Littlefield City Zoning Code
ARTICLE 15
RULES OF CONSTRUCTION AND DEVELOPMENT, OPERATIONAL REQUIREMENTS RELATED TO CONSTRUCTION/PERMITTED USES
§ 15.01 Rules of Construction Related to all Sections of the Zoning Ordinance.
1.
Meanings and Intent.
All provisions, terms, phrases and expressions contained in this Zoning Ordinance shall be construed in accordance with the Ordinance’s stated purposes.
2.
Text.
In case of any difference of meaning or implication between the text of this Zoning Ordinance and any drawing, figure or illustration, the text shall control.
3.
Computation of Time.
The time period within which an act is to be carried out shall be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or a legal holiday, that day shall be excluded. Time-related words shall have the meanings ascribed below:
4.
Delegation of Authority.
Whenever a provision appears requiring a department head or some other officer or employee to perform an act or duty, it shall be construed as authorizing that department head or other officer to delegate responsibility for performing the required act to other city employees, unless the provision specifies otherwise.
5.
Technical and Nontechnical Words.
Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a specific meaning in law shall be construed and understood according to such meaning.
6.
Public Officials, Bodies and Agencies.
All public officials, bodies and agencies to which reference is made are those of the City of Littlefield, Texas, unless otherwise indicated.
7.
Mandatory and Discretionary Terms.
The word “shall” is always mandatory. The word “may” is permissive.
9.
Tense, Numbers and Gender.
[sic]
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.02 Measurements.
2.
Fence Height.
At every point along the run of a fence, the average distance between the top of the fence and the immediately adjacent ground surface on the two sides of the fence.
3.
Floor Area.
a.
The floor area (or gross floor area) of a building is the sum of the gross horizontal areas of the several floors of the building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two adjacent buildings on separate lots. In particular, the floor area of a building shall include basement space, elevator shafts and stairwells at each floor; floor space used for mechanical equipment; penthouses, attic space (whether or not a floor has actually been laid) providing structural headroom of 7 feet, 6 inches or more; interior balconies and mezzanines; enclosed porches; and accessory uses.
b.
Floor area for the purpose of computing off-street parking requirements for various retail trade activities shall mean the gross floor area used or intended to be used for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not mean floors or parts of floors used principally for non-public purposes, such as the storage, incidental repair, processing or packaging of merchandise, for show windows, or for offices incidental to management or maintenance. Fitting rooms, dressing rooms and alteration rooms shall also be excluded from the definition of floor area for the purpose of computing off-street parking requirements for various retail trade activities.
c.
The floor area ratio of a building is the gross floor area of the building divided by the total area of the lot on which it is constructed or proposed.
4.
Height.
The height of a building or portion of a building shall be measured from the average established grade at the street lot line or from the average natural ground level, if higher or where no street grade has been established, to the following point:
a.
Flat Roof - the highest point of the surface of the roof;
b.
Mansard Roof - to the roof deck line;
c.
Hip or Gable Roof - to the mean height between eaves and ridge.
d.
[Reserved]
e.
The following structures shall be excluded when measuring the height of a building: chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio or television towers, satellite dish antennas, ornamental cupolas, domes or spires, and parapet walls not exceeding four feet in height.
5.
Lot Area.
The total horizontal area within the lines of a lot.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.03 Lot Lines.
a.
Front Lot Line.
For an interior lot or through lot, a front lot line is the street line. On a corner lot, the front lot line shall be any street line on which an immediate adjoining lot has a front boundary. A single lot may be required to have multiple front lot lines, for the purpose of this Zoning Ordinance. For one lot occupying an entire city block, the front lot line shall at a minimum include any boundary of that block which aligns with and/or lies across a street from any boundary of an adjoining block on which there are front lot lines.
b.
Rear Lot Line.
Any lot line that is parallel to the front lot line or within 45 degrees of being parallel to the front lot line. A rear lot line shall also include any lot lines on an offset to a through lot that constitute the rear lot line of an adjacent lot.
c.
Side Lot Line.
A side lot line is any lot line which is not a front lot line or a rear lot line.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.04 Seats, Story Definition and Yard Exceptions.
1.
Seats.
The seating capacity of a particular building. In the event individual seats are not provided, each 20 inches of benches or similar seating accommodations shall be considered as one seat for the purpose of this Zoning Ordinance.
2.
Story.
a.
That portion of a building included between the upper surface of any floor and the upper surface of the floor immediately above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
b.
If the finished floor level directly above a basement is more than 6 feet above the level of the immediately adjacent ground surface, such basement shall be considered a story.
c.
A floor level having a height of not more than 7 feet 6 inches covering a floor area of not more than 75 percent of the area of the floor of the story below is considered a half-story.
3.
Yard Exceptions.
Every part of any required yard shall be open and unobstructed, except for the following:
a.
Ordinary projection of windowsills, belt courses and other ornamental features projecting a distance not to exceed 12 inches.
b.
Projection of chimneys and flues for a distance not to exceed 3-1/2 feet into required front and rear yards.
c.
Eaves and awnings on main residential buildings which project a distance of no more than two feet into required yards.
d.
Open or lattice-enclosed fire escapes and fireproof outside stairs, as well as balconies opening onto them, which may project into required rear yards a distance not to exceed 3-1/2 feet.
e.
Open carports allowed to extend into required front and side yards as set forth in Section 15.10[.]
f.
Open and unenclosed porches covered by a roof (but being unencumbered by walls, glazing or rigid screening of any kind) may project into required front or rear yards for a distance not to exceed 6 feet, provided that no supporting structure for such extensions shall be located within the required front or rear yard.
g.
Uncovered porches, decks and platforms that do not extend more than three feet above ground level may project into required rear yards and into required side yards, so long as such projections do not extend within less than two feet of any side lot line.
Detached accessory buildings may be built in required side and rear yards. |
An attached garage shall be considered an integral part of the principal building, and all required minimum yards shall be maintained from the outside corners of said garage. A detached garage or other accessory structure shall meet the requirements for accessory buildings. |
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.05 Residential District Standards.
Except as specifically provided elsewhere in this Zoning Ordinance, dwelling height and building density shall be not more than, and yards and lot size shall not be less than are specified in the Table below for the type of use in the district in which such use is located.
1.
Residential District Regulations.
Development in residential districts shall conform to the following regulations[:]
Development Standard | |||||
|---|---|---|---|---|---|
SF-1 | SF-2 | MF | MH-1 | MH-2 | |
Minimum Lot Area (sq. ft.) | |||||
Single-Family Unit | 7,500 | 6,600 | 9,000 | ||
Two-Family Unit (duplex) | 7,500 | ||||
Garden Home Unit | 5,500 | ||||
Multifamily Project | 7,000 | ||||
Manufactured Home | 5,000 | 8 per acre | |||
Minimum Lot Dimensions (feet in width x feet in depth) | |||||
Single-Family Unit | 75 x 100 | 60 x 110 | |||
Two-Family Unit (duplex) | 75 x 100 | ||||
Garden Home Unit | 55 x 100 | 90 x 100 | |||
Multifamily Project | |||||
Manufactured Home | 55 x 1001 | 50 x 100 | Section 15.25 | ||
Minimum Front Yard (feet) | 20 | 20 | 20 | 15 | Section 15.25 |
Garden Homes Note (2) | See Note 2 | ||||
Minimum Side Yard (feet) | |||||
One Side Yard (minimum) | 5 | 5 | 10 | 5 | Section 15.25 |
The Other Side Yard (minimum) | 5 | 5 | 10 | 5 | |
Corner Lot - Side Yard to Street (see note 5) | 15 | 10 | 10 | 10 | |
Minimum Rear Yard (feet) | 20 | 20 | 10 | 10 | |
Garden Homes Note 4 | See Note 4 | ||||
Maximum Floor Area Ratio | .20 | .40 | .60 | .60 | Section 15.25 |
Maximum Height (feet) | 35 | 35 | 35 | 35 | |
Maximum Stories | 2-1/2 | 2-1/2 | 2-1/2 | 2-1/2 | |
1 Allowed only south of Loop 430. | |
NOTES: | |
(1) | Additional lot area may be required in circumstances where disposal of septic wastewater will be discharged through on-site waste treatment facilities (including septic systems) in order to meet the requirements of the City’s Code of Ordinances or state regulations. |
(2) | Single-family and two-family units require a minimum 20-foot front yard; multifamily residential structures require a minimum 20-foot front yard; zero lot line and garden home units require a minimum 15-foot front yard, except on arterial streets, where the minimum front yard shall be 20 feet. |
(3) | Single-family and two-family units generally require a minimum 5-foot side yard on both sides; multifamily dwelling units or group homes require a minimum 10-foot side yard on both sides; |
(4) | Single-family units and two-family units require a minimum 20-foot rear yard; zero lot line garden home units require a minimum 15-foot rear yard. Multifamily residential structures require a minimum 20-foot rear yard. |
(5) | In all residential zones, on corner lots the minimum side yard adjacent to the street shall be ten (10) feet. Provided further, that in no case, shall a garage fronting onto a street be within twenty (20) feet of the front of the curb. |
(6) | Yard Requirements along District Boundaries. Whenever a block face is intersected by a district boundary, all lots fronting on that block face shall conform to the minimum front yard requirements of the most restrictive district found on that block face. |
(7) | |
(8) | Yard Determination by City Manager. Where a lot does not conform to typical lot and block configuration, the City Manager shall determine which lot lines shall be considered front, side and rear lot lines. In making this determination, the City Manager shall take into consideration the pattern of adjacent lots, as well as the frontage of lots across an intervening street. Building orientation or address shall not determine yard requirements. |
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.06 Additional Standards for Zero Lot Line Dwellings.
Development of a zero lot line dwelling shall occur only in the SF-2 District on a lot that has been specifically platted in accordance with the provisions of the Littlefield Subdivision Ordinance to accommodate such a use.
Zero Lot Line or Garden Homes are intended to provide opportunities for medium density residential development using the garden home, and zero lot line concepts to incorporate (1) more efficient use of land than typical single-family development, making needed housing more affordable; (2) design of dwellings that integrate and relate internal/external living areas resulting in more pleasant and enjoyable housing; and (3) placement of dwellings against the property line, permitting outdoor space to be grouped and utilized to its maximum benefit. Regardless of any provisions in this ordinance to the contrary, garden homes shall comply with the following:
Zero lot lines are those lines situated so that one side wall or roof line of a structure can be located on the side lot boundary without any setback required[.]
Only one Zero Lot Line home will be allowed per lot.
Minimum lot size for Garden Homes in the SF-2 District shall be 5,500 square feet.
The minimum front yard shall be fifteen feet with the front of the garage being set back twenty (20) feet.
The minimum rear yard shall be five (5) feet for a single-story structure and fifteen (15) for any two-story structure.
There shall be at least ten (10) feet of separation between structures. Five (5) feet of the lot adjacent to the zero setback will be deducted as an access easement for construction and repair of the adjacent zero setback structure. The roof line of any structure will be allowed to overhang the access easement of the adjacent property.
The combined lot coverage of all structures shall not exceed sixty-five percent of the lot area. Trellises and open porches shall not be included in the combined area.
No structure shall exceed two stories or thirty-five (35) feet in height.
No doors or windows shall be located on any wall located on a Zero Lot Line, except that windows shall be allowed on a Zero Lot Line adjacent to a street.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.07 Additional Standards for Front and Side Yards.
Where on the effective date of this ordinance 35% or more of a block face between intersecting streets is developed with buildings which have observed, with a variation of five feet or less, a front yard greater or lesser than required by this Section, new buildings shall not be erected closer to the street right-of-way than the building line so established by those existing buildings. This regulation shall not be interpreted as requiring a minimum front yard of more than 50 feet.
For all uses in residential districts and for residential uses in any district, on a corner lot where another lot abutting the rear of that corner fronts onto a side street, there shall be a front yard required on all street side boundaries of that corner lot. The minimum front yard required along street side boundaries (of such corner lots) shall be equal to that minimally required on the interior lot which immediately adjoins each respective required front yard on the corner lot. For the purpose of this subsection, any separation by an alley, utility-owned right-of-way, watercourse or other drainage feature with a minimum width of 10 feet shall cause nearby lots to not be abutting.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.08 Bed and Breakfast in a Residential District.
A Bed and Breakfast may be allowed as a Specific Use in residential zoning districts where transient lodging is not ordinarily allowed, subject to the following standards:
a.
The operator of the Bed and Breakfast is a full-time resident of the dwelling in which the Bed and Breakfast establishment is housed.
b.
No more than one person who is not a full-time resident of the dwelling shall be employed by the Bed and Breakfast establishment.
c.
A minimum of two off-street parking spaces, plus one additional space per guest room, shall be provided on the same lot or tract of land as the Bed and Breakfast establishment.
d.
A maximum of four guest rooms shall be provided in any one Bed and Breakfast establishment.
e.
No exterior evidence of the Bed and Breakfast shall be allowed, except for one attached sign no larger than twelve square feet.
f.
No food preparation, except beverages, is allowed within individual guest rooms. Meal service shall be provided to overnight guests only.
g.
Preparation and service of food for guests shall conform to all applicable regulations of the State of Texas and the City of Littlefield.
h.
The resident operator shall keep a current guest register including names, permanent addresses, dates of occupancy and motor vehicle license numbers for all guests.
i.
In approving a special use allowing any Bed and Breakfast in SF-1 zoning district, City Council shall make a finding that the subject site shall be located in a transitional area. For the purpose of this paragraph, a transitional area shall be:
i.
An area situated between land uses of different intensity and compatibility, and which is impacted by its proximity to one or more such uses; or
ii.
An area situated on the boundary of a residential district adjacent to a more intensive zoning classification; or
iii.
An area situated adjacent to an arterial street.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.09 Child Care in Residential Districts.
The care of not more than 6 children under the age of 14 years during any one calendar day (excluding the caregiver’s own children), and the care of an additional 6 elementary school age children during non-school hours only, so long as the total number of children (including a caregiver’s own minor children) does not exceed a maximum of 12 at any given time. In appropriate circumstances following a hearing the Zoning Board of Adjustment may allow for the keeping of more than 12 children, so long as such variance does not adversely affect the residential character of the neighborhood. Such a review shall follow the procedures for the granting of variances generally.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.10 Carports in Required Yards.
The supporting structure of an open carport shall not be located within required front or side yards, except as set forth in this Section. Carports in required yards may be approved as an administrative adjustment in accordance with the provisions of Section 8.01 provided the standards of the following subsections 1, 2 and 3 are met.
1.
Location.
a.
There is no other practical location on the subject property for a carport that would meet the minimum yard requirements established for the particular zoning district in which the subject lot is located.
b.
In order to allow a carport to encroach within the required front yard, a previously constructed carport located within a required front yard must exist on a lot on the same or opposing block face.
c.
The proposed carport must be compatible with the neighborhood and will not negatively affect other nearby properties.
2.
Construction.
Construction of a carport in a required yard shall conform to all of the following criteria:
a.
The front face of the roof shall be set back at least 10 feet from the front property line, and shall be separated by at least 15 feet from the back of the street curb (or edge of the street pavement if a curb does not exist).
b.
The roof edge and vertical structural supports for any carport shall not be located closer than two feet to the side property line.
c.
A minimum of 7-1/2 feet from the finished floor level of any carport situated within the minimum front or side yard required on the lot shall be open and unencumbered by any walls, screening or glazing on the sides or front of the structure, except as may be necessary for vertical structural supports which shall be no greater than 12 inches in width or diameter, or unless the carport borders the side wall of the house, in which case that one side of the carport may be enclosed by the wall of the house.
d.
No more than 20 percent of the minimum front yard area required on a lot shall be covered by the roof on a carport allowed by this Section.
3.
Continuing Compliance.
Any carport authorized in accordance with this Section to extend into minimum required front or side yards shall be subject to continuing compliance with the following requirements.
a.
The minimum clearance required on the sides of any such carport (along that portion which extends into required yards) shall continually remain open and unencumbered by any walls, screening or glazing.
b.
The area underneath any such carport shall continually remain clear of any junk, household trash, yard trash, debris or any and all other objectionable unsightly matter, as generally required by the ordinances of the City of Littlefield.
4.
Existing Carports.
Existing carports which encroach into minimum front or side yards required by this Zoning Ordinance shall be exempted from the requirements of this Zoning Ordinance intended to prevent the installation of carports within minimum front or side yards, subject to each such carport’s compliance with all the following conditions.
a.
The carport was legally constructed at that location prior to July 1, 2005.
b.
The carport does not encroach into the public right-of-way, into an easement specifically designated to be open or unencumbered by buildings, or onto an adjacent lot.
c.
The carport is set back a minimum of 5 feet from the back of a curb bordering pavement in an adjoining street right-of-way or, if a curb does not exist, from the edge of pavement in that adjoining street right-of-way.
d.
The carport is structurally sound, in the opinion of the Building Official.
e.
The carport is substantially open and unencumbered by side walls, screening or glazing in any of the minimum front or side yards required by this Zoning Ordinance.
f.
The area underneath any such carport is and remains continually clear of any junk, household trash, yard trash, debris or any and all other objectionable matter.
g.
The carport is accessory to a principal building located on the same lot as that carport, regardless of whether that carport is attached to or detached from the principal building.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.11 Carports Considered Legally Nonconforming.
a.
Existing carports which encroach into minimum required front or side yards and which were installed before enactment of minimum yard requirements shall be considered legally nonconforming.
b.
Any existing carports which encroach into minimum front or side yards required by this Zoning Ordinance and which were authorized in accordance with a variance or special exception duly approved by the Zoning Board of Adjustment shall also be considered legally nonconforming.
c.
In no case shall this Section be construed to legitimize any carport encroaching into a public right-of-way, into an easement specifically designated to be open or unencumbered by buildings, or onto an adjacent lot.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.12 Accessory Uses and Structures.
Principal uses classified as allowed uses by the district regulations of this Zoning Ordinance shall be deemed to include accessory uses and activities that are customarily associated with, as well as appropriate, incidental and subordinate to allowed principal uses. Accessory uses and activities shall be subject to the same regulations as principal uses unless otherwise expressly stated.
1.
Accessory Buildings or Structures.
a.
Setbacks.
An accessory building may be detached from the principal building, or constructed such that it is physically attached to the principal building.
b.
An accessory building attached to a principal building, or located within 10 feet of a principal building, shall be considered integral to the principal building, and shall meet the same minimum side and rear setback requirements as the principal building.
c.
Except for those carports allowed in Section [Section 15.10], no accessory building, either attached or detached, shall be allowed within the minimum front yard required on the lot.
d.
An accessory building that is detached from the principal building, or attached with only a breezeway, shall be allowed to extend into the required side or rear yard as follows:
i.
Where the wall or edge of the roof will adjoin a street or alley right-of-way, five (5) foot setback shall be required; and
ii.
Where the wall or edge of the roof will adjoin any other side or rear lot line, a minimum setback of five (5) feet from that side or rear lot line shall be maintained.
Size. A maximum accessory building floor area of 600 square feet or 50 percent of the floor area of the principal building, whichever is greater, shall be permitted on any residential lot so long as the area restrictions in the district are not violated. Bona fide farm and agricultural buildings shall be exempt from this requirement.
Prohibited Structures. Shipping crates, railroad cars, truck or bus bodies and other similar containers shall not be used as accessory buildings in any residential district.
2.
Satellite Dish Antennas in Nonresidential Districts.
Satellite dish antennas in nonresidential districts shall meet the following conditions for installation.
a.
All permanent installations shall be installed according to the manufacturer’s requirements and shall meet appropriate building setbacks.
b.
All antennas, whether for sales and service or for permanent installation, shall be located in a manner that will not interfere with pedestrian or vehicular movement, shall not be a visual obstruction to traffic, and will not eliminate off-street parking spaces required by this Zoning Ordinance.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.13 Nuisance.
Residential, Commercial or Industrial Areas.
a.
Creating, causing, allowing, fostering, promoting, or maintaining a Nuisance, as defined in this ordinance, is prohibited and constitutes an offense. Any peace officer may enforce an observed violation as in the case of any other Class C misdemeanor. The City Manager or designee is authorized to issue notice of violation letter for an observed violation, and [if] the nuisance is not abated within 15 days then request a complaint in the municipal court got [sic] the offense. The remedies stated in this section are cumulative of other Nuisance enforcement, abatement, remedies, and procedures provided by other law.
b.
No sign or lighting permitted under these regulations shall be authorized whereby such sign or lighting by reason of placement, lack of shielding, noise generation or character of operation would itself be a form of Nuisance. Specifically:
1.
The source of lighting shall not be directly visible from the adjacent residential property and light shall be shielded to prevent such exposure;
2.
The noise level of signs and lighting fixtures, when measured within the adjacent dwelling unit, shall not be greater than the noise levels of equipment customarily in operation in the home including air conditioning and kitchen refrigerators.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.14 Nonresidential, District Standards.
The following standards are established for new and existing developments regarding maximum height, lot size and minimum yards:
Standard | C-1 | C-2 | M-1 | M-2 |
|---|---|---|---|---|
Maximum Height (ft.) | 35 | – | – | – |
Minimum Lot Area (sq. ft.) | 6,000 | 6,000 | 6,000 | 6,000 |
Minimum Lot Width (ft.) | 50 | 50 | 50 | 50 |
Minimum Lot Depth (ft.) | 80 | 80 | 80 | 80 |
Minimum Front Yard (ft.) | 25 | 25 | 25 | 25 |
Minimum Side/Rear Yard (ft.) | 10 | 10 | 10 | 10 |
NOTE: For the purpose of this Section, separation by an alley, utility-owned right-of-way, watercourse or other drainage feature with a minimum width of 10 feet shall not be considered abutting. |
Determination of Yard Requirements. Where a lot does not conform to the typical lot and block configuration, the City Manager shall determine which lot lines shall be considered front, side and rear lot lines. In making this determination, the City Manager shall take into account consideration of the pattern of adjacent lots, as well as frontage of lots across any intervening street. Addresses assigned to existing buildings shall not determine yard requirements.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.15 Multiple Principal Buildings or Uses.
1.
Residential.
Only one principal building for single-family or two-family residential use shall be located upon a lot in a residential zoning district.
2.
Nonresidential.
More than one principal nonresidential building may be located on a lot, subject to the following requirements:
a.
The principal buildings shall conform to all of the open space, parking and density requirements applicable to the district where they are located.
b.
The City Manager shall review such projects to ensure an appropriate arrangement of buildings is proposed. Such review shall be subject to appeal to the Zoning Board of Adjustment.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.16 Outdoor Storage and Displays in Nonresidential Districts.
Outdoor storage and display shall be allowed in any nonresidential district in accordance with this Section. Any merchandise, material or equipment situated outdoors shall be in accessory to the main use subject to the requirements of this Section. For the purpose of this section, outdoor storage and display shall be broken down into three types, as follows.
1.
Type A: Outdoor Display.
Type A Outdoor Display shall be allowed adjacent to a principal building wall and extending to a distance no greater than 5 feet from the wall. Such storage shall not be permitted to block windows, entrances or exits, and shall not impair the ability of pedestrians to use the building. Storage of used articles may be stored outside only during the hours that the store is open.
2.
Type B: Limited Outdoor Storage.
Type B Limited Outdoor Storage shall not exceed 1,000 square feet or 10 percent of the total site area (whichever is greater).
3.
Type C: General Outdoor Storage.
Type C General Outdoor Storage shall be allowed in unlimited quantity, subject only to the following:. [sic]
4.
Exceptions.
a.
Vehicles (including boats) shall not be considered merchandise, material or equipment subject to the restrictions of this Section.
b.
Waste generated on-site and deposited in ordinary refuse containers shall not be subject to the restrictions of this Section.
c.
Areas enclosed by solid, opaque walls on at least three sides and covered by a solid, opaque roof shall not be considered outdoor.
d.
All outdoor storage must be stacked in straight, orderly lines, be free of vegetation and must not hold water or harbor pests.
5.
Location of Outdoor Storage and Display.
a.
Unless specifically authorized elsewhere in the City’s Code of Ordinances, all outdoor storage and display shall be located outside the public right-of-way and/or at least 15 feet from the back edge of the adjacent curb or street pavement.
b.
No outdoor storage or display shall be allowed in required side yards.
6.
Allowed Storage Table.
The three types of storage shall be allowed in the districts designated in the Table below:
Type Storage Allowed | CB | C-1 | C-2 | M-1 | M-2 |
|---|---|---|---|---|---|
Type A | X | X | |||
Type B | X | ||||
Type C | X | X |
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.17 Adult Entertainment Enterprise/Sexually Oriented Business.
a.
Location.
All structures housing adult entertainment enterprises shall be located only in the M-1 and M-2 [Districts] by Special Use in accordance with the following:
1.
At least 1,000 feet from the property boundary line of any lot used for church purposes, or any lot occupied by a public or private school having a curriculum equivalent to an elementary or secondary school (including outdoor athletic and recreation facilities directly associated with such a school).
2.
At least 1,000 feet from another structure housing an adult entertainment enterprise.
3.
At least 500 feet from the boundary line of any residential zoned lot or any lot or tract used for public park purposes.
b.
Measurements.
1.
Measurements for determining the distances described above are to be measured in a straight line in all directions from the structure housing the adult entertainment enterprise to the nearest property line of any lot in a residential zoned district, or any lot used for church or school, or any public park, or to any structure housing another adult entertainment enterprise.
2.
The measurements for a structure shall be taken from the furthest point that a structure extends in any direction, including overhanging roofs and all other projections or portions of said structure.
3.
Should the adult entertainment enterprise be located in conjunction with other buildings in a manner where the adult entertainment enterprise is clearly separated from other portions of the structure (for example, an adult bookstore in a shopping center), the adult entertainment enterprise structure’s measurements shall be taken from the boundaries of the space in which the adult entertainment enterprise is housed or confined (not the entire shopping center, motel, or other such structure).
4.
Should the adult entertainment enterprise be located in conjunction with other buildings in a manner where the adult entertainment enterprise is situated above the ground level of a multi-story structure and is clearly separate from other activities within the structure (for example, an adult bookstore on an upper level of an office tower or hotel), the adult entertainment enterprise measurements shall be taken from the nearest entry to that portion of the structure housing the adult bookstore, thence to the nearest point of egress (elevator or stairs), thence to the nearest ground floor exit, thence in a straight line to the nearest point on any lot in a residential district, or any lot or tract used for church, school or public park purposes, and to any structure housing another adult entertainment enterprise.
c.
Compliance Review.
Any person wishing to establish an adult entertainment enterprise must submit a site plan to the City Manager setting out the dimensions and specific location of the adult entertainment enterprise in relation to lot boundaries, in addition to a signed and notarized statement certifying the proposed adult entertainment enterprise (represented on the accompanying site plan) complies with the location requirements set forth above. It shall be the responsibility of said applicant to provide the site plan and assure compliance with the location requirements of this Section. The applicant’s submission of this site plan and certification shall signify initiation of the review process. The City Manager shall have no more than 30 days to review the site plan and cite, in writing, any potential violations of provisions of this Zoning Ordinance.
d.
Non-Enlargement and Priority by Time.
If two or more adult entertainment enterprises are within 1000 feet of one another and otherwise in a permissible location, the adult entertainment enterprise which was first established and continually operating at a particular location is the conforming use, and the later established business is nonconforming. Such nonconforming use shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.
e.
Expansion of Neighbors.
An adult entertainment enterprise lawfully operating as a conforming use after adoption of this Zoning Ordinance is not rendered a nonconforming or illegal use by the location of a church, school, public park, or residential zoned lot established after approval of the adult entertainment enterprise.
f.
Exemption from Locational Requirements.
In the event an owner of an existing or proposed adult entertainment enterprise wishes to claim an exemption from the provisions of this Section, the owner shall make application for a locational exemption from the requirements of this Section. The City Council shall grant an exemption from the locational restrictions, only if it makes all of the following findings:
1.
that the location of the adult entertainment enterprise will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;
2.
that the granting of the exemption will not violate the spirit and intent of this Zoning Ordinance;
3.
that the location of the adult entertainment enterprise will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;
4.
that the location of adult entertainment enterprise will not be contrary to any program of neighborhood conservation, nor will it interfere with any urban renewal or restoration efforts; and
5.
that all other applicable provisions of this Zoning Ordinance will be observed.
If an exemption is denied by the City Council, the applicant may seek prompt judicial review of such action in a court of competent jurisdiction. |
If the City Council grants an exemption, the exemption is valid for one year from the date of the City Council’s action. Upon the expiration of an exemption, an adult entertainment enterprise will be in violation of the locational restrictions of this Section and the nonconforming use shall be illegal and shall terminate, unless the applicant applies for and receives another exemption. Such application shall be made with the Littlefield City Secretary at least 60 days prior to the expiration of the exemption. |
The grant of an exemption does not exempt the applicant from any provisions of this Zoning Ordinance, other than the locational restrictions of this Section. |
g.
Appeal of Administrative Determinations.
If existing or potential violations of any provisions of this Section are cited by the City Manager, the person wishing to establish an adult entertainment enterprise shall have the right to appeal such interpretation to the Zoning Board of Adjustment which shall hear the case within 45 days of the appeal. The Board shall render its decision at or before the conclusion of the meeting. If the Zoning Board of Adjustment upholds the City Manager’s interpretation of potential violations, the person may seek prompt judicial review of such action in any court of competent jurisdiction. The action shall be promptly reviewed by the court.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.18 Buffers for Industrial Uses.
No uses allowed exclusively in the M-1 or M-2 districts shall be allowed within 100 feet of any adjoining residential district.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.19 Fences.
1.
Required Privacy Fences.
a.
A privacy fence shall be required where the side or rear lot line of a nonresidential use is adjacent to either of the following. [sic]
b.
This requirement shall not apply when an equivalent fence already exists.
c.
Properties immediately across a body of water, transportation, drainage or utility right-of-way, street or alley shall be considered adjacent if the intervening body of water, transportation, drainage or utility right-of-way, street or alley, is less than 80 feet wide.
2.
Height Standards for Required Privacy Fences.
b.
Maximum Fence Height in Residential Districts.
No portion of any fence or enclosure in any residential district shall exceed a height of 8 feet.
c.
Maximum Height in Required Front Yards.
i.
Any fence or enclosure extending into a required front yard shall not exceed a height of four feet.
ii.
Fences on land located in the M-1 and M-2 Districts shall be exempt from this requirement.
iii.
In the A District, a substantially open fence with a ratio of solid portion to open portion equal to or less than 1 (solid) to 4 (open) may be constructed up to a height of 6 feet.
3.
Manner of Construction.
Nothing in this section shall be construed as controlling the materials or manner of construction of fences. Materials and manner of construction shall be regulated by the Building Code adopted by the City or other ordinances which currently exist or which may be adopted in the future.
4.
Privacy Fences are not allowed in the Central Business district eccept as part of an approved public park area.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.20 Visual Clearance on Corner Lots in all Zoning Districts.
Except for freestanding signs with appropriate visual clearance below the display area, any fence, structure, sign, tree or landscaping on a corner lot and situated within 30 feet of the intersection of the two street property lines shall not exceed a height of three feet, including topography, measured from the top of the street curb or, in the absence of a raised curb, 3-1/2 feet above elevation of the center of the pavement. For this purpose, the restricted area shall be considered as a triangle rather than an area bounded by an arc.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.21 Sign Regulation.
A.
Signs.
Before placing any sign a permit must first be approved, a fee paid according to Appendix B, and shall be allowed in each district in accordance with the following table:
Type of Sign & Standards | Principal Use of Property | |
|---|---|---|
Type of Sign | Non-Residential | Residential (SF-1, SF-2, MH-2. Multifamily) |
Business Identification Sign Permitted locations | Within buildable area or mounted flat on face of building: may project 24 inches from face of building. | According to Section L |
Directional Sign Size limits | 4 sq. ft./sign | 4 sq. ft./sign |
Facility Identification Sign Combined allowable sign area in sq. ft. per lineal feet of street frontage (one frontage) | 1 sq. ft./3 lin. ft | 1 sq. ft./10 lin. ft |
Facility ID Sign Minimum sign area | 12 square feet | 12 square feet |
Subdivision Identification Sign Combined allowable sign area in sq. ft. per lineal feet of street frontage | 1 sq. ft./3 lin. ft. | 1 sq. ft./10 lin. ft. |
Off Premises Advertising - Billboards According to Section M | Allowed only Adjacent to US 84 (Not including Business US 84) | Not Permitted |
B.
Location.
All signs shall be placed within the buildable area of a lot except that directional signs, facility identification signs and subdivision identification signs may be place in any yard, but not closer than ten (10) feet horizontally to any street line which is the curb line.
C.
Height.
The height of signs located in required yards shall not exceed the height limits for walls or fences in these same yards. Signs located in the buildable area of a lot shall not exceed a height of 35 (Thirty – Five) feet above grade level measured at the nearest point on the nearest property line; provided that any sign on top of a building may have a height of ten (10) feet above the top of such building.
D.
Sign Area.
All signs areas measures by the overall dimensions. Business identification signs may be permitted up to 1sq ft. per 3 linear property feet of frontage along the street in which the sign is visible from. Only one frontage may be used in this calculation.
E.
Real estate sales signs.
Temporary signs announcing the sale or rental of the real estate on which placed shall be permitted in any district and may be placed in any yard. Such sign shall not exceed twelve (12) square feet in area and shall be removed within one week following the close of the sale or lease.
F.
Political and miscellaneous signs.
Political and miscellaneous signs of any characteristic whatsoever will not be permitted on utility and other poles existing in the street right-of-way.
G.
Symbols.
Symbols which are designed as an integral part of the building structure, and symbols and signs which are not visible or readable from the public street shall not be limited by the sign regulations of the zoning district.
H.
Existing Signs.
All existing signs that do not comply with these regulations are hereby declared existing nonconforming. Any additions must comply with these regulations as amended. All on-site signs must indicate a current business operation. All signs that create a visual obstruction for traffic and/or occupy a space within 3’ and 7’ high and within 8’ of a city curb (or extend into a city ROW) are hereby declared a nuisance and must be removed.
I.
Appeals.
Appeals to the City of Littlefield Sign regulations will be heard by the Zoning Board of Adjustments.
J.
Traffic control conflicts.
No sign or lighting permitted under these regulations shall be erected, placed or allowed to remain if such sign creates confusion, impairs hearing or vision, or distracts the automotive driver using any public street. Specifically prohibited are:
1.
High intensity bare bulb lighting or any lighting which creates a glare or any sign so placed as to make traffic signs or signals unreadable by a driver on the public street at the normal viewing range;
2.
Sign duplicating colors of traffic signs or signals which distract or cause confusion in reading such traffic signs or signals at normal viewing range; and
3.
Signs or equipment which produce noises simulating sirens, bells, or whistles which may be confuse with the warning devices of emergency vehicles.
K.
Residential area nuisance.
No sign or lighting permitted under these regulations shall be authorized if such sign or lighting by reason of placement, because of shielding, noise generation or character of operation would be adverse to the normal sensibilities of an adjacent residence or would interfere with the reasonable use, enjoyment, or right of privacy on one's property. Specifically,
1.
The source of lighting shall not be directly visible from the adjacent residential property and light shall be shielded to prevent such exposure;
2.
The noise level of signs and lighting fixtures, when measured within the adjacent dwelling unit, shall not be greater than the noise levels of equipment customarily in operation in the home including air conditioning and kitchen refrigerators; and
3.
Flashing signs and intermittent lighting of signs or areas shall not be permitted where they are located within 200 feet of and/or are directly visible from residential property.
L.
No sign shall be erected or maintained at any location within the residential districts of the City, except:
1.
In accordance with the following:
a)
A cumulative total of 36 square feet of sign surface area per site, whether consisting of a single sign or more than one sign; and,
b)
Must not be illuminated; and,
c)
Has no moving elements, animation, changeable text or graphics, or video display; and,
d)
If it mentions a specific date or event, it shall be removed within 7 days after such event or date; and
e)
Is placed wholly on private property and not within the visibility triangle of a corner or driveway so as to obstruct driver vision of traffic on the street; and,
f)
Contain no obscene, indecent, or immoral message; and,
2.
When placed inside a window of a residence; or
3.
Is required by law; or
4.
Decorations on residential properties; or
5.
Historical plaque or marker issued by a governmental entity; or
6.
Flag, whether one or more, that cumulatively do not exceed 36 square feet in size, with a maximum of four flags per site.
M.
Billboards and Off-Premises Signs must comply with the following rules:
1.
No sign may be erected or reconstructed without first obtaining a permit. Fees are charged according to Appendix B[.]
2.
Signs may be no taller than Thirty-Five (35) feet and may have no attached antennas[.]
3.
Signs may be located along US 84 (Not including Business US 84) and only in C-2, A, and M-2 zones.
4.
Signs may be permitted no closer than 1,000 feet for any existing billboard or off-premises sign located in the city limits or within the Extraterritorial Jurisdiction (The 1-mile buffer surounding the City limits) measured along US 84.
5.
Signs may be up to 300 square feet in size.
6.
Signs must also comply will all state requirements in addition to the above rules. In the event of a conflict, the most stringent shall prevail.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.22 Arcade (Video Game Hall, Bingo, Billiard/Pool Hall).
No Arcade shall be allowed within 500 feet of a lot or tract of land occupied by any building used for a public or private school offering a curriculum equivalent to an elementary or secondary school.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.23 Gasoline Pump Island Canopies.
1.
Parallel to the Public Right-of-Way.
Gasoline pump island canopies that are not connected to another structure may extend to the property line, provided the posts, poles, bases and other supporting structures are set back a minimum of 12 feet from the property line where the pump island is situated parallel to the public right-of-way.
2.
Located on Corner Lot.
Gasoline pump island canopies that are not connected to another structure and are located on a corner lot may be placed at an angle and may extend to the property line provided that no part of the canopy extends past the property line, and the posts, poles, bases and other supporting structures are set back a minimum of 20 feet from the property line. The measurements are to be made at right angles to the property line.
3.
Not Parallel to the Public Right-of-Way.
Gasoline pump island canopies that are not connected to another structure may extend to the property line, provided the posts, bases and other supporting structures are set back a minimum of 20 feet from the property line where the pump island is not situated parallel to the public right-of-way. The measurements are to be made at right angles to the property line.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.24 Golf Driving Range.
In approving a special use allowing a golf driving range in or nearby a residential zoning district, City Council shall take appropriate measures to minimize ill effects of harsh or uncomfortably bright light (i.e., glare) emanating from nighttime illumination, on any residential zoned lot located outside the golf driving range.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.25 Standards for Development of Manufactured Home Parks.
1.
Land Area.
The minimum land area required for a manufactured housing park is three acres.
2.
Density Limitations.
Any lot or tract of land occupied by a manufactured housing park shall have a maximum density of 8 dwelling units per gross acre.
3.
Separation Requirements.
a.
Manufactured housing units and all roof-covered structures shall meet the following separation requirements.
A maximum 2-foot eave overhang shall be permitted within the separation areas as required below. |
Required Separation | |||
|---|---|---|---|
Any Other Dwelling in Park | Curb or Edge of Pavement on Driveway Providing Common Access | Park Boundary | |
Manufactured Housing Unit/All Roof-Covered Accessory Structures | 10 feet | 10 feet | 20 feet |
Management, Maintenance or Recreational Buildings Serving Entire Park | 15 feet | 10 feet | 20 feet |
4.
Required Parking.
A minimum of two off-street parking spaces shall be provided for each dwelling within a manufactured housing park.
5.
Skirting.
Each manufactured housing unit shall be skirted with a material or product specifically designed for the skirting of manufactured homes. Required skirting shall be maintained so as not to provide a harborage for animals or create a fire hazard.
6.
Manufactured Homes, Mobile Homes, Travel Trailers and Recreational Vehicles (RVs).
Following the effective date of this ordinance, mobile homes (versus HUD determined manufactured housing) may not be placed in any manufactured housing park.
Travel trailers, motorized recreational vehicles and other such relocatable housing that does not meet the definition of either a “mobile home” or a “HUD-Code Manufactured Home” shall be permitted within any manufactured housing park, subject to the requirements of this Section, provided these types of accommodation do not exceed 30 percent of the total units in the park.
7.
State Standards.
All manufactured housing units shall conform to the State of Texas Standards for manufactured housing anchorage, tie-downs and blocking.
8.
Fire Protection.
Every dwelling within a manufactured housing park shall be located no further than 500 feet from a fire hydrant.
9.
Site Plan.
Prior to the development of any new manufactured housing park established after the effective date of this Zoning Ordinance, and prior to the enlargement of any existing manufactured housing park, a site plan conforming to the requirements of this subsection shall be approved by the City Manager. The required site plan shall be drawn to scale and shall explicitly illustrate at least the following features.
a.
Location and dimensions of all park boundaries.
b.
Location of pavement on adjoining street rights-of-way.
c.
Location and dimensions of any permanent improvements existing or planned within the park, including but not limited to the following:
i.
Improved surfaces for common driveways, off-street parking and recreation areas.
ii.
Buildings for management, maintenance and recreational purposes.
iii.
Any other recreational facilities.
iv.
Any fences or walls.
v.
The location of pipelines and systems for potable water distribution, sewage collection and fire protection, including location of all fire hydrants.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.26 M-1 District; Conditions for Uses.
Uses permitted in the M-1 District are subject to the following conditions:
All storage within one hundred (100) feet of a residential district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened with screening not less than six (6) feet nor more than eight (8) feet in height, provided no storage located within fifty (50) feet of such screening shall exceed the maximum height of screening.
Permitted uses in the M-1 District shall not disseminate dust, fumes, gas, noxious odor, smoke, glare, or other atmospheric influence.
Permitted uses in the M-1 District shall produce no noise exceeding in intensity, at the boundary of the property, the average intensity of noise of street traffic.
Permitted uses in the M-1 District shall not create fire hazards on surrounding property.
Performance Standards. The following general performance standards shall be applicable to activity allowed (by right or by conditional approval) in Light Manufacturing Districts:
a.
No vibration shall be produced which is transmitted through the ground (and is discernible without the aid of instruments) at or at any point beyond the lot line.
b.
All noise shall be muffled so as to not be objectionable due to intermittence, beat frequency or shrillness.
c.
Visible emissions of air pollutants of any kind at ground level, past the lot line of the lot on which the source of emissions is located, are prohibited.
d.
No person shall cause or permit any materials to be handled, transported or stored in such a manner which allows or may allow particulate matter to become airborne.
e.
There shall be no emission or transmission of heat or heated air so as to be discernible from the lot line.
f.
Any condition or operation which results in the creation of odors of such intensity or character as to unreasonably interfere with the comfort of the public shall be removed, stopped or modified so as to remove the odor.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.27 M-2 District; Conditions for Uses.
Uses permitted in the M-2 District shall be subject to the following conditions:
a.
All storage within one hundred (100) feet of a residential district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively, screened with screening not less than six (6) feet in height nor more than eight (8) feet in height, provided no storage located within fifty (50) feet of such screening shall exceed the maximum height of such screening.
b.
All uses permitted in the M-2 district must meet the following performance standards and any appropriate city ordinances:
i.
Smoke:
No operation shall be conducted unless it conforms to the standards established by any applicable state and federal health rules and regulations pertaining to emission of particulate matter;
ii.
Particulate Matter:
No operation shall be conducted unless it conforms to the standards established by applicable state and federal health rules and regulations pertaining to emission of particulate matter;
iii.
Dust, Odor, Gas, Fumes, Glare, or Vibration:
No emission of these matters shall result in a concentration at or beyond the property line which is detrimental to the public health, safety or general welfare or which causes injury or damage to property; said emissions shall in all cases conform to the standards established by applicable state and federal health rules and regulations pertaining to said emissions;
iv.
Radiation Hazards and Electrical Disturbances:
No operation shall be conducted unless it conforms to the standards established by applicable state and federal health rules and regulations pertaining to radiation control;
v.
Noise.
No operation shall be conducted in a manner that creates a Nuisance as defined within this ordinance.
vi.
Water Pollution:
No water pollution shall be emitted by manufacturing or other processing. In a case in which potential hazards exist, it shall be necessary to install safeguards acceptable to the appropriate State and national health and environmental protection agencies prior to issuance of a certificate of occupancy. The applicant shall have the burden of establishing that said safeguards are acceptable to said agency or agencies.
Performance Standards: The following general performance standards shall be applicable to activity allowed (by right or by conditional approval) in Heavy Manufacturing Districts: | |
a. | No vibration shall be produced which is transmitted through the ground (and is discernible without the aid of instruments) at or at any point beyond the lot line. |
b. | All noise shall be muffled so as to not be objectionable due to intermittence, beat frequency or shrillness. |
c. | Visible emissions of air pollutants of any kind at ground level, past the lot line of the lot on which the source of emissions is located, are prohibited. |
d. | No person shall cause or permit any materials to be handled, transported or stored in such a manner which allows or may allow particulate matter to become airborne. |
e. | There shall be no emission or transmission of heat or heated air so as to be discernible from the lot line. |
f. | Any condition or operation which results in the creation of odors of such intensity or character as to unreasonably interfere with the comfort of the public shall be removed, stopped or modified so as to remove the odor. |
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.28 Traffic-Control Conflicts.
No sign or lighting permitted under these regulations shall be erected, placed or allowed to remain whereby such sign creates confusion, impairs hearing or vision, or otherwise distracts the automotive driver using any public street. Specifically prohibited are:
a.
High intensity bare bulb lighting or any lighting which creates a glare or any sign so placed as to make traffic signs or signals unreadable at the normal viewing range by a driver on the public street;
b.
Signs duplicating colors, characteristics or symbols of traffic signs or signals, or signs which cause confusion in reading such traffic signs or signal at normal viewing range;
c.
Signs or equipment which produce noises simulating sirens, bells, or whistles which may be confused with the warning devices of emergency vehicles traveling with the public streets; and
d.
This section does not apply to public service signs or message center signs, such as time and temperature displays.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.29 Signs In or Over Right-of-Way Prohibited.
No sign, whether requiring a permit or not, shall be located within or project over any public right-of-way. This provision shall not be applicable to official traffic-control signs, or entrance and exit signs less than 30 inches above grade placed with permission of the City.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.30 Recovery Facility, Alcohol and Drug.
Drug and alcohol recovery facilities shall be subject to the following standards.
a.
The facility shall meet all building, housing, and fire codes of the City.
b.
The facility shall have adequate off-street parking space for every vehicle possessed or utilized by occupants of the building. Such parking spaces must meet all applicable standards of the City.
c.
The facility shall be compatible with the neighborhood and shall not create undue density and congestion.
d.
The boundary line of any lot or tract of land occupied by such facilities shall be located no less than 300 feet (measured in a straight line between nearest boundaries) from each of the following:
e.
Appropriate licenses and/or certifications from any federal or state agency shall be acquired and kept current.
f.
Professional staff must be on the premises at all times. Professional staff shall be defined as an individual with experience, training or knowledge in the appropriate rehabilitative field.
g.
No residential treatment shall be provided to any persons on parole from federal, state or county jails or prisons.
h.
If deemed necessary by the Chief of Police, additional security lighting shall be provided.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.31 Restaurants, Bars and Taverns with Outdoor Seating.
Outdoor seating areas shall be allowed in conjunction with existing or proposed restaurants, bars and taverns, subject to the following standards.
a.
All lights must be arranged and controlled so as to deflect glare or any uncomfortably bright, harsh light away from any nearby residential use.
b.
Outdoor seating areas may not generate a noise that is annoying or that causes trouble or problems.
c.
A Nuisance shall not be permitted.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.32 Self-Service Storage.
Self-service storage facilities when allowed shall be subject to the following standards.
a.
The facility shall be situated in a manner that avoids having substantial activity unreasonably close to any SF-1, SF-2, TF, MF, MH-1 or MH-2 zoning districts.
b.
The use of the facility and its individual storage units shall be limited to storage purposes only.
c.
No direct glare from any illumination on the site shall be visible from lots in any adjacent residential zoning district.
d.
Electrical service to any individual storage unit shall be limited to a single circuit providing a maximum force of 30 amperes, with no more than one duplex outlet providing single-phase electrical service of no more than 110 volts.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.33 Paving Standards.
These are minimum standards:
a)
Hot Mix Asphaltic Concrete - Texas Highway Dept., Type F, minimum thickness of 1-1/4 inches.
b)
Two Course Penetration - surface composed of two layers of crushed stone and asphalt. First Course - Texas Highway Department, Grade 2, Type D; Second Course
c)
Texas Highway Department, Grade 4, Type D.
d)
Concrete - Reinforced concrete, minimum 28-day compressive strength of 3,000 psi, and minimum thickness of 5 inches.
e)
Brick Pavers or Other Special Finish Surfaces - any proposed paved surface finish other than those specified above shall be subject to review and approval by the Building Official. The applicant shall provide technical and design information as required by the Building Official.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.34 Telecommunication Facilities.
1.
Principal Use.
Telecommunication transmission towers and other telecommunication facilities shall always be considered a principal use. They may be located on lots or on buildings occupied by another principal use.
2.
Applicability.
This Section shall only apply to those telecommunications towers and related facilities that exceed 35 feet in height, including the height of other structures or buildings on which the telecommunication facilities are located.
3.
Setbacks.
The following standards shall apply to all telecommunications facilities:
a.
The minimum setback between telecommunication facilities and all boundaries of the lot on which those facilities are located shall be equal to 20 percent of the height of the tower.
b.
Telecommunication facilities shall be set back a minimum of 50 feet from any existing right-of-way for any street.
c.
Peripheral supports and guy anchors for telecommunication towers may be located within required setbacks for the tower, provided that they shall be located entirely within the boundaries of the lot on which the tower is located and shall be located no closer than 5 feet from the boundary of the lot on which the tower is located, and no closer than 10 feet from the boundary of an adjoining lot in a residential district.
4.
Separation from Residential Districts.
All telecommunications facilities that exceed a height of 35 feet (including the height of the building on which they may be located) shall be set back at least 50 feet from the boundary of any lot or tract in a residential zoning district.
5.
Heights.
The principal support structure for telecommunication facilities shall be allowed to exceed the height limit of the zoning district in which it is located, provided that the setback standards of this Section shall apply.
6.
Security Fences and Walls.
Unless the telecommunication tower is located on top of a building, a fence or wall not less than 7 feet in height from finished grade shall be constructed around each telecommunication tower. The fence or wall shall comply with the following standards. [sic]
7.
Removal of Obsolete Towers.
All obsolete or unused telecommunication towers shall be removed within 12 months of cessation of use.
8.
Electromagnetic Radiation.
Telecommunication towers shall comply with all applicable Federal Communications Commission (FCC) standards for non-ionizing electromagnetic radiation.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.35 Temporary Uses.
1.
Construction-Related Offices.
a.
Parking of a trailer housing construction-related offices shall be allowed on the same tract of land, or on a tract lying directly adjacent to or across the street from the tract, where related construction is occurring.
b.
Parking of a trailer housing construction-related offices shall not require a building permit or other approval from the City, provided that the following standards are met.
i.
Extension of temporary electric or plumbing service is made in accordance with all applicable codes, including required permits therefor.
ii.
Use of any such trailer shall be limited to administrative offices for ongoing construction activity on the same tract of land, or on a tract lying directly adjacent to or across the street from the tract where construction activity is ongoing. The trailer shall not be used for dwelling purposes, even on a temporary basis.
iii.
Any such trailer shall be removed within 60 days following completion of the project to which the offices are considered accessory.
2.
Construction-Related Storage.
a.
Parking of trailers, semi-trailers and shipping containers shall be allowed on the same tract of land, or on a tract lying directly adjacent to or across the street from the tract, where related construction is occurring. Such parking shall not require a building permit or other approval by the City, provided that the following standards are met.
b.
Yards for storage and marshalling of construction material and equipment shall be allowed on the same tract of land, or on a tract lying directly adjacent to or across the street from the tract, where related construction activity is occurring. All such material or equipment shall be for use in conjunction with the associated construction project. All such material and equipment shall be removed within 60 days following completion of the project.
3.
Real Estate Sales Offices in Residential Districts.
a.
A real estate sales office may be operated from a model home or other building located within a recorded subdivision, provided that the use is limited to sale of lots or new homes within that same subdivision. The temporary use approval shall expire at such time as 95 percent of the lots within the subdivision have been sold.
b.
No HUD-Code manufactured home or other portable building not constructed in conformance with the City’s building code requirements shall be allowed as a temporary office for the sale of real estate.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.36 Vehicle Services in Commercial Zones.
In Commercial Districts the Vehicle Service use shall be limited to the following.
1.
Fluid changes.
2.
Lubrication.
3.
Sales and replacement of minor parts such as batteries, belts, bulbs, lamps, fuses and wipers.
4.
Battery recharging.
5.
State-mandated inspections.
6.
Tire sales, installation and repair.
7.
Brake repair and replacement.
8.
Replacement of shocks and struts.
9.
Sales and installation of custom auto parts and accessories that are not intended to enhance the performance of the engine, and that do not alter the original or “stock” components of automotive electric, transmission, suspension or exhaust systems.
10.
Fuel sales.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)
§ 15.37 Waste-Related Uses.
Where allowed only as a conditional use, waste-related uses shall be subject to approval by the Planning and Zoning Commission and shall furthermore be subject to the following conditions:
1.
Use of the facility shall be limited to collection (from household and business consumers) of small items such as cans, glass, plastic and paper, for temporary storage and subsequent transport to another facility for processing.
2.
No mechanical means of collection or processing shall be allowed, including but not limited to the crushing of cans.
(Ordinance 2019-0129-4 adopted 1/29/19; Ordinance 2020-0526-1 adopted 5/26/20)