Not more than six (6) disabled persons, regardless of their legal relationship to one another, and two (2) supervisory personnel may reside in a community home at the same time.

A community home shall provide the following services to the disabled residents: Food and shelter, personal guidance, care, habilitation services, and supervision.

The residents of a community home may not keep on the premises of the home or on the public rights-of-way adjacent to the home, more than one (1) motor vehicle per bedroom for the use of the residents of the community home.

Meet the current fire suppression and alarm requirements for a new house and any other state requirements.

A community home may not be established within one-half (1/2) mile of a previously existing community home.

Lots shall be a minimum of two (2) acres;

A maximum of two (2) horses per acre shall be permitted, regardless of ownership, for all lots five (5) acres or less; and

For lots in excess of five (5) acres, there shall be no limitation on the maximum number of horses per acre.

In computing the parking requirements for any building or development, the total parking requirements shall be the sum of the specific parking space requirements for each class of use included in the building development.

In the VC or CB districts, no parking space or other automobile storage space which is visible from the street shall be used for the storage of any commercial type vehicle including but not limited to commercial type truck, panel truck, box truck, commercial type van, box van, and trucks, vans or other vehicle that exceeds a two (2) ton capacity.

Floor area of structure devoted to off-street parking of vehicles shall be excluded in computing the off-street parking requirements of any use.

All required parking spaces in all nonresidential zoning districts shall be located in such a manner so as to permit maneuvering from each space to the nearest adjacent public street or alley without encroachment on the other parking spaces or requiring other vehicles to be moved.

Where nonresidential or multifamily parking is constructed adjacent to residentially zoned property, a masonry screening wall of at least six feet (6') in height but not greater than eight feet (8') in height shall be erected.

An appeal may be allowed for the standard parking requirements with submission of a parking study as part of the site plan approval process to the planning and zoning commission.

Parking and drives to be weather-impervious surface. Parking and fire lanes shall be a minimum of three thousand five hundred pounds per square inch (3,500 psi) concrete of six inches (6") thick with six inches (6") of flex base material compacted to ninety-five percent (95%).

Where questions arise concerning the minimum off-street parking requirements for any use not specifically listed, the requirements may be interpreted as those of a similar listed use.

Where a determination of the minimum parking requirements cannot be readily ascertained for new or unlisted uses according to subsection (a) above or where uncertainty exists, the minimum off-street parking requirements shall be established by the same process as provided in section 14.03.801 for classifying new and unlisted uses.

Each parking space shall be not less than nine feet (9') wide nor less than eighteen feet (18') in length with a curb stop, otherwise 20 feet (20') in length. Maneuvering space shall be in addition to parking space and shall be not less than twenty-four feet (24') perpendicular to the building or parking line.

Each parking space shall be not less than nine feet (9') wide perpendicular to the parking angle nor less than eighteen feet (18') in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than twenty feet (20') perpendicular to the building or parking line.

Each parking space shall be not less than nine feet (9') wide perpendicular to the parking angle nor less than eighteen feet (18') in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than eighteen feet (18') perpendicular to the building or parking line.

For retail, commercial, sales, service, or industrial use buildings and establishments, off-street loading facilities shall be provided in accordance with the following schedule:

For hotels, office buildings, restaurants, and similar establishments, off-street loading facilities shall be provided in accordance with the following schedule:

Each required loading space shall have a minimum size of twelve feet by sixty feet (12' x 60') for LI and twelve feet by thirty-five feet (12' x 35') for CB uses with a vertical clearance of at least fourteen feet (14'), together with access and maneuvering areas.

No loading facilities may be located facing any street.

Loading facilities located on the side of a building but not facing a street shall be set back from the front property line a minimum distance of sixty feet (60').

The driveway entry radius must not overlap the common property lines as projected to the street.

Driveway culverts must be sized for each specific application. For new development, culvert size and material will be specified on the civil construction plans for each lot. For all other applications, the culvert size and material will be specified by the city at the time of the building permit or at the time a drive entry is required by the property owner. Culvert pipe material shall be either of reinforced concrete or minimum 16 gauge galvanized corrugated steel.

Except for the location, all other requirements relating to off-street parking shall be met.

Such space shall be conveniently usable without causing unreasonable:

A written agreement shall be drawn to the satisfaction of the city attorney and executed by all parties concerned, assuring the continued availability of the off-street parking facility for the development it is intended to serve, subject to a minimum of the following conditions:

The following corrections shall be made to the table of octave band-decibel limits in determining compliance with the noise level standards:

"Daytime" shall refer to the hours between 7:00 a.m. and 7:00 p.m. on any given day.

"Bounding property line" shall be interpreted as being at the far side of any street, alley, stream, or other permanently dedicated open space from the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between two parcels of property shall be interpreted as the bounding property line.

"Measurement of noise" shall be made with a sound level meter or octave band analyzer meeting the standards prescribed by the American Standards Association.

The following uses and activities shall be exempt from the noise level regulations herein specified:

Non-point source emissions from operations and uses in any district shall not cause, create, or allow emissions of smoke or particulate matter in violation of requirements specified by the Texas Commission on Environmental Quality (TCEQ) for control of air pollution from visible emissions and particulate matter as provided in the Texas Administrative Code, title 30, part 1, chapter 111.

The open storage and open processing operations, including on-site transportation movements which are the source of wind- or air-borne dust or other particulate matter, or which involve dust or other particulate air contaminant generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage or sand blasting, shall be so conducted that dust and other particulate matter so generated is located in concentrations not exceeding fifty-four (54) grains per one thousand (1,000) cubic feet of air.

No use shall be located or operated in any district which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the threshold at the bounding property line or any point beyond the tract on which such use or operation is located.

The odor threshold as herein set forth shall be determined by observation by a person or persons. In any case, where uncertainty may arise or where the operator or owner of an odor-emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures as specified by American Society for Testing Materials (ASTMD) 1391-57 entitled "Standard Method for Measurement of Odor in Atmospheres" shall be used and a copy of ASTMD 1391-57 is hereby incorporated by reference.

No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted in an "LI" district except that chlorates, nitrates, perchlorates, phosphors, and similar substances and compounds in small quantities for use by industry, school laboratories, druggists, or wholesalers may be permitted when approved by the fire department.

The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents, and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the city.

The height regulations prescribed herein shall not apply to church spires, belfries, monuments, tanks, water and fire towers and spires, chimneys, elevator penthouses, smokestacks, conveyers, flagpoles, and necessary mechanical appurtenances.

Public or semipublic service buildings, hospitals, institutions, or schools, where permitted, may be erected to a height not exceeding sixty feet (60') and churches and other places of worship may be erected to a height not exceeding seventy-five feet (75') when each of the required yards are increased by one foot (1') for each foot of additional building height above the height regulations for the district in which the building is located.

Where twenty-five percent (25%) or more of the frontage upon the same side of the street between two intersecting streets is occupied or partially occupied by a building or buildings with front yards of less depth than required by this chapter, or where the configuration of ground is such that conformity with the front yard provisions of this chapter would work a hardship, the board of adjustment may permit modifications of the front yard requirements.

Visibility triangles will be maintained at all street intersections. The minimum triangle shall be thirty-five feet (35') along each right-of-way line. No fence, structure, or planting higher than two feet (2') above the established street grades, nor any tree shall be permitted within this area.

Open and unenclosed terraces or porches and eaves and roof extensions may project into the required front yard for a distance not to exceed four feet (4'), provided, however, that no supporting structure for such extensions may be located within the required front yard. An unenclosed canopy for a gasoline filling station may extend beyond the building line but shall never be closer to the property line than twelve feet (12'). The building line of a gasoline filling station shall mean the actual wall of the building and shall not be interpreted as being the curb of a walk or driveway or as the front of a canopy of the columns supporting same.

Where an official line has been established for future widening or opening of street upon which a lot abuts, then the width of a front or side yard shall be measured from such official line of the future street.

On a corner lot the width of the yard along the side street shall not be less than any required front yard on the same side of such street between intersecting streets, provided, however, that the buildable width of a lot of record shall not be reduced to less than thirty feet (30').

No accessory building shall project beyond a required yard line along any street.

The area required in a yard shall be open to the sky, unobstructed except for the ordinary projections of the window sills, belt courses, cornices, or other ornamental features.

A roof overhang, an open fire escape, or an outside stairway may project not more than three feet (3') into a required side yard.

The exploration for or the production of oil, gas and other minerals (including sand, gravel and select fills) is prohibited in the following districts:

Exploration for or the production of oil, gas and other minerals (including sand, gravel and select fills) is allowed by specific use permit only in the following districts:

Every application for a permit to drill for or the production of oil, gas and other minerals (including sand, gravel and select fills) shall be:

No permit shall be issued for any oil or gas well to be drilled at any location within an oil well drilling block or a gas well drilling unit, which location is nearer than five hundred feet (500') to any residence, building or structure, unless the applicant for the permit for such well first secures the written permission of the owner of such residence, building or structure.

In addition to the requirements for specific use permits as stated in article 14.02, division 4, of this chapter, the applicant is required to provide the city with proof of adequate insurance providing personal injury and property damage protection and demonstrate that adjacent districts will not suffer an adverse impact.

All nonessential lighting in any district will be required to be turned off after business hours in the commercial zones and after midnight in residential areas, leaving only the necessary lighting for site security. The nonessential lighting shall remain off until dawn or one-half hour before a business opens, whichever is earlier. "Nonessential" can apply, but is not limited to: display, aesthetic, parking, sign lighting, playground, or yard lights excluding seasonal lighting in residential.

No use or operation in any district shall be located or concentrated so as to produce intense glare or direct illumination across the bounding property line for a visible source of illumination nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. The pre-curfew illuminance level measured on the property line at eye height on a plane perpendicular to the line of sight shall be no greater than three (3) lux. The post-curfew illuminance level measured on the property line at eye height on a plane perpendicular to the line of sight shall be no greater than one (1) lux.

All street or other common or public area pole-mounted lights shall be fully shielded. General requirements applicable to all outdoor lighting:

All parking area lighting shall be full cut-off type fixtures. Pole-mounted lights shall be a maximum height of twenty-five feet (25'), measured from ground level to the base of the light fixture.

All building lighting for security or aesthetics will be full cut-off or a shielded type, not allowing any upward distribution of light, and shall not exceed a height of twenty-five feet (25'), measured from ground level. Floodlighting is discouraged, and if used, must be shielded to prevent:

Unshielded wall-pack type fixtures are unacceptable.

Adjacent to residential property, no direct light source will be visible at the property line at ground level or above.

Externally lit signs, display, building and aesthetic lighting must be lit from the top and shine downward. The lighting must be shielded to prevent direct glare and/or light trespass. The lighting must also be, as much as physically possible, contained to the target area. Internally lighted signs are acceptable. (See article 3.16 of chapter 3 for further restrictions on lighted signs.)

The "maintained horizontal illuminance recommendations" set by the Illuminating Engineering Society of North America (IES) shall be observed.

A photo-metric light plan shall be included in all site plans and shall include, but not be limited to, locations, size, height, orientation, wattage, design and plans of all outdoor lighting and lighted signs. For site plans showing a high level of illumination, the commission may require an isolux plan indicating levels of illumination in footcandles, at ground level. The plan shall adhere to the "maintained horizontal illuminance recommendations" set by the Illuminating Engineering Society of North America (IESNA). (See appendix A.)

Should any outdoor light fixture or the type of light source be changed after the site plan has been approved, a change request must be submitted in writing to the building inspector for his approval, together with adequate information to assure compliance with this division, which must be received prior to substitution.

Any person may submit a written request, on a form prepared by the city, to the development services director for a temporary lighting exemption request. A temporary exemption shall contain the following information:

Such other data and information as may be required by the development services director:

The development services director shall have five (5) business days from the date of submission of the request for temporary exemption to act, in writing, on the request. If approved, the exemption shall be valid for not more than thirty (30) days from the date of issuance of the approval. The approval shall be renewable at the discretion of the development services director upon a consideration of all the circumstances. Each such renewed exemption shall be valid for not more than thirty (30) days.

Existing lighting in conflict with this division shall be classified as nonconforming.

Nonconforming lighting shall not be altered, rebuilt, enlarged, extended, or relocated, unless doing so brings it into conformance.

Nonconforming lighting shall not be permitted to remain after cessation or change of the business or activity to which the lighting pertains.

Maintain neighborhood and community integrity and preserve the existing character of neighborhoods by encouraging compatible land uses.

Provide the residents of the city the opportunity to use their property to enhance the quality of life and/or fulfill personal objectives as long as the use of the property is compatible with the land uses or character of the neighborhood.

Assure that public and private services such as streets, water, stormwater drainage, and electrical systems are not burdened by accessory uses to the extent that the accessory usage exceeds that which is normally associated with the principal use of the property.

Accessory buildings and structures may be erected, maintained, and used for purposes which are clearly subordinate to the principal building, structure, or use permitted on the premises.

Accessory buildings, structures, and uses shall be so constructed, maintained, and utilized so that the use of the building, structure or equipment located therein does not produce excessive noise, vibration, concussion, dust, dirt, smoke, odors, noxious gases, heat, traffic, glare from artificial illumination or from reflection of light that may be offensive to persons of ordinary sensibilities that occupy surrounding properties.

The total square footage of the principal building or structure and any accessory buildings or structures shall not exceed the lesser of fifty thousand (50,000) square feet or thirty percent (30%) of the lot square footage without a specific use permit. Additionally, the total square footage of an accessory dwelling unit (ADU) shall not exceed nine hundred (900) square feet without a specific use permit. A specific use permit for an ADU in excess of nine hundred (900) square feet may be permitted by the city council when such property owner can show the following:

Except as provided herein, no trailers, containers, commercial boxes or other similar prefabricated containers shall be used as accessory buildings or structures. Exceptions to this subsection (d) are as follows:

Except in the agricultural use district (AO), accessory buildings shall be built after the principal building or structure is substantially complete. Accessory buildings used for agricultural purposes that may be built before the principal building or structure in AO districts:

Game/party room, art studio, or pool house may be a standalone structure, or attached but not interconnected to the principal building. structure, or dwelling. All areas associated with, or providing support to a game/party room, art studio, or pool house shall be used in calculating the square footage of the game/party room, art studio, or pool house. These areas include but are not limited to habitable spaces, closets, halls, condors, bathrooms, porches, patios, storage rooms, covered vehicle storage areas, utility rooms, and similar spaces. Game/party room, art studio, or pool house shall comply with the following:

Retaining walls;

Air-conditioning mechanical equipment;

Uncovered flatwork (such as, but not limited to, patios, sidewalks, concrete pool decking and driveways);

Playhouses less than one hundred and twenty-five (125) square feet without running water or electricity, playground equipment, tree forts, and similar structures located behind the front of the principal building or structure; and

Temporary (less than seven (7) days) membrane structures (such as, but not limited to, tents and bounce houses).

ADUs may only be used and/or occupied by the owner/occupant of the principal building, structure, or dwelling unit, their family, invited guests and/or domestic staff. An ADU is considered part of the principal building provided it is interconnected to or attached by a breezeway a minimum of twenty feet (20') wide and not greater than twenty-four feet (24') long. ADU's may be standalone structures, attached but not interconnected to the principal building, structure, or dwelling, or be part of a permitted accessory building. All areas associated with, or providing support to an ADU shall be used in calculating the square footage of the ADU. These areas include but are not limited to habitable spaces, closets, halls, corridors, bathrooms, porches, patios, storage rooms, covered vehicle storage areas, toilet rooms, utility spaces, and similar areas. The calculation of area associated with an ADU is not intended to include areas of accessory buildings that are isolated and/or delineated for other uses, including but not limited to areas used as a barn, workshop, game/party room, art studio, or pool house. ADUs shall comply with the following:

To protect and provide for the public health, safety, and general welfare of the city.

To enhance the ability of the providers of telecommunications services to provide such services to the community safely, effectively, and efficiently.

To provide regulations for antenna support structures and antennas that provide secure mounting and construction and prevent interference with public safety communications equipment.

To encourage the users of support structures and antennas to collocate where possible and to locate all facilities, to the extent possible, in areas where adverse impact on the community is minimal. Alternative or stealth designs are encouraged for all antenna support structures, antennas, and supporting equipment.

To protect and enhance the city's environmental and aesthetic quality.

To identify standards in order to ensure equitable treatment of providers of functionally equivalent telecommunications services.

This division applies to all telecommunication towers, support structures, and antenna installation unless exempted in (b) below.

Exemptions:

Support structures or antennas legally installed before adoption of this division [January 16, 2006] are not required to comply with this division but must meet all applicable state and federal requirements, building codes, and safety standards.

An AM array shall be subject to these regulations. An AM array consisting of one or more support structure units and supporting ground equipment, which functions as one AM broadcasting antenna, shall be considered one support structure. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the support structures, including the guide wires, in the array. Additional support structure units may be added within the perimeter of the AM array by right.

Antennas and support structures may be considered either principal or accessory uses.

Antenna installations shall comply with all other requirements of all city ordinances and the zoning ordinance with the exception of those specified within this division.

An antenna which is attached to an existing tower may be approved by the city manager to minimize adverse visual aspects associated with the proliferation and clustering of towers, and collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the provision in section 14.04.345 of this division.

Applications for antennas and antenna support structures shall include the following:

All commercial attachments including but not limited to signs, flags, lights and attachments, other than those required for emergency identification, communications operations, structural stability, or as required for flight visibility by the FAA and FCC, shall be prohibited on any antenna or antenna support structure. However, lights may remain or be replaced on light standards that are altered or replaced to serve as antenna support structures with fixtures that comply with the lighting regulations of the city. However, this provision shall not preclude the inclusion of an antenna within or mounted on a flagpole.

All antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other state and federal agency with regulatory authority over support structures and antennas. If standards change, owners must comply within six months or as required by the regulating authority.

A building permit is required to erect or install an antenna, antenna support structure, and related equipment, unless the particular antenna is exempt from regulations of this division. All installations must comply with applicable state and local building codes and the standards published by the Electronic Industries Association as may be amended from time-to-time. Owners shall have thirty (30) days after receiving notice that an installation is in violation of applicable codes to fully comply, or the owner may appeal to the city council.

All support structures and antennas must be constructed and operated in a manner that does not create electromagnetic or other interference with the city's radio frequencies and public safety operations as required by the FCC.

No commercial antenna, antenna support structure, microwave reflector/antenna, or associated foundations or support wires may be located within any required front, side, or rear yard setback.

All antennas and antenna support structures owned and/or operated by a governmental entity shall be permitted by right in any district.

Safeguards shall be utilized to prevent unauthorized access to an antenna support structure. Safeguards include those devices identified by the manufacturer of the antenna support structure utilized, a fence, climbing guard, or other commercially available safety device. Climbing spikes must be removed after use.

Temporary antennas shall only be allowed in the following instances:

Applicants must notify the city of any change in collocation or backhaul providers within thirty (30) days of the exchange.

All new support structures over sixty feet (60') in height must be constructed to support antennas for at least two (2) carriers, unless the structure is an alternative or stealth design, or the support structure is replacing an existing utility structure or light standard. Sufficient area for associated structures and equipment must also be provided. A written agreement committing to shared use as required by this section shall be submitted by the tower applicant. The willful and knowing failure of the owner of a tower built for shared use shall be in violation of this division and, among other remedies of the city, shall be cause for the withholding of future permits to the same owner to install, build or modify antennas or towers within the city.

A support structure which is modified or reconstructed to accommodate collocation shall be of the same type or design as the existing structure and is subject to the following regulations:

When mounted on rooftops, they must be screened by a parapet wall or other mechanical unit screening.

When ground mounted, they must comply with the following:

In all zoning districts, except for commercial business "CB" and light industrial "LI," antennas and antenna support structures are prohibited, except as specified within this division.

In commercial business "CB" and light industrial "LI" districts antennas and antenna support structures are allowed as follows:

The antennas and support structures may be attached to an existing improvement or replace an existing improvement. The improvement shall be capable of supporting the antenna and any associated equipment and shall not interfere with the use or other operations of the city.

Prior authorization for use of city property must be shown by a franchise, lease, license, permit, or other document duly executed by an authorized city representative and adopted in conformance with all applicable city regulations for the property. The granting of a franchise, lease, license, or permit is at the discretion of the city council or its authorized designee and must comply with all ordinances.

The antennas and any accompanying equipment must comply with all ordinances, rules, and regulations.

Support structures shall have a galvanized steel finish or shall be painted a neutral color, unless other designs and colors are required by the Federal Aviation Administration for safety purposes.

Antennas and supporting equipment installed on an existing structure other than a support structure must be of a neutral color that is compatible with the color of the supporting structure.

An applicant may appeal a decision of the city manager for an antenna installation not requiring a specific use permit to the city council by filing a notice of appeal within ten (10) days following the date the city manager notifies the applicant of his action. The city council may approve, conditionally approve, table, or deny an appeal. All decisions of the city council are final.

Any entity that desires to erect or utilize telecommunications facilities that would be limited by the provisions of this division may petition the city council to modify this division. In determining the need to initiate an amendment to this division, the city council shall consider the extent to which strict application of these regulations would prohibit or have the effect of prohibiting communications services.

The provisions of this division apply only to antennas and antenna support structures used in licensed amateur communications. If the communication facilities do not comply with the applicable district development standards and the following regulations, then a specific use permit shall be required.

In the event of a conflict between the rules and regulations in this division and the rules and regulations promulgated by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA), federal law shall control.

No more than two (2) antenna support structures for licensed amateur communications shall be allowed per lot of record in a residential district. Upon a showing of a compelling communications need, the design review committee (DRC) may administratively approve additional antenna support structures.

Exceptions:

The number and size of antennas placed upon an antenna support structure used for licensed amateur communications shall be limited by the wind load requirements contained in the current version of the city's building codes or by the manufacturer's specifications for wind loading, whichever is more restrictive.

Lights mounted on antenna support structures shall comply with the city's dark sky ordinance.

Antenna support structures shall be installed and may be modified in accordance with the manufacturer's specifications or under the seal of a registered professional engineer of the state.

Antennas and antenna support structures that have, due to damage, lack of repair, or other circumstances, become unstable, lean significantly out-of-plumb, or pose a danger of collapse shall be removed or brought into repair within ninety (90) days following notice given by the building official; provided that the building official may order immediate action to prevent an imminent threat to public safety or property.

Only licensed amateur radio operators shall be permitted to install, or have installed, and operate licensed amateur communication facilities under the provisions of this division. Proof of license shall be required at the time application is made for a building permit to install and operate licensed amateur communication facilities under the provisions of this division.

Any decision made by the development services director may be appealed to the planning and zoning commission. An agenda request shall be filed with the city secretary by the ham radio operator fifteen (15) days prior to the next regularly scheduled meeting of the planning and zoning commission.

The purpose of this division is to facilitate the siting, installation, and construction of small, medium, and large wind energy conversion systems within the city, subject to reasonable restrictions, which will preserve the health and safety of the public, ensure compatibility with surrounding land uses, and provide guidelines in the protection of listed species.

To the extent this division conflicts with state or federal law, such state or federal law controls.

The requirements of this section apply within the city where all wind energy conversion systems used to generate electricity or perform work that may be connected to a utility grid, serve as an independent source of energy, or serve as a hybrid system.

Wind energy systems in place prior to the effective date of this division are not required to meet the requirements of this section with the exception of those wind energy systems abandoned pursuant to section 14.04.436(f)(2).

Any preexisting wind energy system that is not producing energy for a continuous period of six (6) months must meet the requirements of this section prior to recommencing production of energy.

Any physical modification to an existing and permitted wind energy system that materially alters the size, type, power output, or number of wind energy systems, or other equipment, requires a permit modification from the city.

Accessory use for this section refers to the stipulation that the energy generated by a wind energy system must be used on site and any additional energy produced above the total on-site demand can only be sold to an electrical utility that normally provides electrical power to the property.

Wind energy systems with a total rated capacity less than one kilowatt (1 kW) of power that do not, and will not, require or implement the conversion of direct current (DC) to alternating current (AC) are exempt from the requirements of this section, with the stipulation that no wind energy system may extend more than fifteen feet (15') above the primary supporting section of the structure being used for mounting.

All wind energy systems must be approved under an emerging technology program, such as the California Energy Commission, IEC, or any other small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy.

All wind energy systems require a building permit, electrical permit, and review by the city.

All wind energy systems must be inspected by the city's building and electrical inspectors.

All reviews by the city must be performed, and the building permit, electrical permit, and if applicable, specific use permit, must be issued prior to the mounting, pouring of a concrete pad, or construction and assembly of the wind energy system.

All wind energy systems and associated components, including, but not limited to, generator, rotor blades, or other components and covers, must be constructed of materials and be installed to meet or exceed the minimum wind resistant construction standards of the Texas State Department of Insurance Wind Load Factors for the North Texas area and the city's building code.

All wind energy systems must have automatic and manual braking systems that engage at the maximum wind speeds allowable as designated for the type of wind energy system installed, to prevent uncontrolled rotation and excessive pressure on the tower structure, rotor blades, and turbine components.

The owner and operator of a wind energy system must maintain the system to manufacturer standards. All required periodic maintenance must be performed as recommended by the manufacturer.

All wind energy systems must maintain a nonreflective white, off-white, grey or tan finish.

Wind energy systems may not be artificially lighted, unless requested or required by the Federal Aviation Administration.

All wind energy systems must be located under the following setback and clearance requirements, measured from the center of the turbine base:

The following wind energy systems are prohibited in all zoning districts:

Plans submitted for review with the building permit application must disclose how the property owner and operator shall minimize shadow flicker to any occupied building on or off site, by limiting flicker effect to a maximum of two (2) five-minute (5) periods in one (1) day.

All proposed wind energy systems are subject to the requirements listed under the F.A.A. Order JO 7400.2, "Procedures for Handling Airspace Matters Advisory Circular AC 70/7460-1K," and title 14 Code of Federal Regulations (14 CFR) part 77, "Obstruction Marking and Lighting, Obstruction Standards." The applicant shall file form 7460-1 with the F.A.A., if the proposed wind energy system extends more than two hundred feet (200') aboveground or is closer than twenty thousand feet (20,000') from a public use airport with a runway more than three thousand two hundred feet (3,200') in length.

The wind energy system is presumed to be at the end of its useful life if no electricity is generated for a continuous period of six (6) months.

The property owner or operator shall, at their sole expense, complete decommissioning of the wind energy system within six (6) months from the time it is determined that the wind energy system has met the end of its useful life as outlined in this section.

Decommissioning must include removal of the entire wind energy system, including buildings, cabling, electrical components, and any other associated facilities.

Disturbed earth must be graded and reseeded.

Original signatures are required for the applicant and all co-applicants applying for the specific use permit, building permit and electrical permit. If the applicant or co-applicant is represented by an agent, the original signature of the property owner authorizing the agent to represent the applicant and/or co-applicant is required. The following information must be included on the application under the project description:

Two (2) twenty-four inches by thirty-six inches (24" X 36") sheet site plans and one (1) digital copy. Two (2) copies of a site plan submitted for a small wind energy system may be submitted on eight and one half inches by fourteen inches (8-1/2" X 14") sheets, with the requirement that all of the submittal requirements listed under this section are included on additional site plan sheets. The site plan must include the following information:

Several maps or a map overlaid with the following information:

Certified and sealed engineered drawings prepared by a professional engineer registered with the state are required, and must include the following information:

In addition to the site plan, applications for all wind energy systems must include proof of the following in the form of written statements:

The proposed wind energy system must be designed and operated to protect public safety by measures that may include, but are not limited to, the following:

To protect and provide for the public health, safety and general welfare of the city.

To enhance the ability of the providers of wireless broadband services to provide such services to the community safely, effectively, and efficiently.

To provide regulations for the safe and secure installation of broadband antenna support structures.

To minimize the number of broadband antenna support structures in a neighborhood and adjacent area:

Broadband antennas and support structures shall be considered accessory uses.

Broadband antenna and broadband support structure installations shall comply with all other requirements of city ordinances and the zoning ordinance with the exception of those specified within this division.

All broadband antennas and broadband antenna support structures must meet or exceed current standards and regulations, and registration requirements of the Federal Aviation administration (FAA), the Federal Communications Commission (FCC), and any other state and federal agency with regulatory authority over support structures and antennas. If standards change, owners must comply as required by the regulating authority.

A building permit is required for all broadband antenna support structures. All broadband antenna support structure installations must comply with applicable state and local building codes and the standards published by the Electronic Industries Association as may be amended from time-to-time. Review of the building permit and any subsequent review by the design review committee must be conducted within reasonable time frame to prevent or delay installation, maintenance or use of broadband antennas in accordance with FCC regulations.

All broadband support structures and broadband antennas must be constructed and operated in a manner that does not create electromagnetic or other interference with the city's radio frequencies and public safety operations as required by the FCC.

The number and size of broadband antennas placed upon a broadband antenna support structure used for broadband communications shall be limited by the wind load requirements contained in the current version of the city's building codes or by the manufacturer's specifications for wind loading, whichever is more restrictive.

To the extent possible, broadband antenna support systems should be in areas to provide minimal impact on the community. Alternative or stealth designs are encouraged for all broadband antenna support structures.

There shall be no minimum or maximum separation requirements for broadband antenna support structures from other structures on the same lot of record.

The fall radius for broadband antenna support structures shall be equal to the total height of the structure.

Lights other than lights required or recommended by the FAA mounted on antenna support structures shall comply with the city's dark sky ordinance.

Broadband antenna support structures shall be installed in accordance with the manufacturer's specifications. Modifications to the manufacturer's installation specifications shall bear the seal and signature of a state-licensed professional engineer.

Broadband antennas and broadband antenna support structures that have, due to damage, lack of repair, or other circumstances, become unstable, lean significantly out-of-plumb, or pose a danger of collapse shall be removed or brought into repair within ninety (90) days following notice given by the building official; provided that the building official may order immediate action to prevent an imminent threat to public safety or property.

If the broadband antenna support structure and broadband antennas are no longer being utilized, the owner of the property on which an antenna structure is located shall remove the structure from the property within ninety (90) days.