Gunter City Zoning Code
§ 27
SPECIAL USES.
27.1.
Child-Care Centers
27.1.1.
No portion of a child-care center site may be located within three hundred (300) feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive or highly combustible materials.
27.1.2.
Child-care centers shall be located adjacent to a street having a pavement width of twenty-seven (27) feet or greater.
27.1.3.
Site plan approval by the Planning and Zoning Commission shall be required for all child-care center sites, whether or not a Specific Use Permit is required.
27.1.4.
Child-care centers located within any single-family or two-family residential district shall be required to plat in multiples of the minimum lot width of the district classification requirements. The lot depth shall meet the minimum district requirements and must be platted in a configuration which can be converted into standard lots for residential development.
27.1.5.
All child-care centers shall comply with the following standards:
27.1.5.1.
All vehicular entrances and exits shall be clearly visible from the street.
27.1.5.2.
All passenger loading and unloading areas shall be located so as to avoid safety hazards from vehicular traffic and adequate walkways shall be provided.
27.1.5.3.
Outdoor play areas shall be provided at a rate of 65 square feet per child based on maximum design capacity of the center. This requirement may be waived by the Planning and Zoning Commission if the child care is provided for less than four (4) hours per day for an individual person.
27.1.5.4.
In residential districts, a maximum of one-half of the required outdoor play space may be provided off-site. When off-premises outdoor play area is utilized, it must be located within one hundred (100) feet of the child-care facility premises and safely accessible without crossing, at-grade, any major or secondary thoroughfare.
27.1.5.5.
No child-care center shall be part of a one-family or two-family dwelling.
27.2.
Construction Yards, Field Offices, and Other Temporary Buildings.
Temporary permits for construction yards and field offices and special use permits or variances regulating temporary buildings shall be issued for a period of time not to exceed eighteen (18) months. Extensions may be granted by the City Council. Upon due notice and hearing before the City Council, any such permit may be revoked if the City Council finds the use of the building or structure is contrary to the intent of this ordinance or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard.
27.3.
Telecommunication Antenna
27.3.1.
Purpose.
These regulations are adopted for the following purposes:
(a)
To protect and provide for the public health, safety, and general welfare of the city.
(b)
To enhance the ability of the providers of telecommunications services to provide such services to the community safely, effectively, and efficiently.
(c)
To provide regulations for antenna support structures and antennas that provide secure mounting and construction and prevent interference with public safety communications equipment.
(d)
To encourage the users of support structures and antennas to collocate where possible and to locate all facilities, to the extent possible, in areas where adverse impact on the community is minimal. Alternative or stealth designs are encouraged for all antenna support structures, antennas, and supporting equipment.
(e)
To protect and enhance the city's environmental and aesthetic quality.
(f)
To identify standards in order to ensure equitable treatment of providers of functionally equivalent telecommunications services.
27.3.2.
Applicability.
(a)
This division applies to all telecommunication towers, support structures, and antenna installation unless exempted in [subsection] (b) below.
(c)
Support structures or antennas legally installed before adoption of this Sub-section 27.3 [February 20, 2025] are not required to comply with this division but must meet all applicable state and federal requirements, building codes, and safety standards.
(d)
An AM array shall be subject to these regulations. An AM array consisting of one or more support structure units and supporting ground equipment, which functions as one AM broadcasting antenna, shall be considered one support structure. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the support structures, including the guide wires, in the array. Additional support structure units may be added within the perimeter of the AM array by right.
27.3.3. Alternative antenna support structure. Antenna. Antenna support structures. Backhaul network. Collocation. FAA. FCC. Guyed lattice support structure. Height. Monopole. Omni antenna. Preexisting support structures and preexisting antennas. Self-supporting lattice support structure. Telecommunications facility. Telecommunication tower. Temporary antenna. Transceiver radio. Yagi antenna.
Definitions.
For the purposes of this division, the following terms shall have the respective meanings as ascribed to them:
A clock tower, bell tower, steeple, manmade tree, light pole, or similar alternative-design mounting structure that camouflages or conceals the presence of antennas or support structures. The generic term "stealth" may also be applied to any method that would hide or conceal an antenna, supporting electrical or mechanical equipment, or any other support structure. Panel antennas and omni and vagi antennas attached to existing structures are considered to be alternative in design if they are integrated into the architectural features of the structure or are painted to match the support structure.
Any exterior transmitting or receiving device mounted on or within a support structure, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, television signals, or other communication signals.
The transmitting or receiving system, its supporting structures, and any appurtenances mounted thereon, including a freestanding structure built specifically to support or act as an antenna or a structure mounted on some other manmade object such as a building or bridge.
The lines that connect a communications provider's support structure/cell sites to one or more telephone switching offices and/or long distance providers, or the public switched telephone network.
The use of a single support structure and/or site by more than one communications provider.
The Federal Aviation Administration.
The Federal Communications Commission.
A guyed three- or four-sided, open steel frame structure used to support telecommunications equipment.
The distance measured from the finished grade of the parcel to the highest point on the support structure or other structure including the base pad and any antenna.
A structure composed of a single spire used to support telecommunications equipment.
A thin, vertical, whip-type antenna that delivers an omni-directional signal.
Any support structure or antenna for which a building permit or specific use permit has been properly issued prior to the effective date of this division [ordinance adopted January 16, 2006], including permitted support structures or antennas that have not yet been constructed so long as such approval is current and not expired.
A self-supporting, open steel frame structure used to support telecommunications equipment.
Any unmanned facility consisting of equipment for the transmission, switching, and/or receiving of wireless communications. Such facility may be elevated (either structure-mounted or ground-mounted) transmitting and receiving antennas, low-power mobile radio service base station equipment, and interconnection equipment. The categories of facility types include both roof and/or structure-mount facilities and telecommunications support structures.
A structure designed for the support of one or more antennas and including guyed towers, self-supporting (lattice) towers or monopoles but not disguised support structures or buildings. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular phone towers, alternative tower structures, and the like.
An antenna and supporting equipment used on a temporary basis in conjunction with a special event, emergency situation, or in case of equipment failure.
Radio equipment rectangular in shape that attaches to lighting fixtures and/or utility poles and meets wind load requirements. Transceiver radios may have an attached omni-directional whip antenna.
A horizontal beam-type, directional antenna with short vertical bars, generally used for micro cells.
27.3.4.
General requirements.
(a)
This ordinance does not, and is not intended to supersede, replace, supplant or take precedence over any applicable state of federal regulations or requirements with regard to the installation, construction, maintenance or operation of any communication antenna or support structure.
(b)
Antennas and support structures may be considered either principal or accessory uses.
(c)
Antenna installations shall comply with all other requirements of all city ordinances and the zoning ordinance with the exception of those specified within this division.
(d)
Antennas on existing towers.
An antenna which is attached to an existing tower may be approved by the city council to minimize adverse visual aspects associated with the proliferation and clustering of towers, and collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the provision in section 27.3.5 of this division.
(e)
Applications for antennas and antenna support structures shall include the following:
i.
The distance between the proposed support structure and the nearest residential unit and/or residential zoning district boundary line.
ii.
An inventory or map of the applicant's existing support structures, antennas, or sites previously approved for such, either owned or leased, both within the city and within one mile of the city limits, including specific information about the location, coverage areas, height, and design of each support structure. The separation distance between the proposed support structure or antenna and these support structures shall also be noted.
iii.
Certification of the following:
1.
That the applicant has sought and received all franchises or permits required by the city for the construction and operation of the communication system.
2.
Identification of the backhaul provider and connectivity locations for the installation.
3.
Certification of the structural engineering information.
4.
A notarized statement from the applicant that the proposed support structure can accommodate the collocation of additional antennas.
iv.
Information concerning the finished color, alternative design standards (if applicable), and method of fencing.
v.
The application may require a site plan and landscape plan in accordance with this division. Platting of the property may be required in accordance with the subdivision ordinance.
(f)
All commercial attachments including but not limited to signs, flags, lights and attachments, other than those required for emergency identification, communications operations, structural stability, or as required for flight visibility by the FAA and FCC, shall be prohibited on any antenna or antenna support structure. However, lights may remain or be replaced on light standards that are altered or replaced to serve as antenna support structures with fixtures that comply with the lighting regulations of the city. However, this provision shall not preclude the inclusion of an antenna within or mounted on a flagpole.
(g)
All antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other state and federal agency with regulatory authority over support structures and antennas. If standards change, owners must comply within six months or as required by the regulating authority.
(h)
A building permit is required to erect or install an antenna, antenna support structure, and related equipment, unless the particular antenna is exempt from regulations of this division. All installations must comply with applicable state and local building codes and the standards published by the Electronic Industries Association as may be amended from time to time. Owners shall have thirty (30) days after receiving notice that an installation is in violation of applicable codes to fully comply, or the owner may appeal to the city council.
(i)
All support structures and antennas must be constructed and operated in a manner that does not create electromagnetic or other interference with the city's radio frequencies and public safety operations as required by the FCC.
(j)
No commercial antenna, antenna support structure, microwave reflector/antenna, or associated foundations or support wires may be located within any required front, side, or rear yard setback.
(k)
All antennas and antenna support structures owned and/or operated by a governmental entity shall be permitted by right in any district.
(l)
Design.
i.
Subject to the requirements of the FAA or any applicable state or federal agency, towers shall be painted a neutral color consistent with the natural or built environment of the site.
ii.
Equipment shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site and shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located.
iii.
Antennas attached to a building or disguised antenna support structure shall be of a color identical to or closely compatible with the structure or designed to be an architectural element of the facade to which they are mounted.
iv.
All towers shall be surrounded by a minimum six-foot (6') high decorative wall constructed of brick, stone or comparable masonry materials and a landscape strip of not less than ten (10) feet in width and planted with materials which will provide a visual barrier to a minimum height of six (6) feet. The landscape strip shall be exterior to any security wall. In lieu of the required wall and landscape strip, an alternative means of screening may be approved by administrative permit or by the city council in the case of a special use permit, upon demonstration by the applicant that an equivalent degree of visual screening will be achieved.
v.
All towers, disguised support structures, and related structures, fences and walls shall be separated from the property line of any adjacent property zoned for a residential use at least a distance equal to the height of the tower structure.
vi.
Vehicle or outdoor storage on any tower site is prohibited, unless otherwise permitted by the zoning.
vii.
On-site parking for periodic maintenance and service shall be provided at all antenna or tower locations consistent with the underlying zoning district.
(m)
Safeguards shall be utilized to prevent unauthorized access to an antenna support structure. Safeguards include those devices identified by the manufacturer of the antenna support structure utilized, a fence, climbing guard, or other commercially available safety device. Climbing spikes must be removed after use.
(n)
Temporary antennas shall only be allowed in the following instances:
i.
In conjunction with a festival, carnival, or other special event.
ii.
In case of an emergency as required by the police or fire department.
iii.
When needed to restore service on a temporary basis after failure of an antenna installation. The city must be notified within seventy-two (72) hours of the placement of a temporary antenna. If the temporary antenna is to be needed for more than seven days, then the provider must acquire a permit for the use.
(o)
Applicants must notify the city of any change in collocation or backhaul providers within thirty (30) days of the exchange.
27.3.5.
Collocation.
Collocation shall be accomplished as follows:
(a)
All new support structures over sixty feet (60') in height must be constructed to support antennas for at least two (2) carriers, unless the structure is an alternative or stealth design, or the support structure is replacing an existing utility structure or light standard. Sufficient area for associated structures and equipment must also be provided. A written agreement committing to shared use as required by this section shall be submitted by the tower applicant. The willful and knowing failure of the owner of a tower built for shared use shall be in violation of this division and, among other remedies of the city, shall be cause for the withholding of future permits to the same owner to install, build or modify antennas or towers within the city.
(b)
A support structure which is modified or reconstructed to accommodate collocation shall be of the same type or design as the existing structure and is subject to the following regulations:
i.
The support structure may be modified or rebuilt to a height not to exceed thirty feet (30') over the support structure's existing height, with a maximum height of one hundred twenty feet (120'). If a specific use permit issued for the support structure stipulated a maximum height, the support structure may not be modified unless the specific use permit is amended.
ii.
Distance separation from other support structures and residential zoning district boundaries are based on the original support structure and are not increased.
iii.
The support structure may be moved on the same property within fifty feet (50') of its existing location but may not be moved closer to residentially zoned property. The new location must be within the boundaries of the specific use permit.
iv.
The original support structure must be removed from the property within ninety (90) days of the completion of new support structure.
v.
Additional antennas attached to an existing support structure must comply with the design of the existing antenna on the support structure.
27.3.6.
Support buildings and equipment storage.
Support buildings and equipment storage areas or buildings must meet the following requirements:
(a)
When mounted on rooftops, they must be screened by a parapet wall or other mechanical unit screening.
(b)
When ground mounted, they must comply with the following:
i.
Meet all applicable front, side, and rear yard setback requirements.
ii.
Be of a neutral color and use exterior building materials that are compatible with surrounding structures.
iii.
Be screened by an evergreen landscape screen with an initial planting size of five gallons (5 gal) and four feet (4') in height, with an ultimate height of six feet (6'), or a solid masonry fence six feet (6') in height. Landscaping must be irrigated and maintained in a living, growing condition. Wooden fences are prohibited and wrought iron or chainlink may only be used in conjunction with a landscape screen.
27.3.7.
Requirements for the placement of support structures and antennas.
(a)
Antennas and antenna support structures are prohibited, except as specified within this division.
ii.
Antennas may be attached to a utility structure (e.g., electrical transmission/distribution tower or elevated water storage tank) exceeding sixty feet (60') in height.
iii.
Antennas may be totally enclosed within or integrated into the design of any building feature permitted in the zoning district. Antennas may be mounted flush to the exterior of a building if it is painted and integrated into the overall architectural design.
iv.
Antennas may be attached to existing streetlight, park ballfield lights, and parking lot light standards, or the light standard may be replaced to accommodate the antennas. The height of the light standard may be increased, no more than fifteen feet (15'), up to a maximum of sixty feet (60'), to accommodate the antenna.
v.
In residential districts, only omni, yagi, and small panel antennas not exceeding one foot in width by eight feet in length, mounted flush to the support structure, are allowed. Radio transceivers may also be used if the equipment box does not exceed eight inches by fourteen inches by five inches (8" x 14" x 5"). Other types of antennas may be used only when incorporated or enclosed within a building permitted in the district, or within a flagpole or other stealth design, or attached to any existing utility structure exceeding sixty feet (60') in height.
vi.
Equipment buildings must comply with the same screening requirements specified in section 27.3.6 above, unless the equipment is attached to the support structure itself or enclosed within another structure on the property.
(b)
In zoning districts in which antennas and antenna support structures are permitted in accordance with this section 27.3.7(a)(i) such antenna and antenna support structures are allowed as follows:
i.
Antenna support structures are allowed by right if they are sixty feet (60') or less in height and by a specific use permit if over sixty feet (60') in height.
ii.
Antennas may be attached to a utility structure including electrical transmission/distribution tower or elevated water storage tanks.
iii.
Antennas may be attached to existing streetlight, park ballfield lights, and parking lot light standards, or the light standard may be replaced to accommodate the antennas. The height of the light standard may be increased a total of fifteen feet (15'), up to a maximum of sixty feet (60'), to accommodate the antenna. Only omni, yagi, and small panel antennas not exceeding one-foot (1') in width by eight feet (8') in length, mounted flush to the support structure, may be attached to existing light standards less than sixty feet (60') in height. Radio transceivers may also be used if the equipment box does not exceed eight inches by fourteen inches by five inches (8" x 14" x 5").
iv.
Antennas may be totally enclosed within or integrated into the design of any building or building feature permitted in the zoning district. Antennas may be mounted flush to the exterior of a building if it is painted and integrated into the overall architectural design.
v.
Antennas mounted on a roof or existing structure, other than a support structure, shall extend no more than ten feet above the highest point of the structure.
vi.
Antennas may be mounted on or incorporated into flagpoles.
vii.
The height of a support structure is limited to one hundred twenty feet (120').
27.3.8.
Antennas on city-owned property.
Antennas owned by other than governmental entities may be located on property owned by the city, regardless of the zoning district, under the following conditions:
(a)
The antennas and support structures may be attached to an existing improvement or replace an existing improvement. The improvement shall be capable of supporting the antenna and any associated equipment and shall not interfere with the use or other operations of the city.
(b)
Prior authorization for use of city property must be shown by a franchise, lease, license, permit, or other document duly executed by an authorized city representative and adopted in conformance with all applicable city regulations for the property. The granting of a franchise, lease, license, or permit is at the discretion of the city council or its authorized designee and must comply with all ordinances.
(c)
The antennas and any accompanying equipment must comply with all ordinances, rules, and regulations.
27.3.9.
Aesthetic and alternative design requirements.
All antennas and antenna support structures must meet the following requirements:
(a)
Support structures shall have a galvanized steel finish or shall be painted a neutral color, unless other designs and colors are required by the Federal Aviation Administration for safety purposes.
(b)
Antennas and supporting equipment installed on an existing structure other than a support structure must be of a neutral color that is compatible with the color of the supporting structure.
27.3.10.
Appeals.
(a)
An applicant may appeal a decision of the appropriate city staff for an antenna installation not requiring a specific use permit to the city council by filing a notice of appeal within ten (10) days following the date the appropriate city staff notifies the applicant of his action. The city council may approve, conditionally approve, table, or deny an appeal. All decisions of the city council are final.
(b)
Any entity that desires to erect or utilize telecommunications facilities that would be limited by the provisions of this division may petition the city council to modify this division. In determining the need to initiate an amendment to this division, the city council shall consider the extent to which strict application of these regulations would prohibit or have the effect of prohibiting communications services.
27.4.
Residence Hotels.
Residential hotels shall be designed to allow for their potential conversion to multifamily residences and as such shall comply with all minimum standards set forth in Section 16. Residence hotels constructed in the MF district shall comply with the MF district requirements. Open space shall be provided in sufficient quantity and locations to allow for required additional parking should the residence hotel convert to multifamily residences.
27.5.
Multifamily Residence:
27.5.1.
Courts:
Where an apartment building is erected so as to create inner courts, the faces of all opposite walls in such courts shall be a minimum distance of thirty (30) feet apart and no balcony or canopy shall extend into such court area for a distance greater than five (5) feet.
27.5.2.
Usable Open Space:
Each lot or parcel of land which is used for multiple-family residences shall provide on the same lot or parcel of land usable open space (as defined in Section 37.2.101 [Section 37.2.98]), in accordance with the table below:
USABLE OPEN SPACE REQUIREMENT | |
|---|---|
Number of Bedrooms or Sleeping Rooms | |
1 or Less | 600 Sq. Ft. |
Each Additional Bedroom Over 1 | 300 Sq. Ft. |
In those instances where a parcel of land has been zoned for multifamily use with a Specific Use Permit or Planned Development classification and the permitted densities do not conform exactly with those permitted in the MF District, usable open space shall be provided in accordance with that required for the multifamily zoning district which most closely approximates the density permitted under the SUP or PD.
In meeting this requirement, a credit of three (3) square feet may be applied for each square foot utilized for swimming pools and adjacent decks, patios, or lounge areas within ten (10) feet of a pool; developed and equipped children's play areas; and usable portions of recreational buildings. Tennis courts are specifically excluded from this increased credit allowance. At the time of site plan approval, the Planning and Zoning Commission and/or City Council may allow a credit not to exceed ten percent (10%) of the total required usable open space for adjacent and immediately accessible public parks. The combined credit for areas calculated at a three-to-one basis and for public parks shall not exceed fifty percent (50%) of the total usable open space for an individual lot or parcel of land.
At the time of site plan approval, the City Council may give full or partial credit for open areas that exceed the maximum slope, if it is determined that such areas are environmental significant and that their preservation would enhance the development.
27.6.
Service Stations.
Gasoline service station pump islands may not be located nearer than eighteen (18) feet to the front property line. An unenclosed canopy for a gasoline filling station may extend beyond the front building line but shall not be closer than ten (10) feet to the property line.
27.7.
Swimming Pools.
It is the purpose of the following provisions to recognize an outdoor swimming pool as a potentially attractive nuisance and to promote the safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools whether privately, publicly, or commercially owned or operated.
27.7.1.
No swimming pool shall be constructed or used until a swimming pool building permit has been issued therefor. No building permit shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and State health departments regulations.
27.7.2.
A swimming pool erected below ground or above ground with a depth of two (2) feet or greater may be constructed and operated when:
27.7.2.1.
the pool is not located in any required front or side yard abutting a street;
27.7.2.2.
a wall or fence, not less than six (6) feet in height, with self-enclosing and self-latching gates that are lockable at all entrances, completely encloses either the pool area or the surrounding yard area;
27.7.2.3.
all lighting of the pool is shielded or directed to face away from adjoining residence. If lights are not individually shielded they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible for [from] adjacent properties;
27.7.2.4.
no broadcasting system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers; and
27.7.2.5.
the swimming pool is no closer then eight (8) feet from any property line.
27.8.
Fencing.
27.8.1.
Purpose:
To encourage the most appropriate use of land while protecting the privacy and value of adjacent property and to provide for public safety.
27.8.2.
Screening of non-residential and multifamily development.
(a)
When multifamily and/or non-residential uses side or back upon a single-family or residential planned development district or when a non-residential district sides or backs upon a multifamily district, a solid masonry wall of not less than eight feet (8') shall be erected in conjunction with landscaping elements on the property line separating the districts.
(1)
The owner of the multifamily property shall build and maintain the required wall on the property line dividing the property from the single-family residential district.
(2)
When screening is required between non-residential and residential uses, the owner of the non-residential property shall build and maintain the screening wall.
(b)
In non-residential and multifamily zoning districts no wall shall be erected in any front yard or side yard that is adjacent to a public street unless the wall is required to screen the development from an adjacent residential area. The wall shall be finished on both sides in a manner and color that is compatible to the exterior finish of the non-residential or multifamily building(s). Screening fences or walls shall be placed such that they do not impede visibility for vehicles entering or exiting the non-residential or multifamily development.
(c)
All walls require permits.
(d)
Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding or landscaping 30 inches or higher above the street centerline obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection as follows:
(1)
At a street intersection, clear vision must be maintained for a minimum of twenty-five feet (25') across any lot measured from the corner of the property line in both directions;
(2)
At an intersection with an alley, this clearance must be maintained for ten feet (10');
(3)
Shrubs and hedges that are typically less than 30 inches (30") in height at maturity, as measured from the centerline of the street, may be located in the visual clearance areas of all districts;
(4)
A limited number of single-trunk trees having a clear trunk (branching) height of at least eight feet (8') may be located within sight visibility areas provided that they are spaced and positioned such that they will not produce a visibility inhibiting, "picket-fence" effect when they attain mature size.
(e)
In districts permitting open storage, screening shall be required for those areas used for open storage. Open storage of materials, commodities or equipment shall be screened with a minimum six foot (6') fence or wall and shall not be visible from the street or adjacent property. Screening of the area shall be by one or a combination of the following methods:
(1)
Solid masonry consisting of rock, stone or other material that is equivalent, visually and qualitatively.
(2)
Wrought iron in conjunction with solid landscape screening;
(3)
No outside storage may exceed the height of the fence. Outside storage exceeding eight feet (8') shall require a conditional use permit.
(4)
Alternate equivalent screening must be approved by the city manager or his/her designee.
(f)
Refuse storage areas that are not within a screened rear service area and that are visible from a public right-of-way shall be visually screened by a solid masonry wall on at least three sides and comprised of materials and colors that match the main structure. The wall shall be of an appropriate height to completely screen the refuse storage areas from view based on the height of the needed storage bin. The fourth side, which is to be used for garbage pickup service, shall provide a solid metal gate to secure the refuse storage area. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies. Reinforced concrete paved areas shall be provided for refuse facilities and their approaches for loading and unloading.
(g)
Screening walls shall be constructed of masonry, reinforced concrete or other similar suitable materials that do not contain openings. All wall openings shall be equipped with gates equal in height and screening characteristics to the wall itself.
27.8.3.
Fences in residential areas.
(a)
Location and height requirements:
(1)
Any fence or wall located in a residential district shall not exceed eight feet (8') in height.
(2)
Except as provided herein, no fence or wall shall be permitted within the required front yard of any single-family residential lot that is adjacent to a public street. No residential fence shall be closer that fifteen feet (15') to a public street except in cases where the side or rear building line of the yards on continuous corner lots adjoin, the fence may be constructed out to the property line of said side yard such that the street side yard may be included as part of the lot's back yard area.
(b)
Any residential fence shall be constructed of masonry, wrought iron, wood, or other suitable permanent materials, except as provided in subsection 27.8.3(c).
(c)
Barbed wire, electrical and/or chainlink fencing is prohibited as perimeter fencing except for containment of farm animals on parcels of one or more acres.
(d)
Gates designed for vehicular access shall be set back from the front property line a minimum of twenty-five feet (25')[.]
(e)
Swimming pools shall be enclosed with a fence of not less than four feet (4') height constructed of masonry, wrought iron, wood, or other suitable permanent material.
(f)
Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding or landscaping 30 inches or higher above the street centerline obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection as follows:
(1)
At a street intersection, clear vision must be maintained for a minimum of twenty-five feet (25') across any lot measured from the corner of the property line in both directions;
(2)
At an intersection with an alley, this clearance must be maintained for ten feet (10');
(3)
Shrubs and hedges that are typically less than 30 inches (30") in height at maturity, as measured from the centerline of the street, may be located in the visual clearance areas of all districts;
(4)
A limited number of single-trunk trees having a clear trunk (branching) height of at least eight feet (8') may be located within sight visibility areas provided that they are spaced and positioned such that they will not produce a visibility inhibiting, "picket-fence" effect when they attain mature size.
(g)
Special purpose fencing, such as fencing around tennis courts, is permitted upon written approval of the city manager or his/her designee.
27.8.4.
Mechanical screening required.
(a)
All roof-mounted equipment including, but not limited to, fans, vents, air conditioning units and cooling towers shall be screened by a parapet wall or other method of screening approved by the city manager or his/her designee so as not to be visible at ground level from adjacent properties and/or public rights-of-way, including elevated thoroughfare sections.
(1)
Overall screening height shall be the height of the highest element of roof-mounted equipment.
(2)
The outside of the screening device, if independent of the building facade, shall be painted or otherwise finished in a similar color to the color of the building facade, trim or roof surface, whichever color is more effective in minimizing the visibility of the equipment and screen from ground level.
(b)
All wall-mounted and ground-mounted equipment and appliances including, but not limited to, fans, vents, air conditioning units and cooling towers shall be adequately screed from view from public streets and adjoining properties.
27.8.5.
Wooden fence standards.
(a)
All vertical posts shall be galvanized steel, a minimum of sixteen (16) gauge thickness and spaced at a maximum of eight feet (8') on center, set in a concrete footing. Picket fences, split rail fences, ranch style or agricultural fences, or other types of open decorative fences approved by the city manager or his/her designee shall be permitted to use wooden posts.
(b)
All pickets shall be a minimum 1/2-inch (1/2") thickness.
(c)
Wood material shall be an insect-resist ant wood such as cedar or pressure treated yellow pine. Spruce is not a permitted wood material.
(d)
The fence shall have its backside (the side with exposed posts or rails) oriented away from view from the adjacent street or right-of-way.
(e)
All materials shall be securely fastened, vertical boards to horizontal stringers, stringers to vertical posts, top rail, to ensure an ongoing attractive appearance and safe condition, free from rot, rust, vandalism, and other sources of decay.
(f)
The bottom of the fence shall be designed to prevent ground-to-wood contact. This can be achieved through the use of a concrete strip poured between the fence supports or by raising the pickets to provide a minimum of three inches (3") between the bottom of the pickets and the ground. A two-inch by six-inch (2" x 6") kick board may be used to cover the gap between bottom of pickets and ground. This kick board may have ground contact.
(g)
Wooden fences on lots or tracts that are adjacent to a street and visible from the street shall be constructed as board-on-board with a top rail.
27.9.
Sale of alcoholic beverages
27.9.1.
This section shall not apply when the storage or serving of alcoholic beverages is strictly for the consumption of the owners of the premises and their guests at no charge. Otherwise, the storage, possession, or sale of alcoholic beverages by anyone for consumption by anyone shall be illegal unless on property zoned specifically for that purpose.
27.9.2.
The storage, possession, or sale of any alcoholic beverage, when permitted by the laws of this state, shall be regulated and governed as provided herein and in other applicable ordinances of the city.
27.9.3.
No person shall engage in the business of storing, selling, or possessing any alcoholic beverage in the city unless the place of business of such person is located in the use district of the city in which the storing, selling, or possessing of such alcoholic beverage is permitted and in accordance with all City ordinances and regulations.
27.9.4.
It shall be unlawful for any person who is engaged in the business of selling alcoholic beverages, either for on-premise or off-premise consumption, to sell alcoholic beverages within three hundred (300) feet of any church or public hospital. The measurement of the distance between the alcoholic beverage store and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections.
27.9.5.
It shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell alcoholic beverages within three hundred (300) feet of any public or private school. The sale of alcoholic beverages is also prohibited within one thousand (1,000) feet of a private school if the City Council adopts by resolution a request for the one thousand (1,000) foot separation from the governing body of a private school. The measurement of the distance between the place of business and the public or private school shall be:
(1)
in a direct line from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections; or
(2)
if the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the property line of the public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.
27.9.6.
If a restaurant receives seventy-five (75) percent or more of its gross revenue on a quarterly basis from the sale of alcoholic beverages for on-premise consumption, the use will no longer qualify, or initially qualify, to be classified as a restaurant and will be classified and regulated by the City as an Alcoholic Beverage Establishment.
27.9.7.
Notwithstanding any other provision in this ordinance, it shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell beer in any residentially zoned area.
27.9.8.
[Reserved]
27.9.9.
(a)
This section applies only to a permit or license holder under Chapter 25, 28, 32, 69, or 74 of the Texas Alcoholic Beverage Code who does not hold a food and beverage certificate.
(b)
Except as provided by this subsection, the provisions of Section 27.9.5 of this Code relating to a public school also apply to a day-care center and a child-care facility as those terms are defined by Section 42.002, Texas Human Resources Code.
(c)
This section does not apply to a permit or license holder who sells alcoholic beverages if:
(1)
the permit or license holder and the day-care center or child-care facility are located on different stories of a multistory building; or
(2)
the permit or license holder and the day-care center or child-care facility are located in separate buildings and either the permit or license holder or the day-care center or child-care facility is located on the second story or higher of a multistory building.
(d)
This section does not apply to a foster group home, foster family home, family home, agency group home, or agency home as those terms are defined by Section 42.002, Texas Human Resources Code.
27.10.
Dumpsters and Dumpster Enclosures.
A.
Intent.
The intent of this section is to establish rules for enclosed dumpster areas in order to:
B.
Screening requirements for existing dumpsters.
This subsection is intended to regulate dumpsters placed within the City on or before August 25, 2014.
1.
Existing dumpsters which, in the judgment of the Code Enforcement Officer, meet the intent of this section shall be exempt from the specific requirements herein.
2.
Existing dumpsters which, in the judgment of the Code Enforcement Officers, do not meet the intent of this subsection shall either remove the dumpster or cause the following improvements to be made on or before October 1, 2016;
b)
Installation of screening to prevent the scattering of trash and debris.
c)
All dumpster enclosures shall be placed on a concrete pad with a concrete apron, with such concrete apron and pad meeting strength standards for fire lines.
Screening must be solid and opaque and may be constructed of wood or masonry on at least 3 sides. The fourth side may be chain-link or tubular steel if it is a gate. |
C.
Screening requirements for new dumpsters.
All dumpsters placed within the City on or after August 25, 2014 shall meet the following requirements:
1.
All properties that utilize a dumpster shall also provide an enclosed dumpster area.
2.
All dumpster enclosures shall be located behind the front building line or behind the front corner of the primary structure, whichever is the greater distance from the front property line. If the topography or other conditions will not allow the dumpster enclosure to meet this requirement, a site plan shall be required and the Planning and Zoning Commission shall designate an appropriate location on the site plan.
3.
Dumpsters shall be surrounded by an opaque enclosure that is masonry and compatible with the design and color of the principal building. Chain-link fence shall not be permitted as an enclosure except that a gate on one side may be chain-link or tubular steel.
4.
Dumpster enclosures shall have a minimum height of 6 feet if the dumpster is 4 feet or shorter. If the dumpster is taller than 4 feet, the enclosure shall be 2 feet taller in height than the dumpster.
5.
All dumpster enclosures shall be placed on a concrete pad with a concrete apron, with such concrete apron and pad meeting strength standards for fire lines.
6.
Dumpster enclosures shall not be located on any required parking spaces.
7.
Dumpster enclosures shall not be located any closer than 4 feet to a lot line.
8.
Dumpster enclosures shall not be located within any required buffers or easements.
27.11.
Permitted Select Agricultural Activity in non-Agriculture Districts.
A.
The following uses shall be allowed in non-agriculture districts if the requirements of subsection B., below, are all met: cultivating the soil, producing crops for human food, animal feed, or planting seed or for the production of fibers; floriculture, viticulture, and horticulture; planting cover crops or leaving land idle for the purpose of participating in a governmental program, provided the land is not used for residential purposes or a purpose inconsistent with agricultural use; and planting cover crops or leaving land idle in conjunction with normal crop rotation procedure.
27.12.
Home Occupations
A.
Home occupation definition.
(1)
Home occupation. An occupation, which is secondary to the primary use of a dwelling as a residence, conducted on residential premises by the occupant of the residence.
B.
Home occupation regulations.
No city approval is required for home occupations. However, home occupations are subject to the following conditions and requirements:
(1)
No signage associated with the home occupation and visible from outside of the dwelling shall be allowed on the premises.
(2)
No more than one (1) non-relatives may be employed on-site in addition to those residing in the home.
(3)
Outdoor activities are not allowed, unless the activities are screened from neighboring properties and public rights-of-way and limited to the hours between 9:00 a.m. to 8:00 p.m.
(4)
There shall be no exterior storage of materials, equipment, and/or supplies used in conjunction with the home occupation.
(5)
A maximum of one commercial vehicle, capacity one ton or less, may be used or parked on the property in connection with the home occupation. The commercial vehicle shall not be parked in the street.
(6)
The home occupation shall not require regular or frequent deliveries by large delivery trucks or vehicles in excess of 1 ton.
(7)
A home occupation shall not serve as an office or storage facility for a vehicle fleet operation in which fleet vehicles visit the site. A "fleet" is defined as three (3) or more business vehicles.
(8)
The home occupation shall not produce offensive noises, vibrations, smoke, dust, odors, heat, or glare beyond the property lines.
(9)
No major alterations to the property or exterior of the dwelling unit or accessory buildings shall be allowed that changes the residential character of the buildings. The home occupation use shall be clearly incidental and secondary to the residential use of the dwelling.
(10)
No repair or servicing of vehicles, internal combustion engines, large equipment, or large appliances is allowed.
(11)
No storing of hazardous materials for business purposes is allowed on the premises.
(12)
Merchandise, commodities, goods, wares, materials, or products shall not be offered or displayed for sale on the premises, excluding permitted garage sales. Sales incidental to a service shall be allowed; and orders previously made by telephone or at a sales party may be filled on the premises.
(13)
No traffic shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood or create unreasonable parking or traffic congestion in the immediate neighborhood, and any need for parking shall be accommodated within the off-street parking provided for the residence (i.e. the driveway or garage).
(14)
Uses prohibited as home occupations shall include the following:
a.
Animal hospital, commercial stable, kennel;
b.
Bed and breakfast inn, boardinghouse or roominghouse;
c.
Day-care center with more than six children;
d.
Restaurant or on-premises food/beverage consumption of any kind;
e.
Automobile, boat or trailer repair, small engine or motorcycle repair, large appliance repair, or the repair of any items with internal combustion engine;
f.
Cabinetry, metal work, or welding shop;
g.
Office for doctor, dentist, veterinarian, or other medical-related profession;
i.
On-premises retail or wholesale sale of any kind, except for permitted garage sales;
j.
Commercial clothing laundering or cleaning;
k.
Mortuary or funeral home;
l.
Trailer, vehicle, tool, or equipment rental;
m.
Antique, gift, or specialty shop; and
n.
Any use defined by the building code as assembly, factory/industrial, hazardous, institutional, or mercantile occupancy.
27.13.
Sexually Oriented Businesses
A.
Restrictions; measurements; nonconforming uses.
1.
A person commits an offense if he or she operates or causes to be operated a sexually oriented business within 1,000 feet of:
2.
A person commits an offense if he or she causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business located within 1,000 feet of another sexually oriented business.
3.
A person commits an offense if he or she causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof or the increase of floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
4.
For the purposes of subsection A.1. above, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a church or school or to the nearest boundary of an affected public park, residential district or residential lot.
5.
For purposes of subsection A.2. above, the distance between any two 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.
6.
(a)
Any sexually oriented business lawfully operating on the effective date of this section that is in violation of subsections A.1. through A.3. above shall be deemed a nonconforming use.
(b)
The nonconforming use will be permitted to continue for a period not to exceed one (1) year unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more.
(c)
The nonconforming uses shall not be increased, enlarged, extended, or altered, except that the use may be changed to a conforming use.
(d)
If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming.
7.
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, school, public park, residential district or residential lot within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or has been revoked.
B.
Exemptions.
1.
If the city manager or their designee denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of subsection A above, then the applicant may, not later than ten (10) calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the locational restrictions of this section.
2.
If the written request is filed with the city secretary within the ten-day limit, the city council shall consider the request. The city secretary shall set a date for the hearing within sixty (60) days from the date the written request is received.
3.
A hearing by the city council may proceed if a quorum is present. The city council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
4.
The city council may, in its discretion, grant exemption from the locational restrictions of this section if it makes the following findings:
(a)
The location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;
(b)
The granting of the exemption will not violate the spirit and intent of this section;
(c)
The location of the proposed sexually oriented business will not downgrade the property value or quality of life in the adjacent areas or encourage the development of urban blight;
(d)
The location of an additional sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and
(e)
All other applicable provisions of this section will be observed.
6.
(a)
If the city council grants the exemption, the exemption is valid for one (1) year from the date of the city council's action.
(b)
Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of subsection A above until the applicant applies for and receives another exemption.
7.
If the council denies the exemption, the applicant may not reapply for an exemption until at least twelve (12) months have elapsed since the date of the council action.
8.
The grant of an exemption does not exempt the applicant from any other provisions of this section other than the locational restrictions of subsection A above.
C.
Display of sexually explicit material to minors.
1.
A person commits an offense if, in a business establishment open to persons under the age of seventeen (17) years, he or she displays a book, pamphlet, newspaper, magazine, film or videocassette, the cover of which depicts in a manner calculated to arouse sexual lust or passion for commercial gain, or to exploit sexual lust or perversion for commercial gain, any of the following:
(a)
Human sexual intercourse, masturbation or sodomy;
(b)
Fondling or other erotic touching of human genitals, pubic regions, buttocks or women's breasts;
(c)
Less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola; or
(d)
Human male genitals in a discernibly turgid state, whether covered or uncovered.
2.
For the purpose of this section, the following definition shall apply, unless the context clearly indicates or requires a different meaning:
Display. To locate an item in a manner that, without obtaining assistance from an employee of the business establishment: | |
(1) | It is available to the general public for handling and inspection; or |
(2) | The cover, outside packaging or contents of the item is visible to members of the general public. |
(Ordinance 2016-06-09-05 adopted 5/24/16; Ordinance 2018-06-25-05 adopted 6/25/18; Ordinance 2019-04-18-01 adopted 4/18/19; Ordinance 2021-07-15-02 adopted 7/15/2021; Ordinance 2022-03-17-03 adopted 3/17/2022; Ordinance 2025-02-20-02 adopted 2/20/2025)