space per 100 sq. ft. of gross floor area
Cellular communications tower	1 service parking space
Cemetery or mausoleum	1 space per every 50 grave sites
Child care and day nurseries	1 space per 200 sq. ft. of gross floor area
Chiropractors	1 space per 300 sq. ft. of gross floor area
Church or place of worship	1 space per each 4 seats in the primary auditorium
Civic club or fraternal organization	1 space per 200 sq. ft. of gross floor area
Clothing store	1 space per 300 sq. ft. of gross floor area
Coin dealers	1 space per 300 sq. ft. of gross floor area
Commercial garage	2 spaces per each service stall
Commercial parking lot	Not applicable
Computer sales and service	1 space per 300 sq. ft. of gross floor area
Condominium	1.33 spaces per 1-bedroom unit, 1.66 spaces per 2-bedroom units, 2 spaces per each 3-bedroom units, plus 15% of the total computed number for guest parking
Contractors	1 space per 300 sq. ft. of gross floor area
Convenience stores	1 space per 200 sq. ft. of gross floor area
Copy and duplicating services	1 space per 200 sq. ft. of gross floor area
Dance halls	1 space per 100 sq. ft. of gross floor area
Dance instruction	1 space per 300 sq. ft. of gross floor area
Delivery services	1 space per 300 sq. ft. of gross floor area
Dental laboratories	1 space per 400 sq. ft. of gross floor area
Dentists	1 space per 300 sq. ft. of gross floor area
Department stores	1 space per 200 sq. ft. of gross floor area
Dinner theater	1 space per 100 sq. ft. of gross floor area
Discount stores	1 space per 300 sq. ft. of gross floor area
Doctor’s office	1 space per 300 sq. ft. of gross floor area
Domestic animal grooming	1 space per 300 sq. ft. of gross floor area
Domestic animal training schools	1 space per 300 sq. ft. of gross floor area
Domestic waste recycling center	1 space per employee plus 2 stacking spaces
Dressmaking	1 space per 300 sq. ft. of gross floor area
Drive-ins (prepared food)	1 space per 300 sq. ft. of gross floor area
Druggists	1 space per 300 sq. ft. of gross floor area
Dry cleaners (pickup only)	1 space per 300 sq. ft. of gross floor area plus 2 stacking spaces per drive-up
Electrical equipment and supplies, retail	1 space per 300 sq. ft. of gross floor area
Electrical equipment and supplies, wholesale	1 space per 300 sq. ft. of gross floor area
Electronic, retail, sales and service	1 space per 300 sq. ft. of gross floor area
Electronics manufacturers	1 space per every 2 employees
Employment agencies	1 space per 300 sq. ft. of gross floor area
Engine repair	1 space per 300 sq. ft. of gross floor area
Engineers	1 space per 300 sq. ft. of gross floor area
Exterminators and pest control	1 space per 300 sq. ft. of gross floor area
Fabric shops	1 space per 300 sq. ft. of gross floor area
Farm	2 spaces
Fish and seafood, retail	1 space per 300 sq. ft. of gross floor area
Florists without greenhouses	1 space per 300 sq. ft. of gross floor area
Florists with greenhouses	1 space per 300 sq. ft. of gross floor area
Four-family residence	See “Apartments” above
Frozen food lockers	1 space per 300 sq. ft. of gross floor area
Furniture sales	1 space per 300 sq. ft. of gross floor area
Funeral home, mortuary	1 space per 200 sq. ft. of gross floor area
Game rooms and billiard parlors	1 space per 100 sq. ft. of gross floor area
Gasoline service station	3 spaces per bay plus 2 stacking spaces per pump
Gift shops	1 space per 300 sq. ft. of gross floor area
Glass sales, tinting and replacement	1 space per 300 sq. ft. of gross floor area
Golf course/country club	As determined by the planning and zoning commission after the site plan review
Gravestone/tombstone sales	1 space per 300 sq. ft. of gross floor area
Greenhouse	1 space per 300 sq. ft. of gross floor area
Grocery and food sales	1 space per 200 sq. ft. of gross floor area
Group home	1 space per every 2 residents
Gunsmiths	1 space per 300 sq. ft. of gross floor area
Handicraft shop	1 space per 300 sq. ft. of gross floor area
Hardware stores	1 space per 300 sq. ft. of gross floor area
Health club	1 space per 200 sq. ft. of gross floor area
Heavy machinery sales	1 space per 600 sq. ft. of gross floor area
Hospice	1 space per bed
Hospitals	1 space per bed
Hotels and motels	1.5 spaces per room
Insurance agencies	1 space per 300 sq. ft. of gross floor area
Interior decorators	1 space per 300 sq. ft. of gross floor area
Janitorial services and supplies	1 space per 300 sq. ft. of gross floor area
Jewelers, retail and repair	1 space per 300 sq. ft. of gross floor area
Kennels, outdoor	1 space per 300 sq. ft. of gross floor area
Keys, locks and locksmith	1 space per 300 sq. ft. of gross floor area
Laundry, self-service	1 space per 300 sq. ft. of gross floor area
Lawn mowers, retail and repair	1 space per 300 sq. ft. of gross floor area
Libraries	1 space per 300 sq. ft. of gross floor area
Limousine service	1 space per each 2 employees
Liquor stores	1 space per 300 sq. ft. of gross floor area
Lounges	1 space per 100 sq. ft. of gross floor area
Lumber sales	1 space per 300 sq. ft. of gross floor area
Machine shops and welding	1 space per 300 sq. ft. of gross floor area
Mailbox rentals	1 space per 300 sq. ft. of gross floor area
Manufactured home	2 spaces
Marriage and family counselors	1 space per 300 sq. ft. of gross floor area
Medical clinics	1 space per 300 sq. ft. of gross floor area
Medical emergency clinics	1 space per 300 sq. ft. of gross floor area
Medical equipment and supplies	1 space per 300 sq. ft. of gross floor area
Mobile home	2 spaces
Mobile home park	2 spaces per pad or dwelling unit space
Monastery or convent	1 space per every 2 residents
Motion picture theater	1 space per every 3 seats
Motorcycle sales and repair	1 space per 300 sq. ft. of gross floor area
Museums	1 space per 300 sq. ft. of gross floor area
Musical instrument dealers	1 space per 300 sq. ft. of gross floor area
Needlework and materials	1 space per 300 sq. ft. of gross floor area
Newsstands	1 space per 300 sq. ft. of gross floor area
Notaries, public	1 space per 300 sq. ft. of gross floor area
Nurseries without greenhouses	1 space per 300 sq. ft. of gross floor area
Nurseries with greenhouses	1 space per 300 sq. ft. of gross floor area
Nursing homes	1 space per every 5 beds
Office buildings (multiple tenants)	1 space per 300 sq. ft. of gross floor area
Office furniture and equipment	1 space per 300 sq. ft. of gross floor area
Office supply stores	1 space per 300 sq. ft. of gross floor area
Optical goods and opticians	1 space per 300 sq. ft. of gross floor area
Optometrists	1 space per 300 sq. ft. of gross floor area
Paint stores, retail	1 space per 300 sq. ft. of gross floor area
Pawnbrokers	1 space per 300 sq. ft. of gross floor area
Personal care home (assisted living)	1 space per every 5 beds
Pet shops, indoor only	1 space per 300 sq. ft. of gross floor area
Pharmacies	1 space per 300 sq. ft. of gross floor area
Photo finishing, retail	1 space per 300 sq. ft. of gross floor area
Photographic studio	1 space per 300 sq. ft. of gross floor area
Physical fitness centers	1 space per 300 sq. ft. of gross floor area
Physicians	1 space per 300 sq. ft. of gross floor area
Picture frames and framing	1 space per 300 sq. ft. of gross floor area
Plant sales, indoor only	1 space per 300 sq. ft. of gross floor area
Private clubs (as per TABC)	1 space per 300 sq. ft. of gross floor area
Private schools	As designated by the planning and zoning commission
Product assembly plants	1 space per every 2 employees
Psychologists and psychotherapists	1 space per 300 sq. ft. of gross floor area
Public use (governmental)	1 space per every 2 employees
Pumps, industrial sales and service	1 space per 300 sq. ft. of gross floor area
Quick lube/oil change	1 space per bay plus 2 stacking spaces per bay
Radio communications equipment, retail	1 space per 300 sq. ft. of gross floor area
Radio/television tower (commercial)	2 service spaces
Real estate agents and brokers	1 space per 300 sq. ft. of gross floor area
Recreational vehicle sales, rental and repair	1 space per 300 sq. ft. of gross floor area
Rental service stores (no heavy equipment)	1 space per 300 sq. ft. of gross floor area
Rental service, commercial and industrial	1 space per 300 sq. ft. of gross floor area
Restaurants	1 space per 100 sq. ft. of gross floor area
Restaurants (delivery and pickup)	1 space per employee plus 4 stacking spaces per drive-up window
Restaurant equipment and supplies	1 space per 300 sq. ft. of gross floor area
Retirement center/community	1.5 spaces per dwelling unit
Satellite receiving antenna (commercial)	1 service space
Secretarial and answering services	1 space per 300 sq. ft. of gross floor area
Sexually oriented business	1 space per 100 sq. ft. of gross floor area
Shoe repair	1 space per 300 sq. ft. of gross floor area
Shopping centers	1 space per 300 sq. ft. of gross floor area
Signs, manufacturing	1 space per 300 sq. ft. of gross floor area
Single-family detached residence	2 spaces
Single-family attached residence	2 spaces
Skating rinks	1 space per 200 sq. ft. of gross floor area
Sporting goods	1 space per 300 sq. ft. of gross floor area
Stables	1 space per every 4 stalls
State vehicle inspection center	1 space per bay plus 2 stacking spaces per bay
Stationery stores	1 space per 300 sq. ft. of gross floor area
Stocks and bonds brokers	1 space per 300 sq. ft. of gross floor area
Storage, auto and boat	1 space per 600 sq. ft. of gross floor area
Swim, pool, and spa sales and supplies	1 space per 300 sq. ft. of gross floor area
Tailor shops	1 space per 300 sq. ft. of gross floor area
Taverns	1 space per 100 sq. ft. of gross floor area
Telephone equipment and sales	1 space per 300 sq. ft. of gross floor area
Tele-video production	1 space per 500 sq. ft. of gross floor area
Theater	1 space per every 3 seats
Tire dealers and service	1 space per 300 sq. ft. of gross floor area
Title companies	1 space per 300 sq. ft. of gross floor area
Townhouse	2 spaces
Travel agencies	1 space per 300 sq. ft. of gross floor area
Truck rental and leasing	1 space per every 2 employees
Trucking company	1 space per 300 sq. ft. of gross floor area
Upholstery shop	1 space per 300 sq. ft. of gross floor area
Variety stores	1 space per 300 sq. ft. of gross floor area
Veterinarians and animal hospitals	1 space per 300 sq. ft. of gross floor area
Video rental stores	1 space per 300 sq. ft. of gross floor area
Wallpapering and wall covering, retail	1 space per 300 sq. ft. of gross floor area
Warehouse	1 space per 400 sq. ft. of gross floor area
Warehouses, office and mini	1 space per 400 sq. ft. of gross floor area
Welding shop	1 space per 300 sq. ft. of gross floor area
Wholesale services	1 space per every 2 employees
Wood products manufacturer	1 space per 400 sq. ft. of gross floor area
Woodwork shops for artisan crafts	1 space per 400 sq. ft. of gross floor area
Zero lot line homes	2 spaces

(1999 Code, sec. 153.083)

§ 14.02.281 Purpose.

(1999 Code, sec. 153.100)

§ 14.02.282 Application and effect.

(1999 Code, sec. 153.101)

§ 14.02.283 Noise.

The characteristics and conditions which should be considered in determining whether an excessive noise violation occurs include but are not limited to the following:

The level of the noise.

Whether the nature of the noise is usual or unusual.

Whether the origin of the noise is natural or unnatural.

The level of the ambient noise.

The proximity of the noise to residences or other sleeping facilities.

The nature and zoning of the area from which the noise emanates and the area where it is received.

The time of day or night the noise occurs.

The duration of the noise.

Whether the noise is recurrent, intermittent, or constant.

The number of citizens complaints concerning noise in the area.

These provisions shall be in addition to any other ordinances or rules of law regulating noise within the city.

“Person” means an individual, corporation, or association.

“Association” means a trust, partnership, or two or more persons having a joint or common economic interest.

(1999 Code, sec. 153.102; Ordinance 590, sec. 2, adopted 12/5/05)

§ 14.02.284 Smoke and particulate matter.

Industrial limits.

No industrial operation or use shall cause, create, or allow the emission of air contaminants which at the emission point or within the bounds of the property are:

State regulations control.

Fugitive dust-particulate control.

(1999 Code, sec. 153.103)

§ 14.02.285 Odorous matter.

(1999 Code, sec. 153.104)

§ 14.02.286 Combustible or explosive and hazardous material.

(1999 Code, sec. 153.105)

§ 14.02.287 Toxic and noxious matter.

(1999 Code, sec. 153.106)

§ 14.02.288 Vibration.

Displacement Limits For Vibration
Frequency Cycles Per Second	Displacement in Inches
0 to 10	.0010
10 to 20	.0007
20 to 30	.0005
30 to 40	.0004
40 and over	.0003

(1999 Code, sec. 153.107)

§ 14.02.289 Glare.

(1999 Code, sec. 153.108)

§ 14.02.290 Stormwater management.

(1999 Code, sec. 153.109)

§ 14.02.291 Water pollution.

(1999 Code, sec. 153.110)

§ 14.02.341 Created; composition; compensation.

(Ordinance 640 adopted 6/21/10)

§ 14.02.342 Commission officers.

(Ordinance 640 adopted 6/21/10)

§ 14.02.343 Meeting of the commission.

The planning and zoning commission shall hold meetings as necessary to conduct the business of the commission. Said meetings shall be open to the public.

(Ordinance 640 adopted 6/21/10)

§ 14.02.344 Rules of operation and records.

The commission shall adopt rules of operation and shall keep a record of its resolutions, transactions, findings and determinations, which shall become items of public record.

(Ordinance 640 adopted 6/21/10)

§ 14.02.345 Commission quorum.

A quorum shall consist of a majority of the membership of the commission, and any issue to be voted upon shall be resolved by a majority of those members present.

(Ordinance 640 adopted 6/21/10)

§ 14.02.346 Responsibilities of the planning and zoning commission.

The comprehensive plan.

Zoning.

Land subdivision and platting.

The commission shall be responsible for the city’s review, and approval or rejection of subdivision plats.

(Ordinance 640 adopted 6/21/10)

§ 14.02.347 Financial support of the commission.

(Ordinance 640 adopted 6/21/10)

§ 14.02.348 Annual report required.

Said report shall include, but shall not be limited to the following:

The status of the city’s comprehensive planning process, including activities directly related to the implementation of the plan.

The number, nature, location, and record of approvals/denials of requests for amendments to this article’s text and map.

The number, nature, location, and record of approvals/denials of requests for conditional use permits.

The number, nature, location, and record of approvals/denials of requests for subdivision plats.

(Ordinance 640 adopted 6/21/10)

§ 14.02.391 Board of adjustment.

(1999 Code, sec. 153.140)

§ 14.02.392 Board officers.

(1999 Code, sec. 153.141)

§ 14.02.393 Meetings of the board.

The board of adjustment shall hold meetings as necessitated by requests for rulings on ordinance interpretation and variances. Said meeting shall be open to the public.

(1999 Code, sec. 153.142)

§ 14.02.394 Rules of operation and records.

The board shall adopt rules of operation and shall keep a record of its resolutions, transactions, findings and determinations, which shall become items of public record.

(1999 Code, sec. 153.143)

§ 14.02.395 Right to appeal.

(Ordinance 671 adopted 6/24/19)

§ 14.02.396 Board quorum.

Four members of the board of adjustment shall be required for the transaction of business.

(1999 Code, sec. 153.145)

§ 14.02.397 Responsibilities of the board of adjustment.

Variances.

Scheduled dates and notification on variance applications.

Building permit.

(1999 Code, sec. 153.146)

§ 14.02.398 Decisions of the board.

(1999 Code, sec. 153.147)

§ 14.02.399 Financial support of the board.

(1999 Code, sec. 153.148)

§ 14.02.400 Annual report required.

(1999 Code, sec. 153.149)

§ 14.02.401 Use variances prohibited.

(1999 Code, sec. 153.150)

§ 14.02.441 Compliance required.

Application.

Violations deemed punishable.

(1999 Code, sec. 153.160)

§ 14.02.442 Notice of intent to revoke or suspend a permit, certificate, license, or order.

(1999 Code, sec. 153.161)

§ 14.02.443 Revocation or suspension of a permit, certificate, license, or order.

Suspension or revocation authorized.

The provisions of this section shall apply to:

Certificates of occupancy;

Conditional use permits;

Planned unit development (PUD) designation, including site plan review; and

Variances.

Notice.

Notice of suspension or revocation of any of the above shall be sent to the permit holder by certified mail, return receipt requested.

Immediate revocation authorized.

(1999 Code, sec. 153.162)

§ 14.02.444 Cease and desist orders.

Noncompliance in development or construction.

Legal remedies.

Duration of cease and desist order.

(1999 Code, sec. 153.163)

§ 14.02.445 Appeals of suspensions, revocations, and cease and desist orders.

Appeal filing.

The name and address of the person making the appeal;

The facts surrounding the particular case;

The nature of the suspension, revocation order, or the cease and desist order; and

The reason or reasons why the ruling should be set aside.

Code enforcement officer to hear appeal.

Appeal of hearing decision to board of adjustment.

Chalkboard or daily-special-type signs.

Board of adjustment to hear appeal.

(1999 Code, sec. 153.164)

§ 14.02.491 Purpose.

(Ordinance 688 adopted 10/28/13)

§ 14.02.492 Jurisdiction.

(Ordinance 688 adopted 10/28/13)

§ 14.02.493 Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

See unattached sign.

A lot or a portion of a lot or a combination of lots when used for construction of one building or commercial center.

Building official.

The building official of the City of Giddings or his designee.

Business frontage.

Canopy sign.

A sign attached to a canopy that extends over a public right-of-way that is attached to or an extension of a building.

No location may display more than one of these signs;

The sign will be counted in the maximum allowable sign area for the purveyor of the sign;

The sign does not exceed four square feet; and

Changeable lighted message sign.

It is otherwise secured and not hazardous.

Community service (public service) sign.

Construction sign.

A sign temporarily placed on a construction site identifying the project and/or owner, developer, contractor, or architect, and may include other information regarding the project.

Damaged sign.

A sign which is unsafe, unsecured, disfigured, or broken.

Directional sign.

Double-faced sign.

Externally illuminated sign.

A sign illuminated in any manner by an artificial light source which is detached from the sign.

Feather flag sign.

Freestanding sign.

Any sign supported by structures or supports that are placed on, or anchored in the ground and that are independent from any building or other structure.

Governmental sign.

A sign indicating a public works project or other program or activity conducted or required by any governmental subdivision. This is also considered a community service sign.

Ground sign.

A sign which is secured to the ground and which is not affixed to a building. The term “secured” is defined in the definition of unattached signs in this section.

Height, sign.

Integral sign.

A memorial sign or tablet, name of a building, or date of erection when cut into any masonry surface or when constructed of bronze or other incombustible material mounted on the face of a building.

Integrated business.

A commercial business which is operated by more than one business owner and which meets one or more of the following criteria:

Each business owner has shares of stock or a partnership interest in a corporation that owns the grounds and buildings;

Each business owner owns his own space under an undivided interest arrangement or a condominium arrangement;

Each business owner rents/leases his own space within the same building; or

Internally illuminated sign.

Each business owner is a member of a merchants association which contributes to the joint promotional efforts of the center.

A sign illuminated in any manner by an artificial light source as an integral part of the sign.

Marquee sign.

A sign hung from or affixed to a marquee. It shall be synonymous with a canopy sign.

Medallion sign.

A two-sided panel bearing a decorative figure or a relief or identifying emblem and limited to the business, address, proprietor and date of establishment.

Nonconforming sign.

Off-premises sign.

Party responsible.

The person whose name of business is being advertised on the sign and the owner of the property upon which the sign is located.

Professional nameplate (shingle sign).

An individual, partnership, corporation, firm or organization.

Portable sign.

See unattached sign.

A sign denoting only the name, occupation and address of an occupant in a commercial, public, or institutional building.

Projecting sign.

Realty sign.

A sign which is used to offer property for sale, lease, or rent.

Roof sign.

A sign that is mounted on, and is wholly supported by, the roof of a building and does not extend beyond the wall line.

See unattached sign.

See medallion sign.

A sign to be hung with a frame, made of paper, plastic, fabric of any kind, wood, or metal, which may possess colors, characters, letters, illustrations, or ornamentations.

Unattached sign.

The term “unattached sign” includes:

Portable signs;

A-frame signs; and

Sandwich signs.

The term “unattached sign” does not include:

Realty signs;

Individual contractor signs;

Political signs which are six square feet in area or less;

Signs intended for temporary use for safety reasons due to construction, danger, or traffic-control; and

Governmental or community service signs which are to inform the public.

Wall sign.

(Ordinance 688 adopted 10/28/13; Ordinance 898 adopted 2/10/2025)

§ 14.02.494 Permit required.

Each application for a sign permit shall be accompanied by such drawings, descriptions, and specifications as are determined by the building official.

Maintenance of signs and replacement of nonconforming signs.

In the event a change in use, occupancy, or ownership occurs and necessitates the alteration of a sign in any manner, the entire sign must then comply with any provisions of this code.

(Ordinance 688 adopted 10/28/13)

§ 14.02.495 Signs exempted from certain regulations.

Professional nameplates or shingle signs on premises, provided that such signs do not exceed four (4) square feet in area.

Signs denoting the name and address of occupants of the premises on the premises, provided that such signs do not exceed four (4) square feet in area.

Governmental signs, provided that governmental signs be limited to one sign per property, and the sign does not exceed thirty-two (32) square feet in area.

Commemorative plaques placed by governmental or civic organizations and integral signs.

Signs specifically approved in a planned unit development; provided, however no prohibited signs shall be permitted.

Public service signs indicating time and temperature, provided no company name, logo, or advertisement appears thereon.

Window signs, either painted or attached to a window of a building.

Auxiliary signs, not exceeding four signs of four square feet each per business property.

Directional signs (as defined above), provided that such signs do not exceed eight (8) square feet in area or six (6) feet in height.

(Ordinance 688 adopted 10/28/13)

§ 14.02.496 Prohibited signs.

The construction, placement, existence, use of or advertisements on signs of the following nature are prohibited unless specifically authorized by this division.

Signs or billboards off-premises from the location of the subject of the advertising content, unless otherwise specifically permitted by section 14.02.498.

Signs which advertise an activity, business or service which has been out of business for 45 days.

Signs which move or contain visible moving parts.

Signs which contain statements, words or pictures of an obscene, indecent or immoral character which offend public morals or decency.

Signs which constitute a hazard to pedestrians or vehicular traffic, and signs which may be confused with, interfere with or obstruct the view of a traffic sign, signal or device.

Signs which make use of any word, phrase, symbol or character in such manner as to interfere with or mislead or confuse vehicular or pedestrian traffic.

Portable or wheeled signs.

Signs attached to or located upon amenities such as benches, trash containers or fences.

Roof signs mounted on, wholly supported by, or painted on the roof of a building.

Signs placed on the side or rear of any building or property when such sign faces upon a contiguous residential district.

Nothing contained in this section shall be construed to prohibit the display of the flag of the United States, State of Texas or any political subdivision permitted in section 14.02.495(8).

Signs listed in section 14.02.495 that do not meet the requirements listed in that section and signs that do not meet the requirements of section 14.02.497[.]

Snipe signs.

(Ordinance 688 adopted 10/28/13; Ordinance 898 adopted 2/10/2025)

§ 14.02.497 Permanent signs permitted by district.

The following signs shall be permitted in residential (R-1, R-2, R-3, AR and MH) districts:

Temporary real estate signs.

No temporary real estate sign shall be located on any property that constitutes a traffic hazard.

Each sign shall be located at a separate location with maximum separation as practicable. Two signs at the subdivision entrance are prohibited.

The maximum temporary real estate sign height shall be sixteen (16) feet.

The following signs shall be permitted in neighborhood commercial (NC) districts:

The maximum sign area for a combination of subsections (E)–(F) of this section for a property in this district shall not exceed 20% of the total business frontage.

When the business is on a corner lot, the address side of the business frontage shall be the measuring point for all wall and canopy signage.

Residential signs as permitted in subsection (1) above.

Banners/temporary signs.

Banners or temporary signs shall not be located on any property that constitutes a traffic hazard.

Banners or temporary signs shall be attached to and mounted entirely on the building.

Banners or temporary signs shall not be attached to any utility pole, sign or other structure within the right-of-way.

Banners shall be hung so that the lowest part of the banner is not less than seven (7) feet above the ground or sidewalk.

Wall signs.

One wall sign is permitted for each business property.

A wall sign shall not project above the building roofline to which it is attached and shall not exceed thirty (30) feet in height.

A wall sign shall not extend outward more than twelve (12) inches from the building wall to which it is attached.

Canopy signs.

The edge of the canopy sign shall not extend beyond the length or width of the canopy to which it is attached.

Projecting signs.

One projecting sign per building face (wall) of a business property.

A projecting sign shall not extend more than four (4) feet from the building face (wall) to which it is attached and shall not exceed thirteen (13) square feet in area including framework.

The distance from the bottom of the sign to the ground or sidewalk shall be a minimum of seven (7) feet.

Projecting signs shall be pinned away from the building wall at least six (6) inches.

Projecting signs may not extend vertically above the windowsill of a second story.

Ground signs.

One ground sign is permitted for each one hundred (100) feet of business frontage. A business must have two hundred (200) feet of business frontage in order to erect a second sign.

The maximum total sign area per sign shall not exceed forty-eight (48) square feet including all framework.

Freestanding signs.

Freestanding signs are not allowed in neighborhood commercial (NC) districts.

The following signs shall be permitted in central business district (CBD), general commercial (GC), light manufacturing (LM), and industrial (I) districts. This includes integrated businesses:

The maximum sign area for a combination of subsections (E) through (F) of this section for a property in this district shall not exceed 20% of the total business frontage.

When the business is on a corner lot, the address side of the business frontage shall be the measuring point for all wall and canopy signage.

Residential signs as permitted in subsection (1) above.

Banners/temporary signs.

Banners or temporary signs shall not be located on any property that constitutes a traffic hazard.

Banners or temporary signs shall be permitted for each business property provided they do not exceed either two square feet per lineal foot of business frontage or 80 square feet maximum in area.

Banners or temporary signs shall be attached to and mounted entirely on the building.

Banners or temporary signs shall not be attached to any utility pole, sign or other structure within the right-of-way.

Banners shall be hung so that the lowest part of the banner is not less than seven feet above the ground or sidewalk.

Feather flag signs.

Feather flag signs shall not be located on any property that constitutes a traffic hazard.

Feather flag signs shall not interfere with the public's use of the roadway or sidewalk.

Wall signs.

One wall sign is permitted for each business property.

A wall sign shall not project above the building roofline to which it is attached and shall not exceed 30 feet in height.

A wall sign shall not extend outward more than 12 inches from the building wall to which it is attached.

Canopy signs.

The edge of the canopy sign shall not extend beyond the length or width of the canopy to which it is attached.

Projecting signs.

One projecting sign per building face (wall) of a business property.

A projecting sign shall not extend more than four feet from the building face (wall) to which it is attached and shall not exceed 13 square feet in area including framework.

The distance from the bottom of the sign to the ground or sidewalk shall be a minimum of seven feet.

Projecting signs shall be pinned away from the building wall at least six inches.

Projecting signs may not extend vertically above the windowsill of a second story.

Ground signs.

One ground sign is permitted for each 100 feet of business frontage. A business must have 200 feet of business frontage in order to erect a second sign.

The maximum total sign area per sign shall not exceed 48 square feet including all framework.

The height of ground signs, including the sign structure, shall not exceed eight feet above the adjacent ground and the lowest point of the sign face shall not exceed two feet above the ground.

Freestanding signs.

Freestanding signs are not allowed in the central business (CBD) district.

Freestanding signs are not allowed on any property that has less than 100 feet of business frontage.

One freestanding sign shall be permitted for each business frontage except as set out below for integrated businesses.

For integrated businesses, there shall be no more than two freestanding signs per 250 [feet] of business property.

The maximum size of any freestanding sign shall be no larger than 160 square feet.

The lowest point of the freestanding sign face including the framing shall be a minimum of seven feet above the adjacent ground.