Lockhart City Zoning Code
ARTICLE VII
- ZONING DISTRICTS AND STANDARDS4
Editor's note— Formerly entitled "Zoning Districts". Renamed as set out herein by Ord. No. 2012-12, § II, adopted June 5, 2012.
Sec. 64-196. - Establishment of zoning districts.
(a)
If a use is not listed in any district it is prohibited unless interpreted by the zoning administrator to be the same in function and impact to a listed use, or unless deferred at the administrator's discretion to the planning and zoning commission for a determination as to whether or not the use is appropriate either by-right or as a specific use in one or more districts, as authorized in subsection 64-93(c)(7).
(b)
Agricultural-open space district (AO). This district includes all lands within the city not otherwise zoned, which are unsubdivided, and which are relatively undeveloped. Land annexed by the city shall be considered within this district until action is taken to zone various portions to some more restrictive or desirable district.
(1)
The following uses are allowed by-right:
a.
Dwelling, single-family.
b.
Home occupations.
c.
Crop production.
d.
Livestock production, excluding feedlots and/or more than one animal facility exceeding 1,000 square feet of roofed area.
e.
Plant nurseries, gardens, and greenhouses, including those for commercial purposes.
f.
Wireless telecommunication facility—Low impact, subject to the requirements of section 64-202.
g.
Bed and breakfast inn.
(2)
The following uses require a specific use permit:
a.
Country club.
b.
Golf courses, excluding commercial miniature golf courses unless included as a part of a larger facility.
c.
Campgrounds, outdoor recreation areas, and commercial amusements primarily requiring open areas.
d.
Barns, stables, and pens for livestock.
e.
Rodeo and riding facilities.
f.
Livestock production facilities, excluding processing.
g.
Poultry production facilities, excluding processing.
h.
All uses permitted in the public and institutional district.
i.
All uses permitted in the planned development district.
j.
Wireless telecommunication facility—High impact, subject to the requirements of section 64-202.
k.
Recreational vehicle park.
l.
Commercial outdoor archery range.
m.
Cabin resort.
n.
Veterinary hospital, wildlife rehabilitation, and kennels with outside pens or stables for birds, domestic animals, and small wildlife.
o.
Zoo or other outdoor facility for all types of wildlife.
(c)
Public and institutional district (PI).
(1)
The following uses are allowed by-right:
a.
Wireless telecommunication facility—Low impact, subject to the requirements of section 64-202.
b.
Church or other religious facility.
c.
Charitable institutions not containing transient facilities.
d.
Any municipal, county, state or federal facility.
e.
Any public utility or other quasi-governmental facility.
f.
Hospitals, nursing homes, or other institutions for the treatment and care of the physically or mentally infirm or impaired.
g.
Public transportation facilities and associated commercial activities.
h.
Electronic transmission and/or reception facilities, except broadcast studios.
i.
Cemeteries.
j.
Funeral homes and mortuaries, except that crematoria cannot be adjacent to any R or C district.
k.
Community meeting and/or recreation facilities.
l.
Group homes.
m.
Assisted living facility.
n.
Outdoor market.
o.
Special events center.
(2)
The following uses require a specific use permit:
a.
Public or private school or other educational institution.
b.
Detention facilities and/or treatment facilities for addiction.
c.
Wireless telecommunication facility—High impact, subject to the requirements of section 64-202.
d.
Zoo or other outdoor facility for all types of wildlife.
(d)
Residential low density district (RLD) (formerly R-1). This district provides low population density areas within the city which are limited to tracts with single dwelling units, having a single principal structure with necessary accessory buildings for residential purposes and associated specific uses.
(1)
Development types allowed within this district: single-family-1, SF-1.
(2)
The following development types permitted within this district require a specific use permit: None.
(3)
The following uses are allowed by-right:
a.
Dwelling, single-family.
b.
Home occupation.
c.
Temporary real estate sales office in a structure intended for permanent occupancy as a dwelling in a new subdivision.
(4)
The following uses require a specific use permit:
a.
All uses permitted in the public and institutional district.
b.
All uses permitted in the planned development district.
c.
Wireless telecommunication facility—Low impact, subject to the requirements of section 64-202.
d.
Bed and breakfast inn.
e.
Accessory dwelling unit—Limited.
(e)
Residential medium density district (RMD) (formerly R-2). This district provides medium population density areas within the city which allows for tracts with either single or multiple dwelling units, having a single principal structure with necessary accessory buildings for residential purposes and associated specific uses.
(1)
Development types allowed in this district:
a.
Single-family-1, SF-1.
b.
Single-family-2, SF-2.
c.
Duplex family-1, DF-1.
d.
Patio home-1, PH-1.
(2)
The following development types permitted within this district require a specific use permit:
a.
Townhouse-1, TH-1.
b.
Patio home-2, PH-2.
c.
Combined family-1, CF-1.
d.
Condominium-1, CM-1.
e.
Duplex family-2, DF-2.
(3)
The following uses are allowed by-right:
a.
Dwellings of the development type allowed within this district.
b.
Home occupations.
c.
Accessory dwelling unit—Limited.
d.
Temporary real estate sales office in a structure intended for permanent occupancy as a dwelling in a new subdivision.
(4)
The following uses require a specific use permit:
a.
Dwellings of the development type permitted within this district.
b.
Reserved.
c.
Child care center, in detached structure only.
d.
All uses permitted in the public and institutional district.
e.
All uses permitted in the planned development district.
f.
Wireless telecommunication facility—Low impact, subject to the requirements of section 64-202.
g.
Lodging or boarding house.
h.
Bed and breakfast inn.
i.
Accessory dwelling unit—General.
(f)
Residential high density district (RHD) (formerly R-3). This district provides high population density areas within the city which allow for tracts with either single or multiple dwelling units, with either single or multiple principal structures with necessary accessory buildings for residential purposes and associated specific uses.
(1)
Development types allowed within this district:
a.
Single-family-1, SF-1.
b.
Single-family-2, SF-2.
c.
Duplex family-1, DF-1.
d.
Duplex family-2, DF-2.
e.
Patio home-1, PH-1.
f.
Patio home-2, PH-2.
g.
Combined family-1, CF-1.
h.
Townhouse-1, TH-1.
i.
Condominium-1, CM-1.
j.
Multifamily-1, MF-1.
(2)
The following development types permitted within this district require a specific use permit:
a.
Combined family-2, CF-2.
b.
Townhouse-2, TH-2.
c.
Condominium-2, CM-2.
d.
Multifamily-2, MF-2.
(3)
The following uses are allowed by-right:
a.
Dwellings of the development type allowed within this district.
b.
Home occupations, except in MF-2.
c.
Lodging or boarding house.
d.
Bed and breakfast inn.
e.
Accessory dwelling unit—Limited.
f.
Accessory dwelling unit—General.
g.
Temporary real estate sales office in a structure intended for permanent occupancy as a dwelling in a new subdivision.
(4)
The following uses require a specific use permit:
a.
Dwellings of the development type permitted within this district.
b.
Reserved.
c.
Child care center, in detached structure only.
d.
All uses permitted in the public and institutional district.
e.
All uses permitted in the planned development district.
f.
Wireless telecommunication facility—Low impact, subject to the requirements of section 64-202.
(g)
Commercial light business district (CLB).
(1)
The following uses are allowed by-right:
a.
Public or private school or other educational institution.
b.
Health care provisions, services and supply. No inpatient care.
c.
Professional, corporate and administrative service offices.
d.
Personal service establishments.
e.
Art, music, dance, photo and personal and professional studios, salons and learning centers.
f.
Wireless telecommunication facility—Low impact, subject to the requirements of section 64-202.
g.
Child care center.
h.
Bed and breakfast inn.
i.
Parking lot or garage as a principal use abutting a residential district on no more than one boundary of the property.
j.
Fitness center.
k.
Financial institution with no drive-up service other than ATM.
(2)
The following uses require a specific use permit:
a.
Eating establishments, not of the drive-in or drive-up type, and excluding on-premises consumption of alcoholic beverages.
b.
Household service establishments. No open storage.
c.
Retail stores, excluding sales of vehicle fuel and excluding sales of alcoholic beverages except in grocery stores for off-premises consumption, and where all inventory is within an enclosed building.
d.
Business service establishments.
e.
All uses permitted in the public and institutional district.
f.
All uses permitted in the planned development district.
g.
Mixed-use building.
h.
Financial institution with drive-up service.
i.
Telecommunication center or agency for customer service, technical support, or telemarketing operations.
j.
Parking lot or garage as a principal use abutting a residential district on two or more boundaries of the property.
(3)
The commission will make a determination concerning any use not clearly compatible within this zoning district or when there is any question by the zoning administrator or by the applicant concerning the appropriate zoning classification required for any use.
(h)
Commercial central business district (CCB). This district is limited to that portion of the city which is generally within one full block of the courthouse square, and is specifically delineated on the official zoning map. This district provides for retail marketing and sales, professional and financial services, governmental offices and similar services.
(1)
The following uses are allowed by-right:
a.
All uses allowed by-right or with a specific use permit in the CLB district except those listed in subsections (g)(2)e, (g)(2)f, (g)(2)g, and (g)(2)i.
b.
Business service establishments.
c.
Financial institutions and offices.
d.
Furniture, appliance, and vehicle parts sales. All repair areas shall be enclosed.
e.
Wireless telecommunication facility—Low impact, subject to the requirements of section 64-202.
f.
Indoor recreation, entertainment, and amusement facilities.
g.
Tattoo parlor and body art facilities.
(2)
The following uses require a specific use permit:
a.
Mixed-use building.
b.
Commercial processing or printing. No pollutant emissions.
c.
Bingo parlor.
d.
Parking lot or garage.
e.
All uses permitted in the public and institutional district.
f.
Telecommunication center or agency for customer service, technical support, or telemarketing operations.
g.
Light assembly/fabrication or custom handicraft manufacturing.
h.
Food processing and preparation plants open to the public for retail sales at least 24 hours per week.
i.
Small engine repair.
j.
Bar, tavern or lounge.
k.
Cabinet or upholstery shop.
l.
Hotel.
m.
Arcade.
(3)
The commission will make a determination concerning any use not clearly compatible within this zoning district or when there is any question by the zoning administrator or by the applicant concerning the appropriate zoning classification required for any use.
(i)
Commercial medium business district (CMB) (formerly C-2).
(1)
The following uses are allowed by-right:
a.
All uses allowed by-right or with a specific use permit in the CLB district except those listed in subsection (g)(2)e, (g)(2)f, (g)(2)g, and (g)(2)i.
b.
Retail stores, including sale of vehicle fuel and/or alcoholic beverages.
c.
Reserved.
d.
Parts, light equipment, and motor vehicle sales, rental, maintenance, and services. All repair activities shall be conducted within a fully enclosed building.
e.
Eating establishments of any type, including on-premise consumption of alcoholic beverages.
f.
Shopping mall.
g.
Parking lot or garage.
h.
Veterinary clinics. No outside stables or kennels.
i.
Package sales of alcoholic beverages.
j.
Wireless telecommunication facility—Low impact, subject to the requirements of section 64-202.
k.
Indoor recreation, entertainment, and amusement facilities.
l.
Bingo parlor.
m.
Small engine repair.
n.
Light assembly/fabrication or custom handicraft manufacturing.
(2)
The following uses require a specific use permit:
a.
Mixed-use building.
b.
Commercial processing, printing, laboratory, and research facilities and centers. No pollutant emissions.
c.
Reserved.
d.
All uses permitted in the public and institutional district.
e.
All uses permitted in the planned development district.
f.
Wireless telecommunication facility—High impact, subject to the requirements of section 64-202.
g.
Lumber, building, and construction materials sales and storage (no batch mixing).
h.
Telecommunication center or agency for customer service, technical support, or telemarketing operations.
i.
Commercial outdoor recreation, entertainment and amusement.
j.
Private autopsy facility.
k.
Commercial indoor archery or firearms shooting range.
l.
Limited industrial manufacturing.
m.
Warehousing for local sales and distribution.
n.
Home improvement center with outside display and storage.
o.
Self-storage warehouse facility.
p.
Alternative financial services.
q.
Arcade.
(3)
The commission will make a determination concerning any use not clearly compatible within this zoning district or when there is any question by the zoning administrator or by the applicant concerning the appropriate zoning classification required for any use.
(j)
Commercial heavy business district (CHB) (formerly C-3). This district provides commercial areas within the city for uses which may not be compatible with other commercial districts. See performance standards, section 64-198.
(1)
The following uses are allowed by right:
a.
All uses allowed by right or with a specific use permit in the CLB and CMB districts except those listed in subsections (g)(2)e and (g)(2)f, and those listed in subsections (i)(2)d, (i)(2)e, (i)(2)f, (i)(2)i, (i)(2)j, (i)(2)k, (i)(2)l, and (i)(2)p.
b.
Hotel.
c.
Farm machinery and heavy equipment sales, service, rental and storage.
d.
Lumber, building and construction materials sales and storage. No batch mixing.
e.
Reserved.
f.
Wireless telecommunication facility—Low impact, subject to the requirements of section 64-202.
g.
Sexually-oriented business, subject to the requirements of section 64-201.
h.
Tattoo parlor and body art facilities.
(2)
The following uses require a specific use permit:
a.
Veterinary hospitals and kennels.
b.
Food processing and preparation plants.
c.
Agricultural product processing and sales. No animal processing. No pollutant emissions.
d.
Bars, taverns, lounges and dance halls.
e.
All uses permitted in the public and institutional district.
f.
All uses permitted in the planned development district.
g.
Wireless telecommunication facility—High impact, subject to the requirements of section 64-202.
h.
Manufactured home sales.
i.
Welding or machine shop.
j.
Recreational vehicle park.
k.
Commercial outdoor recreation, entertainment and amusement.
l.
Recycling facility for household recyclable materials only, whereby all material once deposited is completely hidden from view from any street or abutting property, and where any mechanical processing occurs within an enclosed building.
m.
Private autopsy facility.
n.
Commercial indoor archery or firearms shooting range.
o.
Commercial outdoor archery range.
p.
Limited industrial manufacturing.
q.
Cabin resort.
r.
Wild game processing.
s.
Alternative financial services.
t.
Bail bond agency.
u.
Smoke shop/head shop.
v.
Truck stop or travel center/plaza.
(3)
The commission will make a determination concerning any use not clearly compatible within this zoning district or when there is any question by the zoning administrator or by the applicant concerning the appropriate zoning classification required for any use.
(k)
Industrial light district (IL) (formerly M-1). This district provides areas for manufacture of finished products from materials and compounds which have been previously processed, large administrative or technical facilities which may not be appropriate in commercially zoned districts, major repair shops for various types of equipment, large wholesale distribution centers, storage and shipping yards, and those commercial enterprises that directly support or provide services and supplies to such operations. Manufacturing processes which may result in toxic hazards or byproducts are prohibited in this district. See performance standards, section 64-198.
(1)
The following uses are allowed by-right:
a.
Agricultural, mechanical, chemical and electronic equipment manufacturing or processing plants.
b.
Warehouses and terminals.
c.
Research and administrative facilities.
d.
Sales, service and repair facilities not appropriate in a commercially zoned district.
e.
Wireless telecommunication facility—Low impact, subject to the requirements of section 64-202.
f.
Sexually-oriented business, subject to the requirements of section 64-201.
g.
Telecommunication center or agency for customer service, technical support, or telemarketing operations.
h.
Self-storage warehouse facility.
i.
Light assembly/fabrication or custom handicraft manufacturing.
j.
Welding or machine shop.
k.
Food processing and preparations plants.
l.
Private autopsy facility.
m.
Wild game processing.
n.
Storage/shipping yard.
o.
Truck stop or travel center/plaza.
(2)
The following uses require a specific use permit:
a.
Service facilities and suppliers furnishing goods and services primarily within this district.
b.
Restaurants and drive-in convenience stores which provide goods and services primarily within this district.
c.
All uses permitted in the public and institutional district.
d.
All uses permitted in the planned development district.
e.
Wireless telecommunication facility—High impact, subject to the requirements of section 64-202.
f.
Manufactured home sales.
g.
Recycling facility.
h.
Commercial indoor archery or firearms shooting range.
i.
Wholesale auto auction.
j.
Outdoor vehicle storage facility.
(l)
Industrial heavy district (IH) (formerly M-2). This district provides areas for those commercial and industrial facilities which are not generally compatible with uses in other districts, emit particulates or odors which are within the limits provided by the performance standards but may be objectionable to other users, may require on-site facilities to meet appropriate performance standards, or where an industrial accident or spill of toxic material may cause release of a toxic substance proximate to an inhabited area. See performance standards, section 64-198.
(1)
The following uses are allowed by-right:
a.
All uses allowed by-right in the IL district.
b.
Wireless telecommunication facility—Low impact, subject to the requirements of section 64-202.
c.
Wireless telecommunication facility—High impact, subject to the requirements of section 64-202.
d.
Sexually-oriented business, subject to the requirements of section 64-201.
e.
Commercial indoor archery or firearms shooting range.
f.
Outdoor vehicle storage facility.
g.
Batch mixing.
h.
Equipment manufacturing or processing plants.
(2)
The following uses require a specific use permit:
a.
All uses requiring a specific use permit in the IL district except subsections (k)(2)e., and (k)(2)h., which are allowed by-right in this district.
b.
Salvage yards and junkyards.
c.
Bulk storage of petroleum, chemical products or compounds, or agricultural commodities.
d.
Storage and manufacture or processing of products which will not meet those performance standards pertaining to safety.
e.
Wholesale auto auction.
(m)
Manufactured home district (MH). This district provides for the installation of manufactured homes in manufactured home subdivisions and manufactured home parks. Those individual lots within the city presently zoned MH and not within a manufactured home subdivision or manufactured home park as defined in section 64-2 shall revert to the predominant zoning district classification adjacent to said lot upon removal, or by cessation of occupancy by utility disconnection in excess of 30 calendar days, of the existing mobile or manufactured home thereon. The council shall ratify such action by an agenda item ordering amendment of the zoning map (no notice or hearing shall be required other than notification to the owner of the property).
(1)
The following uses are allowed by-right:
a.
Manufactured home in a manufactured home subdivision, in accordance with the requirements of subsection 64-200(a) and subject to the requirements of appendix II for the MH district.
b.
Single-family dwelling in a manufactured home subdivision, subject to the requirements of appendix II for the MH district.
c.
Home occupation in an authorized manufactured home or single-family dwelling.
(2)
The following uses require a specific use permit:
a.
Manufactured home park in accordance with the requirements of subsection 64-200(b) and chapter 34, Code of Ordinances.
b.
All uses permitted in the public and institutional district.
c.
Wireless telecommunication facility—Low impact, subject to the requirements of section 64-202.
(n)
Historic designation (H or HL as per historic preservation ordinance).
(1)
Concurrent historic designation may be appended to the existing or to be changed zoning district designation of property assigned by authority of this chapter. Such historic designation shall be added under the provisions of Code of Ordinances, chapter 28, Historic Districts and Landmarks.
(2)
The planning and zoning commission and the council shall act on all matters pursuant to the use and rezoning of property having a concurrent historic designation. The concurrent historic designation shall remain attached to such property until removed as provided for in the historic districts and landmarks chapter.
(o)
Flood hazard district (FH). This district includes those areas within the city which are within the 100-year flood hazard boundary as defined by the most recent flood insurance rate map as well as those areas which are historically subject to periodic inundation. These areas are generally unsuitable for building sites. Any development within the flood hazard district must meet the criteria of chapter 22, article II, Flood Hazard Areas, Code of Ordinances.
(1)
Uses allowed within this district: None.
(2)
The following permitted uses within this district require a specific use permit: Any use allowed or permitted within the district adjoining the area to be developed.
(p)
Planned development district (PDD). This district provides for a flexible combination of various development types in high-quality master planned districts in any area within the city as a specific use. PDDs shall be superior in design, character, quality, and/or compatibility with surrounding uses to the development possible under the default code, may include various district types, and may be subject to special conditions and regulations as prescribed by the commission or council. See chapter 52, Code of Ordinances, section 64-166 and section 64-198.
(q)
Uses by Zoning District Table. This table summarizes the land uses listed in section 64-196 and displays them by district. In this table, "A" means "Allowed by-right" and "P" means "Permitted subject to a Specific Use Permit approval".
(Code 1982, § 28-7-1; Ord. No. 90-03, pt. 2, 3-6-90; Ord. No. 93-20, pt. 1, 10-19-93; Ord. No. 95-07, pt. 1(C)—(E), 11-7-95; Ord. No. 97-17, §§ I, II, 9-16-97; Ord. No. 97-21, § IV, 10-7-97; Ord. No. 97-34, § I, 12-16-97; Ord. No. 98-08, § I, 4-7-98; Ord. No. 98-20, §§ II, III, 9-1-98; Ord. No. 99-03, § V, 2-16-99; Ord. No. 00-32, § I, 11-7-00; Ord. No. 02-30, § I, 8-7-02; Ord. No. 04-08, § I, 5-18-04; Ord. No. 06-15, § I, 3-7-06; Ord. No. 06-27, § II, 6-20-06; Ord. No. 2009-09, § I, 3-3-09; Ord. No. 2010-19, § I, 7-20-10; Ord. No. 2011-26, § I, 12-6-11; Ord. No. 2015-14, § I, 5-19-15; Ord. No. 2016-08, § II, 3-15-16; Ord. No. 2017-01, § I, 1-3-17; Ord. No. 2021-03, § III, 2-23-21; Ord. No. 2023-02, § III, 1-17-23; Ord. No. 2023-23, § IV, 11-21-23; Ord. No. 2024-14, §§ III—VIII, 7-2-24; Ord. No. 2025-22, § II, 9-16-25)
Sec. 64-197. - Regulations common to all or several districts.
(a)
Every principal structure shall be on a lot having one or more sides abutting a public street or with a private street approved by the city. All structures, other than accessory buildings not connected to any public utility, shall be so located on any lot such that safe and convenient street access is provided.
(b)
No building may be constructed or placed within any required yard.
(c)
The height limitations contained in the schedule of district regulations shall not include spires, belfries, cupolas, antennae, water tanks, ventilators, chimneys, mechanical systems, or other appurtenances usually required to be placed at or above roof level and not intended for human occupancy.
(d)
In any district permitting more than one structure housing an allowed or permitted use to be erected on a single lot, the requirements of that zoning district and the other requirements of this chapter must be met for each structure as though each structure were on an individual lot. Should any structure be severed by sale from the other structures on the lot, the individual lot requirements of this chapter shall be met for the structure within each severance.
(e)
Parking, storage and use of major recreational equipment.
(1)
Major recreational equipment includes all boats, travel trailers and tent trailers, motorized or towed coaches, dwellings, or campers (not including manufactured homes as defined in section 64-2), pickup-mounted camping modules, similar devices used for recreational short-term occupancy, and boxes, cases, or trailers used for transporting recreational equipment, whether or not containing or carrying such equipment.
(2)
Such equipment may be parked or stored on any lot in a residential district, if the equipment is abutting next to the main dwelling, but does not obstruct traffic or pose a traffic hazard.
(3)
Such equipment shall not be parked, nor stored on a public street for more than 24 hours for purposes of loading or unloading. Such equipment shall not be used for living or housekeeping purposes when parked or stored on a residential lot, nor in any other location not approved for such use.
(f)
Screening.
(1)
Buildings having more than four dwelling units per structure within the residential high density district (RHD) shall provide for an opaque wall, screen, or fence at least six feet high along each line adjoining any other development type structure or any other residential district, except along any line which is also a street line.
(2)
Any commercial or any industrial district adjoining any residential district shall provide for an opaque wall, screen, or fence at least six feet high along each adjoining lot line, except along any line which is also a street line.
(3)
Salvage yards or junkyards shall be completely enclosed by an opaque wall, screen, or fence at least eight feet high around those portions of such tract in which the salvage and storage operations are conducted. Such establishments shall also be in conformance and with the standards and requirements of applicable state and federal laws and regulations.
(g)
Minimum parking and loading requirements.
(1)
Off-street parking space consistent with the proposed land use is required in order to reduce inappropriate on-street parking.
a.
In all zoning districts, at the time any building or structure is erected, enlarged, or increased in capacity, or at the time any other use is established, off-street parking spaces for vehicles shall be provided in accordance with the requirements specified herein and in appendices I and II to this chapter.
b.
Parking spaces within off-street parking areas shall have minimum rectangular dimensions of nine feet by 18 feet, exclusive of any area required for access drives or aisles, and shall be of usable shape and location. Each parking space and the maneuvering area thereto shall be located entirely upon private property. Except for single-family and duplex dwellings, there shall be adequate provision for unobstructed ingress and egress to all parking spaces, without backing into public right-of-way. Each single-family and duplex dwelling unit shall have at least one off-street parking space with unobstructed access to the public right-of-way, except that new single-family and duplex dwelling units on a lot greater than 65 feet in width shall each have at least two off-street parking spaces with unobstructed access to the public right-of-way. Manufactured homes on separate, residential lots, and patio homes, shall be considered single-family dwellings for the purpose of these standards.
c.
For any new use, building, or structure, where required off-street parking cannot be provided adjacent thereto, such parking may then be provided on other property within the allowable distance from the building site. Where individual land parcels are not large enough to permit on-site parking, the owners of various parcels may undertake the joint development of the required parking spaces upon a nearby tract. Proof shall be provided to the zoning administrator that such parking arrangements are provisions of any applicable deeds or leasing agreements.
d.
The number of off-street parking spaces required shall be appropriate to the use of the property and shall be determined from appendices I and II and from the applicable portions of this section. If for any reason the number of off-street parking spaces is not readily determinable, the requirement shall be determined by the commission.
e.
All off-street parking areas, including commercial parking lots, automobile, farm equipment, manufactured home, and other open-air sales lots shall meet the following requirements:
1.
All off-street parking in districts zoned other than residential low density and residential medium density shall be separated from the street right-of-way by barrier curbs or by tire stops approved by the city.
2.
All required or provided driveways and off-street parking areas shall be paved with an all-weather surface, such as concrete or with asphalt pavement and concrete curb and gutter. Curb and gutter is not required for driveways serving single-family and duplex dwellings, or where it would interfere with surface drainage, as determined by a civil engineer. Pervious pavers or other masonry pavement systems are permitted in accordance with the manufacturer's specifications. Alternative surfaces, as provided in subsection (g)(1)f., below, may be used in lieu of the normal all-weather standard for: 1) commercial vehicle storage areas; 2) a voluntary upgrade to a nonconforming residential driveway serving a single-family or duplex dwelling where the owner proposes an approved alternative surface that is better than the existing surface; 3) a new driveway or expansion of a driveway serving an existing single-family or duplex dwelling as needed to accommodate one or more vehicles otherwise being parked in a yard area not originally intended as a driveway; and 4) where a building permit is required for remodeling, enlargement, or other alteration of a single-family or duplex dwelling where the owner requests such alternative driveway surface in lieu of the normal all-weather standard (garage and carport floors must be an approved all-weather surface regardless of the type of driveway surface).
3.
Parking spaces and driving lanes shall be so arranged and marked to provide for safe and orderly movement and parking of vehicles.
4.
Design of parking areas shall provide for appropriate disposal of surface water, except for those portions which may be used as a part of the required detention system.
5.
Lighting fixtures used to illuminate or to mark any off-street parking area shall be arranged to shield direct light from any residence and from street traffic. See subsection 64-197(j), "Lighting standards" for additional lighting regulations.
f.
Where allowed in subsection (g)(1)e.2., above, alternative surface parking areas shall comply with the following standards:
1.
Alternative surface material must be contained within a minimum 12-inch deep by four-inch wide permanent border approved by the city manager or designee. The top of the material shall not extend above the surrounding ground surface or the top of the permanent border.
2.
The following are allowed on properly compacted subgrade for single-family and duplex uses:
i.
A minimum of six inches of compacted base material (coliche).
ii.
A minimum of four inches of railroad ballast material (1½ minimum diameter).
iii.
A minimum of six inches of crushed granite material.
iv.
A minimum of six inches of compacted, milled asphalt paving chips (one-half-inch maximum diameter).
v.
A minimum of six inches of recycled, crushed concrete.
vi.
Any other common paving material or surface design approved by an engineer, but excluding pea gravel, wood chips, dirt, etc.
3.
The following are allowed for areas used for commercial long-term storage of vehicles (not routine daily parking):
i.
A minimum of five inches of railroad ballast material installed on properly prepared and approved subgrade following removal of all vegetation and loose materials.
ii.
Other types of rock approved by the city manager, director of public works, or designee; or other surface design approved by an engineer.
g.
Plans for off-street parking areas for more than five vehicles, including ingress and egress, shall be reviewed by the zoning administrator for compliance with this chapter prior to the issuance of a building permit.
(2)
Additional parking requirements in residential districts.
a.
Each detached single-family dwelling, duplex, two-unit condominium, or two-unit townhouse, shall provide covered parking for at least one vehicle in the form of a carport or garage having a usable parking area, exclusive of storage or other functions, of at least 220 square feet per vehicle for each dwelling unit. Carports shall be provided with an integral enclosed storage room of at least 40 square feet. Garages and carports shall not extend closer to the front property line than the wall or covered porch of the dwelling that is closest to the front property line. Front-facing garage doors shall not occupy more than 50 percent of the width of detached single-family dwellings. A dwelling constructed on a nonconforming lot less than 50 feet wide that was platted prior to April 15, 1990, is not required to provide covered parking.
b.
Driveways may be considered off-street parking in all residential districts, except for those development types having more than four dwelling units per structure.
c.
Off-street parking shall be upon the same tract as the dwelling unit in residential low density and residential medium density districts.
d.
Off-street parking in residential high density districts may be upon the same tract as the main structure or upon a parking lot within 200 feet of the main structure.
e.
Any dwelling unit housing a home occupation shall provide one additional off-street parking space beyond the normal minimum requirement. If there is an employee of the business who is not a resident of the dwelling unit, a second additional space shall be provided. The additional parking spaces shall comply with the applicable standards for size, surface material, and accessibility as are normally required for the type of dwelling being served.
f.
Any residence used to house nonfamily residents shall provide one additional off-street parking space per residence room.
(3)
All off-street parking within all other districts shall meet the requirements of the applicable portions of this section and of appendices I and II. Off-street parking areas need not be on the same lot as the principal structure or use but must be within 300 feet of said structure or use.
(4)
Any business or industrial building, hospital, institution, or hotel hereafter erected, constructed, reconstructed, or altered, in any district, shall provide adequate off-street facilities for the loading and unloading of merchandise and goods within or adjacent to the building, in such a manner as not to obstruct freedom of traffic movement of the public streets, alleys or sidewalks.
(h)
Residential landscaping requirements.
(1)
Single-family residential landscaping.
a.
All lots developed in the SF-1 development type must include three shade trees of a minimum three inches in caliper at planting.
b.
All lots developed in the SF-2, DF-1, DF-2, PH-1, and PH-2 development types must provide two shade trees per lot measuring at least three inches in caliper at planting.
c.
All townhouse or combined family developments in TH-1, TH-2, CF-1, or CF-2 development types must include a minimum of one shade tree of at least three inches caliper planted per residential unit in the development.
d.
An existing shade tree from a qualified species that are preserved in the process of developing a lot may be counted towards one tree required in subsections (1)a., b., or c., above.
e.
All lots in SF-1, SF-2, DF-1, DF-2, CF-1, CF-2, TH-1, and TH-2 development types must have a shrub bed at least three feet in depth covering at least 75 percent of the building's front facade not covered by driveway or sidewalk planted with at least three five-gallon shrubs and other flowering plants or native grasses planted in a mulch base.
(2)
Multi-family residential landscaping.
a.
For the purposes of this section, multifamily consists of the MF-1, MF-2, CM-1, and CM-2 development types.
b.
A Shade tree of at least three inches caliper at planting must be provided for each 40 feet of public street frontage and along all property lines abutting RLD and RMD zoning districts.
c.
A continuous shrub buffer composed of shrubs of at least five gallons at planting with a mature height of at least 48 inches must be provided along all street frontages.
d.
Shrub beds at least four feet in depth with shrubs, tall grasses or flowers planted in a mulch base is required along each frontage of a residential building with a pedestrian entrance. At least one five-gallon shrub shall be planted for each five feet of shrub bed length. The shrub bed must cover at least 60 percent of the length of each building face having a pedestrian entrance.
e.
One shade tree of least three inches in caliper or two ornamental trees of at least six feet in height at planting must be planted for each ten residential parking spaces provided within a multifamily development, exclusive of the shade trees required in subsections (2)b. and f., in this section. Each uncovered parking space must be within 80 feet of a shade tree.
f.
Four additional shade trees must be planted per multifamily building on the site. Two ornamental trees may be substituted for one required shade tree.
g.
Existing shade trees from qualified species that are preserved in the process of developing a site may be counted towards one shade tree required in subsections (2)b., d., and f., above.
(i)
Residential design.
(1)
Single-family design.
a.
Front facades. No single front facade of a home in the SF-1, SF-2, DF-1, PH-1, PH-2, DF- 2, CF-1, or CF-2 development types may be duplicated within six lots as measured along the curb line, or within three lots on the opposite side of the street. Mirror (reverse) images of a house facade count as the same house facade for the purposes of this requirement.
b.
Residential design options. Every residential building in the SF-1, SF-2 and DF-1, DF-2, PH-1, PH-2, CF,-1, and CF-2 development types must incorporate at least four of the design options listed below, with the exception of residences built on individual residential lots or parcels created through plat or by deed before 1990 or on residential lots created through a minor plat of four or fewer lots, which are required to incorporate two of the options listed below:
1.
Covered front porch of at least 80 square feet in area (min. eight-foot deep) with a railing at least 36 inches high except at entrance (may encroach front setback by four feet).
2.
Upgraded garage doors, including an upgraded surface material such as wood grain, plus decorative features such as double doors, windows or decorative hardware.
3.
Nearest front face of house set back least five feet further than front yard setback line.
4.
Garage door that does not face the front yard setback or garage completely behind main structure.
5.
Garage recessed at least five feet from front building face.
6.
Chimney or dormers visible from the front elevation. Chimneys must serve a working fireplace.
7.
Decorative windows including transoms, bay windows, picture windows, multi-pane windows (excluding the use of grills), shutters, or other similar window enhancements.
8.
Rainwater harvesting system of 1,000 gallons or solar panel system with a capacity of at least three kilowatts as part of initial permitted construction, meeting building code requirements.
9.
Enhanced pavement (brick/pave stone/stamped concrete/colored concrete) on paved surfaces other than the public sidewalk.
10.
Incorporation of authentic stone or brick into at least 50 percent of three building elevations.
(2)
Multifamily design.
a.
Developments of the MF-2 development type greater than five acres in area must have frontage along, or direct driveway access to an arterial level street.
b.
All buildings over three stories in the MF-1 and MF-2 development types must provide an elevator.
c.
At least eight percent of land area in MF-1 and MF-2 developments must be devoted to recreation space, including swimming pools, playgrounds, indoor exercise rooms, picnic areas, dog parks, and other outdoor amenities.
d.
All developments in the MF-1 and MF-2 development types must incorporate four of the following design options:
1.
Balconies at least 50 square feet in area on 50 percent of all living units.
2.
Awnings over entryways to buildings and at least 25 percent of exterior windows.
3.
At least 30 percent of parking spaces covered, with at least 20 percent of covered parking spaces in enclosed garages which provide electrical outlets sufficient to charge an electric vehicle.
4.
No parking located between the property line along a street and the front of the nearest building or buildings to the street.
5.
Windows having decorative features such as multi-pane design, arches, or shutters.
6.
Use of dormers or other vertical offsets to attain vertical articulation.
7.
Providing horizontal articulation of at least four feet for every 30 feet of building wall.
8.
Only enclosed climate-controlled hallways and stairwells rather than open breezeways and stairwells.
(j)
Lighting standards.
(1)
Purpose and application.
a.
Purpose.
1.
Standards for controlling lighting and glare are set forth to permit an amount of outdoor lighting that is appropriate to allow for the safe use and enjoyment of outdoor areas, streets, and the night sky while mitigating light trespass and glare to abutting property and the public, reducing light pollution, and promoting public energy conservation. These standards are intended to allow reasonable enjoyment of adjacent and nearby properties by their owners and occupants while requiring adequate levels of lighting for nonresidential areas, such as parking lots.
b.
Applicability and exceptions.
1.
Applicability.
i.
This section applies to new and existing residential, commercial, public, and industrial development.
2.
Exceptions.
i.
Luminaires used for public roadway illumination may be installed at a maximum height of 30 feet and may be positioned at that height up to the edge of any bordering property.
ii.
All temporary emergency lighting required by the police, the fire department, or other emergency services shall be exempt from the requirements of this section.
iii.
All hazard warning luminaires required by federal regulatory agencies are exempt from the requirements of this section, except that all luminaires used must be shown to be as close as possible to the federally required minimum output requirement for the specific task.
3.
Recreational area lighting. Lighting for recreational uses (including athletic courts and fields) may employ standards, poles, and luminaires in excess of the heights prescribed in subsection (j)(1)b.3.i.B, below.
i.
Where recreational uses are adjacent to residential uses regardless of separation by streets, and such recreational use is illuminated in such a manner as to produce a light intensity in excess of 0.25 footcandles at the property line of the residential use, a living screen shall be required in accordance with the following:
A.
Shade trees that normally grow to a height of 30 feet or greater shall be provided.
B.
Shade trees shall be planted at most 30 feet on center along the property line abutting the residential use.
C.
Shade trees shall be a variety that maintains a crown width sufficient to form a continuous screen at height between ten feet and 25 feet above grade.
D.
Such trees shall be a minimum of ten feet tall at the time of planting.
E.
Shade trees acceptable for this purpose are defined in chapter 60, Vegetation, section 60-28, Definitions.
ii.
Recreational lighting must be shut off by 10:30 p.m. on Sunday through Thursday and 11:30 p.m. on Friday or Saturday nights.
(2)
Regulations.
a.
General.
1.
The allowable maximum illuminance for any development abutting a residential use, including other residential uses, shall be 0.25 footcandles as measured at the property line.
2.
Light sources shall be adequately shielded, of a down-light, indirect, diffused, or shield type so installed and maintained as to reduce glare effect and light trespass onto adjacent properties and boundary streets. Direct light shall not cross any zone boundary line.
3.
No luminaire may be directed at an angle other than straight down. Up-lighting is prohibited, including, but not limited to, lighting for buildings, signage, and landscaping.
4.
Pole-mounted and wall-mounted luminaires mounted above six feet shall be adequately shielded, of a down-light or full cutoff type, and shall not direct light onto adjacent properties.
5.
The height of luminaires, including those mounted on poles and standards, shall not exceed 30 feet except as required by streetlighting standards.
b.
Nonresidential, multifamily, and mixed use regulations.
1.
Lighting plan required.
i.
All nonresidential, multifamily, and mixed use developments shall submit a lighting plan. The lighting plan shall show how the proposed development will comply with the regulations within this section.
A.
An application for a lighting plan shall be submitted and approved or denied by the director of planning as part of subdivision, planned development district, and building permit applications. The lighting plan shall show such information in sufficient detail to enable the director of planning to readily determine whether the lighting plan is in compliance with the requirements within this section.
ii.
Elements of a lighting plan.
A.
A site plan or plans, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), existing and proposed trees, and adjacent uses. The lighting plan shall contain a layout of all proposed and existing luminaires, including, but not limited to, area, architectural, building entrance, canopy, soffit, landscape, flag, and sign lighting by location, orientation, aiming direction, and mounting height;
B.
The type of luminaires, fixtures, lamps, supports, reflectors, and other devices, and their respective location on the site;
C.
A description of the luminaires, fixtures, lamps, supports, reflectors, and other devices (such as catalog cuts by manufactures and drawings); and
D.
Photometric data, such as furnished by manufacturers, or similar data showing the angle of cut off or light emissions.
2.
The allowable maximum illuminance measured at the property line of a retail, office, commercial, or multifamily use shall be 3.0 footcandles and shall be 5.0 footcandles at the property line of an industrial use. When located adjacent to residential development, the intensity shall be no greater than 0.25 footcandles at the property line.
3.
All off-street parking areas for nonresidential, multifamily, and mixed uses that are used at night shall be illuminated beginning no later than 30 minutes after sunset. Lighting may be constant or by motion sensor.
4.
Nonresidential uses that abut residential zoning districts shall be required to cease illumination of parking areas at the termination of hours of use. In case only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. The portion offered for use after dark shall be clearly designated on the lighting plan.
5.
The following table establishes maximum pole-mounted luminaire heights by parking lot size:
(3)
Nonconforming and temporary lighting.
a.
Nonconforming lighting.
1.
Any luminaire or lighting installation existing on the effective date of the ordinance from which this subsection derived that does not conform with the requirements of this subsection, shall be considered legally nonconforming.
i.
A nonconforming luminaire or lighting installation shall be made to conform with the requirements of this ordinance before building permits may be issued for the property, or when:
A.
Minor corrective action, such as re-aiming, automatically shutting off offending sources at a reasonable hour nightly, or shielding can achieve conformity with the applicable requirements of this subsection;
B.
It is deemed by the city to create a health or safety hazard;
C.
It is replaced by another luminaire or luminaires, or abandoned or relocated;
D.
The number of existing luminaires on the property is increased by 30 percent or more; or
E.
There is a change in use of the property.
b.
Temporary lighting.
1.
Any temporary outdoor lighting that conforms to the requirements of this chapter shall be allowed.
(k)
Residential noise standards.
(1)
Noise originating from properties in residential zoning districts, including RLD, RMD, RHD and residential areas within planned development districts, shall be limited to 56 decibels between 10:00 p.m. and 7:00 a.m. and 63 decibels between 7:00 a.m. and 10:00 p.m., as measured from other residentially-zoned properties.
(Ord. No. 90-03, pt. 2, 3-6-90; Ord. No. 95-07, pt. 1(F), 11-7-95; Code 1982, § 28-7-2; Ord. No. 01-11, § I, 4-3-01; Ord. No. 08-02, § II, 3-18-08; Ord. No. 2011-28, § I, 12-20-11; Ord. No. 2022-07, § II, 2-1-22; Ord. No. 2022-29, § II, 7-19-22; Ord. No. 2022-53, § II, 10-18-22; Ord. No. 2023-11, § III, 6-20-23; Ord. No. 2023-21, § II, 10-17-23; Ord. No. 2024-05, §§ VI, VII, 2-20-24; Ord. No. 2025-25, § II, 10-21-25)
Sec. 64-198. - Performance standards for commercial and industrial districts.
(a)
Flammable, toxic and hazardous materials.
(1)
The storage, manufacture, utilization or dispensing of substances which may constitute or may cause danger to public health, safety or welfare shall be conducted only within the limits and conditions specified in the latest edition of both the Standard Fire Prevention Code and of the National Fire Code.
(2)
The emission of toxic or explosive vapors, dusts or aerosols into the atmosphere shall not exceed, at the facility property line, more than 50 percent of the limit of such as is given in "threshold limit values" as adopted at the most recent meeting of the American Conference of Industrial Hygienists.
(3)
No form of flammable, toxic or other hazardous material shall be released into or upon any utility line, pit, dump, open ground, stream or drainageway.
(4)
The container size, location, design and construction of any storage tank, building or facility for any flammable, toxic or other hazardous material shall be approved by the fire marshal and the building official as a part of the building permit application and shall be based upon the requirements of the Standard Fire Prevention Code, the National Fire Code and the Southern Standard Building Code.
(b)
Pollution.
(1)
No operation or activity shall discharge or cause to be released into public waters any liquid or solid waste unless in conformance with the latest provisions of the Texas Water Quality Board, the Texas Department of Health and/or the Texas Railroad Commission.
(2)
No operation or activity shall discharge or cause to be released into the atmosphere any smoke or particulate matter which exceeds the limits permitted by the latest requirements of the Texas Air Control Board.
(c)
Nuisances.
(1)
Lighting fixtures shall be arranged to shield direct light from crossing any zone boundary line. See subsection 64-197(j) "Lighting standards" for additional lighting regulations.
(2)
No operation or activity shall at any time cause any earthborne vibration which results in a horizontal or vertical ground displacement in excess of 0.0002 inches at any facility property line.
(3)
Noise.
a.
No operation or activity shall at any time along any facility property line cause a sound pressure level which exceeds the following decibel limits:
b.
When noise contains strong pure tone components or is impulsive (when meter changes at ten decibels or more per second), the sound pressure level limit shall be five decibels less than the limits listed above, as measured at the applicable property line.
c.
Such limits do not apply to the following:
1.
Emergency or intermittent warning signals.
2.
Construction, maintenance, and agricultural activities between 7:00 a.m. and 10:00 p.m.
3.
Transient noise of moving sources such as automobiles, trucks, trains and airplanes.
4.
Unamplified human voice.
5.
Noise regulated in chapter 18 of this Code.
6.
Special events listed in or otherwise covered by section 36-3 of this Code.
(Code 1982, § 28-7-3; Ord. No. 90-03, pt. 2, 3-6-90; Ord. No. 07-03, § I, 2-6-07; Ord. No. 2024-05, § VIII, 2-20-24; Ord. No. 2024-32, § II, 11-7-24)
Sec. 64-199. - Additional requirements for planned development district.
(a)
The minimum site area for a PDD is five acres, unless located in the courthouse square historical overlay district.
(b)
To provide for the additional cost to the city for administration, review, and inspection of both the preliminary and the final development plans of a PDD, a separate fee which shall be established by the council, shall accompany such development plans.
(c)
In order to minimize the potential negative effects of partial completion of a PDD, the preliminary and final development plans shall each be divided into phases of development. Development phases shall be designed such that each shall constitute a completed unit and shall not require any other completed phase to allow development or use. Phases shall not divide lots, blocks, or street centerlines. Final plats shall be filed for record only for those phases completed.
(d)
The city may rezone in a manner deemed by the city to be most compatible any or all portions of those phases abandoned or not developed within the timeframe provided by the specific use permit. Failure to complete development within the specified time limit shall rescind and vacate such specific use permit.
(e)
Private streets, drives and easements shall be constructed to city standards, shall be maintained by the developer, owner, or an association, and shall grant a right-of-way to the city for use. Such streets, drives, and easements shall be shown on the subdivision plat as well as on the development plans and shall be so indicated. Deed restrictions shall delineate maintenance and repair responsibilities for private streets, drives, easements, and for all other common areas and facilities.
(f)
To ensure adequate streets, drives, parking and loading area within the PDD and to provide data concerning the effect of such traffic flow and upon the streets adjoining the PDD, a study of traffic density and flow shall be completed by an appropriate professional, at the expense of the developer, and submitted with both the preliminary and final development plans.
(g)
The requirements of this chapter and of the city subdivision ordinance are intended to be complimentary and to be fulfilled concurrently. When requirements of such ordinances conflict, the commission, upon advice from the zoning administrator and the city engineer, shall determine which standard shall prevail.
(h)
The final development plan and the subdivision plat of a PDD are integral elements of the district designation. The use areas within the PDD are subject to adherence to the development plan. Any change in the final development plan shall be considered a zoning change, and requires city council approval of a revised PDD.
(Code 1982, § 28-7-4; Ord. No. 90-03, pt. 2, 3-6-90; Ord. No. 2023-23, § V, 11-21-23)
Sec. 64-200. - Same—Manufactured homes and modular dwellings.
(a)
An existing nonconforming mobile or manufactured home may be replaced in the same location with a manufactured home, as defined in section 64-2, not complying with one or more of the following standards if such replacement home is a newer model, is at least as large as the prior manufactured home, and as a minimum complies with subsections (3), (4), (6), (7), and (8), below. This exception does not require approval of a specific use permit, but may be used only once at the same location unless the reason for replacement is damage caused by fire or natural disaster.
(1)
The home shall be a new HUD-Code manufactured home not previously installed or occupied in any other location.
(2)
Except where limited by the width of lots pre-existing on [effective date of adoption], the widest horizontal dimension of manufactured homes must face the street.
(3)
The frame shall be supported by and tied to a foundation and anchoring system meeting the current requirements of the Texas Manufactured Housing Standards Act as administered by the Texas Department of Housing and Community Affairs, Manufactured Housing Division, or successor agency.
(4)
Axle and hitch assemblies shall be removed at the time of placement on the foundation.
(5)
The finished floor of the manufactured home shall be no more than 25 inches above the average adjacent ground level at the foundation on all sides visible from an abutting street, or from a lot containing a site-built single-family dwelling, except where the floor must be higher in order to be a minimum of 12 inches above the top of the highest abutting street curb or street crown if no curb. If necessary to maintain a minimum of 18 inches required for clearance between the ground and bottom of floor joists, the foundation may be recessed in a pit that is provided with a proper drainage system approved by a registered professional engineer, or by raising the grade of the earth in the yards where needed adjacent to the structure.
(6)
A stoop, porch, patio or deck must be provided at each entrance to the manufactured home.
(7)
The space between ground level and the manufactured home's floor level shall be skirted with nondegradable materials compatible in color, style and texture with the exterior of the home if a concrete foundation does not already enclose that space.
(8)
Site-built attached additions must be compatible in color, style and materials with the exterior of the manufactured home.
(9)
The owner shall cancel the personal property title on the manufactured home so that it can be rendered as real property for the purpose of ownership, taxes, insurance and financing.
(10)
The land and structure shall be under the same ownership.
(b)
The installation of a manufactured home on a leased space in a manufactured home park shall comply with the following standards:
(1)
The frame shall be supported by and tied to a foundation and anchoring system meeting the current requirements of the Texas Manufactured Housing Standards Act as administered by the Texas Department of Housing and Community Affairs, Manufactured Housing Division, or successor agency.
(2)
A stoop, porch, patio or deck must be provided at each entrance to the manufactured home.
(3)
The space between ground level and the manufactured home's floor level shall be skirted with nondegradable materials compatible in color, style and texture with the exterior of the home.
(4)
Site-built attached additions must be compatible in color, style and materials with the exterior of the manufactured home.
(c)
The installation of a modular dwelling shall comply with the following standards, in addition to the regulations and codes normally applicable to site-built dwellings:
(1)
The dwelling and lot shall have an estimated taxable value after installation of the dwelling equal to or greater than the median taxable value for each single-family dwelling located within 300 feet of the lot on which the modular home is proposed to be located, as determined by the most recent certified tax appraisal roll.
(2)
The exterior siding, roofing, roof pitch, foundation fascia, and fenestration shall be compatible with single-family dwellings located within 300 feet of the lot on which the modular home is to be located.
(Ord. No. 97-21, § V(28-7-5), 10-7-97; Ord. No. 98-03, § II, 2-17-98; Ord. No. 98-15, § II, 7-7-98; Ord. No. 04-34, § II, 12-21-04; Ord. No. 08-02, § II, 3-18-08; Ord. No. 2025-22, § II, 9-16-25)
Cross reference— Manufactured home parks, ch. 34.
Sec. 64-201. - Same—Sexually-oriented businesses.
(a)
Location: A sexually-oriented business shall not be located closer than 1,000 feet to any church, elementary or secondary school, day care center, nursing home, residential zoning district, public park, another sexually-oriented business regardless of whether the other sexually-oriented business is inside or outside of the city limits, U.S. Highway 183 (Colorado St.), or Texas Highway 142. Measurement shall be in a straight line from the nearest point on the building containing the sexually-oriented business to the nearest point on the property line of the facility or area listed above.
(b)
Hours of operation: No sexually-oriented business may be open for business or in use by patrons between the hours of 1:00 a.m. and 9:00 a.m.
(c)
Age of persons: No owner, manager, employee or patron, shall be under the age of 18 years, as documented by official identification issued by any governmental agency bearing the person's name, date of birth, and photograph. A sign shall be clearly visible from the outside and near each customer entrance identifying the premises as a sexually-oriented business and providing notification that persons under age 18 are prohibited from entering the building.
(d)
Activities prohibited: While on the premises, no owner, employee, server or entertainer shall:
(1)
Perform any sexual act of any kind in the presence of another person, or fondle, caress, or have any physical sexual contact with any other person.
(2)
Knowingly allow a patron to fondle, caress or perform sexual acts in the presence of another person, or have physical sexual contact with any other person while on the premises.
(3)
If an employee of an adult cabaret while appearing in a state of nudity, touch a customer or the clothing of a customer.
(4)
If a customer of an adult cabaret, touch an employee appearing in a state of nudity or the clothing of the employee.
(e)
Alcoholic beverages: The possession, sale, or consumption of alcoholic beverages on the premises of a sexually-oriented business is prohibited.
(f)
Interior layout: Every sexually-oriented business shall be physically configured in such a manner that there is unobstructed view from one or more manager's stations of every area or room of the premises, except restrooms, to which any patron is permitted access for any purpose. No booths, cubicles, or stalls 100 square feet or less in area shall be closed, blocked or obscured at any time by doors, curtains, partitions, or any other obstruction. Separate rooms having a floor area of more than 100 square feet to which patrons have access may have an obstructed view from a manager's station only when occupied by no more than one patron at a time.
(g)
Lighting required: All areas where patrons are permitted access shall be illuminated by overhead lighting fixtures producing illumination measuring not less than one foot-candle at floor level.
(h)
Screening of doors and windows: All customer entrances and all windows shall be designed or screened such that the interior of the building is not visible when viewed by eyes five feet eight inches above ground level from anywhere beyond the property line.
(i)
Owner's responsibility: The owner is responsible for compliance with all provisions of this section. Any act or omission committed on the premises by an employee and which constitutes a violation of this section or of any other law shall be deemed the act or omission of the owner when such act or omission occurs either with the knowledge or approval of the owner, or as a result of the owner's negligent failure to supervise the conduct of employees. The owner shall be punishable for such act or omission in the same manner as if the owner committed the act or caused the omission.
(j)
License required: Upon approval of all zoning and building permits and prior to opening for business, the owner shall obtain an operator's license by applying in a form provided by the chief of police, and by paying an initial fee established by the city council. The application must be accompanied by a sketch, diagram, or floor plan of the interior of the building labeling entrances and the use of all areas, and drawn to scale or indicating all major horizontal dimensions. Approval of an operator's license shall be denied if; 1) the application is incomplete or does not comply with the requirements of this section; 2) the premises fails to pass any required inspection; or 3) the applicant or his/her spouse has been convicted of a crime listed below for which less than ten years have elapsed since the date of conviction or the date of release from confinement, or from probation or parole, whichever is last (for the purposes of this section, deferred adjudication and probation shall be deemed as a conviction).
(1)
Any of the following offenses as described in V.T.C.A., Penal Code ch. 43:
a.
Prostitution.
b.
Promotion of prostitution.
c.
Aggravated promotion of prostitution.
d.
Compelling prostitution.
e.
Obscene display or distribution.
f.
Obscenity.
g.
Employment harmful to a minor.
h.
Sale, distribution or display of harmful material to a minor.
i.
Sexual performance by a child.
j.
Possession of child pornography.
(2)
Any of the following offenses as described in V.T.C.A., Penal Code ch. 21:
a.
Public lewdness.
b.
Indecent exposure.
c.
Indecency with a child.
d.
Sexual exploitation by mental health service provider.
(3)
Sexual assault or aggravated sexual assault as described in V.T.C.A., Penal Code ch. 22.
(4)
Incest, solicitation of a child, or harboring a runaway child as described in V.T.C.A., Penal Code ch. 25.
(5)
Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses.
(k)
Inspections allowed: The owner shall permit inspections, of the premises by building, health, fire, police or other officers of the city or other enforcement agency as necessary to ensure the business is in compliance with its operator's license, this section, and with all other applicable laws. Inspections may occur without notice at any time that the establishment is open to the public, and shall also be allowed at other times upon prior request.
(l)
Display of license: The operator's license issued as a result of application approval shall contain the name of the person to whom it is issued, the name of the business, the address of the building, and the date of issuance, and shall be posted in a conspicuous place at or near the customer entrance where it can easily be viewed by patrons, visitors and enforcement personnel.
(m)
Transfer of license: An operator's license may be transferred to a new owner without requiring a new specific use permit provided that the prospective owner completes an operator's license application form and receives approval from the chief of police before or concurrently with the actual change in ownership. Transfers shall be reviewed, issued, and subject to appeal in the same manner as original applications. If the prospective owner desires to make any change that deviates from the original conditions presented to and/or imposed by the planning and zoning commission in their approval of the specific use permit, both a new specific use permit and operator's license is required.
(n)
Suspension or revocation of license: An operator's license issued for a sexually-oriented business may be temporarily suspended for up to 90 days by the chief of police for: 1) a violation of any provision of this section or any other law by the owner; 2) demonstrated inability by the owner to operate the business in a peaceful and law-abiding manner resulting in law enforcement actions at, on, or around the premises; or 3) for misrepresentation or lack of full disclosure of any information required on or with the license application. Am operator's license may be revoked by the chief of police for a period not less than one year upon more than one occurrence warranting a suspension within any 12-month period, or for not less than five years upon conviction of the owner or operator for any felony or specific offense cited in subsection (j) after the license is granted.
(o)
Appeal of license denial, suspension, or revocation: The chief of police shall notify the applicant in writing, by certified mail, of a decision to deny, suspend, or revoke an operator's license. The decision of the chief of police is final with regard to denial, suspension, or revocation of an operator's license unless a written appeal setting forth the grounds on which the decision is challenged is received by the city secretary within ten calendar days after the decision. An appeal shall not stay the decision of the chief of police. Within 21 calendar days of receipt of the written appeal by the city secretary, the appeal shall be considered at a hearing conducted by the city council. At the hearing, the city council shall receive written and oral testimony, and render a decision. The owner shall be notified of the city council's decision in writing, by certified mail, within ten calendar days after the conclusion of the hearing. The decision of the city council shall be final.
(p)
Fees: The annual fee for a sexually-oriented business is $750.00, due on or before each anniversary date of receipt of the initial license.
(q)
Expiration of license: An operator's license expires if the premises is closed for business for any period exceeding 30 calendar days, is delinquent in paying its annual renewal fee for a period exceeding 30 days, or if ownership of the business changes prior to approval of a new operator's license by the chief of police.
(Ord. No. 98-08, § I, 4-7-98; Ord. No. 02-30, § II, 8-7-02)
Sec. 64-202. - Same—Wireless telecommunication facilities.
(a)
Existing facilities: Any wireless telecommunication facility for which a permit has been properly issued prior to April 8, 1998, shall not be required to meet the requirements of this chapter as they relate to wireless telecommunication facilities other than requirements of the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC). However, any alteration of an existing facility on or after April 8, 1998 shall be subject to all applicable requirements.
(b)
Code requirements: Wireless telecommunication facilities of any type must comply with all applicable requirements of the FAA and FCC, as documented in writing from the approving authority at the time of building permit application. Freestanding towers and their foundations shall meet all wind, seismic, and all other design requirements of the adopted building code. Drawings and specifications shall be prepared and sealed by a registered professional engineer and shall be submitted with the building permit application. Permits are required for new construction or alteration of a tower, although additional antennas not increasing the height of the structure may be added to an existing tower without permits except as may be needed for electrical wiring.
(c)
Co-location capability: New freestanding towers classified as a wireless telecommunication facility-high impact containing antennas for purposes other than commercial radio or television broadcast shall be designed and constructed to support a minimum of four antenna arrays from separate wireless telecommunication system providers or users. An affidavit shall be submitted with the building permit application stating the extent to which the tower owner agrees to allow additional equipment by other service providers to be located on the tower and its premises on a reasonable and nondiscriminatory basis.
(d)
Availability of sites: Each applicant for administrative approval or a specific use permit for a new freestanding tower containing antennas for purposes other than commercial radio or television broadcast shall provide an inventory of its existing towers within the city and its extraterritorial jurisdiction, including specific information about the location, height, and design of each such tower and the number of antennas that may be supported by it. A building permit for new freestanding towers shall not be approved unless the applicant provides satisfactory evidence that there are no alternative locations available on existing towers, buildings, or other structures that: 1) are structurally capable of supporting the intended antenna; 2) meet the necessary height requirements; 3) provide a location free of electromagnetic interference; and 4) can comply with the requirements of this chapter.
(e)
Abandoned facilities: The owner of the property shall notify the building official at such time that a wireless telecommunication facility ceases operation. Any tower or antenna that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such tower or antenna, or the owner of the property, shall remove same including any accessory equipment, within 60 days of receipt of notice from the city. If the tower or antenna is not removed within said 60 days, the city may cause removal of such tower or antenna at the property owner's expense. After written notice to the property owner, the city may place a lien on the property until the city is reimbursed for the cost of removal of the abandoned wireless telecommunication facility. If there are two or more users of a single tower, this provision shall not become effective until all antennas located on the tower cease operation for the period specified above.
(f)
Facilities on public property: Wireless telecommunication facilities for use by commercial system providers may be allowed in a street right-of-way, or on other public property controlled by the city only upon approval by the city council of a lease, license, or franchise agreement, including arrangements for payment of appropriate compensation as may be established by the city council.
(g)
Prohibited location: No freestanding tower, or commercial antenna attached to any other structure, shall be erected in a location in the city where the tower or antenna would be visible when viewed by eyes five feet, eight inches above ground level from any portion of the county courthouse property or abutting portions of Main, San Antonio, Commerce and Market Street rights-of-way. This does not prohibit locations that are otherwise permitted by this chapter and where the line of sight is blocked by buildings or other structures existing at the time of application for approval of the wireless telecommunication facility. Future removal of such buildings or other structures shall not change the status of a wireless telecommunication facility to nonconforming.
(h)
Access: Each site of a freestanding tower shall have direct access to a public street provided by a driveway meeting city standards. The driveway shall extend from the street to an appropriate location on the premises where a vehicle would need to be parked to facilitate normal maintenance of the facility.
(i)
Height: No wireless communication facility shall encroach upon the height limits, if applicable, of Lockhart Municipal Airport hazard zones as adopted December 18, 1991. In no case shall a freestanding tower exceed a height of 200 feet, except where a height variance is granted by the board of adjustments due to demonstration of a hardship by the applicant that can only be remedied by location of the facility on the proposed site within the city limits. Antennas mounted as an accessory on top of a building, water tower, lighting standard, electric utility transmission tower, or other tall structure having another primary function shall not extend more than 15 feet above the highest point of the structure as measured from the average ground level around the structure.
(j)
Setbacks: A nonexempt freestanding tower shall be setback from all boundaries of the property on which it is located by a distance equal to the height of the tower, and shall be setback from any residential dwelling or residential zoning district a distance equal to twice, the height of the tower, as measured from the base of the main tower structure. Associated equipment enclosures or other buildings and structures, and guy wire anchors, if any, located on the same property are subject to the normal building setback requirements of the district within which the facility is located. Antennas mounted as an accessory on the side of a building, water tower, lighting standard, electric utility transmission tower, or other tall structure having another primary function, may extend up to two feet into the required building setback, but in no case shall extend closer than five feet to any property line.
(k)
Illumination and appearance: Wireless telecommunication facilities shall not be artificially illuminated except as required by the FAA or FCC, and except for motion-detector operated security lights on any associated equipment enclosure. Freestanding towers shall maintain a galvanized steel finish or be painted sky blue or gray, except as otherwise required by the FAA or FCC. Unless the tower compound is screened by any means from adjacent streets, residential dwellings, and residential zoning districts, the design of equipment enclosures shall, to the extent possible, use materials and colors that are compatible with the natural and built environment of the surrounding area. Antennas mounted as an accessory on a building, water tower, lighting standard, electric utility transmission tower, or other tall structure having another primary function shall be identical in color or closely compatible with the color of the adjacent portion of the supporting structure so as to make the antenna as visually unobtrusive as possible.
(l)
Security and screening: The base of freestanding towers, and associated equipment enclosures shall be enclosed by a security fence or wall not less than six feet in height with an access gate that is kept locked at all times except when attended by authorized personnel. The base of the tower and associated equipment enclosures shall also be screened on any side facing a public street, residential dwelling, or residential zoning district in accordance with any one or more of the following alternatives: 1) preserve existing dense evergreen vegetation or natural landforms that effectively screen the tower compound; 2) plant new dense evergreen vegetation having a mature height of at least six feet; or 3) construct the security fencing to provide opaque screening consisting of materials and colors that are compatible with the natural and built environment of the surrounding area.
(m)
Signage. No sign, banner, or flag shall be placed in a visible location on the exterior of a wireless telecommunication facility or its premises except one nonilluminated permanent sign not larger than two square feet for the purpose of identification in the case of an emergency. No commercial advertising is permitted.
(n)
Historic districts. Any wireless telecommunication facility to be installed outside of a building anywhere in a historic district established by the city council shall be subject to approval of a certificate of alteration by the city historical preservation commission.
(Ord. No. 98-08, § I, 4-7-98)
Sec. 64-203. - Nonresidential appearance standards.
Except as otherwise noted, all new development sites, new enclosed buildings, or building additions exceeding 50 percent of the gross floor area of the existing building as provided in subsection (1), are subject to the following standards for outdoor site development and exterior building design. If there are two or more buildings on the same site, their appearance should be consistent with regard to these standards. Buildings 300 square feet or less in gross floor area, residential dwellings and residential or agricultural accessory buildings, and buildings of any type that are on property located in both the CCB Commercial Central Business District and the Courthouse Square Historical District, are exempt from these standards.
(1)
Building additions: Additions exceeding 50 percent of the gross floor area of an existing building where the existing building complies with this section at the time the addition is constructed shall have a similar appearance as the existing building. If the total floor area resulting from the addition requires compliance with more bonus features in subsection (6) than would be required by the existing building, the new total number of building and landscaping bonus features shall apply. Where an addition exceeds 50 percent of the gross floor area of an existing building, and the existing building does not comply with this section at the time the addition is constructed, the addition or the existing building, or a combination thereof, shall comply with this section, including the building and landscaping bonus features in subsection (6) based on the floor area of the addition, only.
(2)
Color: Intense, bright, or fluorescent colors shall not be used as the predominant color on any wall or roof, but may be used as an accent.
(3)
Entrances: Primary building entrances must be easily identifiable through the use of differing colors and/or materials, or covered by any means such as a, portico, recess, canopy, awning, or other overhang.
(4)
Roofs: Flat roofs that are not an integral element of a unique architectural style or design, and roof-mounted mechanical equipment taller than 18 inches above the roof surface on any type of roof, must be screened from view as seen at an eye level of six feet above the property line from and along any abutting street, and/or from any abutting property having a residential zoning classification, by a parapet or other architectural structure or device of a design and/or color that complements, or is consistent with, the appearance of the building.
(5)
Screening: Any outdoor area used for ground-mounted mechanical equipment, refuse storage, long-term vehicle storage, storage of products or materials other than vehicles, or truck loading/unloading docks shall be screened from view as seen at an eye level of six feet above the property line from and along any abutting street or from any abutting property having a residential zoning classification. Screening shall consist of a minimum 90 percent opaque permanent fence or wall of a design and/or color that complements, or is consistent with, the appearance of the building that it serves. Screening is not required for loading docks on property that abuts only a street other than an arterial street if the loading dock is set back at least 130 feet from the right-of-way line.
(6)
Bonus features: Buildings and/or sites must incorporate bonus features from the list below in an amount corresponding to the gross floor area of the building or buildings on the property, based on the use categories shown in the table. The floor areas of basements or floors averaging more than 50 percent below ground level as viewed from any abutting street are not included. Where there are multiple buildings, outdoor bonus features selected shall apply to the entire site. Where multiple land uses are located in separate buildings on the same site, the minimum number of bonus features required, as shown in the table, applies to each building separately. Where multiple land uses are located in the same building, the minimum number of bonus features required is based on the use occupying the greatest floor area. In all cases, at least one of the selected bonus features must be from items "l", "m", or "n" in the list.
a.
Horizontal articulation of building walls through the use of at least one offset of at least three feet for each 50 feet, or portion thereof, of each exterior wall length facing an abutting street.
b.
Exterior projections of architectural or structural bays in the form of floors and/or interior bay walls extending at least two feet beyond the face of at least one exterior wall facing an abutting street.
c.
Integrated planters or wing-walls that incorporate landscape or seating areas.
d.
One or more of the following architectural features integrated into each exterior wall facing an abutting street:
1.
Pilasters or engaged columns;
2.
Decorative cornice;
3.
Wainscoting or plinth course;
4.
Covered arcade or colonnade;
5.
Architectural tower or focal point;
6.
Decorative tile work.
e.
The use of at least two different finish materials on all exterior walls visible from any abutting street, whereby each material covers at least 30 percent of the visible wall area, excluding the cumulative area of windows and doors.
f.
Window accent treatments, such as being recessed from the wall plane by at least 12 inches, or having a consistent theme of arches, awnings, canopies, or balconies on all exterior walls visible from any abutting street.
g.
Windows consisting of at least 35 percent of each building wall area facing an abutting street.
h.
Peaked or pitched roof forms having a slope of at least 18.5 degrees or four inches rise per one horizontal foot, or varied roof heights, with flat roofs having an articulated parapet or cornice line, where visible from any abutting street.
i.
One or more outdoor courtyards or patios containing seating facilities and one or more amenities such as landscaping, shade, arbor, or fountain.
j.
All parking lots located no closer to any abutting street than any wall of the main building.
k.
At least ten percent of the site area landscaped with vegetative groundcover or xeriscaping, where the site area is defined as the lot or parcel, or portion thereof within the boundary of the developed area, as indicated on the site plan for the use or uses receiving bonus feature credit.
l.
Evergreen shrubbery at least 18 inches high when planted along the building foundation on each side facing an abutting street.
m.
Evergreen shrubbery having a mature height of at least four feet, landscaped earth berm, decorative wall, or a combination thereof, at least four feet high as measured from the parking lot surface, and having an opacity of at least 60 percent, along the frontage of all parking lots abutting a street. Shrubbery may be at least three feet high when planted or, if irrigated, may be two feet high when planted.
n.
No parking space more than 60 feet from at least one ornamental or shade tree of at least two inches in caliper, as measured two feet above the root ball, when planted. A tag identifying the species or common name shall remain attached to each tree until after passing inspection by the city.
(Ord. No. 2012-05, § I, 4-3-12; Ord. No. 2012-18, § I, 9-18-12; Ord. No. 2013-08, § I, 5-21-13; Ord. No. 2013-15, § II, 6-18-13; Ord. No. 2015-05, § I, 3-3-15; Ord. No. 2016-18, § I, 8-16-16; Ord. No. 2019-28, § II, 12-3-19)
Sec. 64-204. - Transport containers.
The purpose of this section is to regulate the adaptive use of standardized reusable containers commonly referred to as transport, cargo, or shipping containers, that are originally designed and intended for the movement or transportation of freight, goods or commodities by rail, truck or ship. A railroad boxcar is a transport container on a chassis.
(1)
Principal use: Transport containers that are modified to comply with all applicable building codes and zoning standards may, upon issuance of a building permit, be installed individually or in combination with other containers or structures as an enclosure for any principal use allowed by-right or as a specific use in the district where located.
(2)
Accessory use: Transport containers shall not be allowed as an accessory structure in any residential, commercial, or public/institutional district. In other districts, such containers may be used as an accessory structure when installed in accordance with applicable building code and zoning standards, and upon issuance of a building permit.
(3)
Temporary use: Transport containers may be used for temporary storage of construction materials or equipment, or interior furnishings, on a permitted building construction or remodeling site, and must be removed upon completion of the construction or remodeling as signified by passing final inspection by the city. Transport containers designed and intended for temporary storage of household or office goods and furnishings, or retail products may, upon registering with the zoning administrator, be placed on property where the container is to be loaded or unloaded for a period not exceeding 30 days per calendar year, with one extension of no more than 30 additional days upon written request and justification, and approval by the zoning administrator.
(Ord. No. 2016-08, § III, 3-15-16)
Sec. 64-205. - Portable food establishments.
(a)
A portable food service establishment is defined as an enclosed trailer or motor vehicle designed and operated for the sale of food and/or beverages, and which stays at one location for more than four consecutive days. For the purpose of this section, two or more such establishments located on a single lot or parcel shall be known as a portable food court.
(b)
The following standards apply to portable food establishments:
(1)
Each trailer or motor vehicle used as a portable food establishment shall be inspected and approved by the city health inspector, or have a current mobile food unit permit issued by the Texas Department of Health, Retail Foods Division, and the portable food establishment owner shall maintain a current annual food permit issued by the city health inspector.
(2)
Each trailer or motor vehicle used as a portable food establishment shall be in current compliance with all applicable Texas inspection and license registration requirements for legal use on public streets.
(3)
Portable food establishments are exempt from building, plumbing, and mechanical codes, but not from electrical, health and sanitation codes, and fire codes as they apply to portable food establishments.
(4)
Portable food establishments shall operate only in zoning districts where eating establishments are allowed by right.
(5)
Portable food establishment spaces shall be set back at least five feet from the front and rear lot lines, and set back from the side lot lines as specified in appendix II for the zoning district where located.
(6)
Each portable food establishment shall be located at least ten feet from any other portable food establishment or any building, and at least 50 feet from any building containing a residential use. Portable food establishments in a portable food court shall be located together in the same general area of the lot in order to share common facilities such as utilities, parking, outdoor seating, and trash disposal.
(7)
Each portable food establishment space shall be on a durable, nonerodible, low-maintenance surface capable of supporting the trailer or motor vehicle, and approved by the city, and shall not obstruct vehicular maneuvering or travel areas.
(8)
Two marked off-street parking spaces per portable food establishment shall, in districts where off-street parking is required, be provided on an approved all-weather surface having adequate vehicular travel and maneuvering areas. If off-site, the parking spaces shall be within 300 feet of the portable food establishment or portable food court and be authorized in writing by the owner for the use of portable food establishment employees and customers. The parking spaces required for a portable food establishment or portable food court shall be in addition to the minimum number of spaces required for any other use on the same property.
(9)
Pedestrian access to the serving counter of each portable food establishment shall be directly on the parking area, an existing paved sidewalk, or a durable, nonerodible, low-maintenance surface approved by the city.
(10)
A year-round outdoor eating area with seating at one or more tables shall be provided for at least four customers per portable food establishment in a portable food court.
(11)
Drive-up service directly from a portable food establishment counter to any occupied vehicle is prohibited.
(12)
The wheels and tires of trailers and motor vehicles must remain on the axles, but the area below the floor-level may be skirted to improve its appearance.
(13)
Signs on portable food establishments shall be mounted flat on the exterior, and not exceed 20 percent of the wall area to which they are affixed. For portable food courts, one freestanding sign is allowed per street frontage containing only the name and address of the portable food court in accordance with the standards of chapter 46 "Signs".
(14)
Each portable food establishment shall obtain electricity from, and be within 50 feet of, an individual main-disconnect breaker mounted either on an individual pedestal served by underground wiring, or mounted on a central bank of multiple-disconnect breakers, as approved by the city. Any electric cable extending on the ground from a portable food establishment to its main-disconnect breaker shall not cross the path of intended pedestrian or vehicle traffic, nor rest on any surface that will be mowed.
(15)
Each portable food establishment space shall obtain water from, and within 50 feet of, a hose bib connected directly to the city water supply, and the hose shall be connected for direct pressure to the establishment's plumbing without going through a holding tank. The hose shall not cross the path of intended pedestrian or vehicle traffic, nor rest on any surface that will be mowed.
(16)
Portable food establishments shall not be connected directly to the city wastewater system. Each establishment shall have a self-contained wastewater holding tank that must be emptied by either taking it to an authorized dump station or by being pumped to an authorized wastewater-hauling vehicle.
(17)
At least one covered trash receptacle must be provided for each portable food establishment, and within 20 feet of any outdoor eating area if the eating area is more than 20 feet from a portable food establishment.
(18)
Portable food courts should have access to a common dumpster or other trash disposal facility, and to a common grease disposal container, approved by the city. All trash and grease disposal containers shall be emptied on a regular basis, located no more than 150 feet from any portable food establishment, and adequate to serve the number of establishments within that distance. Common trash and grease disposal containers shall be enclosed within an area screened from view on at least three sides to a height of at least six feet.
(19)
Each portable food establishment shall be located no more than 300 feet from a permanent facility having either one unisex restroom or separate men's and women's restrooms, all of which must have sinks with both hot and cold running water for hand-washing. Use of the restroom(s) by portable food establishment employees and customers must be authorized in writing by the owner of the building containing the facility if it is on property under different ownership than the location of the portable food establishment or portable food court.
(c)
A site plan drawn to a conventional scale must be submitted to the planning department showing the location and surface type of the proposed portable food establishment locations, location of customer table-seating and any associated shelter structures, location of water hose bibs and electrical service connections, location and surface type of parking spaces and driveways, location and surface type of pedestrian access, location and description of outdoor lighting, location of restroom(s), location of individual trash receptacles and common trash/grease disposal facilities, and type and height of common trash/grease disposal screening. The site plan and all applicable permits must be approved prior to the construction of any new driveway access or parking area, prior to the construction of any permanent structures for a proposed portable food court, and prior to the installation of any portable food establishment on the property.
(d)
Portable food establishments and portable food courts are subject to inspection by the city prior to the connection of utility service or prior to opening for business, as applicable. In addition, unannounced inspections for enforcement of health and safety codes may be conducted at any time during the operation of a portable food court or individual portable food establishments.
(e)
Food booths and portable facilities used in conjunction with outdoor events lasting no longer than four consecutive days are exempt from this section, except for compliance with applicable health and sanitation regulations.
(Ord. No. 2012-12, § II, 6-5-12)
Sec. 64-210. - Penalty for violation.
A person subject to this chapter who fails to comply with its requirements commits a class C misdemeanor punishable as provided in section 1-8 of the Lockhart Code of Ordinances. Proof of a culpable mental state is not required for a conviction of a criminal offense under this chapter. Each day that a violation occurs is a separate offense. Nothing in this chapter shall be construed to limit, or have the effect of limiting, the city's authority to pursue any and all available civil actions or remedies in the application and/or enforcement of this chapter.
(Ord. No. 2012-12, § II, 6-5-12)