The following definitions shall apply to the textual provisions of this ordinance. Other definitions as set forth in the General Provisions of this Code of Ordinances may also apply but are not to be deemed in conflict with the terms and definitions hereunder:

Accessory Building. A detached subordinate building located on the same lot as the main building, the use of which is incidental to that of the dominant use of the premises.

Accessory Use. A use incidental to and customarily associated with a principal use or building on the same premises.

Alley. Alley means a minor public right-of-way which provides a secondary means of vehicular access to abutting property and which is used primarily for vehicular traffic to the rear or side of properties which otherwise abut on a public street as that term is defined in this section.

Amusement Facility. An amusement enterprise offering entertainment or games to the general public, for a fee, including but not limited to, a bowling alley, billiard/pool hall, facility for video games, computer games, skill or pleasure coin operated machines or amusement redemption machines. An Amusement Facility also includes an enterprise that, as a part of its commercial business, offers the opportunity to play an on-site computer/electronic game or electronic sweepstake by which money or items of a monetary value can be won, regardless of whether the customer pays for the opportunity to play the on-site computer/electronic game or electronic sweepstakes directly or obtains the right to play by virtue of purchasing another service or item from the enterprise.

Amusement Facility does not include a business that exhibits less than five video games, computer games, skill or pleasure coin operated machines or amusement redemption machines as a secondary use of the property, if the business does not otherwise fall into the definition of an Amusement Facility.

Area of Lot. The area of a lot shall be the net area of the lot and shall not include portions of streets or alleys.

Bar. An establishment, licensed by the State for the sale of alcoholic beverages, that derives more than 75 percent of the establishment's gross revenue from the on-premise sale of alcoholic beverages for on-premise consumption.

a.

For purposes of this Code, any establishment that sells or serves alcoholic beverages in quantities that exceed 75 percent of the establishment's gross revenue shall be defined as a "bar."

b.

For purposes of this definition, "gross revenue" shall be calculated using the normal selling price of all items of food and alcoholic beverages served in the establishment and shall reflect the price normally charged for such items in the particular establishment for which the gross revenue figure is calculated, whether such items is actually sold at normal selling price, below normal entrance fee, or other consideration paid. Reduced prices charged during promotions, happy hours, and other occasions when drinks are sold at reduced prices or served at no charge, shall not be considered "normal selling price" for calculation of gross revenue.

Basement. The part of a building from one floor to the next floor above which has part of, but less than one half of, it's height below grade. If a basement is subdivided and used for dwelling purposes. It is counted as a story; a cellar is not.

Board. The Zoning Board of Adjustment established in this ordinance.

Buildable Width. The width of a lot left to be built upon after side yards are provided.

Building. A structure having a roof supported by columns or walls for the shelter, support, or enclosure of persons, property, or animals.

Cellar. The part of a building from one floor to the next floor above which has more than one-half of its height below grade. If a basement is subdivided and used for dwelling purposes, it is counted as a story; a cellar is not.

City. The City of McGregor, Texas.

City Manager. Chief city administrator.

City Secretary. The city secretary of the City of McGregor.

Commission. The Planning and Zoning Commission of McGregor, Texas.

Common Open Space. Open space which is available and accessible to occupants of the use located on the same lot as the open space. Within a planned development, a parcel or parcels of land or an area of water, or a combination of land and water, designed and intended for the use and enjoyment of the residents of the planned development.

Council. The City Council of McGregor, Texas.

District. An area of the city within which specified regulations and requirements contained in this ordinance are uniformly applied.

Drive Approach. The entrance for a driveway that runs between the edge of a street and the property line of the tract which is accessed by the driveway.

Family. One or more persons related by blood, marriage or adoption, or a group not to exceed four (4) persons not all related by blood or marriage, adoption or guardianship, occupying a dwelling unit and living as a single housekeeping unit. This definition does not necessarily apply during times of declared emergencies.

Fence, Privacy. A fence constructed of wood slats, chain link with slats, masonry or similar material, not less than six (6) feet in height and so constructed and maintained as to virtually prevent vision through it.

Floor Area. The total enclosed area of all floors in a building, measured to the surface of the exterior walls. "Floor area" does not include porches, parking facilities, breezeways, basements or cellar space.

Floor Area Ratio. The ratio of floor area to gross site area.

Garage, Private. An accessory building for the storage of motor vehicles owned or used by the occupants of the main building.

Grade:

• For a building more than five (5) feet from any street line, the average level of the finished surface of the ground adjacent to the building.

• For a building, any portion of which is located within five (5) feet of a street line or lines, the sidewalk level or the average sidewalk levels if there Is more than one street. If there is no sidewalk, the grade is the equivalent established ground surface adjacent to the street line, or the average of such surfaces if there is more than one street.

Half-Story. A space under a sloping roof which is at least three (3) feet high. No more than sixty (60) per cent of the floor grade to area of a half-story may be finished for use.

Height of a Building. The vertical distance from the grade to:

• The highest point on a flat roof;

• The deck line of a mansard roof; or

• The mean height between eaves and ridge for gable, hip and gambrel roofs.

Impervious surface. An area surfaced with asphalt, concrete or interlocking permeable pavers.

Landowner. The legal or beneficial owner of all of the land included in a planned development. "Landowner" also includes the holder of an option or contract to purchase, a lessee having a remaining term of not less than forty (40) years, and any other person having an enforceable proprietary interest in such land.

Lot. A parcel of land which is sufficient in size for a use permitted by this ordinance and which meets the yard, area, and off-street parking requirements of this ordinance.

Lot, Corner. A lot situated at the intersection of two (2) public street right-of-ways.

Lot, Interior. A lot other than a corner lot.

Lot, Through. A lot other than a corner lot, with frontage on two (2) streets. On a through lot, both street lines shall be deemed front lot lines (double frontage).

Lot, Front. That boundary of a building lot which is also the line of an existing or dedicated street. Upon corner lots, either street line may be selected as the front lot line provided a front and rear yard are established adjacent and opposite, respective to the front lot line.

Lot of Record. An area of land designed as a lot on a subdivision plat duly recorded with the County Clerk; or an area of land held and ownership described by metes and bounds upon a deed recorded or registered with said county clerk.

Lot Depth. The horizontal distance between the midpoint of the front line and the midpoint of the rear lot line.

Lot Width. As used in the Zoning Ordinance of the City of McGregor, the width of a lot at the front yard building setback line.

Main Building. A building occupied by a primary use.

Non-Conforming Building. Any building, or part thereof, lawfully existing or occupied at the effective date of this ordinance which does not comply, after the passage of this ordinance with the regulations of the district in which it is located.

Non-Conforming Lot. Any lot lawfully existing at the effective date of this ordinance that does not conform, after the passage of this ordinance with the regulations of the zoning district in which it is located.

Non-Conforming Use. Any use lawfully existing at the effective date of this ordinance, which does not conform, after the passage of this ordinance with the regulations of the district in which it is located.

Non-Residential Zoning District. Any designation other than "R-10,000", "R-7,200", "R-6,000", "MH", "MD" or "MF".

Open-air Vending. Retail sales exclusively outside an enclosed building. Generally, a collection or group of outdoor stalls, booths, tables, or other similar arrangement used by individual vendors for the display and sale of various items of new or used personal property. Often times referred to as a "flea market". "Open-air vending" does not include occasional sales by a permanent business on property adjacent to the permanent business location.

Open Space. Land which is not covered by structures or paved area.

Parking Space. An area, enclosed or not enclosed, sufficient to store one (1) automobile and connected to a public street or alley by a driveway arranged to permit the ingress and egress of the automobile at all times. An area enclosed or not enclosed of at least 200 square feet, sufficient to store one (1) automobile and connected by an impervious surface connecting to a public street or alley.

Paved Area. An area surfaced with asphalt, concrete, pavers, or similar impervious surface, not including gravel.

Person. An individual and a firm, corporation, partnership, joint venture, business trust, association, or organization, either for profit or nonprofit.

Planned Development (PD). A group of buildings designed for construction as a unified development under plans approved under this part of the zoning ordinance.

Premises. Land together with any contiguous land in common ownership and any buildings located on the land.

Public Building. A building owned or used exclusively by the city, county, state, or federal governments.

Public Use. A use of structures or land conducted as a function of the city, county, state, or federal governments.

Screening. A barrier of stone, brick, pierced brick or block, wood or other permanent material of equal character, density and acceptable design at least six feet in height, where the solid area equals at least 65 percent of the wall surface, or an all season landscape screen four (4) feet in width densely planted with a combination of deciduous and evergreen trees and shrubs which have an initial height of three (3) feet and will obtain a height of six (6) feet within thirty-six (36) months after installation. The device shall be continually maintained. The city council may approve a screening device composed of landscaping material where it can be shown that the planting will be installed and continually maintained in accordance with the intent of this ordinance.

Sign. Any structure or combination of structure and/or message in the form of a display, device, figure, painting, drawing, placard, poster, billboard, advertising structure, advertisement, logo, symbol or other form, designed to advertise or to inform the public. "Sign" does not include an official traffic control sign, an official marker, a national or state flag, or governmental signs and announcements.

Single Ownership. The proprietary interest of a landowner.

Story. The part of a building from one floor to the next floor above or to the ceiling above if there is no floor above.

Street. Property dedicated for and accepted by the city for primary public access to lots.

Structural Alteration. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or exterior walls.

Structure. Anything built that requires a permanent location to include but not limited to a mobile of manufactured home.

Subdivision.

(1)

the division of any lot, tract or parcel of land into two or more parts, lots, building lots or sites or building sites, for the purpose, whether immediate or future, of sale, rental, lease or division ownership, and which may or may not include the dedication and laying out (or realignment) of new streets, roads, alleys, public easements, rights-of-way, highways or other public access ways. The term "subdivision" includes the resubdivision or replatting of land or lots which are part of a previously recorded subdivision. A subdivision of five acres or more which includes the planning or development of a new street or access easement or realignment of an existing street is included in this definition. The term "subdivision" also includes an addition.

(2)

The term "subdivision" does not include divisions of land for agricultural purposes in parcels of five acres or more and where no building construction is involved.

Urban Services. Normal services available in urban areas.

Usable Open Space. Open space which is not covered by structures or paved area, except for structures or paved areas used solely for recreational purposes, and which occupies an area at least thirty (30) feet in width and ten (10) feet in length.

Wall, Fire. A masonry wall, eight (8) inches or more in width, which is contiguous from foundation to or through the roof and is without openings other than fire proof doors or as defined by the building code adopted by the City of McGregor.

Yard. A required open space on a lot between a lot line and a building which is unoccupied and unobstructed from grade to the sky, except as permitted by this ordinance.

Yard, Depth or Width. The shortest horizontal distance from a lot line to the main building.

Yard, Front. The area from one side lot line to the other side lot line and between the main building and the street on which the lot fronts. On corner lots the front yard shall abut the shortest street dimension of the lot but may abut either street if the lot is square or almost square with dimensions in a ratio from 3:2 to 3:3.

Yard, Rear. The area from one side lot line to the other side lot line and from the main building to the rear lot line located on the opposite end of a lot from the front yard.

Yard, Side. The area from the front yard line to the rear yard line and from the main building to a side lot line.

Zoning Administrator. The official designated by this ordinance.

(Ord. No. 07-11, § 2, 12-10-2007; Ord. No. 07-10, § 2, 5-10-2010; Ord. No. 0-3-13, § 2, 5-13-2013; Ord. No. 0-4-13, § 2, 5-13-2013; Ord. No. O-3-13, § 2, 5-13-2013; Ord. No. O-4-13, § 2, 5-13-2013; Ord. No. O-8-14, § 3, 7-14-2014; Ord. No. O-3-18, § 1(Exh. A), 3-12-2018)

Accessory Building. A building incidental to and customarily associated with a principal use or building on the same premises.

Apartment House. Any building or any portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied as three (3) or more apartments which is occupied as the house or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities.

Automobile Wrecking Yard. Premises used for the dismantling, storage, trading, or buying and selling of disabled, dismantled, and/or damaged vehicles or parts thereof. This term shall include the outside storage of motor vehicle parts, even for remanufacturing purposes. As used in this definition, "Damaged Vehicle" means any vehicle which has been involved in a collision which required a re-inspection under state law.

Automotive sales, new. The use of a premises for the display and sale of new automobiles, light trucks, vans, trailers or recreational vehicles where no less than 60% of the premise is used for such purposes and no more than 40 percent is of the premises is used for the sale of used cars, light trucks, vans, trailers, or recreational vehicles. Automotive sales do not include storage for a period of greater than sixty (60) days within a six-month period of a vehicle that is wrecked, dismantled, partially dismantled, discarded, or inoperable.

Automotive sales, used. The use of a premises for the display and sale of used automobiles light trucks, vans, trailers, or recreational vehicles and including any vehicle preparation or repair work conducted as an accessory use. A used automobile, a used motor vehicle, a pre-owned vehicle, or a secondhand car, is a vehicle that has previously had one or more retail owners.

Bed and Breakfast. A home-related business which accommodates fewer guests than a motel and serves only breakfast to its guests, with not more than five (5) rooms available for use where people are served for compensation.

Community Home.

(1)

a community-based residential home operated by:

(A)

the Department of Aging and Disability Services;

(B)

a community center organized under Subchapter A, Chapter 534, Health and Safety Code, that provides services to persons with disabilities;

(C)

an entity subject to the Texas Nonprofit Corporation Law as described by Section 1.008(d), Business Organizations Code; or

(D)

an entity certified by the Department of Aging and Disability Services as a provider under the ICF-IID medical assistance program; or

(2)

an assisted living facility licensed under Chapter 247, Health and Safety Code, provided that the exterior structure retains compatibility with the surrounding residential dwellings.

Day Care Center. A commercial institution or place which provides non-medical care less than twenty-four (24) hours a day for more than six (6) children, elderly persons or persons with physical and/or mental disabilities.

Day Care in the Home. A private residence where care, protection, and supervision are provided on a regular schedule, at least twice a week to no more than six (6) children, including children of the adult provider.

Dwelling or Dwelling Unit. A residential unit other than a mobile home that provides an independent residence for one family, including permanent provisions for sleeping, eating and cooking.

Dwelling Unit, Efficiency. A living unit containing no more than five hundred (500) square feet of floor area and not having a separate bedroom or sleeping area independent of the principal living area.

Dwelling, Single-Family. A building that contains one dwelling unit.

Dwelling, Single-Family Attached. A single-family dwelling located on a zero lot line and adjacent to another single-family dwelling on a zero lot line.

Dwelling, Two Family. A building that contains two (2) dwelling units.

Dwelling, Multi-Family. A building that contains three (3) or more dwelling units.

Dwelling, Townhouse. A dwelling unit having its own ground floor entrance and joined to one or more other dwelling units by party walls extending from the foundation through to the roof.

Home Occupation. A business, profession, occupation or trade conducted for gain entirely within a principal residential structure.

Hotel. A building occupied by twenty (20) or more persons that does not contain living units. An "apartment hotel" is a multiple dwelling under resident supervision that contains an inner lobby through which all tenants must pass to gain access to the apartments.

Industrialized Housing. A residential structure that is:

1)

designed for the occupancy of one or more families;

2)

constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site;

3)

designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.

Industrialized Housing includes the structure's plumbing, heating, air conditioning, and electrical systems.

Industrialized Housing does not include:

1)

a residential structure that exceeds three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof;

2)

housing constructed of sectional or panelized system that does not use a modular component; or

3)

a ready built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.

For purposes of permitted residential uses, industrialized housing shall be permitted and treated as a single-family or duplex dwelling constructed on site, provided that it:

1)

has a value equal to or greater than the median taxable value (value meaning the taxable value of the industrialized housing and the lot after installation of the housing) for each single-family dwelling located within five hundred (500) feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for each county in which the properties are located;

2)

has exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within five hundred (500) feet of the lot on which the industrialized housing is proposed to be located;

3)

complies with all City of McGregor, aesthetic standards, building setbacks, side and rear offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings;

4)

be securely fixed to a permanent foundation; and

5)

bear an approved decal or insignia indicating inspection by the Texas Department of Licensing and Regulation.

Manufactured Home (HUD Code Manufactured Home). A structure that is:

1)

constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development;

2)

built on a permanent chassis;

3)

designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;

4)

transportable in one (1) or more sections;

5)

in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet of more in length, or, when erected on site, at least 320 square feet;

6)

includes the plumbing, heating, air conditioning, and electrical systems of the home; and

7)

has a label, device or insignia issued by the director of the Texas Department of Housing and Community Affairs which is permanently attached to each transportable section of the structure indicating compliance with the standards, rules, and regulations established by the United States Department of Housing and Urban Development.

The term does not include a recreational vehicle as that term is defined by 24 C.F.R. Section 3282.8(g). Any structure with less than the length and/or width specified in this definition, or predating June 15, 1976, generally known as a mobile home, shall not be allowed in a HUD Code Manufactured Home Park or within the corporate limits as provided herein and allowed by law. HUD Code Manufactured Homes may also be referred to as a "HUD Code Home."

In the event that a manufactured home occupies a lot in the City outside of the MH HUD Code Manufactured Housing District, the owner of the manufactured home may replace the manufactured home occupying the lot one (1) time with a newer manufactured home that is at least as large in living area as the replaced manufactured home. A manufactured home that is destroyed as a result of fire or natural disaster may be replaced with a newer manufactured home that is at least as large in living area as the destroyed manufactured home.

Mobile Home. A structure;

1)

Constructed before June 15, 1976;

2)

Built on a permanent chassis;

3)

Designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;

4)

Transportable in one (1) or more sections;

5)

In the traveling mode, is at least eight (8) body feet in width or at least forty (40) body feet in length or, when erected on site, at least 320 square feet; and

6)

Includes the plumbing, heating, air conditioning, and electrical systems of the structure. Mobile Homes are prohibited in any zoning district in the City. A Mobile Home previously legally permitted by and used as a dwelling in the City may continue to be used as such, but may only be replaced one (1) time by a HUD Code Manufactured Home that is at least as large in living space as the Mobile Home.

Manufactured Home Park. Any lot or tract of land upon which two (2) or more manufactured homes are to be occupied for dwelling purposes are located, including any buildings, structures, fixtures, and equipment used in connection with manufactured homes, regardless of whether or not a fee is charged for such accommodation.

Manufactured Home Subdivision. A subdivision designed and intended for residential use where residence is permitted in manufactured homes, each being located on a separate lot. Such subdivision may retain a central management and may be operated as a planned development retaining ownership of streets and common open spaces.

Modular Home. See Industrialized Housing.

Motel. A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which some of the rooms are directly accessible from a public or private right-of-way, from a parking lot or space, or from the exterior of the building.

Museum. An institution devoted to the procurement, care, study, and display of objects of lasting interest of value; also: a place where objects are exhibited.

Office Building. A building designed primarily for or used as the offices of professional, commercial, industrial, religious, public, or semipublic persons.

Registered Family Home. A facility that regularly provides care in the caretaker's own residence for not more than six (6) children under fourteen (14) year of age, excluding the caretaker's children, and that provides care after school hours for not more than six (6) additional elementary school siblings of the other children given care, but the total number of children, including the caretaker's own, does not exceed twelve (12) at any given time.

Sexually Oriented Business. The use of property for an adult arcade, adult bookstore, or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, or nude model studio. In connection with this term, the following words shall be defined as stated below:

• Adult Arcade means any place to which the public is permitted or invited, wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time; and where the depicting or describing of "specified sexual activities" or other "specified anatomical areas."

• Adult Bookstore or Adult video Store means a commercial establishment, which, as a portion of its business, offers for sale or rental, for any form of consideration, any one (1) or more of the following:

(1)

Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes or video reproduction, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas" or

(2)

Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

• Adult Cabaret means a nightclub, bar, restaurant, private club, or similar commercial establishment which regularly features:

(1)

Persons who appear in a state of nudity; or

(2)

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

(3)

Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

• Adult Motel means a hotel, motel, or similar commercial establishment which:

(1)

Offers accommodations to the public for any form of consideration; and

(2)

provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and has a sign visible from the public right-of-way which advertises the availability of this adult-type of photographic reproductions; or

(3)

Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

(4)

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.

• Adult Motion Picture Theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

• Adult Theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas" or by "specified sexual activities."

(1)

Establishment means and includes any of the following:

(a)

The opening or commencement of any sexually oriented business as a new business; or

(b)

The conversion of an existing business, whether or not sexually oriented business, to any sexually oriented business; or

(c)

The addition of any sexually oriented business to any other existing sexually oriented business; or

(d)

The relocation of any sexually oriented business.

• Nude Model Studio means any place where a person, who appears in a state of nudity or displays "specified anatomical areas," is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

(1)

Nudity or a State of Nudity means:

(a)

The appearance of a human bare buttock, anus, male genitals, female genitals, or female breasts; or

(b)

A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or female breast.

(2)

Specified Anatomical Areas means human genitals in state of sexual arousal.

(3)

Specified Sexual Activities means and includes any of the following:

(a)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(b)

Sex act, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(c)

Masturbation, actual or simulated; or

(d)

Excretory functions as part of or in connection with any of the activities set forth in (a) through (c) above.

Storage Garage. A building for the storage of motor vehicles not owned or used by the occupants of the main building.

Wholesale Business. A business which sells goods in large quantities to retailers who sell to consumers, rather than the sale of goods directly to consumers.

(Ord. No. 08-12, 4-14-2008; Ord. No. 0-08-10, § 2, 5-10-2010; Ord. No. O-3-18, § 1(Exh. A), 3-12-2018; Ord. No. O-12-20, § 1, 7-13-2020)

The following table presents the zoning district classifications and the permitted uses within those classifications. Uses are listed as being "Permitted", permitted by "Specific Use Permit", and prohibited uses as signified by blank cells. Conditions are provided in Section 2.4, Conditions and Special Regulations for Listed Uses. Any use not expressly authorized and permitted herein is expressly prohibited.

Specific Use Permits must meet requirements of Sections 7.6, 7.7 and 7.8 of this Ordinance.

(Ord. No. O-3-18, § 1(Exh. A), 3-12-2018; Ord. No. O-12-20, § 2, 7-13-2020; Ord. No. O-08-2023, § 4, 6-12-2023; Ord. No. O-14-2023, § 1, 8-14-2023)

The following describe conditions and special regulations for uses listed in the Permitted Use Table. Additional requirements may be added, to these listed herein, by the Planning and Zoning Commission and City Council as deemed necessary to protect the health, safety, and general welfare of the citizens of McGregor. No construction or occupancy shall commence for any permitted use until the conditions herein stated or required by the Planning and Zoning Commission have been met.

1.

A site plan, in accordance with Section 7.6, will be required with all uses located in Section 2.3

2.

Gasoline, or other hydrocarbon fuel, service station pump islands may not be located nearer than eighteen feet (18') to the property line adjacent to a public street. An unenclosed canopy for a gasoline filling station may extend beyond the front building line but shall never be closer than ten feet (10') to the property line.

3.

May not be located within 300 feet of any property zoned for a residential use or any property which is occupied by a church, public school, day care or nursing home. The measurement of distance shall be measured as a radius from the edge of the property line.

4.

All outdoor lighting, including parking lot lighting, shall be directed away from any property zoned or developed for residential uses.

5.

Any proposed stable or barn must be set back 150 feet from the property line. Only animals permitted within the corporate limits by the City Code will be permitted on site.

6.

Pens, outdoor kennels, or animal runs must be located 150 feet from any residentially zoned or used property.

7.

A copy of the State Certification of licensing or registration as described in Section 42.052 of Chapter 42 - Texas Human Resources Code must be provided to the City.

8.

Shall not be used for the storage of wrecked vehicles, or the dismantling of vehicles or the storage of vehicle parts.

9.

All vehicles being stored for repair shall be screened from all public rights-of-way.

10.

All equipment shall be stored and displayed on a hard impervious surface.

11.

Any business which uses the operation of motor vehicles on site, such as go cart tracks, shall not be located within 500 feet from any residentially zoned or used property.

12.

Bed and Breakfast, hosted, are subject to the following conditions:

a.

Additional parking of one space per guest bedroom will be required. Parking must be screened from view of adjacent residentially zoned property.

13.

Businesses must obtain all city, state and federal licenses and permits before the Specific Use Permit becomes Valid. A business that fails to obtain such licenses and permits before beginning operations or operates the business with an expired, voided or revoked license or permit shall have caused the Specific Use Permit to become invalid.

14.

Homeowners located in a residential zoned district can have one (1) used vehicle for sale on the lot upon which they reside as long as the vehicle is operational and is parked on an all-weather surface. The area where vehicle is located shall always remain clean and free from any trash and/or rubbish.

(Ord. No. 07-11, §§ 1, 4, 12-10-2007; Ord. No. O-3-18, § 1(Exh. A), 3-12-2018; Ord. No. O-12-20, § 3, 7-13-2020)