This ordinance applies to all of the incorporated area of the City of McGregor. The use of all land and any buildings located upon land, and the construction, reconstruction, alteration, expansion, or relocation of any building shall conform to all regulations applicable to the zoning district in which the land is located. No land or building shall be used for any purpose other than as permitted in the zoning district in which the land or building is located.

1.

All uses of land or structures now existing or hereafter established or maintained and all enlargements of or additions to uses of land or structures now existing or hereafter established shall be subject to the provisions of this ordinance.

2.

All structures erected hereafter, all alterations or additions made to structures hereafter, and any relocation or reconstruction of a structure occurring hereafter shall be subject to the provisions of this ordinance.

3.

The provisions of this ordinance shall be held to be minimum requirements for the promotion and protection of the public health, safety, morals, and general welfare.

4.

Where the conditions imposed by any provision of this ordinance upon the use of land or structures or upon the bulk of structures are more restrictive or impose higher standards or requirements than comparable conditions imposed by any other provision of this ordinance or by any other law, ordinance, resolution, rule, or regulation, the provision which is more restrictive or imposes higher standards or requirements shall govern.

5.

This ordinance is not intended to abrogate any easement, covenant or other private agreement, provided, that where the provisions of this ordinance are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the provisions of this ordinance shall govern.

6.

No unlawful structure or use which was existing at the time of adoption of this ordinance shall become or be made lawful solely by reason of the adoption of this ordinance; and any such unlawful structure or use shell remain unlawful to the extent and in the manner which it is in conflict with the provisions of this ordinance. No offense committed and no liability, penalty, or forfeiture, either civil or criminal, incurred prior to the adoption of this ordinance shall be discharged. Forfeitures may be instituted and causes presently pending may proceed within all respects as if the prior ordinance had not been repealed.

1.

The use of land and structures shall be limited to:

a.

Uses permitted in the zoning district within which the land or structure is located.

b.

Special uses allowed in the zoning district within which the land or structure is located, subject to the provisions of Section 7.8 of this ordinance.

c.

Uses lawfully established and existing on the date of this ordinance which are nonconforming under the provisions of Section 4.9 of this ordinance.

2.

No application for a building permit or other permit or license, or for a certificate of occupancy, shall be approved and no permit or license shall be issued by any city department which would authorize the use or change in use of any land or structure contrary to the provisions of this ordinance: or the erection, moving, alteration, enlargement, or occupancy of any structure designed or intended to be used for a purpose or in a manner contrary to the provisions of this ordinance, except that:

a.

Where the construction of a building or structure has begun prior to the effective date of this ordinance and is being diligently brought to completion, said building or structure may be completed in compliance with plans approved under the prior ordinance, and said building or structure may be completed in accordance with those plans and shall not be considered as violating this ordinance.

b.

Where a building permit for a building or structure has been issued in accordance with the law prior to the effective date of this ordinance, and said building or structure is started within six (6) months after said permit was issued and diligently prosecuted to completion in accordance with approved plans on the basis of which the building permit was issued, said building or structure may upon completion be occupied and used, as provided in those plans, and shall not be considered as violating this ordinance.

(Ord. No. O-3-18, § 1(Exh. A), 3-12-2018)

1.

All uses established and all structures erected hereafter shall be located on a lot which conforms to the minimum lot area and width required for the zoning district in which the use or structure is located. However, where a tract of land has been partitioned or divided into a separate tract either through recorded deeds or recorded subdivision prior to the effective date of this ordinance and such tract does not conform to the minimum lot width or area requirements of this ordinance, such tract may be used for any use permitted in the zoning district, provided that all other requirements are met. Such tract may be used separately or in combination with one or more other lots which did not conform to the lot width or area requirements of this ordinance on its effective date.

2.

In a residential district, not more than one principal structure shall be located on a lot. In any zoning district, not more than one single family dwelling may be placed on one lot.

3.

No lot containing a structure or use shall hereafter be divided in order to secure one or more additional lots for establishment of a principal use thereon, unless each lot, including also the lot containing the structure or use resulting from such division, shall have the minimum lot area and lot width required in this ordinance for the district in which the lots are located.

(Ord. No. O-3-18, § 1(Exh. A), 3-12-2018)

The height of any use or structure hereafter erected, established, altered, converted, or relocated shall not exceed the maximum permitted height for the district in which such use or structure is located, except that:

1.

Public buildings, churches, temples, hospitals, institutions, and schools may have a maximum height of seventy (70) feet if all required yards for such buildings are increased by at least one additional foot for each two (2) feet by which the building exceeds the maximum height for the district in which it is located.

2.

Chimneys, church steeples, cooling towers, elevator bulkheads, tire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires, wireless towers, electric and telephone lines, and poles, grain elevators, or necessary mechanical appurtenances are exempt from height regulations.

3.

Accessory buildings shall not exceed the maximum permitted height in number of feet for the district in which such building is located.

(Ord. No. O-3-18, § 1(Exh. A), 3-12-2018)

1.

Except as otherwise provided in this section, all uses and structures hereafter erected, established, altered, converted, or relocated shall conform with the yard and open space requirements of the district in which the use or structure is located. Two or more legally recorded lots may be combined into one parcel that will not be required to be replatted into one lot provided such lots are permanently joined by a primary structure or improvements built over the property line(s) in accordance with Chapter 52, Subdivisions of the McGregor Code of Ordinances. Since the two or more legally recorded lots are considered "one parcel" in the situation where the same are permanently joined by a primary structure built over the property lines of such lots, then the side yard setback lines of such parcel shall only apply to the external property lines of the parcel. In single family-zoned residential areas, there can only be one main or principal structure on the parcel. In Multi-family, Commercial and Industrial districts, there can be more than one principal structure and the setback requirements in Sec. 7.6, 5. j. shall apply.

2.

Yards and other open spaces as required by this ordinance shall be located on the same lot or parcel as the principal structure or use.

3.

No required yards or open space for any use or structure shall be used to satisfy yard or open space requirements for any other structure or use.

4.

No yards allocated to a structure or use shall be subsequently reduced or further reduced below the yard requirements of this ordinance, except a yard adjoining a street may be reduced in depth in the event and to the extent the right of way width of such a street adjoining such yard is subsequently increased.

5.

On lots fronting on two (2) nonintersecting streets, a front yard setback must be provided on both streets.

6.

On corner lots in the Residential and Business Districts, there shall be a yard along the side street side of such tract at least fifteen (15) feet, except that, in the case of a lot of record which is less than seventy-five (75) feet in width, only twenty (20) percent of the width of the lot need be provided for such side yard; and further provided that in any district where the rear yard of a corner lot abuts the side yard of an adjacent lot. such corner lot shall provide a side yard along the side street side of such tract which is equal in width to the depth required for the front yard of such adjacent lot (whichever is greater).

7.

Notwithstanding the yard requirements of this section, the buildable width of a corner lot of record in a Residential or Office District shall not be reduced to less than thirty (30) feet for principal structures or twenty-two (22) feet for accessory structures.

8.

Where more than one principal building is located on a lot, the required yards shall be maintained around the group of principal buildings.

9.

Where, on the effective date of this ordinance, forty (40) percent or more of a block frontage was occupied by two (2) or more buildings, then the required yard is established in the following manner:

a.

Where the building farthest from the street provides a front yard not more than ten (10) feet deeper than the building closest to the street, then the required front yard for the frontage is and remains an average of then existing front yards.

b.

Where this (a) is not the case and the lot is within one hundred (100) feet of a building on each side, then the required front yard is a line drawn from the closest front corners of these two (2) adjacent buildings.

c.

Where neither (a) or (b) is the case and the lot is within one hundred (100) feet of an existing building on one side only, then the required front yard is the same as the front yard of the existing building.

10.

Where a lot is used for a permitted use without a structure, the required yards shall be provided and maintained as if the use were conducted within a structure.

11.

The following improvements are permitted in any required yard except in locations where they would cause a traffic hazard by obstructing traffic visibility:

a.

Awnings and canopies attached to a principal building and projecting not more than three (3) feet from the side of the building, and located at least eight (8) feet above adjoining walkways and driveways.

b.

Flagpoles, fountains, sculptures, plant boxes, and other similar ornamental objects.

c.

Air conditioning window units, but not projecting more than eighteen (18) inches.

d.

Architectural entrance structures on a lot not less than one acre in area or at entrance roadways into subdivisions or planned developments containing fifty (50) or more lots.

e.

Bay windows, projecting not more than three (3) feet, but not within five (5) feet of a side lot line.

f.

Chimneys, attached, projecting not more than twenty-four (24) inches from the principal structure.

g.

Eaves or gutters projecting eighteen (18) inches or less.

h.

Trees, shrubs, and hedges.

i.

Flowers and landscaping.

j.

Open entrances, stoops, porches, when not covered, may project not more than ten (10) feet from a principal building, but not more than eighteen (18) inches above grade.

k.

Ornamental light standards.

l.

Signs and nameplates as regulated by Article 6.

m.

Sills, belt courses, cornices, and ornamental features of a principal building, projecting not more than twelve (12) inches.

n.

Steps, four (4) feet or less above grade, which are necessary for access to a permitted building or for access to a lot from a street or public way.

o.

A twenty five foot (25) setback shall be required for open carports from any property line abutting a public street right of way.

12.

Except on corner lots as provided in this ordinance, in any required side or rear yard, the following additional structures are permitted, except in locations where they would cause a traffic hazard by obstructing traffic visibility.

a.

Central air conditioning units, heat pumps, and solar collecting equipment, but not more than four (4) feet from the principal structure, and provided the unit is properly screened.

b.

Balconies, but not projecting more than three and one-half (3-1/2) feet.

c.

Detached garages, provided they are more than five (5) feet from a principal building but not closer than five (5) feet to the rear or side lot lines; and if entered from an alley, not closer than ten (10) feet from the alley line.

d.

Carports, provided they are not closer than five (5) feet to a side or rear lot line, or ten (10) feet to any building on an adjacent lot; but if entered from an alley, carports may not be closer than ten (10) feet from the alley line.

e.

Open off street parking spaces and loading spaces.

f.

Arbors, trellises, and playground equipment.

g.

Sheds and storage buildings for garden equipment and household items accessory to a principal building and structures customarily incidental to the pursuit of agriculture, provided they are more than five (5) feet from a principal structure but not closer than five (5) feet to any lot line.

h.

Reserved.

i.

Satellite dishes.

j.

Stairs.

13.

Off street parking spaces, open to the sky, are permitted in required yards, except in locations where they would cause a traffic hazard by obstructing traffic visibility.

14.

Fences.

a.

Inside yards of corner lots fences may be erected in the required 15 foot front yard on lots where the rear yard line of the lot abuts the rear yard line of another lot. For this section only lots separated by an alley are considered to be abutting lots.

b.

Fences nonconforming due to their location may be repaired or replaced with similar fencing material if a building permit has been issued for the work within 30 days of the removal of the fence or part thereof.

c.

No fence or part thereof may be erected, replaced, or maintained that violates an Ordinance of the City of McGregor, Texas regulating health, safety or sanitation.

15.

Side street side yard accessory storage structures allowed:

1.

The storage structure must be accessory to the main use.

a.

Only one structure in the side street set back area allowed.

b.

The structure must not require a building permit.

2.

The side set back area must be fenced or be permitted to be fenced by this ordinance.

3.

The structure must be at least 5 feet to the rear of any part or projection of the main structure.

4.

The structure must be set back from the rear property line.

a.

10 feet from an adjoining property line.

b.

5 feet from an alley.

5.

The structure and any projections must be set back at least 10 feet from the impervious surface or drive lane of the adjacent street.

(Ord. No. 04-04, 10-11-2004; Ord. No. 08-12, 4-14-2008; Ord. No. O-3-18, § 1(Exh. A), 3-12-2018; Ord. No. O-13-20, § 1, 7-13-2020)

1.

Accessory structures and uses permitted in the various districts shall:

a.

Be incidental to the principal use and shall not be established on any lot prior to the establishment of the principal use.

b.

Not be erected or maintained in required yards, courts or other open areas except those that are herein permitted as obstructions in yards.

c.

Not cover more than thirty (30) percent of the area of the rear yard.

d.

Not be used for dwelling, business, or commercial purposes.

2.

Temporary buildings for construction purposes may be erected and maintained for a period not to exceed the time of such construction but must be removed within thirty (30) days after construction ends.

3.

Except through plan review, as required by this ordinance, fences as accessory uses shall not exceed 6 feet in height where located on any part of a lot zoned residential or business use, of 8 feet in height on any part of a lot zoned commercial or industrial use and all fences shall comply with sight obstruction regulations.

Home Occupations are permitted by SPECIFIC USE PERMIT in residential districts, provided that:

1.

The occupation shall be conducted wholly within the principal structure.

2.

No person who is not a member of the family residing on the premises shall be employed.

3.

No alteration of any kind shall be made to principal building which changes its residential character as a dwelling unit.

4.

Outdoor storage is allowed in 1 accessory structure no larger than 8' wide by 12' long.

5.

No signs shall be permitted on the premises except a nameplate two square foot in area.

6.

There shall be no commodity sold or services rendered that require delivery or shipment of merchandise, goods or equipment by other than passenger motor vehicles, step up van or similar sized trucks.

7.

There shall be no perceptible noise, odor, smoke, electrical interference or vibrations emanating from the property in which the home occupation functions.

8.

The home occupation shall be conducted in such a manner that it does not create parking or traffic congestion for the abutting of adjoining neighbors or for the immediate neighborhood.

(Ord. No. O-9-14, § 2, 5-19-2014; Ord. No. O-3-18, § 1(Exh. A), 3-12-2018)

1.

Garage or occasional sales will be permitted in Residential Districts where primary use of property is residential.

2.

Garage or occasional sales are permitted under the following conditions;

a.

Any person desiring to have a garage or occasional sale shall make application to the building inspection department for a permit. Such application shall state the name of the person who is having the sale, the address of such person, email address, the location of the sale, and the dates of the sale. A copy of the permit shall be posted in a conspicuous place during the time and at the place where the sale is being held.

b.

The building inspection department shall charge and collect before issuance of any permit a fee established by resolution of the city council.

c.

The sale of tangible personal property shall be at retail by the property owner who does not hold himself out as engaging, and does not habitually engage in, the business of selling such tangible personal property at retail. Goods must be stored from public view 2 days prior to and 2 days after said sale.

d.

There shall not be more than one sale at the same location during any three (3) month time period.

e.

The tangible personal property shall be sold only on such premises where the owner of the goods owns the property where the goods are located. The owner or tenant of the property must be the legal owner of the tangible property at the time of the sale.

f.

All sales shall be confined to the garage or patio of the premises or area immediately adjacent to main structure.

g.

No merchandise acquired solely for the purpose of resale shall be sold.

h.

The duration of any sale shall not exceed three (3) consecutive calendar days.

i.

Sales by churches, charities, and fraternal organizations for the purposes of raising funds may be held on their property and on property other than that owned by the organization and tangible personal property donated by member or others may be sold.

(Ord. No. O-3-18, § 1(Exh. A), 3-12-2018)

1.

Nonconforming uses.

a.

Nonconforming uses are those lawful uses of premises which, on the effective date of this ordinance or any governing amendment thereto, are not classified as permitted uses or uses allowed by special permit under the regulations of the zoning district in which they are located.

b.

Nonconforming uses may be continued or may be changed to a conforming use. However, if a nonconforming use is changed to a conforming use, it cannot be changed back to the original nonconforming use. Additionally, a nonconforming use may be changed to another nonconforming use upon approval of the zoning Board of Adjustment and in accordance with the procedures set out in this ordinance.

c.

If a nonconforming use is stopped for six (6) months or more, then it must conform to the use regulations.

d.

A nonconforming use may not be enlarged, extended, reconstructed, or structurally altered, except that:

(1)

A nonconforming use damaged or destroyed to an extent of less than sixty (60) percent of its appraised value (per McLennan County Appraisal District) by a fire, explosion, act of God, or the public enemy may be reconstructed but not enlarged or extended.

(2)

Nonconforming residential uses located in a non-residential zoning district may be continued, reconstructed or enlarged subject to the other regulations of the district in which it is located. However, if a nonconforming residential use is stopped for six (6) months same as or more, it shall not be used except in conformance with the regulations of the district in which it is located.

(3)

A nonconforming use may be enlarged, extended, or reconstructed in accordance with an order to the Board of Adjustment as provided in this ordinance.

e.

Passage of this ordinance in no way legalizes any illegal uses existing at the time of its adoption.

f.

A certificate of occupancy shall be required for all legal uses which become nonconforming as of the effective date of this ordinance, other than residential uses as provided for in this ordinance.

2.

Nonconforming Structures. Buildings or structures which are nonconforming as to the height or yard regulations of this ordinance shall not be added to, reconstructed, or enlarged in any manner unless such additions, reconstruction, or enlargements thereto are required by law or conform to all of the regulations of the district in which it is located, and shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the regulations of the district in which it is located.

3.

Residential, Business, or Industrial lots. Residential, business, or industrial lots platted before the effective date of this ordinance shall not be considered nonconforming if smaller in width or area than prescribed herein.

4.

Parking regulations. If a building or structure in use at the time this ordinance is passed does not conform to the parking regulations of this ordinance, such may continue without complying with the terms of this ordinance; however, if the use changes, then before the new use may begin the parking regulations of this ordinance must be complied with. Buildings or structures which are nonconforming as to the parking regulations of this ordinance shall not be added to or enlarged in any manner unless the parking spaces required for such addition under this ordinance is provided.

5.

[Nonconforming open air carports.] Nonconforming open air carports may be rebuilt with new materials to like size and shape and must remain open on all sides.

(Ord. No. 32-10, § 2, 11-8-2010; Ord. No. O-3-18, § 1(Exh. A), 3-12-2018)

1.

Definitions. In regard to Section 4.11, the following definitions shall apply:

a.

"Rocket motor" means a device, whether fueled by liquid or solid propellant, designed or intended to (1) propel a vehicle or projectile into the atmosphere, (2) propel a vehicle or projectile into outer space, (3) return a vehicle or projectile from outer space, or (4) propel a vehicle or projectile while in outer space, with a thrust created by the ejection of fast moving exhaust or chemical reaction from within the device.

b.

"RMTZ Center Point" means that point located at 31° 23' 55.73" north latitude and 97° 27' 44.73" west latitude, being the location of the large tripod rocket motor test stand existing at the time of the adoption of this section.

2.

The City of McGregor's Rocket Motor Testing Zone is that area inside of a one mile radius from the RMTZ Center Point.

3.

No person or entity shall construct, assemble, test, ignite or use a rocket motor unless such construction, assembly, testing, ignition or use is made or conducted within the City of McGregor's Rocket Motor Testing Zone.

4.

No test, ignition or use of a rocket motor within the Rocket Motor Testing Zone shall increase the air pressure at the outer perimeter of the Rocket Motor Testing Zone more than one pound per square inch above normal ambient air pressure.

5.

a.

Except as set forth herein, the sound generated from any test, ignition or use of a rocket motor or group of rocket motors within the Rocket Motor Testing Zone may not exceed 115 dBA at any point within the City of McGregor that is three miles from the RMTZ Center Point.

b.

If the sound created by any test, ignition or use of a rocket motor within the Rocket Motor Testing Zone exceeds 115 dBA at any location within the City of McGregor that is three miles from the RMTZ Center Point, but does not exceed 120 dBA at such location, the testing of rocket motors with a cumulative thrust equal to or exceeding that which generated such sound shall be suspended on the test stand or facility upon which the test, ignition or use creating such excessive noise occurred. The person conducting the test, ignition or use that created such sound may apply for such permission to resume testing on such test stand or facility. To apply for such permission, the person must:

(1)

submit a request for permission to allow resumption of such testing;

(2)

pay the City of McGregor a fee in the amount of $5,000.00;

(3)

provide the City of McGregor a full explanation as to the cause of the violation of the sound restrictions in the lease; and

(4)

provide the City of McGregor a full description of all remedial work that will be done to prevent such violation in the future and an assurance that the work will be completed within 120 days.

After the Applicant complies with the requirements of Section 4.11(5)(b)(1-4), the City of McGregor will permit the resumption of testing on such test stand or facility.

c.

If the sound created by any test, ignition or use of a rocket motor within the Rocket Motor Testing Zone exceeds 120 dBA at any location within the City of McGregor that is three miles from the RMTZ Center Point, but does not exceed 125 dBA at such location, the testing of rocket motors with a cumulative thrust equal to or exceeding that which generated such sound shall be suspended on the test stand or facility upon which the test, ignition or use creating such noise occurred. The person conducting the test ignition or use that created such excessive noise may apply for permission to resume testing on such test stand or facility. To apply for such permission, the person must:

(1)

submit a request for permission to allow resumption of such testing;

(2)

pay the City of McGregor a fee in the amount of $7,500.00;

(3)

provide the City of McGregor a full explanation as to the cause of the violation of the sound restrictions in the lease; and

(4)

provide the City of McGregor a full description of all remedial work that will be done to prevent such violation in the future.

In this event, permission to resume testing will not be issued until the remedial work necessary to assure compliance with this Ordinance has been completed and the City has conducted an inspection to determine whether such remedial work will be sufficient to assure compliance with the noise restrictions in this Ordinance. Upon completion of the remedial work necessary to assure compliance, the person seeking the permission ("Applicant") will notify the City of McGregor. Within seven (7) business days of receiving such notification, the City of McGregor will conduct an inspection and take whatever other action it deems necessary to determine whether the remedial work performed by the Applicant will be sufficient to assure compliance with the noise restrictions of this Ordinance. After the Applicant has complied with the requirements of 4.11(5)(c)(1-4) and upon completion of the inspection by the City of McGregor to determine whether the remedial work conducted by the Applicant is sufficient to assure compliance with the noise restrictions of the Ordinance, the City Council of the City of McGregor will consider Applicant's application for permission to resume testing under this subsection. If the Council determines that the Applicant has complied with all provisions of 4.11(5)(c)(1-4) and that the remedial action taken by the Applicant is sufficient to assure compliance with noise restrictions of this Ordinance, the City Council shall grant permission to resume testing on the test stand or facility upon which the testing or use that created such excessive noise occurred. In the event the Council determines that the Applicant has not fully complied with the requirements of 4.11(5)(c)(1-4) or that the remedial work conducted by the Applicant is not sufficient to assure compliance with the noise restrictions of this Ordinance, the Council will deny the request to authorize the resumption of testing on such test stand or facility. The Applicant shall be entitled to resubmit its application for permission once the requirements of 4.11(5)(c)(1-4) have been met and remedial work has been conducted which it believes is sufficient to assure compliance with the noise restrictions of this Ordinance.

d.

Subject to the provisions of Section 5(e), in the event the noise generated from any test, ignition or use of a rocket motor within the Rocket Motor Testing Zone exceeds 125 dBA within the City of McGregor that is three miles in any direction from the RMTZ Center Point, the testing of rocket motors with a cumulative thrust equal to or exceeding that which generated the sound above 125 dBA shall be prohibited on the test stand or facility upon which the test creating such excessive noise occurred. In this event, the person generating such noise from a test, ignition or use of a rocket motor within the Rocket Motor Testing Zone may request permission from the City Council of the City of McGregor for reinstatement of authority to test rocket motors with a cumulative thrust equal to or exceeding that which generated the noise above 125 dBA on the test stand or facility upon which the test creating such sound occurred. In order to obtain such authority, the Applicant must provide the following to the City of McGregor:

(1)

submit a request for permission to allow resumption of such testing;

(2)

pay the City of McGregor a fee in the amount of $50,000.00;

(3)

provide the City Council with a full explanation as to the cause of the sound violation and a description of all remedial work that has been done to prevent such violation in the future.

The McGregor City Council shall consider Applicant's application for reinstatement after the requirements of 4.11(5)(d)(1—3) have been met and the remedial work has been performed. If the City Council determines that any of the requirements of 4.11(5)(d)(1—3) have not been met or if the Council determines that the remedial work performed by the Applicant is insufficient to assure compliance with the noise restrictions of this Ordinance, reinstatement shall be denied. Applicant may resubmit an application for reinstatement in the event of a denial. If any such application is approved, the City Council may, in its sole discretion, set conditions and restrictions on the use of any such test stand.

e.

For the rocket motor test stand located at approximately one hundred yards west of the RMTZ Center Point (said test stand being commonly referred to as the Falcon Heavy Test Stand), the first two engine tests ("Acceptance Tests") shall not be subject to the City of McGregor's power of testing suspension or prohibition under Sections 5(c) and 5(d) above. Each Acceptance Test will remain subject to the fee payment and explanatory briefing requirements of Sections 5(c) and 5(d). Each Acceptance Test will have a duration of fifteen seconds or less and will be shut down by the person conducting such test within three seconds of a sound measurement exceeding 125 dBA at a distance of three miles in any direction from the RMTZ Center Point. In the event that the first Acceptance Test generates a sound reading in excess of 125 dBA at a distance of three miles in any direction from the Rocket Motor Testing Zone, the second Acceptance Test may not occur for a period of seven days thereafter unless otherwise authorized by the City. The person conducting the Acceptance Tests must notify the City of McGregor in advance of the Acceptance Test in accordance with the notification requirements of this Ordinance.

6.

Within the Rocket Motor Testing Zone, no person may test, ignite or use a rocket motor or group of rocket motors with a cumulative thrust of more than 7,500,000 pounds.

7.

Except as authorized herein, no person may test, ignite or use a rocket motor or group of rocket motors between the hours of 10:00 p.m. and 7:00 a.m. All testing, ignition or use of a rocket motor or group of rocket motors with a cumulative thrust of 1,500,000 pounds or greater shall be conducted during daylight hours between sunrise and sunset. No person may test, ignite or use a rocket motor or group of rocket motors with a cumulative thrust of 1,500,000 pounds or greater after sunset but before sunrise of the following day. An authorized person may obtain a permit to test, ignite or use a rocket motor or group of rocket motors with a cumulative thrust of less than 1,500,000 pounds between the hours of 10:00 p.m. and 12:00 a.m. ("Late Night Test"). For the first Late Night Test of any calendar year, such person may obtain a permit for the amount of $10,000.00. For the second Late Night Test of any calendar year, such person may obtain the permit for $15,000.00. For the third Late Night Test of any calendar year and for each Late Night Test thereafter during such calendar year, said person may obtain a permit for a fee of $25,000.00 for each such test. In the event it is impractical to obtain a permit before any such Late Night Test, such person may obtain said permit after paying the fee set forth above within five (5) days after such Late Night Test. In such case, the permit shall be retroactive back to the date of the most recent Late Night Test.

8.

To be authorized to construct, assemble, test, ignite or use a rocket motor or motors in the Rocket Motor Testing Zone, a person or entity must obtain a permit. To obtain a permit, the person or entity must provide proof to the City of McGregor that such person or entity has combined single limit commercial general liability insurance coverage covering bodily injury and property damage in the amount of at least $20,000,000 through a commercial general liability policy or combination of policies. Such person or entity must also provide pollution liability coverage in the amount of at least $10,000,000 through a single policy or combination of policies. The City of McGregor must be named additional insured under both the permitee's combined single limit commercial general liability policy and pollution liability policy. The combined single limit commercial general liability coverage must cover and protect against property damage claims arising from or related to the construction, assembly, testing, ignition, or use of rocket motors. Further, to obtain a permit, the applicant must provide the City with the name, address, email address, phone number and contact person for the entity that will be constructing, assembling, testing, igniting or using rocket motors within the Rocket Motor Testing Zone. Such permit must be renewed every five years. Each year, the permitee must provide proof of insurance coverage as required herein. The City will charge a fee (as set out in the City's fee schedule) for issuing and renewing a permit under this Section.

It shall be unlawful for any person to construct, assemble, test, ignite or use a rocket motor or motors within the Rocket Motor Testing Zone without the permit required by Section 4.11 (8).

9.

Any person testing, igniting or using a rocket motor or rocket motors with a cumulative thrust of 750,000 or greater, must monitor and record the decibel level of any such test, ignition or use at a point three miles from the RMTZ Center Point and must provide a copy of such sound monitoring information for each such test to the City of McGregor within fifteen (15) business days after the test is conducted.

10.

Any person testing, igniting or using a rocket motor with a cumulative thrust of 750,000 pounds or greater must give the City at least forty-eight (48) hours advanced notice of any such planned test, ignition or use. Such notice may be given to the City Manager in writing, by fax or electronic mail.

11.

a.

In regard to ground vibration created by any test, ignition or use of a rocket motor or group of rocket motors within the Rocket Motor Testing Zone, for any given frequency in hertz ("Hz") at any point that is one mile from the location of any such test, ignition or use, the peak particle velocity shall not exceed the corresponding threshold limit which is the solid line on Table 4.11-1 ("Vibration Limit"). Table 4.11-1 is hereby adopted as a part of the Code of Ordinances. In the event any test, ignition or use of a rocket motor or rocket motors in the Rocket Motor Testing Zone is determined by the City of McGregor or by measuring devices placed by the person conducting such testing, ignition or use in accordance with this Ordinance to exceed the Vibration Limit, the testing of rocket motors with a cumulative thrust equal to or exceeding that which generated such vibration exceeding the Vibration Limit shall be prohibited on the test stand or facility upon which the test creating such vibration occurred. The person who conducted the test, ignition or use which exceeded the Vibration Limit may make an application to the City for permission to resume such testing, the Applicant must present to the City of McGregor the reasons for the creation of such vibration and assurances satisfactory to the City of McGregor that the types of testing's and the operation that created the vibration exceeding the Vibration Limit at a distance of one mile from the test site will not be repeated. Upon review, the McGregor City Council may authorize the resumption of testing or may require further information or work from the applicant before such authority is granted.

b.

Any person testing, igniting or using a rocket motor or group of rocket motors in the Rocket Motor Testing Zone shall provide three measuring devices that will measure and record vibration created by testing or operation of a rocket motor or group of rocket motors with a cumulative thrust of 1,500,000 pounds or above. These measuring devices will be located at points one mile from the location of any such test. Such devices shall be maintained in a good and operable condition by the person conducting such test, ignition or use of rocket motors in the rocket motor testing zone. Such persons shall provide the City of McGregor a copy of all vibration monitoring information for each test in excess of 1,500,000 pounds of cumulative thrust within fifteen (15) days after each such test is conducted. Such person shall retain records of vibration monitoring information for a period of at least four (4) years.

12.

Except as authorized herein, the launching of any vehicle or projectile into the atmosphere or into outer space through the use of any rocket motor, group of rocket motors or similar device from within the City limits of the City of McGregor is hereby prohibited. Within the Rocket Motor Testing Zone, launch testing may only be conducted with written agreement or consent of the City Council of the City of McGregor under conditions required by the City to protect the health, safety, and general welfare of its citizens. In no case may any launch testing of a vehicle or projectile to an altitude over 12,000 feet be conducted from within the Rocket Motor Testing Zone.

(Ord. No. 29-10, §§ 1—-8, 12-13-2010; Ord. No. 02-11, § 1—3, 2-16-2011; Ord. No. O-7-13, §§ 1—10, 7-8-2013; Ord. No. O-6-16, § 1, 5-9-2016; Ord. No. O-3-18, § 1(Exh. A), 3-12-2018)