No portion of a child care center site may be located within 300 feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive or highly combustible materials.

(Ord. of 1-10-2006, § 24.1.1)

Child care centers shall be located adjacent to a street having a pavement width of 27 feet or greater.

(Ord. of 1-10-2006, § 24.1.2)

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.

(Ord. of 1-10-2006, § 24.1.3)

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.

(Ord. of 1-10-2006, § 24.1.4)

All child care centers shall comply with the following standards:

(1)

All vehicular entrances and exits shall be clearly visible from the street.

(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.

(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 hours per day for an individual person.

(4)

In residential districts, a maximum of one-half of the required outdoor play space may be provided off-site. When an off-premises outdoor play area is utilized, it must be located within 100 feet of the child care facility premises and safely accessible without crossing, at grade, any major or secondary thoroughfare.

(5)

No child care center shall be part of a one-family or two-family dwelling.

(Ord. of 1-10-2006, § 24.1.5)

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 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 chapter or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard.

(Ord. of 1-10-2006, § 24.2)

No radio, television, or microwave tower shall be located within a distance equal to at least the height of such tower from any residential structure or from any area zoned residential, or shown as residential on the current comprehensive plan. Such distance shall be measured as the shortest possible distance in a straight line from the closest point of the tower to the closest point of such area or residence.

(Ord. of 1-10-2006, § 24.3.1)

No commercial, radio, television, or microwave reflector antenna support structure shall be closer to any residential district boundary line or any area shown as residential on the current comprehensive plan than a distance equal to the sum of the required yard specified for the zoning district in which such building or structure is located, plus 25 feet, plus twice the height of the portion of the structure above two stories. Such distance shall be measured as the shortest possible distance in a straight line from the structure to the closest point of such area or residence.

(Ord. of 1-10-2006, § 24.3.2)

The location of radio, television, or microwave reflectors, antennas, or support structures and associated foundations and any support wires shall be prohibited within any required front or side yard.

(Ord. of 1-10-2006, § 24.3.3)

All commercial communication operations or radio, television, or microwave reflectors, antennas, or structures shall be prohibited in residential districts.

(Ord. of 1-10-2006, § 24.3.4)

All commercial signs, flags, lights and attachments other than those required for communications operations, structural stability, or as required for flight visibility by the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) shall be prohibited.

(Ord. of 1-10-2006, § 24.3.5)

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 article III, division 9, of this chapter. 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.

(Ord. of 1-10-2006, § 24.4)

Garden (patio) home developments shall be developed as zero lot line homes. One side yard shall be reduced to zero feet, while the other side yard shall be increased to a minimum of ten feet. A minimum three-foot wide maintenance easement shall be placed on the adjacent lot to enable the property owner to maintain his house. Side yards and maintenance easements shall be placed on the subdivision plat. A minimum separation between patio homes of ten feet shall be provided. The combined area of all structures shall not exceed 65 percent of the lot area.

(Ord. of 1-10-2006, § 24.5.1)

The minimum front yard setback shall be 15 feet, provided that in no case shall a garage or carport fronting onto a street be less than 20 feet from the property line adjacent to the street. The front yard setback may be staggered, varied, or reduced to a minimum setback of ten feet for lots facing cul-de-sac or loop streets not exceeding 400 feet in length, with the approval of a site plan or subdivision plat. Under this provision, the maximum setback shall be 25 feet. A minimum lot depth of 65 feet, as measured from front building line to the rear lot line, shall be maintained.

(Ord. of 1-10-2006, § 24.5.2)

The minimum rear yard setback shall be five feet for a single story structure and 15 feet for any two story structure. If access is from an alley, the minimum setback will be 20 feet for garages or carports.

(Ord. of 1-10-2006, § 24.5.3)

The minimum side yard setback shall be zero feet, except that there shall be at least ten feet of separation between structures. When garden (patio) homes are constructed with a zero side yard, five feet on the lot adjacent to the zero setback shall be dedicated as an access easement for the zero setback garden (patio) home. There shall be a minimum of 20 feet from any property line adjacent to a street.

(Ord. of 1-10-2006, § 24.5.4)

The minimum frontage of any garden (patio) home shall be 25 feet on residential streets and 35 feet on collector and thoroughfare streets.

(Ord. of 1-10-2006, § 24.5.5)

The minimum lot area for any development lot for garden (patio) homes shall be 2,800 feet.

(Ord. of 1-10-2006, § 24.5.6)

No zero lot line structure shall have an overall length exceeding 250 feet.

(Ord. of 1-10-2006, § 24.5.7)

No structure shall exceed two stories or 35 feet in height.

(Ord. of 1-10-2006, § 24.5.8)

Two off-street spaces per dwelling unit, plus one-half space per dwelling unit for visitor parking within 600 feet of each dwelling unit. The visitor parking requirements may be eliminated or reduced at the time of site plan or subdivision plat approval with a finding that there is adequate on-street parking for visitors.

(Ord. of 1-10-2006, § 24.5.9)

To ensure the long-term maintenance of common land and facilities in patio home developments, the following shall be required:

(1)

Plats and site plans shall be approved subject to the submission of a legal instrument setting forth a plan or manner of permanent area and maintenance of open spaces, recreational areas and other communally owned facilities. No such instrument shall be acceptable until approved by the city attorney as to legal form and effect. A homeowners association (HOA) is the most widely accepted technique for managing commonly owned property. Such association shall provide proof of incorporation prior to issuance of a construction permit.

(2)

The HOA or other similar management entity shall be organized as a nonprofit corporation with automatic membership in the management entity when property is purchased. This shall be specified in the covenants which run with the land and which bind all subsequent owners. Covenants for maintenance assessments shall also run with the land. Included in the maintenance covenants shall be procedures for changing them at stated intervals. Deeds shall also reference the rights and responsibilities of property owners to the management entity. The management entity shall also be responsible for liability insurance, local taxes, and the maintenance of all commonly held facilities through the use of a pro-rate formula for all property owners.

(Ord. of 1-10-2006, § 24.5.10)

Each parcel of land developed under patio home standards shall provide usable open space totaling 15 percent of the area of a patio home development. Such open space shall have a maximum slope of ten percent and shall be exclusive of street and alley rights-of-way and/or easements, individually platted lots without open space easements, private yards and patios. The 15 percent shall be computed on the percentage of total platted area in a patio home subdivision, excluding right-of-way for major and secondary thoroughfares (as described in the current comprehensive plan). At the time of site plan and/or subdivision plat approval, the city council may give full or partial credit for open areas that exceed the maximum slope or which are otherwise unusable if it is determined that such areas are environmentally or aesthetically significant and that their existence enhances the development.

(Ord. of 1-10-2006, § 24.5.11)

In addition to any required landscaping for common areas, the front yard and parkway areas shall be landscaped and permanently maintained.

(Ord. of 1-10-2006, § 24.5.12)

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 30 feet apart and no balcony or canopy shall extend into such court area for a distance greater than five feet.

(Ord. of 1-10-2006, § 24.6.1)

(a)

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 42-3), in accordance with the table below:

(b)

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.

(c)

In meeting this requirement, a credit of three square feet may be applied for each square foot utilized for swimming pools and adjacent decks, patios, or lounge areas within ten 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 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 50 percent of the total usable open space for an individual lot or parcel of land.

(d)

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.

(Ord. of 1-10-2006, § 24.6.2)

Gasoline service station pump islands may not be located nearer than 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 feet to the property line.

(Ord. of 1-10-2006, § 24.7)

It is the purpose of the provisions in this division 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.

(Ord. of 1-10-2006, § 24.8(intro.))

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.

(Ord. of 1-10-2006, § 24.8.1)

A swimming pool erected below ground or above ground with a depth of two feet or greater may be constructed and operated when:

(1)

The pool is not located in any required front or side yard abutting a street;

(2)

A wall or fence, not less than six 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;

(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 adjacent properties;

(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

(5)

The swimming pool is no closer than eight feet from any property line.

(Ord. of 1-10-2006, § 24.8.2)

Metal fences shall not be allowed in the required front yard in any district.

(Ord. of 1-10-2006, § 24.9.1)

No fence or hedge shall exceed three feet height in the required front yard in any district.

(Ord. of 1-10-2006, § 24.9.2)

No fence shall exceed eight feet in height.

(Ord. of 1-10-2006, § 24.9.3)

Fences shall be constructed of customary urban fencing materials and shall be aesthetically consistent with buildings and fences in the area.

(Ord. of 1-10-2006, § 24.9.4)

Tattoo and/or body piercing studios shall only be located on property zoned C-2, General Commercial District, with a special use permit for such use or uses.

(Ord. of 1-10-2006, § 24.10.1; Ord. No. 07-06, § 2(24.10), 6-26-2007)

Site plan approval by the planning and zoning commission and city council is required for any tattoo and/or body piercing studios.

(Ord. of 1-10-2006, § 24.10.2; Ord. No. 07-06, § 2(24.10), 6-26-2007)

Any tattoo and/or body piercing studio shall be in full compliance with V.T.C.A., Health and Safety Code ch. 146, as amended, the provisions of which are incorporated by reference. All definitions contained in V.T.C.A., Health and Safety Code ch. 146, as amended, shall apply and those establishments governed by said chapter 146 or licensed pursuant to said chapter 146 are required to receive a special use permit prior to operation in the city. The failure to show or obtain a license from the state department of health services, or successor agency, shall constitute grounds for the denial of a special use permit for a tattoo and/or body piercing studio. No special use permit shall be granted for a tattoo and/or body piercing studio if a state-issued license has not yet been obtained by an applicant for a special use permit.

(Ord. of 1-10-2006, § 24.10.3; Ord. No. 07-06, § 2(24.10), 6-26-2007)