Mclendon Chisholm City Zoning Code
ARTICLE 6
SUPPLEMENTAL DISTRICT REGULATIONS
§ 6-1 Site plan requirements.
A.
Generally.
Whenever a site plan is required by this ordinance, such site plan must conform to the requirements of this section. Unless otherwise specified in this ordinance, all site plans must be approved by the city council, upon recommendation of the planning and zoning commission. The site plan submitted in support of an application shall satisfy the requirements for site plan submittals as set forth by the city staff. Site plans shall be reviewed by the city staff, and comments shall be returned after the review by the city staff. The submittal date of the site plan shall be the date upon which the site plan is found to be in compliance with the provisions of the site plan application by the city staff.
B.
Required prior to building permit.
When required by this ordinance, a site plan must be approved prior to the issuance of a building permit by the city.
C.
Changes to the site plan.
1.
Changes to the site plan shall be processed in the same manner as the original approved site plan.
2.
Except as otherwise provided in paragraph 3 below, any site plan that is amended shall require approval of the city council, upon recommendation of the planning and zoning commission.
3.
Changes to the site plan which will affect the use of the land may require either an amendment to a planned development or a rezoning of property, whichever applies.
4.
Changes of details within a site plan which do not alter the basic physical relationship of the property to adjacent properties; do not alter the use permitted; and do not increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved site plan, may be authorized by the mayor or his/her designee. An aggrieved party may appeal the decision of the mayor or his/her designee to the board of adjustment in accordance with the provisions of this ordinance.
D.
Council approval.
Council approval of a site plan that accompanies a zoning change request shall become part of the amending ordinance.
E.
Site plan content.
The site plan shall contain the information listed below, and any or all of the required features may be incorporated on a single drawing if the drawing is clear and capable of evaluation by the city council and the staff personnel required to enforce and interpret this ordinance.
1.
The boundary lines and dimensions of the property, existing subdivision lots, available utilities, fire hydrants, easements, roadways, sidewalks, emergency access easements, and public rights-of-way.
2.
Topography of the property proposed for development in contours of not less than two feet, together with any proposed grade elevations, if different from existing elevations.
3.
Floodplains, watercourses, marshes, drainage areas, and other significant environmental features including, but not limited to, rock outcroppings and major tree groupings.
4.
The location and use of all existing and proposed buildings or structures, including all refuse storage areas, and the minimum distance between buildings. Where building complexes are proposed, the location of each building and the minimum distances between buildings, and between buildings and the property line, street line, and/or alley.
5.
Total number, location, and arrangement of off-street parking and loading spaces, where required.
6.
All points of vehicular ingress, egress, and circulation within the property and all special traffic regulation facilities proposed or required to assure the safe function of the circulation plan.
7.
Setbacks, lot coverage, and when relevant, the relationship of the setbacks provided and the height of any existing or proposed building or structure.
8.
The location, size, and arrangement of all outdoor signs, exterior auditory speakers, and lighting.
9.
The type, location, and quantity of all plant material used for landscaping, and the type, location, and height of fences or screening and the plantings around them.
10.
If multiple types of land uses are proposed, a delineation of the specific areas to be devoted to various land uses.
11.
Vicinity map, north point, scale, name of development, name of owner, name of planner, total acreage of project, and street address or common description of the property.
12.
Current land uses and zoning district of the property and current land uses and zoning districts of contiguous properties.
13.
Buildings on the exterior of the site and within 25 feet of all property lines.
14.
The location and size of existing and proposed surface and subsurface drainage facilities, including culverts, drains, and detention ponds, showing size and direction of flow.
15.
The number of square feet of the property after construction which will constitute impervious area or impervious surface and vegetated areas.
16.
Architectural drawings, such as elevations, concept sketches or renderings depicting building types and other significant proposed improvements including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant’s land use and development proposals.
17.
Legal description of the total site area proposed for rezoning, development or specific use permit.
18.
Signature, title and date of the applicant, at the conclusion of the written documents certifying the information presented in the plans, and supporting documents reflect a reasonably accurate portrayal of the general nature and character of the applicant’s proposals.
19.
A development timetable if development is to be in phases.
20.
The percentage of the site that will be covered by building and structures.
(Ordinance 2017-22, ex. 2, adopted 12/19/17)
§ 6-2 Specific use permits.
A.
Purpose.
Certain land uses, because of their nature and location, are not appropriate for categorizing into installations, such as colleges and universities, private schools, institutions, community facilities, zoos, cemeteries, country clubs, show grounds, drive-in theaters and other unusual land uses not specifically provided for in this chapter. To provide for the proper handling and location of such specific uses, provision is made for amending this chapter to grant a permit for a specific use in a specific location. This procedure for approval of a specific use permit includes a public hearing. The amending ordinance may provide for certain restrictions and standards for operation. The indication that it is possible to grant a specific use permit as noted elsewhere in this ordinance does not constitute a grant of privilege for such use, nor is there any obligation to approve a specific use permit unless it is the finding of the planning and zoning commission and city council that such a special use is compatible with adjacent property use and consistent with the character of the neighborhood.
B.
Permit required.
No special use shall be erected, used, altered, occupied nor shall any person convert any land, building or structure to such a use unless a specific use permit has been issued by the city council. The granting of a specific use permit shall be done in accordance with the provisions for amendment of this zoning ordinance.
C.
Application procedure.
An application for a special permit shall be filed with the mayor or his/her designee on a form prepared by the city. The application shall be accompanied by the following:
1.
A completed application form signed by the property owner;
2.
An application fee as established by the city’s latest adopted schedule of fees;
3.
A certificate stating that all city and school taxes have been paid to date;
4.
A property description of the area where the specific use permit is proposed to apply;
5.
A site plan complying with the requirements stated in this section which will become a part of the specific use permit, if approved; and
6.
Any other material and/or information as may be required by the planning and zoning commission, the city council or the their designee to fulfill the purpose of this subsection and to ensure that the application is in compliance with the ordinances of the city.
D.
Site plan information.
A site plan shall contain, at a minimum the following information, as provided in section 6-1, Site plan requirements:
E.
Additional information.
The following additional information may also be required if deemed appropriate by staff, the planning and zoning commission, or city council.
1.
Copies of studies or analyses upon which have been based projections for need or demand for the proposed facility.
2.
Description of the present use, assessed value and actual value of the land affected by the proposed facility.
3.
Description of the proposed use, anticipated assessed value and supporting documentation.
4.
A description of any long-term plans or master plan for the future use or development of the property.
5.
A description of the applicant’s ability to obtain needed easements to serve the proposed use.
6.
A description of any special construction requirements that may be necessary for any construction or development on the subject property.
7.
A traffic impact analysis prepared by a qualified professional in the field of traffic evaluation and forecasting may be required.
F.
Council action.
The city council may grant such a waiver only upon finding that the information submitted is sufficient to determine that the proposed building, use, structure, development or activity will have an insubstantial impact on the surrounding area and that providing the information required by the submittal requirements is unreasonably burdensome on the applicant.
G.
Conditions of permit approval.
A specific use permit shall not be recommended for approval by the planning and zoning commission unless the commission finds that all of the following conditions have been found to exist:
1.
The proposed use complies with all the requirements of the zoning district in which the property is located.
2.
The proposed use as located and configured will contribute to or promote the general welfare and convenience of the city.
3.
The benefits that the city gains from the proposed use outweigh the loss of or damage to any homes, business, natural resources, agricultural lands, historical or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historical features of significance, and outweigh the personal and economic cost of any disruption to the lives, business and property of individuals affected by the proposed use.
4.
Adequate utilities, road access, drainage and other necessary supporting facilities have been or shall be provided.
5.
The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments.
6.
The issuance of the specific use permit does not impede the normal and orderly development and improvement of neighboring vacant property.
7.
The location, nature and height of buildings, structures, walls and fences are not out of scale with the neighborhood.
8.
The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity.
9.
Adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration and visual blight.
10.
Sufficient on-site lighting is provided for adequate safety of patrons, employees and property, and such lighting is adequately shielded or directed so as not to disturb or adversely effect neighboring properties.
11.
There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties.
12.
The proposed operation is consistent with the applicant’s submitted plans, master plans, projections, or, where inconsistencies exist, the benefits to the community outweigh the costs.
13.
The proposed use is in accordance with the City of McLendon-Chisholm Comprehensive Land Use Plan.
H.
Additional conditions.
In authorizing a specific use permit, the planning and zoning commission may recommend, and the city council may impose, additional reasonable conditions necessary to protect the public interest and the welfare of the community.
I.
Time limit.
A specific use permit issued under this division shall become null and void unless construction or use is substantially underway within one year of the granting of the permit, unless an extension of time is approved the city council.
K.
Amendments to specific use permit.
The procedure for amending a specific use permit shall be the same as for a new application, provided the mayor or his/her designee may approve minor variations from the original permit which do not increase density, change traffic patterns, uses or result in an increase in external impacts on adjacent properties or neighborhoods.
L.
Jurisdiction.
The board of adjustment shall not have jurisdiction to hear, review, reverse or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to such specific use permit.
(Ordinance 2017-22, ex. 2, adopted 12/19/17)
§ 6-3 Accessory building regulations.
A. Accessory building. Portable building. Structure.
Accessory structure definitions.
The following definitions shall apply:
Any building customarily incidental to the principal building, including among other things, a garage for parking of vehicles, storage shed, greenhouse, pool cabana or tool storage shed and similar such structures not used for any commercial or dwelling purposes.
Any building, which is constructed to be moved on its structure without lifting and minimal damage to the building and anchored to prevent overturning.
The outside measurement of all roofed area and supporting structural elements of construction for any accessory building. Constructed of conventional commercial kits or conventional wood framed construction meeting the requirements of the city building code as adopted by the City of McLendon-Chisholm.
B.
General regulations.
1.
In a residence or multifamily district, an accessory building is a subordinate building exceeding 120 square feet of floor area, attached to or detached from the main building, without separate bath or kitchen facilities, (unless used as servants quarters) not used for commercial purposes and not rented.
2.
In other districts, an accessory building is a subordinate building, the use of which is incidental to and used only in conjunction with the main building.
3.
No accessory building shall exceed 25 feet in height, nor shall it be greater in height than the main structure.
C.
Area regulations.
Area regulations for accessory buildings in residential and multifamily districts:
1.
Front yard.
Attached front accessory building shall have a front yard not less than the main building or as specified in the particular district. Detached accessory buildings shall be located in the area defined as the rear yard.
2.
Side yard.
There shall be a side yard not less than 25 feet from any side lot line, alley line, or easement line; except that adjacent to a side street, the side yard shall never be less than 100 feet.
3.
Rear yard.
There shall be a rear yard not less than 25 feet from any side lot line, alley line, or easement line. Carports, garages, or other accessory buildings, located within the rear portion of a lot as heretofore described shall not be located closer than 15 feet to the main building not nearer than 25 feet to any side lot line.
4.
Any garage constructed in a residential or multifamily district shall be set back not less than 20 feet from any street or alley line on which it faces.
(Ordinance 2017-22, ex. 2, adopted 12/19/17)
§ 6-4 General height requirements.
A.
B.
Exceptions.
Height regulations do not apply to steeples, domes, cupolas, or other architectural design elements usually required to be placed above the roof level and not intended for human occupancy.
C.
Antennas.
For antenna and tower height regulations see section 6-11, Wireless communications facilities.
D.
General yard requirements.
The following general requirements provide additional criteria which apply to yard requirements in all zoning districts.
E.
Projections of structural features.
1.
Ordinary sills, belt courses, cornices, chimneys, bay windows, buttresses and ornamental features may project not more than 12 inches into a required yard.
2.
Eaves may project not more than 36 inches into a required yard.
3.
Open or lattice enclosed fire escapes may project into a required yard not to exceed five feet.
F.
Porte-cochere.
A porte-cochere may project into a required side yard, provided every part of such porte-cochere is unenclosed except for necessary structural supports.
G.
Double frontage lots.
Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets unless otherwise established by plat or by ordinance, in which case only one required front yard need be provided.
I.
Public, quasi-public buildings.
Churches, schools and other public and quasi-public buildings may be erected to a height not to exceed 60 feet or five stories provided the required front, side and rear yards are each increased at least one foot for each foot of additional height above the height required by this ordinance.
(Ordinance 2017-22, ex. 2, adopted 12/19/17)
§ 6-5 Temporary uses and special events.
A.
Generally.
Certain temporary uses of land are essential to the full development and utilization of the land and are deemed to promote the health, safety, and general welfare of the city. The temporary uses and special events hereinafter enumerated shall not be deemed violations of this ordinance when conducted under the conditions herein provided.
B.
Permitted temporary uses.
The permitted temporary uses, the conditions of use, the zoning districts wherein the same shall be permitted, and approvals required are as follows:
1.
Construction office.
Temporary field or construction offices and temporary building material storage areas to be used solely for on-premises construction purposes in connection with the property on which they are erected, or within the same platted subdivision may be permitted in all zoning districts when approved by the mayor or his/her designee. The application for a temporary use permit shall include a scale drawing showing the location and size of the building(s), all outside storage areas, and proposed construction fencing. Such permit shall be issued for temporary buildings on construction sites for a period of six months, with a renewal clause for a similar period. Such buildings must be removed within 30 days after substantial completion or abandonment of such new construction to which they are accessory or upon the request of the administrative official or his/her designee.
2.
Temporary outdoor sales on properties zoned as non-residential, all non-residentially used property located in residentially used districts may be permitted by the city enforcement officer for a period not to exceed 30 days upon the application and granting of a temporary use permit.
3.
In no event shall such temporary uses be allowed for more than 30 consecutive days or more than once per year. All sales shall meet the special conditions, if any, imposed by the city enforcement officer and/or fire marshal for the protection of public interest and the welfare of the community.
4.
No tent or similar structure shall be erected in any required setback or designated easement. Tents shall conform to the Uniform Fire Code and no tent shall be erected without first obtaining a permit. No outside use of property for sales will be allowed except by the existing occupants of the property. This includes parking of vehicles for a purpose other than conducting business on the premises.
5.
The temporary outdoor sale of Christmas trees may be permitted, on those properties zoned as non-residential, all non-residentially used property located in residentially used districts, for a period of 40 days prior to Christmas Day. The mayor or his/her designee shall issue a permit, with a refundable clean-up deposit of $500.00, for such sale when it is found that there is available adequate off-street parking area, either improved or unimproved, as determined by the building official; and that location and layout of drives, parking areas, lighting, and sale signs will not constitute a hazard to public travel on the abutting public streets. Trees, stands, equipment, trash, signs, lighting and shelters shall be removed by the permit holder no later than January 4 following the Christmas holiday.
6.
Carnivals and circuses may be allowed as a temporary use for a period not exceeding 14 consecutive days. Such events shall be on a site in districts zoned as non-residential, all non-residentially used property located in residentially used districts, and in non-residential planned developments. Adequate parking and sanitary facilities shall be made available to the satisfaction of the building official. No carnival or circus shall begin operation before 8:00 a.m. and operation shall cease before midnight on all nights except on Saturday when the event shall cease operation at midnight. The mayor or his/her designee shall establish the terms and conditions for the temporary use at the time of approval. In the event that a sponsor is dissatisfied with the mayor or his/her designee’s decision, the sponsor may appeal the requested use to the city council.
7.
Refreshment stands (temporary and seasonal). Refreshment stands shall be exempt from the area and masonry requirements of the underlying zoning district; however, they are subject to setback and masonry requirements as may be required by the building and inspection official.
C.
Permitted special events.
For the purpose of this section, “special events” are defined as any activity or event meeting the following criteria:
1.
The event of activity is carried on for a period of time not exceeding three consecutive days;
2.
No retail sales are conducted except those incidental to the primary activity such as refreshment and souvenir sales. Charitable and nonprofit organizations may conduct retail sales for fund-raising purposes in any zoning district;
3.
Public assemblies carried on out-of-doors or in temporary shelters or tents.
D.
Contents of application.
An application for approval of a temporary use or special event shall include the following information:
1.
Detailed description of the event;
2.
Exact location;
3.
Expected attendance;
4.
Anticipated number of automobiles and proposed methods of providing parking for the same;
5.
Location and construction of any temporary signs to be used in connection with the event;
6.
Exact dates of commencement and termination of the event;
7.
Signed certification by the responsible party and the record owner of the land that all information provided is true and correct and that all schedules will be strictly adhered to; and
8.
A fee in accordance with the City of McLendon-Chisholm Fee Schedule.
E.
Approval by the city council.
Approval of a permit for temporary use or a special event must be approved by the mayor or his/her designee. The mayor or designee may elect, at his/her discretion, to forward any request to the city council.
(Ordinance 2017-22, ex. 2, adopted 12/19/17)
§ 6-6 Home occupations.
The purpose of the home occupation provisions is to permit the conduct of home occupations, which are compatible with the neighborhoods in which they are located.
A.
Regulations.
Home occupations are a permitted accessory use in all residential districts and are subject to the requirements of the district in which the use is located, in addition to the following:
1.
Only the members of the immediate family occupying the dwelling shall be engaged in the home occupations.
2.
The home occupation shall be conducted only within the enclosed area of the dwelling unit or the garage.
3.
There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation.
4.
No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.
5.
No use shall create smoke, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.
6.
The home occupation shall not create any greater vehicular traffic than normal for the district.
7.
No signs of any kind shall be allowed on premises advertising a home occupation or service.
(Ordinance 2017-22, ex. 2, adopted 12/19/17)
§ 6-7 Off-street parking and loading requirements.
Whenever any ordinance, regulation, or plan, enacted or adopted by the city council is for the purpose of providing off-street automobile parking spaces or of establishing requirements that such spaces be provided within any section or sections of the city, then such plan or requirements shall govern within such sections. Otherwise off-street automobile parking spaces shall be provided as follows, applicable to buildings hereafter erected and uses hereafter established, to such nonconforming uses as may be required to conform to the regulations hereof, and to extensions and enlargements of buildings and uses.
A.
Parking table.
Except as otherwise provided in this section, off-street parking spaces shall be provided as follows:
Schedule of Parking Requirements | ||
|---|---|---|
Land Use | Requirements | Additional Requirements |
Residential | ||
Single-Family Detached Units | 2/unit | Must be located in an enclosed garage |
Single-Family Attached Units | 2/unit | |
Duplex | 2/unit | None |
Townhouse, Condominium, Triplex, Quadruplex or Row | 2 1/2/ unit | None |
Multi-Family | 1.5/1 bed unit 2/2 bed unit 2.5/3 bed unit | None |
HUD Code Manufactured Home | 2/unit | None |
Boarding or Rooming House, Hotel or Motel / Residence Motel or Inn | 1 / residential unit | 1 additional space for 200 sq. ft. of Exhibit or Ballroom space, plus 1 space per 100 sq. ft. of Meeting Rooms, plus 1 space per 2.5 seats in Restaurant and Lounge |
Retirement Housing: Ambulatory Independent Residents | 1.5/unit | None |
Retirement Housing: Nursing Home Facilities | 1/2 beds | None |
Dormitory | 1.5/2 occupants | None |
Fraternity, Sorority, or Lodge | 1/125 sq. ft. | none |
Civic | ||
Religious Institution | 1/4 seats in the sanctuary or auditorium | None |
Community Center | 1/4 persons | None |
Library | 1/300 sq. ft. | |
Museum | 1/300 sq. ft. | |
Public Assembly Hall/Auditorium | 1/3 seats | None |
Education | ||
College or University | 1/3 day students | None |
Schools | ||
Elementary | 1/25 students | |
Junior High | 1/18 students | |
Senior High | 1/5 students | |
Trade | 1/4 students | |
Amusement | ||
Ballpark or Stadium | 1/4 seats | None |
Bowling Alley | 6/ lane | None |
Dance Hall, Exhibition Hall w/out fixed seats | 1/100 sq. ft. of floor area | None |
Outdoor Commercial Amusement | 1/500 sq. ft. of site area exclusive of building | None |
Pool Hall, Arcade, Other Indoor Commercial Amusement | 1/100 sq. ft. of floor area | None |
Theater, auditorium | 1/4 seats | None |
Automotive | ||
Auto Parts Accessory Sales | 1/300 sq. ft. of floor area | None |
Auto Parts Repair Garage or Shop | 1/350 sq. ft. of floor area | None |
Auto Sales | 1/300 sq. ft. sales floor or 1/1000 sq. ft. lot area | |
Carwash (full-serve) | 3 stacking spaces | |
Carwash (self-serve or automatic) | 3 stacking spaces/ wash bay | None |
Service Station | Minimum of 6 + 2/employee | None |
Vehicle or Machinery Sales (indoors) | 1/500 sq. ft. of floor area | None |
Wash Bay | None | |
Commercial, Retail, Service | ||
Barber/Beauty Salon | 2/chair | None |
Coin-Operated or Self-Service Laundry or Dry Cleaner | 1/200 sq. ft. of floor area | Coin-Operated or Self-Service Laundry or Dry Cleaner |
Day Care or Day Nursery | 1/5 pupils + 1/employee | 1 space for drop-off /3 pupils |
Driving Range | 1/10 linear ft. of designated tee area | None |
Eating or Drinking Establishment (no drive-through service) | 1/2.5 seats | None |
Eating or Drinking Establishment (with drive-through service and all others) | 1/150 sq. ft. | None |
Furniture, Appliance Sales or Repair | 1/600 sq. ft. of floor area | None |
Indoor Retail Store or Shop | 1/250 sq. ft. of floor area up to 5000 sq. ft., then 1/200 sq. ft. | None |
Lodge or Fraternal Organization | 1/125 sq. ft. of floor area | None |
Miniature Golf | 1 / tee | None |
Mortuary or Funeral Home | 1/2 seats in chapel | None |
Outdoor Retail Sales | 1/500 sq. ft. of site area, exclusive of building | None |
Personal Service Shop | 1/250 sq. ft. of floor area up to 5000 sq. ft., then 1/200 sq. ft. | None |
Shopping Center, Malls & Multi-occupancy uses (3-50 acres) | 1/250 sq. ft. of floor area | None |
Shopping Centers, Mall and Multi-occupancy use (over 50 acres) | 1/300 sq. ft. of floor area | None |
Veterinary Clinic | 1/300 sq. ft. of floor area | None |
Medical, Professional | ||
Bank and Savings & Loan or Other Similar Institution | 1/300 sq. ft. of floor area | None |
Hospital | 1.5/ bed | None |
Medical, Dental Clinic or Office | 1/150 sq. ft. of floor area | None |
Other Office or Professional Business | 1/250 sq. ft. of floor area | None |
Sanitarium, convalescent home | 2/6 beds | |
Manufacturing, Industrial | ||
Manufacturing or Warehousing | 1/3 employees or 1/1,000 sq. ft. of floor area (whichever results in more spaces) | |
Mini-warehouse | 1/3,000 sq. ft. of floor area | None |
Storage Yard | 1/3 employees or 1/1,000 sq. ft. of floor area (whichever results in more spaces) | |
B.
Rules for computing number of parking spaces.
In computing the number of parking spaces required for each of the uses in this section, the following rules shall govern:
1.
Floor area shall mean the gross floor area of the specific use.
2.
Where fractional spaces result, the parking spaces required shall be rounded up to the nearest whole number.
3.
The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.
4.
In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
C.
General parking regulations.
1.
Reduction.
In cases where the applicant can provide documentation that parking spaces exceed the amount necessary for the use and that a reasonable alteration of spaces may be provided. Said reduction shall not represent more than 15 percent of the total required spaces and shall require a special exception.
2.
Mixed use buildings.
Where a building or a site contains two or more uses, the off-street parking requirement shall be computed as the sum of the required off-street parking spaces for each individual use with the exception of shopping centers and multi-use purposes.
3.
Drive lane widths and parking space sizes.
Drive lanes and parking space sizes shall be required as shown in the following illustration. A driveway for access to any non-residential, single parking space or to a parking lot shall not measure less than that shown in the parking layout illustration. All drive approach widths shall be no less than those indicated in the below graphic. All two-way drive lanes shall be a minimum of 24 feet in width. Parking spaces shall be nine feet wide by 18 feet deep for all 90-degree parking spaces. Angled spaces shall be as shown in the graphic.
 |
Parking Angle | Stall Width | Stall Depth | Min. Aisle Width | Aisle Length per Stall | Module Width | ||
|---|---|---|---|---|---|---|---|
One-Way | Two-Way | One-Way | Two-Way | ||||
(A) | (B) | (C) | (D1) | (D2) | (E) | (F1) | (F2) |
Parallel | 8.0 | 8.0 | 12.0 | 18.0 | 22.0 | 28.0 | 34.0 |
45 | 9.0 | 19.1 | 12.0 | 24.0 | 12.7 | 50.2 | 62.2 |
60 | 9.0 | 20.1 | 18.0 | 24.0 | 10.4 | 58.2 | 64.2 |
90 | 9.0 | 18.0 | 24.0 | 24.0 | 9.0 | 60.0 | 60.0 |
4.
On-premises parking required.
All required commercial and residential parking spaces shall be located on the premises to which such requirement applies or within an off-street space of which the distance is not more than 100 feet from such premises.
5.
Residential parking development standards.
The following regulations shall apply to all resident
(a)
All vehicles, including RV’s, campers, boats, or other trailer, which are parked or stored on private property in residential areas are to be on a concrete paved surface or pavers.
(b)
Residences located on properties two acres or greater in size may have an alternate surface material upon authorization of the city council or their designee.
(c)
Pavers are not to exceed one-half-inch above the surface of the yard in which they are placed to allow them to be properly mowed and trimmed around.
(d)
Vehicles are to be completely resting on such surfaces from the point they leave the public streets to the point upon which they are parked or stored.
(e)
All vehicles shall be so parked in relation to the street and dwelling at right angles and not to extend over any walkway or be closer than eight inches from the back of the curb so they will not obstruct the pedestrian ways.
(f)
Any vehicle found in violation of this provision must be made operable or moved to an enclosed building within 30 days from the notification of such condition existing. All repeat violations which occur at the same address within any subsequent 30 day period shall be subject to immediate penalties and/or fines as allowed by law.
(g)
Parking spaces located on existing single-family residentially zoned lots that were deemed to conform at the effective date of this ordinance shall still be deemed to be legal. This includes parking spaces not located in enclosed garages but shall not permit any enclosed garage to be eliminated.
6.
Non-residential parking development standards.
The off-street parking or loading facilities required for nonresidential uses mentioned in these regulations shall be approved by the city engineer.
7.
Maintenance requirements.
To insure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking area to maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of the city council.
D.
Parking regulations for special events and other one-time events.
1.
Special event means a festival, celebration, performance or other such special event which occurs no more frequently than once per year, and which will or should be reasonably anticipated to attract patrons or visitors in such numbers as to exceed the capacity of the permanent parking spaces required and provided under other provisions of this section for the property upon which the special event is to be held. Events which are conducted more frequently than once per year are not considered “special events” under the provisions of this subsection, and the property upon which these events are conducted must conform to the other provisions of this article concerning parking requirements.
2.
The persons or entities conducting any such special event shall submit to the mayor or his/her designee at least 45 business days prior to said event a plan for the accommodation and parking of vehicles of persons reasonably expected to attend such event. The plan must include, at a minimum, the following information:
(a)
A description and the address of the premises where the event is to be held;
(b)
A description and the address of any property, other than the premises described in (a) above, where parking is to be provided for patrons or visitors to the event;
(c)
The name and address of the owner of the premises upon which parking for the event is to be provided, and a statement describing the terms and conditions of the agreement whereby the owner of such premises has authorized their use for parking;
(d)
The dates and times that the event is to be held;
(e)
The measures which will be taken by the persons or entities conducting the special event to ensure safe and orderly traffic flow to and from the event site and any parking area;
(f)
A plan or diagram of the proposed layout of the parking scheme upon the property to be used for parking for such event.
(g)
All parking for any such special event shall be provided off-street and on an area and surface reasonably anticipated to be dry and safe for vehicular and pedestrian traffic. No public property or rights-of-way may be utilized or included in such parking areas except upon express, prior written permission by the city council.
3.
Subject to the above requirements, the surface of such parking areas need not be paved or otherwise surfaced as required by the other provisions of this article for permanent parking areas, but it must be suitable for the type and amount of vehicular and pedestrian traffic reasonably anticipated for the special event at issue.
4.
Upon submittal of the required parking plan to the city, the mayor or his/her designee shall review it and shall advise the applicants whether any changes or modifications to said plan will be required. The mayor or his/her designee has the sole discretion to approve or reject, or require modifications to, any parking plan required hereunder. No vehicles may be parked in any location not otherwise allowed under other subsections of this section, in connection with any special event, unless and until the mayor or his/her designee has issued a written approval of the parking plan of the special event.
5.
Such written permission may be revoked at any time by the mayor or his/her designee if it is found that false or misleading information was contained in the proposed parking plan.
E.
Handicapped spaces.
1.
All areas of newly designed or newly constructed buildings and facilities required to be accessible under federal and state law shall comply with the standards set forth in the Texas Accessibility Standards of the Architectural Barriers Act, Tex. Rev. Civ. Stat. Art. Ann. §9102 (Vernon Supp 2000.)
2.
The dimensions of each “H” parking space shall be 12 feet wide and 18 feet long.
3.
Each and every “H” parking space required by this section of the parking regulations or by other applicable regulations shall be clearly identified as reserved for the handicapped.
4.
The number of “H” parking spaces required shall be determined by the following table:
Total Parking Spaces Provided | Number of Accessible Spaces |
|---|---|
1 to 25 | 1 |
25 to 50 | 2 |
51 to 75 | 3 |
76 to 100 | 4 |
101 to 150 | 5 |
151 to 200 | 6 |
201 to 300 | 7 |
301 to 400 | 8 |
401 to 500 | 9 |
501 to 1,000 | 2% of total |
More than 1,000 | 20 plus one for each 100 over 1,000 |
F.
Single-family attached and multi-family parking facilities.
Common parking facilities for single-family attached and multi-family structures shall meet the following criteria:
1.
Each dwelling unit shall have its required parking spaces provided within 100 feet of a principal entrance to a single-family attached structure and 150 feet of a principal entrance to a multi-family structure.
2.
The parking facility shall be arranged so that a minimum of five feet shall separate any parked car from a solid building wall and 20 feet from a principal entrance.
3.
In any residential district off-street parking provided at the rear of the lot shall be permitted to occupy any paved portion of the rear yard except that a minimum distance of 20 feet shall separate the enclosed off-street parking spaces from an alley at the rear lot line.
G.
Parking access requirements.
Parking areas which would require the use of public rights-of-way for maneuvering shall not be acceptable for the furnishing of required off-street parking spaces other than for single-family detached and duplex dwelling structures. Parking parallel at the curb on a public street shall not be substituted for off-street requirements.
H.
Non-residential off-street loading requirements.
Provisions for loading and unloading in non-residential districts shall be provided on the site according to the following regulations:
1.
To facilitate the movement of traffic on the public streets, all retail, office and service buildings shall provide and maintain off-street facilities for the loading and unloading of merchandise and goods within the building or on the lot adjacent to a public alley or private service drive:
2.
Individual loading space dimensions shall be required as a minimum to be 35 feet in length, 12 feet width with a height clearance of 15 feet.
3.
The number of off-street loading spaces shall be placed according to the following table:
Square Feet of Gross Floor Area in Structure | Maximum Required Spaces or Berths |
|---|---|
0 to 10,000 | None |
10,000 to 50,000 | 1 |
50,000 to 100,000 | 2 |
100,000 to 200,000 | 3 |
Each additional 200,000 | 1 Additional |
I.
Additional regulations.
Nothing in this section shall require the furnishing of additional parking spaces for buildings existing and used on the date of adoption of this article. However, any enlargement or addition to an existing building shall not be approved unless such building and addition or enlargement shall be brought into full compliance with the provisions of this section.
When the occupancy of any building is changed to another use, parking shall be provided to meet the requirements for the new use.
J.
General design standards for parking structures.
1.
In all districts, above grade parking structures shall conform to height restrictions for zoning districts in which they are located.
2.
The distance from parking structure entry and exit points to a corner of a street intersection shall conform to standards contained in the subdivision ordinance.
3.
Ramps shall not be constructed with slopes exceeding 15 percent and single lane entrances shall not be less than 16 feet wide at the street.
4.
A minimum of one car length shall be provided between an exit control gate and the inside edge of a sidewalk to minimize conflicts between exiting cars and pedestrians.
5.
Parking structure facades shall be left 50 percent open and interior light levels shall be maintained at ten footcandles to enhance security and safety. All parking structure lighting shall be designed so as not to reflect or shine on adjacent properties.
6.
Full enclosure of any level of a parking structure may be permitted only if such structure is fully sprinklered and mechanically ventilated.
K.
Stacking requirements for drive-through facilities.
1.
A stacking space shall be an area on a site measuring eight feet by 20 feet with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area.
2.
For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of five stacking spaces (from the right-of-way line).
3.
For each service window of a drive-through restaurant, a minimum of seven stacking spaces (from the right-of-way line) shall be provided.
4.
For kiosks, a minimum of two stacking spaces (from the right-of-way) for each service window shall be provided.
5.
For drive-in cleaners, three storage spaces for each drive-in/drive-through window.
L.
Exemptions.
Commercial uses located in the Heritage Preservation Overlay District, when the underlying zoning district is commercial, shall be exempt from this section.
(Ordinance 2017-22, ex. 2, adopted 12/19/17)
§ 6-8 Screening and buffer requirement.
A.
Purpose.
Standards set forth in this section are intended to encourage the appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the following standards.
B.
Generally.
1.
When a boundary of a non-residential zoning district sides or backs upon an SF5, SF2.5, SF1.5, MH District, or a residential planned unit development a solid screening wall or fence of not less than six feet nor more than eight feet in height shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual barrier between the properties.
2.
Where a multi-family use abuts a one or two family residential zoning district, the side and rear property lines of said multi-family district shall be suitably screened to a height of not less than six feet, nor more that eight feet, from any adjacent dissimilar residential dwelling or lot.
3.
The owner of such property of the lesser restrictive use shall be responsible for and shall build the required wall or fence on his property line dividing his property from the more restrictive zoning district.
4.
The entire area occupied by a junk yard or salvage yard shall be surrounded by a continuous screening wall or fence.
C.
Screening wall or fence construction.
1.
Unless otherwise provided for herein, a screening wall or fence required under the provisions of this section shall be constructed of a permanent, solid masonry material. Such wall or fence shall not contain openings constituting more than 40 square inches in each one square foot of wall or fence surface, and the surface of such wall or fence shall constitute a visual barrier.
2.
All wall or fence openings shall be equipped with gates compatible in height and screening characteristics to the wall or fence.
3.
In cases where city council finds this requirement to be better met by a screen of living, irrigated plant materials, a landscape plan may be submitted in lieu of a screening wall. Such landscape screening must be no less than four feet deep and must demonstrate screening characteristics equal to that of a masonry-screening wall.
4.
In cases where the city council finds this requirement better met by a decorative fence or a combination of decorative fence and masonry screening wall and/or living plant materials, the same may be submitted to the city for approval along with a landscape plan.
5.
All required screening walls shall be equally finished on both sides of the wall.
D.
Prohibited screening walls and fences.
1.
Required walls or fences shall not be constructed of chain link, barbed wire or other similar materials.
2.
With the exception of the AG district, electric fences are not permitted in any zoning district. Existing electric fences shall be removed at the time that property ownership is transferred.
3.
All required screening elements shall be permanently maintained by the nonresidential property owner.
4.
Dumpsters and trash receptacles located on non-residentially zoned property and on sites used for non-residential purposes shall be located on a concrete pad constructed for that purpose. Said dumpsters and trash receptacles shall be screened on three sides by a masonry wall and shall contain a solid self-latching gate. The masonry wall shall be of similar construction as the principle building. Non-decorative concrete block shall not be permitted. A screening device shall be erected along side and rear property lines adjacent to residential districts. The screening device shall be a minimum height of eight feet, unless otherwise approved by city council.
5.
No screening element of solid construction such as brick, masonry, concrete or solid metal, shall be erected or placed which would interfere with the installation or maintenance of any public utility line, service, or drainage-way within easements reserved therefore.
(Ordinance 2017-22, ex. 2, adopted 12/19/17)
§ 6-9 Construction materials.
A.
Exterior construction of main buildings in residential districts.
1.
The exterior facades of a main building or structure in the single-family residential districts shall be constructed of 80 percent masonry, excluding windows and doors, unless otherwise specified in this article. Cementatious fiberboard, cedar, redwood, or cypress may constitute 50 percent of stories other than the first story. Cementatious fiberboard, redwood, cedar, or cypress may also be used for architectural features, including window fur-outs, bay windows, roof dormers, garage door headers or rear entry garages, columns, chimneys not part of an exterior wall, or other architectural features approved by the building official. In the agricultural district on lots of 100 acres or greater, a main building or structure, for nonresidential use, may be constructed of wood or an equivalent material.
B.
Exterior construction of main buildings in non-residential districts.
All exterior facades for a main building or structure in a nonresidential district shall be constructed of 100 percent masonry as defined herein.
Exception. Metal buildings are permitted in the LI Light Industrial or Planned Development Districts upon review of the planning and zoning commission and approval by the city council subject to:
1.
The maximum height of the metal building is 36 feet;
2.
The lot on which the building is constructed must have frontage only on streets with 80 feet in right-of-way or greater;
3.
The lot containing the metal building shall be at least 500 feet from any zoning districts other than LI Light Industrial and PD Planned Development for industrial or commercial uses;
4.
The wall of the building facing the street must be 100 percent masonry; and
5.
Other walls of the building visible from a street must have trees planted on 30-foot centers within 20 feet of the building.
C.
Exterior construction of accessory buildings.
Exterior construction of maintenance buildings for golf courses, public or parochial schools, churches, or the city may be metal upon issuance of a specific use permit. In the SF5, SF2.5, and SF1.5 Zoning Districts, accessory buildings used exclusively for equipment storage, animal and farm-related uses, or hobby uses may be constructed of metal or a metal-wood combination upon approval of the building official; provided, however, that no such accessory building shall be located within 50 feet of any primary residential dwelling nor shall such structures be located within 100 feet of any primary residential dwelling if the accessory building is used primarily for housing or stabling animals.
D.
Definition of masonry construction material.
Masonry construction for residential uses, unless otherwise provided for in this article, shall be composed of fired brick, natural and manufactured stone, granite, marble, or cementatious stucco. Masonry construction for nonresidential uses, unless otherwise provided for in this article, shall be composed of fired brick, natural and manufactured stone, granite, marble, or cementatious stucco. Elevations visible from a public thoroughfare or with an adjacent residential use may not be composed of greater than 60 percent integral colored architectural concrete block. Other exterior construction materials allowed for nonresidential structures are painted or stucco covered tilt wall concrete panels and exterior insulated finishing system (EFIS). EFIS is not permitted below nine feet above finished grade, and the use of EFIS above nine feet is limited to high impact EFIS.
E.
Building canopies.
Convenience store building roofs and fueling station canopies shall be pitched. Canopy columns shall be fully encased in masonry that is complimentary to the masonry material that is used on the main building. The canopy band face shall be a color consistent with the main structure or an accent color and may not be backlit or used as signage.
(Ordinance 2017-22, ex. 2, adopted 12/19/17)
§ 6-10 Landscape requirements.
A.
Purpose.
It is the purpose of this section to establish certain regulations pertaining to landscaping within the city. These regulations provide standards and criteria for new landscaping and the retention of existing trees which are intended to:
1.
Promote the value of property, enhance the welfare, and improve the physical appearance of the city;
2.
Reduce the negative effects of glare, noise, erosion and sedimentation caused by expanses of impervious and un-vegetated surfaces within the urban environment; and
3.
Preserve and improve the natural and urban environment by recognizing that the use of landscaping elements and retention of existing trees can contribute to the processes of air improvement and purification, oxygen regeneration, groundwater recharge, abatement of noise, reduction in glare and heat, provision of habitats for wildlife, and enhance the overall beauty of the City of McLendon-Chisholm.
4.
These landscape regulations establish requirements in the NC, GB, CP, O-1, O-2, LI, Zoning Districts and all non-residential development located in a residentially zoned district.
5.
Residential uses in the A, SF5, SF2.5, and SF1.5 Districts shall conform only to the requirements set forth in subsection E, Residential uses, of this section.
6.
Non-residential uses located within the SF5, SF2.5, SF1.5, and MH. Zoning Districts, which consist of principle structures, parking areas, and signage, shall be required to comply with the requirements contained in this section.
B. Buffer yard. Building footprint. Caliper. Canopy trees. Development. Enhanced pavement. Ground cover. Interior lot area. Landscape architect. Landscape area. Lawn grasses. Licensed irrigator. Permeable pavement. R.O.W. parkway. Seasonal color. Shrubs. Understory/accent trees.
Landscaping definitions.
The following definitions shall apply:
A buffer yard is a unit of land, together with a specified amount of planting thereon, and any structures which may be required between, land uses to eliminate or minimize conflicts between them.
The area of the building in contact with the ground.
Diameter of the trunk measured four foot above grade.
A perennial woody plant single or multiple trunks, contributing to the uppermost spreading branch layer of a forest and may be commonly referred to as shade trees.
The changing of the existing topography in order to promote the construction of structures or infrastructure to accommodate any improvements necessary to erect facilities for dwelling or commercial or industrial uses resulting in developed property. The changing of the existing topography in order to promote the construction of structures or infrastructure to accommodate any improvements necessary to erect facilities for dwelling or commercial or industrial uses resulting in developed property.
Any permeable or non-permeable decorative pavement material intended for pedestrian or vehicular use. Enhanced pavement includes brick or stone pavers, grass pavers and stamped and stained concrete.
Low growing, dense spreading plants typically planted from containers.
The area of the lot remaining after subtracting out the area included in the buffer yards.
A person registered as a landscape architect in the State of Texas pursuant to state law.
An area covered by natural grass, ground cover, or other natural plant materials.
Thin bladed surface growing plants typically planted from seed, sprigs, or plugs.
A person duly licensed by the State of Texas to design and install irrigation systems.
A paving material that permits water penetration.
That area within the public right-of-way (R.O.W.) between the back of curb or edge of pavement and the right-of-way line.
Landscape areas used for annual and perennial flowers intended to maintain year-round color accents.
Plants that grow vertically in a mufti-branched growth pattern.
Small evergreen or deciduous perennial woody plants, which would grow below the top layer of the forest and typically has unique branching, textural or seasonal color characteristics.
C.
Events causing compliance.
Land uses not previously subject to landscaping requirements may be required to comply with this section upon the occurrence of one of the following events:
* | A change in zoning; |
* | Requirement of landscaping as conditions of a specific use permit; |
* | Issuance of a building permit; or |
* | Loss of legal non-conforming status. |
D.
Landscaping generally.
Landscape installation required:
1.
A minimum of 20 percent of the total lot shall be landscaped. Landscaping which includes the planting of new and the retention of existing shrubs, trees, and flowering plants, in addition to grass, may reduce the landscape requirement to ten percent of the total lot area. Landscaping which consists of grass only will require 20 percent of the total area to be landscaped.
2.
20 percent of the total land area in any lot upon which development or construction occurs for any use after the effective date of this article shall be landscaped in accordance with this section.
3.
Where the construction is to be a single phase of a multi-phase development, only the area being constructed in the current phase need be subject to the landscape regulations. However, each phase will be required to meet the landscaping requirements as they are being developed.
E.
Required tree planting in residential districts.
Residential uses located in the SF-5, SF2.5, or SF1.5 zoning districts shall be required to locate a minimum of two trees within the front-yard setback. The size of such trees shall be a minimum of three-inches in caliper and shall be approved by the city according to the recommended tree list, section 6-10, Landscaping regulations.
F.
Landscaping plan required.
1.
The landscape plan may be prepared by the applicant, or his/her designee. The landscape plan is not required to be prepared by a registered or certified professional.
2.
A landscaping plan shall be submitted to the city for approval. The landscape plan may be submitted as a part of the site plan or as a separate submittal. However, a landscape plan meeting the requirements of this article shall be provided and approved prior to the issuance of a building permit.
3.
The landscape plan shall contain the following information:
4.
Drawn to scale; Minimum scale of one inch equal 50 feet;
5.
Location of all trees to be preserved, method of preservation during the construction phase of development shall be approved by the director of parks and recreation.
6.
Location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, or other landscape features;
7.
Species of all plant material to be used;
8.
Size of all plant material to be used;
9.
Spacing of plant material where appropriate;
10.
Layout and description of irrigation, sprinkler or water system, including placement of water sources;
11.
Description of maintenance provisions of the landscape plan;
12.
Persons responsible for the preparation of the landscape plan.
G.
Locational criteria.
1.
Not less than 40 percent of the total landscaping shall be located in the designated front yard.
2.
In the LI Zoning District only the front yard 40 percent of the total 20 percent shall be required. The rear and side yard landscape requirements may be waived upon submittal of a landscape plan showing other requirements.
3.
All landscape material shall comply with visibility requirements of the McLendon-Chisholm Subdivision Regulations.
H.
Credits toward landscaping requirements.
1.
Grass is an appropriate landscape material. However, a variety of plan material is recommended. Credits toward the landscaping requirements may be granted in the following manner:
2.
Additional enhancement credit may be obtained by providing the following optional landscaping elements.
Landscape Area Credit | |
|---|---|
Landscape Element | Amount of Area Credit |
For each 3 inch tree | 200 sq. ft. |
For each 6 inch tree | 400 sq. ft. |
For each existing 6" tree protected and kept | 800 sq. ft. |
For each one-gallon shrub | 10 sq. ft. |
For each five-gallon shrub | 25 sq. ft. |
For each sq. ft. of flowering beds | 2.5 sq. ft. |
For each sq. ft. of xeriscape area | 5 sq. ft. |
For each sq. ft. of landscaped R.O.W. | 0.5 sq. ft. |
3.
In no instance shall the total amount of landscaping on a lot be reduced through credits by more than 50 percent of the landscaped area required by this article.
4.
Xeriscaped area shall be clearly located and detailed on the site plan. In addition, the xeriscape methodology shall be detailed on the site plan.
5.
A flowering bed is any area where the soil has been specifically prepared for the planting of flowering plants. In addition in order to be considered for credit calculations, at least 80 percent of the prepared area must be covered with flowering plant material at the time of peak growth.
6.
Caliper of trees is to be measured at a point 12 inches above top of ground.
7.
In order to receive credit for protecting and keeping existing trees, the area within the dripline of the tree must be protected by fencing during grading and construction.
I.
Installation and maintenance.
1.
All required landscaped area shall be permanently landscaped with living plant material, and shall have an irrigation system installed. Synthetic or artificial lawn or plant material shall not be used to satisfy the landscape requirements of this article.
2.
Landscaped areas shall be kept free of trash, litter, weeds, and other such materiel or plants not a part of the landscaping.
3.
All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Maintenance shall include mowing, watering, trimming, pruning, etc.
4.
Plant materials which die shall be replaced with plant material of similar variety and size within 90 days period, with a one time extension not exceeding 90 days being provided upon approval of the city council.
J.
Landscaping of parking lots.
It is the intent of these landscape regulations to encourage design and construction of parking areas so that in a manner whereby areas within the parking lot are landscaped as well as areas considered unusable for parking or maneuvering space are landscaped. The following minimum requirements shall be observed:
1.
A minimum of ten percent of the gross parking area shall be devoted to living plant material. Gross parking area shall be measured from the edge of the parking and/or driveway paving and sidewalks.
2.
Landscaped areas within parking lots shall be located so as to best relieve the expanse of paving.
3.
The placement of additional landscaped islands throughout the parking area in a manner which best relieve large expanses of paved area is encouraged.
4.
Landscape material which is located within the interior of a parking lot shall be surrounded by a curb of four inches in height.
5.
Landscaping within a parking lot shall not create a visibility obstruction. A visibility obstruction within a parking lot is defined as landscaping between 30 inches in height and seven feet in height. No shrubs shall exceed 30 inches in height. Tree canopies shall be at least seven feet in height.
6.
For large existing trees located in the parking area, which is being retained and incorporated into the landscaping plan, an appropriate aeration system or an alternative method of protecting the tree must be provided and detailed in the landscape plan.
7.
For each landscaped island of at least ten feet by 20 feet located within a parking lot, credit for four parking spaces will be provided. Credit for parking spaces cannot reduce the overall parking requirement by more than 20 percent or to less than ten total spaces.
K.
Landscaping as related to certificate of occupancy.
1.
All landscaping shall be completed and installed in accordance with the approved landscape plan within 90 days of a certificate of occupancy being granted. A one-time extension not to exceed 90 days may be granted upon approval of the mayor or his/her designee.
2.
If these landscaping requirements have not been satisfied within the 90 days six month period from when the certificate of occupancy is issued, the property owner shall be considered in violation of this the Zoning Ordinance of the City of McLendon-Chisholm, and shall be subject to the penalties established herein. A one-time extension not to exceed 90 days may be granted upon approval of the city council.
L.
Nonconforming landscaping conditions.
Developments, structures, and uses that are in existence at the time of the adoption of this article, which do not meet the landscape requirements provided herein, will be considered as being legal nonconforming . These nonconforming uses/structures will be subject to Article 2, Nonconforming lots, structures, and uses of the McLendon-Chisholm Zoning Ordinance, unless otherwise provided for in this section.
M.
Relief from landscaping requirements.
Upon completion of the following, relief from landscaping requirements may be granted in situations where the individual circumstances, such as the presence of existing facilities or unusual topography, limit the applicant’s ability to comply with the landscaping requirements of this article:
1.
The applicant shall provide the city council with an alternative landscape plan for review and approval.
2.
Said landscape plan will illustrate a plan to landscape area as available, provide for irrigation, and provide a phasing schedule for completing the plan.
3.
The installation of landscaping as indicated by the landscape plan is completed and approved by the city.
Approved/Recommended Plant List | |
|---|---|
Common Name | Scientific Name |
Canopy Trees | |
Ash, Texas | Fraxinus texensis |
Cedar Elm | Ulmus crassifolia |
Cedar, Eastern Red | Juniperus virginiana |
Cypress, Bald | Taxodium distichum |
Elm*, Lace Bark | Ulmus parvifolia |
Magnolia, Southern | Magnolia grandiflora |
Maple, Bigtooth | Acer gradidentatum |
Maple, Caddo | Acer saccharum |
Oak, Bur | Quercus macrocarpa |
Oak, Chinquapin | Quercus muhlenbergil |
Oak, Escarpment Live | Quercus fusi formis |
Oak, Lacey | Quercus glaucoides |
Oak, Live | Quercus virginiana (Escarpment) |
Oak, Post | Quercus stellata |
Oak, Red | Quercus shumardi |
Oak, Texas Red | Quercus texana |
Osage Orange | Maclura pomifers (thornless andfruitless) |
Pecan (native) | Carya illinoinensis |
Pistache*, Chinese | Pistacia chinenis |
Soapberry, Western | Sapindus drummondii |
Walnut, Black | Juglans nigra |
Ornamental Trees | |
Buckeye, Mexican | Ungnadia speciosa |
Buckeye, Texas | Aesculus glabra var. arguta |
Buckthorn, Carolina | Rhamnus caroliniana |
Chaste Tree* | Vitex agnus-castus |
Crabapple, Prairie | Pyrus ioensis |
Crape Myrtle* | Largerstroemia indica |
Eves Necklace | Sophora affinis |
Goldenball Leadtree | Leucaena rietusa |
Hawthorne* | Crataegus phaenopyrum |
Hawthorne* | Cratoegus crus-galli |
Hawthorne* | Cratoegus reverchonii |
Holly, Possumhaw | Ilex deciduas |
Indigo, False | Amorpha fruticosa var. angustipolic |
Mountain Laurel, Texas | Sophora secundiflora |
Persimmon, Texas | Diospyros texana |
Plum, Mexican | Prunus mexicana |
Redbud | Cercis canadensis |
Smoketree | Cotinus obovatus |
Smoketree* | Cotinus caggyria |
Sumac, Prairie Flame-leaf | Rhus lanceolata |
Viburnum,Rusty Blackhow | Viburum rufidulum |
Wax Myrtle | Myrica cerifera |
Willow, Desert | Chilopsis linearis |
Yaupon Holly | Ilex vomitoria |
Shrubs | |
Agarita | Berberis trifoliolata |
Althea | Hibiscus syriacus |
American Beautyberry | Callicarpa americana` |
Aspidistra | Aspidistra eliator |
Barberry, Red | Berberis thunbergii |
Barberry, Texas | Berberis thunbergii |
Bayberry | Myrica pensylvanica |
Bird of Paradise | Caesalpinia gilliesii |
Burning Bush | Euonymus alata compacta |
Butterfly Bush | Buddleia sp. |
Cactus, Prickly Pear | Opuntia phaceacantha |
Cenizo | Leucophyllum frutescens |
Chokeberry, Red | Aronia arbutifolia |
Coralberry | Symphoricarpos obiculatus |
Dogwood, Rough Leaf | Cornus drummondii |
Elaeagnus | Elaeanus macrophylla |
Forsythia | Forsythia sp. |
Germander, Upright | Teucrium chamaedrys |
Holly, Dazzler | Ilex cornuta ‘Dazzler’ |
Holly, Dwarf yaupon | Ilex vomitoria |
Holly, Nellie R. Stevens | Ilex x ‘Nellie R. Stevens’ |
Honeysuckle, Bush | Lonicera fragrantissima |
Hydrangea, Oakleaf | Hydrangea quercifolia |
Hypericum, Upright | Hypericum patulum |
Jasmine, Italian | Jasmine nudiflorum |
Lantana | Lantana horrida |
Mahonia, Leatherleaf | Mahonia bealeii |
Mimosa, Fragrant | Mimosa borealis |
Nandina, Compact | Nandina domestica compacta |
Nandina, Gulfstream | N.d. ‘Gulfstream’ |
Nandina, Standard | N. domestica |
Pavonia | Pavonia lasiopetala |
Photinia, Chinese | Photinia serrulata |
Privet, Southern River | Ligustrum vulgare |
Privet, Variegated | Ligustrum luicidum ‘variegata’ |
Quince, Flowering | Chaenomeles japonica |
Sage, Cherry | Salvia greggii |
Sjpiraea, Bridal Wreath | Spiraea sp. |
Spiraea, Anthony Waterer | Spiraea x bumalda ‘goldflame’ |
Spiraea, Goldflame | Spiraea x bumalda ‘goldflame’ |
Spiraea, Little Princess | Spiraea x bumalda ‘Little Princess’ |
Spiraea, Shirobana | Spiraea japonica ‘Shirobana’ |
Sumac, Aromatic | Rhus aromatica |
Sumac, Evergreen | Rhus virens |
Sumac, Smooth | Rhus glabra |
Turk’s Cap | Malvaviscus drummondii |
Viburnum, Cranberry Bush | Viburnum opulus |
Viburnum, Small Leaf | Viburnum obavatum |
Viburnum, Snowball | Viburnum opulus |
Virginia Sweetspire | Itea virginica |
Wax Myrtle, Dwarf | Myrica pusilla |
Yucca, Red | Hespenaloe paruiflora |
An “ * ” indicates an approved street tree |
(Ordinance 2017-22, ex. 2, adopted 12/19/17)
§ 6-11 Wireless communication facilities.
A.
Purpose.
Certain radio equipment used in transmitting and receiving signal energy are essential and are deemed to promote the health, safety, and general welfare of the citizens of the city. The placement of such equipment shall be located such that the health, safety, welfare, and aesthetic quality of the community shall not be compromised. Therefore, the regulations governing the location of such equipment shall consider the aesthetic quality of the community equal to the health, safety, and general welfare of the community. The antennas, masts, and towers hereinafter enumerated shall not be deemed violations of this article when made under the conditions herein provided. Property zoned A Agricultural District is considered as a residentially zoned district for the purpose of this Section 6-11.
B. Antenna. Antenna, building attached. Antenna facility. Antenna, microwave. Antenna, panel. Antenna, whip. Co-location. Equipment storage. Lattice tower. Monopole. Personal wireless services. Personal wireless service facilities. Satellite receive-only antenna. Stealth facility. Unlicensed wireless service.
Wireless communications facilities definitions.
The following definitions shall apply:
A device used in communications which transmits or receives radio signals.
Antenna attached to existing structures in two general forms: (1) roof-mounted, in which antennas are placed on the roofs of buildings, or (2) building-mounted, in which antennas are mounted to the sides of buildings. These antennas can also be mounted on structures such as water tanks, billboards, church steeples, electrical transmission towers, etc.
A building or independent support structure and the antennas mounted thereon, along with an associated and necessary equipment building.
Also known as “dish” antenna. A dish-shaped antenna used to link communications sites together by wireless transmission of voice or data, utilizing electromagnetic radiation frequencies from three GHz to 300 GHz; and using relatively low transmitter power levels when compared to other forms of transmission.
Also known as “directional” antenna. An antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antennas are typically flat, rectangular devices approximately six square feet in size.
Also known as “omni-directional antenna.” Shaped cylindrically, whip antennas have diameters between two and six inches, and measure between one and 18 feet in height. They are used to emit signals in a 360-degree horizontal plane and a compressed vertical plane.
The act of locating wireless communications equipment from more than one provider on a single antenna facility.
A small unmanned, single story equipment building less than 500 square feet in size used to house radio transmitters and related equipment.
A tower having three or four support steel legs and holding a variety of antennas. These towers range from 60 to 200 feet in height and can accommodate a variety of users.
An antenna facility composed of a single spire used to support communications equipment. No guy wires are used or permitted.
Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.
Facilities for the provision of personal wireless services.
An antenna that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna, or satellite earth station antenna.
An antenna facility that is virtually transparent or invisible to the surrounding neighborhood. Stealth facilities may include totally enclosed antennas, wireless facilities that replicate or duplicate the construction of common structures such as flagpoles, and camouflaged wireless facilities that are constructed to blend into the surrounding environment.
The offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services (as defined in section 47 USCS § 303(v)).
C.
Residentially zoned districts–Amateur radio equipment and TV antennas.
Amateur radio equipment, including ham radio and CB equipment and personal use TV antennas, shall be allowed in the residential zoning districts if they comply with the following regulations:
1.
A specific use permit must be obtained in the residential zoning districts for any antenna facility which does not comply with the regulations specified herein;
2.
Antenna facilities may be building attached, monopoles, or lattice towers;
3.
Up to three antenna facilities may be located on a lot of record, co-location is encouraged;
4.
An antenna facility, exclusive of the height of any antenna or mast, shall not exceed 35 feet in height. Provided, however, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of an accessory building in the zoning district regulations contained in section 6-3, Accessory building regulations. Regardless of the above, the maximum height for a tower permitted without a specific use permit in any residential district shall be 65 feet;
5.
The height of an antenna, including the height of any antenna facility to which they may be fastened or attached, shall not exceed 65 feet in height without a specific use permit;
6.
An antenna not fastened to an antenna facility shall not exceed 50 feet without a specific use permit, except for an antenna which does not extend more than eight feet above a building on which it is mounted;
7.
An antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer’s designs and specifications for maximum wind load requirements;
8.
Setbacks:
(a)
Antennas and antenna facilities shall not be permitted in front or side yards. Guy wires are not permitted in front yards;
(b)
Guy wires are permitted in required side and rear yards;
(c)
Setback for antenna facilities shall be the same as is required for accessory buildings in residential districts.
9.
Separation.
There shall be no minimum or maximum separation requirements for antenna facilities from other structures on the same lot of record;
10.
Antenna facilities shall not be permitted in any easement;
11.
Lights.
No auxiliary or outdoor lighting shall be allowed on antenna facilities located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Authority or the Federal Communications Commission;
12.
Construction standards.
A building permit must be obtained prior to the construction and/or installation of an antenna facility. Antenna facilities must be installed as per the manufacturers recommendations or under the seal of a registered professional engineer of the State of Texas. Regardless of the above, all such antenna facilities must meet the Electronic Industries Association Standard EIA-222-D, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and the Building Code;
13.
Maintenance.
Antennas and/or antenna facilities obviously not in use or obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the mayor or his/her designee to safeguard life, limb, health, property, and public welfare;
14.
No part of an antenna facility or any attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility; and
15.
No permit shall be issued for the installation of an antenna facility on a multi-family structure or property unless a notarized statement of permission from the owner is presented to the building department.
D.
Residentially zoned districts–Commercial equipment and antennas.
Only building attached antenna shall be allowed in residentially zoned districts under the following conditions:
1.
A specific use permit must be obtained in the residential zoning districts for any commercial equipment or antenna facility which does not comply with the regulations specified herein;
2.
The proposed antenna must be attached to or enclosed in an existing structure currently or last occupied by a nonresidential use as listed in section 6-1, Permitted use table, or attached to a power or telephone pole, water storage tower, or other utility structure;
3.
The antenna must not exceed eight feet above the structure to which it is attached;
4.
A minimum of 1,500 feet of separation shall be required between antenna facilities;
5.
If attached to the exterior of a structure or a power or telephone pole, water storage tower or other utility structure the antenna must be at least 75 feet above grade and painted to match the structure to which it is attached;
6.
The antenna may be placed lower than 75 feet above grade if completely enclosed within existing architectural elements of a building so as not to be visible;
7.
Any associated equipment storage building shall be screened from public view by a decorative masonry wall, with landscaping for aesthetic purposes;
8.
All driveways accessing any antenna facility site or equipment storage site shall be constructed of an all weather hard surface as approved by the city engineer;
9.
Lights.
No auxiliary or outdoor lighting shall be allowed on antennas located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Authority or the Federal Communications Commission;
10.
Construction standards.
A building permit must be obtained prior to the construction and/or installation of a tower, antenna or mast. Towers must be installed as per the manufacturers recommendations or under the seal of a registered professional engineer of the State of Texas. Regardless of the above, all such towers, antennas or masts must meet the Electronic Industries Association Standard EIA-222-D, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and the Building Code;
11.
Maintenance.
Antennas, obviously not in use or obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the mayor or his/her designee to safeguard life, limb, health, property, and public welfare;
12.
No part of an antenna, or any attachment thereto may extend beyond the property lines of the owner of such antenna; and
13.
No permit shall be issued for the installation of commercial radio equipment or an antenna on a structure or property unless a notarized statement of permission from the owner is presented to the building department.
E.
Non-residential districts.
Radio, television, microwave broadcast relay, receiving towers, transmission and re-transmission facilities, satellite receiving only earth stations (home dish antenna), and any electronic emission equipment or antenna facility of a commercial nature shall be allowed in the nonresidential zoning districts if it complies with the following regulations:
1.
Up to three antenna facilities may be located on a lot of record, co-location is encouraged;
2.
Antenna facilities shall be limited to building attached, stealth, and monopoles only;
3.
An antenna facility, exclusive of the height of any attached antenna, shall not exceed 35 feet in height. Provided, however, that an antenna facility shall be permitted additional height at the ratio of one added foot in height for each additional foot of setback beyond the minimum setback required of a accessory building in the zoning district regulations herein. Regardless of the above, the maximum height for an antenna facility permitted without a specific use permit in any nonresidential district shall be 65 feet;
4.
With the exception of stealth facilities, the height of an antenna, including the height of any antenna facility to which they may be fastened or attached, shall not exceed 65 feet in height without a specific use permit;
5.
With the exception of stealth facilities, an antenna shall not extend more than eight feet above a building on which it is attached;
6.
An antenna facility shall be limited to having the number and size of antennas attached to it that are allowed by the antenna facility manufacturer’s designs and specifications for maximum wind load requirements;
7.
Setbacks.
With the exception of stealth facilities, antennas and antenna facilities shall not be permitted in front or side yards;
8.
Antenna facilities shall not be permitted in any easement;
9.
Lights.
No auxiliary or outdoor lighting shall be allowed on antennas located on residentially zoned property except such lights or lighting as may be required by the Federal Aviation Authority or the Federal Communications Commission;
10.
Construction standards.
A building permit must be obtained prior to the construction and/or installation of a tower, antenna, or mast. Antenna facilities must be installed as per the manufacturers recommendations or under the seal of a registered professional engineer of the State of Texas. Regardless of the above, all such antenna facility and antennas must meet the Electronic Industries Association Standard EIA-222-D, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and the Building Code;
11.
Maintenance.
Antenna facilities and antennas obviously not in use or obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the mayor or his/her designee to safeguard life, limb, health, property, and public welfare;
12.
No part of an antenna facility and antennas or any attachment thereto may extend beyond the property lines of the owner of such antenna or antenna facility;
13.
No permit shall be issued for the installation of an antenna or antenna facility on a multi-family structure or property unless a notarized statement of permission from the owner is presented to the building department;
14.
A specific use permit must be obtained in nonresidential zoning districts for any antenna or tower which does not comply with the regulations, specified herein; and
15.
Stealth facilities which meet the definition of stealth as provided in section 6-11, Wireless communications facilities definitions, shall be exempt from the height and location requirements of this section. In addition, the city council shall be the final authority as to whether or not any facility meets the definition of “stealth.”
F.
Satellite receive-only antennas.
1.
Generally.
Satellite receive-only antennas assist individuals in the receipt of satellite transmitted television signals. Satellite receive-only antennas shall not be deemed violations of this article when made under the conditions herein provided. Such conditions are hereby found to be reasonable and clearly defined
2.
A satellite receive only antenna shall be allowed if it complies with the following:
(a)
The satellite receive-only antenna is two meters or less in diameter and is located or proposed to be located in any area where commercial or industrial uses are generally permitted by non-federal land use regulations or;
(b)
The satellite receive-only antenna is less than one meter in diameter in any residential zoning district.
3.
Large satellite receive-only antennas.
Satellite receive-only antennas that are greater than one meter in diameter in residential districts or greater than two meters in diameter in nonresidential districts shall be allowed in any zoning district if they comply with the following regulations:
(a)
A specific use permit must be obtained for any satellite receive only antenna which does not comply with the regulations specified below.
(b)
Only one satellite receive-only antenna per lot of record;
(c)
A satellite receive-only antenna shall not exceed ten feet in height;
(d)
Setbacks as required for accessory structures shall apply.
(e)
Front and side.
Satellite receive-only antennas shall not be permitted in front or side yards;
(f)
Rear.
Satellite receive-only antennas shall be permitted in rear yards provided they meet the minimum setback as is required for accessory buildings in residential districts and as for all buildings in nonresidential districts;
(g)
Separation.
There shall be no minimum or maximum separation requirements for satellite receive-only antennas from other structures on the same lot of record;
(h)
Satellite receive-only antennas shall not be permitted in easements;
(i)
Lights.
No auxiliary or outdoor lighting shall be allowed on satellite receive-only antennas except such lights or lighting as may be required by the Federal Aviation Authority or the Federal Communications Commission;
(j)
Construction standards.
A building permit must be obtained prior to the construction and/or installation of a satellite receive-only antenna. Satellite receive-only antennas must be installed as per the manufacturers recommendations or under the seal of a registered professional engineer of the State of Texas;
(k)
Maintenance.
Satellite receive-only antennas obviously not in use or obviously in need of maintenance as determined by the building official, shall be removed or brought into compliance within 30 days following notice given by the building official. This shall not preclude immediate action by the mayor or his/her designee to safeguard life, limb, health, property, and public welfare;
(l)
No part of a satellite receive-only antenna or any attachment thereto may extend beyond the property lines of the owner of such satellite receive-only antenna;
(m)
No permit shall be issued for the installation of a satellite receive-only antenna on a multi-family structure or property unless a notarized statement of permission from the owner is presented to the building department;
(n)
All satellite receive-only antennas shall be screened from view from adjoining properties by fencing or evergreen plants. A satellite receive-only antenna located within a fence surrounding the yard in which the satellite receive-only antenna is located shall be considered to be screened;
G.
Specific Use Permit for relief from regulations.
A specific use permit must be obtained for any antenna, tower, facility, structure and/or satellite receive-only antenna which does not comply with the regulations specified in this section 6-11.
1.
Notwithstanding the requirements for specific use permits contained in section 6-2 or elsewhere in the Code of Ordinances, the following limitations shall apply to any request for a specific use permit under this section 6-11:
(a)
The regulation of the placement, construction, and modification of personal wireless service facilities:
(b)
Any request for authorization to place, construct, or modify personal wireless service facilities shall be acted upon within a reasonable period of time after the request is duly filed with the City, taking into account the nature and scope of such request.
(c)
No regulation of the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions is allowed to the extent that such facilities comply with the Federal Communications Commission’s regulations concerning such emissions.
2.
In considering whether to grant a specific use permit for relief from the regulations specified above, the following shall be considered:
(a)
The effect on the value of the surrounding property;
(b)
The potential for interference with the enjoyment of the use of surrounding properties;
(c)
Aesthetics;
(d)
The necessity of the specific use permit for the public health, safety, and welfare of the citizens or for governmental purposes;
(e)
The zoning district and the adjoining zoning districts of the property for which the specific use permit is sought;
(f)
The provisions of 47 C.F.R. § 25.104 which preempt local zoning or other regulations that differentiate between satellite receive-only antennas and other types of antenna facilities unless such regulations:
(g)
Have a clearly defined health, safety or aesthetic objective; and
(h)
Further the stated health, safety, or aesthetic objective without unnecessarily burdening the federal interest in ensuring access to satellite services and in promoting fair and effective competition among competing communications service providers;
(i)
The unique conditions that govern reasonable reception on any given lot;
(j)
To properly evaluate all applications to locate commercial antennas or towers which do not comply with the regulations specified hereinabove the following information must be provided by the applicant:
(i)
Describe the nature of the antenna site. Indicate whether the proposed structure is a monopole or mounted to a self-supporting structure. Indicate the proposed height;
(ii)
Provide photos or drawings of all equipment, structures and antenna;
(iii)
Describe why the antenna or tower is necessary;
(iv)
State the name(s) of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user;
(v)
Indicate if this antenna or tower site is to be connected to other sites; and if so, describe how it will be connected and who will be the backhaul provider;
(vi)
The applicant must address whether or not they have made an effort to co-locate the facilities proposed for this antenna or tower on existing towers or facilities in the same general area. Please identify the location of these existing sites. If yes, please describe in detail these efforts and explain in detail why these existing sites were not feasible. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage. Provide written documentation from existing sites owners and/or operators, which confirm the statements provided. Indicate whether or not the existing sites allow or promote co-location and, if not, describe why not;
(vii)
Indicate whether or not co-location will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis for each reason;
(viii)
If the requested location is in a residential district the applicant must address whether or not they have made an effort to locate the facility in a commercial or industrial district. Please identify the location of these commercial and or industrial district sites. Please describe in detail these efforts and explain in detail why these commercial or industrial district sites were not feasible. Attach all studies or tests performed which demonstrate why the commercial or industrial sites will not provide sufficient signal coverage. Provide written documentation from commercial or industrial district sites’ owners and/or operators which confirm the statements provided;
(ix)
Indicate the proposed provider’s current coverage area for the city. Attach maps showing the areas the proposed provider’s existing antennas currently cover, the areas the applicant’s existing sites and other existing sites would cover, and the areas the applicant’s existing sites and the requested site would cover;
(x)
Describe the applicant’s master antenna and tower plan for the city. Attach maps and other related documentation. Provide information indicating each phase of the plan;
(xi)
Describe the applicant’s plan to minimize the number of telecommunications antenna and towers needed to cover the city;
(xii)
The city council will approve a requested application subject to the finding that co-location of this facility with a nearby existing tower facility is technically not feasible and subject to the following conditions;
(xiii)
Applicant will permit co-location of others at the site;
(xiv)
Applicant will configure its antenna and other equipment to accommodate other providers;
(xv)
Applicant will identify its backhaul provider connecting antenna sites; and
(xvi)
Applicant will give notice to the city identifying any providers who co-locates to the site and identify their backhaul provider.
H.
Written report upon denial of request.
The City of McLendon-Chisholm shall document any denial of a request to place, construct, or modify personal wireless service facilities in writing. Such documentation shall be supported by substantial evidence within the written record.
(Ordinance 2017-22, ex. 2, adopted 12/19/17)
§ 6-12 Outdoor lighting requirements.
A.
Applicability.
All outdoor electrically powered illuminating devices shall be installed in conformance with the provisions of this section, the Building Code and the Electrical Code of the City of McLendon-Chisholm as applicable and under appropriate permit and inspection. These lighting standards shall apply to all non-residential uses in the City of McLendon-Chisholm. Unless otherwise stated, this article does not regulate lighting in public road rights-of-way.
B.
Outdoor lighting plan.
An outdoor lighting plan must be submitted separately from any required site plan or landscape plan on all public or private properties, including rights-of-ways, public easements, franchises and utility easements for approval by the building official. An outdoor lighting plan shall be submitted prior to issuing a building permit. Plans shall include the following:
C.
General lighting requirements.
1.
Unless otherwise provided herein, illumination, where required by this article, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as from time to time amended.
2.
Unless otherwise provided herein, all building lighting for security or aesthetics will be fully-shielded type, not allowing any upward distribution of light. Wallpack type fixtures are acceptable only if they are fully-shielded with 80° cut-off.
 |
3.
No use or operation in any district shall be located or conducted so as to produce glare, or either direct or indirect illumination across the bounding property line from a source of illumination into a residentially zoned property, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. For the purposes of this section, a nuisance shall be defined as more that one-tenths (0.25) of one footcandle of light measured at the residential property line and twenty-five hundredths (2.25) of one footcandle at any adjoining non-residential property line.
4.
Shielding shall be required in all outdoor lighting installations as specified below.
Lamp Type | Shielding |
|---|---|
Low Pressure Sodium (LPS) | Fully Shielded, with 80° cut-off |
High Pressure Sodium (HPS) | Fully Shielded, with 80° cut-off |
Metal Halide | Fully Shielded, with 80° cut-off |
Halogen | Fully Shielded, with 80° cut-off |
Mercury Vapor | Prohibited |
Fluorescent | Fully Shielded, with 80° cut-off |
Incandescent | Fully Shielded, with 80° cut-off |
Any light source 50 watts and under | Unshielded Permitted |
Low intensity Neon, Krypton or Argon Discharge Tubes | Unshielded Permitted |
D.
Illumination.
1.
Measurement.
Illumination levels of outdoor lighting shall be measured by a qualified professional according to generally accepted IESNA methods.
2.
Computation of illumination.
Illumination at a point may be computed in lieu of measurement. Computation methods shall consist of a generally accepted IESNA method, using certified photometric data furnished by the fixture manufacturer, lamp manufacturer, photometric laboratory, or other reliable authority satisfactory to the city. Computations shall be based on new, properly seasoned lamps, diffusers and other appurtenances in place, and with proper regard taken for mounting height, relative elevation, natural and man-made objects.
3.
Limitations on neighboring property.
The limit of illumination on neighboring property from one establishment shall be by zoning of the neighboring property. Maximum computed or measured footcandles at the neighboring property line shall not exceed:
 |
Land Use Type | Horizontal Footcandles |
|---|---|
Single-family and two-family residential districts. | 0.25 |
Non-residential districts | 2.25 |
Measurement: Illumination levels of outdoor lighting shall be measured by a qualified professional
E.
Non-residential lighting parameters.
1.
All non-essential lighting shall be turned off after business hours, leaving only necessary lighting for non-residential districts site security.
2.
Floodlights, accent, aesthetic and security lights must be fully shielded and no uplighting shall be permitted except that lighting of 75 watts or less are excepted if necessary for security purposes.
3.
Parking lots and vehicle movement areas shall not exceed a maximum illumination value of ten footcandles nor a minimum illumination value of 1.0 footcandles. Lamps in decorative lantern type fixtures shall not exceed a maximum of 100 watts. Total pole and fixture height shall not exceed a maximum of 32 feet, measured from grade at the base. Taller poles may be considered in some situations upon approval of a special exception by the zoning board of adjustments.
4.
Display, building and aesthetic lighting must be externally lit from the top and shine downward. The lighting must be fully-shielded to prevent direct glare and/or light trespass. The lighting must also be substantially contained to the target area.
5.
Limitations on establishment property.
The maximum outdoor initial computed or measured illuminance level on the establishment property shall not exceed 20 footcandles outdoors at any point, except that lighting under canopies (such as service stations) shall not exceed 40 footcandles.
F.
Public and semi-public recreational facilities.
1.
Any light source permitted by this section may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, or show areas, provided all of the following conditions are met:
2.
Any illumination level exceeding a maximum of 20 footcandles must receive prior approval by the zoning board of adjustments by means of a special exception.
3.
All fixtures used for event lighting shall be fully shielded, or be designed or provided with sharp cut-off capability, so as to minimize up-light, spill-light, and glare.
4.
All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented concluding before 11:00 p.m.
G.
Prohibited lighting elements.
Unless otherwise authorized, the following shall be prohibited except upon prior approval of a special exception by the zoning board of adjustments.
1.
Laser source light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited.
2.
Searchlights. The operation of searchlights for advertising purposes is prohibited.
3.
Floodlights. The use of floodlights is prohibited.
4.
Uplighting of display, building and aesthetic lighting is prohibited.
5.
Mercury vapor lights.
H.
Exemptions.
1.
All temporary emergency lighting needed by the police or fire departments or other emergency services, as well as all vehicular luminaries.
2.
All hazard warning luminaries required by Federal regulatory agencies are exempt from the requirements of this section, except that all luminaries used must be red and must be shown to be as close as possible to the Federally required minimum lumen output requirement for the specific task.
3.
Any luminary of 75 watts or less provided the accumulated illumination of 50 watt luminaries does not exceed 75 watts.
4.
Seasonal decorative lighting.
5.
Uplighting of any City of McLendon-Chisholm, State of Texas or United States of America Flag.
I.
Temporary exemptions.
1.
Upon approval by the mayor or his/her designee, temporary exemptions from the requirements of this article for a period not to exceed 30 days may be approved.
2.
Any person may submit a written request, on a form prepared by the city for a temporary exemption request. The request shall contain the following information:
(a)
Specific exemption(s) requested;
(b)
Type/use of outdoor lighting fixture involved;
(c)
Duration of time requested;
(d)
Type of lamp and calculated footcandles;
(e)
Total wattage of lamp(s);
(f)
Proposed location of fixtures;
(g)
Previous temporary exemption requests;
(h)
Physical side of fixtures and type of shielding provided; and
(i)
Such other data or information as may be required by the mayor or his/her designee.
(j)
Requests for renewal of exemptions shall be processed in the same way as the original request. Each renewal shall be valid for not more than 14 days or a time period designated by the mayor or his/her designee.
3.
Approval for temporary exemptions will be based on the effect of location and use of outdoor lighting fixture.
J.
Non-conforming lighting.
All luminaries lawfully in place prior to the date of the article shall be considered as having legal non-conforming status. However, any luminare that replaces a legal non-conforming luminare, or any legal non-conforming luminare that is moved, must meet the standards of this article.
(Ordinance 2008-06, sec. 1, adopted 5/27/08)
§ 6-13 Manufactured housing parks.
A.
Site requirements.
Any development redevelopment alteration, or expansion of a manufactured housing park in the city shall be done in compliance with the following site requirements:
1.
Location.
A manufactured housing park shall be located only where such use is permissible under the terms and provisions of the zoning ordinance.
2.
Site plan.
A site plan, shall be filed with the planning director of the city, showing the following:
(a)
The area and dimensions of the tract of land;
(b)
The number, location, and size of all manufactured housing spaces;
(c)
The location, width, and specifications of roadways and walkways;
(d)
The location and specifications of water and sewer lines and riser pipes;
(e)
The location and details of lighting and electrical systems;
(f)
The location and specifications of all buildings constructed or to be constructed within the park;
(g)
Such other information as municipal reviewing officials may reasonably require.
3.
Soil and ground cover.
Exposed ground surfaces in all parts of every manufactured housing park shall be paved, covered with stone screenings or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating dust.
4.
Drainage.
The ground surface in all parts of a park shall be graded and equipped to drain all surface water in a safe, efficient manner. The adequacy of drainage facilities shall be verified by a competent professional engineer.
5.
Lot area.
All mobile homes and/or HUD-code manufactured homes shall be so located that there shall be maintained a minimum of 30 feet between each unit and the adjoining unit, and seven and one-half feet to the property line. A minimum of 15 feet shall be maintained between any unit and an existing road right-of-way.
6.
Screening.
The manufactured housing park shall be screened from view of all adjacent residential areas by a fence of not less than eight feet in height. The frontage of the manufactured housing park shall be landscaped to provide a screening effect from the public roadway.
7.
Skirting.
Skirting or the underpinning of the unit shall be installed within 30 days of the application for a certificate of occupancy.
B.
Access and traffic circulation.
All manufactured housing parks shall provide access and means of motor vehicle and pedestrian traffic circulation as follows:
1.
Access.
Motor vehicle entrances and exits shall be designed for safe and convenient traffic movement from adjacent public streets and onto internal streets.
2.
Internal streets.
Internal streets shall be privately built and maintained, and shall be designed for safe and convenient access to all spaces and to facilities for common use of park residents.
(a)
All internal streets shall be constructed according to McLendon-Chisholm Construction Requirements and approved by the city’s engineer.
(b)
All internal streets shall be maintained in good repair.
(c)
On all internal streets, roads or driveways designed or intended to provide access to two or more spaces, there shall be 20 feet of pavement width unobstructed for vehicular access at all times.
(d)
In the event such streets, roads or driveways are intended to be used also for vehicle parking, a parallel parking space shall be deemed to have a minimum width of eight feet and no such parking space shall occupy or encroach upon the minimum unobstructed access herein above prescribed.
3.
Street specifications.
Internal streets shall be constructed following the specifications in City of McLendon-Chisholm Subdivision Regulations.
C.
Manufactured housing spaces.
The area of the manufactured housing space shall be improved to provide adequate support for the placement of the manufactured housing, thereby securing the superstructure against uplift sliding, rotation and overturning due to frost action, inadequate drainage, vibration or other forces acting on the structure. Each manufactured housing shall be secured with FHA/HUD approved anchor system to prevent overturning.
D.
Water supply.
1.
General requirements.
An accessible, adequate, safe and potable supply of water shall be provided by following the specifications in City of McLendon-Chisholm Ordinance No. 98-17[2007-11] (Subdivision Regulations) in each manufactured housing park with the following exceptions:
2.
Water distribution system.
(a)
The water supply system of the manufactured housing park shall be connected by pipes to all manufactured housing, buildings, and other facilities requiring water.
(b)
All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and local regulations and requirements and shall be approved by the building official.
(c)
The water piping system shall not be connected with non-potable or questionable water supplies and shall be protected against the hazards of back flow or back siphon.
3.
Individual water riser pipes and connections.
(a)
Individual water riser pipes shall be located within the confined area of the manufactured housing space at a point where the water connection will approximate a vertical position.
(b)
Water riser pipes shall extend at least four inches above ground elevation. The pipe shall be at least three-quarter inch. The water outlet shall be capped when a manufactured housing does not occupy the space.
(c)
Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes and to protect risers from heaving and thawing actions of ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipe.
E.
Sewage disposal.
1.
General requirements.
An adequate and safe sewerage system shall be provided, by following the specifications in City of McLendon-Chisholm Ordinance No. 98-17[2007-11] (Subdivision regulations) in all manufactured housing parks with the following exceptions.
2.
Sewer lines.
All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall be separated from the park water supply system at a safe distance. Sewers shall be at a grade, which will insure a velocity of two feet per second, when flowing full. All sewer lines shall be constructed of materials approved by the building official, shall be adequately vented, and shall have watertight joints.
3.
Individual sewer connections.
(a)
Each manufactured housing stand shall be provided with at least a four-inch diameter sewer riser pipe. Each sewer line shall be equipped with a two-way cleanout between the dwelling and the sewer drain. The sewer riser pipe shall be so located on each stand that the sewer connection to the manufactured housing drain outlet will approximate a vertical position.
(b)
The sewer connection shall have a nominal inside diameter of at least three inches, and the slope of any portion thereof shall be at least one-fourth inch per foot. The sewer connection shall consist of one pipe only without any branch fittings. All joints shall be watertight.
(c)
All materials used for sewer connections shall be semi-rigid, corrosion resistant nonabsorbent and durable. The inner surface shall be smooth.
(d)
The sewer riser pipe shall be plugged when a manufactured housing does not occupy the lot. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four inches above ground elevation.
F.
Electrical distribution system.
1.
General requirements.
Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with applicable codes and regulations governing such systems.
2.
Power distribution lines.
(a)
Main power lines located above ground shall be suspended at least 18 feet above ground level. There shall be a minimum horizontal clearance of three feet between overhead wiring and any manufactured housing, service building or other structure.
(b)
All direct burial conductors or cable shall be buried at least 18 inches below the ground surface and shall be insulated and designed for the purpose. Such conductors shall be located not less than one foot radial distance from water, sewer, gas, or communication lines.
3.
Individual electrical connections.
(a)
Each manufactured housing lot shall be provided with an approved disconnecting device and over-current protective equipment. The minimum service per outlet shall be 120/240 volts AC, 50 amperes.
(b)
Outlets (receptacles or pressure connectors) shall be housed in a weatherproof outlet box, and shall be located not more than 25 feet from the over-current protective device in the manufactured housing. A three-pole, four wire grounding type shall be used.
(c)
Receptacles, if provided, shall be in accordance with American Standard Outlet Receptacle C-73.1.
(d)
Connectors, if not substituted by more than one receptacle, shall be provided where the calculated load of the manufactured housing is more than 50 amperes.
(e)
The manufactured housing shall be connected to the outlet box by an approved type of flexible supply cord with a male attachment plug or with pressure connectors.
4.
Required grounding.
All exposed non-current carrying metal parts of manufactured housing and all other equipment shall be grounded by means of an approved grounding conductor with branch circuit conductors or other approved method of grounded metallic wiring. The neutral conductor shall not be used as an equipment ground for manufactured housing or other equipment.
G.
Service buildings and other community service facilities.
1.
General.
The requirements of this section shall apply to service buildings, recreation buildings and other community service facilities, such as management offices, maintenance and storage areas, and sanitary or laundry facilities.
2.
Required community sanitary facilities.
Every park shall be provided with emergency sanitary facilities consisting of not less than one flush toilet and one lavatory per sex which shall be accessible to all manufactured housing.
3.
Structural requirements for buildings.
(a)
Service buildings shall be protected from damage by ordinary uses and by decay, corrosion, termites, and other destructive elements. Exterior portions shall be of moisture and weatherproof materials and construction.
(b)
All rooms containing sanitary or laundry facilities shall:
* | Have sound resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, bathtubs, lavatories and other plumbing fixtures shall be constructed of dense, nonabsorbent waterproof material or covered with moisture resistant material. |
* | Have at least one window, which can be easily opened, or an adequate mechanical ventilation device. |
(c)
Toilets shall be located in separate compartments equipped with self-closing doors. Shower stalls shall be of the individual type. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open.
(d)
Hot and cold water shall be furnished to every lavatory, sink, bathtub, shower, and laundry fixture, and cold water shall be furnished to every toilet and urinal.
4.
Barbecue pits, fireplaces, stoves, open fires.
Cooking shelters, barbecue pits, fireplaces, and wood burning stoves shall be so located, constructed, maintained and used so as to minimize fire hazards and smoke nuisance. No open fire shall be permitted except in approved facilities. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors.
H.
Refuse handling.
1.
The storage, collection and disposal of refuse in the manufactured housing park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.
2.
All refuse shall be stored in flyproof, watertight rodent-proof containers, which shall be located not more than 300 feet from any space. Containers shall be provided in sufficient number and capacity to properly store all refuse.
3.
Refuse collection stands shall be provided for all refuse containers. Such container stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration, and to facilitate cleaning around them.
I.
Insect and rodent control.
1.
Grounds, buildings, and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform to the requirements of the city health department.
2.
Parks shall be maintained free of accumulations of debris, which may provide rodent harborage or breeding places for flies, mosquitoes, and other pests.
3.
The growth of brush, weeds, and grass shall be controlled to prevent harborage of noxious insects or other pests. Parks shall be so maintained as to prevent the growth of noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.
J.
Fuel supply and storage.
1.
Natural gas system.
(a)
Natural gas piping systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.
(b)
Each space provided with piped gas shall have an approved manual shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use.
2.
Liquefied petroleum-gas systems.
(a)
Liquefied petroleum gas systems shall be installed and maintained in accordance with applicable codes of the city governing such systems and regulations of the Texas Railroad Commission pertaining thereto.
(b)
Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.
(c)
Systems shall have at least one accessible means for shutting off gas. Such means shall be located outside the manufactured housing and shall be maintained in effective operating condition.
(d)
All LPG piping outside the manufactured housing shall be well supported and protected against mechanical injury. Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems in manufactured housing.
(e)
Liquefied petroleum gas containers installed on a space shall be securely but not permanently fastened to prevent accidental overturning. Such containers shall not be less than 12 nor more than 60 U.S. gallons gross capacity.
(f)
No liquefied petroleum gas vessel shall be stored or located inside or beneath any storage cabinet carport, manufactured housing, or any other structure, unless such installations are approved by the building official.
K.
Fire protection.
1.
Manufactured housing parks shall be kept free of lifter, rubbish, and other flammable materials.
2.
Portable fire extinguishers rated for classes B and C fires shall be kept in service buildings and shall be maintained in good operating condition. Their capacity shall not be less than five pounds.
L.
Miscellaneous requirements.
1.
Responsibilities of the park management.
(a)
The licensee or his agent shall operate the park in compliance with this and other applicable ordinances and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
(b)
The licensee or agent shall notify park occupants of all applicable provisions of this article and inform them of their duties and responsibilities under this article.
(c)
The licensee or agent shall supervise the placement of each manufactured housing on its manufactured housing stand and the installation of all utility connections.
(d)
The licensee or agent shall maintain a register of park occupancy, which shall contain the following information:
* | Name and address of park residents. |
* | Manufactured housing registration data, including make length, width, and year of manufacture and identification number. |
* | Location of each manufactured housing within the park by space or lot number. |
* | Dates of arrival and departure. |
2.
A new register shall be initiated on January 1 each year, and the old register may thereafter be retired but shall be retained on the premises for at least three years following its retirement. Registers shall be available for inspection at all reasonable times by any official of the City of McLendon-Chisholm whose duties may necessitate access to the information contained therein.
3.
The licensee or agent shall furnish to the Assessor and Collector of Taxes for the City of McLendon-Chisholm, within ten days after the first day of January of each year, a list of all manufactured housing residents in the park on the first day of January, showing the owner’s name and address, the make, length, width, year of manufacture and identification number of the manufactured housing, and the address or location description of said manufactured housing within the park. Said lists shall be prepared using forms provided by the assessor and collector of taxes of the city.
4.
Each space shall be clearly marked such that the address may be discerned for the street.
M.
Responsibilities of park occupants.
1.
The park occupant shall comply with all requirements of this article and shall maintain his manufactured housing space, its facilities and equipment in good repair and in a clean and sanitary condition.
2.
The park occupant shall be responsible for proper placement of his manufactured housing on its manufactured housing stand and proper installation of all utility connections in accordance with the instructions of the park management.
3.
Skirting, porches, awnings, and other additions, shall be maintained in good repair. The use of space immediately underneath a manufactured housing for storage shall be permitted only under the following conditions:
* | The storage area shall have a base of impervious material. |
* | Stored items shall not interfere with the underneath inspection of the manufactured housing. |
* | The storage area shall be enclosed by skirting. |
(Ordinance 2008-06, sec. 1, adopted 5/27/08)
§ 6-14 Cargo container regulations.
A.
Purpose.
It is recognized that uncontrolled storage and placement of cargo containers may detract from the value adjacent property, discourage commerce, and negatively impact the aesthetic quality of non-residential property and adjacent residential property. The purpose of this section is to provide for regulations that protect the value of property and enhance the appearance, health, safety, and welfare of the city.
B.
General regulations.
1.
Cargo containers in residential districts may be permitted for a period of 30 days. The 30-day period may be extended for an additional 30 days upon approval of a special exception.
2.
Cargo containers located in the GB and LI zoning districts must be located in an area designated for storage use.
3.
Only one cargo container shall be permitted on any site in the residentially zoned districts.
4.
Cargo containers located in all zoning districts shall be located on an all weather, dust free surface.
5.
Cargo containers located in the residentially zoned districts shall not exceed 16 feet in length, eight feet in width, and eight-and-one-half feet in height.
6.
Cargo containers shall be permitted in the NC, CP, O1, and O2 Zoning Districts by specific use permit only and shall not exceed two cargo containers on any site at any time. All other applicable regulations contained herein shall apply.
7.
Cargo containers shall not be stacked in any zoning district.
8.
Cargo containers shall not occupy any required off-street parking spaces, vehicular access, pedestrian facilities or landscape areas for the site.
9.
Cargo containers shall not be located between a building and front property line.
10.
Cargo containers shall be placed in a location that minimizes visual impact from surrounding streets and properties. For any site containing more than four cargo containers, a location plan shall be submitted and approved by the mayor or his designee prior to locating the cargo containers on site. At such time all cargo containers shall be subject to the location plan.
11.
Any cargo container located within 100 feet of a residential zoning district shall be no greater in size than ten (8)[10] feet in width, twenty (16)[20] feet in depth, and eight-and-one-half feet in height. And no cargo container may be stacked within 100 feet of a residential district.
12.
Cargo container shall not be used for a primary use without obtaining a special use permit. Such special use permit shall be accompanied with a detailed site plan of the entire site and must be approved by the city council upon recommendation by the planning and zoning commission.
13.
Cargo containers shall be placed upon a dust-free, all weather surface as approved by the mayor or his designee.
14.
Cargo containers located in any non-residential zoning district shall not exceed a size of ten feet in height, ten feet in width, and 30 feet in length, unless approved by the city council upon recommendation of the planning and zoning commission.
15.
Areas utilized by cargo containers shall be included in the square foot requirement as a storage use and shall be applicable to the required parking calculations as set forth in section 6-7, Off-street parking and loading requirements.
16.
The quantity of cargo containers located in the C2 and I Zoning Districts, shall be determined by the total aggregate square foot of principal buildings according to the following rate:
0 to 35,000 sq. ft of principle building | = | one cargo container |
35,001 sq. ft.–70,000 sq. ft. | = | two cargo containers |
70,001 sq. ft.–105,000 sq. ft. | = | three cargo containers |
105,001 sq. ft.–140,000 sq. ft. | = | four cargo containers |
140,001 sq. ft.–175,000 sq. ft. | = | five cargo containers |
175,501 sq. ft.–210,000 [sq. ft.] | = | six cargo containers |
over 210,100 sq. ft. | = | amount upon approval by the city council |
17.
Cargo containers located within the I Zoning District may exceed the above listed quantities upon approval of a special exception and a detailed site plan showing the proposed location and quantity of cargo containers.
(Ordinance 2008-06, sec. 1, adopted 5/27/08)
§ 6-15 Fence regulations.
A.
Generally.
No fence, wall, or outdoor area enclosure structure may be erected, placed, or altered within the town unless the fence, wall, or outdoor area enclosure is in conformance with the provisions of this section.
B.
Definitions.
For the purposes of this section, the following definitions shall apply:
1.
Alternate orientation.
Created when a structure located on a corner lot is constructed to face the street frontage not normally associated to be the front of the lot.
2.
Approved fence materials.
Wood, pipe, barbed wire, masonry, chain link, wrought iron, welded wire, plaster, plastic vinyl post and rail.
3.
Corner lot.
A lot, tract, or parcel which abuts two streets at their intersection, with the longer street frontage being the side of the lot.
4.
Corner orientation.
Created when a structure located on a corner lot is constructed to face the intersection, diagonally across a lot, rather than a traditional orientation toward one of the intersecting streets. In cases of corner orientation, both sides of the lot along the street frontages are to be treated as front yards.
5.
Decorative fence.
A fence or outdoor area enclosure constructed for aesthetic purposes only constructed of material such as wood pickets, lattice work, decorative metal, masonry or stone, meeting the requirements of this section.
6.
Electrical fence.
An outdoor area enclosure that contains an electrically charged or partially charged metallic material designed to discourage crossing by either man or animal.
7.
Fence.
An outdoor area enclosure of masonry, wood, chain link, plaster, or other approved building material no more than three inches in thickness, serving to enclose, divide, or protect an area.
8.
Front building setback.
Minimum required front yard setback as specified under McLendon-Chisholm Residential Regulations.
9.
Key lot.
An interior lot, tract, or parcel which sides to the rear of one or more lots, tracts, or parcels.
10.
Nonresidentially zoned areas.
Any land within the city zoned for nonresidential uses: NC, GB, CP, O1, O2 or L1.
11.
Office, business, or industrial park/complex enclosure (including entry features).
A wall of masonry or a combination of masonry and pressure-treated timber, plaster, iron, or other approved building material serving to enclose or protect an office, business, or industrial park/complex.
12.
Outdoor area enclosure.
Any fence, wall, or structure of various materials designed to serve as an enclosure of an outdoor area, a barrier or boundary, or to otherwise divide or protect an area.
13.
Privacy/security enclosures.
Fences, walls, or structures located on individual lots, tracts, or parcels for the purpose of enclosing an outdoor area for privacy or security purposes.
14.
Residential subdivision enclosures (including subdivision entry features).
A wall of masonry or a combination of masonry and pressure-treated timber, plaster, iron or other building material as approved by the city serving to enclose, divide, or protect a residential subdivision.
15.
Residentially zoned areas.
Any land within the city zoned for residential uses: SF1.5, SF2.5, SF5, MH and PD.
16.
Wall.
An outdoor area enclosure of masonry, wood, plaster or other approved building material that exceeds three inches in thickness, serving to enclose, divide, or protect an area.
17.
Visibility triangle.
An area as defined in the subdivision ordinance of the city, located at the intersection of two streets, access easements or alleys or any combination thereof where no structure, growth, or object shall exceed two feet in height.
C.
Residential uses.
In residentially zoned districts, fences, walls, and outdoor area enclosure structures may be erected if in accordance with the following regulations:
1.
Privacy/security enclosures.
(a)
Privacy/security enclosures may be fences or walls.
(b)
Privacy/security enclosures shall not exceed eight feet in height.
(c)
Privacy/security enclosures may be erected upon the rear lot line of any lot.
(d)
Privacy/security enclosures may be erected upon the side lot lines of any interior lot.
(e)
Private/security enclosures can be no closer than 75 feet from front lot line.
2.
Decorative fences.
(a)
Decorative fences shall not be walls.
(b)
Maximum height of decorative fences shall not exceed six feet.
(c)
Solid surface area of any decorative fence shall not exceed 30 percent of the total surface area.
(d)
Decorative fences may be erected upon any residential lot line; however, no decorative fence may encroach upon any right-of-way, drainage or access easement, or floodway.
(e)
Decorative fences may be allowed within the visibility triangle with a maximum height of two feet.
(f)
Decorative fences shall be constructed of approved materials.
3.
Residential subdivision enclosures, including subdivision entry features.
(a)
All residential subdivision enclosures shall be walls or a combination of decorative fences as approved by the city staff.
(b)
All residential subdivision enclosures shall be constructed with minimum ten-inch by 20-inch brick columns set on piers with a maximum spacing of ten feet on center. Infill material between brick columns shall be brick, pressure-treated lumber, plaster, iron, or other material as approved by the city.
(c)
Maximum height of subdivision enclosures shall not exceed eight feet.
(d)
Walls enclosing residential subdivisions may be erected along rear property lines and along the side property lines exceeding the required front yard setback, provided that such encroaching structure does not exceed the required two-foot maximum height limit within the visibility triangle, and the enclosure does not encroach upon any right-of-way, drainage or utility easements, or floodway.
(e)
Plans for all residential subdivision enclosures shall be reviewed and approved by the city staff.
D.
Nonresidential uses.
In nonresidential zoning districts, fences, walls, and outdoor area enclosures may be erected if in accordance with the following regulations:
1.
Privacy/security enclosures.
(a)
Privacy/security enclosures may be fences or walls.
(b)
Maximum height of privacy/security enclosures shall not exceed eight feet.
(c)
Privacy/security enclosures may be erected on the rear lot line of any lot, tract, or parcel.
(d)
Privacy/security enclosures may be erected upon the side lot line of any lot, tract, or parcel provided that no fence may be erected to extend into the required front building setback without specific city staff approval.
(e)
No privacy/security enclosure may be erected to encroach upon any visibility triangle, right-of-way, access or drainage easements or floodway.
2.
Decorative fences.
(a)
Decorative fence shall not be walls.
(b)
Maximum height of decorative fences shall not exceed six feet.
(c)
Solid surface area of any decorative fence shall not exceed 30 percent of the total surface area.
(d)
Decorative fences may be erected upon any nonresidential lot line; however, no decorative fence may encroach upon any right-of-way, drainage or access easements, or floodway.
(e)
Decorative fences may be allowed within the visibility triangle with a maximum height of two feet.
(f)
Decorative fences shall be constructed of approved material.
3.
Office, business, or industrial park or complex enclosure, including entry features.
(a)
Maximum height of all enclosures shall be eight feet.
(b)
Walls enclosing nonresidential developments may be erected along rear property lines.
(c)
Walls enclosing nonresidential developments may be erected upon rear property lines and along the front and side property lines to extend into the required front yard setback; provided that such encroaching structure does not exceed the required two-foot maximum height limit within the visibility triangle, and the enclosure does not encroach upon any right-of-way, drainage or utility easements, or floodway.
(d)
Plans for park or complex enclosures shall be reviewed and approved by the city staff.
E.
Miscellaneous uses.
The following regulations shall apply to zoning districts of the city as applicable:
1.
Screening.
Live screening using natural growth or planted vegetation shall be allowed within the city under the following provisions:
(a)
No tree, shrub, hedge, or other vegetation shall be so planted, pruned or otherwise maintained to exceed a height of two feet within the defined visibility triangle or street right-of-way.
(b)
Any tree, shrub, hedge, or other form of vegetation located within the public right-of-way, utility easement, or visibility triangle shall be subject to removal (without compensation) by the authority of the city for the purpose of utility maintenance and public safety.
3.
Electrical fences.
Except as provided below, the use of electrical fencing is prohibited within the city:
F.
Permits required.
Prior to construction of any outdoor area enclosure, a permit shall be obtained from the city. Upon approval of the application by the city staff and payment of the permit fee, a permit shall be issued for construction. If the permit holder fails to comply with the provisions of this section, the permit shall be revoked, the fence will be considered a nuisance per se, and must be immediately removed.
G.
Permit not required.
Where fences to be erected are associated with new residential permit, new pool permit, or in SF2.5, SF5, and AG zoning districts. Where an existing fence is being repaired or where fences are erected within an existing fence.
H.
Enclosures.
In planned developments shall be addressed by the developer.
(Ordinance 2008-06, sec. 1, adopted 5/27/08)