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Marble Falls City Zoning Code

ARTICLE 3

LAND USE

Section 3.1.1 - General Parameters for Determining Permitted Land Uses

A.

Generally. This Division identifies the land uses that may be allowed within each of the specified zoning districts established in Section 2.1.1, Zoning Districts Established, and sets out supplemental use regulations. Uses shall not be permitted, and buildings and structures associated with such use shall not be erected, structurally altered, or enlarged on a property, unless said use is permitted within the zoning district applicable to the property located within the City limits of Marble Falls, and in accordance to the provisions of these regulations.

B.

List of Permitted Land Use Tables. Permitted land uses are set out in the following sections:

1.

Section 3.1.2, Agricultural and Ranch Uses;

2.

Section 3.1.3, Residential and Neighborhood Uses;

3.

Section 3.1.4, Civic Uses;

4.

Section 3.1.5, Commercial Uses;

5.

Section 3.1.6, Industrial Uses; and

6.

Section 3.1.7, Home Enterprise Uses.

C.

Interpretation. Land uses are classified for each zoning district as either permitted by-right (P), permitted subject to restrictions (R), allowed if existing on the effective date of these regulations (E), permitted as a conditional use (C), permitted within a Master Planned Community (MP), or prohibited (—), as set out in this subsection and as shown in the land use tables in Section 3.1.2, Agricultural and Ranch Uses, through Section 3.1.7, Home Enterprise Uses.

1.

Permitted Uses (P). The use is permitted by-right in the specified zoning district, subject to the standards for permitted uses that are established by these regulations and any applicable City ordinance. Permitted uses do not require additional approval to be authorized within the applicable district.

2.

Restricted Uses (R). The use is allowed in the specified zoning district, subject to the standards for permitted uses that are established by these regulations and any applicable City ordinance, and any use-specific requirements set out in Section 3.2.1, Restricted and Conditional Uses. Restricted Uses may be administratively approved by the Director provided all requirements are met.

3.

Existing Uses (E). The use is only allowed in the specified zoning district if it existed at that location on the effective date of these regulations.

4.

Conditional Uses (C). The use requires approval by the City Council to be allowed within the specified zoning district, in addition to the standards for permitted uses that are established by these regulations and any applicable City ordinance, and any use-specific requirements which are set out in Section 3.2.1, Restricted and Conditional Uses. Conditional uses must be reviewed by the Planning and Zoning Commission after a public hearing and then approved by the City Council after a public hearing as set out in Section 11.3.4, Conditional Use Permit, and other applicable sections of these regulations.

5.

Master Planned Community Uses (MP). The use is allowed in the specified zoning district only with approval of a Master Planned Community as set out in Section 4.4.2, Master Planned Communities, and any applicable City ordinance. A Master Planned Community must be a minimum of 25 acres and allows administrative approval of a Concept Plan providing for a mix of new residential and nonresidential uses within the specified zoning district (cannot include existing residential or other development).

6.

Prohibited Uses (—). The use is prohibited in the specified zoning district.

D.

Principal and Accessory Uses. The City recognizes that multiple uses may occasionally occupy a property. These uses can be classified as Principal or Accessory, as follows:

1.

Principal Uses. The primary activity on a parcel of property is considered the Principal Use. Land uses listed in the land use tables of Section 3.1.2, Agricultural and Ranch Uses, through Section 3.1.6, Industrial Uses, shall be inferred to be a "principal use" as defined by these regulations. At times, however, a principal use identified in Section 3.1.2 through Section 3.1.6 may be secondary to another principal use (e.g., a drive-in or drive-through to a food and drink establishment) and may be subject to further use restrictions in Section 3.2.1, Restricted and Conditional Uses. When more than one principal use exists or is proposed on a parcel proposed for development, each shall be permitted in the zoning district and subject to any subsequent use restrictions and development standards.

2.

Accessory Uses. Uses that are typically incidental to and subordinate to but customarily associated with a specific principal use located on the same parcel of property are considered an Accessory Use. For example, a storage facility for light industrial services, a cafeteria within a hospital, or a car wash at a vehicle fueling station. The relationship among principal and accessory uses shall be determined either by definition of the principal use in these regulations or by customary association with the principal use, as determined by the Director. Accessory uses shall not be allowed without a principal use. Accessory uses shall be subject to the same regulations that apply to the principal uses in each district, except as otherwise provided in these regulations.

E.

Unlisted Uses. It is recognized that new types of land uses may emerge and forms of land use not presently anticipated may seek to locate to the City. The Director shall make a determination as to whether a particular unlisted use may be reasonably classified as adhering to a listed use as set out in this Division.

1.

Consideration of an unlisted use. The Director shall consider an unlisted use on a case-by-case basis and either determine that the proposed unlisted use is materially similar to an existing listed use as defined in these regulations (see Division 13.2, Definitions), or determine that the unlisted use is not materially similar.

a.

If the Director determines an unlisted use is materially similar to an existing listed use, such use will be authorized similar to the listed use and is subject to all of the same standards and requirements as set out in these regulations.

b.

If the Director determines that an unlisted use is not materially similar to an existing listed use, the unlisted land use shall be considered incompatible and a prohibited use from being located within the City. If desired, a text amendment to consider the land use can be subsequently initiated by the City Council, as set out in Section 11.3.9, Text Amendment.

c.

The Director may elect not to make a determination and request that the Planning and Zoning Commission interpret the unlisted use at their next regularly scheduled meeting. If the Planning and Zoning Commission renders an interpretation upon request of the Director, the Director shall adhere to and enforce the determination provided.

2.

Unlisted Use Determination Criteria. In considering an unlisted use, the Director, or in the event of referral, the Planning and Zoning Commission, shall take into consideration all the land development impacts the unlisted use may have including, but not limited to, parking demand, trip generation, impervious surface, regulated air or water emissions, noise, lighting, dust, odors, solid waste generation, potentially hazardous conditions, use and storage of materials, character of building and structures, nature and impacts of operation, hours of operation, volume and frequency of deliveries, utility impact, and compatibility with surrounding land uses.

Section 3.1.2 - Agricultural and Ranch Uses

The agricultural and ranch uses allowed in each zoning district are set out in Table 3.1.2, Agricultural and Ranch Uses by Zoning District.

Table 3.1.2
Agricultural and Ranch Uses by Zoning District
Land Use ZONING DISTRICTS
P=Permitted R=Restricted E=Existing C=Conditional
MP=Master Planned Community —=Prohibited
Reference to Supplemental Use Standards
Ag Residential ENZ Subdistrict Nonresidential
FR RE NR TR DR MR ENZ.1 ENZ.2 ENZ.3 ENZ.4 ENZ.5 NC GC DN DT BP IN
Animal Raising or Production P N/A
Commercial Stables P
Crop Production and Sales P R R Table 3.2.1.A
Game Ranch P N/A

 

Section 3.1.3 - Residential and Neighborhood Uses

The residential and neighborhood uses allowed in each zoning district are set out in Table 3.1.3, Residential and Neighborhood Uses by Zoning District.

Table 3.1.3
Residential and Neighborhood Uses by Zoning District
Land Use ZONING DISTRICTS
P=Permitted R=Restricted E=Existing C=Conditional
MP=Master Planned Community —=Prohibited
Reference to Supplemental Use Standards
Ag Residential ENZ Subdistrict Nonresidential
FR RE NR TR DR MR ENZ.1 ENZ.2 ENZ.3 ENZ.4 ENZ.5 NC GC DN DT BP IN
Cottage MP P P MP N/A
Single-Family Detached P P P P P MP P P P P P Table 3.2.1.B
Single-Family Attached MP P P MP C P P P N/A
Single-Family Zero Lot Line R R R MP R R R R N/A
Industrialized Housing R R R R R MP R R R R R Table 3.2.1.B
Manufactured Home R C C P Table 3.2.1.B
Manufactured Home Park C C C R Table 3.2.1.B
Tiny House Development C C C C C C C R Table 3.2.1.B
Duplex MP P P MP C P P P Table 3.2.1.B
Townhouse MP P P P P P R R Table 3.2.1.B
Triplex MP P C P P P Table 3.2.1.B
Quadplex MP P C P P P Table 3.2.1.B
Duplex MP P P MP C P P P Table 3.2.1.B
Townhouse MP P P P P P R R Table 3.2.1.B
Apartment, Attached C/MP C P P R R Table 3.2.1.B
Apartment, Detached C/MP C P P R R Table 3.2.1.B
Live-Work Unit R R R Table 3.2.1.B
Loft Apartment MP MP MP C P P Table 3.2.1.B
Group Home R R R R R R R R R R R C C C N/A

 

(Ord. No. 2019-O-05A, § II.A.1, 5-21-2019; Ord. No. 2020-O-03D, § II.B.1., 7-7-2020; Ord. No. 2023-O-10A, § II.A.5, 10-17-2023)

Section 3.1.4 - Civic Uses

The civic uses allowed in each zoning district are set out in Table 3.1.4, Civic Uses by Zoning District.

Table 3.1.4
Civic Uses by Zoning District
Land Use ZONING DISTRICTS
P=Permitted R=Restricted E=Existing C=Conditional
MP=Master Planned Community —=Prohibited
Reference to Supplemental Use Standards
Ag Residential ENZ Subdistrict Nonresidential
FR RE NR TR DR MR ENZ.1 ENZ.2 ENZ.3 ENZ.4 ENZ.5 NC GC DN DT BP IN
Aviation Uses,
Fixed Wing
C Table 3.2.1.C
Aviation Uses,
Rotary Wing
C C C C C C
Cemetery P R C E E E E E R R
Child-care Facility, Day-Care Center R MP C/MP C R C C C C R R C C C
Child-care Facility, Residential R R R C R R R R C
College/University P P P P N/A
Community Assembly/Amenity C C C C C C C C C C C R P P P C Table 3.2.1.C
Education R R R R R R R R R R
Government P P R R R P C C C C C P P P P P P
Housing & Services for the Aging C C C C C E E E C C C C
Hospital P N/A
Neighborhood Amenity R R R R R R R R R R R Table 3.2.1.C
Passive Outdoor Recreation P P P P P P P P P P P P P P P P P N/A
Provisional Housing C C C N/A
Religious Assembly P P R R R R R R R R R P P R R P P Table 3.2.1.C
Social Service Institution C R R R R Table 3.2.1.C
Transportation Facilities C C C C P Table 3.2.1.C
Utilities, Local/Neighborhood P P P P P P P P P P P P P P P P P N/A
Utilities, Major P R P N/A
Wireless Transmission Facilities C C C C C C C C C C C C C C C C C Table 3.2.1.C

 

(Ord. No. 2019-O-05A, § II.A.2, 5-21-2019; Ord. No. 2022-O-06A, § II.A.1., 6-7-2022; Ord. No. 2023-O-10A, § II.A.7, 10-17-2023)

Section 3.1.5 - Commercial Uses

The commercial uses allowed in each zoning district are set out in Table 3.1.5, Commercial Uses by Zoning District.

Table 3.1.5
Commercial Uses by Zoning District
Land Use ZONING DISTRICTS
P=Permitted R=Restricted E=Existing C=Conditional
MP=Master Planned Community —=Prohibited
Reference to Supplemental Use Standards
Ag Residential ENZ Subdistrict Nonresidential
FR RE NR TR DR MR ENZ.1 ENZ.2 ENZ.3 ENZ.4 ENZ.5 NC GC DN DT BP IN
Animal Clinic or Services P C R R Table 3.2.1.D
Bar or Night Club R R P R
Brewery/Distillery/Winery R R R R R R Table 3.2.1.D
Business/Trade School P P P P P N/A
Campground C Table 3.2.1.D
Car Wash C C R Table 3.2.1.D
Commercial Recreation/Entertainment C E E E E E R P C C Table 3.2.1.D
Food and Drink Establishment (general) R P R R Table 3.2.1.D
Food and Drink Establishment (neighborhood) MP MP MP E E E E E R P P P Table 3.2.1.D
Hotel/Lodging, Extended Stay P N/A
Hotel/Lodging, Full Service P P C Table 3.2.1.D
Hotel/Lodging, Limited Service C P P C Table 3.2.1.D
Hotel/Lodging, Resort P P N/A
Landscape Supply and Sales/Garden Center P R P Table 3.2.1.D
Medical Clinic P P P P N/A
Office MP C/MP C C/MP E E E E E P P P P P Table 3.2.1.D
Office, Medical MP C/MP C C/MP E E E E E P P P P P Table 3.2.1.D
Office, Showroom R C R P Table 3.2.1.D
Parking, Commercial C R R R Table 3.2.1.D
Pawn Shop R R Table 3.2.1.D
Personal Services MP MP MP E E E E E P R P P R
Recreational Vehicle (RV) Park C C C Table 3.2.1.D
Retail Sales, General MP MP MP E E E E E P P P P R Table 3.2.1.D
Retail Sales and Services, Heavy Equipment C R R P Table 3.2.1.D
Retail Sales and Services, Large Scale P N/A
Shopping Center MP MP MP P P
Special Event Venue C C R C C Table 3.2.1.D
Vehicle Gas or Fueling Station C R P Table 3.2.1.D
Vehicle Sales and Rentals R R P Table 3.2.1.D
Vehicle Services, Major C R P Table 3.2.1.D
Vehicle Services, Minor C R P Table 3.2.1.D

 

Section 3.1.6 - Industrial Uses

The industrial uses allowed in each zoning district are set out in Table 3.1.6, Industrial Uses by Zoning District.

Table 3.1.6
Industrial Uses by Zoning District
Land Use ZONING DISTRICTS
P=Permitted R=Restricted E=Existing C=Conditional
MP=Master Planned Community —=Prohibited
Reference to Supplemental Use Standards
Ag Residential ENZ Subdistrict Nonresidential
FR RE NR TR DR MR ENZ.1 ENZ.2 ENZ.3 ENZ.4 ENZ.5 NC GC DN DT BP IN
Contractor Services R R P Table 3.2.1.E
Industrial Services, Heavy P N/A
Industrial Services, Light R R P Table 3.2.1.E
Research & Development R N/A
Resource Extraction, Surface C Table 3.2.1.E
Resource Extraction, Subsurface C Table 3.2.1.E
Scrap and Salvage Yard C Table 3.2.1.E
Storage, Self R R Table 3.2.1.E
Storage Yard C R Table 3.2.1.E
Utility Service Provider R R P Table 3.2.1.E
Warehouse and Distribution R P Table 3.2.1.E
Waste Related Services C R Table 3.2.1.E

 

Section 3.1.7 - Home Enterprise Uses

Home enterprise uses are considered accessory uses to the principal residential use of the residential structure. The home enterprise uses allowed in each zoning district are set out in Table 3.1.7, Home Enterprise Uses by Zoning District.

Table 3.1.7
Home Enterprise Uses by Zoning District
Land Use ZONING DISTRICTS
P=Permitted R=Restricted E=Existing C=Conditional
MP=Master Planned Community —=Prohibited
Reference to Supplemental Use Standards
Ag Residential ENZ Subdistrict Nonresidential
FR RE NR TR DR MR ENZ.1 ENZ.2 ENZ.3 ENZ.4 ENZ.5 NC GC DN DT BP IN
Bed and Breakfast Lodging C C C C C C C C C R R R Sec. 3.2.1.F
Child-care, Family Home R R R R R R C C C C
Home Enterprise R R R R R R R R R R R

 

Section 3.1.8 - Prohibited Uses in All Districts

A.

Generally. The following uses are prohibited in all areas of the City.

B.

Prohibited Uses.

1.

Hazardous waste management facilities;

2.

Mobile Homes;

3.

Rendering plants; and

4.

All uses that are prohibited by local ordinance, state, or federal law, or involve the sale of materials prohibited by local ordinance, state, or federal law.

Section 3.2.1 - Restricted and Conditional Uses

A.

Generally. Pursuant to the land use tables of Section 3.1.2, Agricultural and Ranch Uses through Section 3.1.7, Home Enterprise Uses, certain uses may be permitted in certain zoning districts as a permitted use with restrictions (R) or as a conditional use (C) subject to use-specific supplemental regulations.

B.

Intent. The intent of permitting uses with restrictions or as a conditional use is to allow development to occur provided that certain compatibility considerations are met. In this regard, additional compatibility standards are integrated as part of the approval process.

C.

Applicability. This Section applies to all new development, and redevelopment when there is a proposed change of use.

1.

Restricted Uses (R). A Restricted Use may be administratively approved provided that it meets the standards for all permitted uses as set out in these regulations, other applicable City ordinances and regulations, and the standards set out in Subsection 3.2.1.D, Standards for Specific Restricted and Conditional Uses, of this Section.

2.

Conditional Uses (C). A Conditional Use may be approved after a public hearing and favorable decision by the City Council provided that it meets the standards for all permitted uses as set out in these regulations, other applicable City ordinances and regulations, and the standards set out in Subsection 3.2.1.D, Standards for Specific Restricted and Conditional Uses, of this Section.

D.

Standards for Specific Restricted and Conditional Uses. The following additional development and operational standards shall apply to Restricted Uses and Conditional Uses as identified in Division 3.1, Land Uses by Zoning District, of this Article.

Table 3.2.1.A
Agricultural and Ranch Restricted and Conditional Use Standards
Land Use District Development Standards Operational/Other Standards
Crop Production and Sales BP
IN
Crop production shall be entirely within an enclosed building. N/A
Table Notes: N/A means Not Applicable.

 

Table 3.2.1.B
Residential and Neighborhood Restricted and Conditional Use Standards
Land Use District Development Standards Operational/Other Standards
Single-Family Detached NC In addition to the requirement for approval of a Conditional Use Permit, the structure and site must develop under the standards for a single-family detached structure in the NR district. N/A
Single-Family Attached ENZ.2 There are no specific restrictions applicable to the Conditional Use Permit requirements.
Single-Family Zero Lot Line NR
TR
DR
ENZ.2
ENZ.3
ENZ.4
ENZ.5
Single-Family Zero Lot Line development shall only be allowed when included in a plat designating the lots for Zero Lot Line development. All Single-Family Zero Lot Line development standards specified in Subsection 4.2.10, Single-Family Zero Lot Line Development. N/A
Industrialized Housing FR
RE
NR
TR
DR
ENZ.1
ENZ.2
ENZ.3
ENZ.4
ENZ.5
All single-family detached or duplex industrial housing units shall be required to have similar exterior siding, roofing, roofing pitch, foundation fascia, fenestration, and a value equal to or greater than the median taxable value for each single-family detached dwelling unit located within 500 feet of the parcel proposed for development on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for the county. A complete set of designs, plans, and specifications shall be submitted to the Director with the Building Permit bearing a stamp of approval from the Texas Industrialized Building Code Council and confirmation that each module or modular component bears an approved decal or insignia by the Texas Department of Licensing and Regulation signifying that each module or modular component has received a post-construction inspection in conformance with state-mandated building codes. This requirement is in addition to general Building Permit requirements for all housing.
Manufactured Home FR
NR
MR
Manufactured Homes not otherwise located within a Manufactured Home Park shall be located within a Manufactured Home Subdivision as set out in Subsection 4.2.3.C, Manufactured Home Subdivisions. Manufactured Homes in the NR and MR districts also require approval of a Conditional Use Permit. Manufactured homes shall comply with minimum building standards as set out in Subsection 4.2.3.B, Manufactured Home Building Unit Standards.
Manufactured Home Park FR
NR
MR
Manufactured Home Parks in the FR, NR, and MR districts are subject to approval of a Conditional Use Permit and the requirements of Subsection 4.2.3.D, Manufactured Home Parks. Manufactured homes shall comply with minimum building standards as set out in Subsection 4.2.3.B, Manufactured Home Building Unit Standards.
ENZ.5 Manufactured Home Parks in the ENZ.5 district shall be subject to the requirements of Subsection 4.2.3.D, Manufactured Home Parks.
Tiny House Development FR
NR
TR
DR
MR
ENZ.3
ENZ.4
ENZ.5
Tiny House Developments are subject to the requirements of Section 4.2.4, Tiny House Development. Tiny House Developments in the FR, NR, TR, DR, MR, ENZ.3, and ENZ.4 districts are also subject to approval of a Conditional Use Permit. All tiny houses shall be connected to utilities as set out in Subsection 4.2.4.C.6, Utilities and Subsection 4.2.4.C.7, Solid Waste Disposal, and shall comply with minimum building standards as set out in Subsection 4.2.4.B, Tiny House Building Unit Standards.
Duplex ENZ.2 In addition to the requirement for approval of a Conditional Use Permit, duplex development in the ENZ.2 district must follow the standards for duplex development in the ENZ.3 district. N/A
NC In addition to the requirement for approval of a Conditional Use Permit, duplex development in the NC district must follow the standards for duplex development in the TR district.
Townhouse DN
DT
Buildings must be designed to create an urban character with pedestrian interface. Entrances are required to face the street and must include a porch or stoop. Required parking must be accessed via an alley. N/A
NC Limited to a maximum of 14 units per acre.
Triplex DR There are no specific restrictions applicable to the Conditional Use Permit requirement.
Quadplex DR There are no specific restrictions applicable to the Conditional Use Permit requirement.
Apartment, Attached and Detached DR Limited to a maximum of 20 units per acre. N/A
TR Limited to a maximum of 14 units per acre.
DN
DT
Limited to a maximum of 44 units per acre. Buildings must be designed to create an urban character, required parking is accessed via an alley and accommodated in a parking structure or a parking lot which uses the building to screen it from the public right-of-way. In the DN district, the first floor of the building shall be dedicated to nonresidential uses permitted within the district. No apartment units shall be located on the first floor in the DN District.
MR
ENZ.4
Must be licensed by the State of Texas. In addition to the group or community homes described in this Code it is the intent of the City to authorize any other group or community home use in residential districts if required by federal or state fair housing requirements.
GC
DT
In addition to the requirement for approval of a Conditional Use Permit, the facility must be licensed by the State of Texas and set up to house seven or more residents.
Live-work unit DN
DT
Live-work units must be designed with a residential external appearance in the form of a townhouse. Customer parking must be provided on street, in a parking structure, or via alley access. The area devoted to the residence cannot exceed 50% of the total floor area. N/A
NC The area devoted to the residence cannot exceed 50% of the total floor area.
Loft Apartment NC Limited to maximum of 14 units per acre. N/A
Group Home FR
RE
NR
TR
DR
ENZ.1
ENZ.2
ENZ.3
ENZ.5
Must be licensed by the State of Texas. Limited to a maximum of six residents and two supervisors. In addition to the group or community homes described in this code it is the intent of the City to authorize any other group or community home use in residential districts if required by federal or state fair housing requirements. N/A
MR
ENZ.4
Must be licensed by the State of Texas. In addition to the group or community homes described in this code it is the intent of the City to authorize any other group or community home use in residential districts if required by federal or state fair housing requirements. N/A
NC
GC
DT
In addition to the requirement for approval of a Conditional Use Permit, the facility must be licensed by the State of Texas and set up to house seven or more residents. N/A
Table Notes:
N/A means Not Applicable.

 

Table 3.2.1.C
Civic Restricted and Conditional Use Standards
Land Use District Development Standards Operational/Other Standards
Aviation Uses,
Fixed-Wing
FR Development of a new airport shall comply with Chapter 241, Municipal and County Zoning Authority Around Airports, of the Tex. Local Gov't Code. Approval of an aviation-related use may not be granted until the applicant obtains an airport use operating agreement for the subject facility.
Aviation Uses,
Rotary Wing
FR
GC
DN
DT
BP
IN
Development of heli-facility or heliport uses shall be designed according to the applicable design standards set out in the U.S. Department of Transportation Advisory Circular NO. 150/5390-2C, dated April 24, 2012, as may be amended. Application for construction of a heli-facility, heliport, or helistop shall demonstrate compliance with 14 CFR § 157.7, FAA Determination.
Cemetery RE
NR
NC
GC
New cemeteries shall take access from an arterial or collector street, be setback from any residentially used or zoned property by 100 feet, and enclosed by a wall or fence. N/A
Child-Care Facility, Day-Care Center FR
DR
MR
NC
GC
DN
DT
BP
Approval of a Conditional Use Permit is required for operation within the DR, DN, DT, or BP districts. The parcel proposed for development shall take access from an arterial or collector street. Access to the site shall be designed in a manner to facilitate safe and expedient pick-up and drop-off circulation without otherwise interfering with the parking lot. Outdoor activities shall be setback from any residentially used or zoned property by 100 feet and enclosed by a wall or fence. The owner/operator shall maintain all certification and licensing requirements by the state.
Child-Care Facility, Residential NR
TR
DR
N/A Limited to no more than six unrelated children.
MR
NC
There are no specific restrictions applicable to the Conditional Use Permit requirement.
Community Assembly/Amenity FR
RE
NR
TR
DR
MR
ENZ.1
ENZ.2
ENZ.3
ENZ.4
ENZ.5
In addition to the requirement for approval of a Conditional Use Permit, the parcel proposed for development shall take access from an arterial or collector street. Parking shall be accommodated on-site. Alternately, off-site parking can be established through a shared parking agreement provided the off-site parking lot is within 250 feet of the parcel proposed for development and connected via a sidewalk.
NC The parcel proposed for development shall take access from an arterial or collector street.
BP There are no specific restrictions applicable to the Conditional Use Permit requirement.
Education FR
RE
NR
TR
DR
MR
NC
GC
DN
DT
Parking shall be accommodated on site. Access to the site shall be designed to facilitate safe and expedient pick-up and drop-off circulation without otherwise interfering with the parking lot. Access to secondary schools shall be located on a collector or arterial level roadway. Outdoor activities shall be setback from any residentially used or zoned property by 25 feet and enclosed by a wall or fence. The queuing of vehicles shall comply with Section 8.3, Off-Street Stacking.
Government Facilities NR
TR
DR
The parcel proposed for development shall be screened by a landscaped Type C Bufferyard from any residentially used or zoned property. N/A
ENZ.1
ENZ.2
ENZ.3
ENZ.4
ENZ.5
There are no specific restrictions applicable to the Conditional Use Permit requirement.
Housing & Services for the Aging RE
NR
TR
DR
MR
NC
GC
ENZ.4
ENZ.5
In addition to the requirement for approval of a Conditional Use Permit, facilities designed to accommodate more than 10 residents shall take access from an arterial or collector street. No facilities shall be permitted at the intersection of two arterial streets. The owner/operator shall maintain all certification and licensing requirements by the state.
Neighborhood Amenity FR
RE
NR
TR
DR
MR
ENZ.1
ENZ.2
ENZ.3
ENZ.4
ENZ.5
N/A The property shall be owned and managed by a property owner's association and required parking shall be accommodated on-site.
Provisional Housing MR
NC
GC
In addition to the requirement for approval of a Conditional Use Permit, a provisional housing facility may not be located within 1,000 feet of a residentially zoned property, a primary or secondary school, a public park, or a religious assembly facility. N/A
Religious Assembly NR
TR
DR
MR
Facilities over 20,000 square feet shall take access from an arterial or collector street. Parking shall be accommodated on-site.
ENZ.1
ENZ.2
ENZ.3
ENZ.4
ENZ.5
The parcel proposed for development shall take access from an arterial or collector street.
DN
DT
Facilities in the DN and DT districts must provide an on-site parking garage for parking requirements. N/A
Social Service Institution DR
GC
DN
DT
BP
There are no specific restrictions applicable to the Conditional Use Permit requirement. A Conditional Use Permit is required if food service or showering facilities are included.
Transportation Facilities GC
DN
DT
BP
There are no specific restrictions applicable to the Conditional Use Permit requirement.
Utility Services, Major BP All above-ground structures and equipment must be screened from public view by a masonry wall with a minimum height of 12 feet or two feet above the height of the structure of equipment, whichever is less.
The use is set back a minimum of 25 feet from the right-of-way of all streets bounding the property.
Wireless Transmission Facility All
Districts
Wireless Transmission Facility subject to Section 4.6.6 of these regulations. Height is limited to 80' in residential zoning districts and limited to 160' in the nonresidential zoning districts.
Table Notes:
N/A means Not Applicable.

 

Table 3.2.1.D
Commercial Restricted and Conditional Use Standards
Land Use District Development Standards Operational/Other Standards
Animal Clinic or Services NC N/A The use will be conducted entirely within an enclosed building and no livestock or large animals (e.g., a horse) will be boarded, treated, or otherwise kept on the premises.
GC
IN
Outdoor dog runs and animal exercise areas will be set back at least 100 feet from any residentially used or zoned property and be screened by a wall or fence. No livestock or large animals (e.g., a horse) will be boarded, treated, or otherwise kept on the premises.
Bar or Nightclub NC The parcel proposed for development shall take access from an arterial or collector street. Outdoor seating areas, if present, and parking shall be set back at least 100 feet and physically separated from any residentially used or zoned property and screened by a wall or fence. No outdoor live music or entertainment is allowed.
GC
DT
Outdoor seating areas, if present, and parking shall be set back at least 100 feet and physically separated from any residentially used or zoned property and screened by a wall or fence. Outdoor live music and entertainment is allowed provided that it is setback at least 100 feet from any residentially used or zoned property and screened by a wall or fence.
Brewery/Distillery/Winery NC Maximum building size is 10,000 square feet. The parcel proposed for development shall take access from an arterial or collector street. Outdoor seating areas, if present, and parking shall be set back at least 100 feet and physically separated from any residentially used or zoned property and screened by a wall or fence. Facility must provide a customer component which may include a retail storefront, a tasting room, or a food or beverage servicing area. No outdoor live music or entertainment is allowed.
GC Any outdoor seating, live music, and/or entertainment areas shall be set back at least 100 feet from any residentially used or zoned property and screened by a wall or fence. Facilities over 40,000 gross square feet shall provide truck loading areas located to the rear of the building with direct access to an arterial or collector level street. N/A
DN
DT
Any outdoor seating, live music, and/or entertainment areas shall be set back at least 100 feet from any residentially used or zoned property and screened by a wall or fence. Facility must provide a customer component which may include a retail storefront, a tasting room, or a food or beverage servicing area.
BP
IN
A maximum of 25% of the establishment area may be dedicated for customer components. Any outdoor seating, live music, and/or entertainment areas shall be set back at least 100 feet from any residentially used or zoned property and screened by a wall or fence. N/A
Campground FR There are no specific restrictions applicable to the Conditional Use Permit requirement.
Car Wash GC
BP
IN
There shall be no more than four self-service bays; all mechanical equipment, excluding vacuum and air units is enclosed within a building; all facilities are designed and configured such that any outdoor spraying preparation or drying activities are directed away from any abutting residential district; bay access is designed to prevent headlights from shining onto any street or abutting a residential district. 
If self-service vacuums are provided, a minimum of one parking space per vacuum is required, which will not interfere with site circulation, driveways, or fire lanes. Access is taken from a collector or higher classification roadway. 
Car washes in all districts is a Restricted Use and must operate in compliance with the City's Drought Contingency Plan. 
In GC, in addition to a Conditional Use Permit, a car wash must meet the Restrictions listed herein.

All full-service vehicle wash facilities must be equipped with, operate, and maintain in operation, a water recycling system that will recycle not less than 50% of the water being used by the facility, and for existing automobile wash facilities, such system is required as a condition of any permit to:
i. Cumulatively expand the floor area of the vehicle wash facility building by more than 49% of the area of the vehicle wash facility building as it existed on the effective date of this Chapter;
ii. Demolish, destroy or remove and then replace more thana cumulative 49% of the floor area of the vehicle wash facility building as it existed on the effective date of this Chapter, except for the purpose of replacing or repairing water recycling equipment; or
iii. Enlarge the water tap, meter, or service line.
Proximity to other developed or entitled car wash facilities shall be examined as part of the Conditional Use Permit process to avoid clustering of uses along a corridor, intersection, or neighborhood.
Commercial Recreation/Entertainment FR In addition to the requirement for approval of a Conditional Use Permit, the facility must be located a minimum of 600 feet from any residentially zoned or used property; access to any service and parking areas for over 50 vehicles must be taken from a collector or higher classification street; and after hours lighting shall be limited to that necessary only for security purposes. N/A
NC The facility must be located a minimum of 600 feet from any residentially zoned or used property; access to any service and parking areas for over 50 vehicles must be taken from a collector or higher classification street; and after hours lighting shall be limited to that necessary only for security purposes. N/A
DN
DT
There are no specific restrictions applicable to the Conditional Use Permit requirement.
Food or Drink Establishment (general) NC Restaurant shall not include drive-through or drive-up or similar services. The parcel proposed for development shall take access from an arterial or collector street. Outdoor seating areas, if present, shall be set back at least 100 feet and physically separated from any residentially used or zoned property and screened by a wall or fence. No outdoor live music or entertainment is allowed.
DN
DT
Restaurant shall not include drive-through or drive-up or similar services. N/A
Food or Drink Establishment (neighborhood) NC The parcel proposed for development shall take access from an arterial or collector street. Outdoor seating areas, if present, shall be set back at least 100 feet and physically separated from any residentially used or zoned property and screened by a wall or fence. No outdoor live music or entertainment is allowed.
Hotel/Lodging, Full Service DT There are no specific restrictions applicable to the Conditional Use Permit requirement.
Hotel/Lodging, Limited Service NC In addition to the requirement for approval of a Conditional Use Permit, the building may be no more than two stories in height, and direct access to all rooms shall be interior. In addition, all hotel operations, including parking, shall be setback at least 100 feet and physically separated from any residentially used or zoned property and screened by a wall or fence. N/A
DT There are no specific restrictions applicable to the Conditional Use Permit requirement.
Landscape Supply Sales/Garden Center GC Landscape and material display must be located to the side and/or rear of building. Chain link fencing shall not be located in a front setback or street setback. N/A
Office TR
DR
MR
There are no specific restrictions applicable to the Conditional Use Permit requirement.
Office, Medical TR
DR
MR
There are no specific restrictions applicable to the Conditional Use Permit requirement.
Office, Showroom GC Product warehousing shall be incidental and not exceed 50% of the total floor area. Outdoor storage shall be limited to 25% of the square footage of the indoor use area and shall be completely screened by a wall or fence at least eight feet in height and a Type B landscape buffer. All loading spaces and docks shall be screened from public right-of-way. N/A
DN There are no specific restrictions applicable to the Conditional Use Permit requirement.
BP Incidental retail sales of products associated with the primary products and/or services is permitted but shall not exceed 25% of the total floor area. Outdoor storage shall be limited to 125% of the square footage of the indoor use area and shall be completely screened by a wall or fence at least eight feet in height and a Type B landscape buffer. All loading spaces and docks shall be screened from public right-of-way. N/A
Parking,
Commercial
NC
GC
DN
DT
The parcel proposed for development shall be limited to two acres in size and consist of a surface, structured, or combination parking lot. In the DN and DT districts, a surface parking facility shall have a maximum of 95 percent of impervious surface coverage. The use may be used as part of shared parking requirements.
Pawn Shop GC
IN
The parcel proposed for development shall be located no closer than 200 feet from any residentially used or zoned property. The owner/operator shall maintain compliance with Chapter 371, Pawnshops, of the Tex. Finance Code.
Personal Services BP Personal services are allowed as an ancillary use for up to 25% of primary use or gross floor area shall not exceed 2,500 square feet whichever is less. N/A
Recreational Vehicle (RV) Park FR
MR
ENZ.5
Recreational vehicles shall only be located within an RV Park subject to approval of a Conditional Use Permit and in accordance with the following: N/A
• An RV park shall be planned cohesively through a Site Development Plan.
• All RV parks shall take access from an arterial or collector street with a driveway width of at least 30 feet.
• A single recreational vehicle is allowed per space.
• RVs shall be placed on a permanent parking pad at least 10 feet in width and 24 feet in depth constructed of concrete, asphalt, or similar material approved by the City Engineer.
• Each RV space shall have adequate frontage width on an access drive to allow for loading/unloading maneuvering space.
• RV parks may include sanitary facilities, park facility storage buildings, and/or management offices.
• Common area amenities shall be required based on the number of units allotted per the Site Development Plan.
• All spaces shall provide connections to potable water and electrical power.
• The RV park shall provide a centralized solid waste collection facility.
• A permanent marker identifying the space number is required to be clearly visible day and night for emergency vehicles.
• Individual units/spaces shall not have accessory structures including, but not limited to, sheds and carports.
• Outside storage at individual units/spaces is not allowed, except for a barbeque pit or similar outdoor cooking apparatus.
• Individual RV units/spaces shall not have permanent decks and/or porches.
• Individual RV units/spaces shall not have fencing.
Retail Sales and Services, General BP N/A The proposed use is an accessory use to an otherwise permitted principal use. Any retail sales or services shall be materially related to something that is manufactured on site or primarily intended to serve employees on the site (e.g., cafeteria).
Retail Sales and Services, Heavy Equipment FR In addition to approval of a Conditional Use Permit, any storage of equipment shall be set back at least 150 feet from the right-of-way and shown on the Site Development Plan. A fire lane shall be shown within the storage area. The use shall be limited to sales and services of heavy equipment for agricultural uses.
GC
BP
Any storage of equipment shall be set back at least 150 feet from the right-of-way shown on the Site Development Plan. A fire lane shall be shown within the storage area. Liquids, gels, and pastes (e.g., paints, sealers, etc.) must only be stored in enclosed buildings; no storage of explosives; there is storage of no more than 50 gallons of motor fuel; no disposal of inoperable machines or wastes on-site.
Special Event Venue FR
NC
GC
DN
DT
Any outdoor seating, live music, and/or entertainment areas shall be set back at least 100 feet from any residentially used or zoned property and screened by a wall or fence. For large event venues, the City Engineer may approve an alternative parking material for overflow parking in addition to the minimum required by these regulations if the parking area is screened from view from the street and adjacent properties. Approval of a Conditional Use Permit is also required in the FR, NC, DN, and DT districts. N/A
Vehicle Gas or Fueling Station NC
GC
BP
No above-grade equipment for the service of gasoline, oil, air, or water (except irrigation systems) is closer than ten feet to any public right-of-way. Canopies shall be connected to or integrated into the architectural design of the building in terms of color, cladding, roofing and roof pitch, if provided. In the event the use is abandoned, all underground storage tanks and pumps are removed within 60 days.
A Type C buffer shall be installed along any property line that faces a residentially used or zoned area, regardless of separation by street. In the event the development is directly adjacent to a residentially zoned or used property, an eight feet high opaque masonry fence shall be installed the full length of the property line where it is adjacent. Customer 18-wheeler trucks are permitted only as approved on the Site Plan; fueling trucks and delivery trucks are excepted from this requirement. All on-site lighting must be dark sky compliant. Site Plans will be reviewed to ensure safety considerations including, but not limited to, well-lit interior and exterior; security cameras, and maintaining view of point of sale areas from the road.
Portable accessory buildings are not allowed. Car washes, if accessory to the service station, shall be limited to one stall and shall direct vehicular circulation for the car wash facility away from the circulation for the rest of the site and a stacking lane for the car wash includes a 12-foot wide "escape lane" to bypass the car wash. Proximity to other developed or entitled fuel sales facilities shall be examined as part of the Conditional Use Permit process to avoid clustering of uses along a corridor, intersection or neighborhood.
Vehicle fueling stations shall only be allowed in the BP district as an accessory use for the fueling of vehicles associated with the primary use. 
Overnight outdoor storage of material, merchandise, or equipment is only allowed within the first eight feet of the front façade as approved on the Site Plan. Refuse, trash, recyclables, and pallets must be stored in closed containers and in an area screened from view at all points on any public or private property or street.
Vehicle Sales and Rentals DN
GC
In DN, sales or rental offices only are allowed with one vehicle display example located inside the building. No other display or storage of vehicles shall be permitted on the premises or parking areas.
In GC, noncommercial moving trucks shall only be stored and parked in the rear yard behind the principal building.
Permanent and temporary tent canopies may be erected over areas used for automobile sales display and shall not be considered buildings, but may not encroach into building setbacks, required parking spaces, drive aisles or bufferyards. All necessary building permits shall be required, but a revision to an existing Site Plan shall not be required if the tent canopy is located over an existing display area. All safety issues regarding fire and building codes shall be addressed.
In GC, outdoor display shall follow an approved layout plan with parking striping.
No outdoor storage. Outdoor display of commercial vehicles shall be set back a minimum of 25 feet from all lot lines abutting residentially zoned or developed property.
Vehicle Services, Major GC
BP
In GC, all vehicle and outdoor storage areas shall be screened with Type C Bufferyard and located to the rear of the principal building.
In BP, all vehicle and outdoor storage areas shall be screened with Type D Bufferyard and located to the side and/or rear of the principal building.
Temporary outdoor storage of vehicles shall follow an approved layout plan with paving and parking striping. No long-term vehicle outdoor storage allowed.
Vehicle Services, Minor GC
BP
All service and repairs are performed within a fully enclosed building. No outdoor storage. Vehicle bay doors are located perpendicular to the public right-of-way and are not visible from abutting residentially zoned districts. Primary access is taken from a collector or higher roadway classification. N/A
Table Notes:
N/A means Not Applicable.

 

Table 3.2.1.E
Industrial Restricted and Conditional Use Standards
Land Use District Development Standards Operational/Other Standards
Contractor Services GC When located adjacent to a major arterial level street, the facility shall be set back at least 150 feet from the right-of-way. Additionally, unit doors shall not be visible from public rights-of-way nor residentially zoned or used properties. Outdoor storage shall be limited to 25% of the square footage of the indoor use area and shall be completely screened from view from the street and adjacent properties by a wall or fence at least eight feet in height and a Type C-landscape buffer. All loading spaces and docks shall be screened from public right-of-way. The use shall be conducted entirely within an enclosed building.
BP Outdoor storage shall be completely screened from view from the street by a wall or fence at least eight feet in height and a Type B landscape buffer.
Industrial Services, Light GC When located adjacent to a major arterial level street, the facility shall be set back at least 150 feet from the right-of-way. Additionally, unit doors shall not be visible from public rights-of-way nor residentially zoned or used properties. Outdoor storage shall be limited to 25% of the square footage of the indoor use area, shall be located to the rear or side of the primary building and shall be completely screened from view from the street and adjacent properties by a wall or fence at least eight feet in height and a Type B landscape buffer. All loading spaces and docks shall be screened from public right-of-way. The use shall be conducted entirely within an enclosed building.
BP Outdoor storage shall be completely screened from view from the street by a wall or fence at least eight feet in height and a Type B landscape buffer.
Research and Development BP Outdoor storage shall be completely screened from view from the street by a wall or fence at least eight feet in height and a Type B landscape buffer.
Resource Extraction, Surface
Resource Extraction, Subsurface
IN No blasting or use of explosives shall be permitted within an IN unless a City Council Conditional Use Permit approval for such activity is granted within the IN. The issuance of a specific City Council approval use permit is subject to the applicable provisions of this Code; provided, however, the city shall set a date of expiration for the permit. If such approval is granted, blasting may be used within the boundaries of the IN provided such use complies with the applicable requirements of the Unified Fire Code, or the International Fire Code as amended and adopted by the City Council.
A minimum buffer zone of 1,000 feet shall be maintained between the blasting area and the nearest residence or educational facility and shall be screened by a minimum 30-foot vegetated berm.
The extraction use must be setback 300+ feet from an arterial or collector street. The site is not within the cone of influence around a wellhead.
All quarrying, blasting drilling, and other resource extraction will be conducted in such a manner and on such scale as to minimize dust, noise and vibration and to prevent adversely affecting the surrounding neighborhood.

All equipment used in these operations shall be constructed, maintained and operated in such a manner as to eliminate as far as practicable, noise, vibration or dust which would injure or annoy persons living in the vicinity, and accessways or roads within the premises shall be maintained in a dust-free condition through surfacing or such other treatment as may be necessary.
Noise limits shall not exceed 85 decibels at any time of day in IN.
Blasting shall be permitted only during the following time periods:
(1) Monday through Friday (no Saturdays, Sundays, or legal holidays).
(2) 80% between the hours of 3:00 p.m. and 5:00 p.m.
(3) 20% between the hours of 10:00 a.m. and 11:00 a.m.
Crushing operations shall be permitted only during the following time periods:
(1) Monday through Saturday (no Sundays or legal holidays).
(2) 8:00 a.m. to 5:00 p.m.
Ground vibration shall be limited to a maximum of 0.28 PPV (peak particle velocity) as measured at 3,000 feet from the quarry property line or the nearest residence, whichever is closest.
Air overpressure (air shock) shall not exceed 127 dB (decibels).
Scrap and Salvage Yard IN The parcel proposed for development shall be located no closer than 600 feet from any residentially used or zoned property and take access from an arterial or collector street. All outdoor areas used for scrap and salvage storage shall be completely screened by a wall or fence at least eight feet in height and a 15-foot landscape buffer. Wrecked cars, junk, salvage, scrap, or other materials shall not be visible from adjacent properties or public rights-of-way above the required wall or fence.
Self-Storage GC Self-storage facilities shall be limited to storage use only, with the exception of an accessory leasing office, accessory retail sales, and/or single living quarters for security purposes.
When located adjacent to a major arterial level street, the facility shall be set back at least 150 feet from the right-of-way. Maximum height is 30 feet. Additionally, unit doors shall not be visible from public rights-of-way nor residentially zoned or used properties.
A 6 foot privacy fence constructed of masonry construction must enclose the entire area that includes the self-storage use with exception of the office and customer/employee parking. The outer wall of the building when constructed of brick, stone, split face or tilt-wall may serve as that portion of the fence; setbacks remain. Chain link fencing shall not be located in a front setback or street setback.
The use will be conducted entirely within an enclosed building. All units shall be accessed from an interior hallway and not contain an interior electrical outlet. Self-storage units shall be used solely for the purpose of storage and shall not be used to live in or for conducting or operating a business. Garage sales are prohibited.
IN Self-storage facilities shall be limited to storage use only, with the exception of an accessory leasing office, and accessory retail sales.
When located adjacent to a major arterial level street, the facility shall be set back at least 150 feet from the right-of-way. Additionally, unit doors shall not be visible from public rights-of-way nor residentially zoned or used properties. Outdoor storage areas shall be completely screened from view from the street by a masonry wall or fence at least eight feet in height.
Outdoor storage areas shall comply with Section 4.6.5, Outdoor Storage and Display of Merchandise. Self-storage units shall be used solely for the purpose of storage and shall not be used to live in or for conducting or operating a business. Outdoor storage shall not include the storage of wrecked or inoperable vehicles. No outdoor storage shall be permitted within a required setback or
required off-street parking.
Storage Yard BP In addition to the requirement for approval of a Conditional Use Permit, outdoor storage shall be completely screened from view from the street by a wall or fence at least eight feet in height and a Type B landscape buffer. N/A
IN When located adjacent to a major arterial level street, the facility shall be set back at least 150 feet from the right-of-way. The use shall be completely screened by a wall or fence at least eight feet in height and a Type B landscape buffer. Outdoor storage areas shall comply with Section 4.6.5, Outdoor Storage and Display of Merchandise.
Utility Service Provider GC When located adjacent to a major arterial level street, the facility shall be set back at least 150 feet from the right-of-way. Additionally, unit doors shall not be visible from public rights-of-way nor residentially zoned or used properties. Outdoor storage shall be limited to 25% of the square footage of the indoor use area and shall be completely screened from view from the street and adjacent properties by a wall or fence at least eight feet in height and a Type C landscape buffer. All loading spaces and docks shall be screened from public right-of-way. The use shall be conducted entirely within an enclosed building.
BP Outdoor storage shall be completely screened from view from the street by a wall or fence at least eight feet in height and a Type B landscape buffer.
Warehouse and Distribution BP The parcel proposed for development shall take access from an arterial or collector street. The use will be conducted entirely within an enclosed building.
Waste Related
Services
BP
IN
The facility shall be set back at least 100 feet from residentially zoned or used properties. Any outdoor recycling storage (bins) or activities shall be visually screened from any adjacent roadways, residentially zoned or used properties, and any other nonindustrial uses by an eight-foot perimeter fence constructed of brick, stone or similar masonry product. Approval of a Conditional Use Permit is also required within the BP district. All solid, liquid or sanitary waste collected shall be stored and all manufacturing or production of goods or energy from solid, liquid or sanitary waste or recycled materials shall be conducted in an enclosed building.
Table Notes:
N/A means Not Applicable.

 

Table 3.2.1.F
Home Enterprise Restricted and Conditional Use Standards
Land Use District Development Standards Operational/Other Standards
Bed and Breakfast Lodging FR
RE
NR
TR
DR
ENZ.1
ENZ.2
ENZ.3
ENZ.4
In addition to approval of a Conditional Use Permit, the owner/operator of the bed and breakfast shall be a full-time resident of the main dwelling on the property in which the use is located. No more than four guestrooms per property shall be allowed. On-site parking (except driveways) shall not be located in the front yard and shall be screened by a wall or fence at least six feet in height and a five-foot landscape buffer. Each guest room has access to a hall or exterior door. No food preparation, except beverages, is allowed within individual guestrooms and preparation and service of food shall conform to all applicable regulations of the State of Texas and Burnet County. No meals may be served to the general public.
Guestroom rentals shall not be allowed for more than 21 consecutive days.
NC
DN
DT
No more than six guestrooms per property shall be allowed. On-site parking (except driveways) shall not be located in the front yard and shall be screened by a wall or fence at least six feet in height and a five-foot landscape buffer. Each guest room has access to a hall or exterior door.
Child-care, Family Home FR
RE
NR
TR
DR
MR
ENZ.1
ENZ.2
ENZ.3
ENZ.4
There shall be at least 100 square feet of outdoor open space per child, which is entirely enclosed by a building, fence, or wall with a height of at least six feet. Approval of a Conditional Use Permit is also required within the ENZ.1, ENZ.2, ENZ.3, and ENZ.4 districts. The owner/operator for the use meets all certification, licensing, and/or monitoring requirements of the state, and no more than one person, other than members of the immediate family residing in the dwelling unit, shall be employed to operate the facility.
Home Enterprise FR
RE
NR
TR
DR
MR
ENZ.1
ENZ.2
ENZ.3
ENZ.4
ENZ.5
The home enterprise shall be clearly incidental and secondary to its principal use as a dwelling unit by its occupants (nonresident employees are not permitted). The property and buildings must remain residential in appearance; this includes no external alterations to the dwelling unit; no outdoor storage including, but not limited to, equipment, materials, supplies, and vehicles with more than two axles; no visible display of goods, products, services; and no signage. In addition, home enterprises may be located within the principal structure or a permitted accessory structure in accordance with the following:
1. Principal Structure. The area dedicated to the use shall not be greater than 20 percent of the livable floor area of the first floor of the principal structure, or 500 square feet, whichever is less.
2. Accessory Structure. The area dedicated to the use shall not exceed the maximum square footage allowed for all accessory buildings or structures as set out in Section 4.6.1, Accessory Buildings and Structures, and any other applicable standards of these regulations.
A home enterprise shall not generate sound, smell, vibration, light, or dust that is offensive or that creates a nuisance; nor generate traffic between the hours of 8:00 p.m. and 6:00 a.m. In addition, no hazardous materials may be manufactured, stored, processed, or disposed of on the premises.
All vehicle parking related to the home enterprise shall occur on the residential driveway or permitted on-street parking, provided that on-street parking is allowed.
If the home enterprise includes on-site instructional services (e.g., music, dance, or educational tutoring), no more than five students shall be allowed at one time.
Deliveries by commercial vehicle are limited to the hours of 8:00 a.m. to 6:00 p.m.; however deliveries by a regular carrier such as USPS, UPS, and FedEx may be delivered during their typical hours.
The following home enterprises are not allowed: child-care facilities with greater than ten children, retail sales, vehicle sales and services, including the painting of vehicles, contractor yards, animal breeding, animal hospitals, pet grooming, commercial kennels, commercial stables, veterinary offices, clinics, hospitals, barbershops and beauty parlors exceeding one chair, contractor's yards, junkyards, lodging houses, massage parlors/therapy clinics, rental outlets, adult oriented businesses or vehicle repair shops.
Table Notes:
N/A means Not Applicable.

 

(Ord. No. 2019-O-05A, § II.A.3—5, 5-21-2019; Ord. No. 2020-O-03D, § II.B.2.—5., 7-7-2020; Ord. No. 2023-O-10A, § II.A.10—15, 10-17-2023)