The supplementary standards provided herein are for the purpose of maintaining orderly uses within each District compatible with the health and general welfare of the citizens of the city.

(Ord. 08-347, passed - -2008)

   (A)   The use table of this section provides a tabular summary of the land use types permitted within each zoning district.

   (B)   The table is intended for reference only and does not necessarily reflect all of the regulations that may apply to particular uses or districts.

   (C)   If a conflict occurs between the use table and the regulations found within the individual district §§ 155.075 through 155.084, the text of the individual district regulations shall control.

      (1)   Permitted by right. Uses identified with a "P" are permitted by right and shall be permitted in the corresponding district subject to all other applicable standards of this chapter and code requirements.

      (2)   Specific uses. Uses identified with "S" are allowed in the corresponding district only with approval of a specific use permit.

      (3)   Not permitted. Uses not identified in a particular district column are not allowed in the district.

      (4)   Conditions. The final column of the use table (CONDS) contains references to supplementary use standards applicable to a use in one or more districts. The referenced standards appear in § 155.097 below pertaining to supplementary use standards.

   (D)   The Zoning Administrator may interpret a new and unlisted use as one of the listed uses in the Use Table. The unlisted use should possess characteristics similar to those of the listed use. Such an interpretation will not require an amendment of the Use Table. However, the Zoning Administrator will maintain a written record of all interpretations made under this provision. If the Zoning Administrator declines to interpret a new and unlisted use as a listed use, the Administrator will ask the Commission to make a recommendation to the Council on placement of the new use in the Use Table, and the Council will consider an amendment to the Use Table to incorporate the new use.

 

(Ord. 08-347, passed - -2008; Ord. 2013-08-20-1, passed 8-20-2013; Ord. 2016-06-07, passed 6-7-2016; Ord. 2016-08-02, passed 8-2-2016)

   (A)   No permit shall be issued for any development or use of land unless the activity is in compliance with all applicable supplementary use standards specified in this section.

   (B)   Unless otherwise indicated, the listed standards apply in all districts in which the subject use is permitted.

   (C)   The supplementary use standards shall be as follows.

      (1)   Church or place of worship. Churches and places of worship shall not be allowed in the R-1, R-1A or R-2 Districts, unless direct vehicle access is provided from a collector or arterial street or major thoroughfare, or unless the point of access to the off-street parking area serving the use is located within 1,500 feet of a collector or arterial street or major thoroughfare, as measured along the centerline of the street right-of-way leading to the church or place of worship. This standard shall not apply to churches or places of worship located in the MU District.

      (2)   College or university. Direct vehicle access to college and university facilities shall be provided from a collector or arterial street or major thoroughfare. This standard shall not apply in the MU, C-1 or C-2 Districts.

      (3)   Family home day care. The following shall apply to family home day care facilities in residential districts:

         (a)   Facilities shall comply with all applicable state regulations;

         (b)   There shall be no signs or other exterior visible evidence of the conduct of a business; and

         (c)   No more than one person outside the immediate family of the caretaker may be employed at any time.

      (4)   Day care centers. The following shall apply to commercial day care centers in all districts:

         (a)   Day care centers shall comply with all applicable state regulations; and

         (b)   All outdoor play areas shall be enclosed by a fence or wall with a minimum height of four feet.

      (5)   Heavy industry. No heavy industry use shall be allowed to locate within 100 feet of the right-of-way of a public street or within 500 feet of the lot line of a lot that is zoned R or that contains a single-family, duplex, mobile home or multi-family use, unless approved as a variance under § 155.042.

      (6)   Home occupations. The following home occupation standards are intended to permit residents to engage in home occupations within R and NC zoning districts that are compatible with residential land uses and to ensure that home occupations do not adversely affect the integrity of residential areas. These home occupation standards shall have no application in the MU District. A home occupation shall be considered an accessory use, subject to the following standards:

         (a)   A home occupation must be conducted within a dwelling which is the bona fide residence of the principal practitioner;

         (b)   There shall be no signs or other exterior visible evidence of a home occupation;

         (c)   There shall be no visible storage of equipment, materials or vehicles that have more than two axles;

         (d)   The home occupation shall be conducted entirely within the principal residential building;

         (e)   No equipment shall be used that creates undue noise, vibration, electrical interference, smoke or particulate matter emission, excessive power demands or odors. Home occupations shall comply with the operational performance standards of § 155.061; and

         (f)   Persons other than a member of the immediate family occupying such a dwelling may be employed; provided, however, no more than two persons other than family members shall be employed at any one time.

         (a)   The application submitted by a business for a specific use permit under § 155.040 shall include a site plan showing the location of all structures/facilities, including river access points, parking/driveway areas, shuttle vehicle dropoff/pickup/turnaround areas, vehicle/equipment storage areas, and water quality detention ponds. If one or more off-site river access points will be used, a separate site plan showing parking/driveway areas and shuttle vehicle dropoff/pickup/turnaround areas shall be submitted for each such access point. If an off-site access point is on private property, the application shall include written permission for the applicant's use and for all required improvements to the access point area. If an off-site access point is on public property or right-of-way, the application shall include written approval by the entity having jurisdiction over the area for the applicant's use and for all required improvements to the access point area.

         (b)   The minimum lot size shall be ½ acre (21,780 square feet) for the principal business site and for the site of any accessory use such as customer parking or vehicle/equipment storage.

         (c)   The front setback shall be 100 feet.

         (d)   The side and rear setbacks shall be 50 feet, unless a larger setback is required under § 155.060.

         (e)   The maximum lot coverage shall be 50%.

         (f)   All driveways, shuttle vehicle dropoff/pickup/turnaround areas, customer vehicle parking areas, and vehicle/equipment storage areas shall be paved (concrete, HMAC, or pervious pavement/pavers).

         (g)   All impervious and paved areas shall be graded to drain to water quality detention ponds sized to handle 5-year and 25-year rain events.

         (h)   All alterations to existing grades within 100 feet of the edge of a river shall be designed by a Texas-registered professional engineer and shall be subject to approval by the city floodplain administrator, the U.S. Army Corps of Engineers, the Texas Commission on Environmental Quality, and all other regulatory authorities with jurisdiction over the work.

         (i)   All improvements shall be constructed, operated and maintained in full compliance with Chapter 153, Flood Damage Prevention.

         (j)   Each river access point used by the business shall include at least one ADA accessible route for entry to the river.

         (k)   Permanent, site-built restroom facilities shall be provided at each river access point used by the business; the minimum number of fixtures will be determined in accordance with the current adopted plumbing code standard for facilities for outdoor sporting events and activities, with the facility capacity determined by the number of tubes available for rental for any purpose.

         (l)   Direct vehicle access to each business site, including customer parking and vehicle/equipment storage areas, shall be provided from a collector or arterial street or major thoroughfare.

(Ord. 08-347, passed - -2008; Ord. 2016-08-02, passed 8-2-2016)

   (A)   Principal uses classified as permitted uses by the district regulations of this subchapter and §§ 155.075 through 155.084 above shall be deemed to include accessory uses and activities that are customarily associated with and appropriate, incidental and subordinate to permitted principal uses.

   (B)   Accessory uses and activities shall be subject to the same regulations as principal uses unless otherwise stated.

   (C)   Accessory uses shall be as follows:

      (1)   Residential accessory uses. Residential accessory uses shall include but not be limited to the following accessory uses, activities and structures:

         (a)   Fences and walls;

         (b)   Garages, carports, driveways and off-street parking areas;

         (c)   Gates and guardhouses;

         (d)   Home occupations, subject to the standards of § 155.097 above;

         (e)   Playhouses, patios, cabanas porches, gazebos and incidental household storage buildings;

         (f)   Radio and television receiving antennas and support structures;

         (g)   Recreational facilities for the use of residents;

         (h)   Keeping of domestic animals for noncommercial purposes;

         (i)   Solar energy systems; and

         (j)   Other necessary and customary uses determined by the Zoning Administrator to be appropriate incidental and subordinate to the principal use on the lot.

      (2)   Retail, commercial and office accessory uses. Retail, commercial and office accessory uses shall include but not be limited to the following accessory uses, activities and structures:

         (a)   Dwelling units for security or maintenance personnel;

         (b)   Fences, walls, gates and guardhouses;

         (c)   Parking garages, driveways and off-street parking areas;

         (d)   Radio and television receiving antennas and support structures;

         (e)   Signs, subject to city ordinances regulating same;

         (f)   Solar energy systems; and

         (g)   Other necessary and customary uses determined by the Zoning Administrator to be appropriate, incidental and subordinate to the principal use on the lot.

         (a)   Definition. In this division, COMMUNICATION TOWER means a structure 40 feet or more in height that supports one or more communication antennas, including self-supporting lattice towers, guyed towers or monopole towers. If a communication tower is not mounted on a building, the height is measured from the grade adjacent to the base of the tower. If a communication tower is mounted on a building, the height is measured from the area of the building where the base of the tower is mounted. COMMUNICATION TOWER does not include a support structure for an antenna serving police, fire, or another emergency service provider, nor does it include a utility structure such as a water tank or power line support tower upon which antennas are located if the antennas do not extend more than ten feet above the highest point of the utility structure.

            1.   The zoning districts within which communication towers may be located are shown in the Use Table in § 155.096.

            2.   A communication tower shall not be located closer to any residential district boundary line or residential dwelling than a distance equal to twice the height of the tower. This distance shall be measured as the shortest possible distance in a straight line from the tower to the closest point of the residential district boundary line or the residential dwelling.

            3.   No communication tower, support building, foundation, support wires or other appurtenances shall be located within any required front, side, or rear setback area.

            4.   A building permit is required to erect a communication tower or to install an antenna on a communication tower. Communication towers and antennas must meet or exceed the current federal, state and local standards and regulations.

            5.   Communication towers shall be equipped with safeguards to prevent unauthorized access. Safeguards can include devices recommended by the tower manufacturer, fencing, walls, climbing guards, or other security devices.

            6.   Collocation is greatly encouraged by the city. All new communication towers over 50 feet in height shall be constructed to support antennas for at least two carriers.

            7.   Support buildings and storage areas shall be screened from public view by a wall, opaque fencing, or landscaping, shall meet all applicable front, side and rear yard setback requirements, and shall use exterior colors and materials that are compatible with nearby structures.

            8.   No signs other than those required by law shall be mounted on a communication tower, support building, or associated wall or fence.

            1.   The city may not unreasonably discriminate among providers of functionally equivalent services;

            2.   The city may not regulate in a manner that prohibits or has the effect of prohibiting the provision of personal wireless services;

            3.   The city must act on applications within a reasonable period of time;

            4.   The city must make any denial of an application in writing, and supported by substantial evidence in the minutes of the meeting; and

            5.   The city may not base a decision directly or indirectly on the environmental effects of radio frequency emissions.

(Ord. 08-347, passed - -2008; Ord. 2015-02-17-04, passed 2-17-2015)