(1)   Except as otherwise provided in division (C)(3) below, any site plan that is amended shall require approval of the Town Council.

      (2)   Changes to the site plan which will affect the use of the land may require either an amendment to a planned development or a rezoning of property, whichever applies.

      (3)   Changes of details within a site plan which do not alter the basic physical relationship of the property to adjacent properties; do not alter the use permitted; and do not increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved site plan, may be authorized by the administrative official or his or her designee. An aggrieved party may appeal the decision of the administrative official or his or her designee to the Zoning Board of Adjustment in accordance with the provisions of this chapter.

      (1)   The boundary lines and dimensions of the property, existing subdivision lots, available utilities, easements, roadways, sidewalks, emergency access easements, and public rights-of-way.

      (2)   Topography of the property proposed for development in contours of not less than two feet, together with any proposed grade elevations, if different from existing elevations.

      (3)   Floodplains, water courses, marshes, drainage areas, and other significant environmental features including, but not limited to, rock outcroppings and major tree groupings. Topographic and drainage map information provisions may be waived by the reviewing body when the inclusion of such data would not materially contribute to the necessary evaluation of the project petition.

      (4)   The location and use of all existing and proposed buildings or structures, including all refuse storage areas, and the minimum distance between buildings. Where building complexes are proposed, the location of each building and the minimum distances between buildings, and between buildings and the property line, street line, and/or alley.

      (5)   Total number, location, and arrangement of off-street parking and loading spaces, where required.

      (6)   All points of vehicular ingress, egress, and circulation within the property and all special traffic regulation facilities proposed or required to assure the safe function of the circulation plan.

      (7)   Setbacks, lot coverage, and when relevant, the relationship of the setbacks provided and the height of any existing or proposed building or structure.

      (8)   The location, size, and arrangement of all outdoor signs, exterior auditory speakers, and lighting.

      (9)   The type, location, and quantity of all plant material used for landscaping, and the type, location, and height of fences or screening and the plantings around them.

      (10)   If multiple types of land uses are proposed, a delineation of the specific areas to be devoted to various land uses.

      (11)   Vicinity map, north point, scale, name of development, name of owner, name of planner, total acreage of project, and street address or common description of the property.

      (12)   Current land uses and zoning district of the property and current land uses and zoning districts of contiguous properties.

      (13)   Buildings on the exterior of the site and within 25 feet of all property lines.

      (14)   The location and size of existing and proposed surface and subsurface drainage facilities, including culverts, drains, and detention ponds, showing size and direction of flow.

      (15)   The number of square feet of the property after construction which will constitute impervious area or impervious surface and vegetated areas.

      (16)   Architectural drawings, such as elevations, concept sketches or renderings depicting building types and other significant proposed improvements including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant's land use and development proposals.

      (17)   Legal description of the total site area proposed for rezoning, development or specific use permit.

      (18)   Signature, title and date of the applicant, at the conclusion of the written documents certifying the information presented in the plans, and supporting documents reflect a reasonably accurate portrayal of the general nature and character of the applicant's proposals.

(Ord. 312, passed 6-22-2010)

   (A)   Purpose.  Certain land uses, because of their nature and location, are not appropriate for categorizing into installations, such as colleges and universities, institutions, community facilities, zoos, cemeteries, country clubs, show grounds, drive-in theaters and other unusual land uses not specifically provided for in this chapter. To provide for the proper handling and location of such specific uses, provision is made for amending this chapter to grant a permit for a specific use in a specific location. This procedure for approval of a specific use permit includes a public hearing. The amending ordinance may provide for certain restrictions and standards for operation. The indication that it is possible to grant a specific use permit as noted elsewhere in this chapter does not constitute a grant of privilege for such use, nor is there any obligation to approve a specific use permit unless it is the finding of the Town Council that such a special use is compatible with adjacent property use and consistent with the character of the neighborhood.

      (1)   A completed application form signed by the property owner;

      (2)   An application fee as established by the town's latest adopted schedule of fees;

      (3)   A certificate stating that all town and school taxes have been paid to date;

      (4)   A property description of the area where the specific use permit is proposed to apply;

      (5)   A site plan complying with the requirements stated in this section which will become a part of the specific use permit, if approved; and

      (6)   Any other material and/or information as may be required by the Town Council or the administrative official to fulfill the purpose of this division and to ensure that the application is in compliance with the ordinances of the town.

      (1)   Copies of studies or analyses upon which have been based projections for need or demand for the proposed facility;

      (2)   Description of the present use, assessed value and actual value of the land affected by the proposed facility;

      (3)   Description of the proposed use, anticipated assessed value and supporting documentation;

      (4)   A description of any long-term plans or master plan for the future use or development of the property;

      (5)   A description of the applicant's ability to obtain needed easements to serve the proposed use;

      (6)   A description of any special construction requirements that may be necessary for any construction or development on the subject property;

      (7)   A traffic impact analysis prepared by a qualified professional in the field of traffic evaluation and forecasting may be required.

      (1)   The proposed use complies with all the requirements of the zoning district in which the property is located.

      (2)   The proposed use as located and configured will contribute to or promote the general welfare and convenience of the town.

      (3)   The benefits that the town gains from the proposed use outweigh the loss of or damage to any homes, business, natural resources, agricultural lands, historical or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historical features of significance, and outweigh the personal and economic cost of any disruption to the lives, business and property of individuals affected by the proposed use.

      (4)   Adequate utilities, road access, drainage and other necessary supporting facilities have been or shall be provided.

      (5)   The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments.

      (6)   The issuance of the specific use permit does not impede the normal and orderly development and improvement of neighboring vacant property.

      (7)   The location, nature and height of buildings, structures, walls and fences are not out of scale with the neighborhood.

      (8)   The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity.

      (9)   Adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration and visual blight.

      (10)   Sufficient on-site lighting is provided for adequate safety of patrons, employees and property, and such lighting is adequately shielded or directed so as not to disturb or adversely effect neighboring properties.

      (11)   There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties.

      (12)   The proposed operation is consistent with the applicant's submitted plans, master plans, projections, or, where inconsistencies exist, the benefits to the community outweigh the costs.

      (13)   The proposed use is in accordance with the Town of Lakeside Comprehensive Land Use Plan.

      (1)   The permit was obtained or extended by fraud or deception.

      (2)   One or more of the conditions imposed by the permit has not been met or has been violated.

(Ord. 312, passed 6-22-2010)

      (1)   A site plan is provided; and

      (2)   For every one foot exceeding the maximum permitted height, an additional one foot of setback is provided on the front, side, and rear yards. The maximum height of a building shall not exceed 50 feet without a special exception.

(Ord. 312, passed 6-22-2010)

   The following general requirements provide additional criteria which apply to yard requirements in all zoning districts.

      (1)   Ordinary sills, belt courses, cornices, chimneys, bay windows, buttresses and ornamental features may project not more than twelve inches into a required yard; and

      (2)   Eaves may project not more than 36 inches into a required yard.

(Ord. 312, passed 6-22-2010)

 

   (A)   All accessory buildings/structures, detached garages, RV buildings shall be behind the rear building line of the main dwelling.

      (1)   No single accessory building may be larger than 100% of the size of the primary structure as per the most recent TAD records.

      (2)   (a)   The total square footage of all accessory buildings/structures, detached garages, RV buildings and carports shall not exceed 10% of the total land behind the main dwelling.

         (b)   The total square footage will be determined by the space covered by the roof of the building.

      (3)   There will be a minimum spacing of ten feet between all structures.

      (4)   These structures shall not be erected closer than ten feet to any property line/easement located in the back yard if they have a permanent foundation or five feet if they do not have a fixed foundation.

      (5)   All structures located 25 feet or closer to the principal building will use complementary exterior building materials and colors to the main building.

      (6)   Are not to be equipped for or used for human habitation.

      (7)   They may have normal residential utilities.

      (8)   No accessory buildings/structures, detached garages, RV buildings shall be constructed or placed on a lot until the construction of the principal building has been started.

         (a)   An accessory buildings/structures, detached garages, RV buildings may be built at the same time as the main structure but shall not be used until the main structure is completed and is being used.

         (b)   The contractor shall be permitted to place and use a temporary storage building for construction purpose.

   (B)   Accessory building/structures: a building or structure that is primarily used for storage or other secondary use on the property.

      (1)   (a)   All accessory buildings/structures on the property shall be a single story in height.

         (b)   The height is not to exceed the height of the main structures primary roof peak.

      (2)   These shall include, but not be limited to: storage, greenhouses, pool cabanas or equipment storage, and workshops.

      (3)   Any accessory building with an opening of ten feet wide or larger shall have paved flooring and shall have a paved surface leading to it as required by § 151.027 of this chapter.

   (C)   Detached garages.  A structure that is designed and intended primarily to park and shelter a motor vehicle.

      (1)   Can be located as close as five feet to the main dwelling.

      (2)   Shall have a solid/hard surface foundation floor.

      (3)   Shall have a paved flooring and shall have a paved surface leading to it as required by § 151.027 of this chapter.

      (4)   (a)   All detached garages on the property shall be a single story in height.

         (b)   The height is not to exceed the height of the main structures primary roof peak nor exceed the primary pitch of the roof of the primary structure.

      (5)   Shall have an exit door open to the yard.

   (D)   RV buildings.  An enclosed building that is designed and intended primarily to park and shelter an RV motorized vehicle or recreational trailer in excess of 20 feet in length, that has doors of a size capable of opening and admitting the RV vehicle/trailer.

      (1)   (a)   All RV buildings on the property shall be a single story in height.

         (b)   The height is not to exceed the height of the main structures primary roof peak nor exceed the primary pitch of the roof of the primary structure.

      (2)   Shall have a solid/hard surface foundation/floor.

      (3)   Shall have paved flooring and shall have a paved surface leading to it as required by § 151.027 of this chapter.

      (4)   Shall have an exit door open to the yard side.

   (E)   Exceptions and variances.

      (1)   Area, setback and height requirements may be granted relief upon approval of a special exception by the Zoning Board of Adjustment (ZBA).

      (2)   Denied permits can be appealed to the ZBA for a variance.

      (3)   By state law, for the approval of a variance by the ZBA, the applicant must demonstrate a hardship other than economic.

   (F)   Permits.

      (1)   No permit is required for the following:

         (a)   Children’s play structures of less than 100 square feet.

         (b)   Structures used for agricultural needs that are temporary and without a permanent foundation or used for shelter of animals.  However such structures shall be included in the 10% rule of division (A)(2)(a) of this section.

         (c)   Division (F)(1)(a) and (b) shall not be included in division (A)(1) of this section.

         (d)   Portable storage buildings/shed less than 100 square feet without a permanent foundation: this structure shall be included in the 10% rule of division (A)(2)(a) of this section.

      (2)   A permit shall be required for the following:

         (a)   Permitted structures will be included in the 10% rule of division (A)(2)(a) of this section.

         (b)   Portable storage buildings/shed that is 100 square feet or greater and has a floor area not exceeding 320 square feet.

            1.   If less than 168 square feet may be of commercial metal “kit” construction.

            2.   Must be properly secured to prevent overturning with a method acceptable to the building official.

         (c)   Structures with a permanent foundation of any size.

      (3)   Permit process.

         (a)   A town permit application must be completed and filed for review and approval.

         (b)   1.   The permit application shall include a plat copy and drawing indicating the location of the proposed structure, any easements, distance from side and rear property lines, distance from the main structure, spacing from other buildings, the total square footage of the land and the total of square footage of all other buildings behind the main structure, and distance to utility lines, sewer systems, and water wells.

            2.   Separation from utilities lines, sewer systems, and water wells shall be in accordance with other town ordinances.

         (c)   Plans of the proposed structure: two sets of plans are required and shall confirm with the currently adopted IBC.

            1.   Structures under 250 square feet:

               (i)   Plans can be hand drawn or computer generated showing the length, width and height dimensions of the floor/slab, the roof and the four walls elevations;

               (ii)   Show details of walls, roof and foundation construction; and

               (iii)   A description and list of the materials to be used.

            2.   Structures over 250 square feet.

               (i)   Plans can be hand drawn or computer generated showing the length, width and height dimensions of the floor/slab, the roof and the four walls elevations;

               (ii)   Show details of walls, roof and foundation construction; and

               (iii)   A description and list of the material to be used.

(Ord. 312, passed 6-22-2010; Ord. 339, passed 2-13-2014)

   (A)   Existing structures.

      (1)   This section shall not apply to any carports or RV shelters existing as of the effective date of this section except and unless substantial repairs or alterations are performed on same.

      (2)   SUBSTANTIAL shall mean work performed on more than 25% of the structure.

      (3)   If the 25% rule is exceeded the structure will require a new permit and the structure must meet all requirements of the current ordinance in effect at time of repairs.

   (B)   Building permits.

      (1)   In all sections of the town zoned R-1 or R-2, a building permit must be obtained before erecting a new or starting substantial repairs on a carport.

         (a)   A town permit application must be completed and filed for review and approval.

         (b)   The permit application shall include a plat copy and drawing indicating the location of the proposed structure, any easements, distance from side and rear property lines, distance from the main structure, spacing from other buildings, the total square footage of the land and the total of square footage of all other buildings behind the main structure, and distance to utility lines, sewer systems, and water wells.

         (c)   Plans of the proposed structure: two sets of plans are required and plans must meet any and all adopted building codes.

      (2)   A building permit issued for the construction or repair of a carport shall be effective for a period of six months.  An extension, not to exceed 60 days, may be granted for good cause by the Town Building Official, but only if it appears probable that work will be completed promptly.

      (3)   Any partially completed carport shall be deemed to be a substandard structure after the expiration of the building permit and shall be removed by the owner of the property within ten days from the date of notice given to the occupant or owner by the town.  If it is not removed within ten days, then the town may take steps to demolish and remove same and all cost thereof shall be billed to and paid by the owner.  If payment is not made within 30 days after the bill of costs is sent, then the town may take legal action to collect same as well as all costs, including attorney fees’ and administrative fees, and interest at the maximum rate allowed by law, and/or the town may cut off any utility furnished by the town until same is paid along with a reconnect fee for the utility.

   (C)   Standards.

      (1)   Carports within the town shall be permitted in all sections that are zoned R-1 or R-2, or the successor to those zoning districts.

      (2)   No portion of it may be located within 15 feet of the surveyed front, or rear surveyed property line or ten feet of a surveyed side property line.

      (3)   All carports that are erected behind the rear building line of the main dwelling shall be included in the 10% land usage rule.

         (a)   The total square footage of all accessory buildings/structures, detached garages, RV buildings and carports shall not exceed 10% of the total land behind the main dwelling.

         (b)   The total square footage will be determined by the space covered by the roof of the building.

         (c)   There will be a minimum spacing of 10 feet between all structures except for carports as provided in division (C)(6) below.

      (4)   It may have a flat roof or pitched roof:

         (a)   Flat roof.  The top of the roof may not exceed eight feet as measured from the finished parking surface.

         (b)   Pitched roof.

            1.   The opening may not exceed eight feet as measured from the finished parking surface.

            2.   The peak of the roof line shall not exceed 12 feet or be taller than the adjacent roof line of the main structure as measured from the finished parking surface, whichever is shorter.

      (5)   The structure, either wood or metal, that is less than one foot from the main structure shall be attached to the residence.

      (6)   It shall have paved flooring and shall have a paved surface leading to it as required by § 151.027 of this chapter.

      (7)   Separation from utilities lines, sewer systems, and water wells shall be in accordance with other town ordinances.

   (D)   Materials.

      (1)   It may be constructed of either wood or metal, but not corrugated metal.

      (2)   The exposed view of the horizontal and vertical members of the structure shall be painted the same color as the residence and trim.

      (3)   The carport shall have a perimeter edge that matches, in form or finish, or is similar to, the fascia edge of the residence.

   (E)   If an application for a permit to build a carport is denied because the proposed structure fails to meet the standards established in this section, then the applicant may appeal to the BOA for an exception to such standards.  The appeal shall be taken within 15 days time after the decision has been rendered, by filing with the Town Administrator a notice of appeal specifying the grounds thereof.  The Town Administrator shall forthwith transmit to the BOA all papers constituting the record upon which the action being appealed was taken.  The appeal or application shall be in such form and shall contain the information as the BOA may require under its rules of procedures.  Every application for an exception shall be accompanied by a filing fee in an amount sufficient to defray the actual cost of proceeding the application, including the cost of having a building official present at the appeal hearing to provide facts and information.  The application fee shall be established and amended by resolution of the City Council.

      (1)   Official written notice of the public hearing on every application for exceptions shall be sent to all owners of property, or persons rendering the same for taxes, and within 200 feet of the property made subject of the exception.  Any person may speak at the public hearing on the application.

      (2)   A hearing shall be conducted by the BOA on the application for an exception within 60 days from the date of appeal.

      (3)   Exceptions shall not be granted unless the BOA makes an affirmative finding to all the following requirements:

         (a)   That the literal enforcement of the standard and requirements will create an unnecessary hardship or practical difficulty in the development of the affected property, if the application concerns a new residential structure to be placed on the property;

         (b)   That the situation causing the hardship or difficulty is not self-imposed;

         (c)   That the relief sought will not injure or cause loss of market value to adjacent property; and

         (d)   That the granting of the variance will be in harmony with the spirit and purpose of these regulations.

      (4)   BOA shall make its decision on any application within 30 days from the time that the initial hearing is held or the application will be deemed to have been denied.

      (5)   In approving any request, the Board may designate the conditions including time limits, if appropriate, in connection therewith in order to secure substantially the objectives of the regulation or provision to which the variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in which the permit is granted.

         (a)   When necessary, the BOA may require guarantees, in the form as it deems proper, to ensure that conditions designated in connection with the exception are being or will be complied with.

         (b)   Upon approval of an application for a variance appeal, the applicant shall apply for a building permit within 60 days after the BOA’s decision unless a greater time is requested in the application and is authorized by the BOA.  Any approval may be granted one emergency extension of 60 days on written request filed with the BOA before expiration of the original approval.  Failure of the applicant to apply for the permit within the authorized time period shall void the right to secure the permit except upon the filing of a new application or appeal.

(Ord. 359, passed 2-13-2014)

      (2)   Temporary outdoor sales on properties zoned C by the existing occupants of existing businesses of such properties, may be permitted by the town enforcement officer for a period not to exceed 30 days upon the application and granting of a temporary use permit.

         (a)   In no event shall such temporary uses be allowed for more than 30 consecutive days or more than once per year. All sales shall meet the special conditions, if any, imposed by the town enforcement officer and/or Fire Marshal for the protection of public interest and the welfare of the community.

         (b)   No tent or similar structure shall be erected in any required setback or designated easement. Tents shall conform to the Uniform Fire Code and no tent shall be erected without first obtaining a permit.  No outside use of property for sales will be allowed except by the existing occupants of the property. This includes parking of vehicles for a purpose other than conducting business on the premises.

         (c)   The temporary outdoor sale of Christmas trees may be permitted on those properties zoned C for a period of 40 days prior to Christmas Day. The administrative official may issue a permit for such sale when it is found that there is available adequate off-street parking area, either improved or unimproved, as determined by the building official; and that location and layout of drives, parking areas, lighting, and sale signs will not constitute a hazard to public travel on the abutting public streets. Trees, stands, equipment, trash, signs, lighting and shelters shall be removed by the permit holder no later than January 4.

         (d)   Carnivals and circuses may be allowed as a temporary use for a period not exceeding  14 consecutive days. Such events shall be on a site in the C zoning districts. Adequate parking and sanitary facilities shall be made available to the satisfaction of the building official. No carnival or circus shall begin operation before 8:00 a.m. and operation shall cease before 11:00 p.m. on all nights except on Saturday when the event shall cease operation at midnight. The administrative official shall establish the terms and conditions for the temporary use at the time of approval. In the event that a sponsor is dissatisfied with the administrative official's decision, the sponsor may appeal the requested use to the Town Council.

      (1)   The event of activity is carried on for a period of time not exceeding three consecutive days;

      (2)   No retail sales are conducted except those incidental to the primary activity such as refreshment and souvenir sales. Charitable and nonprofit organizations may conduct retail sales for fund-raising purposes in any zoning district;

      (3)   Public assemblies carried on out-of-doors or in temporary shelters or tents.

      (1)   Brief description of the event;

      (2)   Exact location;

      (3)   Expected attendance;

      (4)   Anticipated number of automobiles and proposed methods of providing parking for the same;

      (5)   Location and construction of any temporary signs to be used in connection with the event;

      (6)   Exact dates of commencement and termination of the event;

      (7)   Signed certification by the responsible party and the record owner of the land that all information provided is true and correct and that all schedules will be strictly adhered to;

      (8)   A fee in accordance with the Town of Lakeside fee schedule.

(Ord. 312, passes 6-22-2010)

   Whenever any ordinance, regulation, or plan, enacted or adopted by the Town Council is for the purpose of providing off-street automobile parking spaces or of establishing requirements that such spaces be provided within any section or sections of the Town, then such plan or requirements shall govern within such sections. Otherwise off-street automobile parking spaces shall be provided as follows, applicable to buildings hereafter erected and uses hereafter established, to such nonconforming uses as may be required to conform to the regulations hereof, and to extensions and enlargements of buildings and uses.

 

 

 

      (1)   All areas of newly designed or newly constructed buildings and facilities required to be accessible under federal and state law shall comply with the standards set forth in the Texas Accessibility Standards of the Architectural Barriers Act.

      (2)   The dimensions of each "H" parking space shall be 12 feet wide and 18 feet long.

      (3)   Each and every "H" parking space required by this section of the parking regulations or by other applicable regulations shall be clearly identified as reserved for the handicapped.

      (4)   The number of "H" parking spaces required shall be determined by the following table:

 

      (1)   In the following cases all retail, office and service buildings shall provide and maintain off-street facilities for the loading and unloading of merchandise and goods within the building or on the lot adjacent to a public alley or private service drive to facilitate the movement of traffic on the public streets:

         (a)   When deliveries are made by truck more than once a day between the hours of 8:00 a.m. and 6:00 p.m.

         (b)   When the time of loading and unloading materials or goods exceeds ten minutes between those hours

      (2)   Individual loading space dimensions shall be required as a minimum to be 35 feet in length, 12 feet in width with a height clearance of 15 feet.

      (3)   The number of off-street loading spaces shall be placed according to the following table:

 

 

 

 

         (a)   Said area is a part of a gravel driveway bordered by concrete curbing or similar permanent border; and

         (b)   Said area is a part of a required hard-surface, all-weather driveway that provides access to a garage, carport or off-street parking area required by this chapter.

      (1)   The persons or entities conducting any such special event shall submit to the administrative official at least 45 business days prior to said event a plan for the accommodation and parking of vehicles of persons reasonably expected to attend such event. The plan must include, at a minimum, the following information:

         (a)   A description and the address of the premises where the event is to be held;

         (b)   A description and the address of any property, other than the premises described in division (a) above, where parking is to be provided for patrons or visitors to the event;

         (c)   The name and address of the owner of the premises upon which parking for the event is to be provided, and a statement describing the terms and conditions of the agreement whereby the owner of such premises has authorized their use for parking;

         (d)   The dates and times that the event is to be held;

         (e)   The measures which will be taken by the persons or entities conducting the special event to ensure safe and orderly traffic flow to and from the event site and any parking area;

         (f)   A plan or diagram of the proposed layout of the parking scheme upon the property to be used for parking for such event.

      (2)   All parking for any such special event shall be provided off-street and on an area and surface reasonably anticipated to be dry and safe for vehicular and pedestrian traffic. No public property or rights-of-way may be utilized or included in such parking areas except upon express, prior written permission by the Town Council.

      (3)   Subject to the above requirements, the surface of such parking areas need not be paved or otherwise surfaced as required by the other provisions of this subchapter for permanent parking areas, but it must be suitable for the type and amount of vehicular and pedestrian traffic reasonably anticipated for the special event at issue.

      (4)   Upon submittal of the required parking plan to the town, the administrative official shall review it and shall advise the applicants whether any changes or modifications to said plan will be required. The administrative official has the sole discretion to approve or reject, or require modifications to, any parking plan required hereunder. No vehicles may be parked in any location not otherwise allowed under other divisions of this section, in connection with any special event, unless and until the Town Council has issued a written approval of the parking plan of the special event.

      (5)   Such written permission may be revoked at any time by the Town Council if it is found that false or misleading information was contained in the proposed parking plan.

(Ord. 312, passed 6-22-2010)

         (a)   Off-sets shall be provided every 100 feet or less;

         (b)   Off-sets shall be designed to be located at lot line intersections;

         (c)   Off-sets shall be a minimum of three feet in depth and eight feet in length;

         (d)   Live plant materials shall be incorporated in the design of the off-sets;

         (e)   Off-set sections of the screening wall may be constructed of alternate non-masonry materials such as ornamental iron; and

         (f)   A five-foot perimeter screening wall and landscape easement shall be dedicated for the perimeter improvements.

         (a)   The construction of the screening wall is the responsibility of the multifamily property owner. However, if a single-family residential subdivision is being constructed adjacent to an existing multifamily use, with no screening wall in place, the construction responsibility will shift to the single-family residential developer/owner.

         (b)   A combination of masonry and wrought iron design may be considered if the non-masonry material does not exceed 40% of the surface of the screening wall. If using a combination of wrought iron and masonry, an evergreen shrub, achieving a six-foot height within one year of planting shall be planted on the interior side of the wrought iron portion of the wall.

         (a)   The construction of the screening wall is the responsibility of the commercial or industrial property owner. However, if a single-family residential subdivision or a multifamily residential use is being constructed adjacent to an existing commercial or industrial use with no screening wall in place, the construction responsibility will shift to the residential developer/owner.

         (b)   Screening requirement for institutional uses (schools and churches, etc.) in commercial zoning will be considered on a case-by-case basis.

         (a)   The construction of the screening wall is the responsibility of the mobile home park or subdivision property owner. However, if a single-family residential subdivision is being constructed adjacent to an existing manufactured housing park or subdivision with no screening wall in place, the construction responsibility will shift to the single-family residential developer/owner.

         (a)   Any portion of the storage yard adjacent to or fronting a street shall be screened with an eight-foot decorative fence.

         (b)   Materials and supplies may not be stacked higher than the height of the fence.

         (c)   Other portions of the storage yard not adjacent to or fronting a street may be fenced with a solid, opaque fence.

         (d)   This provision does not apply to display of goods for sale incidental to a retail use, plant nursery, sales and rental of motor vehicles, mobile homes, boats or trailers.

      (1)   On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 25 feet from the point of the intersection.

      (2)   On an interior lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede the vision or in any way create a traffic hazard to motorists entering or exiting any public highway, street, alley or private street or driveway from or to adjacent private property.

      (3)   No screening element shall be erected or placed which would interfere with the installation or maintenance of any public utility line, service or drainageway, within the easements reserved therefor.

      (4)   Garbage, refuse and trash collection and storage areas in non-residential districts shall be fully enclosed by a suitable screening element of not less than six feet in height.

      (5)   Electric fences are expressly prohibited in all districts except those where agricultural and related principal activities are permitted, provided such fences shall be plainly marked at appropriate intervals as to the nature thereof.

      (6)   Barbed wire fences used in conjunction with permitted agricultural uses and activities in the agricultural zoning district are permitted, provided the building official deems there is no safety hazard related issues associated with said fence. Barbed wire fencing is expressly prohibited in all other zoning districts.

      (7)   Razor wire fencing, or other similar material, is strictly prohibited in residential zoning districts. When used in other districts, razor wire fencing must be a minimum of eight feet in height.

      (1)   Screening elements and fences shall be restricted to a maximum height of six feet, measured from the adjacent grade line, except as otherwise allowed in this section. Fences may be permitted to be constructed to heights exceeding six feet by special exception as approved by the Zoning Board of Adjustment.

      (2)   Garbage, refuse and trash collection and storage areas in any multifamily development, mobile home development or other nonresidential use permitted in a residential district shall be fully enclosed on three sides by a dense screening element to adequately screen such area from view of the surrounding area.

      (3)   No screening element or fence shall be erected, placed or planted beyond the front or side street building line of any permitted building in a residential district, either on a corner lot or interior lot. Fences may be constructed to the street property line upon approval of a special exception by the Zoning Board of Adjustment. Fencing located on or behind the building line shall not exceed six feet in height.

      (4)   Fences may always be permitted on the side property lines of interior lots, provided drainage easements and other rights-of-way are not conflicting with the fence location.

      (5)   Wood panel fences shall be constructed such that the support rails are located on the inside of the lot and the panel is located on the outside of the lot, so as to present a "smooth side out" appearance to the fence. And shall be constructed with metal poles or masonry column.

      (6)   Chain link fences shall be permitted in residentially zoned districts.

(Ord. 312, passed 6-22-2010)

      (1)   Antenna facilities may be building attached, monopoles, or lattice towers.

      (2)   Up to three antenna facilities may be located on a lot of record, co-location is encouraged.

      (3)   An antenna facility, exclusive of the height of any antenna or mast, shall not exceed 35 feet in height. Provided, however, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of an accessory building in the zoning district regulations contained in § 151.025. Regardless of the above, the maximum height for a tower permitted without a special exception in any residential district shall be 65 feet.

      (4)   The height of an antenna, including the height of any antenna facility to which they may be fastened or attached shall not exceed 65 feet in height without a special exception.

      (5)   An antenna not fastened to an antenna facility shall not exceed 50 feet without a special exception, except for an antenna which does not extend more than eight feet above a building on which it is mounted.

      (6)   An antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer's designs and specifications for maximum wind load requirements.

         (a)   Antennas and antenna facilities shall not be permitted in front or side yards. Guy wires are not permitted in front yards;

         (b)   Guy wires are permitted in required side and rear yards;

         (c)   Setback for antenna facilities shall be the same as is required for accessory buildings in residential districts.

      (9)   Antenna facilities shall not be permitted in any easement.

      (13)   No part of an antenna facility or any attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility.

      (14)   No permit shall be issued for the installation of an antenna facility on a multi-family structure or property unless a notarized statement of permission from the owner is presented to the Building Department.

      (15)   All antenna facilities shall be subject to an inspection every five years by a qualified expert, such inspection to be conducted and charged for by the town in accordance with provisions in the Building Code.

      (16)   A special exception must be obtained in the residential zoning districts for any antenna facility which does not comply with the regulations specified hereinabove.

      (1)   Up to three antenna facilities may be located on a lot of record, co-location is encouraged.

      (2)   Antenna facilities shall be limited to building attached and monopoles only.

      (3)   An antenna facility, exclusive of the height of any attached antenna, shall not exceed 35 feet in height.  Provided, however, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of a accessory building in the zoning district regulations herein. Regardless of the above, the maximum height for an antenna facility permitted without a special exception in any nonresidential district shall be 65 feet.

      (4)   With the exception of stealth facilities, the height of an antenna, including the height of any antenna facility to which they may be fastened or attached, shall not exceed 65 feet in height without a special exception.

      (5)   With the exception of stealth facilities, an antenna shall not extend more than eight feet above a building on which it is attached.

      (6)   An antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer's designs and specifications for maximum wind load requirements.

      (8)   Antenna facilities shall not be permitted in any easement.

      (12)   No part of an antenna facility and antennas or any attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility.

      (13)   No permit shall be issued for the installation of an antenna or antenna facility on a multi-family structure or property unless a notarized statement of permission from the owner is presented to the Building Department.

      (14)   All antennas, or antenna facilities shall be subject to an inspection every five years by a qualified expert, such inspection to be conducted and charged for by the town in accordance with provisions in the Building Code.

      (15)   A specific use permit must be obtained in nonresidential zoning districts for any antenna or tower which does not comply with the regulations specified hereinabove.

      (1)   The satellite receive-only antenna is two meters or less in diameter and is located or proposed to be located in any area where commercial or industrial uses are generally permitted by non federal land use regulations; or

      (2)   The satellite receive-only antenna is less than one meter in diameter in any residential zoning district.

      (1)   Only one satellite receive-only antenna per lot of record;

      (2)   A satellite receive-only antenna shall not exceed ten feet in height;

      (5)   Satellite receive-only antennas shall not be permitted in easements;

      (9)   No part of a satellite receive-only antenna or any attachment thereto may extend beyond the property lines of the owner of such satellite receive-only antenna;

      (10)   No permit shall be issued for the installation of a satellite receive-only antenna on a multifamily structure or property unless a notarized statement of permission from the owner is presented to the Building Department;

      (11)   All satellite receive-only antennas shall be screened from view from adjoining properties by fencing or evergreen plants. A satellite receive-only antenna located within a fence surrounding the yard in which the satellite receive-only antenna is located shall be considered to be screened;

      (12)   A special exception must be obtained for any satellite receive only antenna which does not comply with the regulations specified hereinabove.

      (1)   The effect on the value of the surrounding property;

      (2)   The potential for interference with the enjoyment of the use of surrounding properties;

      (3)   Aesthetics;

      (4)   The necessity of the special exception for the public health, safety, and welfare of the citizens or for governmental purposes;

      (5)   The zoning district and the adjoining zoning districts of the property for which the special exception is sought;

      (6)   The provisions of 47 C.F.R. § 25.104 which preempt local zoning or other regulations that differentiate between satellite receive-only antennas and other types of antenna facilities unless such regulations:

         (a)   Have a clearly defined health, safety or aesthetic objective; and

         (b)   Further the stated health, safety, or aesthetic objective without unnecessarily burdening the federal interest in ensuring access to satellite services and in promoting fair and effective competition among competing communications service providers;

      (7)   The unique conditions that govern reasonable reception on any given lot;

      (8)   To properly evaluate all applications to locate commercial antennas or towers which do not comply with the regulations specified hereinabove the following information must be provided by the applicant:

         (a)   Describe the nature of the antenna site. Indicate whether the proposed structure is a monopole or mounted to a self-supporting structure. Indicate the proposed height.

         (b)   Provide photos or drawings of all equipment, structures and antenna.

         (c)   Describe why the antenna or tower is necessary.

         (d)   State the name(s) of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user.

         (e)   Indicate if this antenna or tower site is to be connected to other sites; and if so, describe how it will be connected and who will be the back haul provider.

         (f)   The applicant must address whether or not they have made an effort to co-locate the facilities proposed for this antenna or tower on existing towers or facilities in the same general area. Please identify the location of these existing sites. If yes, please describe in detail these efforts and explain in detail why these existing sites were not feasible. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage. Provide written documentation from existing sites owners and/or operators which confirm the statements provided. Indicate whether or not the existing sites allow/promote co-location and, if not, describe why not.

         (g)   Indicate whether or not co-location will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis for each reason.

         (h)   If the requested location is in a residential district the applicant must address whether or not they have made an effort to locate the facility in a commercial or industrial district. Please identify the location of these commercial and or industrial district sites. Please describe in detail these efforts and explain in detail why these commercial or industrial district sites were not feasible. Attach all studies or tests performed which demonstrate why the commercial or industrial sites will not provide sufficient signal coverage. Provide written documentation from commercial or industrial district sites' owners and/or operators which confirm the statements provided.

         (i)   Indicate the proposed provider's current coverage area for the town. Attach maps showing the areas the proposed provider's existing antenna currently cover, the areas the applicant's existing sites and other existing sites would cover, and the areas the applicant's existing sites and the requested site would cover.

         (j)   Describe the applicant's master antenna and tower plan for the town. Attach maps and other related documentation. Provide information indicating each phase of the plan.

         (k)   Describe the applicant's plan to minimize the number of telecommunications antennas and towers needed to cover the town.

         (l)   The Town Council will approve a requested application subject to the finding that co-location of this facility with a nearby existing tower facility is technically not feasible and subject to the following conditions:

            1.   Applicant will permit co-location of others at the site;

            2.   Applicant will configure its antenna and other equipment to accommodate other providers;

            3.   Applicant will identify its backhaul provider connecting antenna sites; and

            4.   Applicant will give notice to the town identifying any providers who co-locates to the site and identify their backhaul provider.

(Ord. 312, passed 6-22-2010)

      (1)   Lots and uses of land;

      (2)   Buildings and structures;

      (3)   Uses of land and buildings in combination; and

      (4)   Characteristics of use which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these non-conformities to continue under regulations contained herein until they are removed, but not to encourage their survival. It is further the intent of this chapter that such non-conformities shall not be enlarged upon, expanded or extended, nor be used as ground for adding other buildings and structures or uses prohibited elsewhere in the same district.

      (1)   The use, lot, or structure was in existence and lawfully operating on the date of the passage of this chapter, and has since been in regular and continuous use; or

      (2)   The use, lot, or structure is lawful at the time of the adoption of any amendment to this  chapter but because of the amendment, no longer complies with applicable regulations; or

      (3)   The use, lot, or structure was in existence at the time of annexation to the town and has since been in regular and continuous use.

      (1)   No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.

      (2)   No such non-conforming use shall be moved, in whole or in part, to any portion of the same lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this chapter.

      (3)   If any such nonconforming use of land is deemed to be abandoned for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

      (1)   No such non-conforming building may be enlarged or altered in a way which increases its non-conformity, but any building or portion thereof may be altered to decrease its non-conformity or to comply with town building codes.

      (2)   Should such non-conforming building or non-conforming portion of a building be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter, or when approved by the Zoning Board of Adjustment, after public hearing thereon, when the Board's findings, having due regard for the property rights of persons affected, were considered in the light of public welfare and the character of the area surrounding the non-conforming building and the conservation and protection of property.

      (3)   Should such building be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

      (1)   No existing building devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the building to a use permitted in the district in which it is located, or to comply with town building codes.

      (2)   Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

      (3)   If no structural alterations are made, except as required by the town's building codes, any non-conforming use of a building, or building and premises, may be changed to another non-conforming use provided that the Zoning Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Zoning Board of Adjustment may require appropriate conditions and safeguards in accord with the provisions of this chapter.

      (4)   Any building in which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

      (5)   When a non-conforming use of a building is discontinued or abandoned for six consecutive months, the building shall not thereafter be used except in conformity with the regulations of the district in which it is located.

      (7)   Where non-conforming use status applies to a conforming building, such use shall be immediately terminated upon transfer to another ownership or lease.

      (1)   On any non-conforming building or portion of a building containing a non-conforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 50% of the current replacement cost of the non-conforming building or non-conforming portion of the building, as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased.

      (2)   If a non-conforming building or portion of a building containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized town official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

      (3)   Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

      (1)   It has been replaced with a conforming use; or

      (2)   Such building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six months, or the equipment and furnishings of the non-conforming use have been removed from the premises and have not been replaced within such six month period; or

      (3)   The intention of the owner to permanently discontinue the use is apparent.

(Ord. 312, passed 6-22-2010)

      (1)   A layout of the proposed fixture locations;

      (2)   The light source;

      (3)   The luminous area for each proposed light source with proposed foot candle measurements;

      (4)   The type and height of the light fixture or of the light source above grade.

      (5)   The type of illumination.

      (1)   Unless otherwise provided herein, illumination, where required by this chapter, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as from time to time amended.

      (2)   Unless otherwise provided herein, all building lighting for security or aesthetics will be fully-shielded type, not allowing any upward distribution of light. Wallpack type fixtures are acceptable only if they are fully-shielded with 80° cut-off.

      (4)   Shielding shall be required in all outdoor lighting installations as specified below.

 

 

 

 

      (1)   All non-essential lighting shall be turned off after business hours, leaving only necessary lighting for non-residential districts site security.

      (2)   Floodlights, accent, aesthetic and security lights must be fully shielded and no up-lighting shall be permitted except that lighting of 75 watts or less are excepted if necessary for security purposes.

      (3)   Parking lots and vehicle movement areas shall not exceed a maximum illumination value of ten foot-candles nor a minimum illumination value of 1.0 foot-candles. Lamps in decorative lantern type fixtures shall not exceed a maximum of 100 watts. Total pole and fixture height shall not exceed a maximum of 32 feet, measured from grade at the base. Taller poles may be considered in some situations upon approval of a special exception by the Zoning Board of Adjustment.

      (4)   Display, building and aesthetic lighting must be externally lit from the top and shine downward. The lighting must be fully-shielded to prevent direct glare and/or light trespass. The lighting must also be substantially contained to the target area.

      (1)   Any illumination level exceeding a maximum of twenty foot-candles must receive prior approval by the Zoning Board of Adjustment by means of a special exception.

      (2)   All fixtures used for event lighting shall be fully shielded, or be designed or provided with sharp cut-off capability, so as to minimize up-light, spill-light, and glare.

      (3)   All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented concluding before 11:00 p.m.

      (4)   Up-lighting of display, building and aesthetic lighting is prohibited.

      (1)   All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular luminaries.

      (2)   All hazard warning luminaries required by federal regulatory agencies are exempt from the requirements of this section, except that all luminaries used must be red and must be shown to be as close as possible to the federally required minimum lumen output requirement for the specific task.

      (3)   Any luminare of 75 watts or less provided the accumulated illumination of 50 watt luminaries does not exceed 75 watts.

      (4)   Seasonal decorative lighting.

      (5)   Up-lighting of any Town of Lakeside, State of Texas or United States of America flag.

      (1)   Upon approval by the administrative official, temporary exemptions from the requirements of this chapter for a period not to exceed 30 days may be approved.

      (2)   Any person may submit a written request, on a form prepared by the town for a temporary exemption request. The request shall contain the following information:

         (a)   Specific exemption(s) requested;

         (b)   Type/use of outdoor lighting fixture involved;

         (c)   Duration of time requested;

         (d)   Type of lamp and calculated foot-candles;

         (e)   Total wattage of lamp(s);

         (f)   Proposed location of fixtures;

         (g)   Previous temporary exemption requests;

         (h)   Physical side of fixtures and type of shielding provided; and

         (i)   Such other data or information as may be required by the Town Manager or his or her designee.

         (j)   Requests for renewal of exemptions shall be processed in the same way as the original request. Each renewal shall be valid for not more than 14 days or a time period designated by the administrative official.

      (3)   Approval for temporary exemptions will be based on the effect of location and use of outdoor lighting fixture.

(Ord. 312, passed 6-22-2010)

      (1)   Cargo containers in residential districts may be permitted for a period of 30 days. The 30-period may be extended for an additional 30 upon approval of a special exception.

      (2)   Cargo containers located in any zoning district permitting multi-family dwellings must be located in an area designated for storage use.

      (3)   Only one cargo container shall be permitted on any site in the R1, R2, and MH Districts.

      (4)   Cargo containers located in the R1, R2, MF, and MH Districts shall not exceed 16 feet in length, eight feet in width, and eight-and-one-half feet in height.

      (5)   Cargo containers shall be permitted in the MF District by specific use permit only and shall not exceed two cargo containers on any site at any time. All other applicable regulations contained herein shall apply.

      (1)   Cargo containers shall be permitted in the C zoning district by specific use permit only.

      (2)   Cargo containers shall not be stacked.

      (3)   Cargo containers shall not occupy any required off-street parking spaces, vehicular access, pedestrian facilities or landscape areas for the site.

      (4)   Cargo containers shall not be located between a building and front property line.

      (5)   Cargo containers shall be placed in a location that minimizes visual impact from surrounding streets and properties. For any site containing more than four cargo containers, a location plan shall be submitted and approved by the Town Administrator or his or her designee prior to locating the cargo containers on site. At such time all cargo containers shall be subject to the location plan.

      (6)   Any cargo container located within 100 feet of a residential zoning district shall be no greater in size than ten feet in width, 20 feet in depth, and eight-and-a-half  feet in height and no cargo container may be stacked within 100 feet of a residential district.

      (7)   Cargo container shall not be used for a primary use without obtaining a special use permit. Such special use permit shall be accompanied with a detailed site plan of the entire site and must be approved by the Town Council upon recommendation by the Planning and Zoning Commission.

      (8)   Cargo containers shall be placed upon a dust-free, all weather surface as approved by the Town Administrator or his or her designee.

      (9)   Cargo containers located in any non-residential zoning district shall not exceed a size of ten feet in height, ten feet in width, and 30 feet in length, unless approved by the Town Council upon recommendation of the Planning and Zoning Commission.

      (10)   Areas utilized by cargo containers shall be included in the square foot requirement as a storage use and shall be applicable to the required parking calculations as set forth in § 151.028.

      (11)   The quantity of cargo containers located in the C zoning district, shall be determined by the total aggregate square footage of principal buildings according to the following rate:

 

(Ord. 312, passed 6-22-2010)