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La Feria City Zoning Code

§ 20

CONDITIONAL DEVELOPMENT STANDARDS.

A. 
Home Occupations.
(1) 
The purpose of this subsection is to permit the conduct of home occupations, which includes Cottage Food Production Operations as defined by 25 Texas Administrative Code Sec. 228.2(9) (as may be amended), and which are compatible with the neighborhoods in which they are located. Some home occupations are a permitted accessory use in a residential district and are subject to the requirements of that district in which the use is located, in addition to the following:
(a) 
Only the members of the immediate family occupying the dwelling shall be engaged in the home occupation;
(b) 
The home occupation shall be conducted only within the enclosed area of the dwelling unit, garage, or accessory buildings. No storage or display of materials, goods, supplies, or equipment related to the operation of home occupation shall be visible outside any structure located on the premises;
(c) 
No more than twenty-five percent (25%) of the area of one (1) story of the principal building shall be devoted to the home occupation;
(d) 
There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district;
(e) 
No use shall create smoke, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district;
(f) 
The home occupation shall not create any significant increase in vehicular flow or parking and shall not create greater pedestrian traffic than normal for the district;
(g) 
No home occupation shall cause a significant increase in the use of any utilities, or generate trash or refuse beyond the average of the residences in the neighborhood; and
(h) 
No more than one (1) advertising sign with a maximum of four (4) square feet of a non-illuminating nature may be attached to the main building.
(2) 
The following are examples of uses which can often be conducted within the limits of this subsection. Uses listed in this paragraph do not automatically qualify as a home occupation nor does this listing limit the uses which may qualify as home occupations: piano and guitar instruction, handicraft, dressmaking, preserving, accountant, artist, author, consultant, individual tutoring, millinery, child care of no more than five (5) children, and barber or beauty shops. The following uses are incompatible with residential neighborhoods and thereby impair the character of residential areas. Therefore, these uses shall not be permitted as accessory uses in residential districts: vehicle repair, painting of vehicles or boats, television and appliance repair, fix-it shops, cabinet shops, and machine shops.
(3) 
The city commission shall interpret the provisions of this subsection to determine the validity of a home occupation. A use considered not within the scope of the home occupation provisions shall be subject to the provisions of the commercial or industrial zones of this ordinance.
B. 
Mobile Food Vending Court.
All Mobile Food Vending Court land uses shall comply with the following requirements; however, all Mobile Food Vendors in a Mobile Food Vending Court are also subject to state law provisions applicable to Mobile Food Units and as provided in 25 Texas Administrative Code Chapter 228 and Texas Health and Safety Code Chapter 437, as both may be amended ("State Law"). In the event of a conflict between this Section and State Law, State Law shall govern.
(1) 
Maximum number of Mobile Food Vendors.
There shall be a maximum of ten (10) Mobile Food Vendors allowed in a Mobile Food Vending Court. A Specific Use Permit may be granted by the City Commission to allow more than ten (10) Mobile Food Vendors in a Mobile Food Vending Court.
(2) 
Location.
All activities associated with a Mobile Food Vending Court must be located at least two hundred (200) feet away from any single-family residential use or residential zoning district. A Specific Use Permit may be granted by the City Commission to reduce the two hundred (200) foot setback.
(3) 
Fire Lanes.
Fire lanes and adequate fire protection shall be provided to serve the Mobile Food Vending Court as required by applicable city, state, or international regulations or codes.
(4) 
No Mobile Food Vendor nor any associated seating areas are allowed to be located in any required zoning setback, buffer yard, easement, or fire lane.
(5) 
Utility Connections.
Temporary connections for electricity, water and sanitary sewer shall be provided to each Mobile Food Vendor site. Electricity to the Mobile Food Vendor may not be provided through the use of portable generators.
(6) 
Restrooms.
A permanent restroom building equipped with flush type toilets and properly plumbed to a sanitary sewage system with sufficient capacity to meet the needs of the Mobile Food Vending Court's Mobile Food Units and customers shall be conveniently located on the property and accessible to employees and customers. Restrooms shall also be compliant with city building codes and 25 TAC 228, as may be amended. Restrooms shall be equipped with hand sinks, hot and cold water and either hand towels or forced air hand dryers.
(7) 
Seating and eating areas.
All Mobile Food Vending Courts shall provide shaded seating and eating areas.
(8) 
All Mobile Food Vendors shall be parked on designated locations paved with asphalt or concrete. Paving shall be constructed of new material and to accepted industry specifications.
(9) 
Drive-Through Service.
Vehicular drive-through service of food and/or beverages shall not be permitted except through a Specific Use Permit granted by the City Commission.
(10) 
Trash enclosure.
All trash receptacles shall be screened from public view and neighboring property view by a sight obscuring solid fence or wall enclosure with gates. The enclosure shall be a minimum of eight (8) feet in height. Gates shall be of a solid sight obscuring material and shall be closed at all times except when loading or unloading.
C. 
Accessory Mobile Food Vending.
All Accessory Mobile Food Vending land uses shall comply with the following requirements; however, all Accessory Mobile Food Vending is also subject to state law provisions applicable to Mobile Food Units and as provided in 25 Texas Administrative Code Chapter 228 and Texas Health and Safety Code Chapter 437, as both may be amended ("State Law"). In the event of a conflict between this Section and State Law, State Law shall govern.
(1) 
Accessory use only.
Accessory Mobile Food Vending shall only permitted as an accessory use when a primary use of the property is established and operating with a valid certificate of occupancy.
(2) 
Maximum number of Accessory Mobile Food Vendors.
There shall be a maximum of one (1) accessory Mobile Food Vendor per site.
(3) 
Location.
All activities associated with Accessory Mobile Food Vending must be located at least two hundred (200) feet away from any single-family residential use or residential zoning district. A Specific Use Permit may be granted by the City Commission to reduce the two hundred (200) foot setback.
(4) 
Mobile Food Vendors shall be parked on surfaces paved with asphalt or concrete. Paving shall be constructed of new material and to accepted industry specifications.
(5) 
Mobile Food Vendors shall not be placed in required parking spaces nor block or impede the safe and orderly flow of traffic through the site.
(6) 
No Mobile Food Vendor nor any seating areas are allowed to be located in any required zoning setback, buffer yard, easement, or fire lane.
(7) 
Utility Connections.
Temporary connections for electricity shall be provided to the Mobile Food Vendor site. Water and sanitary sewer temporary connections may also be provided to the Mobile Food Vendor site but are not required. Electricity to the Mobile Food Vendor may not be provided through the use of portable generators.
(8) 
Restrooms.
Accessory Mobile Food Vendors must provide access to restroom facilities for customers and employees within 300 feet of the mobile food unit. If the restroom facilities being provided are located within another establishment, the Mobile Food Vendor's hours of operation shall be restricted to only those times in which restrooms are available. Portable restroom facilities are prohibited.
(9) 
Drive-Through Service.
Vehicular drive-through service of food and/or beverages shall not be permitted except through a Specific Use Permit granted by the City Commission.
(Ordinance 2023-04 adopted 3/28/2023)