Jacksboro City Zoning Code
Division 2
District Regulations
§ 9.03.051 General provisions.
(a)
Nonresidential uses in residential districts.
The following uses are permitted in residential districts:
(1)
Parks, playgrounds, golf courses, community centers, fire stations, police stations, and other public safety buildings and recreational grounds and facilities operated by or under the control of the city or other governmental authority.
(2)
Electric transmission towers and lines, gas transmission lines and metering stations, sewage pump stations, water reservoirs, pump stations, and wells, communications lines, and other utility lines and appurtenances necessary to serve customers in any residential district.
(3)
Churches, rectories, public schools, parochial schools.
(4)
Libraries, museums, public administrative buildings.
(5)
Truck gardens, vegetable gardens, nurseries, orchards, and other plant cultivation; provided that no retail or wholesale business shall be conducted upon the premises, and that all storage and all operations, including cultivating, fertilizing, harvesting and the use and maintenance of all associated facilities and equipment are conducted in a manner which will not be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke, or fumes, light or glare.
(6)
Accessory buildings, including private garages and/or servant's quarters, with the following conditions:
(A)
Servant's quarters shall not be leased or rented to anyone other than a bona fide servant.
(B)
Accessory buildings may be used for hobbies, provided such activities are accessory only, and are not obnoxious or offensive by reason of vibration, noise, odor, dust, smoke, fumes, or manner of operation.
(C)
Accessory buildings must be constructed with like or better materials than the primary structure, or be constructed of similar materials as the neighboring buildings.
(D)
Accessory building(s) with combined square feet totaling five hundred (500) square feet or less are not required to meet district masonry requirements.
(E)
Accessory building(s) with combined square feet totaling five hundred and one (501) square feet or more are required to meet district masonry requirements or be constructed with like or better materials than primary structure.
(7)
Home occupations with the following conditions:
(A)
The occupational use is secondary to the primary use of the dwelling as a residence.
(B)
The use does not exceed two hundred (200) square feet of floor area of the dwelling unit.
(C)
The outside appearance of the residence shall not be altered in any way that would provide visible evidence of the conducting of a home occupation.
(D)
No person other than a member of the family residing at the residence may conduct a home occupation and no more than two persons, regardless of the total number of occupants, may participate in the home occupation.
(E)
No more than one (1) home occupation may be conducted in the residence.
(F)
No advertising sign may be displayed on the premises.
(G)
No outdoor activities or storage of any kind is permitted.
(H)
The use shall not increase normal automobile traffic in the neighborhood and shall not require additional off-street parking in order to conduct business.
(I)
The occupation shall not be obnoxious or offensive by reason of vibrations, noise, odor, dust, smoke or fumes or create any nuisance.
(J)
Home occupations shall typically be conducted during normal business hours.
(K)
A customarily incidental use.
(b)
Non-applicability of area regulations to certain lots.
The required minimum lot width and the required minimum lot area for any single-family residential district shall not apply to any individual lot of record which was platted prior to the adoption of this article.
(c)
Living area regulations.
(1)
Every single-family detached dwelling (other than manufactured homes, duplexes, and quadplexes) hereafter erected or placed shall have at least one thousand (1,000) square feet of living area, except that in SF-1 districts, said dwellings shall have at least one thousand two hundred (1,200) square feet of living area.
(2)
Recreational vehicles are not allowed to be used as a residence.
(3)
Every apartment in an "MF-M" district having only one bedroom shall have at least seven hundred fifty (750) square feet of living area. For each additional bedroom, the apartment shall have a minimum of one hundred fifty (150) additional square feet of living area.
(4)
Every apartment in an "MF-H" district having only one bedroom shall have at least six hundred fifty (650) square feet of living area. For each additional bedroom the apartment shall have a minimum of one hundred fifty (150) additional square feet of living area.
(d)
Height regulations.
The height regulations of this article shall not apply to noncommercial radio or TV antennas or towers.
(e)
911 addressing.
Only one (1) assigned 911 address and one (1) primary residence permitted per lot, unless duplex or multifamily housing was officially approved during the permitting process.
(f)
Manufactured homes.
(1)
Manufactured homes must be HUD-code manufactured homes, with a HUD certification label attached.
(2)
Used manufactured homes must be inspected by building official prior to being permitted to be moved into or within the city limits.
(3)
Requests to place a manufactured home must be accompanied by flood insurance rate map zone conformation [confirmation].
(4)
Manufactured homes must conform to the surrounding homes, including minimum square footage and exterior finishes.
(g)
Local disaster/emergency temporary use provisions.
The city manager has the authority to allow temporary uses of nonconforming structures and containers during relief efforts as a result of a declared local disaster and/or emergency.
(Ordinance O-02-2020, sec. 8-100, adopted 3/23/2020; 1997 Code, sec. 154.15; Ordinance O-06-2022 adopted 8/8/2022; Ordinance O-19-2022 adopted 10/24/2022; Ordinance O-08-2023 adopted 6/12/2023)
§ 9.03.052 "SF-1" single-family residential district - R9.6.
This district is intended to be composed of single-family, detached dwellings on large or intermediate-sized lots, which form a neighborhood characterized by owner-occupied homes in a low density setting.
(2)
Area regulations.
(C)
Minimum dwelling unit size.
One thousand, two hundred (1,200) square feet.
(D)
Maximum height.
Two and one-half (2-1/2) stories.
(F)
Minimum masonry coverage.
Eighty-five percent (85%) of vertical wall area unless conforming to the majority of buildings in the area.
(H)
Other regulations.
[Reserved.]
(Ordinance O-02-2020, sec. 8-200, adopted 3/23/2020; 1997 Code, sec. 154.16; Ordinance O-06-2022 adopted 8/8/2022)
§ 9.03.053 "SF-2" single-family residential district - R7.0.
(a)
This district is intended to be composed of single-family detached homes; cluster housing, single-family attached homes; duplexes; quadplexes; and HUD-code manufactured homes located on single-family residential lots. Lot sizes and home sizes are intended to be smaller than SF-1, and situated in a medium density setting. Attached dwellings may be clustered together in rows of townhouses and other zero-lot-line clustering, or patio homes. It is intended that these dwellings will form a neighborhood characterized by owner-occupied homes in the highest density setting of such homes and by open spaces in common ownership or otherwise which are designed to give relief to the density of dwellings and to provide desired amenities for this type of neighborhood. It is intended that advanced and creative designs or [for] residential dwellings and their arrangements, and landscape planning will be encouraged in this district. A master site plan is required before development of cluster homes may be considered.
(b)
Dwellings must meet minimum square feet living area regulations per living area.
(1)
Use regulations.
Land and structures in this zoning district shall be used only for the following purposes:
(2)
Area regulations.
(C)
Minimum dwelling unit size (other than duplexes/quadplexes).
One thousand (1,000) square feet.
(D)
Minimum dwelling unit size for multifamily dwelling attached dwelling (duplexes/quadplexes).
Seven hundred and fifty (750) square feet.
(E)
Maximum height.
Two and one-half (2-1/2) stories.
(G)
Minimum masonry coverage.
Seventy percent (70%) of vertical wall area unless conforming to the majority of buildings in the area.
(I)
Other regulations.
[Reserved.]
(Ordinance O-02-2020, sec. 8-300, adopted 3/23/2020; 1997 Code, sec. 154.17; Ordinance O-06-2022 adopted 8/8/2022; Ordinance O-08-2023 adopted 6/12/2023; Ordinance O-24-2023 adopted 12/11/2023)
§ 9.03.054 "MF-M" multifamily residential district - medium density.
This district is intended to be composed of mostly apartment buildings in a medium density setting, including the smallest size apartment buildings (duplexes and triplexes) and those of larger sizes within a range up to that which will not exceed the maximum allowable number of dwelling units.
(1)
Use regulations.
Land and structures in this zoning district shall be used only for the following purposes:
(2)
Area regulations.
(C)
Maximum density.
Sixteen (16) dwelling units per acre.
(E)
Maximum height.
Two and one-half (2-1/2) stories.
(G)
Minimum masonry coverage.
Fifty percent (50%) of vertical wall area unless conforming to the majority of buildings in the area.
(H)
Parking regulations.
See off-street parking and loading standards.
(Ordinance O-02-2020, sec. 8-400, adopted 3/23/2020; 1997 Code, sec. 154.18)
§ 9.03.055 "MF-H" multifamily residential district - high density.
This district is intended to be about the same as "MF-M" except that higher densities and taller apartment buildings are permitted.
(2)
Area regulations.
(C)
Maximum density.
Twenty-four (24) dwelling units per acre.
(E)
Maximum height.
Three and one-half (3-1/2) stories.
(G)
Minimum masonry coverage.
Fifty percent (50%) of vertical wall area unless conforming to the majority of the buildings in that area.
(H)
Parking regulations.
See off-street parking and loading standards.
(Ordinance O-02-2020, sec. 8-500, adopted 3/23/2020; 1997 Code, sec. 154.19)
§ 9.03.056 "MH-1" manufactured home district.
This district is intended to be composed of manufactured home parks and/or manufactured home subdivisions. Recreational vehicle parks are allowed after approval of a conditional use permit.
(2)
Area regulations.
(C)
Minimum site area.
Four (4) acres.
(D)
Minimum density.
Ten (10) dwelling units per acre.
(E)
Minimum dwelling unit size.
Seven hundred fifty (750) square feet.
(F)
Maximum height.
Single-story structure.
(H)
Minimum masonry coverage.
None.
(J)
Other regulations.
All residential structures not directly attached to a concrete slab will be properly underpinned and skirted prior to occupancy.
(Ordinance O-02-2020, sec. 8-600, adopted 3/23/2020; 1997 Code, sec. 154.20)
§ 9.03.081 General provisions.
Refer to each specific district.
(Ordinance O-02-2020, sec. 9-100, adopted 3/23/2020; 1997 Code, sec. 154.35)
§ 9.03.082 "CBD" central business district.
This district is intended to be composed of various uses which provide for the development of the downtown district and preserve the historical value of the buildings. The district is also intended to allow for the development of office buildings housing places of professional services, restaurants, personal services and retail. The district typically is bounded by north, south, east and west streets.
(1)
Use regulations.
Uses permitted in the "CBD" are outlined in the commercial, manufacturing and industrial use chart.
(Ordinance O-02-2020, sec. 9-200, adopted 3/23/2020; 1997 Code, sec. 154.36; Ordinance O-06-2022 adopted 8/8/2022)
§ 9.03.083 "LC" light commercial district.
The development standards in the "LC" district are intended to allow for the development of a variety of retail, business services and other commercial business in areas other than the highway corridors and the central business district.
(1)
Use regulations.
(2)
Area regulations.
(D)
Maximum lot coverage.
Seventy-five percent (75%).
(F)
Minimum masonry coverage.
Seventy percent (70%) of vertical wall area, unless conforming to branded business franchise building standards.
(G)
Parking regulations.
See off-street parking and loading standards.
(H)
Other regulations.
[Reserved.]
(Ordinance O-02-2020, sec. 9-300, adopted 3/23/2020; 1997 Code, sec. 154.37; Ordinance O-06-2022 adopted 8/8/2022; Ordinance O-19-2022 adopted 10/24/2022)
§ 9.03.084 "TC" thoroughfare commercial district.
This district is intended to accommodate all types and sizes of commercial enterprises exclusive of warehousing and manufacturing. It is intended that much of the land contiguous to U.S. 281 fall in this classification.
(2)
Area regulations.
(D)
Maximum lot coverage.
Seventy-five percent (75%).
(F)
Minimum masonry coverage.
Fifty percent (50%) of exterior facade with exposure to a street, unless conforming to branded business franchise building standards.
(G)
Parking regulations.
See off-street parking and loading standards.
(H)
Other regulations.
[Reserved.]
(Ordinance O-02-2020, sec. 9-400, adopted 3/23/2020; 1997 Code, sec. 154.38; Ordinance O-06-2022 adopted 8/8/2022; Ordinance O-19-2022 adopted 10/24/2022)
§ 9.03.085 Mobile food vendor zoning district. [1]
(a) Charitable organization. City. Edible goods. Food service establishment. Mobile. Mobile food vendors.(1) (2) (3) Non-refrigerated. Sell. Tax-exempt organization sponsored events.
Definitions.
For the purpose of this section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
An entity that the United States Internal Revenue Service recognizes to be a charitable organization or a church.
The City of Jacksboro, Texas.
Shall include, but are not limited to:
Businesses that sell edible goods and have been inspected and approved by the state, including commercial kitchens and commissaries, and shall specifically exclude accessory or self-serve retail food sales.
The state of being in active, but not necessarily continuous, movement.
Any business which sells edible goods from a non-permanent (i.e., mobile food unit) location within the city. The term shall include, but is not limited to:
Concessions carts means a mobile vending unit that must be moved by non-motorized means.
Concession trailers means a mobile vending unit which is pulled by a motorized unit that has no power to move on its own.
Mobile food trucks means a self-contained motorized mobile vending unit selling items defined as edible goods.
Edible goods that are not required to be kept at a temperature below 41 degrees Fahrenheit according to the federal Food and Drug Administration and the Texas Food Establishment Rules.
The act of exchanging a good for payment or in return for a donation.
An open to the public function where a tax exempt (charitable, religious, educational or philanthropic) organization is the host.
(b)
Permit and application.
(1)
Permit application.
No person shall act as a mobile food vendor in the city without a permit issued by the city. Every permit, including those from the city and from the state, shall be displayed at all times in a conspicuous place where it can be read by the general public on the mobile food vendor's truck, concession cart, or concession trailer. A person shall make application for a permit to the city on forms furnished by the city and shall provide the following information:
(A)
Name, legal name of business or entity, business address, and telephone number of the applicant;
(B)
A copy of a valid identification issued by any government that includes a photograph of the applicant;
(C)
The address where the applicant permanently resides;
(D)
The trade name under which the applicant conducts business;
(E)
Sales tax number with a copy of sales tax permits;
(F)
Signed permission from all private property owners where the mobile food vending unit will be stationed;
(G)
The year, make, model, and color of the mobile food truck, concessions cart, or concession trailer;
(H)
Contact name and phone number for mobile food vending unit;
(I)
A photograph of the exterior and interior of the mobile food truck, concessions cart, or concession trailer;
(J)
Proof of motor vehicle insurance, current inspection and current registration;
(K)
Description of product being sold;
(L)
A copy of a valid registration certificate issued by the state for the mobile food truck, concessions cart, or concession trailer.
(2)
Fees.
The application fee for a mobile food vendor permit shall be in accordance with the city's fee schedule. Each mobile food vendor unit shall be permitted separately; provided, however, only one permit shall be required for a mobile food court.
(c)
Location restrictions.
(1)
Distance regulations.
(A)
No mobile food vendor shall conduct business within 300 feet of any church, school building, or residence, unless requested for a special event from the owner or administrator of same.
(B)
A mobile food vendor may not be located within one hundred (100) feet of the property line of an open and operating fixed-location food service establishment. This buffer may be reduced upon receiving written permission from said establishment.
(2)
Location restrictions.
(A)
No mobile food vendor shall locate on any private property without written permission to do so and must comply if asked to leave by the property owner. A copy of the written permission to operate in a specific location, signed by the private property owner, shall be kept within the mobile vending unit at all times.
(B)
A mobile food vendor may not be located within ten (10) feet of another mobile food vendor unless they are within a mobile food court and located in accordance with the approved mobile food court site plan.
(C)
Upon final approval of a mobile food court by the city council, all future mobile food vendors must locate within the approved mobile food court unless or until all sites within the mobile food court are full. Requests for multiple mobile food courts will be considered by the city council.
(d)
Mobile food vendor requirements.
(1)
Each unit shall be equipped with a trash receptacle with lid to prevent windblown litter and shall be disposed of in accordance with the city solid waste ordinance.
(2)
A five-foot clear space shall be maintained around the mobile food vendor.
(3)
If fats, oils or grease results from food processing of a mobile food vendor's truck, a grease trap shall be required.
(4)
The mobile food vendor shall be subject to inspection by the city upon permit application and may be subject to random inspections and upon reissuance of the permit.
(e)
Mobile food courts.
(1)
A mobile food court is any parcel of land where three or more mobile food vendors congregate to offer food or beverages for sale to the public.
(2)
Mobile food courts will be allowed on private property located within city limits.
(3)
The developer of a mobile food court will be responsible for adhering to site development standards, drafting food court rules, and meeting all permitting requirements.
(4)
The mobile food court site plan for installation, construction, utility connections, signs and operation must be approved by the city.
(5)
Upon final approval of a mobile food court by the city council, all future mobile food vendors must locate with the approved mobile food court unless or until all sites within the mobile food court are full.
(6)
The following site requirements must be met in order to issue a permit:
(A)
There must be a minimum of three (3) mobile food vendor sites for a mobile food court permit.
(B)
Each food truck shall be located on an improved surface.
(C)
Electrical service must be provided for each individual mobile food unit by a permitted electrical contractor.
(D)
One main water connection must be provided for on-site use. One water connection must be provided for every three (3) mobile food vending units.
(E)
Accessible restroom facilities: A minimum of one male and one female restroom must be provided within the mobile food court. Portable sanitary facilities will not be allowed.
(F)
Garbage receptacle: At minimum, one two-yard commercial garbage receptacle shall be provided and must be located on-site, accessible to all vendor activities, and a minimum of 50 feet away from all mobile food vending units and seating area(s).
(G)
One sign identifying the food truck park is permitted, and must be in accordance with the city's signage ordinance.
(H)
Seating must be provided for patrons with [within] the proposed site. Seating layout must be included in the site plan.
(I)
All other requirements for a mobile food vendor shall be applicable to mobile food courts.
(Ordinance O-06-2022 adopted 8/8/2022)
[1]
Editor's note—Ordinance O-06-2022 adopted the following title as part of the commercial district regulations, but did not set out any contents for the section: "Sec. 154.39 Mobile Food Vendor Zoning District". The ordinance also adopted provisions designated as "Chapter XX Mobile Food Vendors". At the discretion of the editor, "Chapter XX" has been included as section 9.03.085.
§ 9.03.086 Communications antennas and support structures/towers.
(a)
Applicability.
(1)
These regulations apply to all commercial and amateur antennae and support structures, unless exempted in subsection (2) below.
(2)
Exceptions: Direct broadcast satellite reception, multi-channel multi-point distribution (as defined by the FCC), television reception antennae and amateur radio antennae meeting the following requirements do not require a permit unless mounted on a pole or mast that is twenty (20) feet or more in height:
(A)
In any zoning district, antennae that are one meter (i.e., thirty-nine inches (39")) or less in diameter;
(B)
In a nonresidential zoning district, antennae that are two meters or less in diameter;
(C)
In any zoning district, antennae designed to only receive television broadcasts;
(D)
In any zoning district, amateur radio antennae concealed behind or located upon or within attics, eaves, gutters or roofing components of the building; and
(E)
In any zoning district, amateur radio ground-mounted whips and wire antennae, unless mounted upon a pole or mast over twenty (20) feet in height.
(3)
Support structures or antennae legally installed before the effective date of this article are not required to comply with this article, but must meet all applicable state, federal and local requirements, building codes and safety standards. Provided however, any new construction or expansion shall be required to comply with the terms of this article.
(b) Antenna, microwave reflector and antenna support structure. Antenna (commercial). Antenna (noncommercial/amateur). Collocation. Communications operations (noncommercial/amateur). Communications operations (commercial). Height. Radio broadcasting with tower. Radio, television or communications tower (commercial and noncommercial use). Telecommunications tower, facilities or structure. Temporary/mobile antenna. Wireless communication tower or structure.
Special definitions.
For the purpose of this section, the following definitions shall apply:
An antenna is the arrangement of wires or metal rods used in transmission, retransmission and/or reception of radio, television, electromagnetic or microwave signals (includes microwave reflectors/antennae). A microwave reflector is an apparatus constructed of solid, open mesh, bar-configured or perforated materials of any shape/configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. Microwave reflectors are also commonly referred to as satellite receive only earth stations (TVROS), or satellite dishes. An antenna support structure is any tower, mast, pole, tripod, box frame or other structure utilized for the purpose of supporting one or more antennae or microwave reflectors.
An antenna or antenna support structure used for the purpose of transmission, retransmission and/or reception of radio, television, electromagnetic or microwave signals primarily for the purpose of operating a business and/or for financial gain (e.g., commercial broadcasting, cellular/wireless telecommunications, etc.). A satellite dish antenna that exceeds six (6) feet in diameter shall also be considered as a commercial antenna.
An antenna or antenna support structure used for the purpose of transmission, retransmission and/or reception of radio, television, electromagnetic or microwave signals for private or personal use and not for the purpose of operating a business and/or for financial gain. A satellite dish antenna not exceeding six (6) feet in diameter shall also be considered as a noncommercial antenna.
The use of a single support structure and/or site by more than one communications provider.
The transmission, retransmission, and/or reception of radio, television, electromagnetic or microwave signals for private or personal use and not for the purpose of operating a business and/or for financial gain.
The transmission, retransmission, and/or reception of radio, television, electromagnetic or microwave signals primarily for the purpose of operating a business and/or for financial gain.
The distance measured from the finished grade of the lot/parcel to the highest point on the support structure or other structure, including the base pad and any antennae.
See "Antenna, microwave reflector and antenna support structure."
See "Antenna, microwave reflector and antenna support structure."
See "Antenna, microwave reflector and antenna support structure."
An antenna and any associated support structure/equipment (including, but not limited to, a support pole, a vehicle, etc.) that is placed and/or used on a temporary basis only (i.e., not intended to be permanent), usually in conjunction with a special event, news coverage or emergency situation, or in case of equipment failure or temporary augmentation of permanent communications equipment.
See "Antenna, microwave reflector and antenna support structure."
(c)
General requirements.
(1)
Antennae and support structures may be considered either principal or accessory uses.
(2)
Antenna installations shall comply with all other requirements of the zoning ordinance and the Code of Ordinances with the exception of those specifically cited within these regulations.
(3)
No commercial antenna support structure shall be closer to a residential district boundary line or residential dwelling than a distance equal to twice the height of the support structure. Such setback/distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of a residential district boundary line or residential dwelling. Setbacks from residentially zoned property do not apply to antennae attached to utility structures that exceed fifty (50) feet in height or to antennae placed wholly within or mounted upon a building.
(4)
No amateur or commercial antenna, antenna support structure, microwave reflector/antenna or associated foundations or support wire or appurtenances shall be located within any required setback area for the front, side or rear yards.
(5)
All antennae and support structures must meet or exceed the current standards, and regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA) and/or all applicable federal, state and local authorities. If those standards change, then the owner/user of an antenna or support structure must bring the antenna/structure into compliance within six (6) months or as may otherwise be required by the applicable regulating authority.
(6)
A building permit is required to erect or install an antenna, antenna support structure and related structures/equipment, unless the particular antenna is exempt from these regulations (see section 9-101A. [subsection (a)(2)] above). All installations shall comply with applicable federal, state and local building codes and the standards published by the Electronic Industries Association. Owners/users shall have thirty (30) calendar days after receiving notice that an installation is in violation of applicable codes in order to bring it into full compliance.
(7)
Antennae (amateur or commercial) shall not create electromagnetic or other interference with the city's or Jack County's radio frequencies and public safety operations, as required by the FCC. Antennae also shall not interfere with radio or television reception or nearby property owners. In no manner shall the use of such equipment infringe upon adjoining property owners.
(8)
No antenna or support structure shall be located so as to create a visual obstruction within critical visibility areas (such as street intersections or where a private driveway enters a roadway) or a traffic safety problem.
(9)
Safeguards shall be utilized to prevent unauthorized access to an antenna installation (e.g., on a water tower or utility structure, a freestanding installation, etc.). Safeguards include certain devices identified/recommended by the manufacturer of the antenna or support structure, a fence, a climbing guard or other commercially available safety devices. Climbing spikes or other similar climbing devices, if utilized, shall be removed immediately following use.
(10)
Temporary antennae shall only be allowed in the following instances:
(A)
In conjunction with a festival, carnival, rodeo or other special event/activity;
(B)
In case of an emergency (e.g., severe weather, etc.) or a news coverage event;
(C)
When needed to restore service on a temporary basis after failure of an antenna installation. The city must be notified within 72 hours of the placement of a temporary antenna. If the temporary antenna is to be needed for more than seven (7) calendar days, then the owner/user must apply for and acquire a permit for the temporary installation on or before the eighth (8th) day following initial placement of the antenna.
(d)
Collocation is greatly encouraged by the city and preference shall be given to collocated facilities.
(1)
All new support structures over fifty (50) feet in height shall be constructed to support antennae for at least two carriers, unless the structure is an alternative or stealth design, or the support structure is replacing an existing utility structure or light standard. Sufficient area for associated structures and equipment shall also be provided.
(2)
A support structure which is modified or reconstructed in order to accommodate collocation shall be of the same type, design and height as the existing structure, and it may be moved on the same property within fifty (50) feet of its original location provided that it is not moved any closer to residentially zoned property or residential dwelling (if the structure was allowed by a conditional use permit (CUP), then its new location shall be within the physical/land boundaries of the CUP). The original (i.e., former) support structure shall be removed from the property within ninety (90) calendar days following completion of the new structure.
(3)
Where an additional antenna is to be attached to an existing support structure that already has an antenna mounted upon it, the new antenna shall comply with and be compatible with the design of the existing antenna on the collocated structure.
(e)
Support building and equipment storage areas/buildings shall be screened from public view if mounted on a rooftop, and such screening device shall be architecturally compatible with the design and materials of the building. When ground mounted, they shall meet all applicable front, side and rear yard setback requirements of the applicable base zoning district. They shall also be of neutral color and shall use exterior finish colors and materials that are compatible with nearby structures. They shall be screened from public view by a dense, opaque evergreen landscaped screen with an initial planting height of three (3) feet, and which will attain an ultimate height of six (6) feet at maturity. A six foot (6') solid masonry wall may be used in lieu of the landscaped screen provided exterior finish materials are compatible with nearby structures. The use of a wood fence for screening is prohibited, and wrought iron or chain link may only be used in conjunction with a landscaped screen as specified above.
(f)
Satellite dishes and other similar antennae shall be permitted on the roof of a building, so long as satellite dishes do not exceed one meter (39") in diameter and antennae do not extend over ten (10) feet above the roof of the building. Roof-mounted antennae that comply with the provision of these regulations do not require additional yard setbacks or setbacks from residential areas or dwellings.
(g)
Only one (1) amateur antenna/support structure shall be permitted per residential lot, except that a maximum of two (2) satellite dishes may be allowed if both units are no larger than one meter (39") in diameter (only one allowed if over one meter in diameter). Satellite dishes in any residential district shall not exceed twelve (12) feet in diameter. Notwithstanding the foregoing, an amateur station antennae structure, meeting all federal guidelines and requirements for such facilities and licenses, may be erected at such heights and dimensions sufficient to accommodate amateur service communications.
(h)
All commercial signs, flags, lights and attachments other than those required for emergency identification, communications operations, structural stability, or as required for flight visibility by the FAA and/or FCC shall be prohibited or any antenna or antenna support structure. However, lights may remain or be placed upon light standards that are altered or replaced in order for them to serve as antenna support structures provided that said lights are not commercial (i.e., for-profit) in nature, and provided that said lights are placed/replaced as the same size, configuration, number of bulbs or degree of luminance as they previously existed prior to support structure modification/replacement.
(i)
Any publicly owned antennae or antenna support structures shall be permitted in any zoning district (e.g., public safety communications).
(j)
In all residential zoning districts (including, SF-1, SF-2, MF-M, MF-H, MH-1 and PD), commercial antennae and antenna support are prohibited, except as specified within this section.
(1)
A commercial antenna may be attached to a utility structure (e.g., electrical transmission/distribution tower, elevated water storage tank) provided that the utility structure exceeds fifty feet (50') in height and provided that the antenna does not extend more than ten (10) feet above the height of the utility structure (see subsection (c)(3) above).
(2)
A commercial antenna may be placed wholly within any building permitted in the zoning district (see subsection (c)(3) above). A commercial antenna may also be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design and it is not readily visible/identifiable as an antenna from public roadways or from neighboring residential properties.
(k)
In nonresidential zoning districts (including CBD, LC, TC, TC/LMI and MI) commercial antennae and antenna support structures are allowed as follows:
(1)
Commercial antenna support structures are allowed by right if they do not exceed the maximum building height allowed for the zoning district in which they are located. Structures in excess of the height allowed in the zoning district may be allowed by conditional use permit (CUP) provided the structure conforms in all other aspects of the base zoning district's regulations, and provided that all applicable setback requirements are satisfied. In all nonresidential zoning districts, antenna support structures must meet all setback requirements, particularly from residential zoning districts.
(2)
A commercial antenna may be attached to a utility structure (e.g., electrical transmission/distribution tower, elevated water storage tank) provided that the utility structure exceeds fifty (50) feet in height and provided that the antenna does not extend more than ten (10) feet above the height of the utility structure (see subsection (c)(3) above).
(l)
A commercial antenna may be placed wholly within any building permitted in the zoning district (see subsection (c)(3) above). A commercial antenna may also be mounted flush to the exterior of a building/structure if it is painted and/or disguised to integrate into the overall architectural design and it is not readily visible/identifiable as an antenna from public roadways or from neighboring residential properties.
(m)
The city council may consider the proximity to other telecommunication facilities when considering the placement and construction of other similar facilities.
(Ordinance O-02-2020, sec. 9-501, adopted 3/23/2020; 1997 Code, sec. 154.39; Ordinance O-06-2022 adopted 8/8/2022)
§ 9.03.111 General provisions.
Refer to each specific district.
(Ordinance O-02-2020, sec. 10-100, adopted 3/23/2020; 1997 Code, sec. 154.45)
§ 9.03.112 "TC/LMI" thoroughfare commercial/light manufacturing.
This district is intended to accommodate the development of commercial enterprises exclusive of warehousing, manufacturing, storage and industrial uses, such as fabrication of materials and specialized manufacturing and research institutions, all of a non-nuisance type.
(1)
Use regulations.
(A)
Uses permitted in the "TC/LMI" district are outlined in the commercial, manufacturing and industrial use chart.
(B)
Permitted uses shall not disseminate dust, fumes, gas, noxious odor, smoke, glare, or other atmospheric influence.
(C)
Permitted uses shall produce no noise exceeding in intensity, at the boundary of the property, the average intensity of noise of street traffic.
(D)
Machine shops and fabrication of metal of not more than ten (10) gauge in thickness.
(E)
Residential use will follow single-family 1 (SF-1) district regulations.
(2)
Area regulations.
(D)
Maximum lot coverage.
Seventy-five percent (75%).
(F)
Minimum masonry coverage.
Fifty percent (50%) of exterior facade with exposure to a street, unless conforming to branded business franchise building standards.
(G)
Parking regulations.
See off-street parking and loading standards.
(H)
Other regulations.
[Reserved.]
(Ordinance O-02-2020, sec. 10-200, adopted 3/23/2020; 1997 Code, sec. 154.46; Ordinance O-06-2022 adopted 8/8/2022)
§ 9.03.113 "MI" manufacturing and industrial district.
This district is intended to accommodate all types of industrial and warehousing uses, including oil and gas well servicing companies, and all other uses not prohibited by ordinance.
(1)
Use regulations.
Uses permitted in the "MI" district are outlined in the commercial, manufacturing and industrial use chart.
(2)
Area regulations.
(D)
Maximum lot coverage.
Seventy-five percent (75%).
(F)
Minimum masonry coverage.
Fifty percent (50%) of exterior facade with exposure to a street, unless conforming to branded business franchise building standards.
(G)
Parking regulations.
See off-street parking and loading standards.
(H)
Other regulations.
[Reserved.]
(Ordinance O-02-2020, sec. 10-300, adopted 3/23/2020; 1997 Code, sec. 154.47; Ordinance O-06-2022 adopted 8/8/2022)
§ 9.03.141 "PD" planned development district.
(a)
Use regulations.
This district is intended to encourage creative development of the land, to provide locations for well-planned comprehensive developments and to accommodate a variety of flexibility in the development patterns of the city. Land use can include well-planned comprehensive single-family housing developments as well as other commercial uses.
(b)
Approval procedures.
(1)
An application for a zoning change to a planned development district, or for approval of a development plan in an existing planned development district, shall be submitted in accordance with section 9.03.455 [9.03.454] of this article and article 9.02, Subdivision Code, of the city Code of Ordinances.
(2)
The procedures for hearing a request for a zoning change to a planned development district shall be the same as for a requested change to any other district, except for the requirement of a development plan approval.
(3)
Prior to the approval of a development plan, the city council shall request a recommendation from the commission concerning the proposed plan.
(4)
After receiving a report of the commission's recommendation, the city council shall hold a public hearing to consider approval of a development plan.
(c)
Development plan standards.
(1)
The development plan shall clearly indicate all significant features of the proposed development on an accurate scaled drawing, to include:
(A)
The boundaries of the area included in the plan surveyed by a competent licensed engineer or surveyor.
(B)
The total area of the plan.
(C)
All recorded or physically existing public and private right-of-way and easement lines located on or adjacent to the plan area.
(D)
The approximate topography of the plan area.
(E)
The proposed land uses and the approximate location of proposed buildings and other structures on the plan area site and structures and existing uses adjacent to said site.
(F)
The character and approximate density of all proposed uses in the plan area.
(G)
The approximate location and dimensions of all parking areas, malls, water bodies, open areas and recreational areas.
(H)
All streets, alleys, ways, including walkways, dedicated to public use, and the location of all utilities.
(I)
All areas reserved for common ownership with an indication of the particular properties, the owners of which will share the common ownership.
(J)
The location and type of walls, fences, screen planting and landscaping.
(K)
A plan, including side elevation drawings, showing location, size, height, orientation and design of all signs.
(L)
In multifamily, townhouse and commercial sections of the plan the location of each outside facility for waste disposal.
(M)
A development schedule, indicating the following:
(i)
The estimated date when development construction in the plan area shall commence;
(ii)
The stages, if any, in which the plan area will be developed and the estimated date each stage will commence;
(iii)
The estimated date of completion of each stage in the development; and
(iv)
The area and location of common open space that will be developed at each stage.
(2)
The development plan shall clearly indicate that the proposed development will be in complete accordance with all provisions of the applicable planned development district regulations.
(3)
Upon receipt of an approved development plan, the city secretary shall register with the county clerk a reproducible copy thereof.
(4)
All development plans registered and recorded thereof, shall hereunder be binding upon the applicant thereof, his successors and assigns, and control all building permits.
(5)
Prior to issuance of any building permits, the property shall be platted in accordance with the subdivision ordinance and platting policies of the commission and the city.
(d)
Use regulations.
A building or premises in this zoning district shall be used only for the following purposes:
(e)
Area regulations.
(1)
The area regulations of all use districts applicable to planned development districts shall be the same as those regulations which govern said uses in the most restrictive districts in which such uses are permitted, except as otherwise provided by specific planned development district regulations.
(2)
The minimum area of a planned development district project shall be eight (8) acres.
(f)
Special setback and yard regulations.
(1)
The minimum setback adjacent to a state highway either federally numbered or state numbered, shall be forty (40) feet from the right-of-way line.
(2)
The minimum setback adjacent to any federally numbered highway shall be one hundred (100) feet for any portion of any building which exceeds one story in height.
(3)
Yards on the boundaries of the "PD" district and abutting property not within the district shall be no less than the immediately adjacent required yard of such abutting property.
(g)
Special conditions.
(1)
No building permit shall be issued for the construction of any of the commercial uses permitted in the approved development plan until the completion of at least forty percent (40%) of the total number of dwelling units in the approved development plan.
(2)
The permanent character of common open space lands shall be insured by private reservation for the use and benefit of residents, by dedication to public use, or by a combination thereof. The owner shall maintain common open spaces not dedicated to public use thereof. Land required for common open space shall not include the following:
(3)
Sign regulations:
(A)
In this district, no sign shall be erected, placed, displayed, located or altered, except when in accordance with the requirements of the development plan.
(B)
The size, height, character and spacing of signs in planned development district shall not exceed the maximum as provided in division 3, part III, Sign Regulations hereof, unless specifically approved as a part of the development plan.
(4)
No building permit shall be issued and no use of land or buildings shall be made in the district until the same have been approved as a part of a final development plan in compliance with the procedures in accordance with the terms and conditions provided in this section.
(Ordinance O-02-2020, sec. 11-100, adopted 3/23/2020; 1997 Code, sec. 154.55)