(a)

Purpose. The purpose of the conditional use permit process is to identify those land uses that may be appropriate within a zoning district but, due to their location, function or operation, could have a harmful impact on adjacent properties or the surrounding area, and to provide a procedure whereby such uses may be permitted by further restricting or conditioning the same so as to mitigate or eliminate such potential adverse impacts. The conditional use permit runs with the land, regardless of ownership, until termination of the permit.

(b)

Planning and zoning commission consideration.

(1)

Application. Only the landowner may apply for a conditional use permit. The application for a conditional use permit shall be submitted on a form provided by the planning and development director and shall be accompanied by a site plan in the form provided under paragraph (2) of this subsection. The application shall be filed with the planning and zoning commission, together with the application fee and all required attachments, not less than thirty (30) days prior to the meeting at which the applicant wishes to have his or her request considered.

(2)

Site plan. The application for a conditional use permit shall be accompanied by four (4) copies of a site plan, if a site plan is required by the director of planning and development department. The plan and analysis information shall be on a single sheet; additional sheets may be used for details and prospective views. The site plan shall conform to the following:

(A)

The site plan shall be a line drawing clearly describing the project, and shall include adequate labeling and dimensioning of all fundamental features of the project. An appropriate title shall identify the project and its nature and the site plan shall include the legal description of the property together with the north point and date, and shall be drawn to a scale of not less than one (1) foot = one hundred (100) inches.

(B)

Typical features that shall be included are: property lines; rights-of-way for streets, alleys, and easements; building lines; building setback lines; curb lines; parkways and sidewalks; driveway openings; buildings and/or structures; open space; the number and size of parking spaces; streets; street names; section lines; building heights in feet and stories; size and height of signs; service areas; lighting and landscaping.

(C)

A site plan shall be accompanied by a narrative description of the use being requested to include, without limitation, a description of activity to be conducted on the site, the projected number of employees, the hours of operation, estimated number of trips generated to and from the site each day, and the establishment's maximum capacity.

(3)

Notice and hearing. For purposes of giving notice and conducting a public hearing, applications for conditional use permits shall be treated as a rezoning request under section 31-39 of this chapter.

(4)

Report by planning and zoning commission. Following proper application, notice to affected landowners and a public hearing, the planning and zoning commission shall make a report and recommendation to the city council. The report shall specify such restrictions or conditions for approval as the planning and zoning commission may deem appropriate to comply with the criteria listed below. If a site plan is conditionally approved by the planning and zoning commission, a corrected site plan shall be filed with the planning and development department no later than five (5) business days after the commission's action.

(5)

Criteria for approval. The planning and zoning commission may recommend approval of a conditional use permit by majority vote, but shall recommend disapproval of an application if it finds one (1) or more of the following, or other valid justifications, to be true:

(A)

The proposed use will be incompatible with existing or permitted uses on surrounding sites because of use, building height, bulk and scale, setbacks and open spaces, coverage, landscaping and screening, drainage, or access and circulation features;

(B)

The proposed use is not suitable to the premises or structure(s) in which it will be conducted;

(C)

The proposed use will be detrimental to the public health, safety or welfare, or will negatively affect the property or improvements in the vicinity;

(D)

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

(E)

The proposed use will materially and adversely affect traffic control or adjacent properties by inappropriate location, lighting or types of signs; or

(F)

The proposed use fails to provide adequate and convenient off-street parking and loading facilities.

(c)

City council consideration.

(1)

Generally. The city council shall consider the application at the next available meeting scheduled after it has received the final report and recommendation of the planning and zoning commission and a corrected site plan, if applicable. The city council may approve the application with or without conditions, deny the application, postpone the matter for future consideration, or refer the application back to the planning and zoning commission for further study and recommendation.

(2)

Protest. Protests shall be received and processed in accordance with subsection 31-39(d) of this chapter.

(3)

Conditions of approval. Regardless of whether such conditions have been recommended by the planning and zoning commission, the city council may establish such conditions of approval as are reasonably necessary to insure compatibility with surrounding uses and to preserve the public health, safety and welfare. Such conditions may include, without limitation, a limited term or duration of the permit; requirements for special yards, lot sizes, open spaces, buffers, fences, walls or screening; requirements for the installation and maintenance of landscaping or erosion control measures; requirements for street improvements, regulation of vehicular ingress or egress and traffic circulation, regulation of signs; regulation of hours or other characteristics of operation; establishment of development schedules for performance or completion; and such other reasonable conditions as the city council may deem necessary to preserve the health, safety, and welfare of the applicant and the public.

(4)

Ordinance required. If the application is approved by the city council, an ordinance authorizing its issuance and setting forth the conditions of approval shall be executed by the mayor.

(5)

Submission of application following disapproval. No application for a conditional use permit which has failed to be approved by the city council shall be again considered either by the city council or the planning and zoning commission before the expiration of one (1) year from the date of the original rejection. City council's failure to approve an application shall be considered the same as disapproval for purposes of this paragraph.

(d)

Record of permits. The planning and development department shall maintain a record of all conditional use permits granted by the city.

(e)

Term.

(1)

A conditional use permit shall continue in full force and effect until the earliest occurrence of any of the following events of termination, at which time it shall be void and shall have no further effect:

(A)

The building or premises is not put to the permitted use for a period of one (1) year or more from the effective date of the ordinance authorizing issuance of the permit or the permitted use ceases for any one (1) year period;

(B)

The permit expires by its own terms;

(C)

The property is rezoned;

(D)

Another conditional use permit is approved for the site;

(E)

The building or premises is substantially enlarged or extended;

(F)

The use of the building or premises is materially expanded or increased; or

(G)

The violation of any one (1) or more of the conditions of approval.

(2)

For purposes of this section the planning and development director shall have the authority, subject to review by the city council, to determine whether an event of termination has occurred in relation to the events of termination listed under subsection 31-456 (e)(1)(A), (E), (F) and (G) above. Whenever the planning and development director makes a formal determination as to whether an event of termination has occurred, he/she shall promptly make and forward a written report to the city council describing the facts surrounding such determination and the reasons for such determination. Written notice of this determination, the reasons therefore and the landowner's right to appeal this determination shall also be forwarded via certified mail, return receipt requested, to the landowner of record. Notice is presumed to have been received five (5) days after the mailing of such notice. Notice shall not be provided following the occurrence of an event of termination listed under subsection 31-456(e)(1)(B), (C) or (D) above.

(3)

Appeal. Upon receipt of written notice of a termination under this section a landowner shall have thirty (30) days to duly file a written request to appeal the planning and development director's determination to the city council. Such written request shall be filed with the planning and development department and shall be scheduled for the next available city council meeting. City council's determination shall be final. Notwithstanding the landowner's right to appeal, city council, upon receipt of the written report from the planning and development director may unilaterally reconsider the determination. All city actions relating to the termination of a conditional use permit shall be stayed following filing of the written request for appeal, or following notice of city council's determination to unilaterally reconsider the determination, until city council consideration is final. No appeal shall be available following the occurrence of an event of termination listed under subsection 31-456(e)(1)(B), (C) or (D) of this section.

(f)

Violations of conditional use permit. Violations of any conditions imposed by an issued conditional use permit or continuing a use following termination of a conditional use permit authorizing the same shall be enforced in accordance with section 31-7 of this chapter and section 1-8 of this code.

(g)

Existing special or specific use permits. All properties with a specific or special use permit in effect prior to the effective date of the ordinance from which this paragraph is derived shall continue to be allowed to be used for the uses that are permitted under, and according to, the terms of the permit and the previous regulations of the specific or special use permit provisions that existed prior to the effective date of the ordinance from which this paragraph is derived until such time as the permit expires or is otherwise terminated or revoked by the city. Additionally, all holders of existing special or specific use permits as of the date of the ordinance from which this paragraph is derived shall be entitled to apply for the same type of permit currently held once within one (1) year of the expiration thereof. This right to apply shall not be construed as limiting the city council's discretion or right to deny such application upon presentation.

(Code 1963, Ch. 9, art. 2, § 15-1; Ord. No. 88-114, § IV, 12-13-88; Ord. No. 88-115, § IV, 12-13-88; Ord. No. 93-102, § V, 11-9-93; Ord. No. 97-62, § I, 11-25-97; Ord. No. 99-47, § III, 6-8-99; Ord. No. 00-52, § I, 6-27-00; Ord. No. 04-87, §§ VI, VII, 10-19-04; Ord. No. 05-40, § III, 5-24-05; Ord. No. 10-059, § II, 9-28-10; Ord. No. 25-030, § I, 5-20-25)

(a)

The owner or owners of a tract of land in district "R-3", "R-3F," or "R-3A" may submit to the city planning and zoning commission a plan for the use and development of the tract of land for residential purposes. If the commission approves the development plan, the plan, together with the recommendations of the commission, shall then be submitted to the city council for consideration and approval. The recommendations of the commission shall be accompanied by a report stating the reasons for approval of the application and that the plan conforms to the requirements of district "R-3," "R-3F," or "R-3A" as to:

(1)

Height and yard requirements for buildings along boundary streets.

(2)

Lot area per family, exclusive of streets.

(b)

Subject to the above, variations in yard requirements and in the number of main buildings per lot may be permitted. If the council approves the plan, building permits may be issued, even though the location of buildings to be erected in the area and the yard and open spaces contemplated by the plan do not conform in all respects to the district regulations of the district in which it is located. The purpose of this provision is to make possible the development of garden-type multifamily projects, in accordance with the intent and purpose of this chapter.

(Code 1963, Ch. 9, art. 2, § 15-3; Ord. No. 05-101, § II, 10-25-05; Ord. No. 10-003, § VII, 2-9-10)

(a)

The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors, flagpoles, electric display signs and necessary mechanical appurtenances.

(b)

Public or semi-public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding sixty (60) feet and churches and other places of worship may be erected to a height not exceeding seventy-five (75) feet when each of the required yards are increased by one (1) foot for each foot of additional building height above the height regulations for the district in which the building is located.

(c)

No structure may be erected to a height in excess of that permitted by the regulations of such airfield zoning ordinance as may exist at the time and whose regulations apply to the area in which the structure is being erected.

(Code 1963, Ch. 9, art. 2, § 14-1)

(a)

Where twenty-five (25) percent or more of the frontage upon the same side of a street between two (2) intersecting streets is occupied or partially occupied by a building or buildings with front yards of less depth than required by this chapter, or where the configuration of the ground is such that conformity with the front yard provisions of this chapter would create a hardship, the board of adjustment may permit modifications of the front yard requirements.

(b)

In districts "R-1," "SF-2," "R-2," or "R-3," "R-3F," or "R-3A" where twenty-five (25) percent or more of the frontage upon the same side of a street between intersecting streets is occupied or partially occupied by a building or buildings having front yards of greater depth than is required by this chapter, no other lot upon the same side of such street between such intersecting streets shall be occupied by a building with a front yard of less than the least depth of any such existing front yards, unless by permission of the board of adjustment.

(c)

Regarding the main building, open and unenclosed terraces or porches and eaves and roof extensions may project into the required front yard for a distance not to exceed four (4) feet; provided, however that no supporting structure other than columns up to twelve (12) inches square/radius for such extensions may be located within the required front yard. An unenclosed canopy for a gasoline filling station may extend beyond the building line but shall never be closer to the property line than twelve (12) feet.

(d)

Where an official line has been established for future widening or opening of a street upon which a lot abuts, then the width of a front or side yard shall be measured from such official line to the nearest line of the building.

(Code 1963, Ch. 9, art. 2, § 14-2; Ord. No. 93-102, § VI, 11-9-93; Ord. No. 10-003, § VII, 2-9-10; Ord. No. 19-007, § I, 2-26-19)

(a)

On a corner lot the width of the yard along the side street shall not be less than any required front yard on the same side of such street between intersecting streets; provided, however, that the buildable width of a lot of record shall not be reduced to less than thirty (30) feet.

(b)

No accessory building shall project beyond a required yard line along any side street except for residentially used or zoned property, a storage shed with a maximum overall height of eight (8) feet, may be placed five (5) feet from a side street property line.

(c)

For the purpose of side yard regulations, a two-family dwelling or multifamily dwelling shall be considered as one (1) building occupying one (1) lot.

(d)

Where a lot of record at the time of the effective date of the ordinance from which this section is derived is less than fifty (50) feet in width the required side yard may be reduced to provide a minimum buildable width of thirty (30) feet; provided, however, that no side yard shall be less than five (5) feet.

(e)

The area required in a yard shall be open to the sky, unobstructed except for the ordinary projections of windowsills, belt courses, cornices or other ornamental features and item (b) above.

(f)

A roof overhang, an open fire escape or an outside stairway may project not more than three (3) feet into a required side yard, but no closer than three (3) feet to a property line.

(Code 1963, Ch. 9, art. 2, § 14-3; Ord. No. 19-007, § I, 2-26-19)

Accessory buildings or structures to residential uses shall be limited to twenty (20) feet in height and in sum shall not occupy more than twenty-five (25) percent of the area when located in a required rear yard, however no accessory building or structure shall be closer than five (5) feet to the main building, nor closer than five (5) feet to any rear lot line or five (5) feet to any interior side lot lines. In-ground swimming pools and above ground swimming pools shall be located only within the side yard or rear yard and shall not be placed in the front yard or the side street yard, exclusive of any publically dedicated utility or drainage easements, and shall be no closer than five (5) feet from any side lot line and ten (10) feet from any rear lot line.

Regarding the main building, open and unenclosed terraces or porches and eaves and roof extensions may project into the required front yard for a distance not to exceed four (4) feet; provided, however that no supporting structure other than columns up to twelve (12) inches square/diameter for such extensions may be located within the required front yard. An unenclosed canopy for a gasoline filling station may extend beyond the building line but shall never be closer to the property line than twelve (12) feet. Regarding sheds and accessory buildings, caves and roof extensions may project up to one (1) foot into the zoning setbacks above.

(Code 1963, Ch. 9, art. 2, § 14-4; Ord. No. 83-37, § 1, 6-28-83; Ord. No. 16-001, § I, 1-12-16; Ord. No. 19-007, § I, 2-26-19)

This section applies only to properties meeting the criteria outlined in V.T.C.A., Local Government Code § 211.052(a)(2) but is not applicable to those properties outlined in V.T.C.A., Local Government Code § 211.052(b). In this section, "small lot" means a residential lot that is four thousand (4,000) square feet or less.

(1)

Except as provided in V.T.C.A., Local Government Code § 211.055(a-1), the lot-size requirements for a property in which this section applies shall be as follows:

a.

Lot area. The size of the lot shall not be less than three thousand (3,000) square feet.

b.

Lot width. The width of the lot shall not be less than thirty (30) feet.

c.

Lot depth. The depth of the lot shall not be less than seventy-five (75) feet.

(2)

For a small lot, the following shall apply:

a.

Size of yards.

1.

Front yard. There shall be a front yard having a depth of not less than fifteen (15) feet.

2.

Side yard. There shall be a side yard on each side of the lot having a width of not less than five (5) feet.

3.

Rear yard. There shall be a rear yard having a depth of not less than ten (10) feet.

b.

Impermeable surface. In no event shall impermeable surfaces exceed seventy (70) percent of the area of a lot.

c.

Architectural elements. The architectural and site design regulations contained in this Chapter do not apply. However, the following architectural elements are required:

1.

Enhanced windows. Windows on the front elevation shall incorporate at least one (1) window enhancement, including: transoms, bay windows, shutters, dormers, eyebrow windows, headers, or other similar window enhancements.

2.

Covered front entry. A covered front entry at least forty (40) square feet in area shall be provided.

3.

Repetition. Single-family homes of the same elevation shall not be placed within two (2) lots on the same side of the street, or directly across the street from one another. For purposes of this section, elevations shall be substantially different in terms of shape, massing, and form. The same elevation with different materials, different architectural features, or different fenestration shall not be considered a different elevation for purposes of this section. Mirrored elevations shall not be considered different elevations for purposes of this section.

d.

Off-street parking. All small lots must contain at least one (1) off-street parking space per residential unit. If the small lot is less than forty (40) feet in width, then said parking space and garage, if provided, shall be accessed from the rear of the lot via an alley.

(Ord. No. 25-046, § I, 8-19-25)

To secure safety from fire, panic and other dangers; to lessen congestion in the streets; to facilitate the adequate provisions of transportation; to conserve the value of buildings; and to encourage the most appropriate use of land, minimum off-street parking and loading areas shall be provided as set forth in the following schedules and provisions.

(Code 1963, Ch. 9, art. 2, § 13-1)

(a)

Parking spaces and loading berths required in this division, together with aisles and maneuvering area, shall have an all-weather surfacing, enclosed or unenclosed, and shall be connected by an all-weather surfaced driveway to a street or alley.

(b)

In determining the required number of parking spaces, fractional spaces shall be counted to the nearest whole space. Parking spaces located in buildings used for repair garages or auto laundries shall not be counted as meeting the required minimum parking.

(c)

The floor area of structures devoted to off-street parking of vehicles shall be excluded in computing the floor area for off-street parking requirements.

(d)

Where a lot or tract of land is used for a combination of uses, the off-street parking requirements shall be the composite or sum of the requirements for each type of use and no off-street parking space provided for one (1) type of use or building shall be included in calculation of the off-street parking requirements for any other use or building.

(e)

Off-street parking. The following provisions shall apply to all parking adjacent to a public thoroughfare:

(1)

Parking spaces so situated that the maneuverings of a vehicle in entering or leaving such spaces is done on a public street shall not be classified as off-street parking in computing any parking requirements herein, except in "R-1," "SF-2," "RM-1," "R-2," "RT-1," "R-MP," and "R-MS" uses.

(2)

The construction of parking as described in (1) above shall be prohibited hereafter. All such parking facilities in existence at the time of the enactment of this section are hereby declared to be a nonconforming use of land subject to the provisions of section 16 of the 1963 zoning ordinance, which are hereby declared a part of this section as if contained herein.

(f)

No off-street parking space shall be located, either in whole or in part, in a public street or sidewalk, parkway, alley or other public right-of-way. Maneuvering areas located adjacent to a public street shall be computed from the curb line of the street. Sidewalk areas shall be a minimum of four (4) feet wide and shall be permanently designated. All sidewalks shall be located on public property.

(g)

No off-street parking or loading space shall be located, either in whole or in part, within any fire lane required by ordinance of the city or within aisles, driveways or maneuvering areas necessary to provide reasonable access to any parking space, except in "R-1" and "R-2" districts.

(h)

No required off-street parking or loading space shall be used for sales, nonvehicular storage, repair or service activities.

(i)

All outdoor lighting shall comply article V, division 12 of this chapter.

(j)

On required parking lots provided for thirty (30) cars or more, excluding section 31-489, subsection (1)a. through g., there shall be provided, for an uncovered parking area, sufficient lighting to provide a minimum of one (1) footcandle of light on the surface of the parking lot at any location, and a minimum of five (5) footcandles of lighting on the parking surface of a covered parking facility. (Reference: Illuminating Engineering Society Handbook, section 14)

(k)

The minimum time of operation of the required lighting shall be between the hours of sundown and one (1) hour past the posted hours of operation of the business.

(Code 1963, Ch. 9, art. 2, § 13-2 [Ord. No. 70-69, 12-14-70]; Ord. No. 92-81, § I, 11-10-92; Ord. No. 93-102, § VII, 11-9-93; Ord. No. 96-63, § IV, 8-13-96; Ord. No. 06-48, § IV, 5-9-06; Ord. No. 24-016, § I, 5-14-24)

In all districts there shall be provided, in connection with appropriate permitted uses, off-street vehicle parking spaces in accordance with the following requirements:

(1)

In any district, there shall be provided on each single-family residential lot two (2) vehicle parking spaces of not less than one hundred eighty (180) square feet each, open or enclosed.

(2)

In all districts where such use is permitted, there shall be provided on any lot devoted to multifamily residential use parking spaces of not less than one hundred eighty (180) square feet, as provided in section 31-489.

(3)

Required off-street parking for residential uses shall be provided on the lot or tract occupied by the principal use, except in townhouse subdivisions ("RT-1"), where one (1) of the required spaces may be within one hundred (100) feet of each lot or tract.

(4)

Required off-street parking for permitted nonresidential uses in the "R" district and for permitted uses in all other districts shall be provided on the lot or tract occupied by the principal use or upon a lot or tract under the same ownership in fee simple or under a perpetual easement which commits the land for parking for the use, building or structure. Such off-premises parking shall be consolidated under a single certificate of occupancy with the principal use. Such parking facility shall be located in the same zoning district as the principal use; provided, that the zoning board of adjustment may permit a parking facility, as a special exception, under such regulations and conditions as the board may deem advisable, when:

a.

The proposed parking facility is on a site within three hundred (300) feet of the principal use property; and

b.

The principal use is located in an "R" district and the proposed parking facility is located in one (1) of such districts; or

c.

The principal use is located in a "B-3" or less restrictive district and the proposed parking facility is located in one (1) of such districts.

In the granting of such special exception, the board shall approve the location of entrances and exits to parking areas, and may require screening devices along parking area boundaries.

(5)

In all districts where such use is permitted, there shall be provided for nonresidential use, parking spaces of not less than one hundred eighty (180) square feet, as provided in section 31-489, except on property zoned "BL-1" parking spaces shall be two hundred forty (240) square feet or twenty (20) feet by twelve (12) feet. Such parking spaces shall be striped or otherwise clearly designated on the parking surface, and shall not include any fire lane or other area necessary for aisles or maneuvering of vehicles.

(6)

No publicly owned property may be considered by the owner of any private property in determining whether or not his property meets the parking and loading requirements of this chapter.

(7)

No entrance or exit to any parking facility for any property in zoning district "BL-1" shall be located within fifty (50) feet of any intersection of any public streets.

(8)

Special parking district "A" is hereby created and is described as an area bounded by the innermost rights-of-way or straight line extensions of the rights-of-way of Avenue G, Park Street, Green Avenue and 12 ^th Street. No off-street parking shall be required within special parking district "A."

(Code 1963, Ch. 9, art. 2, § 13-3 [Ord. No. 76-46, § 11, 8-10-76; Ord. No. 82-76, 12-28-82; Ord. No. 87-71, § 1, 9-22-87]; Ord. No. 93-53, § I, 6-22-93)

(Code 1963, Ch. 9, art. 2, § 13-3; Ord. No. 96-63, § IV, 8-13-96; Ord. No. 02-48, § IV, V, VI, VII, 9-24-02; Ord. No. 10-003, § V, 2-9-10)

(a)

Ninety-degree-angle parking. Each ninety-degree-angle parking space shall be not less than nine (9) feet wide nor less than twenty (20) feet in length. Maneuvering space shall be in addition to parking space and shall be not less than twenty-four (24) feet perpendicular to the building or parking line. Maneuvering space adjacent to a public street shall be computed from curb line of the street and shall be not less than twenty-four (24) feet perpendicular to the building or parking line.

(b)

Sixty-degree-angle parking. Each sixty-degree-angle parking space shall be not less than nine (9) feet wide perpendicular to the parking angle nor less than nineteen (19) feet in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than twenty (20) feet perpendicular to the building or parking line. Maneuvering space adjacent to a public street shall be computed from curb line of the street and shall be not less than twenty (20) feet perpendicular to the building or parking line.

(c)

Forty-five-degree-angle parking. Each forty-five-degree-angle parking space shall be not less than eight (8) feet wide perpendicular to the parking angle nor less than eighteen (18) feet in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than eighteen (18) feet perpendicular to the building or parking line. Maneuvering space adjacent to a public street shall be computed from curb line of the street and shall be not less than eighteen (18) feet perpendicular to the building or parking line.

(d)

When off-street parking facilities are located adjacent to a public alley, the width of the alley may be assumed to be a portion of the maneuvering space requirement. When maneuvering space is located adjacent to a public street and no curb line exists or no curb is required, the future curb line shall be located by the city engineer.

(e)

Where off-street parking facilities are provided in excess of the minimum amounts herein specified, or when off-street parking facilities are provided but not required by this chapter, off-street parking facilities shall comply with minimum requirements for parking and maneuvering space herein specified.

(Code 1963, Ch. 9, art. 2, § 13-4)

Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary, or any other use similarly involving the receipt or distribution by vehicles or materials or merchandise, shall provide and maintain on the same premises loading space in accordance with the following requirements:

(1)

In districts "M-1" and "M-2," one (1) loading space for each ten thousand (10,000) feet or fraction thereof, floor area in the building.

(2)

In districts "B-1," "B-2," "B-3," "B-4" and "B-5," one (1) loading space for the first five thousand (5,000) to fifteen thousand (15,000) square feet of floor area in the building and one (1) additional loading space for each fifteen thousand (15,000) square feet, or fraction thereof, of floor area in excess of fifteen thousand (15,000) square feet.

(3)

Each required loading space shall have a minimum size of ten (10) feet by twenty-five (25) feet.

(Code 1963, Ch. 9, art. 2, § 13-5 [Ord. No. 70-52, § 3, 8-28-70; Ord. No. 76-15, §§ 3,4, 3-23-76])

The purpose of this division is to permit such signs that will not by their reason, size, location, construction, or manner of display, endanger the public safety, confuse, mislead or obstruct the vision necessary for traffic safety or otherwise endanger public health, safety and morals, and to permit and regulate signs in such a way as to support and complement land use objectives set forth in this chapter.

(Code 1963, Ch. 9, art. 2, § 36-1 [Ord. No. 83-73, § 1, 12-13-83])

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign shall mean any lawfully erected on-premises sign where the business or activity has ceased to operate on the premises where the sign or sign structure is located for more than one (1) year on non-leased property or for more than two (2) years on leased property, or a lawfully erected temporary or portable sign where the time period allowed for display of the sign has expired.

Banner sign shall mean any non-permanent sign usually made from cloth, vinyl or similar material denoting a business related advertisement, name, message, design, emblem, symbol or color that is suspended or displayed for advertisement, or to attract attention.

Bench sign shall mean a sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.

Changeable electronic variable message sign (CEVMS) shall mean an off-premises sign which permits light to be turned on or off periodically or which is operated in a way whereby light is turned on or off periodically, including any illuminated sign in which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign that varies in intensity or color. A CEVMS sign does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD), as amended and approved by the Federal Highway Administration as the National Standard.

Dilapidated or deteriorated shall mean any sign:

a.

Where elements of the sign surface or background have portions of the finished material missing, broken or otherwise existing in a condition that they are illegible;

b.

Where the structural support or frame members are visibly bent, broken, dented, torn or loose;

c.

Where the exterior of the support, frame members or sign have rust, corrosion or missing protective coating;

d.

Where the sign panel is visibly cracked, faded or, in the case of wood and similar products, splintered in such a way as to constitute an unsightly or harmful condition;

e.

Where the sign or its elements are twisted, leaning or are at angles other than angles that the sign was originally erected (i.e.: a sign that is out of vertical or horizontal alignment as a result of, for example, being blown over or due to the failure of a structural support); or

f.

Where the sign or its elements are not in compliance with the requirements of the adopted electrical code and/or the building code.

Electronic message display sign (EMD) shall mean an on-premises sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means.

Flag shall mean a piece of material designed to wave, usually rectangular, and secured by one side only.

Ground sign shall mean any permanent sign supported by uprights, braces, or poles and attached to the ground.

Illegal sign shall mean a sign that does not meet the requirements of this division or an ordinance in effect at the time the sign was erected, as applicable.

Illuminated sign shall mean any sign which has characters, letters, figures, designs, or outlines illuminated by electric lights or luminous tubes whether such sources of illumination are a part of a sign or not.

Inflatable sign shall mean an individual inflatable device, with or without a specific message, figure or design attached to its surface, that is used or intended to be used to attract attention. For the purpose of this division, an inflatable sign shall be considered a temporary sign.

Maintenance shall mean the cleaning, painting and/or repairing of sign parts, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign. Maintenance does not include changing the design of the sign's support construction, changing the type of component materials, or increasing the illumination.

Monument sign shall mean a permanent ground sign where the entire bottom of the sign is affixed directly to the ground, but not affixed to a building, pole, or any other structure.

Multi-tenant ground sign shall mean a permanent ground sign located on premises where two (2) or more separate tenancies share the same parcel and/or building.

Mural shall mean any visual depiction or work of art including mosaic, painting or graphic art technique applied, painted, implanted or placed directly onto the exterior of any wall of a building. Such depictions shall not contain words, logos, emblems, trademarks or other similar devices which identify or advertise any product, service or business. Provided, however, such depictions may include a signature or sponsor's identification area within the depiction so long as such area does not exceed ten (10%) percent of the total size of the depiction, or two and one-half (2½%) percent of the surface area of the wall that the mural is attached to or painted upon, whichever is less. A mural shall not be considered a sign.

Nonconforming sign shall mean a lawfully erected sign that does not comply with the provisions of this division or other rule enacted at a later date, or that later fails to comply with a law or rule due to changed conditions.

Off-premises sign shall mean a sign visible from any public traveled road or street displaying advertising or other copy that pertains to any business, person, organization, activity, event, place, service or product not manufactured, sold or provided on the same premises on which the sign is located.

On-premises sign shall mean a sign displaying advertising or other copy that pertains only to a business, person, organization, activity, event, place, service, or product manufactured, sold or provided on the same premises on which the sign is located. On-premises signs may include information pertaining to civic and registered non-profit organizations. An existing on-premises sign cannot be converted to a nonconforming off-premises sign subsequent to the effective date of the ordinance from which this section is derived.

Outdated copy face shall mean copy mounted on an off-premise sign face that advertises any activity or event that occurred more than 60 days prior to the current date. This definition shall include, but is not limited to any advertisement of a business, a product manufactured, sold or provided, or any type of service provided by any profit or non-profit entity that is no longer available and has not been available for 60 days.

Pennants and streamers shall mean any attention attracting devices consisting of pennants, streamers, tinsel, ribbons, reflectors, fringes, or similar objects strung together on a common line, string or wire that are attached to poles, buildings, or structures.

Portable sign shall mean a sign that is designed to be portable and that may be attached to a transporting mechanism. Should a question arise if a sign is portable, the building official shall determine whether a sign is portable.

Premises shall mean a single, legally recorded, undivided tract of real property controlled exclusively by the proprietor, as identified on a recorded certificate of occupancy, of the establishment on the undivided tract.

Projecting wall sign shall mean any sign that projects from and has one (1) end attached to a building, and that does not employ ground support in any manner.

Sign shall mean any identification, description, illustration, object or device, whether illuminated or non-illuminated, that is visible from any public place or is located on private property and exposed to the public and that directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise, or any logo, painting, banner, pennant, streamer, placard or temporary sign designated to advertise, identify or convey information, with the exception of window displays and flags. "Signs" shall also include the sign structure. The term "sign" does not include an official traffic-control sign, an official governmental marker, a national, state, city, or educational institution flag, or governmental signs.

Sign area shall mean that area being the total square footage of the combined message or display surface. This area does not include structural supports for a sign, whether they be columns, pylons, or a building, or a part thereof. On a multisided sign, only one (1) face is counted in computing the sign's area.

Sign structure shall mean anything built or constructed, whether or not permanently attached to a building, structure, the ground or other surface, which supports, or is capable of supporting a sign, and includes, without limitation, the pole, cabinet and decorative cover.

Street shall mean a public highway, road or thoroughfare which affords the principal means of access to adjacent lots. Street classifications utilized in this division shall be as defined in the city's adopted thoroughfare plan, as amended (i.e.; collector, minor or principal arterial, etc.).

Strobe shall mean a sign where the message or lighting flashes on and off more often than once every second.

Temporary sign shall mean any non-permanent sign or advertising device.

Visible shall mean capable of being seen, whether legible or not, without visual aid by a person with normal visual acuity.

Wall sign shall mean any permanent sign affixed to or painted on the wall or surface of any building or structure that projects no more than twelve (12") inches from the building or structure. For the purposes of this division, a roof sign erected upon, against or directly above the roof of any building or structure shall be regulated and considered the same as a wall sign.

Window display shall mean the interior display of any item, including merchandise, that can be viewed through a window or other glass surface located on a building's exterior wall, provided that such items are located no closer than twenty-four (24") inches from the inside of the window or other glass surface.

Window sign shall mean any sign painted on, affixed to, or attached to a building's exterior wall window(s) or other glass surface(s), or located twenty-four (24") inches or less from the interior side of a building's exterior wall window(s) or glass surface(s). For the purposes of this division, such a sign shall be regulated and considered the same as if it were a wall sign.

(Code 1963, Ch. 9, art. 2, § 36-2 [Ord. No. 83-73, § 1, 12-13-83]; Ord. No. 97-22, § I, 3-25-97; Ord. No. 05-43, § I, 6-14-05; Ord. No. 06-78, § II, 7-11-06; Ord. No. 08-051, § 1, 7-8-08; Ord. No. 08-059, § I, 7-22-08; Ord. No. 10-080, § I, 12-28-10; Ord. No. 12-050, § I, 8-28-12; Ord. No. 17-010, § I, 2-14-17)

Cross reference— Definitions and rules of construction generally, § 1-2.

The following signs are permitted in any zoning district without a permit:

(1)

When premises is for sale, lease or rent, any sign that neither exceeds six (6) square feet in area on residential tracts of one (1) acre or less, nor thirty-two (32) square feet on residential tracts greater than one (1) acre or on commercial tracts and complies with section 31-507.

(2)

A maximum of two signs per lease or business space denoting the name and address of the occupants of the premises, which signs shall not exceed four (4) square feet in area.

(3)

One sign per entrance door (illuminated or non-illuminated) shall be limited to two (2) square feet in size and located within five (5) feet of the entrance door.

(4)

One sign per drive entrance limited to maximum of two (2) square feet each.

(5)

Flags as defined in section 31-502 shall be spaced at least twenty-five (25) feet apart as measured as a radial distance from the sign's base; however, the flag, in its entirety, must be contained within the owner's property. Flags must be attached to poles of sufficient strength to safely support the flag and materials used. Flags that become tattered or faded must be removed or replaced within 10 days of notice.

(6)

Bench signs, provided the sign face does not extend beyond any bench surface.

(7)

Signs placed on premises where construction, repair, or renovation is in progress. Such signs shall neither exceed six (6) square feet in area on residential tracts of one (1) acre or less nor thirty-two (32) square feet on residential tracts greater than one (1) acre or on commercial tracts.

(8)

After a subdivision has been released for construction, one sign per subdivision entrance which shall not exceed sixty-four (64) square feet in area, twelve (12') feet in overall height or sixteen (16') feet in overall width. A sign permitted under this subsection must be removed when development of lots and buildings have ceased. The property owner shall be responsible for the maintenance, removal and compliance requirements of such signs.

(9)

Signs or commemorative plaques of a public or noncommercial nature, which shall include community service information signs, public transit service signs, public utility information signs, safety signs, danger signs, trespassing signs, memorial signs placed by historical agencies recognized by the city, county, or state, signs indicating scenic or historic points of interest, and all signs erected by a public officer in performance of a public duty.

(10)

Signs for a period of time no earlier than ninety (90) days before or ten (10) days after a federal, state, or local election that neither exceeds six (6) square feet in area on residential tracts of one (1) acre or less, nor thirty-six (36) square feet on residential tracts greater than one (1) acre or on commercial tracts and otherwise complies with section 31-507 provided the sign:

i.

has an effective area no greater than 36 square feet;

ii.

is no more than 8 feet in height;

iii.

is not illuminated;

iv.

has no moving element(s); and

v.

is located on private real property with the property owner's consent. For purposes of this provision, "private real property" does not include real property subject to an easement or other encumbrance that allows a municipality to use the property for a public purpose.

(11)

Signs on the premises of a polling place located at a public building outside of the area within one hundred (100) feet of an outside door through which a voter may enter the building for a period beginning at 7:00 p.m. the day before polls are open for voting and ending at 7:00 p.m. the day after polls have closed, provided the sign:

i.

Has an effective area no greater than six (6) square feet and weighs no more than one (1) pound;

ii.

Has a total height of no more than three (3) feet and is mounted to the ground by means of a stake, pedestal, or other temporary, ground mounted, self supported means;

iii.

Is not placed on existing structures, impervious surfaces, landscaping areas, or in a manner that would damage irrigation systems;

iv.

Is not illuminated;

v.

Has no moving element(s); and

vi.

Is not located in the public right-of-way or otherwise prohibited by section 31-505.

Signage allowed above may remain at early voting polling locations between early voting periods through 7:00 p.m. the day after the official election date.

(12)

Parking lot pole-mounted banner signs. Pole-mounted banner signs shall be mounted to permanent poles two inches in diameter or larger. Such banners may contain the emblems, names, colors, products sold or services provided of business firms, religious, charitable, public or nonprofit organizations. Pole-mounted banners shall be limited to a maximum of one banner or a pair of banners per pole and each pole shall be spaced a minimum of fifty (50) linear feet apart along the street frontage. Banners shall not exceed a total of sixteen (16) square feet for each pole fronting collector, marginal access or local streets as shown on the city's thoroughfare master plan, or a total of forty-eight (48) square feet for each pole fronting principal arterial or minor arterial roadways as shown on the city's thoroughfare master plan. Banners shall be framed on at least two sides and it must be contained entirely on the property it advertises. Additional banners may be located within the interior of the lot at the same separation and size limits.

(Code 1963, Ch. 9, art. 2, § 36-3.1 [Ord. No. 83-73, § 1, 12-13-83]; Ord. No. 08-051, § 1, 7-8-08; Ord. No. 10-080, § I, 12-28-10; Ord. No. 12-050, § I, 8-28-12; Ord. No. 17-010, § I, 2-14-17; Ord. No. 21-011, § I, 2-23-21; Ord. No. 21-036, § II, 7-13-21)

All signs require a permit prior to installation with the exception of the sign types listed in section 31-503 above. Signs containing non-commercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations applicable to such signs. The following signs may be permitted in any zoning district:

(1)

Temporary off-premises signs. When a premises is for sale and displays a sign allowed under subsection 31-503(1), the owner may also obtain a permit for temporary off-premises signs in compliance with the following criteria:

a.

Application for a permit to display temporary off-premises signs will be submitted to the building and inspections department. Upon payment of applicable permit and sticker fees, approved permits will be granted a sticker that must be attached to the sign.

b.

Signs shall be no larger than twenty-four (24) inches by thirty-six (36) inches.

c.

The height of any temporary off-premises sign shall be no greater than forty-eight (48) inches.

d.

Signs shall only be located on private property with the consent of the property owner and the distance between the temporary off-premises sign and the closest temporary sign or any small or medium off-premises sign shall be greater than thirty (30) feet measured as a radial distance from the existing sign's base.

e.

Temporary off-premises signs shall be constructed of durable waterproof materials.

f.

Temporary off-premises signs shall only be displayed on the following days of the week: Friday, Saturday, Sunday, and Monday.

(2)

Temporary on-premises signs shall be allowed as follows:

a.

A permit is required prior to installation of temporary signs. The permit fee shall be in accordance with the adopted fee schedule.

b.

Except as provided below, only one (1) temporary wall sign and one (1) temporary ground sign are allowed per street frontage for each lease or business space at any given time. Each sign must be permitted separately.

c.

A business with frontage in excess of three hundred (300) feet may place additional temporary signs for each three hundred (300) feet of street frontage or fraction thereof with a permit for each additional sign.

d.

Except for an inflatable sign, a temporary sign shall be limited to thirty-two (32) square feet.

e.

Temporary sign placement is limited to the owner's premises.

f.

Temporary sign permits shall be issued in increments of five (5) days. Permits shall not be issued to a lease space or business space for more than one hundred and twenty days (120) per calendar year.

g.

Each temporary sign permit shall expire on the date shown on the permit.

(3)

Wall and window signs meeting the requirements of section 31-506.

(4)

Ground signs meeting the requirements of section 31-507.

(Code 1963, Ch. 9, art. 2, § 36-3.2 [Ord. No. 83-73, § 1, 12-13-83]; Ord. No. 06-78, § III, 7-11-06; Ord. No. 06-134, § I, 12-19-06; Ord. No. 08-095, § I, 11-18-08; Ord. No. 10-080, § I, 12-28-10; Ord. No. 12-050, § I, 8-28-12; Ord. No. 17-010, § I, 2-14-17; Ord. No. 24-020, § XII, 6-11-24)

It shall be unlawful to erect, maintain, or allow to remain:

(1)

Any sign except as allowed by this division.

(2)

Signs located on public right-of-way or within the visibility triangle at all intersections, which shall include that portion of public right-of-way and any corner lot within the adjacent curb lines, and a diagonal line intersecting such curb lines at points thirty-five (35) feet back from their intersection (such curb lines being extended if necessary to determine the intersection point). Signs shall be a minimum of ten (10) feet from the edge of the street or curb. Signs shall not be within twenty (20) feet of the intersection of a street curb and the edge of a driveway. Signs permitted in sections 31-506(1) and (2) are excepted from this restriction, provided that the sign does not encroach into the right-of-way or street.

Signs may be placed in the visibility triangle only if the signs have a height of no greater than two (2) feet as measured from the top of the curb of the adjacent streets within the visibility triangle.

(3)

Any flashing sign, strobe, or lights unless specifically allowed in this division.

(4)

Signs which have a luminance greater than any traffic signal within two hundred (200) feet of the sign as measured by any light metering device for which a National Bureau of Standards test procedure exists.

(5)

Signs that occupy a parking space required by the minimum standards provided under article V, division 3 of this chapter.

(6)

Signs attached to any fence or property boundary walls except for signs denoted in section 31-503(9) and signs denoted in section 31-503(10).

(7)

Any banners, pennants, streamers, tinsel, staked signs, stringed signs or temporary signs, unless specifically allowed in another section of this division.

(8)

Signs located in the right-of-way of a public street, alley or thoroughfare; a sign located in the visibility triangle, as defined in chapter 28 of this code; or an illegal sign, unanchored sign or a sign that has been damaged in such a manner that the sign's condition constitutes a threat to the health, safety, and welfare of the public. All such signs are hereby declared to be public nuisances that endanger public health, safety and welfare, and upon discovery, may be abated in accordance with section 31-524 of this division.

(Code 1963, Ch. 9, art. 2, § 36-3.3 [Ord. No. 83-73, § 1, 12-13-83; Ord. No. 87-10, §§ 3,4, 2-24-87]; Ord. No. 97-22, § I, 3-25-97; Ord. No. 97-63, § I, 11-25-97; Ord. No. 08-095, § I, 11-18-08 Ord. No. 10-080, § I, 12-28-10; Ord. No. 12-050, § I, 8-28-12; Ord. No. 17-010, § I, 2-14-17)

Wall signs shall meet the following requirements:

(1)

An allowable wall sign may not extend more than twelve (12) inches from the facade of a building except as provided in (2) below.

(2)

When the premises does not maintain the maximum ground signs allowed, one (1) projecting wall sign is allowed and may project no closer than two (2) feet to a street curb. Such alternate sign may not exceed thirty-two (32) square feet in area and no part of the sign may descend closer to grade than nine (9) feet.

(3)

The total cumulative size of wall signs shall not exceed twenty (20%) percent wall area, which includes windows and doors, to sign face ratio (maximum size 672 square feet for each sign).

(4)

An EMD wall sign shall be allowed subject to the following restrictions:

a.

Allowed only in "B-1" or less restrictive zoning districts;

b.

In B-1, B-2, or NBD zoning districts, an EMD wall sign face shall not exceed fifty (50%) percent of the allowable sign face area and must comply with requirements of section 31-507(B)(11) subsections a. and b.;

c.

In B-3 or less restrictive zoning districts, an EMD wall sign face shall not exceed fifty (50%) percent of the allowable sign face area unless it is in compliance with requirements of section 31-507(B)(11) subsections a. and b.;

d.

Permissible installation of an EMD wall sign shall be limited to property fronting principal arterial, minor arterial, or collector roadway frontages. If an EMD wall sign is installed on property fronting a collector, the sign shall not be located within three hundred (300) feet of a residential district unless the property operates as an allowable non-residential use;

e.

An owner shall be able to control the illumination intensity of any EMD sign; and

f.

An EMD wall sign allowed under this section shall comply with the CEVMS requirements of subsection 31-507(B)(11), subsections c. through i.

(Code 1963, Ch. 9, art. 2, § 36-4.1 [Ord. No. 83-73, § 1, 12-13-83]; Ord. No. 10-003, § VII, 2-9-10; Ord. No. 10-080, § 1, 12-28-10; Ord. No. 12-050, § I, 8-28-12; Ord. No. 17-010, § I, 2-14-17)

Ground signs shall not be subject to building lines. Ground signs shall not encroach into public rights-of-way or easements, but shall be located entirely within the premises.

(A)

On-premises ground signs in "R-MP," "R-3," "R-3F," or "R-3A," "B-1" or less restrictive districts shall meet the following requirements:

(1)

Only one (1) permanent ground sign structure consisting of one (1) or more sign cabinets, may be erected on any premises zoned "B-1" or less restrictive, except that premises which have more than three hundred (300') feet of combined frontage along a public way or street, other than an alley, may have one (1) additional ground sign for each additional three hundred (300') feet of frontage or fraction thereof. Such signs shall not exceed the area, height, or setback as listed in Table 507(A)(1) below:

Table 507(A)(1)

Ground signs fronting Central Texas Expressway (the frontage road of US Highway 190) may have an overall maximum height of forty-two and one-half (42.5) feet measured from the highest point of the sign to the grade level of Central Texas Expressway.

(2)

In connection with mobile home parks (R-MP) (mobile home park district) or apartment complexes zoned "R-3," "R-3F," or "R-3A," no sign intended to be read from any public way or street adjoining the district shall be permitted except for one (1) ground sign, not to exceed thirty-two (32) square feet in area, for each principal entrance.

Such signs shall set back a minimum of ten (10') feet from any street frontage and/or property line.

(3)

For allowable non-residential uses located in residentially-zoned districts, on-premises ground signs that front principal arterial or minor arterial roadways as shown on the city's adopted thoroughfare master plan shall comply with section 31-507(A). On-premises ground signs that front collector, marginal access or local streets as shown on the city's adopted thoroughfare master plan shall comply with the following:

(a)

Shall be limited to one sign per street frontage;

(b)

Sign shall not exceed a total of fifty (50) square feet in face area;

(c)

Shall set back a minimum of ten (10) feet from any street frontage property line and shall be limited to twenty (20) feet overall height;

(d)

May be either static display or fully EMD;

(e)

If an EMD sign, sign illumination shall cease between the hours 11:00 p.m. and 5:00 a.m.; and

(f)

If an EMD sign, the sign shall comply with the CEVMS requirements of section 31-507(B)(11), subsections c. through i.

(4)

Illuminated ground signs shall not be located within one hundred (100) feet of a residential district unless the property operates as an allowable non-residential use.

(5)

Non-illuminated ground signs shall not exceed twenty (20) feet in height if located within fifty (50) feet of a residential district unless the property operates as an allowable non-residential use.

(6)

In addition to the number of ground signs otherwise allowed in this chapter, a business with a drive-through or walk up service shall be allowed up to two additional ground signs limited to forty (40) square feet each.

(7)

Portable signs:

a.

It shall be unlawful to locate a portable sign on any site until the building official has determined that it is in compliance with the provisions of this division, and was issued a permit for such sign has been obtained. All portable signs shall be secured to resist wind loads.

b.

A permit for a portable sign will expire at the end of the calendar year.

c.

An adequate site plan must be submitted with the application to locate the sign.

d.

The portable sign may not be located in a parking space that is required by division 3 of this article.

e.

The size of the portable sign face shall not exceed five (5) feet high and twelve (12) feet wide.

f.

A property may not have more than one (1) portable sign at a time. A portable ground sign may only be used in place of an allowable ground sign not used per section 31-507(A)(1) above.

(8)

An EMD ground sign shall be allowed as an on-premises ground sign subject to the following restrictions:

a.

Allowed only in "B-1" or less restrictive zoning districts;

b.

In B-1, B-2, or NBD zoning districts, an EMD ground sign face shall not exceed fifty (50%) percent of the allowable sign face area and must comply with requirements of section 31-507(B)(11) subsections a. and b.;

c.

In B-3 or less restrictive zoning districts, an EMD ground sign face shall not exceed fifty (50%) percent of the allowable sign face area unless it is in compliance with requirements of section 31-507(B)(11) subsections a. and b.;

d.

Permissible installation of an EMD wall sign shall be limited to property fronting Principal arterial, Minor Arterial, or Collector roadway frontages. If an EMD wall sign is installed on property fronting a Collector, the sign shall not be located within three hundred (300) feet of a residential district unless the property operates as an allowable non-residential use;

e.

An owner shall be able to control the illumination intensity of any EMD sign; and

f.

An on-premises EMD sign allowed under this section shall comply with the CEVMS requirements of section 31-507(B)(11), subsections c. through i.

(B)

Off-premises ground signs are subject to compliance with all the regulatory provisions contained herein, as amended. These regulations apply to all off-premises signs located within the city limits of the City of Killeen and the city's extra territorial jurisdiction (ETJ) as established by state law. Should any restrictions be in conflict, the more stringent shall control.

(1)

All new or existing off-premises signs shall be registered with the City of Killeen building and inspections department.

a.

Registration shall be required within 180 days from the effective date of this ordinance and annually each year. The registration shall identify the size of the off-premises sign to be registered and provide a detailed description of its location measured to the closest intersection. In addition, registration is required within ninety (90) days upon any subsequent annexation within the then expanded ETJ.

b.

Registration shall expire December 31 of each calendar year. Registration shall be accompanied by a non-refundable fee in accordance with the adopted fee schedule for each off-premises sign to be registered.

c.

Sign registration is not transferable and in event of sale of the sign, the buyer and seller shall be jointly responsible to assure re-registration within 15 days of the sale.

d.

Any off-premises sign removed, structurally altered or repaired shall be reported to the building and inspections department within 15 days of removal or work.

e.

It shall be an offense for any person to maintain an off-premises sign not lawfully registered as listed above or to allow a registration to lapse for more than 30 days.

f.

New and existing registered off-premises signs shall permanently affix the sign tag or plate issued by the city visible from the closest roadway. No new off-premises sign may advertise until final approval inspection has been obtained and no new or existing off-premises sign may advertise or continue to advertise without a current sign tag properly affixed.

g.

Off-premises signs may not be combined with on-premises advertisement.

(2)

A permit shall be obtained prior to the erection, repair, alteration or relocation of any off-premises sign except for routine maintenance or repair and/or replacement of sign face copy.

a.

No off-premises sign may be installed by anyone not registered to perform such work in the City of Killeen.

b.

Off-premises signs requiring an electrical permit or incorporating any electrical lighting or wiring must have such work performed by a person licensed and registered with the City of Killeen building and inspections department.

c.

Sign registration is not transferable and in the event of sale of the sign, the buyer and seller shall be jointly responsible to assure re-registration within 15 days of the sale.

d.

Off-premises signs shall be constructed in accordance with local and state building and electrical codes. Stamped structural engineering plans shall accompany the sign permit applications and shall be subject to wind speed requirements as set forth in the International Building Code, as amended.

(3)

Off-premises signs may be illuminated except for signs that contain, include, or are illuminated by:

a.

Any flashing, intermittent or moving light or lights, including any type of screen using animated or scrolling displays other than those providing public service information such as time, date, temperature or weather;

b.

Unshielded lights that direct beams or rays of light at any portion of the traveled way;

c.

Lights of such intensity as to cause glare or vision impairment of the driver of a motor vehicle;

d.

Lights that interfere with the effectiveness or obscure an official traffic sign, device or signal.

(4)

An off-premises sign shall not be erected within three hundred (300) feet of the property line of any property which is zoned agricultural or residential, used as a public park, public or private school, church, courthouse, city hall, residence, public museum or any building or premises operated by a public entity. Such measurement shall be from the sign's base to the protected property line in the most direct line.

(5)

An off-premises sign shall not be installed adjacent to, or within one hundred fifty (150') feet for a small off-premises sign, two hundred (200') feet for a medium off-premises sign or three hundred (300') feet for a large off-premises sign from the base of the sign to the edge of the right-of-way of any intersection

(6)

No off-premises sign shall be constructed so as to resemble any official marker erected by a government entity, or which by reason of position, shape, or color would conflict with the proper function of any official traffic control information sign posted by government entity.

(7)

All off-premises signs shall be maintained in a safe and structurally sound condition. Signs shall not remain free of advertising copy face for more than sixty (60) consecutive days and shall be kept clean and free of graffiti or outdated commercial or advertising information. The owner of the property on which a sign that does not comply with safety, cleanliness or aesthetic standards is located shall be equally responsible for the condition of the off-premises sign and for the condition of the area in the vicinity of the sign.

(8)

Small off-premises signs may be permitted in zoning district B-3, and less restrictive, subject to the following provisions.

a.

The distance between the requested small off-premises sign site and the closest off-premise sign shall be greater than three hundred (300') feet measured as a radial distance from the sign's base on either side of the street.

b.

Small off-premises signs shall be set back from the sign's most outer edge a minimum of fifteen (15') feet from the property line or the set back required for a building on the selected site, whichever is greater.

c.

The overall height of a small off-premises sign shall not exceed thirty (30') feet measured from the highest point of the sign to the grade level of the centerline of the street closest to the sign, at a point perpendicular to the sign location and the face shall not exceed two hundred eighty-seven (287) square feet.

d.

Unless otherwise restricted, small off-premises signs may only be permitted on streets classified as collectors, minor or principal arterial.

(9)

Medium off-premises signs may be permitted in zoning district B-4, and less restrictive, subject to the following provisions.

a.

The distance between the requested medium off-premises sign site and the closest off-premises sign shall be greater than seven hundred fifty (750') feet measured as a radial distance from the sign's base on either side of the street.

b.

Medium off-premises signs shall be set back from the sign's most outer edge a minimum of fifteen (15') feet from the property line or the set back required for a building on the selected site, whichever is greater.

c.

The overall height of a medium off-premises sign shall not exceed thirty-five (35') feet measured from the highest point of the sign to the grade level of the centerline of the street closest to the sign, at a point perpendicular to the sign location and the face shall not exceed three hundred seventy-eight (378) square feet.

d.

Unless otherwise restricted, medium off-premises signs may only be permitted on streets classified as collectors, minor or principal arterials.

(10)

Large off-premises signs may be permitted in zoning district B-5, and less restrictive subject to the following provisions:

a.

The distance between the requested large off-premises sign site and the closest off-premises sign shall be greater than one thousand five hundred (1500') feet measured as a radial distance from the sign's base on either side of the street. On S.H. 195 and 201, however, the distance shall be greater than three thousand (3000') feet measured as a radial distance from the sign's base on either side of the street.

b.

Large off-premises signs shall be set back from the sign's most outer edge a minimum of twenty five (25') feet from the property line or the set back distance required for a building on the selected site, whichever is greater.

c.

The overall height of a large off-premises sign shall not exceed forty two and one-half (42.5') feet measured from highest point of sign to the grade level of the street closest to the sign and the face shall not exceed six hundred seventy-two (672) square feet with a face height not to exceed twenty five (25') feet and a face length not to exceed sixty (60') feet.

d.

Unless otherwise restricted, large off-premises signs may only be permitted only on streets classified as principal arterials.

(11)

Sign operators installing, testing or maintaining off-premises CEVMS shall comply with the following requirements:

a.

Each message shall be displayed for at least ten (10) seconds.

b.

A change of message shall be accomplished within two (2) seconds or less, and a change of message must occur simultaneously on the entire sign face.

c.

Signs must contain a default mechanism that freezes the sign in one position if a malfunction occurs.

d.

Signs may not display light of such intensity or brilliance to cause glare or otherwise impair the vision of a driver, or results in a nuisance to a driver.

e.

CEVMS sign light intensity exceeding the following intensity levels (NITS) constitutes "excessive intensity or brilliance:"

Intensity Levels (NITS)

f.

Prior to issuance of a sign registration, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed seven thousand (7,000) NITS and that the intensity level is protected from end-user manipulation by password-protected software or other method as deemed appropriate by the building official.

g.

Signs may not be configured to resemble a warning or danger signal or to cause a driver to mistake the digital sign for a warning or danger signal.

h.

Signs may not resemble or simulate any lights or official signage used to control traffic in accordance with the 2003 MUTCD, with Revision No. 1 published by the Federal Highway Administration, as amended.

i.

Signs must be equipped with both a dimmer control and a photocell, which automatically adjusts the display's intensity according to natural ambient light conditions.

j.

The city may exercise its police powers to protect public health, safety and welfare by requiring emergency information to be displayed. Upon notification, the sign operator shall display in appropriate sign rotations: emergency information regarding Amber Alerts, terrorist attacks, or natural disasters. Emergency information messages shall remain in rotation according to the designated issuing agency's protocols.

k.

For purposes of this division, changing an existing off-premises sign to a CEVMS off-premises sign shall be considered new development and such alteration shall meet all the provisions for installing a new off-premises sign.

Exception: An existing, nonconforming, off-premises sign shall be allowed to be converted to a CEVMS off-premises sign with the removal of existing off-premises signs at four (4) times the square footage of the new CEVMS off-premises sign. In addition, the following requirements below shall apply:

1.

The new CEVMS off-premises sign shall not exceed the overall height and face limits of the existing off-premises sign's classification (Small, Medium or Large) that the new sign is replacing.

2.

The proposed CEVMS off-premises sign shall be separated from other CEVMS off-premises signs at the same minimum radial spacing distances required in sections 31-507(B)(8)a, (9)a, and (10)a for small, medium and large off-premises signs, respectively.

3.

A demolition permit and final inspection is required to establish credit for the removed sign(s).

4.

The sign(s) to be removed must be registered per section 31-507(B)(1) of this division.

5.

This exception does not apply in the University District (UD), the Cemetery District (CD) or the Historical Overlay District (HOD).

(12)

Any off-premises sign lawfully erected and in existence on the effective date of this ordinance, which does not meet the requirements of this ordinance, may be maintained as a matter of right as a legal nonconforming use subject to compliance with the provisions required by section 31-521. For purposes of this section the owners of any nonconforming off-premises sign that cannot be altered to conform to all the applicable provisions of this division shall submit a written declaration of nonconforming sign report not later than 90 days after the effective date of the ordinance from which this section is derived.

(Code 1963, Ch. 9, art. 2, § 36-4.2 [Ord. No. 83-73, § 1, 12-13-83]; Ord. No. 96-63, § IV, 8-13-96; Ord. No. 05-43, § II, 6-14-05; Ord. No. 08-059, § I, 7-22-08; Ord. No. 10-003, § VII, 2-9-10; Ord. No. 10-080, § I, 12-28-10; Ord. No. 12-050, § I, 8-28-12; Ord. No. 17-010, § I, 2-14-17; Ord. No. 20-052, § II, 10-13-20)

Only materials and methods as permitted by the city's adopted building code in chapter 8 of the Killeen code of ordinances shall govern the structural requirements and materials used in the manufacture, erection, and maintenance of signs.

(Code 1963, Ch. 9, art. 2, § 36-5.1 [Ord. No. 83-73, § 1, 12-13-83]; Ord. No. 10-080, § I, 12-28-10)

No electrical sign shall be erected or maintained which does not comply with the adopted electrical code in chapter 8.

(Code 1963, Ch. 9, art. 2, § 36-5.2 [Ord. No. 83-73, § 1, 12-13-83]; Ord. No. 10-080, § I, 12-28-10)

No sign shall be erected so as to obstruct any fire escape, required exit, window or door opening intended as a means of egress.

(Code 1963, Ch. 9, art. 2, § 36-5.3 [Ord. No. 83-73, § 1, 12-13-83])

No sign shall be erected which interferes with any opening required for ventilation.

(Code 1963, Ch. 9, art. 2, § 36-5.4 [Ord. No. 83-73, § 1, 12-13-83])

Signs and their supporting structures shall maintain clearance and noninterference with all surface and underground facilities and conduits for water, sewage, gas, electricity, or communications equipment or lines. Placement of signs shall not interfere with natural or artificial drainage or surface or underground water. No sign shall be located within any public use easement as measured from a vertical plane which extends infinitely upward from the edge of the easement nearest the sign, except as permitted under provisions of section 31-506(2), (3).

(Code 1963, Ch. 9, art. 2, § 36-5.5 [Ord. No. 83-73, § 1, 12-13-83])

Signs shall maintain all clearances from electrical conductors in accordance with the city electrical code and from all communications equipment or lines located within the city.

(Code 1963, Ch. 9, art. 2, § 36-5.6 [Ord. No. 83-73, § 1, 12-13-83])

No electrical equipment or electrical apparatus of any kind which causes interference with radio or television reception shall be used in the operation of illuminated signs. Whenever interference is caused by an unfiltered, improperly filtered or otherwise defective sign, or by any other electrical device or apparatus connected to the sign, the building official shall order the sign disconnected until repairs are made.

(Code 1963, Ch. 9, art. 2, § 36-5.7 [Ord. No. 83-73, § 1, 12-13-83])

A.

The application for a sign permit shall be accompanied by following plans and other information:

(1)

The name, address, and telephone number of the owner or persons entitled to possession of the sign and the sign contractor or erector.

(2)

The location by street address of the proposed sign structure.

(3)

Complete information as required on application forms provided by the building and inspections division including a site plan and elevation drawings of the proposed sign, caption of the proposed sign, and such other data as are pertinent to the application.

(4)

Plans indicating the scope and structural detail of the work to be done, including details of all connections, guide lines, supports and footings, and materials to be used. Structural details and material specifications shall be prepared and sealed by a professional engineer licensed in the State of Texas for any sign installed 20 feet or more in height and/or having a sign area (including the sign cabinet or frame) of 200 square feet or more and as provided in 31-507(B)(2).

(5)

Application for, and required information for such application, an electrical permit for all electric signs if the person building the sign is to make the electrical connection.

(6)

A statement of valuation of each sign.

B.

Each ground sign shall be permitted separately. Wall signs shall be permitted as a group per each side of the building.

(Code 1963, Ch. 9, art. 2, § 36-6.1 [Ord. No. 83-73, § 1, 12-13-83]; Ord. No. 10-080, § I, 12-28-10; Ord. No. 12-050, § I, 8-28-12; Ord. No. 17-010, § I, 2-14-17)

Whenever a proposed sign is included in the presentation of a new or amended site plan application, for a development which requires planning and zoning commission approval, the sign permit application shall be reviewed and approved by the executive director of planning and development prior to the issuance of a permit.

(Code 1963, Ch. 9, art. 2, § 36-6.2 [Ord. No. 83-73, § 1, 12-13-83]; Ord. No. 12-050, § I, 8-28-12)

Except for portable and temporary signs, a plan review fee in accordance with the adopted fee schedule shall be paid for each sign permit application submitted for review.

All plan review fees are to be paid at the time of application to the city and such fees are non-refundable.

(Code 1963, Ch. 9, art. 2, § 36-6.3 [Ord. No. 83-73, § 1, 12-13-83]; Ord. No. 10-080, § I, 12-28-10; Ord. No. 17-010, § I, 2-14-17; Ord. No. 20-052, § II, 10-13-20)

Sign permit applications shall expire forty-five (45) calendar days from the date such permit has been approved and applicable fees remain unpaid, or remains disapproved for more than forty-five (45) calendar days. The building official may grant an additional thirty (30) day extension upon written evidence from the applicant justifying the delay to complete the permit issuance.

(Code 1963, Ch. 9, art. 2, § 36-6.4 [Ord. No. 83-73, § 1, 12-13-83]; Ord. No. 12-050, § I, 8-28-12)

Sign permit fees, related electrical permit fees and related penalties shall be in accordance with the adopted fee schedule.

(Code 1963, Ch. 9, art. 2, § 36-6.5 [Ord. No. 83-73, § 1, 12-13-83]; Ord. No. 10-080, § I, 12-28-10; Ord. No. 24-020, § XII, 6-11-24)

A failed inspection charge will be assessed upon each failed inspection. The failed inspection charge shall be in accordance with the adopted fee schedule.

(Code 1963, Ch. 9, art. 2, § 36-6.6 [Ord. No. 83-73, § 1, 12-13-83]; Ord. No. 10-080, § I, 12-28-10; Ord. No. 24-020, § XII, 6-11-24)

(A)

Any on-premises sign that was lawful when erected, but does not currently conform to the regulations set forth in this division, may continue to exist unless such sign is abandoned. In the event of such abandonment, the sign shall be immediately removed unless it is brought into conformance with the provisions of this division and all other applicable regulations within thirty (30) days from the date that the sign is determined to be abandoned in accordance with this division.

(B)

Any sign erected without a required permit shall be subject to immediate removal as determined by the building official.

(C)

EMD signs that have permits authorizing use of that method of display issued prior to the effective date of the ordinance from which this section was established may continue to be used provided the sign meets the operational standards set forth herein within thirty (30) days from the effective date of the ordinance from which this section is derived. Operational standards shall include illumination levels as set forth in this division.

(Ord. No. 10-080, § I, 12-28-10; Ord. No. 12-050, § I, 8-28-12)

Upon final inspection and approval of the permitted sign, the owner or his authorized agent shall affix a city-issued certification tag to the sign within twenty-four (24) hours of issuance. The certification tag shall be placed either on the face, cabinet, frame or pole of a sign and must be visible from the ground. In situations where the sign elements are not accessible, the tag may be placed on or near the front door of the business. It shall be the responsibility of the sign owner and/or property owner to maintain the certification tag. Upon request, the city shall issue replacement certification tags at a cost in accordance with the adopted fee schedule.

(Ord. No. 10-080, § I, 12-28-10; Ord. No. 12-050, § I, 8-28-12; Ord. No. 24-020, § XII, 6-11-24)

(A)

Purpose.

(1)

The purpose of this section is to establish maintenance regulations for signs so that the signs are maintained in a reasonably safe condition and continue to conform to the aesthetic standards established in this division. This section shall apply to all signs that are allowed in this division 4.

(2)

Signs which do not conform to all applicable provisions of this section shall be made to conform by means of alteration, repainting, reinforcing, repairing or any other such operation short of relocation, reconstruction or removal within one hundred eighty (180) days from the effective date of the ordinance from which this section is derived.

(B)

Declaration of nuisance. An abandoned sign or a sign determined to be in a dilapidated or deteriorated condition is detrimental to the health, safety and welfare of the public, tending to reduce the value of surrounding property and contributing to urban blight, and is hereby found to be adverse to the vitality, maintenance and continuing development of the city and is hereby found and declared to be a public nuisance.

(C)

Maintenance of signs.

(1)

Maintenance. All portions of a sign, including the display surface, shall be kept in good repair at all times so that the entire sign is clearly legible and free of damage, deterioration and/or defacement. Each sign shall be maintained in a safe and presentable manner, including the replacement of defective parts and other acts required for the maintenance of such sign, without altering the basic copy, design or structure of the sign.

(2)

Dilapidated, deteriorated or abandoned signs. No person shall maintain or allow to be maintained on any premises owned or controlled by him or her any sign which is in a dilapidated, deteriorated or abandoned condition as defined herein. Upon notice of violation, any such sign shall be promptly removed or repaired by the owner of the sign or the owner of the premises where the sign is located in accordance with such notice.

(3)

Sign face required. No person shall maintain or permit to be maintained on any premises owned or controlled by him or her any sign that has had the sign face removed. Such sign shall have a blank face installed.

(4)

Violations.

(a)

A person, for purposes of this section, shall mean the owner, agent, or any other individual or legal entity having the beneficial use of a sign and/or the owner or lessee of the land or structure where the sign is located.

(b)

It shall be unlawful for any person to abandon or fail to maintain, or otherwise allow the continued existence of any sign that is in violation of section 31-523 of this division.

(c)

It shall be unlawful for any person to violate any term or provision of this division.

(Ord. No. 10-080, § I, 12-28-10; Ord. No. 12-050, § I, 8-28-12; Ord. No. 17-010, § I, 2-14-17)

(A)

Authority. The building official is hereby authorized to enforce any violation of this division to include, without limitation, ordering the repair of any dilapidated or deteriorated sign or the removal of any abandoned or illegal sign from property within the corporate city limits of the city of Killeen or its ETJ, in accordance with the enforcement mechanisms set forth in this section or as otherwise provided by this code of ordinances.

(B)

Nuisance abatement. The city may, in conjunction with the enforcement remedies provided in this division or as a separate action, abate a nuisance as follows:

(1)

Notice of violation (NOV): nuisance.

(a)

Any owner of any lot, parcel of land, or premises within the city limits having on it a nuisance described in this division shall be required to remove, abate, or cure such nuisance within fifteen (15) calendar days from the date of receipt of a NOV declaring the same from the director. Receipt is presumed to occur five (5) calendar days following the date the NOV is mailed.

(b)

Any owner of any lot, parcel of land, or premises who receives the NOV described in this subsection (B) who cannot remove, abate or cure the nuisance due to weather conditions or who requires additional time to arrange a contractor to remove, abate or cure the nuisance may request and, at the building official's discretion, may be granted an extension of time, not to exceed fourteen (14) calendar days.

(c)

A NOV issued under this subsection (B) shall be given to the owner as follows:

(i)

personally, in writing; or

(ii)

by letter (regular mail) addressed to the owner at the owner's address as recorded in the tax appraisal district records of the appraisal district in which the property is located; or

(iii)

if personal service cannot be obtained:

a.

by publication at least once; or

b.

by posting the notice on or near the front door of each building on the premises to which the violation relates; or

c.

by posting the notice on a placard attached to a stake driven into the ground on the premises to which the violation relates, if the premises contains no buildings.

(d)

A NOV issued under this subsection (B) may also be sent by letter (regular mail) to any operator, lessee, occupant or person in control of the property known to the director, as applicable.

(e)

If the director mails a NOV to an owner in accordance with this subsection (B), and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered as delivered.

(2)

City authorized to abate. If the owner fails to comply with the NOV issued under this subsection (B), within the period prescribed, the city may enter the premises and remove, abate, or cure such nuisance.

(3)

Emergency removal of sign or removal of sign in right-of-way. The city may immediately remove a sign, without prior notice, which the building official finds to be an immediate and imminent threat to the public safety because of its location or dilapidated, deteriorated or structural condition, or a sign that is located in publicly-held right-of-way, and may dispose of the same. Such removal and disposal shall be at the owner's sole expense, in accordance with this section.

(4)

Lien on property. If the city abates a nuisance under this subsection (B), the owner of such premises shall be notified by regular mail of the expenses incurred therefrom and the administrative fee provided in paragraph (5) of this subsection (B). If such charges are not paid within thirty (30) calendar days of the date of such notice, the director shall cause to be filed with the county clerk documentation of such expenses sufficient to establish a lien against the premises on which the nuisance was abated.

(5)

Remedies, expenses, and citation. Any owner who violates this division shall be subject to abatement restitution, penal fine(s) or both, revocation of permit, or any other relief provided by law. A person who fails to abate such nuisance within the time provided shall be required to pay an administrative fee in accordance with the adopted fee schedule in addition to the expenses incurred by the city to abate the nuisance.

(C)

Enforcement remedies.

a.

Criminal penalties. Any person, firm, corporation or other entity violating any of the provisions or terms of this division shall be deemed guilty of a misdemeanor, and upon conviction thereof, be subject to a fine of not less than $100 and not exceeding $2,000 for each offense, and each and every day or portion thereof that such violation shall continue shall constitute a separate offense.

b.

Civil remedies. The city may file a civil action in state district court to enforce the requirements of this ordinance, seeking injunctive relief and/or civil penalties up to $1,000 per day for each offense as authorized by subchapter B of chapter 54 of the Texas local government code, as amended, or any other applicable law.

c.

Remedies cumulative. All remedies authorized under this division are cumulative of all others unless otherwise expressly provided. Accordingly, the filing of a criminal action shall not preclude the pursuit of a civil or administrative action for violation of this section nor shall the filing of a civil action preclude the pursuit of any other action or remedy, administrative or criminal.

(D)

Appeals.

a.

Decisions of the building official may be appealed in writing to city manager or his designee within ten (10) business days of the decision of the building official. The city manager shall issue a written decision within five (5) business days of receiving the appeal. If the city manager does not issue a decision within five (5) business days, the appeal shall be considered denied.

b.

Decisions of the building official or denial of an appeal to the city manager may be submitted to the board of adjustment as provided in article II, division 3 of this chapter.

(Ord. No. 10-080, § I, 12-28-10; Ord. No. 12-050, § I, 8-28-12; Ord. No. 17-010, § I, 2-14-17; Ord. No. 24-020, § XII, 6-11-24)

It is the purpose of this article to regulate adult oriented businesses in order to protect and promote the health, safety and welfare by preventing the decline of residential and business neighborhoods, and further by preventing the growth of criminal activity found to be associated with adult oriented businesses. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communication materials, including adult oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to adult oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult oriented entertainment to their intended market.

(Ord. No. 96-80, § II, 11-12-96)

In this article:

(1)

Adult oriented business:

A.

Means a commercial enterprise the major business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to a customer. It includes, but is not limited to, such establishments and activities as:

1.

An adult bookstore or adult video store - an establishment or other commercial enterprise the primary business of which is the renting, selling or exhibiting of (a) instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities, or (b) films, motion pictures, slides, videos, tapes, cassettes, photographs, CD-ROM disks, floppy disks or diskettes, or other visual recordings (regardless of media or format), representations, or books, magazines, periodicals or other media matter distinguished or characterized by: depicting or describing specified sexual activities or specified anatomical areas, or otherwise intended to provide sexual stimulation or sexual gratification to the customer;

2.

An adult cabaret - an establishment the business of which regularly offers to customers live entertainment including but not limited to employees, agents or contractors who dance, pose, model, wrestle, massage, or otherwise interact with or entertain customers, which entertainment or interaction is primarily characterized by actual or simulated specified sexual activities or exposing specified anatomical areas with the intent to sexually stimulate or sexually gratify a customer;

3.

An adult encounter parlor - an establishment the business of which consists of offering a service whereby customers either congregate, associate, or consort with employees, agents, contractors, or agents or employees of contractors, who engage in actual or simulated specified sexual activities with or in the presence of customers, or who display specified anatomical areas in the presence of customers, with the intent to provide sexual stimulation or sexual gratification to customers.

4.

An adult hotel - a hotel, motel, or similar commercial establishment which:

a.

offers accommodations to the public for any form of consideration; and provides customers with closed circuit television transmissions, films, motion pictures, video tapes, slides or other photographic reproductions regardless of media or format which are characterized by the depiction of specified sexual activities or specified anatomical areas for the purpose of sexual stimulation, arousal, or satisfaction of the viewer; and has a sign visible from a public street or highway which advertises the availability of this adult-type reproductions; or

b.

offers a sleeping room for rent for a period of time of less than 10 hours; or

c.

allows a tenant or occupant of a room to subrent the room for a period of time that is less than 10 hours.

5.

An adult lounge - an adult cabaret which is permitted or licensed pursuant to the Alcoholic Beverage Code to serve or sell alcoholic beverages.

6.

An adult motion picture theater or adult arcade - an establishment or other commercial enterprise which has within its structure any electronic, electrical or mechanical device (including coin or token-operated devices), which projects, displays, or presents any slide, film, video tape, CD-ROM disk, floppy disk or diskette, or other visual reproduction (regardless of media or format) into a viewing area, and where the images so displayed are primarily distinguished or characterized by the depicting or describing of actual or simulated specified sexual activities or specified anatomical areas for observation by a customer or customers therein for their sexual stimulation or sexual gratification.

B.

An adult oriented business does not include:

1.

A business operated by and employing or contracting with a licensed psychologist, licensed physical therapist, licensed athletic trainer, licensed cosmetologist, or licensed barber engaged in performing functions authorized under a state license; or,

2.

A business operated by and employing or contracting with a licensed tattooist or tanning shop operator engaged in performing functions authorized under a state license for a tattoo parlor or tanning salon; or,

3.

A business operated by and employing or contracting with a state licensed physician or licensed chiropractor engaged in practicing the healing arts; or,

4.

A business operated by and employing or contracting with a state licensed massage therapist who practices or offers massage engaged in performing the functions authorized by the license; or,

5.

A school which is accredited or certified by a national academic accreditation organization and which maintains an educational program training persons the necessary skills and knowledge to obtain a state issued license as a psychologist, physical therapist, athletic trainer, cosmetologist, tattooist, artist, barber, physician, chiropractor, or massage therapist; or,

6.

A person appearing nude in a modeling class (i) operated by a proprietary school licensed by the state of Texas; a college, junior college, or university supported entirely or partly by taxation; or by a private college or university or junior college which maintains and operates educational programs in which credits earned are transferrable to a college, junior college, or university supported entirely or partly by taxation; (ii) in a structure which has no sign visible from the exterior of the structure advertising that a nude person is available for viewing; (iii) in order to participate in the class a student must enroll at least three days prior to the class; and (iv) where there is no more than one nude model on the premises at any one time; or,

7.

Any activity, business, presentation, expression, material, film, video tape, photographic slide, CD-ROM disk, floppy diskette, book, or device, which when taken as a whole has or contains serious literary, artistic, political, or scientific value.

C.

For the purposes of determining whether a commercial activity is an "adult oriented business" under this division 5, the relevant inquiry shall be as to the nature of the primary activity at the premises. Therefore, it is immaterial and irrelevant that:

1.

Some ancillary activity may occur as an incident to the otherwise adult activity, such as but not limited to tanning, garment modeling, exercise, massage, or other, simultaneously or in conjunction with one of the activities expressly identified hereinabove as constituting an "adult oriented business" if the activity taken as a whole appeals to the prurient interest in sex and is intended to sexually stimulate or sexually gratify any person, notwithstanding the presence of the ancillary activity; or,

2.

Any particular word or term is or is not associated with or utilized in the name or description of an enterprise or establishment, including but not limited to the words: spa, sauna, center, studio, parlor, theater, cabaret, club, review, shop, gymnasium, pool, hall, salon, store, lounge, arcade, service, agency, or company.

(2)

Establishment means and includes any of the following:

A.

The opening or commencement of a new business as an adult oriented business;

B.

The conversion of an existing business, whether or not an adult oriented business, to any adult oriented business;

C.

The addition of another adult oriented business to any other existing adult oriented business; or

D.

The relocation of any adult oriented business.

(3)

Intended operator means the person principally in charge of the day to day operation of the establishment.

(4)

Nude or nudity means exposing the specified anatomical areas identified in (8)A, below.

(5)

Operates or causes to be operated means to cause to function or to put or keep in operation. A person may be found to be operating, or causing to be operated, an adult oriented business whether or not that person is an owner, part owner or permittee of the establishment.

(6)

Permittee means a person in whose name a permit to operate an adult oriented business has been issued, as well as the individual or entity listed as an applicant on the application for a license.

(7)

Person means an individual human, proprietorship, partnership, corporation, association, or other legal entity, as well as any combination or number of such.

(8)

Specified anatomical areas means:

A.

Less than completely and opaquely covered: (i) human genitals, pubic region, (ii) human buttock or anus and (iii) female breasts below a point immediately above the top of the areola;

B.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

C.

Any combination of the above.

(9)

Specified sexual activities means actual or simulated:

A.

Human genitals in a state of sexual stimulation or arousal; or

B.

Acts of human masturbation, sexual intercourse, cunnilingus, fellatio, sodomy, or sexual bestiality; or

C.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breasts; or

D.

Any combination of the above.

(10)

Transfer means the sale, lease, rent, subrent, or sublease of the business; or transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or the establishment of a trust, gift, or similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon death of the person possessing the ownership or control.

(Ord. No. 96-80, § II, 11-12-96)

It is an offense for one to operate or cause to be operated an adult oriented business without a valid permit authorizing the operation of such establishment.

(Ord. No. 96-80, § II, 11-12-96)

Applications for a permit, whether an original or a subsequent one, must be made to the planning and development department by the owner or intended operator of the establishment. The applicant shall be required to submit the following:

(1)

A sworn written application setting forth the following:

A.

The name of each applicant and whether the applicant is an individual, partnership, corporation, other entity, or a combination of these;

B.

The name under which the business is to be operated and a description of the adult oriented business to be conducted;

C.

The name, address, date of birth, social security number, and telephone number of each applicant, owner(s), and the intended operator, if different from the owner;

D.

The street address and legal description of the parcel of land on which the business is to be located, and the telephone number of the enterprise at that address;

E.

A written declaration, sworn to under oath, that the information contained in the application is true and correct;

F.

If an applicant is any type of corporation or association, then the application must also state the name, address, date of birth and social security number of all incorporators, current and past officers, directors, and shareholders. If an applicant is any type of partnership, then the application shall also state the names and addresses of all partners and identify the nature of each partner's participation (e.g., limited, active, etc.); and

G.

If the applicant is an individual, the application shall be signed and verified by the applicant. If the applicant is a partnership, the application shall be signed and verified by all of the partners thereof. If the applicant is a corporation or other entity, the application shall be signed and verified by the president and treasurer of said corporation or entity. If the application is made by a combination of individuals or entities, it shall be signed and verified by each component of the combination in a manner consistent with this subsection.

(2)

A site plan setting out the dimensions and location of such adult oriented business. The applicant shall sign a notarized statement attached to the site plan stating that the proposed adult oriented business complies with the requirements set forth herein. It shall be the duty of the applicant to prepare the site plan.

(3)

A non-refundable fee as provided in the adopted fee schedule shall be charged for each permit application and shall be paid to the planning and development department at the time the application and site plan are submitted for processing.

(Ord. No. 96-80, § II, 11-12-96; Ord. No. 19-047, § XV, 9-17-19)

(1)

Initial: Upon receipt of all the items specified in sec. 31-553 above, the planning and development department shall, within three (3) working days of the receipt, request that the health department, fire department, police department and building official inspect the premises and review the qualifications of the applicants for determination of compliance with applicable state and federal laws and city ordinances. All such inspections and reviews shall be completed within twenty-five (25) days of the request from planning and development for inspections and reviews.

(2)

Subsequent: A representative of the health department, fire department, police department, building official, or code inspector shall be allowed to inspect the premises at any time it is occupied or open for business, to verify compliance with all applicable local ordinances, codes and state laws.

(3)

It is an offense for the owner, applicant, intended operator, permittee, other person, or an agent or contractor of any of them to refuse to allow a lawful inspection of the premises by a representative of the health department, fire department, police department, building inspections, or code inspector during either the initial 25 day inspection period or thereafter at any subsequent time it is occupied or open for business.

(Ord. No. 96-80, § II, 11-12-96)

(1)

The director of planning and development shall either approve or deny the issuance of a permit within thirty (30) days after receipt of an application and give written notice of the decision to the applicant. The director of planning and development shall approve said application and issue a permit to an applicant, unless the director of planning and development finds one or more of the following to be true:

A.

An applicant, intended operator, permittee, or owner is under 18 years of age;

B.

An applicant, intended operator, permittee, or owner is overdue in payment to the city of taxes, fees, fines or penalties assessed or imposed against any one of them;

C.

An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form;

D.

An applicant's permit for the same adult oriented business for which the application in question is being made has been denied within the preceding 12 months;

E.

The premises to be used for the adult oriented business has not been approved by the health department, fire department or the building official or code inspector as being in compliance with applicable laws and ordinances;

F.

The owner, applicant or their agent has refused to allow a lawful inspection of the premises by the health department, fire department, police, building official, or code inspector, during the initial inspection period described above, or at any subsequent time the establishment was occupied or open for business;

G.

The permit fee required by this ordinance or fees required by other ordinances relating to the enterprise has not been paid;

H.

The proposed premises is located somewhere other than a properly designated B-5 zoning use district which is:

1.

Within a rectangular parcel of approximately 93.146 acres: (a) being no closer than 750 feet or more than 1,750 feet east of the east right-of-way of Roy Reynolds Drive; and, (b) from the northern right-of-way of the A.T. & S.F.R.R. at Roy Reynolds Drive, northward approximately 4,100 feet; or, within an adjacent rectangular parcel of approximately 17.62 acres, east of and contiguous to the foregoing described tract, along the north right-of-way of the A.T. & S.F.R.R.

2.

Within a rectangular parcel of approximately 39.388 acres: (a) from the south right-of-way of Elms Road southward approximately 464 feet along the east right-of-way of State Highway 195 (Ft. Hood Street); and, (b) eastward along the south right-of-way of Elms Road, approximately 1,200 feet from State Highway 195; and (c) from that point on Elms Road, southward approximately 1,600 feet; (d) then, westward approximately 1,050 feet to the east right-of-way of State Highway 195, and northward to the starting point.

(All locations are described more particularly in the metes and bounds descriptions which are attached to ordinance no. 96-80 and which are incorporated by reference, and in the event of a conflict with the above general descriptions, the metes and bounds descriptions shall prevail. Compliance with these location requirements shall not exempt the business from compliance with all other setback and legal requirements generally applicable to locating and constructing structures in the city.)

I.

The structure does not meet all architectural requirements of this ordinance;

J.

An applicant or applicant's spouse has been convicted of or is under indictment or misdemeanor information for any of the offenses listed below, and (i) less than two years have elapsed since the later of the date of conviction or date of release from confinement, probation, community supervision, or deferred adjudication, if the offense was a misdemeanor; or (ii) less than five years have elapsed since the later of the date of conviction or date of release from confinement, parole, mandatory supervision, or deferred adjudication, if the offense was a felony. (For purposes of this subsection only, the term "applicant" also includes and means the partners of a partnership if a partnership is an applicant; and the officers, directors, and shareholders of a closely held corporation if a corporation is an applicant):

1.

Offenses described in either Texas Penal Code chapter 43 or 21, as amended (prostitution; promotion of prostitution; aggravated promotion of prostitution; compelling prostitution; obscenity; sale, distribution, or display of material harmful to a minor; sexual performance by a child; possession of child pornography; public lewdness; indecent exposure; indecency with a child).

2.

Engaging in organized criminal activity as described in Texas Penal Code chapter 71, as amended.

3.

Sexual assault or aggravated sexual assault as described in Texas Penal Code chapter 22, as amended.

4.

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

5.

A violation of the Texas Controlled Substances Act or Dangerous Drug Act punishable as a felony.

6.

Any offense under the laws of another state or the United States without regard to its title, but which corresponds to the elements of any Texas offense described or referred to in subsections (1)-(5), just above.

7.

The fact that a conviction is under appeal shall have no effect on the disqualification of this subsection. An applicant who has been convicted or whose spouse has been convicted for one of the above listed offenses, for which the required time period has elapsed, may qualify for an adult oriented business permit only if the police chief advises the director of planning and development that the previously convicted applicant or spouse is fit for the permit. In determining present fitness the chief shall consider the following factors concerning the convicted person: (i) the extent and nature of past criminal activity limited to the offenses listed above; (ii) age at the time of the commission of the crime; (iii) conduct and work both prior to and following the criminal activity; (iv) the amount of time which has elapsed since the last criminal activity; (v) other evidence of present fitness, such as letters from prosecutors, prison officials, law enforcement officers, or others who know the person and have knowledge of rehabilitation of the person.

K.

An applicant or applicant's spouse (or if a partnership, corporation, or association, then any officer, partner, director, or shareholder) has been an intended operator, owner, or permittee for an adult oriented business which permit was suspended or revoked at any time during the 2 years preceding the date of this application.

(2)

The permit, if granted, shall state on its face the name of the person(s) to whom it is granted, the expiration date, and the exact address of the adult oriented business.

(Ord. No. 96-80, § II, 11-12-96)

These regulations are in addition to all other application procedures, qualifications, fees, rules, and other requirements contained herein or otherwise prescribed by state law or local ordinances. The failure or refusal to comply with these other regulations are grounds for denial, suspension, or revocation of a permit.

(1)

Architectural: A person who operates or causes to be operated an adult oriented business, other than an adult hotel, who (i) exhibits in a viewing room, booth, cubicle, closet, stall, or other room of less than 150 square feet of floor space each, (ii) a live model, dancer, or other employee, agent, or contractor who exposes specified anatomical areas, or a movie, film, video tape, CD-ROM, floppy diskette or disk which depicts specified sexual activities or specified anatomical areas, shall comply with the following:

A.

The application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager stations; the locations of all overhead light fixtures; designating the location, configuration, and size of all viewing rooms, booths, stalls, closets, cubicles, or other rooms; and designating any portion of the premises in which patrons will not be allowed. A manager's station may not exceed 32 square feet of floor area. A professionally prepared diagram in the nature of an engineer's or architect's drawing or blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street and should be drawn to a designated scale or with marked dimensions to an accuracy of plus or minus six inches. The director of planning and development may waive the diagram for subsequent applications if the applicant adopts a previously submitted diagram and certifies that the configuration of the premises has not been altered since it was prepared.

B.

The interior of the premises shall be configured in such a way that there is an unobstructed view from a manager's station of every area of the premises to which any customer is permitted access for any purpose excluding restrooms. Restrooms shall not contain video reproduction or display or play back equipment.

C.

No alteration in the configuration or location of a manager's station shall be made without the approval of the director of planning and development or his designee.

(2)

Personnel:

A.

It is the joint and several duty of the owner, permittee, and intended operator of an adult oriented business to insure that at least one employee is on duty and situated in each manager's station at all times that any customer is present inside the premises. It is an offense for a person to fail or refuse to discharge the duty prescribed by this paragraph.

B.

At all times an adult oriented business premises is open to the public, there shall be a legible roster of the name, race, sex, date of birth, and social security number of every worker, employee, agent, or contractor or there privies present at the premises. This roster shall be kept in a bound book of pages; the binding may be of glue, cloth, staples, wire spiral, or loose leaf pages in a ring binder. The roster shall be available for inspection by representatives of the health, fire, police, and code or building inspections departments in the course of any inspection of the premises. It is an offense to fail or refuse to have and maintain an accurate roster, or to fail or refuse to produce it for inspection upon verbal request by one authorized to inspect the premises.

C.

It shall be the joint and several duty of the owner, intended operator, manager, employees, contractors, and agents of any of them present in the premises to insure that the view area specified in (1)B above remains unobstructed by any doors, walls, curtains, merchandise, display racks or other non-transparent obstacles. It is an offense for a person to knowingly fail or refuse to discharge the duty prescribed by this paragraph.

(3)

Adult hotels:

A.

Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult hotel as defined in this ordinance.

B.

A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment (that does not have an adult oriented business permit), does rent or subrent a room to a person and, within 10 hours from the time the room is rented, the same room is rented or subrented again. For purposes of this subsection, "rent" and "subrent" mean the act of permitting a room to be occupied for any form of consideration.

(4)

Signage:

A.

Except as provided within this section, all on-premises signage is prohibited.

B.

Not more than two (2) wall signs, as defined in chapter 31, Killeen city code and chapter 2301, Standard Building Code, 1988 edition, as amended, shall be permitted, in compliance with said chapters. Further, the wall signs shall:

1.

not exceed a total of twenty-four (24) square feet in area per premises, nor six (6) feet in height, nor shall the top of any sign be more than fifteen (15) feet above the natural ground surface beneath it; and

2.

not use or be illuminated by any type of artificial light source in combination with a chaser or flasher feature; and

3.

not use or be illuminated by any incandescent light source greater than 60 watts per bulb, with a minimum of one (1) foot distance between each bulb; and

4.

not use or be illuminated by any type of fluorescent lighting other than cool white highwatt output type, with a minimum of one (1) foot distance between each tube or bulb.

(Ord. No. 96-80, § II, 11-12-96)

A permittee shall not transfer the permit or business to another person or entity, nor operate a different adult oriented business, nor operate an adult oriented business under the authority of said permit at any place other than the address designated on the permit.

(Ord. No. 96-80, § II, 11-12-96)

A permit issued under this division 5 shall be displayed at all times in an open and conspicuous place, on the premises of the adult oriented business for which it was issued.

(Ord. No. 96-80, § II, 11-12-96)

All permits issued under this division 5 shall expire two years from the date of issuance. A subsequent permit may be obtained only by making application as provided in this subsection.

(1)

Adult oriented business permits are not renewed. It is the duty of a permittee, who desires to obtain a subsequent permit by filing a new application no later than thirty (30) days prior to the expiration date of an existing permit. The expiration date of the existing permit will not be affected by the fact of a pending application for a subsequent permit.

(2)

To obtain a subsequent permit, a permittee shall:

A.

Complete the application process, pay the fee, and comply with all requirements, qualifications, and regulations prescribed in sections 31-553 to 31-556, inclusive; and,

B.

If any owner, applicant, permittee, or intended operator is a corporation, association, or partnership, then also submit in writing:

1.

The name, address, social security number, and date of birth for each person who, since the date of the original application has been, and those who currently are, a director, officer, shareholder (or partner, as appropriate);

2.

The physical street location address (not a postal box) of the principal office of the entity;

3.

The state in which the entity was formed, chartered, or registered, along with the charter number or other official number assigned by the government agency which recorded such registration.

(Ord. No. 96-80, § II, 11-12-96)

(1)

Any person who, at the time of adoption of this ordinance, is lawfully operating an adult oriented business, shall have thirty (30) days after the effective date of this ordinance within which to apply for a permit.

(2)

A person or establishment is not exempt from the requirements of obtaining a permit under this division 5 because it holds a permit or license under the Alcoholic Beverage Code, or for coin operated machines, or another permit or license for regulated activities on the premises.

(3)

If, at either the time of adoption of this ordinance, or upon annexation into the city, an existing adult oriented business is located at a site which would preclude issuance of a permit under this division 5, then the adult oriented business shall be deemed a nonconforming use. Such nonconforming use must otherwise be in compliance with all non-locational provisions of this division 5, as well as all other local ordinances and state laws, and the issuance of a permit hereunder shall not affect the amortization of nonconforming uses as provided herein.

(4)

A.

An existing nonconforming adult oriented business use at the time this ordinance is adopted shall be allowed to continue at the same location, so long as such business is continuously operated by the original permittee and owned by the original owner at time of issuing the permit, until December 31, 2001 unless sooner terminated for any reason or the adult oriented business use is discontinued for a period of thirty (30) consecutive calendar days or more. A nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming non-adult oriented business use. If the permittee discontinues the nonconforming adult oriented business use for thirty (30) consecutive calendar days or more, the premises may not be reopened as a nonconforming adult oriented business use and must be made to conform to the then existing zoning designation for the property.

B.

In the event an adult oriented business is annexed into the city, after the adoption of this ordinance, then that business shall be allowed to continue to operate, subject to all conditions, requirements and limits contained in this section. Such business shall have thirty (30) days from the effective date of annexation in which to apply for a permit, and its five (5) year amortization period shall commence on the effective date of annexation, without regard to the references therein to December 31, 2001.

(5)

The owner of a nonconforming adult oriented business who reasonably believes it will be unable to recoup the investment in said existing business by December 31, 2001 may request an extension of the amortization period. Said written application must be filed with the director of planning and development no later than one hundred eighty (180) days after applying for an original permit under this division 5, and no application for extension received after that date shall be considered. Said written application shall set forth the following information:

A.

The amount of the owner's investment in the existing enterprise through the date of issuance of the certificate of occupancy for the adult oriented business;

B.

The amount of such investment that will be realized through December 31, 2001;

C.

The life expectancy of the existing enterprise; and

D.

The existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such lease.

E.

The information submitted for A-D shall be supported by attaching true, complete, and legible copies of relevant documentary evidence such as financial statements and tax records, with all attachments, schedules, and exhibits referenced in the financial statement or tax records.

(6)

The director of planning and development shall notify the applicant of the time and place of the hearing to be held on request for amortization extension. Said hearing shall be held before the director of planning and development. After such hearing the director of planning and development shall issue a written order on said request for extension.

(7)

The director of planning and development shall grant an amortization extension for a period of time not to exceed one (1) calendar year upon making the following determinations and findings:

A.

The owner has made every effort to recoup the investment in said adult oriented business prior to the amortization deadline;

B.

The owner will be unable to recoup the investment in said adult oriented business on or before December 31, 2001; and

C.

That all other applicable provisions of this ordinance are being and shall continued to be observed.

D.

The decision of the director of planning and development on amortization extensions are final.

(8)

If an initial extension is granted and the permittee believes said extension is insufficient, the permittee may request an additional grant or grants of time extensions not to exceed one (1) year each, in order to recoup the investment in said adult oriented business. Additional applications shall be filed with the director of planning and development no sooner than ninety (90) days nor later than sixty (60) days prior to the expiration of the current amortization extension.

(9)

Extensions that are granted shall specify a date certain for closure and shall not be valid for operation at any other location or for any other adult oriented business at the same location.

(10)

Any amortization extension granted is deemed immediately revoked by operation of this law if the ownership, control, permit, or business is transferred (except upon death bequest or bankruptcy); and, upon such transfer, the adult oriented business at the location shall immediately cease to operate.

(Ord. No. 96-80, § II, 11-12-96)

The director of planning and development shall suspend a permit authorized by this ordinance for a period not to exceed thirty (30) days if the director of planning and development determines that:

(1)

The permittee, owner, intended operator, or contractor or agent of any of them refuses to allow a lawful inspection of the premises of an adult oriented business by a representative of the police department, health department, fire department, building official, code inspector, or the Texas Alcoholic Beverage Commission at any time said business is occupied or open for business; or

(2)

The permittee, owner, or other person seeking an amortization extension fails or refuses to provide the required supporting materials described above; or

(3)

The permittee, owner, intended operator, or an employee, contractor or agent of any of them violates any other provision or regulation prescribed in this division 5.

(4)

The suspension of any permit shall not toll, abate, or otherwise extend or suspend the operation of any prescribed time period which would prompt a loss of nonconforming use, or regarding the deadline for applying for a subsequent permit, or for an amortization extension.

(Ord. No. 96-80, § II, 11-12-96)

(1)

The director of planning and development shall revoke a permit authorized by this division if the director of planning and development determines:

A.

That a permit is currently under suspension or has previously been suspended within the preceding 12 months, and another occurrence giving cause for suspension now exists;

B.

A permittee, owner, or intended operator gave false or misleading information to the planning and development department during the application process for the permit in question, when applying for a nonconforming use permit, or for an extension of the amortization schedule;

C.

A permittee, owner, intended operator, contractor, or an agent of any of them operated or caused to be operated the adult oriented business during a period of time when the permit was suspended;

D.

A permittee, owner, intended operator, employee, contractor, or the agent of any of them has knowingly allowed any act of sexual intercourse; sodomy; oral copulation; masturbation; sexual contact; sexual bestiality; obscenity, sale, distribution, or display of material harmful to a minor; employment harmful to children; possession or promotion of child pornography; public lewdness; indecent exposure; indecency with a child; sexual assault; harboring a runaway child; or an aggravated form of any of these offenses; criminal attempt, conspiracy, or solicitation to commit any offense listed above, to occur in or on the premises;

E.

A permittee, owner, or the agent or contractor of either of them is delinquent in payment to the city of Killeen, the Killeen Independent School District, Bell County, or the state of Texas, for ad valorem taxes, sales taxes, or administrative fees, assessments, penalties, interest, or fines related to either the adult oriented business or the premises at which it is located;

F.

A permittee, owner, intended operator, employee, contractor, or the agent of any of them has knowingly allowed the possession, sale, or use of controlled substances in or on the premises; or

G.

On two (2) or more occasions within a 12 month period, a person or persons committed a criminal offense in or on the premises of the adult oriented business, listed in section 31-562D, for which a conviction has been obtained, and a person or persons involved in the crime was a permittee, owner, intended operator, or an employee, contractor, or agent of any of them.

(2)

A revocation shall continue for one year after its imposition, and the permittee shall not be issued an adult oriented business permit for any adult oriented business at any location for one year from the date the revocation was imposed.

(3)

The revocation of a permit shall not toll, abate, or otherwise extend or suspend the operation of any prescribed time period prompting a loss of nonconforming use, or regarding the deadline for applying for a subsequent permit, or for an amortization extension.

(Ord. No. 96-80, § II, 11-12-96)

(1)

If the director of planning and development denies the issuance of a permit, or suspends or revokes a permit issued hereunder, the director of planning and development shall, the next business day after said action, send to the applicant or permittee, by certified mail, return receipt requested, written notice of the denial, suspension or revocation, stating the reason(s) therefore and the right to judicial appeal. Further, the director of planning and development shall also physically post a complete and legible copy of said notice to the front public door of the premises of the adult oriented business by using either tacks, tape, or nails, and shall document the exact date and time of posting of this notice in the official permit file regarding that adult oriented business.

(2)

Upon receipt of written notice of the denial, suspension, or revocation, the applicant or permittee shall have the right to appeal to the state district court. An appeal to the state district court must be filed within thirty (30) days after receipt of notice of the decision of the director of planning and development. The applicant or permittee shall bear the burden of proof in court as to all issues.

(Ord. No. 96-80, § II, 11-12-96)

Nothing in this division 5 is intended to legalize anything prohibited under the Texas Penal Code or any other federal or state law or city ordinance.

(Ord. No. 96-80, § II, 11-12-96)

(1)

In addition to the administrative remedies provided (denial, suspension, or revocation of permits or applications), any person convicted of violating any provision of this ordinance shall be guilty of a class A misdemeanor, as described by section 12.21 of the Texas Penal Code and as authorized by section 243.010(b) of the Texas Local Government Code. Each day that a violation occurs shall constitute a separate offense.

(2)

In addition to any other remedy provided by law, the city and its officers shall have the right to enjoin any violation of this ordinance by civil injunction issued by a court of competent jurisdiction and recover costs and attorney fees.

(Ord. No. 96-80, § II, 11-12-96)

The purpose of this division is to promote the health, safety, welfare, and aesthetics of the community by providing appropriate regulations for commercial and personal towers, minimizing the visual impact of towers through design, screening and landscaping, and protecting property by assuring proper engineering and siting of tower structures.

(Ord. No. 97-62, § II, 11-25-97)

Only for the purpose of this division of the zoning ordinance, the following words and phrases shall have the meaning ascribed to them as follows:

Alteration means any modification, replacement, or reconstruction that materially increases the height or the dimension of a tower structure.

Antenna means any device used to collect or radiate radio waves, microwaves, or electromagnetic spectrum waves. An antenna could include directional or panel antennas, ancillary antenna, parabolic or panel dishes, omni-directional antennas such as whips, and other similar transmitting or receiving equipment intended for personal or communications use.

Back haul means to transmit data/signals through a wire line, microwave, or other connection from the antenna to the wire-line local exchange telephone loop.

Collocation means the use of a single support structure by more than one person, entity, or communication service provider.

Communication Facility (CF) means a facility for the transmission or reception of radio, microwave, or electromagnetic spectrum signals used for communication by a service provider. CFs are composed of one or more of the following components:

(a)

Antenna;

(b)

Equipment enclosure;

(c)

Security barrier; and/or

(d)

Communication tower.

Director shall mean the director of planning for the City of Killeen, or his or her designated representative.

Electric substation and electric substation structure means all enclosed property and structures within any electric public utility substation.

Equipment enclosure is defined as a small structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing communication or other signals received by an antenna or tower. Associated equipment may include air conditioning and emergency generators.

Existing nonresidential structure is any existing nonresidential structure, such as a water tower, commercial building, or electric utility tower to which an antenna may be attached.

Height means the vertical distance between the finished grade at the base of the tower or nonresidential structure, or the lowest point of contact with the building, and the highest point of the structure, including the antennas.

Historic district, structure or site is defined as any district, structure, or site designated as historic by any lawfully authorized local, state, or federal historical preservation entity or governmental entity, including the city.

Monopoles are self-supporting structures consisting of a single pole sunk into the ground and/or attached to a permanent foundation.

Residential structure means any structure that is at least 50% built, designed, or altered to provide living accommodations and at least 50% of the building's intended use is residential.

Residentially zoned property is any real estate located within any of the following districts: agricultural, agricultural single-family residential, single-family residential, single-family garden home residential, residential modular home single-family, residential townhouse single-family, two-family residential, multi-family residential, mobile home, and manufactured housing districts.

Service providers means any company, corporation, alliance, individual, or other legal entity that provides a broadcast or communication service available to the public, or to a select segment of the public, such as the entity's own employees. Services include, but not limited to, portable phones, car phones, pagers, digital data transmission, two-way radio, radio, or television communication.

Tower means any fixed, free standing, uninhabitable, tall/slender structure, not a shelter, used for observation, signaling, communication, and includes any appurtenances and support antennas or other associated hardware. This definition shall include alternative tower structures such as man-made trees, clock towers, bell steeples, flag poles, utility facilities, and other similar structures designed to camouflage or conceal the presence of towers.

(Ord. No. 97-62, § II, 11-25-97)

(a)

Towers and antennas meeting applicable setback requirements in section 31-605 may locate without a conditional use permit as follows:

(1)

Within agricultural ('A') and manufacturing districts (M-1 and M-2) if the tower height does not exceed one hundred twenty (120) feet or encroach into any restricted airspaces or zones and is located no closer than one hundred twenty (120) feet from any property used or zoned for residential use. A guy wire or guy anchor and equipment enclosures for a facility must not be closer than twenty-five (25) feet to any property used or zoned for residential use.

(2)

On the roof of any nonresidential and non-historic structure, within any zoning district, provided the tower does not raise the height of the building or structure more than ten (10) feet or does not measure more than ten (10) feet above any roof parapet wall and does not encroach into any airspaces or zones.

(3)

On the vertical exterior of any nonresidential and non-historic structure, within any zoning district, provided the antenna or antenna support structure or equipment:

a.

Is mounted flush with the exterior of the structure or projects no more than twenty-four (24) inches from the surface of the structure to which it is attached and does not raise the height of the structure more than ten (10) feet and that said projection is at least fifteen (15) feet above grade; and

b.

Is textured and colored so as to blend with the surrounding surface of the structure.

(4)

On city-owned properties and structures by city council approval. Location, design and other restrictions applicable to a tower on municipal property or facility are subject to approval by the city council, subject to the height restrictions within this section.

(b)

Citizen band and amateur radio towers may be constructed in any zoning district provided they do not exceed thirty-five (35) feet in height and comply with all city codes and ordinances

(Ord. No. 97-62, § II, 11-25-97; Ord. No. 00-52, § II, 6-27-00; Ord. No. 10-059, § III, 9-28-10; Ord. No. 17-035, § I, 6-13-17)

(a)

Any tower that does not comply with both subsections 31-602 and 31-605 may be constructed only upon approval of a conditional use permit as provided in section 31-456 of this chapter.

(b)

Conditional use permits must be approved by the majority of the planning and zoning commission and then by the city council with a three-fourths affirmative vote. The city council may impose reasonable conditions and safeguards deemed appropriate to that application in order to protect the health, safety, and welfare of the public and protect property and property values.

(Ord. No. 97-62, § II, 11-25-97; Ord. No. 10-059, § III, 9-28-10; Ord. No. 17-035, § I, 6-13-17)

(a)

To minimize the number of CFs to be sited, applicants shall cooperate with other service providers in collocating additional antennas on existing towers and/or structures to the extent that collocation is reasonably economically feasible. An applicant shall exercise good faith in collocating with other providers and sharing the permitted site. Such good faith shall include sharing technical information to evaluate the feasibility of collocation. The burden is on the owner of an existing CF to prove it is not technically or economically feasible for the applicant to collocate.

(b)

Service providers shall, to the maximum extent feasible, promote collocation of antennas by multiple providers through the use of nonexclusive agreements for antenna sites, relocation and reconfiguration of antennas to accommodate additional users, utilization of current technology to maximize antenna separation and minimize antenna/tower height and obtrusiveness, and ensure building support structures are of sufficient strength and do not jeopardize public safety.

(c)

As a condition to erecting a CF within the city, a party agrees to:

(1)

Design and construct a CF in a way that the structure can support additional antenna systems having the same or similar wind and weight loading characteristics that are proposed by the applicant.

(2)

Provide tower space on a reasonable, proportioned cost basis to other service providers who seek use of the structure, unless it would result in the creation of a level of radio frequency interference which would degrade applicants' services.

(3)

Appear and participate in all contested hearings conducted by the planning and zoning commission and/or the city council which pertain to an applicant's request to collocate on the party's CF. Failure to participate in good faith shall be deemed a violation of this ordinance which may be remedied by the revocation of special use permit and/or removal of the party's CF.

(d)

In addition to efforts to collocate antennas, prior to submitting a request for a special use or building permit to construct a tower, the applicant shall identify vertical structures in the applicant's identified target area and assess the capability of one of those sites to accommodate their needs. Modifications to existing structures to accommodate additional antennas may be administratively approved by the building official if the height of the existing structure is not increased by more than fifteen feet and the structure meets original setback requirements.

(e)

This subsection shall not apply to citizen band or amateur radio towers and equipment.

(Ord. No. 97-62, § II, 11-25-97)

(a)

All towers shall be located in such a manner that if the tower should fall along its longest dimension it will remain within the premises of the property owner and will avoid public streets and utility lines.

(b)

In addition to the provisions of (a) above, a guy wire or guy anchor for a facility must not be closer than twenty-five (25) feet to any property used or zoned for residential use.

(c)

Property uses and distances referred to in this section shall be determined as of the date and time the tower permit application is approved.

(d)

Equipment enclosures shall be set back from property lines as prescribed for the district in which the enclosure is located or ten (10) feet, whichever is greater.

(e)

The setback required by this section for a telecommunication facility tower that is not adjacent to property used or zoned for residential use shall be reduced to a minimum of fifty (50) feet if the tower will be designed with stress points within the structure and will fall within the reduced setback in case of major windloads, ice loads or a sustained windspeed of one hundred thirty (130) mph, as determined by a licensed design engineer. The design engineer shall also certify that the tower will avoid public streets and utility lines.

(Ord. No. 97-62, § II, 11-25-97; Ord. No. 17-035, § I, 6-13-17)

(a)

A CF must be completely enclosed by a screening device which limits climbing access to such tower and any supporting systems, lines, wires, buildings, or other structures. The facility must be fully enclosed by a screening device, as defined in section 31-2.

(b)

The screen shall be consistent in color and character to surrounding structures and properties.

(c)

The screen shall have no openings, holes, or gaps larger than four (4) inches measured in any direction.

(d)

The screen may contain gates or doors allowing access to the CF. Such gates or doors shall be kept completely closed and locked except for maintenance purposes and shall be located so that all gates and doors do not intrude into a public street when open.

(Ord. No. 97-62, § II, 11-25-97; Ord. No. 24-039, § I, 9-17-24)

(a)

The owner or operator of a tower shall be responsible for the maintenance of the tower and shall maintain all buildings, structures, supporting structures, wires, fences, or ground areas used in connection with the tower in a safe condition and in good repair and in compliance with the city building, fire, and other applicable codes, regulations, or ordinances. Maintenance shall include, but shall not be limited to, maintenance of the paint, landscaping, screening, equipment enclosure, and structural integrity. If the city building official finds that the tower is not being properly maintained, he shall declare it to be a public nuisance and notify the owner of the tower and of the land if different. If the owner fails to correct the problem within the time allotted by the city, the city may undertake any or all of the following actions: maintenance at the expense of the owner, revoke the special use permit, or require removal of the tower.

(b)

By applying for a building permit for a tower, the applicant specifically grants permission to the city, its duly authorized agents, officials, and employees, to enter upon the property after first making a reasonable attempt to notify a person designated by the applicant, except in the event of an emergency, for the purpose of making all inspections to assure compliance with all city codes and ordinances.

(Ord. No. 97-62, § II, 11-25-97)

(a)

The applicant and any subsequent operator or owner shall comply with federal standards for electromagnetic spectrum emissions and must annually submit a signed statement that the proposed site fully complies with federal standards for radio frequency emissions. The city reserves the right to request that the applicant submit to the city a report sealed by a registered electrical engineer which provides the estimated cumulative field measurements of electromagnetic spectrum emissions of all emitters installed at the subject site and compares the results with established federal standards. If on review the city finds that the proposed or established CF does not meet federal emission standards, the city may take any or all of the following actions: deny or revoke the special use or building permit, require a work stoppage if under construction, require cessation of operations until remedied, or require removal of the CF. Unless the non-compliant condition presents an immediate threat to health and safety, before applying these remedies the city shall provide a sixty (60) calendar day correction period.

(b)

The applicant shall ensure that the facility will not cause localized interference with the reception of area television or radio broadcasts, or other legally existing communications facilities. If on review, the city finds that the facility will interfere with such reception, it may use any remedy identified in subsection (a).

(Ord. No. 97-62, § II, 11-25-97)

(a)

All towers and communications facilities (excluding citizen band and amateur radio) shall conform to the following development standards:

(1)

All towers must be a monopole construction. An alternative tower design structure, as defined in section 31-601, may be approved by the building official.

(2)

To minimize potential safety hazards, towers shall be set back as required in section 31-605.

(3)

All lots on which towers and communications facilities are located must have all-weather access to a public street.

(4)

Towers shall be constructed in accordance with the city building codes, be certified by a professional engineer as to structural integrity of the tower and its appurtenances and shall be in compliance with the City of Killeen Code of Ordinances.

(5)

Towers shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to:

a.

Disguise as much of the tower as possible from the public view;

b.

Use site features as a background so that the tower blends into the background with increased sight distances; and

c.

To the degree technically feasible, locate on a portion of the site that is effectively isolated from view of residential areas by structures or terrain features unless the tower and facility are integrated or act as an architectural element of the structure such as a flag pole or parking lot light or are effectively screened through installed landscaping or other acceptable screening.

(6)

Communications facilities shall landscape screening. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or in supplement towards meeting landscaping requirements. The installed landscaping requirements include:

a.

A row of shade trees a minimum of one inch (1") diameter shall be planted around the CF screen (required in section 31-606) with a maximum spacing of twenty-five (25) feet.

b.

A continuous hedge of one gallon sized (minimal) evergreen ground cover shall be planted along communications facility screen.

c.

All landscaping shall be drought-resistant or irrigated and properly maintained to ensure good health and viability.

d.

The city may waive landscaping requirements if the design of the tower is such that landscaping would cause the tower to be more obtrusive, or the tower is integrated or acts as an architectural element of a structure such as a flag pole, parking lot light, bell tower, or other similar structure and/or the city determines landscaping to be unnecessary.

(7)

All 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 on any tower.

(8)

Communication towers shall be lighted with low intensity lights to provide added visibility for aviation navigation.

(b)

Service providers wishing to construct a tower shall ensure and submit documentation demonstrating:

(1)

That the tower will be erected and operated in compliance with current FCC and FAA rules and regulations and other applicable federal, state, and local standards and particularly those applicable to civil or military airports, airfields, or heliports.

(2)

That all back haul providers are identified and have all the necessary approvals to operate as such, including holding necessary franchises, permits, and certificates.

(3)

A notarized statement signed by the CF operator, owner, and the landowner that indicates:

a.

All agree to allow collocation of additional equipment by other service providers on the applicant's structure or within the same site location, provided that such space is available on a reasonable and non-discriminatory basis and will provide an estimated cost schedule for such collocation services.

b.

An understanding of section 31-607 relating to maintenance and inspections.

c.

An agreement to inform the city of any intent to abandon or cease using an antenna or tower within thirty (30) days of the date the use ceases. The agreement must state a willingness to remove the tower and accessory buildings and equipment upon six (6) consecutive calendar months of discontinued use. The six (6) month period may be administratively extended to provide a period of up to one year from the date of operation cessation to market the antenna or tower to other carriers. The responsibility for removal falls upon the landowner. In the event the tower and accessory buildings and equipment are not removed when so ordered, the city may remove the tower and accessory buildings and equipment and recover the costs associated with such removal from the landowner and place a lien upon the property until such costs are paid.

(4)

A report certified and sealed by a registered professional engineer stating that all structural components of the tower comply with all applicable codes and regulations. In the case of communication facilities, the report should further note the extent to which the tower is designed and/or built to accommodate collocation. In addition, a sealed report from a registered electrical engineer certifying that electromagnetic spectrum emissions are in compliance with applicable federal standards must be submitted.

(5)

An agreement to reimburse the city for actual costs incurred by the city to review and process the application. Should the city question either the certifications submitted with the application or the level or emissions during subsequent operations, the city may request an independent evaluation. If the submission or level of emission is found to be in error, the actual cost incurred by the city for this evaluation will be billed to the service provider or added to the application fee.

(6)

To enhance the city's ability to plan for collocation, a service provider shall provide a master antenna plan, including maps:

a.

showing the projected locations and characteristics of all proposed future sites in the city and in its extraterritorial jurisdiction (ETJ);

b.

indicating coverage areas of the proposed and existing sites within the city and its ETJ.

Updates or revisions of the above documents shall be filed with the city within thirty (30) days of completion. Applicants may identify such information as "confidential and proprietary." Information so marked will not be released to any third party unless the city of Killeen is directed to do so by the state attorney general's office.

(7)

Site and landscaping plans indicating:

a.

the specific placement of the tower and all related structures on the site;

b.

the location of existing trees and other significant site features;

c.

the type and location of landscaping proposed for screening;

d.

the color(s) for the tower; and

e.

architectural drawings for the proposed site.

(Ord. No. 97-62, § II, 11-25-97; Ord. No. 05-69, § VIII, 9-13-05)

(a)

Any city permit, including the special use permit, shall become null and void if the permitted tower and communication facility is not constructed within six (6) months of the date of issuance, provided that the special use permit may be extended one time for six (6) months if foundation inspection has been completed before the expiration of the initial six months.

(b)

The applicant/permittee of a tower or antenna constructed on city-owned property shall expressly indemnify, protect, and hold the city harmless to the maximum extent allowed by law. No exceptions to this requirement shall be allowed.

(c)

Any city permit, including a special use permit, for a tower shall expire and the applicant must remove the tower if it is not put into use within one hundred twenty (120) days after construction or if use is discontinued for a period in excess of six (6) consecutive calendar months. If the tower is not so removed, the city may cause the tower and accessory buildings and equipment to be removed, and all expenses of removal shall be paid by the owner of the land where the tower is located.

(d)

The applicant/permittee shall notify the director of all changes in ownership or operation of the tower within thirty (30) days of the change.

(e)

Any other limitations imposed by the city council as a condition of a special use permit.

(Ord. No. 97-62, § II, 11-25-97)

A tower which was legally in existence on the date of final passage of this division of the zoning ordinance shall not be required to be removed or relocated in order to meet minimum distance requirements. However, any alteration of the physical dimensions (excluding collocation) or renovation due to any cause which exceeds 50% of the value or physical modification which exceeds 50% of the area of existing towers or facilities shall require compliance with the applicable provisions of this division of the zoning ordinance.

(Ord. No. 97-62, § II, 11-25-97)

The purpose of this division is to promote the health, safety, welfare, and aesthetics of residential communities by providing appropriate regulations for home based child care facilities to minimize the impact of such land uses may have on neighboring properties.

(Ord. No. 99-47, § IV, 6-8-99)

(a)

To assure the health, safety, and well being of the children of the City of Killeen who receive care outside their homes, the Texas Department of Protective and Regulatory Services minimum standards for registered family homes, group day care homes, and regulation of certain facilities, homes and agencies that provide childcare services (chapter 42—Human Resources Code), as adopted and amended are hereby incorporated by reference for all intents and purposes. In the event of a conflict between the above referenced standards and city ordinances, the most restrictive standard shall control.

(b)

Definition: As used in this chapter, "home based child care facility" shall include any facility registered or licensed by the Department of Protective and Regulatory Services.

(c)

All references to the city manager or the building official also includes a designee named by either official.

(Ord. No. 99-47, § IV, 6-8-99)

(a)

Prior to accepting children for care, a home based child care facility must secure a certificate of occupancy issued by the city building official. A copy of the appropriate Texas Department of Protective and Regulatory Services certification (registration or license) must be attached to the request for the certificate of occupancy inspection. The applicable minimum standards, referenced above, and applicable fire, safety, health, and building regulations and codes shall serve as a guideline in the decision whether to issue said certificate. Any variance allowed by the applicable minimum standards shall be accepted as a valid variance by the city building official, in determining compliance with fire, safety, health, or sanitation requirements. The applicant for such certificates shall reside on the premises as his/her principal dwelling place.

(b)

The administrative and inspection fee, as set by the city council, must be tendered with the complete application. Should a home not pass inspection, it will receive a second inspection after 10-15 business days. Any further inspection will require an additional tender of the fee per inspection. The fee is not refunded if the premises fails the inspection or application is withdrawn.

(c)

The city manager may revoke the certificate of occupancy if the person holding the certificate refuses or fails to comply with the requirements of:

(1)

this chapter;

(2)

certificate of occupancy;

(3)

fire codes and regulations;

(4)

health and safety codes and regulations;

(5)

building codes and regulations; or

(6)

any law governing, or any standard pertaining to the operation of a home based child care facility.

(d)

Appeal provision. If the city manager denies the issuance of a certificate of occupancy or revokes a certificate of occupancy issued hereunder, the city manager shall, the next business day after said action, send to the applicant or holder of the certificate of occupancy a certified letter (return receipt requested) giving notice of the denial or revocation, stating the reason(s) therefore and the right to appeal. Further, the city manager shall physically post a complete and legible copy of said notice to the front public door of the premises of the home based child care facility and shall document the time and date of this posting. The applicant or holder of the certificate of occupancy may appeal the denial or revocation of a certificate of occupancy to the city council subject to the following:

(1)

The appeal must be in writing and filed with the city manager's office within ten (10) business days after the posting of the written notice of denial or revocation;

(2)

The appeal must clearly set out the basis of such appeal;

(3)

A hearing shall be scheduled for the next regular city council meeting no earlier than ten (10) business days after receipt of the appeal;

(4)

The city council shall formally act upon the appeal at the meeting. During the hearing, the mayor or other presiding officer may receive any information which he or she deems to be relevant and material, but at a minimum shall hear the appealing party and the city manager. If the decision of the city manager is overturned, the certificate of occupancy shall be issued. If the decision of the city manager is upheld, the applicant or permittee shall have the right to appeal to the state district court. An appeal to the state district court must be filed within thirty (30) days after the date of the decision of the city council. The applicant or permittee shall bear the burden of proof in the council hearing and in court as to all issues.

(Ord. No. 99-47, § IV, 6-8-99)

(a)

Home based child care facilities may be located in any residential area subject to the following:

(1)

Maximum number of children in care in addition to the children residing at that address may not exceed:

(2)

In no event shall the number of children in care exceed the state published staff-child ratio standards.

(3)

A certificate of occupancy for the operation of a home based child care facility may not be issued to an applicant with an address on a lot or parcel within or less than a 200-foot radius from a property line of a lot on which an existing home based child care facility is located.

(b)

Home based child care facilities shall comply with the following conditions:

(1)

Hours of operation shall be not more than twenty (20) consecutive hours in a twenty-four hour period. However, under extenuating circumstances (e.g., military orders or family medical emergency), a child(ren) may be retained in care for longer than the twenty-hour period.

(2)

A fence, not less than four (4) feet in height, shall be placed around any outdoor play area. Outdoor play equipment shall not be placed in the front yard.

(3)

A parking area shall be provided for off-street loading and unloading of children on a concrete or paved surface. No loading or unloading of children on the street shall be allowed.

(4)

Staffing:

a.

No persons other than occupants of the premises shall be engaged in the operation of the home based child care facility.

b.

The preceding subsection (4)a does not preclude the home based child care provider from acquiring the services of an independent contractor to function as a substitute provider to be present in the occasional absence of the home based child care provider.

(5)

Home based child care facilities shall not involve the use of advertising signs or window displays on the premises or any other local advertising media which call attention to the fact that the home is being used for business purposes. A telephone number may be included in a directory listing or an advertisement; however, no business address may be published or advertised.

(6)

The outside appearance of the residential dwelling shall not be altered from its residential character in any way.

(7)

The home based child care use shall not increase the number of vehicles parked on the premises by more than two (2) additional vehicles at any time. All customer/client parking shall be off-street and in a paved area.

(8)

The home based child care use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the applicable zoning district.

(Ord. No. 99-47, § IV, 6-8-99)

(a)

A home based child care facility that was legally registered or licensed and permitted, as appropriate, on the date of passage of this division of the zoning ordinance may continue to operate in that classification, in compliance with the Texas Department of Protective and Regulatory Services regulations and standards, by the current care giver at the current address. If the current home based child care provider ceases to operate the facility for a period of 90 days (or longer), it is deemed an abandoned use, and any reestablished facility must be in full compliance with this ordinance.

(b)

Current registered and licensed child care facilities that do not possess a certificate of occupancy shall have thirty (30) days from the effective date of this ordinance to make application for such certificates in order to qualify for protection under these pre-existing provisions.

(Ord. No. 99-47, § IV, 6-8-99)

A planned unit development (PUD) is a land use design incorporating the concepts of density and common open space. Common open space shall include, but is not limited to, community amenities such as parks, gardens, pedestrian trails, recreation areas, and usable undisturbed, natural areas. The PUD designation serves as an "overlay zoning and development classification." In this capacity, the designation permits specific negotiated development regulations to be applied to the base land use zoning district(s) in which the property is located. When a parcel of land receives a PUD designation, the entire parcel must be assigned one or more standard zoning district classifications. However, the added PUD overlay classification enables the developer of the site to request that specific land use development regulations be applied to his development site. Such specific land use and development regulations shall not take effect until they are reviewed, public hearings held and approved by both the planning and zoning commission and the city council.

(Ord. No. 05-101, § III, 10-25-05; Ord. No. 14-092, § I, 12-9-14)

The PUD classification is an overlay designation to provide the flexibility to permit development projects which may include multiple land uses. This classification serves the following purposes:

(a)

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

(b)

Ensure structured review and approval procedures are applied to unique development projects that intended to take advantage of common open space and promote pedestrian circulation;

(c)

Allow developers greater freedom to be innovative in selecting the means to provide access, light, open space and amenities; and

(d)

Provide flexibility from the strict application of existing development regulations and land use standards and allow developers the opportunity to take advantage of special site characteristics and location.

The regulatory provisions of this classification are intended to achieve the above purposes while maintaining the spirit of the current City of Killeen Development Regulations, as amended. As such, these provisions represent the governing body's minimum quality of life standard and no variance or exception shall be granted thereto.

(Ord. No. 05-101, § III, 10-25-05)

A PUD may be permitted in any zoning district. No PUD may be located outside of the corporate limits of the City of Killeen or in an area which does not have access to a full compliment of urban infrastructure and includes development plans for water, sanitary sewer, storm sewer, or other appropriate drainage infrastructure and paved streets. The following minimum requirements shall apply:

(a)

PUDs shall be located within one-mile radius of an arterial street.

(b)

PUDs shall conform to City of Killeen ordinances and zoning requirements unless specifically exempted by negotiated development regulations approved for use within the development.

(c)

In no case shall a PUD be exempted from compliance with existing city land use, utility, or thoroughfare master plans.

(d)

Generally, the minimum acreage for a planned development shall be five acres. The planning and zoning commission may recommend approval of PUDs on less acreage on a case-by-case basis.

(e)

Combinations of residential, office and commercial land use activities may be permitted under the PUD classification. The submitted land use plan will be evaluated based on the compatibility of land uses to each other and the degree to which landscaping and screening are used to buffer less compatible land uses.

(f)

Yard sizes within the PUD should generally follow guidelines for similar districts in the zoning ordinance; however, modifications to the yard sizes and lot areas may be requested when the open space and common area amenities justify the overall deviation.

(g)

Open space landscaped buffers shall be required to separate land uses within the planned development from land uses adjacent to the planned development unless the planning and zoning commission and the city council conclude that no incompatibility exists between the land uses. No structure, parking lot, equipment pad, or other manmade construction not approved by the city shall be placed in an open space buffer. Generally, the minimum size of an open space buffer shall be twenty-five (25) feet measured from the property line. The planning and zoning commission may recommend approval of PUDs with smaller open space buffers on a case-by-case basis. This buffer may be extended and screening and/or landscaping may be required within the buffer based on the perceived degree of incompatibility between land uses or other criteria such as development density or topography as determined by the planning and zoning commission or the city council.

(h)

Parking area and number of spaces should generally follow regulations for applicable uses prescribed in this chapter, but may be increased or decreased as deemed necessary by the planning and zoning commission.

(Ord. No. 05-101, § III, 10-25-05; Ord. No. 14-092, § I, 12-9-14; Ord. No. 20-024, § I, 5-26-20)

The procedure for requesting, processing, and approving a PUD classification shall conform to those procedures prescribed for requesting a zoning change. The development regulations which the developer desires to have approved for the proposed PUD will be submitted concurrent with the requested zoning change for a PUD classification. Development plats shall not be submitted until approval action on the PUD classification has been taken by the city council.

(a)

PUD review. The planning and zoning commission will assess the impacts the proposed PUD will have on planning goals, utilities, emergency services, traffic, and all properties adjoining and likely to be influenced by the proposed PUD development. The city shall comply with the notification, public notice, and public hearing requirements mandated for changes in zoning districts. The planning and zoning commission shall make recommendations regarding approval/denial, development regulations, and any mitigating conditions required of the PUD classification to the city council. The city council may approve/disapprove the PUD classification, modify any requested development regulations, and impose any conditions relative to the development of the PUD. Unless otherwise stipulated, such conditions shall be complied with before any permit shall be issued for the construction of any structure within the PUD.

(b)

Assessment criteria. Each proposed PUD development shall be reviewed to determine the compatibility of the development with surrounding land uses and the compatibility of the land uses within the development. No PUD shall be approved if it is found that the proposed development:

(1)

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

(2)

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

(3)

Potentially create unfavorable effects or impacts on other existing or permitted uses on abutting sites that cannot mitigated by imposed conditions, screening, or other provision of this section;

(4)

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

(5)

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

(6)

Adversely affects emergency access, traffic control, or adjacent properties by inappropriate infrastructure standards, location, access, lighting, or type of signs; or

(7)

Will be detrimental to the public health, safety and welfare, or injurious to property or improvements in the vicinity, for reasons specifically articulated by the planning and zoning commission or the city council.

(Ord. No. 05-101, § III, 10-25-05)

At the time the PUD classification application is submitted, the applicant shall concurrently submit a proposed development site concept plan drawn at a 1" = 100' scale. If the PUD will include existing structures or improvements, as-built drawings to scale are required. The development site concept plan shall show adjacent land uses and include all proposed land uses by lot and in general terms identify the street layout and the developer's intent with regard to easements. The concept plan shall identify, either illustrated on the plan or with attached narrative, the residential density, lot areas, lot widths, lot depth, yard depths and widths (setbacks), building heights, maximum lot coverage, parking areas, public access, landscaping, screening, signage, lighting, common spaces and amenities. The concept plan shall be accompanied with the topography (2-foot contours), existing and proposed drainage patterns, existing and proposed drainage areas, creek buffer zones and special flood hazard areas. If the project is to be completed in phases, the concept plan shall cover the complete project. The boundaries of each phase will be shown and each phase shall meet the minimum acreage requirement. The final plat for a PUD development shall be submitted only after the city council's approval of the PUD classification request. It shall conform to the City of Killeen development regulations as amended and any mitigating conditions specifically approved in the PUD ordinance. The following examples are techniques that may be used within a PUD concept plan: cluster development with a minimum of 15% common open space: projects including a minimum of 10% of common open space, with at least 50% of any proposed community amenities located outside of any FEMA regulatory floodplain area.

(Ord. No. 05-101, § III, 10-25-05; Ord. No. 14-092, § I, 12-9-14)

If the PUD includes private infrastructure, common areas or facilities that typically are not accepted by the city for maintenance (i.e., fences, private parks, pools, entrance ways, etc.) and will not be dedicated to the city, an owners' association shall be established and shall own and be responsible to provide for operation, repair and maintenance of all common areas, fences, walls, gate equipment, landscaping, and all other common facilities including but not limited to, streets, drives, sidewalks, service areas, and parking areas and structures and common recreational areas that are a part of the planned unit development. The association's articles of incorporation, bylaws, and any covenants and restrictions must be submitted with the application for the PUD classification and approved by the city as a part of the planned unit development. The association documents shall be filed for record in the official land records of Bell County, Texas, in conjunction with the dedication. The documents shall contain the following provisions which shall not be amended without the written consent of the city, nor shall any variances or exceptions be granted thereto:

(a)

A provision to establish a self-sustaining reserve fund for the operation, repair and maintenance of all private infrastructure and common use facilities.

(b)

A provision that requires the association to maintain a current repair and maintenance plan for all private infrastructure and common use facilities demonstrating that the association is self-perpetuating and adequately funded to accomplish its maintenance responsibilities.

(c)

Lot deeds must convey mandatory membership in the association and provide for the payment of dues and assessments required by the association.

(d)

Provisions shall extend to the city written permission for practical access to public right-of-way, easements and utilities at any time without liability when on official business. This practical access will also extend to the city, without liability, permission to remove obstructions including, but not limited to, any gate, vehicle or any other type of obstacle that precludes the accomplishment of the official business. The association shall be assessed all costs incident to the removal of such obstacles.

(e)

The association may not be dissolved without the prior written consent of the city and 75% of the total membership of the association. Plans to dissolve the association must contain provisions for the liquidation of association real estate and other property assets and include a document that provides for the future maintenance of any private infrastructure and common use areas.

(f)

Association documents shall contain language whereby the association, as owner of private infrastructure and common use facilities, agrees to release, indemnify, defend, and hold harmless the city, any governmental entity, and public utility to the extent provided by law for damages to the private infrastructure and common facilities occasioned by the reasonable use of such private infrastructure and common facilities by the city, governmental entity, or public utility; for damages and injury arising from the condition of said private infrastructure and common use facilities; for damages and injury arising out of the use by the city, governmental entity, or public utility of any restricted access or entrance; and for the damages and injury arising out of any use of the planned unit development by the city, governmental entity, or public utilities for such damages and injuries. Such indemnity shall be limited to damages or injury resulting from the city, governmental entity, or public utility use of private infrastructure or common use facilities while such entity is exercising its authority to gain practical access to public right-of-way, easements or utilities in furtherance of official business.

(Ord. No. 05-101, § III, 10-25-05; Ord. No. 10-003, § VI, 2-9-10)

The granting of a PUD classification shall not relieve the developer from the responsibility to comply with all other applicable governmental regulations, instructions, codes, resolutions and ordinances of the city except to the extent expressly specified in the ordinance approving the planned unit development classification and the specific modified regulations to be applied to the approved development. The following infrastructure requirements are applied to PUDs to maintain the city's interest in quality development and assure the health, safety and welfare of the public is protected. To this end, variances and exceptions to these requirements shall not be permitted:

(a)

Utilities. Water, sewer, drainage facilities, signage, and all utilities provided by public utility companies shall be installed in easements or public rights-of-way. Utilities shall be constructed to city standards and such easements, rights-of-way, and utilities shall be completed and dedicated to the city prior to the approval of any permit for the construction of any residential or commercial use structure within the PUD. The city shall require as-built engineering layouts of any previously installed infrastructure. Private infrastructure and any infrastructure which is not recorded on approved construction plans shall be uncovered and inspected. All city regulations relating to water, sewer and drainage infrastructure financing and city/developer cost participation shall apply to planned unit developments.

(b)

Private streets. A planned unit development may be planned and developed with private streets only as follows:

(1)

A PUD containing private streets shall not cross an existing or proposed thoroughfare as shown on the most recent thoroughfare plan, as amended.

(2)

The city shall not participate for any portion of the cost to engineer, construct or maintain private streets.

(3)

Private streets shall conform to the same standards regulating the engineering and construction as public streets. Construction plans and city engineer approval is required for public streets. Requirements pertaining to inspection and approval of improvements prior to release of lots for development shall apply. Fees charged for these services shall also apply. The city may periodically inspect private streets and require repairs necessary to assure emergency vehicle access. Standards for street naming and addressing shall apply. The term private street shall include any vehicular access way, and will include but is not limited to, terms such as road, alley, passage way, drive, access, lane, firelane, or any such similar term.

(4)

Private streets must be constructed within a separate lot owned by an owners' association. The lot must conform to the city's right-of-way standards for public streets. An easement covering the street lot shall be granted to the city providing unrestricted use of the property for utilities and the maintenance of same. This right shall extend to all utility providers. The easement shall also provide the city with the right of access for any purpose related to the exercise of a governmental service or function, including but limited to, fire and police protection, inspection and code enforcement. The easement shall permit the city to remove any vehicle or obstacle within the street lot that impairs emergency access.

(5)

The planning and zoning commission and/or city council may deny any private streets if in the commission's judgment the private street has the potential to: negatively affect traffic circulation on public streets; impair access to property either on-site or off-site to the PUD; impair access to or from public facilities including schools, parks, or libraries; or delay the response time of emergency vehicles.

(6)

Any private street which has an access control gate or cross arm must have a minimum uninterrupted pavement width of 36 feet at the location of the access control device. If an overhead barrier is used, it must be a minimum of 14 feet above the road surface. All gates and cross arms must be of break-away design. A turn-around with a 50-foot turning radius must be located in front of a restricted access to allow vehicles denied access to safely exit onto public streets. Lots adjacent to controlled access gates shall not be permitted to construct fences of any material which could obscure traffic visibility. The entrance to all private streets must be marked with a sign stating that it is a private road. Restricted access points must either be staffed 24 hours per day or an alternate means must be established to assure access by emergency response vehicles and city and other utility service providers.

(7)

Property deeds and property owners' association documents shall note that certain city services shall not be provided on private streets. Among the services which will not be provided are routine police patrols, enforcement of traffic parking ordinances, and preparation of accident reports. The city shall not provide public funds for the maintenance or lighting of private streets. All traffic regulatory signs shall conform to the Texas Manual of Uniform Traffic Control Devices.

(8)

The City of Killeen may upon written request of the owners' association and with a favorable vote of 75% of the association members consider accepting the dedication of and the assumption of maintenance responsibility for private streets and common use areas. However, in no event shall the city be obligated to accept such dedications. Should the city elect to favorably consider the acceptance of the dedication of common use facilities or private streets, the city will inspect properties offered for dedication and assess each member of the owners' association for the expense of needed repairs concurrent with the city's acceptance of the dedication. The city will be the sole judge of required repairs. The city will also require, at the association's expense, any access controlling gates, devices or infrastructure.

(Ord. No. 05-101, § III, 10-25-05)

Property deeds and association documentation shall include the following property maintenance provisions and property conveyance records shall indicate that such provisions were briefed to, acknowledged, and accepted by the purchaser during the execution of the property transfer transaction. The landowner shall ensure that all common use areas and facilities are perpetually maintained. As such, the landowner shall reserve or secure perpetual access and maintenance easements to all common use areas and facilities for the purpose of inspection, repair and perpetual maintenance. The landowner may assign the respective maintenance and repair obligations to a home owners association, upon formal written consent of the same, or retain the same. The agreement shall provide for maintenance upon the dissolution of the home owners association. The maintenance easement agreements shall be presented to the city in draft form as a part of the PUD application. Following completion of the PUD, the agreement shall be recorded in the real property records of Bell County at the applicant's expense.

(a)

In the event an owners' association fails to maintain PUD common use areas or facilities or fails to fulfill other conditions associated with the PUD designation, the city will serve written notice on the association, setting forth the manner in which the association has not fulfilled its obligations. Such notice shall include a demand that the deficiencies be cured within a thirty-calendar day period. If the deficiencies are not cured within this period, the city may enter upon the common use area or facility, maintain it, and perform other related duties until such time as the association resumes its responsibilities. The city shall take such corrective action in order to prevent the common use area and facilities from becoming a public nuisance or a health and safety hazard to the public. All costs incurred by the city in carrying out the obligations of the association shall be reimbursed by the association. Should the association fail to reimburse the city within ninety (90) days, the properties within the PUD shall be subject to lien and possible foreclosure of assets including but limited to the maintenance reserve fund required per section 31-804.

(b)

In the event an owners' association fails to maintain a private street, the city shall serve notice on the association, setting forth in writing the manner in which the association has not fulfilled its obligations. Such notice shall state conditions prejudicial to the health, safety and welfare of the public. Effort to correct such deficiencies shall be initiated within thirty (30) days and such deficiencies shall be cured within ninety (90) days. The city shall deem the failure to cure deficiencies within the cure period as a public hazard. In such instances, the city shall remove security devices and maintain the street to correct the cited deficiencies. All costs incurred by the city in carrying out the obligations of the association shall be reimbursed by the association. Should the association fail to reimburse the city within ninety (90) days, the properties within the PUD shall be subject to lien and possible foreclosure of assets including but not limited to the maintenance reserve fund required per section 31-805.

(Ord. No. 05-101, § III, 10-25-05; Ord. No. 14-092, § I, 12-9-14)

Once the PUD classification has been approved, the failure to submit a plat within a one-year period or the failure to submit plans for permit review on the development plan within a two-year period after the classification has been approved by the city council shall constitute waiver and abandonment of the PUD classification. Such period may be extended in one-year increments upon favorable recommendation by the planning and zoning commission and approval by the city council. If a plan is abandoned or the property transferred or conveyed prior to development, all negotiated land use and development agreements and regulations which would have applied to the plan shall be considered null and void and the property shall revert to the zoning district that existed prior to the approval of the PUD classification.

(Ord. No. 05-101, § III, 10-25-05; Ord. No. 14-092, § I, 12-9-14)

For the purposes of this division, the following definitions shall apply:

Alteration shall mean any act or process that changes one or more historic, architectural, or physical features of an area, site, place, and/or structure including, but not limited to the erection, construction or reconstruction of any structure.

Architectural detail shall pertain to the specific architecture, its features, characteristics, materials, craftsmanship or physical attributes.

Building shall refer to an edifice, such as a house, barn, church, hotel, or similar construction that is created to shelter any form of human activity.

Certified local government shall refer to any local government that is certified by the National Park Service (NPS) and the State Historic Preservation Office (SHPO), and is eligible to receive technical and financial assistance to develop and sustain a strong preservation ethic that influences zoning and permit decisions critical to preserving local historic resources.

Contributing building shall mean a historic building that is at least 50 years old or older that retains a significant amount of its physical integrity and character defining features or that is associated with significant people or events.

Demolition by neglect shall refer to the willful or negligible acts of a property owner that allow a property to fall into a serious state of disrepair that it becomes necessary to demolish it.

Design guidelines shall mean a set of guidelines adopted to serve as a visual and graphic aid in describing acceptable alterations for designated properties.

Design review shall refer to the decision-making process conducted by the heritage preservation board or an appointed heritage preservation officer that is guided by established terms.

Determination of significance shall refer to the procedures provided herein for identifying buildings, structures, sites, or districts eligible for designation as historic landmarks or districts under the standards of review provided in this division.

Heritage preservation board (HPB or board) shall mean the five member board established in this division and appointed by city council.

Heritage preservation officer (HPO) shall mean a qualified staff person who has professional experience in historic preservation and/or rehabilitation-type construction and who is appointed by the city council to administer this division.

Historic designation shall refer to the act or process in which the city formally identifies and recognizes historic properties.

Historic district shall mean any neighborhood or region designated by the city council as an area that possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development.

Historic property shall refer to a site, building, structure, or object important in American history, architecture, engineering, archeology, or culture at the national, state, or local level.

Historic landmark shall refer to a historic property that has been formally designated by the city as having historical importance.

Historic rehabilitation shall mean the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.

Integrity shall mean the authenticity of a property's historic identity, evidenced by survival of physical characteristics that existed during the property's historic or prehistoric period.

Inventory shall mean a list of historic properties that have been identified and evaluated as meeting specified criteria of significance.

Object is a term used to distinguish certain constructions from buildings and/or structures that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment, such as statuary in a designed landscape.

Order of demolition shall mean an order issued by the city indicating approval of plans for demolition of a designated landmark or property within a designated district.

Order of design compliance shall mean an order issued by the city indicating approval of plans for alteration, construction, or removal affecting a designated landmark or property within a designated district.

Ordinary maintenance shall mean repair of any exterior or architectural feature of a landmark or property within a historic district which does not involve a change to the architectural or historic value, style or general design. In-kind replacement or repair is included in this definition of ordinary maintenance.

Owner shall mean the individual, corporation, partnership, or other legal entity in whom is vested the ownership, dominion, or title of property and who is responsible for payment of ad valorem taxes on that property; including a lessor or lessee if responsible for payment of ad valorem taxes.

Preservation shall refer to the act or process of applying measures to sustain the existing form, integrity, and material of a building or structure, and the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.

Preservationist shall mean someone with experience, education or training in the field of preservation.

Rehabilitation shall mean the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values.

Secretary of the Interior's standards for rehabilitation shall refer to federal standards established by the US Department of the Interior regarding the preferred treatment of historic properties.

Significant shall be a term to describe buildings, structures, objects, or sites which substantially comply with the landmark or district standards of review found in section 31-830 of this division.

Site is the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historical, cultural, or archeological value regardless of the value of any existing structure.

Structure is a term used to distinguish specific types of functional constructions from buildings that are usually made for purposes other than creating shelter.

(Ord. No. 08-047, § I, 6-24-08)

The city hereby declares that as a matter of public policy the protection, enhancement, rehabilitation, preservation and use of historic landmarks is a public necessity and is required in the interest of culture, prosperity, education and the general welfare of the people. The purpose of this division is to:

A.

Protect, enhance, and perpetuate historic landmarks and districts which represent distinctive elements of the city's unique historic, architectural, and cultural heritage;

B.

Foster civic pride in the history and accomplishments of the past;

C.

Protect and enhance the city's attractiveness to visitors and the support and stimulus to the economy thereby provided;

D.

Insure the harmonious, orderly and efficient growth and development of the city;

E.

Promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the city; and

F.

Encourage stabilization, rehabilitation, restoration, and improvements of property values.

(Ord. No. 08-047, § I, 6-24-08)

There is hereby created a board to be known as the Killeen heritage preservation board (HPB). The board shall consist of five (5) members to be appointed by city council, plus one ex-officio member from the planning and zoning commission. Members of the HPB shall have a demonstrated interest, competence or knowledge in historic preservation and/or rehabilitation. Board members shall serve for a term of three (3) years, with the exception of the initial term when three (3) members shall serve for two (2) years and two (2) members shall serve for three (3) years. No member may serve more than two (2) consecutive terms.

A.

The city council shall appoint HPB members to fill vacancies that might arise and such appointments shall be to the end of the vacating member's term.

B.

It is the first priority of the city council that the HPB have technical representation in historic preservation. Therefore, when vacancies occur and if appropriate, it shall be the first consideration of the city council to ensure that there is a licensed architect, preservationist, or other licensed professional having substantial experience in rehabilitation-type construction serving on the HPB, and secondly, that there is representation from the Killeen area heritage association.

C.

In addition, the HPB should include members with the following qualifications, or representing the following interests:

1.

A licensed real estate broker.

2.

A property owner or non owner tenant of any historic district created by this or any subsequent ordinance demonstrating interest and knowledge of historic preservation.

3.

A member appointed at large from the city with demonstrated interest and knowledge of historic preservation.

(Ord. No. 08-047, § I, 6-24-08)

A.

Chairman. The HPB shall elect one of its members to serve as chairman for a term of one (1) year. The chairman may be elected to serve for one (1) consecutive additional term, but not for more than two (2) successive terms. If the chairman is absent from any meeting where a quorum would otherwise exist, the members may appoint a chairman pro tem to act as chairman solely for that meeting.

B.

Quorum. No business shall be conducted without a quorum at the meeting. A quorum shall exist when the meeting is attended by three (3) of the appointed members, including the chairman or chairman pro tem. The ex-officio member shall not be counted towards establishing a quorum. Meetings shall be held in conformance with the Texas open meetings act.

C.

Voting. All actions of the HPB shall be represented by a vote of the membership. A simple majority of the members present at the meeting in which action is taken shall approve any action taken. The ex-officio member shall not be a voting member of the HPB. The chairman may vote at the meetings.

(Ord. No. 08-047, § I, 6-24-08)

The powers of the HPB are:

A.

To preserve diverse and harmonious architectural styles and design preferences reflecting phases of the city's history, and to encourage complimentary, contemporary design and construction through the creation of comprehensive design guidelines, and update as necessary;

B.

To protect and enhance the city's historic appeal to tourists and visitors;

C.

To identify as early as possible and resolve conflicts between the preservation of cultural resources and alternative land uses;

D.

To provide input to the city council towards safeguarding the heritage of the city through the protection of its historic resources, buildings, structures, objects, cultural resources or sites of significance;

E.

To promote the private and public use of buildings of significance and contributing buildings, structures, sites/areas or objects;

F.

To make recommendations to staff, the planning & zoning commission and the city council on designations, policies and ordinances that may encourage historic preservation;

G.

To communicate and promote the benefits of historic preservation for education, prosperity, and general welfare of the people;

H.

To provide input to staff, the planning & zoning commission , and the city council on matters concerning the overall development of the city's historic preservation program;

I.

To make recommendations to the city council on the development of, and to administer, all city-sponsored preservation incentive programs;

J.

To review and take action on all order of demolition applications;

K.

To review and take action on all order of design compliance applications, upon request of the property owner or occupant, based on compliance with any adopted historic district design guidelines and the Secretary of the Interior's standards for rehabilitation;

L.

To review and take action on all order of design compliance applications where the HPO requires direction on design policy, or if unable to render a determine compliance with any adopted historic district design guidelines and Secretary of the Interior's standards for rehabilitation;

M.

To review and take action on all appeals or decisions of the HPO regarding order of design compliance applications based on compliance with the any adopted historic district design guidelines and the Secretary of the Interior's standards for rehabilitation;

N.

To review and take action on all determinations of historic landmarks or districts;

O.

Participate in the design review of any city-owned projects located within any designated historic district;

P.

Recommend to the city council the purchase of interests in property for purposes of preserving the city's cultural resources;

Q.

Investigate and report to the city council on the use of federal, state, local, or private funding sources and mechanisms available to promote the preservation of the city's cultural resources;

R.

Recommend to the planning and zoning commission and the city council changes to the code of ordinances to reinforce the purpose of historic preservation;

S.

Provide advice and guidance on request of the property owner or occupant on the construction, restoration, alteration, decoration, landscaping, or maintenance of any historic resource or property within a historic district, or neighboring property within a two (2) block radius of a historic district; and

T.

To perform any other functions related to the mission of the board as requested by the city council.

(Ord. No. 08-047, § I, 6-24-08)

The HPB has no authority to waive or increase any requirement of any ordinance of the city.

(Ord. No. 08-047, § I, 6-24-08)

The city manager shall appoint a qualified staff member who has professional experience in historic preservation and/or rehabilitation-type construction to serve as heritage preservation officer (HPO). This officer shall administer this division and advise the board on matters submitted to it. The HPO may issue orders of design compliance for those applications that meet compliance with the historic district design guidelines and the Secretary of the Interior's standards for rehabilitation and may submit applications for and make recommendations on determinations of significance. In addition to serving as the staff representative to the HPB, the HPO is responsible for providing the board with a monthly report on all HPO activities; for providing regular updates to city council on HPO and board activities; and for coordinating the city's preservation activities with those of state and federal agencies and with local, state, and national nonprofit preservation organizations.

(Ord. No. 08-047, § I, 6-24-08)

The HPB shall promulgate and update as necessary design guidelines for use in a historic district. These guidelines shall, upon adoption by resolution of the city council, be used by the HPO and HPB in reviewing all orders of design compliance applications. The design guidelines shall apply to all properties located within the historic district and shall address the rehabilitation of existing buildings, additions to existing buildings, and the construction of new buildings. From time to time, the HPB may recommend changes to the design guidelines to the city council, provided that no changes in the guidelines shall take effect until adopted by resolution of the city council.

(Ord. No. 08-047, § I, 6-24-08)

A.

No person or entity shall construct, reconstruct, significantly alter, remove or demolish any exterior architectural detail of a designated historic landmark or any property within the historic district without the review and approval of an order of design compliance application by the HPO and/or HPB prior to submitting an application for a building permit.

B.

Activities involving routine and ordinary maintenance, in-kind repair or replacement which does not involve a change to the architectural or historic value, style or general design shall not require the review and approval of an order of design compliance application.

C.

Administrative review. A current copy of the proposed construction documents and an order of design compliance application shall be filed with the planning department. Upon receipt of a complete application, the HPO shall review the application within forty-five (45) days for compliance with the city's adopted design guidelines and the Secretary of the Interior's standards for rehabilitation. All guidelines and review criteria shall be made available to the property owners of historic landmarks or property owners within the city upon request.

1.

Notice. Within five (5) days of receipt of an order of design compliance application, notice of the application shall be posted on the property for a period of ten (10) days. A written notice of the application shall also be provided to owners of adjoining property establishing a ten (10) day period in which written comments may be submitted to the HPO.

2.

Decision. At the end of the notice period, if approved, the HPO shall issue an order of design compliance consisting of written findings, conclusions of law, and conditions of approval, if any, supporting the decision, and shall provide the owner and/or applicant and anyone submitting written comments with a copy and forward its decision to the permits and inspections department. Any specific conditions of approval as identified by the HPO shall be attached to the construction documents prior to the issuance of any building permits. No subsequent changes shall be made to the approved application without the review and approval of the HPO. An applicant shall have six (6) months from the date of issuance of an order of design compliance to secure a building permit for the specified improvements, or it shall become null and void.

If the HPO finds the proposed work will adversely affect or destroy a significant architectural detail or historical feature of the exterior of the designated historic landmark or building within a designated district or is inconsistent with the Secretary of the Interior's standards for rehabilitation or adopted design guidelines, the HPO shall advise the applicant and any written commenter of the disapproval of the application and of any changes to the application which are necessary for approval of same.

An application, once denied an order of design compliance, may not be resubmitted without incorporating changes to the application which are necessary for approval of the same.

3.

If no action has been taken by the HPO within forty-five (45) days of original receipt by the HPO, an order of design compliance shall be deemed issued by the HPO, and the HPO shall so advise the applicant.

4.

Appeal. The applicant or any persons adversely affected by any determination of the HPO may appeal the decision to the HPB. Appeal requests shall be on forms as prescribed by the city and shall be filed with the planning department within ten (10) days of the HPO's decision, and scheduled for the next available regularly scheduled HPB public hearing. Notice of the appeal shall be posted on the property for a period of ten (10) days upon receipt of a formal appeal request. A written notice of the public hearing for the appeal request shall also provided to all parties who received mailed notice for the original HPO preliminary determination. Appeals shall be considered only on the record made before the HPO.

D.

HPB review. A current copy of the proposed construction documents and an order of design compliance application shall be filed with the planning department. Any applicant may request a formal review by the HPB. The HPO may also forward any order of design compliance application to the HPB for review and approval when direction on design policy is needed, or if unable to determine compliance with historic district design guidelines and the Secretary of the Interior's standards for rehabilitation. Within forty-five (45) days upon receipt of a complete application and proper notice, the application shall be scheduled for review by the HPB at the next regularly scheduled public hearing for compliance with the city's adopted design guidelines and the Secretary of the Interior's standards for rehabilitation. All guidelines, review criteria and the formal written report to the HPB shall be made available to the property owner prior to the hearing.

1.

Notice. Notice of the application shall be posted on the property for a minimum period of fourteen (14) days prior to the scheduled hearing. A written notice of the HPB hearing shall also be mailed to all property owners within at least one hundred (100) feet of the subject property. A published notice of the scheduled hearing shall also be made once a minimum of fourteen (14) days prior to the hearing.

2.

Decision. If approved, the HPB shall issue an order of design compliance consisting of written findings, conclusions of law, and conditions of approval, if any, supporting the decision, and shall provide the owner and/or applicant with a copy and forward its decision and copy of the submitted construction documents to the permits and inspections department. Any specific conditions of approval as identified by the HPB shall be attached to the construction documents prior to the issuance of any building permits. No subsequent changes shall be made to the approved application without the review and approval of the HPO or HPB. An applicant shall have six months from the date of issuance of an order of design compliance to secure a building permit for the specified improvements, or it shall become null and void.

If the HPB finds the proposed work will adversely affect or destroy a significant architectural detail or historical feature of the exterior of the designated historic landmark or building within a designated district or is inconsistent with the Secretary of the Interior's standards for rehabilitation or any adopted design guidelines, the HPB shall advise the applicant of the disapproval of the application and of any changes to the application which are necessary to approval of same.

An application, once denied an order of design compliance, may not be resubmitted without incorporating changes to the application which are necessary for approval of the same.

3.

If no action has been taken by the board within forty-five (45) days of original receipt by the board, an order of design compliance shall be deemed issued by the board, and the HPO shall so advise the applicant.

E.

Appeal. The applicant or any persons adversely affected by any determination of the HPB may appeal the decision to the city council. Appeal requests shall be on forms as prescribed by the city and shall be filed with the city manager's office within ten (10) days of the HPB's decision, and scheduled for the next available regularly scheduled city council meeting. Notice of the appeal shall be posted on the property for a period of ten (10) days upon receipt of a formal appeal request. A written notice of the public hearing for the appeal request shall also be mailed to all property owners within one hundred (100) feet of the subject property. Appeals shall be considered only on the record made before the HPB and will require a ¾ majority vote of the city council to overturn an HPB decision.

(Ord. No. 08-047, § I, 6-24-08)

Buildings, structures, sites or districts within the city which substantially comply with the standards of review found in this section may be determined to be significant by the HPB and designated as a historic landmark or district.

The HPO or any owner of a building, structure, or site may apply for a hearing before the HPB for a determination of significance of said property. Recommendations on all determinations of significance shall be made by the HPO to the HPB. The application shall be on forms as prescribed by the city and shall be filed with the planning department. Before a hearing of determination of significance, a determination of significance application must be completed by the property owner or by the HPO. The HPO shall schedule a hearing for the next available meeting of the HPB. At the hearing, the HPO, applicant, owners, interested parties, and technical experts may present testimony or documentary evidence which will become part of a record regarding historic, architectural, or cultural importance of the proposed historic district.

A.

Landmarks.

1.

Standards for review. Recommendations on all determinations of significance shall be made by the HPO to the HPB. At the hearing, the HPB shall evaluate whether the building, structure or site demonstrates a quality of significance in local, regional, state or national history, architecture, archaeology, engineering or culture, and integrity of location, design, setting, materials, and workmanship and if the property meets substantial compliance with the following criteria:

a.

The building, structure or site is at least fifty (50) years old, or has achieved significance within the past fifty (50) years if the property is exceptional importance to the community; and/or

b.

The building, structure or site is associated with events or lives of persons significant to the city's past; and/or

c.

The building, structure or site embodies the distinctive characteristics of a type, period or method of construction or that represent the work of a master; and/or

d.

The architectural or historical value or significance of the building, structure or site contributes to the historic value of the property and surrounding area; and/or

e.

The relation of historic or architectural features found on the building, structure or site to other such features within the surrounding area; and/or

f.

Any other factors, including aesthetic, which may be relevant to the historical or architectural aspects of the building, structure or site; and/or

g.

Recognition as an existing recorded Texas historic landmark, national historic landmark, state archeological landmark, or listing on the national register of historic places.

2.

Notice. Notice of the application shall be posted on the property for a period of fourteen (14) days prior to the scheduled hearing. A written notice of the HPB hearing shall also be provided to property owners of proposed historic landmarks and adjoining property owners. A published notice of the scheduled hearing shall also be made once a minimum of fourteen (14) days prior to the hearing.

B.

Districts.

1.

Standards for review. Recommendations on all determinations of significance shall be made by the HPO to the HPB. At the hearing, the HPB shall evaluate whether the district contains a significant concentration of sites, buildings or structures that are united historically or aesthetically by plan or physical development. The district must also demonstrate a quality of significance in local, regional, state or national history, and must have substantial compliance with the following criteria:

a.

The proposed district contains properties and an environmental setting which meet one or more of the criteria for designation of a landmark; and

b.

The proposed district constitutes a distinct section of the city.

2.

Notice. A written notice of the HPB hearing shall also be provided to all property owners within a proposed historic district and shall also be mailed to all property owners within at least one hundred (100) feet of the proposed district. A published notice of the scheduled hearing shall also be made once a minimum of fourteen (14) days prior to the hearing.

C.

Interim protection. A building, structure or site that is under review by the HPB for a formal determination of significance shall be protected by and subject to all of the provisions of this code governing demolition and minimum maintenance standards until a final decision on significance by the HPB becomes effective.

D.

Decision. The applicant shall be notified in writing of the decision of the HPB. Notification shall include the written findings and conclusions of law, if any, supporting the decision of the HPB. Upon final recommendation of the board, the proposed historic designation shall be submitted to the planning and zoning commission. The planning and zoning commission shall give notice and conduct its hearing on the proposed designation in the same manner and according to the same procedures as specifically provided in §211.007c of the Texas Local Government Code, to include notification of surrounding property owners. The city council shall schedule a hearing, on the planning and zoning commission's recommendation, at its next available meeting. The city council shall give notice, follow the publication procedure, hold a hearing and make a final determination in the same manner as provided in §211.007c of the Texas Local Government Code.

E.

Action upon designation. Upon the designation of any a building, object, site, structure or district as a historic landmark or historic district, the city council shall cause the designation to be in the official public records of real property of Bell county as well as the official zoning maps of the city. All zoning maps should indicate the designated landmarks with an appropriate mark. Planning staff shall also provide a copy of the board's written findings to the owner and/or applicant.

F.

Removal from list of historically significant properties. If the HPB finds that the building, structure or site is no longer significant based on a lack of substantial compliance with the criteria pursuant to this section, it shall immediately be removed from the list of historically significant properties or any other applicable records. The HPB shall forward a copy of its written findings to the owner and/or applicant.

(Ord. No. 08-047, § I, 6-24-08)

A.

Intent. It is the intent of this and succeeding sections to preserve the historic and architectural resources of the city, through limitations on demolition and removal of historic buildings, structures and sites to the extent it is economically feasible, practical and necessary. The demolition or removal of historic buildings, structures and sites in the city diminishes the character of the city's historic district and it is strongly discouraged. Instead, the city recommends and supports preservation, rehabilitation, and relocation within the historic district. It is recognized, however, that structural deterioration, economic hardship and other factors not entirely within the control of the property owner may result in the necessary demolition or removal of a historic building, structure or site.

Permit applications for demolition of any building, structure or site, including secondary buildings and landscape features, within the city shall be initially reviewed by the HPO and forwarded with a recommendation to the permits and inspections department. If the property is determined by the HPO to be a contributing building or is potentially significant, the applicant shall be required to apply for a hearing before the HPB for a determination of significance pursuant to section 31-829 herein, prior to the application for any building permit.

B.

Determination of insignificance. If upon review, the HPB concludes that the building, structure or site sought to be demolished or removed is not a significant historic property, the applicant may apply for a demolition permit from the permits and inspections department.

C.

Determination of significance. If upon review, the HPB concludes that the building, structure or site sought to be demolished or removed does possess significance, the owner shall be required to submit an order of economic hardship application pursuant to section 31-831.

D.

Removal or repair of hazardous buildings. If the building official determines a historic landmark or property located within the historic district to be structurally unsound, and a hazardous or dangerous building, pursuant to chapter 8, article V, of the code of ordinances, the building official may order its removal or repair. The building official shall be required to provide written notice to the HPB of such action.

1.

The provisions contained in section 214.00111 of the Texas Local Government Code provide additional authority to the city to preserve substandard historic buildings, and are effective immediately upon designation as a certified local government by the U.S. Department of the Interior, national park service and Texas state historic preservation officer as provided by 16 U.S.C.A. section 470 et seq.; and

2.

The demolition or removal of a historic landmark or property located within a historic district under this section is subject to the penalties found in section 31-834 herein.

E.

Requirement for stay of demolition. In the absence of a finding either of insignificance or of hazardous building, the request for demolition or removal shall be stayed for ninety (90) days during which time the owner shall allow the city to post a sign stating that the property is "subject to demolition." Said sign shall be at least three feet by two feet (3' X 2'), readable from a point of public access and state that more information may be obtained from the permits and inspections department for the duration of the stay. In addition, the owner shall conduct in good faith with the city, local preservation organizations and interested parties a diligent effort to seek an alternative that will result in the rehabilitation of the historic property. Negotiations may include, but is not limited to, such actions to utilize various preservation incentive programs, sell or lease the historic property, or facilitate proceedings for the city to acquire the property under its power of eminent domain, if appropriate and financially possible. If negotiations are successful, the request for demolition shall be considered withdrawn and all associated applications closed.

F.

At the end of the ninety (90) days, if prior negotiations are unsuccessful and the request for demolition stands, the owner must submit a determination of economic hardship application.

(Ord. No. 08-047, § I, 6-24-08)

Any owner of a historic property requesting demolition may commence the economic hardship process by applying for a hearing before the HPB for a determination of economic hardship for said property. The application shall be on forms as prescribed by the city and shall be filed with the planning department. Upon receipt of a complete determination of economic hardship application, the HPO shall schedule a hearing on the HPB agenda within forty-five (45) days. At the hearing, the applicant shall have an opportunity to present testimony and evidence to demonstrate economic hardship.

A.

In order to sustain a claim of unreasonable economic hardship due to the effect of this ordinance, the owner must prove that:

1.

The subject historic property is incapable of earning a reasonable rate of return, regardless of whether the return represents the most profitable return possible; and

2.

The subject historic property cannot be repaired or rehabilitated for any other beneficial use, whether by the current owner or by a purchaser, which would result in a reasonable return; and

3.

Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

B.

Standards for review. The city shall adopt by resolution separate standards for investment for income producing and non-income producing properties, as recommended by the HPB. Non-income properties shall consist of owner occupied single-family dwellings and non-income producing institutional properties. All standards for review shall be made available to the owner prior to the hearing. The information required by the city may include, but not be limited to, the following:

1.

purchase date, price and financing arrangements;

2.

current market value;

3.

form of ownership;

4.

type of occupancy;

5.

cost estimates of demolition and post-demolition plans for development;

6.

maintenance and operating costs;

7.

inspection report by licensed architect or structural engineer having experience working with historic properties;

8.

costs and engineering feasibility for rehabilitation;

9.

property tax information;

10.

rental rates and gross income from the property.

The HPB, upon review of the determination of economic hardship application, may request additional information as deemed appropriate.

C.

Conduct of owner excluded. Demonstration of economic hardship by the owner shall not be based on conditions resulting from:

1.

Evidence of demolition by neglect, or other willful and negligent acts by the owner;

2.

Purchasing the property for substantially more than market value at the time of purchase;

3.

Failure to perform normal maintenance and repairs;

4.

Failure to diligently solicit and retain tenants; or

5.

Failure to provide normal tenant improvements.

D.

Notice. Notice of the application shall be posted on the property for a period of thirty (30) days prior to the scheduled hearing. A written notice of the HPB hearing shall also be mailed to adjoining property owners. A published notice of the scheduled hearing shall also be made once a minimum of at least fourteen (14) days prior to the hearing.

E.

Interim protection. A historic property that is under review by the HPB for a formal determination of economic hardship shall be temporarily stabilized and secured by order of the building official, and at cost of the owner. The property shall be protected by and subject to all of the provisions of this code governing demolition until a final decision on significance by the HPB becomes effective.

F.

Decision. Upon review of the application, the HPB may determine that unreasonable economic hardship exists and take action to approve or approve with modifications if the following conditions exist:

1.

For income producing historic properties, the building, structure or site cannot be feasibly used or rented at a reasonable rate of return in its present condition or if rehabilitated and denial of the application would deprive the owner of all reasonable use of the property; or

2.

For non-income producing historic properties, the building, structure or site has no beneficial use as a residential dwelling or for an institutional use in its present condition or if rehabilitated, and denial of the application would deprive the owner of all reasonable use of the property; and

3.

The historic property cannot be feasibly moved or relocated.

G.

Approval. If the HPB approves the application, the owner may apply for a demolition permit with the permits and inspections department and proceed to demolish the subject property in compliance with other regulations as they may apply. The historic property shall immediately be removed from the city's inventory of historic properties, the official public records of real property of Bell county and the official zoning maps of the city. HPO shall also provide a copy of the board's written findings to the owner.

H.

The city may, as a condition of approval, require the owner, prior to demolition to provide the HPO with documentation of the demolished historic property according to the standards of the Historic American Building Survey (HABS). Such documentation may include photographs, floor plans, measured drawings, an archeological survey or other information as specified. The city may also require the owner to incorporate an appropriate memorialization of the building, structure or site, such as a photo display or plaque, into the proposed replacement project of the property. Approval of an economic hardship application shall be valid for one (1) year from the hearing date of the HPB's final decision.

I.

Denial. If the HPB denies the application, the owner shall not demolish the historic property, and may not re-apply for an economic hardship application for a period of three (3) years from the hearing date of the HPB's final decision unless substantial changes in circumstances have occurred other than re-sale of the property or those caused by the negligence or intentional acts of the owner. It shall be the responsibility of the owner to stabilize and maintain the property so as not to create a structurally unsound, hazardous, or dangerous building, as identified in chapter 8, article V of the city's code of ordinances. The city may continue to provide the owner with information regarding financial assistance for the necessary rehabilitation or repair work, as it becomes available.

J.

Appeal. The applicant or any persons adversely affected by any decision of the HPB may appeal the decision to the city council. Appeal requests shall be on forms as prescribed by the city and shall be filed with the city manager's office within ten (10) days of the HPB's decision, and scheduled for the next available regularly scheduled city council meeting. The appeal may only allege that the HPB's decision was arbitrary, capricious, or illegal. Notice of the appeal shall be posted on the property for a period of ten (10) days upon receipt of a formal appeal request. A written notice of the public hearing for the appeal request shall also be mailed to all property owners within one hundred (100) feet of the subject property. Appeals shall be considered only on the record made before the HPB and will require a ¾ majority vote of the city council to overturn an HPB decision.

(Ord. No. 08-047, § I, 6-24-08)

All work pursuant to an order of design compliance issued under this division shall conform to any requirements included therein. It shall be the duty of the building official or his designee to inspect periodically any such work to assure compliance. In the event work is not being performed in accordance with the order of design compliance or upon notification of such fact by the board and verification by the permits and inspections department, the permits and inspections department shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect.

(Ord. No. 08-047, § I, 6-24-08)

No owner or person with an interest in real property designated as a landmark or included within a historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of an exterior architectural feature which would, in the judgment of the heritage preservation officer, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. Examples of demolition by neglect shall include but not be limited to the following:

1.

Failure to maintain protective treatment to exterior (walls no longer weatherproof due to peeling paint, missing siding, loose joints);

2.

Structural members deteriorated;

3.

Foundation walls not plumb, cracked;

4.

Exterior walls have holes, are cracked, rotted and deteriorated;

5.

Roof and drainage leaks;

6.

Architectural (decorative features) not being maintained in good repair;

7.

Overhang extensions not being maintained in good repair;

8.

Stairways not in good repair;

9.

Windows, skylight, door frames not maintained in good condition and weather tight; and

10.

Exterior doors not maintained in good condition.

(Ord. No. 08-047, § I, 6-24-08; Ord. No. 23-035, § I, 4-25-23)

A.

It shall be unlawful to construct, reconstruct, significantly alter, restore or demolish any building or structure designated as a landmark or in a designated historic district in violation of the provisions of this division. The city, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful construction, reconstruction, significant alteration or demolition; to restrain, correct or abate such violation; or to prevent any illegal act, business, or maintenance in and about such premises, including acquisition of the property.

B.

Any person, firm, or corporation violating any provision of this division shall be guilty of a class C misdemeanor, punishable by a fine of not less than two hundred and fifty dollars ($250.00) or more than two thousand dollars ($2,000.00). Each day the violation continues shall be considered a separate offense. Such remedy under this section is in addition to the abatement restitution.

(Ord. No. 08-047, § I, 6-24-08)

The purposes of this division are to regulate the placement, construction, erection, enlargement, and alteration of all fences within the boundaries of the city in order to provide a practical safeguarding of life, health, and property from hazards that may arise from improper placement, construction, erection, enlargement or alteration of such installations and to preserve and enhance property values that may be adversely affected by the same.

(Ord. No. 10-058, § I, 9-28-10)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adjacent finished grade shall mean the elevation of the finished ground surface at the proposed fence location.

Fence shall mean any barrier, constructed of stone, brick, pierced brick or block, chain-link, PVC, wood, metal, or similar material, that is greater than twenty-four (24) inches in height as measured from adjacent grade. Other materials not listed shall be approved in advance by the executive director of planning and development services or his/her designee.

Guy wire shall mean a tensioned cable designed to add stability to a fence.

(Ord. No. 10-058, § I, 9-28-10; Ord. No. 19-007, § I, 2-26-19)

Fences shall conform to the requirements of the city's code of ordinances, and nothing in this division shall be construed as permitting construction of a fence which would violate any provisions of the code, including the zoning ordinance or section 28-241, visibility at intersections, as the same now exists or may be hereafter amended.

(Ord. No. 10-058, § I, 9-28-10; Ord. No. 19-007, § I, 2-26-19)

A building permit is required to erect new fence or move, repair, or replace an existing fence. A fence permit must be obtained from the building inspections division prior to installation of or replacement of a fence. The information required for such permit includes the height, materials, location of the fence, distances from each structure on the property, and lot size. Contractors are required to be properly registered with the city and may apply for a permit with the property owner's authorization.

(Ord. No. 10-058, § I, 9-28-10; Ord. No. 19-007, § I, 2-26-19)

Repair of an existing fence with like materials of original construction and with no change to the original design or placement shall be allowed without a permit for any improvement that does not exceed twenty-five (25) feet of the original fence during a twelve-month period.

(Ord. No. 10-958, § I, 9-28-10; Ord. No. 19-007, § I, 2-26-19; Ord. No. 21-016, § I, 4-13-21)

Editor's note— Ord. No. 24-023, § I, adopted June 11, 2024, repealed § 31-855, which pertained to security or barbed-wire fences and derived from Ord. No. 10-958, § I, adopted Sep. 28, 2010; and Ord. No. 19-007, § I, adopted Feb. 26, 2019.

The smooth, finished side of the fence shall face outward, with the support posts on the inside, for any fence facing a public right-of-way. The finished side of all screening devices required in accordance with Section 31-280 shall face away from the screened area. The height of the fence shall be the vertical distance between the finished grade and the top of the fence. In those instances where fences are attached or constructed on top of stem walls or retaining walls, the calculation of height shall include the combined fence and wall structure as measured from the finished grade. In those instances where there is a difference in surface elevation between two (2) adjoining properties, then the fence on the adjacent property with the lower elevation shall not exceed the maximum allowable height plus the difference in surface elevation between the adjoining yard areas at the property line, but in no instance shall it measure more than eight (8) feet in vertical height along the property line of the back or side yard upon which the proposed fence is to be located.

(a)

Front yard (applies to residential uses and "B-1" zoning district). The maximum height of a fence in a front yard shall be four (4) feet overall height as measured from the finished grade, except that wrought iron fences may not exceed six (6) feet overall height as measured from the finished grade. The height requirement shall extend horizontally from the front property line to the required front yard setback. Front yard fences are not permitted in the right-of-way or sight distance triangle areas. Fence columns shall not exceed twelve (12) inches above overall height of fence.

(b)

Side and rear yard (applies to residential uses and "B-1" zoning district). The maximum height of a fence in a side or rear yard shall be eight (8) feet as measured from the finished grade. Side or rear yard fences that exceed six (6) feet shall not be constructed of chainlink.

(Ord. No. 10-958, § I, 9-28-10; Ord. No. 19-007, § I, 2-26-19; Ord. No. 21-016, § I, 4-13-21)

Fences on property that is at the intersection of two streets must not encroach within any visibility triangle. The visibility triangle shall mean a triangle sight area, at all intersections, which shall include that portion of public right-of-way and any corner lot within the adjacent curb lines and a diagonal line intersecting such curb lines at points thirty-five (35) feet back from their intersection (such curb lines being extended if necessary to determine the intersection point). This sight distance triangle must be kept free of fences that would obstruct the motorist's views of oncoming traffic in accordance with Killeen code of ordinances section 28-241.

(Ord. No. 10-958, § I, 9-28-10)

(a)

Materials not originally intended for use in constructing a fence are prohibited as fencing and screening materials. Examples of prohibited materials include plywood, particleboard, corrugated metal, railroad ties, tires, door panels, and other makeshift materials. R-Panel and U-Panel metal fences are permitted provided they are coated and capped at the top.

(b)

Used or salvaged fencing materials including materials that are weathered, worn, rusted, corroded, or otherwise deteriorated shall be prohibited.

(c)

For all uses other than agricultural, single-family, two-family, and manufacturing uses zoned "M-1" (Manufacturing District) or "M-2" (Heavy Manufacturing District), chain-link fences shall be black or green vinyl coated. Associated fence posts and hardware shall be painted to match the vinyl coated chain-link.

(d)

Barbed wire and electric fencing shall be prohibited in all districts except "A" (Agricultural District), and "A-R1" (Agricultural Single-Family District) or for existing agricultural uses in any district.

(e)

Security fencing may be permitted in "M-1" (Manufacturing District), "M-2" (Heavy Manufacturing District) and for utility facilities, such as electric substations, water and sewer pumping stations, communication facilities, and other similar uses. Such security fencing may include barbed wire, razor wire, concertina wire, or other similar types of fencing, provided that such material is not located less than six (6) feet off the ground. Fencing topped with broken glass shall be prohibited in all districts.

(f)

Temporary construction fences may be approved by the Building Official or designee in conjunction with an active building permit. Such fencing shall be completely removed at the expiration of such permit or with the conclusion of construction, whichever occurs first. In no case will a certificate of occupancy be issued for a property with a temporary construction fence. Temporary construction fencing must be approved as part of a building permit and shall be removed upon expiration of the associated permit. Such fencing may be uncoated chain link and shall have a mesh or fabric screen. Temporary signage on a temporary construction fence is permitted but shall not exceed two (2) square feet per linear foot of fence.

(Ord. No. 21-016, § I, 4-13-21; Ord. No. 22-079, § I, 10-25-22; Ord. No. 24-023, § I, 6-11-24)

Any gate opening that is constructed in conjunction with a fence must be at least three (3) feet in width to allow for passage of emergency personnel and equipment. An outward swinging front yard gate shall not lock in place if it extends across the property line or into public right-of-way.

(Ord. No. 10-958, § I, 9-28-10)

The following regulations are hereby adopted and shall be known and may be cited as "City of Killeen Landscaping Regulations."

(Ord. No. 20-038, § I, 8-18-20)

The purpose of this article is to promote the following community benefits:

(a)

Sustainability. To aid in stabilizing the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, ground water recharge, and storm water runoff retardation, while at the same time aid in abating soil erosion, noise, glare and heat.

(b)

Retention of vegetation. To ensure that healthy quality trees and native vegetation are retained and replenished to the greatest extent practicable.

(c)

Visual buffering. To provide visual buffering and to enhance the beautification of the city.

(d)

Enhancement of property values. To safeguard and enhance property values and to protect public and private real estate investments.

(e)

Preservation of economic base. To preserve and protect the unique identity and environment of the city and to preserve the economic base attracted to the city by these factors.

(f)

Conservation. To conserve energy and natural resources.

(g)

Protection. To promote the health, safety and general welfare of the city.

(Ord. No. 20-038, § I, 8-18-20)

The following words, terms, and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. Words not specifically defined shall have the meanings given in Webster's Ninth New Collegiate Dictionary, as revised.

Best management practices shall mean measures undertaken during the course of development that reduce the amount of pollutants entering surface waters, ground waters, air or land, and may take the form of a process, activity or physical structure.

Building shall mean any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattel or property of any kind.

Caliper inch is a unit of measurement used to state in inches the diameter of a tree's trunk at a height of four (4) feet six (6) inches from base of the tree at grade level.

Canopy tree shall mean any self-supporting woody-stemmed plant with a well-defined trunk and a distinct and definite formed crown, which will attain a mature height of at least thirty (30) feet above ground.

Development shall mean the construction of one (1) or more new buildings or structures, relocation or enlargement of one (1) or more new buildings or structures of an existing building or structure on one (1) or more building lots or sites, or the installation of site improvements to include parking lots.

Drip line shall mean the area beneath the canopy of a tree defined by a vertical line extending from the outermost edges of the tree branches to the ground.

Existing tree shall mean any self-supporting woody-stemmed plant with a well-defined trunk that is present on a property before its development.

Grass shall mean any herbaceous plant species that will attain a thick cover over soil.

Ground cover shall mean any woody or herbaceous planting that effectively shades out sod and will not attain a height of more than two (2) feet above the ground.

Landscaping shall mean altering, re-arranging or adding to existing vegetation or landforms, including reshaping of the land by moving earth, preserving native vegetation or adding new vegetation, or any combination of these land treatments.

Lot shall mean an undivided tract or parcel of land having access to a street, which is designated as a separate and distinct tract or lot number or symbol on a duly approved plat filed of record. The terms "lot" and "tract" shall be used interchangeably.

Non-canopy tree shall mean any self-supporting woody-stemmed plant with one or more trunks, which will attain a mature height of at least fifteen (15) feet above ground.

Planting materials shall mean living trees, shrubs, ground cover, grasses, forbs and flowering annuals, biennials and perennials.

Shrub shall mean a perennial plant that is distinguished from a herbaceous plant by its persistent woody stem, and from a tree by a mature height of less than fifteen (15) feet and no distinct elevated crown of foliage.

Street yard shall mean the area of a lot or parcel located between the street right-of-way line(s) and each building that faces the said street right-of-way.

Structure shall mean anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including, but not limited to, buildings of all types and off-premises ground signs, but exclusive of customary fences or boundary or retaining walls.

Substantial damage shall mean the cost to repair or replace existing development that is more than fifty (50) percent of the value of the building or structure before the damage occurred. For the purpose of this definition, the original valuation shall be determined by the county tax records.

Substitute landscaping plan shall mean a plan submitted for approval that differs from the standard landscaping requirements. Such substitute landscape plan shall clearly denote the differences from the standard required landscaping from the proposed substitute plan.

Vegetation shall mean any growing plant material.

Xeriscaping shall mean landscaping through use of slow-growing, native or adaptive vegetation that is drought-tolerant.

(Ord. No. 20-038, § I, 8-18-20)

(a)

Except as otherwise provided in this article, these regulations shall apply to all property within the city limits. These regulations shall run with the land and shall apply to any subsequent owner thereof.

(b)

When the requirements of this article conflict with the requirements of other provisions of this code, this article shall prevail; however, the provisions of this article shall be subordinate to regulations pertaining to traffic and pedestrian safety.

(Ord. No. 20-038, § I, 8-18-20)

(a)

The provisions of this article shall be administered by the director of planning and development services, and shall be enforced by the planning director or other official, such as a code enforcement officer, through issuance of stop work orders, or citations or summons.

(b)

While this ordinance establishes required landscape requirements, the City of Killeen encourages property owners of exempt properties to improve the value of their property, enhance the beauty of the city and assist in sustaining the environment by landscaping.

(Ord. No. 20-038, § I, 8-18-20)

Unless otherwise stated, violations of this article shall be punishable under the provisions of section 1-8 of the city code of ordinances.

(Ord. No. 20-038, § I, 8-18-20)

(a)

Landscaping is required for any type of new construction, including publicly owned and used property as follows:

(1)

New construction of one (1) or more new buildings or new parking, loading or vehicle storage space development within a vacant lot.

Exception. Accessory storage sheds two hundred (200) square feet or less shall not be considered new construction.

(2)

Construction of a new building or an addition to an existing building located within an existing developed lot that increases the total sum of all existing building footprint(s) on the lot by thirty (30) percent or more.

(3)

Construction of any parking, loading or vehicle storage space additions or extensions within a developed lot that increases the total sum of all existing parking, loading or vehicle storage space(s) less than ninety thousand (90,000) square feet by thirty (30) percent or more.

(b)

Any existing buildings or parking, loading or vehicle storage space areas to be removed for proposed new development shall not be considered for existing building or parking credits. The building footprint shall include the foundation line of the building(s) and include any roof projections at their outer most support lines. Any new development cannot be used as existing development credit until after one (1) year from final city approval of such development.

(c)

Should there be no land available for landscaping or should the area available for landscaping be severely restricted, the applicant may seek approval from the planning director for alteration or modification of these landscaping requirements. It is the intent of the City of Killeen to empower the planning director to apply good judgment and common sense in evaluating such requests for alternative plans.

(d)

Common development that encompasses more than one (1) lot may be treated as one (1) project for the purposes of application of this section. Split ownership, planning in phases, construction in stages, or multiple building permits for a project may not prevent it from being considered a common development, provided that a comprehensive site plan is submitted for all portions of the development being considered as a common development.

(e)

Upon prior approval from the planning director, phased development within a single lot that is ninety thousand (90,000) square feet or more in size may be landscaped in two (2) or more phases. A master landscape plan must be submitted for the entire project at the beginning of the first phase submittal denoting such phases.

(Ord. No. 20-038, § I, 8-18-20)

Landscaping is not required for the following development:

(1)

Any development in existence before the effective date of the ordinance from which this article is derived;

(2)

Residential development located within lots or parcels within zoning districts "A" agricultural, "R-MP" mobile home and travel trailer park, and "R-MS" manufactured housing district;

(3)

Any residential or non-residential development in the form of a building permit submitted to the city, which was platted before the effective date of the ordinance from which this article is derived; and

(4)

Restoration of a conforming use building that has been damaged, destroyed or demolished, which does not qualify as substantial improvement.

(Ord. No. 20-038, § I, 8-18-20)

(a)

When a building permit application is required, a landscape plan shall be prepared and submitted to the city. It shall contain the following information:

(1)

Date, graphic scale, north arrow, title and name of applicant/owner;

(2)

Location of existing boundary lines and dimensions of the lot or tract;

(3)

Approximate centerline of existing watercourses or drainageways; location of significant drainage features; and the location and size of existing and proposed streets, alleys, utility and fire lanes, and sidewalks;

(4)

Location, size, number, and type (tree, shrub, ground cover, grass) of landscaping in proposed areas and location and size of proposed landscaped areas;

(5)

Information necessary for verifying the required minimum amount of landscaping as well as any substitute landscape comparisons; and

(6)

Location and size of the proposed bib hose or irrigation system, if required.

(b)

Persons desiring use of special or unusual plant materials, or unique landscaping materials, as a part of an overall site design shall prepare a substitute landscape plan. Such plan shall include all information required to support the need for substitute landscaping. Artificial planting materials shall not be credited toward the landscaping requirements of this article.

(c)

Native or drought-tolerant plant species that conserve water and may have reduced maintenance requirements are suggested for use in landscaping plans. Landscape planning advice may be obtained by contacting the Bell County Extension Office.

(d)

The landscaping plan shall ensure that all impervious areas are developed and maintained in a manner that employs best management practices to control soil erosion and excess sedimentation.

(e)

Landscaping provided in vehicular and pedestrian use areas shall be designed so that the maturing of the landscaping will not conflict with the lighting scheme or such traffic areas.

(Ord. No. 20-038, § I, 8-18-20)

(a)

All single-family dwellings located within zoning district "AR-1" suburban residential single-family district shall have two (2) canopy trees, with at least one (1) planted in the front yard.

(1)

Trees. The following requirements shall apply to tree landscaping.

a.

Newly planted trees shall measure at least one and one-half (1½) caliper inches and six (6) feet in height at the time of planting, and shall be planted in a permeable area not less than three (3) feet in diameter. Tree plantings shall be of a recommended species as detailed in section 31-892.

b.

Existing trees to be used for landscape credit shall be in a healthy physical state, shall measure at least one and one-half (1½) caliper inches and shall be maintained in an undisturbed area within the drip line of the tree.

c.

Should an existing or newly planted tree used for landscape credit die, it shall be replaced with new landscaping according to the requirements of this section.

d.

Each canopy tree maintained in excess of the total number of trees required by this section may reduce the number of shrubs required by four (4). Each non-canopy tree maintained in excess of the total number of trees required by this section may reduce the number of shrubs required by two (2). Each two (2) square feet of planting bed used and maintained for the purpose of rotating live decorative planting materials shall reduce the number of shrubs required by one (1).

(2)

Irrigation. All landscaping required by this section shall be irrigated by either an automated system, or a hose bib attachment within one hundred fifty (150) feet of all landscaping. Automated underground irrigation systems shall be designed and installed in accordance with the requirements of other provisions of this code.

(Ord. No. 20-038, § I, 8-18-20)

(a)

All single-family dwellings located within zoning district "SR-1" suburban residential single-family district, "SR-2" suburban residential single-family district, and "R-1" single family residential district shall have two (2) canopy trees, with at least one (1) planted in the front yard, eight (8) three-gallon shrubs planted in the front yard, and ground cover landscaping.

(1)

Trees. The following requirements shall apply to tree landscaping.

a.

Newly planted trees shall measure at least one and one-half (1½) caliper inches and six (6) feet in height at the time of planting, and shall be planted in a permeable area not less than three (3) feet in diameter. Tree plantings shall be of a recommended species as detailed in section 31-892.

b.

Existing trees to be used for landscape credit shall be in a healthy physical state, shall measure at least one and one-half (1½) caliper inches and shall be maintained in an undisturbed area within the drip line of the tree.

c.

Should an existing or newly planted tree used for landscape credit die, it shall be replaced with new landscaping according to the requirements of this section.

d.

Each canopy tree maintained in excess of the total number of trees required by this section may reduce the number of shrubs required by four (4). Each non-canopy tree maintained in excess of the total number of trees required by this section may reduce the number of shrubs required by two (2). Each two (2) square feet of planting bed used and maintained for the purpose of rotating live decorative planting materials shall reduce the number of shrubs required by one (1).

e.

The placement of shrubbery shall take into consideration the plant size at maturity and shall be located so as not to conflict with vehicular or pedestrian traffic visibility.

(2)

Ground cover. The following requirements shall apply to ground cover landscaping:

a.

All single-family dwellings located within zoning district "SR-1" suburban residential single-family district, "SR-2" suburban residential single-family district, and "R-1" single family residential district shall be fully sodded or covered with other city-approved groundcover, as determined by the planning director, to ensure compatibility and to control dust, erosion and sediment from migrating off-site.

b.

Ground cover or grass shall be planted in the remaining area of the lot or parcel not planted in trees, shrubbery, planting beds, or covered by structures, pavement or other impervious surfaces.

c.

Approved non-vegetative ground cover materials (such as washed gravel, bark mulch, lava rock, rock, or other decorative covers generally used in landscaping) may be used to meet the provisions of this section. Where approved, non-vegetative ground cover shall be porous and form a uniform appearance free from weeds and grasses.

(3)

Irrigation. All landscaping required by this section shall be irrigated by either an automated system, or a hose bib attachment within one hundred fifty (150) feet of all landscaping. Automated underground irrigation systems shall be designed and installed in accordance with the requirements of other provisions of this code. The planning director may waive irrigation requirements where xeriscaping or a substitute landscaping plan is used.

(b)

All landscaping must be in place upon final inspection unless an extension is granted in writing by the planning director. Such extension shall not exceed sixty (60) days.

(Ord. No. 20-038, § I, 8-18-20)

(a)

All single-family or townhouse dwellings located within zoning district "RT-1" residential townhouse single-family district shall have two (1) canopy tree, and six (6) three-gallon shrubs planted per dwelling unit, and ground cover landscaping.

(1)

Trees. The following requirements shall apply to tree landscaping.

a.

Newly planted trees shall measure at least one and one-half (1½) caliper inches and six (6) feet in height at the time of planting, and shall be planted in a permeable area not less than three (3) feet in diameter. Tree plantings shall be of a recommended species as detailed in section 31-892.

b.

Existing trees to be used for landscape credit shall be in a healthy physical state, shall measure at least one and one-half (1½) caliper inches and shall be maintained in an undisturbed area within the drip line of the tree.

c.

Should an existing or newly planted tree used for landscape credit die, it shall be replaced with new landscaping according to the requirements of this section.

d.

Each canopy tree maintained in excess of the total number of trees required by this section may reduce the number of shrubs required by four (4). Each non-canopy tree maintained in excess of the total number of trees required by this section may reduce the number of shrubs required by two (2). Each two (2) square feet of planting bed used and maintained for the purpose of rotating live decorative planting materials shall reduce the number of shrubs required by one (1).

e.

The placement of shrubbery shall take into consideration the plant size at maturity and shall be located so as not to conflict with vehicular or pedestrian traffic visibility.

(2)

Ground cover. The following requirements shall apply to ground cover landscaping:

a.

All single-family dwellings located within zoning district "SR-1" suburban residential single-family district, "SR-2" suburban residential single-family district, and "R-1" single family residential district shall be fully sodded or covered with other city-approved groundcover, as determined by the planning director, to ensure compatibility and to control dust, erosion and sediment from migrating off-site.

b.

Ground cover or grass shall be planted in the remaining area of the lot or parcel not planted in trees, shrubbery, planting beds, or covered by structures, pavement or other impervious surfaces.

c.

Approved non-vegetative ground cover materials (such as washed gravel, bark mulch, lava rock, rock, or other decorative covers generally used in landscaping) may be used to meet the provisions of this section. Where approved, non-vegetative ground cover shall be porous and form a uniform appearance free from weeds and grasses.

(3)

Irrigation. All landscaping required by this section shall be irrigated by either an automated system, or a hose bib attachment within one hundred fifty (150) feet of all landscaping. Automated underground irrigation systems shall be designed and installed in accordance with the requirements of other provisions of this code. The planning director may waive irrigation requirements where xeriscaping or a substitute landscaping plan is used.

(b)

All landscaping must be in place upon final inspection unless an extension is granted in writing by the planning director. Such extension shall not exceed sixty (60) days.

(c)

Thirty-five (35) percent of all common areas within the "RT-1" residential townhouse single-family district shall be devoted to open space.

(Ord. No. 20-038, § I, 8-18-20)

(a)

All single-family and two-family dwellings located within zoning district "SF-2" single-family district and "R-2" two-family residential district shall have one (1) canopy tree per dwelling unit planted in the front yard, eight (8) three-gallon shrubs per dwelling unit planted in the front yard, and ground cover landscaping.

(1)

Trees. The following requirements shall apply to tree landscaping.

a.

Newly planted trees shall measure at least one and one-half (1½) caliper inches and six (6) feet in height at the time of planting, and shall be planted in a permeable area not less than three (3) feet in diameter. Tree plantings shall be of a recommended species as detailed in section 31-892.

b.

Existing trees to be used for landscape credit shall be in a healthy physical state, shall measure at least one and one-half (1½) caliper inches and shall be maintained in an undisturbed area within the drip line of the tree.

c.

Should an existing or newly planted tree used for landscape credit die, it shall be replaced with new landscaping according to the requirements of this section.

d.

Each canopy tree maintained in excess of the total number of trees required by this section may reduce the number of shrubs required by four (4). Each non-canopy tree maintained in excess of the total number of trees required by this section may reduce the number of shrubs required by two (2). Each two (2) square feet of planting bed used and maintained for the purpose of rotating live decorative planting materials shall reduce the number of shrubs required by one (1).

e.

The placement of shrubbery shall take into consideration the plant size at maturity and shall be located so as not to conflict with vehicular or pedestrian traffic visibility.

(2)

Ground cover. The following requirements shall apply to ground cover landscaping:

a.

All single-family dwellings located within zoning district "SF-2" single-family district shall be fully sodded or covered with other city-approved groundcover, as determined by the planning director, to ensure compatibility and to control dust, erosion and sediment from migrating off-site.

b.

Ground cover or grass shall be planted in the remaining area of the lot or parcel not planted in trees, shrubbery, planting beds, or covered by structures, pavement or other impervious surfaces.

c.

Approved non-vegetative ground cover materials (such as washed gravel, bark mulch, lava rock, rock, or other decorative covers generally used in landscaping) may be used to meet the provisions of this section. Where approved, non-vegetative ground cover shall be porous and form a uniform appearance free from weeds and grasses.

(3)

Irrigation. All landscaping required by this section shall be irrigated by either an automated system, or a hose bib attachment within one hundred fifty (150) feet of all landscaping. Automated underground irrigation systems shall be designed and installed in accordance with the requirements of other provisions of this code. The planning director may waive irrigation requirements where xeriscaping or a substitute landscaping plan is used.

(b)

All landscaping must be in place upon final inspection unless an extension is granted in writing by the planning director. Such extension shall not exceed sixty (60) days.

(Ord. No. 20-038, § I, 8-18-20)

(a)

All multi-family use lots located within zoning district "R-3" multifamily district developed after the original effective date [August 11, 2004] of the ordinance from which this article is derived shall have installed not less than six (6) three-gallon (minimum) shrubs and two (2) one and one-half (1½) caliper inch (minimum) trees within the street yard. The remaining portion of the street yard(s) shall be planted in ground cover or grass.

(b)

Existing landscaping that matches or exceeds the required number, size, and type of landscaping located in the side or rear yards of a three- and four-family dwelling lot or parcel may be credited toward the requirements of this section.

(c)

All required landscaping required by this section shall be in place and in a thriving condition on the date a final inspection and/or certificate of occupancy is issued for the structure or should seasonal planting be an issue, partial landscaping may be delayed to a later date with the approval of the planning director. Such request shall be in writing, state the reasons for delay, and present a timeline for completion as required in section 31-890.

(Ord. No. 20-038, § I, 8-18-20)

(a)

All multi-family use lots located within zoning district "R-3F" multi-family residential district shall have one (1) canopy tree and three (3) three-gallon shrubs per dwelling unit. All required landscaping shall be placed in the front or the side of the building.

(b)

Trees. The following requirements shall apply to tree landscaping:

(1)

Newly planted trees shall measure at least one and one-half (1½) caliper inches and six (6) feet in height at the time of planting, and shall be planted in a permeable area not less than three (3) feet in diameter.

(2)

Existing trees to be used for landscape credit shall be in a healthy physical state, shall measure at least four-inch caliper and shall be maintained in an undisturbed area within the drip line of the tree.

(3)

Should an existing tree used for landscape credit die, it shall be replaced with new landscaping according to the requirements of this section.

(4)

Recommended plantings include the recommended species as detailed in section 31-892.

(c)

Shrubbery. The following requirements shall apply to shrubbery landscaping:

(1)

Shrubs shall not be less than three (3) gallons in size.

(2)

The placement of shrubbery shall take into consideration the plant size at maturity and shall be located so as not to conflict with vehicular or pedestrian traffic visibility.

(d)

Ground cover. The following requirements shall apply to ground cover landscaping:

(1)

Ground cover or grass shall be planted in the remaining area of the lot or parcel not planted in trees, shrubbery, planting beds, or covered by structures, pavement or other impervious surfaces.

(2)

Approved non-vegetative ground cover materials (such as washed gravel, bark mulch, lava rock, sand, rock, or other decorative covers generally used in landscaping) may be used to meet the provisions of this section. Where approved, non-vegetative ground cover shall be porous and form a uniform appearance free from weeds and grasses.

(e)

Irrigation. All landscaping required by this section shall be irrigated by either an automated system, or a bib hose attachment within one hundred fifty (150) feet of all landscaping. Automated underground irrigation systems shall be designed and installed in accordance with the requirements of other provisions of this code. The planning director may waive irrigation requirements where xeriscaping or a substitute landscaping plan is used.

(Ord. No. 20-038, § I, 8-18-20)

(a)

All multi-family use lots located within zoning district "R-3A" multi-family apartment residential district shall have one (1) canopy tree and six (6) three-gallon shrubs per every two (2) dwelling units. All required landscaping shall be placed in the front or the side of the building.

(b)

Trees. The following requirements shall apply to tree landscaping:

(1)

Newly planted trees shall measure at least one and one-half (1½) caliper inches and six (6) feet in height at the time of planting, and shall be planted in a permeable area not less than three (3) feet in diameter.

(2)

Existing trees to be used for landscape credit shall be in a healthy physical state, shall measure at least four-inch caliper and shall be maintained in an undisturbed area within the drip line of the tree.

(3)

Should an existing tree used for landscape credit die, it shall be replaced with new landscaping according to the requirements of this section.

(4)

Recommended plantings include the recommended species as detailed in section 31-892.

(c)

Shrubbery. The following requirements shall apply to shrubbery landscaping:

(1)

Shrubs shall not be less than three (3) gallons in size.

(2)

The placement of shrubbery shall take into consideration the plant size at maturity and shall be located so as not to conflict with vehicular or pedestrian traffic visibility.

(d)

Ground cover. The following requirements shall apply to ground cover landscaping:

(1)

Ground cover or grass shall be planted in the remaining area of the lot or parcel not planted in trees, shrubbery, planting beds, or covered by structures, pavement or other impervious surfaces.

(2)

Approved non-vegetative ground cover materials (such as washed gravel, bark mulch, lava rock, sand, rock, or other decorative covers generally used in landscaping) may be used to meet the provisions of this section. Where approved, non-vegetative ground cover shall be porous and form a uniform appearance free from weeds and grasses.

(e)

Irrigation. All landscaping required by this section shall be irrigated by either an automated system, or a bib hose attachment within one hundred fifty (150) feet of all landscaping. Automated underground irrigation systems shall be designed and installed in accordance with the requirements of other provisions of this code. The planning director may waive irrigation requirements where xeriscaping or a substitute landscaping plan is used.

(Ord. No. 20-038, § I, 8-18-20)

Landscaping within zoning districts "UD" university district and "CD" cemetery district is required as follows:

(1)

Landscaping required. Minimum required landscaping shall be determined by this section. At a minimum, fifty (50) percent of the required landscaping should be located in the front of the building and/or on sides of the building that front public rights-of-way; however, any reasonable distribution of landscaping in proportion to street frontage may be approved by the planning director.

(2)

Trees. The following requirements shall apply to tree landscaping:

a.

The minimum number of required trees shall be calculated by dividing the lot or parcel frontage (i.e., the length in feet of lot lines abutting street frontages) by twenty (20). The resulting quotient, with any remainder rounded up to the next nearest whole number, shall be the total number of trees required. The length of the lot lines for irregular lots shall be the average width or length of the lot. A reduction in the required number of trees shall apply to lots with more than one (1) street frontage by dividing the total lot frontages by thirty (30) instead of twenty (20).

b.

Not less than fifty (50) percent of the required trees planted in the area to be landscaped shall be canopy trees.

c.

Newly planted trees shall measure at least one and one-half (1½) caliper inches and six (6) feet in height at the time of planting, and shall be planted in a permeable area not less than three (3) feet in diameter.

d.

Existing trees to be used for landscape credit shall be in a healthy physical state, shall measure at least four-inch caliper and shall be maintained in an undisturbed area within the drip line of the tree.

e.

Should an existing tree used for landscape credit die, it shall be replaced with new landscaping according to the requirements of this section.

f.

Recommended plantings include the recommended species as detailed in section 31-892.

(3)

Shrubbery. The following requirements shall apply to shrubbery landscaping:

a.

The number of required shrubs shall be calculated by dividing the lot or parcel frontage (i.e., the length in feet of lot lines abutting street frontages) by two and one-half (2½). The resulting quotient, with any remainder rounded up to the next nearest whole number, shall be the total number of shrubs required.

b.

Each canopy tree maintained in excess of the total number of trees required by this section may reduce the number of shrubs required by ten (10). Each non-canopy tree maintained in excess of the total number of trees required by this section may reduce the number of shrubs required by six (6). In like manner, ten (10) shrubs can be substituted for one (1) canopy tree and six (6) shrubs can be substituted for a non-canopy tree.

c.

Each two (2) square feet of planting bed used and maintained for the purpose of rotating live decorative planting materials may reduce the number of shrubs required by one (1).

d.

Shrubs shall not be less than three (3) gallons in size.

e.

The placement of shrubbery shall take into consideration the plant size at maturity and shall be located so as not to conflict with vehicular or pedestrian traffic visibility.

(4)

Ground cover. The following requirements shall apply to ground cover landscaping:

a.

Ground cover or grass shall be planted in the remaining area of the lot or parcel not planted in trees, shrubbery, planting beds, or covered by structures, pavement or other impervious surfaces.

b.

Approved non-vegetative ground cover materials (such as washed gravel, bark mulch, lava rock, sand, rock, or other decorative covers generally used in landscaping) may be used to meet the provisions of this section. Where approved, non-vegetative ground cover shall be porous and form a uniform appearance free from weeds and grasses.

(5)

Irrigation. All landscaping required by this section shall be irrigated by either an automated system, or a bib hose attachment within one hundred fifty (150) feet of all landscaping. Automated underground irrigation systems shall be designed and installed in accordance with the requirements of other provisions of this code. The building official may waive irrigation requirements where xeriscaping or a substitute landscaping plan is used.

(Ord. No. 20-038, § I, 8-18-20)

(a)

Area required. The minimum amount of landscaped area required for parking, loading or vehicle storage space development within a single lot that is ninety thousand (90,000) square feet or more shall be five (5) percent of all vehicular use areas, which shall be devoted to landscape islands, peninsulas or medians.

(b)

Street yard landscape credit. Landscape islands, peninsulas and medians may be included in calculating the minimum required street yard landscaping.

(c)

Distribution of landscaping. The number, size and shape of landscape islands, peninsulas, and medians, in both street and non-street yards, shall be at the discretion of the applicant. All required islands, peninsulas and medians shall be reasonably distributed throughout parking areas; however, the distribution and location of landscape islands, peninsulas, and medians may be adjusted to accommodate existing trees or other natural features so long as the total landscape area requirement for all parking areas is satisfied.

(d)

Irrigation. All landscaping required by this section shall be irrigated by either an automated system, or a bib hose attachment within one hundred fifty (150) feet of all landscaping. Automated underground irrigation systems shall be designed and installed in accordance with the requirements of other provisions of this code. The planning director may waive irrigation requirements where xeriscaping or a substitute landscaping watering plan is used.

(Ord. No. 20-038, § I, 8-18-20)

(a)

Where approved by the planning director, a landscaped buffer may be planted to meet the screening device requirements specified within chapter 31, zoning regulations. Such alternate screening shall become applicable only upon a change of land use, property ownership, or building occupancy, or at such time a building permit application is made, except as otherwise specified within this chapter.

(b)

A landscaped buffer shall provide a visual barrier from adjacent properties and streets. The owner of the property on which the landscaped buffer screening is planted shall permanently and adequately maintain such screening.

(c)

Landscaped buffer screening shall consist of earthen and planting materials not less than five (5) feet in width and include hedge-like shrubbery or evergreen planting materials capable of obtaining a minimum height of six (6) feet within the first three (3) years of initial planting.

(d)

Where approved by the planning director, an earthen berm with elevated planting materials may be used as a landscaped buffer to meet the requirements of this section.

(e)

An automatic underground drip irrigation or sprinkler system shall be provided for all landscaped buffer screens. A landscaped buffer shall be continuously maintained in a healthy thriving condition.

(Ord. No. 20-038, § I, 8-18-20; Ord. No. 24-039, § I, 9-17-24)

(a)

Landscaping shall not be placed in a public right-of-way without the approval of the planning director and city engineer, and in the case of right-of-way controlled by the state, only with the approval of the state department of transportation.

(b)

Landscaping shall not be located or placed so as to obstruct any fire lane, fire hydrant, or similar connection, nor shall landscaping be placed in a manner that obstructs emergency ingress/egress access to any building.

(c)

Landscaping shall not obstruct views between the street and access drives or parking aisles near street yard entries and exits, nor shall any landscaping obstruct views within the radius of any curb return.

(d)

Sight triangles shall be maintained for all landscaped property at all driveways and street intersections in accordance with section 28-241, visibility at intersections of the Killeen code of ordinances.

(Ord. No. 20-038, § I, 8-18-20)

(a)

The planning director shall review all landscaping for compliance with this article. Landscaping shall be completed in compliance with the approved landscape plan before a final inspection and/or certificate of occupancy is issued, unless otherwise provided in this article. In the event that placement of certain or partial landscaping materials is not practicable at the time the final inspection and/or certificate of occupancy is requested, a written placement schedule shall be submitted to the planning director for approval before issuance of the certificate of occupancy. Such request cannot exceed forty-five (45) days unless an escrow for the cost of completion is provided. Failure to meet the approved placement schedule and place the required landscaping materials as shown on the landscape plan shall constitute a violation of this article.

(b)

Dead, damaged, diseased or displaced landscaping shall be promptly replaced or repaired, and in any event, within a reasonable time after notification by the planning director. Replaced or repaired landscaping shall be of similar type and character as the material it replaces.

(c)

Replacement of dead landscaping shall occur within thirty (30) days of the required replacement date issued by the planning director or other official, such as a code enforcement officer. In the event that placement of dead landscaping materials is not practicable within thirty (30) days of notification, a placement schedule shall be submitted to the planning director for approval. Replacement material shall be of similar type and character as the dead landscaping. Failure to replace dead landscaping, as required by the planning director, shall constitute a violation of this article.

(d)

Should installed landscaping not be maintained or is determined to not be in compliance with this article, the landscaping shall be declared a nuisance and the property owner shall replace it with materials that are in compliance with the requirements of this article.

(Ord. No. 20-038, § I, 8-18-20)

The board of adjustment shall hear and decide all appeals where it is alleged there is error of law in any order, requirement, decision, or determination made by the planning director in the enforcement of this division. Any action of the zoning board of adjustment shall be in accordance with the provisions of this chapter.

(Ord. No. 20-038, § I, 8-18-20)

(Ord. No. 20-038, § I, 8-18-20)

(a)

Landscaping required. Minimum required landscaping shall be determined by this section. Where possible, approximately fifty (50) percent of the required landscaping should be located in the street yard; however, any reasonable distribution of landscaping in proportion to street frontage may be approved by the building official.

(b)

Trees. The following requirements shall apply to tree landscaping:

(1)

The minimum number of required trees shall be calculated by dividing the lot or parcel frontage (i.e., the length in feet of lot lines abutting street frontages) by twenty-five (25). The resulting quotient, with any remainder rounded up to the next nearest whole number, shall be the total number of trees required. The length of the lot lines for irregular lots shall be the average width or length of the lot. A reduction in the required number of trees shall apply to lots with more than one (1) street frontage by dividing the total lot frontages by thirty (30) instead of twenty-five (25).

(2)

Not less than fifty (50) percent of the required trees planted in the area to be landscaped shall be canopy trees.

(3)

Newly planted trees shall measure at least two-inch caliper and six (6) feet high at the time of planting, and shall be planted in a permeable area not less than three (3) feet in diameter.

(4)

Existing trees to be used for landscape credit shall be in a healthy physical state, shall measure at least four-inch caliper and shall be maintained in an undisturbed area within the drip line of the tree.

(5)

Should an existing tree used for landscape credit die, it shall be replaced with new landscaping according to the requirements of this section.

(6)

Recommended plantings include the quality tree species listed in subdivision A.

(c)

Shrubbery. The following requirements shall apply to shrubbery landscaping:

(1)

The number of required shrubs shall be calculated by dividing the lot or parcel frontage (i.e., the length in feet of lot lines abutting street frontages) by five (5). The resulting quotient, with any remainder rounded up to the next nearest whole number, shall be the total number of shrubs required.

(2)

Each canopy tree maintained in excess of the total number of trees required by this section may reduce the number of shrubs required by ten (10). Each non-canopy tree maintained in excess of the total number of trees required by this section may reduce the number of shrubs required by six (6). In like manner, ten (10) shrubs can be substituted for one (1) canopy tree and six (6) shrubs can be substituted for a non-canopy tree.

(3)

Each two (2) square feet of planting bed used and maintained for the purpose of rotating live decorative planting materials may reduce the number of shrubs required by one (1).

(4)

Shrubs shall not be less than three (3) gallons in size.

(5)

The placement of shrubbery shall take into consideration the plant size at maturity and shall be located so as not to conflict with vehicular or pedestrian traffic visibility.

(d)

Ground cover. The following requirements shall apply to ground cover landscaping:

(1)

Ground cover or grass shall be planted in the remaining area of the lot or parcel not planted in trees, shrubbery, planting beds, or covered by structures, pavement or other impervious surfaces.

(2)

Approved non-vegetative ground cover materials (such as washed gravel, bark mulch, lava rock, sand, rock, or other decorative covers generally used in landscaping) may be used to meet the provisions of this section. Where approved, non-vegetative ground cover shall be porous and form a uniform appearance free from weeds and grasses.

(e)

Irrigation. All landscaping required by this section shall be irrigated by either an automated system, or a bib hose attachment within one hundred fifty (150) feet of all landscaping. Automated underground irrigation systems shall be designed and installed in accordance with the requirements of other provisions of this code. The building official may waive irrigation requirements where xeriscaping or a substitute landscaping plan is used.

(Ord. No. 22-079, § I, 10-25-22)

(a)

Purpose. The purpose of this division is to ensure that outdoor lighting is provided in a manner that enhances and promotes the nighttime enjoyment of property and enhances the ability to view the night sky.

(b)

Intent. The intent of this division is to provide outdoor lighting regulations that reduce light pollution, glare, unwanted light trespass, and other lighting related nuisances, and thereby conserve energy, enhance property values, and protect the public health, safety, and welfare.

(Ord. No. 24-016, § I, 5-14-24)

(a)

Applicability. This division shall apply to all property within the City limits, unless exempted by section 31-897(b).

(b)

Exceptions. The requirements set out in this division shall not apply to:

(1)

Property located greater than five (5) miles from the boundary of a military base in which an active training program is conducted;

(2)

Outdoor lighting in place prior to adoption of the ordinance from which this division is derived; and

(3)

Temporary lighting for holiday decorations, civic events, or construction projects, provided such lighting does not cause light trespass or a driving hazard.

(Ord. No. 24-016, § I, 5-14-24)

(a)

The provisions of this section shall apply to all property within the corporate city limits zoned "B-1", "B-2", "NBD", "B-3", "B-3A", "B-4", "B-5", "B-C-1", "RC-1", "B-DC", "UD", "CD", "M-1", "M-2", "R-3", "R-3F", "R-3A", and all other inactive commercial, manufacturing, and multifamily residential zoning districts unless exempted by section 31-897(b).

(b)

The height of free-standing exterior lighting, except streetlights in public rights-of-way, shall not exceed fifteen (15) feet. The height of wall-mounted exterior lighting shall not exceed twelve (12) feet.

(c)

Light trespass has a negative impact on the enjoyment and value of the affected adjacent property and is hereby declared to be unlawful. All outdoor lighting fixtures shall be shielded to direct lighting downward and oriented in a manner that ensures that all illumination is contained within the source property. All exterior lighting shall be directed away from adjoining streets and residential properties in such a manner that the light emission shall not cause light trespass observable from adjoining streets and other properties.

(d)

Uplighting has a negative impact on the enjoyment of the night sky and is hereby declared to be unlawful, with the following exceptions:

(1)

Uplighting may be installed adjacent to flagpoles to illuminate a flag if the lighting is installed and directed in such a manner that the illumination is targeted directly at the flag provided such lighting does not cause light trespass or a driving hazard.

(2)

Uplighting of public art, sculptures, architectural features, and landscape features for ornamental purposes, which enhances the character of the area is permitted provided such lighting does not cause light trespass or a driving hazard.

(e)

Canopy lighting shall be fully shielded or recessed so that the lenses of the lights do not cause glare and are recessed from the bottom surface of the canopy.

(f)

Any person wishing to install or use exterior lighting for commercial, manufacturing, and multi-family structures that requires a permit shall first request a site plan review and obtain approval for such lighting from the building official. The site plan shall fully comply with the general regulations in this section, and shall specify the location, height, and type of all exterior lighting.

(Ord. No. 24-016, § I, 5-14-24)

(a)

The provisions of this section shall apply to properties within the corporate city limits zoned "A", "A-R1", "SR-1", "SR-2", "R-1", "SF-2", "RM-1", "RT-1", "R-MS", "R-MP", "R-2", and all other inactive single-family and two-family residential zoning districts unless exempted by section 31-897(b).

(b)

The height of free-standing exterior lighting, except streetlights in public rights-of-way, shall not exceed eight (8) feet. The height of wall-mounted exterior lighting shall not exceed ten (10) feet.

(c)

Light trespass has a negative impact on the enjoyment and value of the affected adjacent property and is hereby declared to be unlawful. All outdoor lighting fixtures shall be shielded to direct lighting downward and oriented in a manner that ensures that all illumination is contained within the source property. All exterior lighting shall be directed away from adjoining streets and residential properties in such a manner that the light emission shall not cause light trespass observable from adjoining streets and other properties.

(d)

Uplighting has a negative impact on the enjoyment of the night sky and is hereby declared to be unlawful, with the following exceptions:

(1)

Uplighting may be installed adjacent to flagpoles to illuminate a flag if the lighting is installed and directed in such a manner that the illumination is targeted directly at the flag provided such lighting does not cause light trespass or a driving hazard.

(2)

Uplighting of public art, sculptures, architectural features, and landscape features for ornamental purposes, which enhances the character of the area is permitted provided such lighting does not cause light trespass or a driving hazard.

(e)

Any person wishing to install or use exterior lighting for single-family and two-family residential structures that requires a permit shall first request a site plan review and obtain approval for such lighting from the building official. The site plan shall fully comply with the general regulations in this section, and shall specify the location, height, and type of all exterior lighting.

(Ord. No. 24-016, § I, 5-14-24)