Llano City Zoning Code
ARTICLE V
SUPPLEMENTARY REGULATIONS AND DEVELOPMENT STANDARDS
§ 110-540 Interior lot lines.
(a) Development Interior lot lines
Definitions.
The following definitions shall apply in the interpretation and enforcement of this section:
shall mean the construction, erection or fabrication of a structure of allowable use as defined in the district zoning regulations.
shall mean lot lines that exist between one or more contiguous and adjacent lots owned by the same party. Interior lot lines shall not be considered the lines forming all or part of the perimeter of the tract, whether one or more lots.
(b)
Allowable development.
Development over interior lot lines may be permitted, providing the lots cannot be conveyed separately at a future time; and providing an accessory building, and a primary residence do not lie entirely on separate lots.
Development over interior lot lines may occur in any zoning district providing the building meets all other requirements of the district.
(Ordinance 1103, secs. 1, 2, adopted 7/21/08)
§ 110-541 Front yards.
(a)
Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage (see illustration 1 in appendix A to this chapter).
(b)
Where a building line has been established by a plat approved by the city council or by ordinance prior to the adoption of this chapter, and such required building line is a greater or lesser front yard setback than prescribed by this chapter for the district in which the building line is located, the required front yard shall comply with the building line established by such ordinance or plat, provided, no such building line shall be set back less than 20 feet.
(c)
The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eaves and roof extensions, or a porch without posts or columns, may project into the required front yard for a distance not to exceed three feet, and subsurface structures, platforms or slabs may not project into the front yard to a height greater than 30 inches above the average grade of the yard (see illustration 2 in appendix A to this chapter).
(d)
Where lots have double frontage, extending from one street to another, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event, only one required front yard shall be required to be observed (see illustration 3 in appendix A to this chapter).
(e)
Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding or landscaping, which is two feet, six inches or higher above the street centerline, obstructs the vision of a motor vehicle driver approaching any street, alley or driveway intersection.
(1)
At a street intersection, clear vision must be maintained for a minimum of 25 feet across any lot, measured from the corner of the property line in both directions (see illustration 4 in appendix A to this chapter).
(2)
At an intersection with an alley, the visual clearance must be maintained for ten feet (see illustration 4 in appendix A to this chapter).
(3)
Fences, walls and hedges which are two feet, six inches or less in height, as measured from the centerline of the street, may be located in the visual clearance areas of all districts.
(Ordinance 735, sec. I(22.2), adopted 7/21/97)
§ 110-542 Side yards.
Every part of a required side yard shall be open and unobstructed from the ground upward except for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed 12 inches into the required side yard, and roof eaves projecting not to exceed 36 inches into the required side yard. Air conditioning compressors and similar appurtenances are permitted in the side yard. A zero setback on side yard lots will be approved if fire sprinkler systems are installed within the structure and/or a fire warning activation system is coupled with a firewall with a rating of two hours.
(Ordinance 735, sec. I(22.3), adopted 7/21/97; Ordinance 1039, sec. 5, adopted 5/1/06)
§ 110-543 Lot area.
(a)
The minimum lot area for the various zoning districts shall be in accordance with the individual districts, except that a lot having less area than required in this chapter, which was an official lot of record prior to the adoption of this chapter, may be used for any use designated in the zoning district in which the lot is located, and no lot existing at the time of passage of this chapter shall be reduced in area below the minimum requirements set forth in the respective district.
(b)
Only one main building for single-family and two-family use, with permitted accessory buildings, may be located upon a lot or unplatted tract. Every means of access shall have a minimum lot width of 25 feet at the property line. Whenever two or more main buildings, or portions thereof, are placed upon a single lot or tract, and such buildings do not face upon a public street, the buildings may be permitted when the site plan for such development is approved by the planning and zoning commission so as to comply with the requirements for platting as set forth in chapter 90.
(Ordinance 735, sec. I(22.1), adopted 7/21/97)
§ 110-544 Setback measurements.
All measurements of setback requirements shall be made according to illustrations 5, 6 and 7 in appendix A to this chapter.
(Ordinance 735, sec. I(22.4), adopted 7/21/97)
§ 110-545 Handicap accessibility.
All nonresidential buildings and parking areas shall conform to the Americans with Disabilities Act (ADA) of 1991, as amended, accessibility guidelines or the Uniform Federal Accessibility Standards.
(Ordinance 735, sec. I(22.5), adopted 7/21/97)
§ 110-546 Exterior construction of nonresidential structures.
All exterior facades of main buildings or structures which face a roadway in the OM, R, C or CBD districts, shall be constructed so there is not less than a minimum of 50 percent of any single facade which is masonry, wood, glass or a decorative material otherwise approved by the city council as equivalent to such standard.
(Ordinance 735, sec. I(22.6), adopted 7/21/97)
§ 110-547 Manufactured housing parks and subdivision standards.
The following standards shall be applicable within a manufactured housing park or subdivision:
(1)
(3)
Minimum dwelling size:
900 square feet.
(4)
Maximum lot coverage:
N/A.
(5)
Parking regulations:
Two spaces per unit (see division 4 of this article).
(Ordinance 735, sec. I(22.7), adopted 7/21/97; Ordinance 942, sec. 9, adopted 2/2/04)
§ 110-548 Standards for manufactured housing outside of a manufactured housing park or manufactured housing subdivision.
(a)
All manufactured housing units shall comply with all applicable codes, ordinances and regulations, including, but limited to, the following:
(1)
The trailer tongue, wheels, axles and trailer hitches shall be removed from the manufactured house before utilities will be connected.
(2)
Perimeter skirting is required around each unit and must be installed before utilities will be connected.
(3)
The foundation must be capable of transferring all design loads into the soil or bedrock without failure. The foundation must be designed so that it supports minimum wind loads and dead loads and must comply with the Texas Manufactured Housing Standards Act and applicable regulations. The city must approve stabilizing devises and ground anchoring systems. Anchoring systems and ground stabilizing must have been approved by the state department of housing and community affairs and meet the minimum requirements of the Texas Manufactured Housing Standards Act, or be drawn and stamped by a registered professional engineer.
(4)
Each unit must have an acceptable hard surface driveway providing access to a public or private street.
(5)
Each manufactured home unit must face the street in a horizontal manner (i.e., the longest side faces the street) on the address side of the structure, unless a variance is granted to allow a different directional orientation of the longest sides of the unit. Units on corner lots require site plan approval in accordance with division 7 of this article.
(b)
HUD-code manufactured homes shall only be permitted in accordance with locations specified in section 110-451, use charts, and in accordance with other applicable provisions of this chapter. HUD-code manufactured homes shall not be installed, placed, constructed, utilized, occupied or permitted for any purpose on any site, tract or lot in an area zoned for nonresidential use. Mobile homes shall not be permitted at any location within the city limits.
(Ordinance 903, sec. 5, adopted 10/7/02; Ordinance 942, sec. 10, adopted 2/2/04; Ordinance 997, sec. 6, adopted 5/16/05)
§ 110-549 Minimum dwelling size and age limits.
(a)
Each residential dwelling moved, installed, erected or constructed in a residential zoning district (including SF-1, SF-2, SF-3, SF-4 and GR zoning districts) shall have a minimum floor area of living space of at least 900 square feet.
(b)
Each residential dwelling moved, installed, placed, erected, rebuilt, or constructed in a residential zoning district (including SF-1, SF-2, SF-3, SF-4 and GR zoning districts) shall be no older that five years, except where otherwise allowed by specific use permit according to the provisions of this chapter. For the purposes of this section, manufactured housing is older than five years if more than 60 months have passed since the date of manufacture. When computing whether 60 months have passed since the date of manufacture, the 60-month period ends on the same numerical day in the concluding month (60th month) as the day of the month from which the computation is begun (date of manufacture), unless there are not that many days in the concluding month, in which case the period ends on the last day of that month.
(Ordinance 942, sec. 11, adopted 2/2/04; Ordinance 997, sec. 7, adopted 5/16/05)
§ 110-550 Industrialized housing.
(a)
Single-family or duplex industrialized housing must comply with all local permit and license requirements that are applicable to other single-family or duplex dwellings.
(b)
For purposes of this section, single-family or duplex industrialized housing is real property.
(c)
Any industrialized housing shall:
(1)
Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for the county in which the industrialized housing is to be located;
(2)
Have exterior siding, roofing, roof pitch, foundation, fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located;
(3)
Comply with city aesthetic standards, building setbacks, side and rear yard requirements, square footage, site planning, development, subdivision regulations, landscaping, and all site and other requirements applicable to single-family dwellings; and
(4)
Be securely fixed to a permanent foundation.
(d)
In this section:
(1)
“Industrialized housing” is a residential structure, including the structure’s plumbing, heating, air conditioning, and electrical systems, that is:
a.
Designed for the occupancy of one or more families;
b.
Constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site; and
c.
Designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.
(2)
Industrialized housing does not include:
a.
A residential structure that exceeds three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof;
b.
Housing constructed of a sectional or panelized system that does not use a modular component; or
c.
A ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.
(3)
The term “modular component” means a structural part of housing constructed at a location other than the building site in a manner that prevents the construction from being adequately inspected for code compliance at the building site without:
(4)
The term “permanent foundation” means a permanent foundation system as defined in 16 Tex. Admin. Code sec. 70.10(a)(28), as may be amended.
(5)
The term “value” means the taxable value of the industrialized housing and lot after installation of the housing.
(e)
Any person who intends to construct, erect, install, or move any industrialized housing into the city shall first submit all required applications to the building official and obtain all required permits. In addition to any other information otherwise required for the permits, a building permit application for industrialized housing shall:
(1)
Include a complete set of design plans, specifications, and calculations bearing the stamp of the state industrialized building code council;
(2)
Identify by address each single-family or duplex dwelling located within 500 feet of the lot on which the industrialized housing is to be located, and show the taxable value for each such dwelling as determined by the most recent certified tax appraisal roll for the county in which the industrialized housing is to be located;
(3)
Describe the exterior siding, roofing, roof pitch, foundation, fascia, and fenestration of the industrialized housing proposed to be located in the city;
(4)
Show proof of the value of the improved property by providing:
a.
A copy of the sales receipt, signed by the purchaser, of the industrialized housing unit, including the value of the lot, if the lot is included in the sale; or
b.
A copy of the sales receipt, signed by the purchaser, of the industrialized housing unit, and documentation showing the taxable value of the lot as determined by the most recent certified tax appraisal roll for the county in which the industrialized housing is to be located, if the lot is not included in sale of the housing unit or if the value of the lot is not included on the sales receipt;
(5)
Be accompanied by at least one photograph, with identifying address of the front of each single-family or duplex dwelling located within 500 feet of the lot on which the industrialized housing is to be located;
(6)
Describe the exterior siding, roofing, roof pitch, foundation, fascia, and fenestration for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is to be located;
(7)
Describe the permanent foundation and method of attachment proposed for the industrialized housing to which the application applies; and
(8)
Indicate the deed restrictions otherwise applicable to the real property on which the industrialized housing is to be located.
(f)
Failure to provide any documentation required in subsection (e) of this section will be considered grounds to deny a permit application.
(g)
Inspections shall be conducted at the permanent site where the structure is intended to be located. The building official shall inspect all construction involving industrialized housing to be located in the city to ensure compliance with designs, plans, and specifications, including inspection of:
(h)
Any person proposing to locate an industrial housing unit within the territorial limits of the city shall demonstrate that all modules or modular components bear an approved decal or insignia indicating inspection by the state department of licensing and regulation, as required by rules adopted by the state commission on licensing and regulation.
(i)
Any person constructing, locating or erecting industrialized housing in the city shall be subject to a final inspection by the city prior to occupancy and no person shall occupy, inhabit or otherwise use an industrialized housing unit unless and until a certificate of occupancy has first been issued by the city.
(j)
Industrialized housing shall not be constructed, erected, installed, placed or located in a nonresidentially zoned district of the city.
(k)
A person commits an offense if the person:
(1)
Causes or permits any industrialized housing to be constructed, erected, installed, or moved into the city without first submitting applications to the building official and obtaining all required permits;
(2)
Causes or permits any industrialized housing which does not comply with this section to be constructed, erected, installed, or moved into the city; or
(3)
Violates any provision of this section.
(Ordinance 997, sec. 8, adopted 5/16/05)
§ 110-551 Industrialized buildings.
(a)
All industrialized buildings must comply with all local permit and license requirements that are applicable to other nonresidential structures and buildings.
(b)
Any industrialized building shall:
(1)
Comply with city aesthetic standards, building setbacks, side and rear yard requirements, square footage, site planning, development, subdivision regulations, landscaping, and all site and other requirements applicable to nonresidential structures and buildings; and
(2)
Be securely fixed to a permanent foundation.
(c)
In this section:
(1)
An industrialized building is a commercial structure, including the structure’s plumbing, heating, air conditioning, and electrical systems, that is:
a.
Constructed in one or more modules or constructed using one or more modular components built at a location other than the commercial site; and
b.
Designed to be used as a commercial building when the module or the modular component is transported to the commercial site and erected or installed on a permanent foundation system.
(2)
Industrialized building does not include a commercial structure that exceeds three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof.
(3)
An industrialized building includes a permanent commercial structure and a commercial structure designed to be transported from one commercial site to another commercial site.
(4)
The term “modular component” means a structural part of a building constructed at a location other than the building site in a manner that prevents the construction from being adequately inspected for code compliance at the building site without:
(5)
The term “permanent foundation” means a permanent foundation system as defined in 16 Tex. Admin. Code sec. 70.10(a)(28), as may be amended.
(d)
Any person who intends to construct, erect, install, or move any industrialized building into the city shall first submit all required applications to the building official and obtain all required permits. In addition to any other information otherwise required for the permits, a building permit application for an industrialized building shall:
(1)
Include a complete set of design plans, specifications, and calculations bearing the stamp of the state industrialized building code council for each installation within the city limits;
(2)
Describe the permanent foundation and method of attachment proposed for the industrialized housing to which the application applies.
(e)
Failure to provide any documentation required in subsection (d) of this section will be considered grounds to deny a permit application.
(f)
Inspections shall be conducted at the permanent site where the structure is intended to be located. The building official shall inspect all construction involving industrialized buildings to be located in the city to ensure compliance with designs, plans, and specifications, including inspection of:
(g)
Any person proposing to locate an industrial building unit within the territorial limits of the city shall demonstrate that all modules or modular components bear an approved decal or insignia indicating inspection by the state department of licensing and regulation, as required by rules adopted by the state commission on licensing and regulation.
(h)
Any person constructing, locating or erecting industrialized buildings in the city shall be subject to a final inspection by the city prior to occupancy and no person shall occupy, inhabit or otherwise use an industrialized building unit unless and until a certificate of occupancy has first been issued by the city.
(i)
Industrialized buildings shall not be constructed, erected, installed, placed or located in a residentially zoned district of the city.
(j)
A person commits an offense if the person:
(1)
Causes or permits any industrialized building to be constructed, erected, installed, or moved into the city without first submitting applications to the building official and obtaining all required permits;
(2)
Causes or permits any industrialized building which does not comply with this section to be constructed, erected, installed, or moved into the city; or
(3)
Violates any provision of this section.
(Ordinance 997, sec. 9, adopted 5/16/05)
§ 110-552 Wind energy systems.
(a)
Definition.
In this section, wind energy system or system means a wind-driven energy conversion system that converts wind energy into electricity through the use of wind energy that drives a wind turbine, that has a rated capacity of not more than ten kw output at any given time, and that is intended for on-site production and consumption of electricity.
(b)
General regulations.
The following general regulations apply to all wind energy systems located within any approved district. A wind energy system lawfully in existence at the time of the enactment of this section shall not be required to meet the requirements established herein. Nothing contained in this section is intended to supersede the provisions of any applicable deed restrictions.
(c)
Limitation on number of units per property.
One unit per property will be authorized.
(1)
Required plans and specifications.
In addition to the submittals otherwise required upon making application for a building permit, the application for a building permit for a wind energy system must be accompanied by:
a.
A site plan of the proposed wind energy system, which shall include:
1.
A survey or a scaled drawing of the site on which the proposed wind energy system will be constructed;
2.
A plan view layout of the proposed wind energy system clearly showing:
4.
A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms with the edition of the National Electrical Code in effect at the time of construction.
b.
Standard installation drawing of the wind turbine structure, including the tower base, and footings, if any.
c.
If the system is mounted on a tower, either an engineering analysis of the tower or a copy of the manufacturing specifications demonstrating compliance of the system with the edition of the International Residential Code in effect at the time of construction. An engineering analysis shall be certified by a licensed professional engineer registered in the State of Texas.
(2)
Construction standards.
A wind energy system shall be installed according to the manufacturer’s recommendations or under the seal of a professional engineer registered by the State of Texas.
(3)
Maximum height.
Subject to the height limitations imposed by the setback requirements prescribed in subsection (c)(4), below for other than a roof-mounted installation, the maximum height of the system shall not exceed 40 feet from ground level to the topmost portion of the system inclusive of the turbine and blades. For horizontally-mounted (vertically-spinning) turbines, the measurement of maximum height shall be made by measuring to the center of the turbine shaft and then adding the length of a blade. Additionally, no system when installed shall exceed the height recommended by the manufacturer or the distributor of the system.
(4)
Location and setback.
A tower-mounted wind energy system shall be anchored only in the rear yard of the lot on which the system is located. A tower-mounted system may not be located nearer to a side or rear lot line than the height of the system, inclusive of turbine blades. No part of a wind energy system, including blades or guy wire anchors, may protrude across the property line.
(5)
Primary structure required.
A wind energy system may exist only as a secondary use. A wind energy system may not be erected on a lot until a primary structure has been constructed.
(6)
Sound pressure levels.
Sound pressure levels produced by the operation of a wind energy system shall not exceed 60 decibels at any point along the property line.
(7)
Lighting.
All lighting not required by Federal Aviation Administration (“FAA”) regulation is prohibited not including, however, operational lighting installed by the manufacturer of the system as original equipment.
(8)
Signs.
No advertising or other signs shall be placed on a wind energy system.
(9)
Prohibited in easements.
No portion of a wind energy system shall be located in, on or across a public easement unless authorized by the easement holder.
(10)
Notice to utility company on grid-interconnected systems.
No grid-interconnected wind energy system shall be installed until evidence has been provided the city that the appropriate electric power provider has been informed of the customer’s intent to install a grid-connected customer-owned wind energy system and that the customer’s system meets the utility’s approved specifications for interconnection. If a system will interconnect through City of Llano, the system shall conform to the provision of the City of Llano’s Distributed Generation Ordinance.
(11)
Roof-mounted systems.
Any system designed to be mounted on the roof of a structure that does not extend more than 60 inches above the roof line shall not be required to comply with the provisions of subsections (c)(1)a.1., (c)(1)a.2., (c)(3) and (c)(4) of this section.
(12)
Rated capacity.
Any system will have a rated capacity up to and to not exceed ten kw output at any given time.
(d)
Maintenance and abandonment.
(1)
A wind energy system shall be maintained at all times according to the manufacture’s specifications.
(2)
A wind energy system that has become unstable, leans significantly out-of-plumb, or that poses a danger of collapse shall be removed or brought into repair within 60 days following notice by the building official to the owner of the lot upon which the system is located. The building official may order immediate repairs in the event of imminent collapse. Failure to make the required repairs within the time provided is an offense.
(3)
If the owner of a wind energy system plans to abandon or discontinue, or is required to discontinue, the operation of the system, the owner shall notify the building official by certified U.S. Mail of the proposed date of abandonment or discontinuation. Such notice shall be given no less than 30 days prior to abandonment or discontinuation.
a.
In the event that an owner fails to give such notice, the wind energy system shall be considered abandoned if the wind energy system is not operated for a continuous period of six months.
b.
Upon abandonment or discontinuation of use, the property owner shall physically remove the wind energy system within 90 days from the date of abandonment or discontinuance of work. “Physically remove” includes, without limitation, the actual, complete removal of the tower, turbine and all other components of the wind energy system for the site of the original installation.
(Ordinance 1173, sec. 2, adopted 12/6/10)
§ 110-553 Bed and breakfast.
(a)
In addition to the requirements of section 110-431, an application requesting a specific use permit for a bed and breakfast must include a bed and breakfast compliance permit. The compliance permit may be acquired from the Llano Building Permit Department.
(b)
The Llano Building Permit Department shall create an application for the bed and breakfast compliance permit. Said application shall contain: the name of the applicant; name of the owner of the property and documentation showing any corporate structure or DBA being used by the bed and breakfast; address of the property; diagram showing the proposed layout of the property including, but not limited to, signage conforming to the requirements of the city’s sign ordinance, type of outdoor lighting to be used, and parking; overview of any food service to be provided; and any other information deemed necessary by the Llano Building Permit Department.
(c)
To acquire a specific use permit for a bed and breakfast the applicant must also show that:
(1)
To the extent required by state law, the operator of the bed and breakfast has acquired a valid food handlers certification or is in the process of acquiring one;
(2)
The bed and breakfast facilities comply with all state and City of Llano building, maintenance, and fire codes;
(3)
Any external lighting is shielded from adjoining properties; and
(4)
If guests are allowed to bring pets there is a fenced area for the pets.
(Ordinance 1369, sec. II, adopted 3/19/18)
§ 110-554 Mobile food vendors.
(a)
General.
(1)
Popular name.
This section may commonly be referred to as the “mobile food vendor ordinance.”
(2)
Purpose.
This section is adopted so that the city council may enact the appropriate administrative and regulatory rules and procedures pertaining to mobile food vendors.
(3)
Scope of jurisdiction.
All of the provisions of this article shall apply within the city limits (i.e., incorporated municipal boundary) of the city.
(4) City limits. Food court. Food establishment.a. b. Location. Mobile food establishment. Mobile store/mobile vendor. Permit. Site.
Definitions.
The incorporated municipal boundary of the city.
Two or more mobile food vendors in the same location.
An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption:
Such as a restaurant; retail food store; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or food bank; and
That relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
A mobile food vendor must relocate at least 2,000 feet from its current work location in order to not be considered located in the “same location.”
A vehicle-mounted food establishment that is readily moveable.
A vehicle-mounted retail store that is readily moveable and provides goods and/or services directly to a consumer. A mobile store includes (but is not limited to) a self-propelled motor vehicle or trailer, including a recreational vehicle, motor home, travel trailer or camper trailer. A mobile food establishment is an example of a mobile store. The term mobile store includes a mobile vendor.
A license, certificate, approval, registration, consent, contract or other form of authorization required by law, rule, regulation, order or ordinance that a person shall obtain to perform an action or initiate, continue, or complete a project for which the permit is sought.
A platted or unplatted lot in the city limits treated as a single tract for purposes of the assessment of property taxes. A site may be identified by its address, or legal property description.
(5)
Water and electricity.
a.
Water provided or used by the mobile food vendor shall not come from a temporary connection to potable water.
b.
Electricity shall be only from an electrical outlet via a portable cord that conforms to the city’s electrical code and permitted by any provider.
c.
The use of a generator for electricity is prohibited, except when located more than 250 feet from any existing residence or commercial operation.
(7)
Trash.
All mobile food vendors shall:
a.
Be equipped with an attached trash receptacle approved by the city staff;
b.
Hold, store, and dispose of solid and liquid waste in a lidded receptacle approved by the city and that complies with any other applicable city code requirements;
c.
Provide a lidded trash receptacle for use by customers; and
d.
Maintain the area around the mobile unit clear of litter and debris at all times.
(8)
Provisions.
a.
All mobile food vendors shall comply with all city and state adopted health regulations regarding:
1.
Time, temperature, plumbing, operation and maintenance requirements for mobile food establishments;
2.
A mandatory central preparation facility, serving area, and operations;
3.
All requirements prohibiting alteration, removal, attachments, placement or change in, under, or upon the mobile food establishment that would prevent or otherwise reduce ready mobility of the mobile food establishment unit.
b.
All mobile food vendors shall acquire a food handling permit from a training program of the American National Standards Institute or Department of State Health Services; but rules are more substantial, as deemed appropriate by the city, if vendor is at a same location for at least 10 days out of a month.
c.
The city may require a mobile food vendor to appear, on an annual basis, to a location designated by the health authority for an inspection.
d.
The city may require that mobile food vendors found to violate this section to appear for a reinspection at a location designated by the city.
e.
All mobile food vendors are required to store all food and supplies within the mobile unit, no outside storage will be allowed.
f.
All mobile food vendors are required to have displayed, on the mobile unit, the proper city-issued permits in order to operate within the city.
g.
All mobile food vendors are permitted to operate only in the Commercial, Central Business, Northern Business zoning districts, and Robinson and Badu Parks specified in Llano Code of Ordinances, chapter 110, division 4, section 451 (zoning use table).
h.
All mobile food vendors are prohibited from serving between the hours of 11:00 p.m. and 6:00 a.m.
i.
All mobile food vendors are prohibited from being located within 100 feet of a restaurant of general use or a restaurant of limited use unless granted permission from all said restaurants.
j.
A drive-in service is not permitted for any mobile food vendor.
k.
All mobile food vendors shall comply with the federal Americans with Disabilities Act.
(9)
Enforcement.
a.
Civil and criminal penalties.
The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.
b.
Criminal offense.
1.
It is a criminal offense to erect, install, park or operate a mobile food store in violation of this article.
2.
Per section 6.02(b) of the Texas Penal Code, an offense under this article is a strict liability offense requiring no showing of a culpable mental state.
3.
An offense under this article is a misdemeanor punishable by a fine not to exceed two thousand dollars ($2,000.00/day).
c.
Civil remedies.
Nothing in this article shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including, but not limited to the following:
1.
Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article;
2.
A civil penalty up to five hundred dollars ($500.00) a day when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and
3.
Other available relief.
(b)
Permits, prohibitions, and exceptions.
(1)
City authority.
The city’s acceptance, review, and approval of all permits for mobile vendors is hereby enacted.
(2)
Permit required.
It is an offense for a person to erect, install, park, or operate a mobile food store in the city limits without a vendor permit, obtained from the city’s police department.
(c)
Food court.
(1)
Permit application.
A person who seeks to operate a mobile food establishment, or a mobile food court, shall:
a.
Submit a written application to the city code enforcement office, which shall include the following information:
1.
Zoning district for proposed mobile food vendor location
2.
Map of location and diagram/concept plan
3.
Proposed signage
4.
Copy of event permit, if applicable
5.
Parking plan
6.
Access to roads/driveways
7.
Any variances or special exceptions being requested
8.
Utilities specifications (water, sewer/septic, gas, electricity)
9.
Bathroom access
10.
Proposed hours and days of operation
11.
Solid waste disposal (both for mobile food vendor and trash receptacle for patrons)
12.
Location and name of individual mobile food vendors, if more than one vendor is requested.
13.
Additional information as required by staff if deemed necessary
(2)
Tax certificate.
Mobile food vendors shall possess, during hours of operation, a tax certificate showed as paid.
(3)
Permit revocation.
A vendor permit shall be revoked if any of the provisions of this article are not strictly adhered to.
(4)
Restrooms.
All mobile food vendor courts with multiple vendors shall provide city-approved restrooms for customers.
(5)
Special event temporary food court.
A mobile food court at which no mobile food vendor shall be in place for more than 10 days may apply for a permit, but only in districts in which a mobile food court is allowed in the use chart. Temporary food courts shall provide all information required before establishing the temporary food court.
(Ordinance 1403 adopted 10/21/19)
§ 110-555 Short-term rentals.
In addition to the requirements of section 110-431, an application requesting a specific use permit shall have the following additional criteria applied:
(1)
Compatibility with existing or permitted uses on abutting sites or within the area of the proposed use;
(3)
The property affected by the request is within an C, NBD, CBD, SF-1, SF-2, SF-3, or SF-4 zoning district;
(4)
The property affected by the application, if granted, will not substantially impact, affect, or impair the underlying character or usage within the zoned district in which the property is located;
(5)
The application if granted will have no adverse effect on any property within two hundred feet (200') of the affected property and is not immediately adjacent to another short-term rental;
(6)
The proposed property occupancy relative to the size of the property;
(7)
The applicants' consent and agreement to operate in accordance with the other requirements for short-term rentals set forth in this code the city; and
(8)
The application if granted will not result in permitting more than twenty percent (20%) of the primary residences in a city square block or similar geographic area as short-term rentals.
(Ordinance 1509 adopted 12/18/2023)
§ 110-571 Established.
(a)
In a residence or apartment district, an accessory building is a subordinate or incidental building, attached to or detached from the main building, without separate kitchen facilities, not used for commercial purposes and not rented. In other districts, an accessory building is a subordinate building, the use of which is incidental to and used only in conjunction with the main building.
(b)
Accessory dwelling units in the A district shall be allowed as an incidental residential use of a building on the same lot or tract as the main dwelling unit, and used by the same persons of the immediate family when approved as a specific use permit, and shall meet the following standards:
(1)
The accessory dwelling unit must be constructed to the rear of the main dwelling, separate from where the main dwelling is constructed. Each lot must have a minimum of one-half acre upon which an accessory dwelling unit may be constructed.
(2)
The accessory dwelling unit may be constructed only with the issuance of a building permit.
(3)
The accessory dwelling unit may not be sold separately from the sale of the entire property, including the main dwelling unit, and shall not be sublet.
(4)
Setback requirements for the accessory dwelling unit shall be the same as for the main structure.
(5)
An accessory building may not be built without a main building constructed on the lot with the accessory building.
(c)
Accessory building yard requirements in the GR district shall be the same as the main building unless approved by the planning and zoning commission and city council on a site plan for the multifamily development. Accessory building yard requirements for all other residential districts for RE-2F, including MH, shall be as follows:
(Ordinance 735, sec. I(23), adopted 7/21/97)
§ 110-591 Purpose.
The minimum off-street parking and loading requirements set forth in the schedules and provisions of this division shall be provided to:
(1)
Secure safety from fire, panic and other dangers;
(2)
Lessen congestion on public streets;
(3)
Facilitate the adequate provisions of transportation;
(4)
Conserve the value of buildings; and
(5)
Encourage the most appropriate use of land.
(Ordinance 735, sec. I(21.1), adopted 7/21/97)
§ 110-592 Special provision off-street and on-street parking regulations.
(a)
Off-street parking provisions for nonresidential and MF districts.
The following special off-street parking provisions shall be applicable in nonresidential and MF districts:
(1)
In nonresidential districts, all required parking shall be provided on paved concrete or other similar impervious surface, if approved by the city council.
(2)
Each standard off-street surface parking space size for 90-degree parking shall be a minimum of nine feet in width and 20 feet in depth.
(3)
Handicap parking spaces shall be provided according to the state program for the elimination of architectural barriers, and shall conform to the Americans With Disabilities Act (ADA) of 1991 accessibility guidelines, as amended, or the Uniform Federal Accessibility Standards.
(b)
On-street parking regulations for NBD districts.
Parking regulations will be considered and site plans required when building in the NBD districts. On street parking may be approved on a case-by-case basis when on street parking does not create an unsafe condition for emergency services such as police, fire and EMS and excessive congestion of vehicular traffic. If special provisions cannot be met, must comply with section 110-593, pertaining to parking requirements based on use.
(Ordinance 735, sec. I(21.2), adopted 7/21/97; Ordinance 1039, sec. 4(21.2), adopted 5/1/06)
§ 110-593 Parking requirements based on use.
In all zoning districts, off-street parking space shall be provided at the time any building or structure is erected or structurally altered, in accordance with the following requirements:
Auto laundry or car wash, self-serve | One space per 500 square feet of gross floor area |
Bank, savings and loan or similar institution | One space per 300 square feet of gross floor area |
Bed and breakfast facility | One space per guest room, in addition to the requirements for a normal residential use |
Bowling alley | Six parking spaces for each alley or lane |
Bus, automobile or truck repair, parking or storage area, or garage | One space for each 200 square feet of floor area or repair garage, with a minimum of five spaces |
Business or professional office, general | One space per 300 square feet of gross floor area, except as otherwise specified in this section |
Church, rectory or other place of worship | One space for each four seats in the main auditorium |
Commercial amusement | One space per three guests or one space per 100 square feet of gross floor area, whichever is greater |
Community center, library, museum or art gallery | One space per 200 square feet of floor area, plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided, on the basis of one space for each four seats contained in such auditorium |
Country club or golf club | One space for each 150 square feet of floor area or for every five members, whichever is greater |
Dancehall, assembly or exhibition hall, without fixed seats | One space for each 200 square feet of floor area |
Day nursery | One space per ten pupils, plus one space per teacher |
Dwellings, multifamily | Two spaces per one- and two-bedroom units, and 21/2 spaces per three-bedroom unit |
Dwellings, single-family and duplex | Two spaces per unit |
Flea market | One space for each 600 square feet of site area. Dirt or gravel parking lots are not permitted |
Food and beverage service, drive-in, fast food or takeout restaurant | Eight spaces, plus one space for each 50 square feet of seating area |
Furniture store, appliance store, hardware store, wholesale establishment, machinery or equipment sales and service, clothing or shoe repair or service | Two spaces, plus one additional space for each 300 square feet of floor area over 1,000 square feet |
Gasoline station or convenience store | Minimum of three spaces for employees. Adequate space shall be provided for waiting, stacking and maneuvering automobiles for refueling |
Golf course | Five spaces per hole |
Health studio or club | One space per 200 square feet of exercise area |
Hospital | One space per employee on the largest shift, plus one space per each bed or examination room, whichever is applicable |
Kindergarten, day school and similar child training and care establishment | One paved off-street loading and unloading space for an automobile on a through circular drive for each ten students |
Lodge or fraternal organization | One space per 200 square feet of floor area |
Manufactured housing park | Two spaces for each dwelling unit, plus additional spaces as required in this division for accessory uses |
Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse, printing or plumbing shop, or similar establishment | One parking space for each employee on the maximum working shift, plus space to accommodate all trucks and other vehicles used in connection with such business, but not less than one parking space for each 1,000 square feet of floor area |
Medical or dental office | One space per 200 square feet of floor area |
Miniwarehouse | Four spaces per complex, plus one additional space per 10,000 square feet of storage area |
Mortuary or funeral home | One parking space for each 50 square feet of floor space in slumber rooms, parlors or individual funeral service rooms |
Motel | One space for each sleeping room or suite, plus one additional space for each 200 square feet of commercial floor area contained therein |
Motor vehicle salesroom, machinery and used car lot | One space for each 500 square feet of sales floor for indoor uses, or one parking space for each 2,000 square feet of lot area for outdoor uses |
Nursing home | One space per five beds and one space for each day staff member |
Restaurant, private club, nightclub, cafe or similar recreation or amusement establishment | Four spaces, plus one parking space for each 100 square feet of floor area |
Retail store or personal service establishment | One space per 200 square feet of gross floor area, except as otherwise specified in this section |
Roominghouse or boardinghouse | One space for each sleeping room |
Sanitarium, convalescent home, home for the aged or similar institution | One space for each five beds |
School, elementary | One space for each 20 students (design capacity) |
School, high | One space for each three students, faculty and staff (design capacity) |
School, secondary or middle | One space for each 15 students (design capacity) |
Theater, sports arena, stadium, gymnasium or auditorium, except school | One space for each three seats or bench seating spaces |
Truckstops | One truck parking space for each 10,000 square feet of site area, plus one vehicle parking space per 200 square feet of building area |
Warehouse, wholesale, mini, manufacturing and other industrial type uses | One space per 1,000 square feet of gross floor area |
(Ordinance 735, sec. I(21.3), adopted 7/21/97)
§ 110-594 Rules for computing number of parking spaces.
The following rules shall govern the computation of the number of parking spaces required for each of the uses set forth in section 110-593:
(1)
The term “floor area” means the gross floor area of the specific use.
(2)
Where fractional spaces result, the parking spaces required shall be constructed to be the nearest whole number.
(3)
The parking space requirements for a use not specifically listed in section 110-593 shall be the same as required for a use of a similar nature.
(4)
Where a tenant or business’ lot width is not sufficient to meet the provisions of section 110-593, the tenant or business may utilize on street parking where the provisions of section 110-593 cannot be met (see section 110-592), as long as the tenant or business provide the maximum number of parking spaces and handicap spaces based on the front yard width. An example would be; when a tenant or business has a 50-foot lot width, they would be required to put four off street parking spaces for 90-degree parking, nine feet in width, 20 feet in depth and one ADA compliant space.
(Ordinance 735, sec. I(21.4), adopted 7/21/97; Ordinance 1039, sec. 4(21.4), adopted 5/1/06)
§ 110-595 Fire lanes.
Fire lane easements shall be provided in accordance with the applicable city fire code.
(Ordinance 735, sec. I(21.5), adopted 7/21/97)
§ 110-621 Purpose.
The standards set forth in this division for new developments are intended to encourage the appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and types of various screening devices to be used, when required, in the various zoning districts or in this division in accordance with the standards set forth in this division.
(Ordinance 735, sec. I(25.1), adopted 7/21/97)
§ 110-622 Location of required screening.
(a)
When a boundary of a nonresidential zoning district sides or backs upon an SF or GR district, a solid screening wall or fence of not less than six feet nor more than eight feet in height shall be erected on the property line separating the districts. The purpose of the screening wall or fence is to provide a visual barrier between the properties. The owner of such property of the lesser restrictive use shall be responsible for, and shall build, the required wall or fence on his property line dividing his property from the more restrictive zoning district. In cases where the city staff finds such requirement to be better met by an irrigated living screen, such irrigated living screen may be substituted for the screening wall after a landscape plan has been prepared to demonstrate equal visual screening.
(c)
The standards set forth in subsection (b) of this section shall not apply to new and used automobile dealers and similar facilities requiring outdoor display of vehicles or equipment for sale.
(d)
In all districts where screening of open storage is required, such screening shall be required only for areas used for open storage. A six-foot high fence shall be provided and maintained at the property line adjacent to the area to be screened. Screening materials used for open storage areas may be of materials approved by the city.
(Ordinance 735, sec. I(25.2), adopted 7/21/97)
§ 110-641 Required.
(a)
No permit shall be issued for the construction of a building upon any tract or plot until a building site, tract or lot has been created by compliance with one of the following conditions:
(1)
The lot or tract is part of a plat of record, properly approved by the planning and zoning commission, and filed in the plat records of the county as may be applicable by the location of the property.
(2)
The plat, tract or lot faces upon a dedicated street, and was separately owned prior to annexation to the city, in which event, a building permit for only one main building conforming to all the requirements of this chapter may be issued on each such original separately owned parcel without first complying with subsection (a)(1) of this section.
(3)
The plat or tract is all or part of a site plan officially approved by the city council, and compliance has been made with provisions and improvements approved on such site plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land.
(b)
No building erected, converted or structurally altered shall be used or occupied until a certificate of occupancy has been issued by the building official, which signifies compliance with the appropriate zoning district requirements.
(Ordinance 735, sec. I(27), adopted 7/21/97)
§ 110-661 Purpose.
The purpose of site plan approval is to establish a procedure for coordinating improvements to properties in the R district, other than single-family or two-family use. Through site plan approval, zoning standards and other applicable municipal standards or ordinances which may apply to specific site development can be uniformly implemented by the planning and zoning commission and city council. Such procedure is intended to promote, among other things, the efficient and harmonious use of land, safe and efficient vehicular and pedestrian circulation, parking and loading, lighting, screening and landscaping.
(Ordinance 735, sec. I(24.1), adopted 7/21/97)
§ 110-662 Procedure.
(a)
Submittal.
A site plan shall be submitted to the planning and zoning commission and city council for approval prior to issuance of a building permit on any property, other than residential, in the R district.
(b)
Approval.
A site plan shall be approved by the planning and zoning commission and city council unless the city council designates the planning and zoning commission to administer site plan review and approval.
(c)
Certificate of occupancy.
A certificate of occupancy shall not be issued by the building official until all provisions of the approved site plan are complied with by the applicant for the building permit.
(Ordinance 735, sec. I(24.2), adopted 7/21/97)
§ 110-663 Elements required for review.
A site plan shall be accurately and legibly drawn to scale with dimensions, and shall show the following items, as may be applicable, for review of the proposed improvements:
(1)
Point of reference to accurately locate the site;
(2)
Boundary of the existing property;
(3)
Existing and/or proposed buildings;
(4)
Proposed occupancy;
(5)
Parking layout and drives;
(6)
Means of ingress and egress;
(7)
Loading areas;
(8)
Fire lanes;
(9)
Areas to be landscaped;
(10)
Screening;
(11)
Public and private sidewalks;
(12)
Refuse facilities with screening;
(13)
Adjoining streets and alleys, including curbs, medians and storm drains;
(14)
Drainage, electric, telephone, gas, cable television or other utility easements;
(15)
Zoning;
(16)
Size of buildings;
(17)
Computations of building area for each occupancy, site area and parking ratio;
(18)
Other such information as considered essential by the planning and zoning commission or city council;
(19)
Existing or proposed water and sanitary sewer lines; and
(20)
Sign locations.
(Ordinance 735, sec. I(24.3), adopted 7/21/97)
§ 110-664 Changing use.
A site plan shall be required when the use of property is changed from a residential use to a permitted use as set forth for the R district in article III, division 4 of this chapter.
(Ordinance 735, sec. I(24.4), adopted 7/21/97)
§ 110-691 Requirements.
(a)
The planning and zoning commission shall not approve any plat of any subdivision within the city limits until the area covered by the proposed plat shall have been permanently zoned by the city council. A plat may be approved on land with the A, agricultural district designation if the proposed use of the property is determined to be the permanent use of the property.
(b)
The planning and zoning commission shall not approve any plat or subdivision within any area where a petition or ordinance for annexation, or a recommendation for annexation to the city, is pending before the city council, unless and until such annexation shall have been approved by ordinance of the city council.
(Ordinance 735, sec. I(26), adopted 7/21/97)