Moody City Zoning Code
ARTICLE 4
Supplementary Regulations
§ 23 Site Plan Requirements.
23.1
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. 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 within five working days after the review by the City staff. In no event shall the review process exceed 15 working days after submittal. 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.
23.2
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.
23.3
CHANGES TO THE SITE PLAN
Changes to the site plan shall be processed in the same manner as the original approved site plan.
A.
Except as otherwise provided in paragraph C below, any site plan that is amended shall require approval of the City Council.
B.
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.
C.
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 administrative official or his/her designee. An aggrieved party may appeal the decision of the administrative official or his/her designee to the Zoning Board of Adjustment in accordance with the provisions of this ordinance.
23.4
COUNCIL APPROVAL
Council approval of a site plan that accompanies a zoning change request shall become part of the amending ordinance.
23.5
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.
A.
The boundary lines and dimensions of the property, existing subdivision lots, available utilities, easements, roadways, sidewalks, emergency access easements, and public rights-of-way.
B.
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.
C.
Floodplains, watercourses, marshes, drainage areas, and other significant environmental features including, but not limited to, rock outcroppings and major tree groupings. Topographic and drainage map information provisions may be waived by the reviewing body when the inclusion of such data would not materially contribute to the necessary evaluation of the project petition.
D.
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.
E.
Total number, location, and arrangement of off-street parking and loading spaces, where required.
F.
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.
G.
Setbacks, lot coverage, and when relevant, the relationship of the setbacks provided and the height of any existing or proposed building or structure.
H.
The location, size, and arrangement of all outdoor signs, exterior auditory speakers, and lighting.
I.
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.
J.
If multiple types of land uses are proposed, a delineation of the specific areas to be devoted to various land uses.
K.
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.
L.
Current land uses and zoning district of the property and current land uses and zoning districts of contiguous properties.
M.
Buildings on the exterior of the site and within twenty-five feet of all property lines.
N.
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.
O.
The number of square feet of the property after construction which will constitute impervious area or impervious surface and vegetated areas.
P.
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.
Q.
Legal description of the total site area proposed for rezoning, development or specific use permit.
R.
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.
(Ordinance 12012009 adopted 12/1/09)
§ 24 Specific Use Permits.
24.1
PURPOSE
Certain land uses, because of their nature and location, are not appropriate for categorizing into installations, such as colleges and universities, 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 City Council that such a special use is compatible with adjacent property use and consistent with the character of the neighborhood.
24.2
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.
24.3
APPLICATION PROCEDURE
An application for a special permit shall be filed with the administrative official on a form prepared by the City. The application shall be accompanied by the following:
A.
A completed application form signed by the property owner;
B.
An application fee as established by the City’s latest adopted schedule of fees;
C.
A certificate stating that all City and school taxes have been paid to date;
D.
A property description of the area where the specific use permit is proposed to apply;
E.
A site plan complying with the requirements stated in this section which will become a part of the specific use permit, if approved; and
F.
Any other material and/or information as may be required by the City Council or the administrative official to the purpose of this subsection and to ensure that the application is in compliance with the ordinances of the City.
24.4
SITE PLAN INFORMATION
A site plan shall contain, at a minimum the following information, as provided in Section 24 [23] Site Plan Requirements:
24.5
ADDITIONAL INFORMATION
The following additional information may also be required if deemed appropriate by staff or the City Council.
A.
Copies of studies or analyses upon which have been based projections for need or demand for the proposed facility.
B.
Description of the present use, assessed value and actual value of the land affected by the proposed facility.
C.
Description of the proposed use, anticipated assessed value and supporting documentation.
D.
A description of any long-term plans or master plan for the future use or development of the property.
E.
A description of the applicant’s ability to obtain needed easements to serve the proposed use.
F.
A description of any special construction requirements that may be necessary for any construction or development on the subject property.
G.
A traffic impact analysis prepared by a qualified professional in the field of traffic evaluation and forecasting may be required.
24.6
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.
24.7
CONDITIONS OF PERMIT APPROVAL
A specific use permit shall not be recommended for approval by the City Council unless the Council finds that all of the following conditions have been found to exist:
A.
The proposed use complies with all the requirements of the zoning district in which the property is located.
B.
The proposed use as located and configured will contribute to or promote the general welfare and convenience of the City.
C.
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.
D.
Adequate utilities, road access, drainage and other necessary supporting facilities have been or shall be provided.
E.
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.
F.
The issuance of the specific use permit does not impede the normal and orderly development and improvement of neighboring vacant property.
G.
The location, nature and height of buildings, structures, walls and fences are not out of scale with the neighborhood.
H.
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.
I.
Adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration and visual blight.
J.
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 affect neighboring properties.
K.
There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties.
L.
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.
M.
The proposed use is in accordance with the City of Moody Comprehensive Land Use Plan.
24.8
ADDITIONAL CONDITIONS
In authorizing a Specific Use Permit, the City Council may impose additional reasonable conditions necessary to protect the public interest and the welfare of the community.
24.9
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.
24.11
AMENDMENTS TO SPECIFIC USE PERMIT
The procedure for amending a Specific Use Permit shall be the same as for a new application, provided the administrative official may approve minor variations from the original permit which do not increase density, change traffic patterns, or result in an increase in external impacts on adjacent properties or neighborhoods.
(Ordinance 12012009 adopted 12/1/09)
§ 25 General Height Requirements.
25.1
NONRESIDENTIAL STRUCTURES
A nonresidential building may exceed the permitted height in a zoning district if the following conditions are met:
A.
A Site Plan is provided; and
B.
For every one foot exceeding the maximum permitted height, an additional one foot of setback is provided on the front, side, and rear yards. The maximum height of a building shall not exceed 50 feet without a special exception. See Section 40.7 [36.7], Authorized Special Exceptions.
25.2
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.
(Ordinance 12012009 adopted 12/1/09)
§ 26 General Yard Requirements.
The following general requirements provide additional criteria which apply to yard requirements in all zoning districts.
26.2
CARPORTS
A porte-cochere, carport or canopy may project into a required side yard, provided every part of such porte-cochere, carport or canopy is unenclosed except for necessary structural supports.
26.3
GASOLINE FACILITIES
Gasoline filling station pumps and pump islands may be located or project into a required yard provided they are not less than 15 feet distant from any street, highway or alley right-of-way line, and not less than 50 feet distant from any residential property line.
26.4
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.
26.5
SHARED YARDS PROHIBITED
No part of a yard or other open space required about or in connection with any building for the purpose of complying with this ordinance shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
26.6
CORNER LOTS
For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated in the appropriate zoning district area regulations.
26.7
TWO OR MORE ZONING DISTRICTS
Where the frontage on one side of the street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage from one intersecting street to the other.
26.8
ESTABLISHED BUILDING LINE
Where a building line has been established by plat or previous ordinance, and the line requires a front yard setback greater or lesser in depth than is prescribed by this ordinance for the district in which the building line is located, the required front yard shall comply with the building line established by the previous ordinance or plat.
26.9
MEASUREMENT
The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace, or attached accessory building. Eave and roof extensions may project into the required front yard for a distance not to exceed twenty-four inches.
(Ordinance 12012009 adopted 12/1/09)
§ 27 Accessory Buildings.
27.1
GENERAL PURPOSE AND DESCRIPTION
An accessory building is a subordinate building detached from the main building, without sleeping areas or kitchen facilities not used for commercial purposes, not rented, and not occupied for human habitation, except as otherwise allowed by City ordinance. No accessory building shall be constructed until a main building exists on the lot.
27.2
ACCESSORY BUILDING REGULATIONS
The following regulations shall govern the location, size and use of any accessory buildings, except for barns and farm buildings used for agricultural uses as defined in [Section 43]:
A.
Maximum height: A single story with a maximum height of 12 feet measured from the average grade at a point three feet out from the slab to the lowest point of overhang on the roof.
B.
No accessory building shall be erected in any required yard area except for residential garages and carports as allowed in paragraphs C, D, and E below.
C.
No accessory building shall be erected within ten feet of any other building, except detached residential garages may be located within five feet of the main dwelling; and the provisions of paragraph E below are met.
D.
No detached residential garage or carport shall be erected or placed closer to any street than the minimum yard requirements (building setback line) governing the district in which such garage or carport is located.
E.
No detached residential garage or carport shall be erected or placed within five feet from any side lot line, nor in a dedicated easement.
F.
Portable or storage buildings shall be not larger than 320 square feet of floor area, and a maximum height of 12 feet, and shall be metal, wood, stone, or masonry constructed; but shall not be of a metal commercial “kit” construction. A portable building less than 168 square feet may be of metal commercial “kit” construction and must be properly secured to prevent overturning with a method acceptable to the building official. No building may be located closer than five feet from any side or rear property line, nor closer than five feet from a principal building, nor in a dedicated easement.
G.
No accessory building shall be used for dwelling purposes other than by domestic servants employed on the premises, as stipulated in Section 11 [12], Permitted Use Table.
H.
Residential greenhouses for domestic use shall conform with the requirements of paragraph 5 [sic] of this subsection; however, such greenhouses shall not exceed a total aggregate floor area of 500 square feet.
(Ordinance 12012009 adopted 12/1/09)
§ 28 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.
28.1
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:
A.
Only the members of the immediate family occupying the dwelling shall be engaged in the home occupations.
B.
The home occupation shall be conducted only within the enclosed area of the dwelling unit or the garage.
C.
There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation.
D.
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.
E.
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.
F.
The home occupation shall not create greater vehicular traffic than normal for the district.
G.
No signs of any kind shall be allowed on premises advertising a home occupation or service.
(Ordinance 12012009 adopted 12/1/09)
§ 29 Temporary Uses and Special Events.
29.1
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.
29.2
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:
A.
Construction Office - Temporary field or construction offices and temporary building material storage areas to be used solely for on-premise 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 administrative official. 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 (6) 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.
B.
Temporary outdoor sales on properties zoned “GC,” “GC,” [sic] and “I” by the existing occupants of existing businesses of such properties, 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.
a.
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.
b.
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.
c.
The temporary outdoor sale of Christmas trees may be permitted on those properties zoned “GC,” “GC,” [sic] and “I” for a period of 40 days prior to Christmas Day. The administrative official may issue a permit 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.
d.
Carnivals and circuses may be allowed as a temporary use for a period not exceeding fourteen consecutive days. Such events shall be on a site in the “GC,” “GC,” [sic] and “I” zoning districts. Adequate parking and sanitary facilities shall be made available to satisfaction of the building official. No carnival or circus shall begin operation before 8.00 A.M. and the operation shall cease before 11.00 P.M. on all nights except on Saturday when the event shall cease operation at midnight. The administrative official 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 administrative official’s decision, the sponsor may appeal the requested use to the City Council.
29.3
PERMITTED SPECIAL EVENTS
For the purpose of this section, “Special Events” are defined as any activity or event meeting the following criteria:
A.
The event of [or] activity is carried on for a period of time not exceeding three consecutive days;
B.
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;
C.
Public assemblies carried on out-of-doors or in temporary shelters or tents.
29.4
CONTENTS OF APPLICATION
An application for approval of a temporary use or special event shall include the following information:
A.
Brief description of the event,
B.
Exact location,
C.
Expected attendance,
D.
Anticipated number of automobiles and proposed methods of providing parking for the same,
E.
Location and construction of any temporary signs to be used in connection with the event,
F.
Exact dates of commencement and termination of the event,
G.
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.
H.
A fee in accordance with the City of Moody fee schedule.
29.5
APPROVAL BY THE CITY COUNCIL
Approval of a permit for a temporary use or special event must be approved by the City Council.
(Ordinance 12012009 adopted 12/1/09)
§ 30 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.
30.1
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 | |
Duplex | 2 / unit | None |
Townhouse, Condominium, Duplex, Triplex, Quadruplex or Row | 3 / unit | None |
Multifamily | 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 for designed occupancy | None |
Fraternity, Sorority, or Lodge | 1 / 125 sq. ft. | None |
Institutional | ||
Community Center | 1 / 4 persons | None |
Schools: Elementary Junior High Senior High Trade | 1 / 25 students 1 / 18 students 1 / 5 students 1 / 4 students | None |
Public Assembly Hall | 1 / 3 seats | None |
College or University | 1 / 4 day students | None |
Church | 1 / 3 seats in the sanctuary or auditorium | None |
Day Care or Day Nursery | 1/ 5 pupils | None |
Hospital | 1.5 / bed | None |
Mortuary or Funeral Home | 1 / 4 seats in chapel | None |
Recreational | ||
Theater | 1/ 4 seats | None |
Bowling Alley | 4 / lane | None |
Pool Hall, Arcade, Other Indoor Commercial Amusement | 1 / 100 sq. ft. of floor area | None |
Outdoor Commercial Amusement | 1 / 500 sq. ft. of site area exclusive of building | None |
Ballpark or Stadium | 1/ 4 seats | None |
Lodge or Fraternal Organization | 1 / 125 sq. ft. of floor area | None |
Driving Range | 1 /10 linear ft. of designated tee area | None |
Miniature Golf | 1 / tee | None |
[Business Services] | ||
Personal Service Shop | 1 / 250 sq. ft. of floor area up to 5000 sq. ft., then 1 / 200 sq. ft. | None |
Indoor Retail Store or Shop | 1 / 250 sq. ft. of floor area up to 5000 sq. ft., then 1 / 200 sq. ft. | None |
Outdoor Retail Sales | 1 / 500 sq. ft. of site area, exclusive of building | None |
Furniture, Appliance Sales or Repair | 1 / 600 sq. ft. of floor area | None |
Coin-Operated or Self-Service Laundry or Dry Cleaner | 1 / 200 sq. ft. of floor area | 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 |
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 |
Business Services | ||
Bank and Savings & Loan or Other Similar Institution | 1 / 300 sq. ft. of floor area | None |
Medical, Dental Clinic or Office | 1 / 150 sq ft. of floor area | None |
Veterinary Clinic | 1 / 300 sq. ft. of floor area | None |
Other Office or Professional Business | 1 / 250 sq. ft. of floor area | None |
Automotive & Equipment | ||
Service Station | Minimum of 6 | None |
Auto Repair Garage or Shop | 1 / 350 sq. ft. of floor area | None |
Auto Repair Accessory Sales | 1 / 300 sq. ft. of floor area | None |
Vehicle or Machinery Sales (indoors) | 1 / 500 sq. ft. of floor area | None |
Carwash (full-serve) | 3 stacking spaces / wash bay | None |
Carwash (self-serve or automatic) | 3 stacking spaces / wash bay | None |
[Storage or Manufacturing] | ||
Brick or Lumber Yard | 1 / 3 employees or 1 / 1,000 sq. ft. of floor area (whichever results in more spaces) | |
Manufacturing or Warehousing | 1 / 3 employees or 1 / 1,000 sq. ft. of floor area (whichever results in more spaces) | |
Outside Storage | 1 / 5,000 sq. ft. of floor area | None |
Mini-warehouse | 1 / 3,000 sq. ft. of floor area | None |
Credit for reduced spaces may be obtained by providing landscaping in parking lots, see Section 35.8.G [sic]
30.2
OFF-STREET LOADING REQUIREMENTS
A.
In the following cases 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 to facilitate the movement of traffic on the public streets:
B.
Individual loading space dimensions shall be required as a minimum to be thirty-five feet (35') in length, twelve feet (12') width with a height clearance of fifteen feet (15').
C.
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 |
D.
Mixed Use Buildings: Where a building or a site contains two (2) 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.
E.
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 nonresidential, 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 twenty-four (24) feet in width. Parking spaces shall be nine (9) feet wide by eighteen (18) feet deep for all ninety (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 |
F.
On-Premise 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 three hundred feet (300') from such premises.
G.
Surface: The surface of parking spaces and aisles, truck standing spaces, and access driveways therefor shall be treated, prepared and maintained for adequate drainage and the elimination of dust, dirt, and mud, according to City specifications.
H.
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 provided. Said reduction shall not represent more than fifteen percent (15%) of the total required spaces and shall require a special exception from the Zoning Board of Adjustment.
I.
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 Inspector.
30.3
RESIDENTIAL OFF-STREET PARKING
A.
Purpose: It is recognized that uncontrolled residential off-street parking, specifically in residential front yards, is a public nuisance. The purpose of this subsection is to provide for the regulation of residential off-street parking and to specify the requirements for residential off-street parking as they pertain to the appearance and the health, safety, and welfare of the City.
B.
Surface: Driveways may be constructed of concrete, asphalt, or crushed rock. The driveway and parking surface must be clearly delineated from the yard area.
C.
Restrictions: It shall be illegal for any person to park or to allow to be parked on any property under his control any automobile, bus, truck, motorcycle, boat or recreational vehicle on any portion of a front yard or side yard of any area which is zoned R8, Single-Family Residential or R1, Single-Family Residential under the Comprehensive Zoning Ordinance or in any Commercial or Industrial Zone Area being used for residential purposes, unless:
D.
Drive Width: A driveway for access to any single parking space or to a parking lot shall not be less than twenty feet (20') in width, nor more than thirty feet (30') in width, at the property line along the street
E.
Legal Holidays: These restrictions do not apply to residential parking on recognized legal holidays. Off-street parking on private property on the eve and day of any recognized legal holiday is permitted.
30.4
SPECIAL EVENTS AND OTHER ONE-TIME EVENTS
“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.
A.
The persons or entities conducting any such special event shall submit to the administrative official at least forty-five (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 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.
B.
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.
C.
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.
D.
Upon submittal of the required parking plan to the City, the administrative official shall review it and shall advise the applicants whether any changes or modifications to said plan will be required. The administrative official 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 City Council has issued a written approval of the parking plan of the special event.
E.
Such written permission may be revoked at any time by the City Council if it is found that false or misleading information was contained in the proposed parking plan.
(Ordinance 12012009 adopted 12/1/09)
§ 31 Sign Regulations.
31.1
PURPOSE
The regulations established in this section are intended to provide minimum standards to safeguard life, property, and public welfare [by] regulating and controlling the use, materials, construction, location, number, maintenance and the permitting of certain signs and sign structures. In addition, the ordinance is intended to enhance the beauty of the City by limiting visual clutter. The provisions of this section are not intended to permit a violation of any provision of any other ordinance or federal or state law.
31.2
DEFINITIONS
See Section 48.3 [43.3] for signage definitions.
31.3
GENERAL STANDARDS
A.
The standards and regulations specified in this Section shall apply to all signs displayed in the City of Moody and its extraterritorial jurisdiction.
B.
Height of signs: Sign height shall be measured from ground level at the base of the sign to the highest part of the sign.
C.
Building and electrical codes applicable: All signs must conform to the regulations and design standards of the Building Code and other ordinances of the City. Wiring of all electrical signs must conform to the electric code of the City.
D.
Illumination of signs: Signs shall be designed, located, shielded, and directed to prevent the casting of glare or direct light from artificial illumination upon adjacent public right-of-way and surrounding property.
E.
Requirement to repair: Whenever a sign is damaged by wind, is inadequately maintained, is of faulty construction, or is damaged by any other cause, it shall be considered a public nuisance and the owner shall be required to repair such sign substantially to its original condition as determined by the designated official, or at the owner’s election such sign shall be removed. A sign which has been permitted to remain in place as a nonconforming use shall be removed when the sign, or a substantial part of it, is blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations or for changing the letters, symbols, or other material on the sign. For purposes of this ordinance, a sign or a substantial part of it is considered to have been destroyed if the cost of repairing the sign is more than 60% of the cost of erecting a new sign of the same type at the same location.
F.
Placement of signs: No sign may be erected or placed on public right-of-way. Any signs so erected or placed may be removed by the designated official without notice. No sign may be erected or placed on vacant lots or tracts unless written permission has been given by the property owner and such documentation is provided to the designated official upon the official’s request.
G.
Sight triangle: No permanent or temporary sign shall be located to block the visibility in the required sight triangle as defined above.
H.
Noncommercial messages: Any sign authorized in this ordinance is allowed to contain a noncommercial message in place of any other authorized message.
I.
Off-premise signs: Off-premise signs shall be prohibited in the City of Moody, with the exception of builders’ directional signs or instructional signs, when written permission has been given by the property owner and such documentation is provided to the designated official upon the official’s request.
J.
Painted signs: No sign shall be permitted which is painted on the wall of any building or on any part of a building.
31.4
SCHEDULE FOR PERMANENT SIGNS
No permanent sign shall be erected, placed, displayed or located except in accordance with Table 1, Schedule for Permanent Signs.
Schedule of Permanent Signs | |||||||
|---|---|---|---|---|---|---|---|
Sign Type | Permitted District | Permit Required? | Maximum Area (sq. ft.) | Height of Sign | Number of Signs | Setback | Spacing of Signs |
Wall | All Non-residentia l uses and zoning | Yes | 25% of wall facing the street | Attached to structure and not to exceed the roof line | One sign for each business or tenant, for each street frontage. | – | – |
Pole & Pylon | All Nonresidentia l uses and zoning districts | Yes | 200 sq. ft. in “GC” 300 sq. ft. in “HC” | 30' All other locations 10' from bottom of sign to ground | One sign for each premises, or for each street frontage | 10' (any portion of the sign) | 100' separation from adjacent ground sign on each premises. Minimum of 50' on adjacent premises |
Monument | All Non-residential uses and zoning districts | Yes | 100 sq. ft. in Res. districts & “GC”; | 8 feet | One sign for each premises, or for each street frontage | 10' (any portion of the sign) | No restrictions |
200 sq. ft. in all other Non-residential dist. | 12 feet | ||||||
Canopy, Marquee, or Projection | All Non-residential uses and zoning districts | Yes | 50% of Canopy, Marquee, or Projection sign | Shall not exceed the height of the main structure | One sign for each main structure, or tenant for each street frontage | – | – |
Window | All Non-residential uses and zoning districts | No | No restrictions | – | – | – | – |
Nameplate & Mailbox | All Non-residential uses and zoning districts | No | 5 sq. ft. in Residential & “GC” 10 sq. ft. in all other Nonresidential dist. | – | One sign for each business, or tenant lot for each street frontage | – | – |
Roof | All Non-residential uses and zoning districts | Yes | 200 sq. ft. | 10' from top of roof, not to exceed a total distance of 40' from ground | One sign for each main structure | – | – |
31.5
SCHEDULE FOR TEMPORARY SIGNS
No temporary sign shall be erected, placed, displayed, or located except in accordance with Table 2, Schedule for Temporary Signs.
Schedule of Permanent Signs | |||||||
|---|---|---|---|---|---|---|---|
Sign Type | Permitted District | Permit Required? | Maximum Area (sq. ft.) | Height of Sign | Number of Signs | Setback | Spacing of Signs |
Wall | All Non-residentia l uses and zoning | Yes | 25% of wall facing the street | Attached to structure and not to exceed the roof line | One sign for each business or tenant, for each street frontage. | – | – |
Pole & Pylon | All Nonresidentia l uses and zoning districts | Yes | 200 sq. ft. in “GC” 300 sq. ft. in “HC” | 30' All other locations 10' from bottom of sign to ground | One sign for each premises, or for each street frontage | 10' (any portion of the sign) | 100' separation from adjacent ground sign on each premises. Minimum of 50' on adjacent premises |
Monument | All Non-residential uses and zoning districts | Yes | 100 sq. ft. in Res. districts & “GC”; | 8 feet | One sign for each premises, or for each street frontage | 10' (any portion of the sign) | No restrictions |
200 sq. ft. in all other Non-residential dist. | 12 feet | ||||||
Canopy, Marquee, or Projection | All Non-residential uses and zoning districts | Yes | 50% of Canopy, Marquee, or Projection sign | Shall not exceed the height of the main structure | One sign for each main structure, or tenant for each street frontage | – | – |
Window | All Non-residential uses and zoning districts | No | No restrictions | – | – | – | – |
Nameplate & Mailbox | All Non-residential uses and zoning districts | No | 5 sq. ft. in Residential & “GC” 10 sq. ft. in all other Nonresidential dist. | – | One sign for each business, or tenant lot for each street frontage | – | – |
Roof | All Non-residential uses and zoning districts | Yes | 200 sq. ft. | 10' from top of roof, not to exceed a total distance of 40' from ground | One sign for each main structure | – | – |
31.6
POLE AND MONUMENT NOT TO BE USED IN COMBINATION
Pole and monument signs shall not be used in combination on the same premise. Each premise shall be permitted only one pole sign or one monument sign. A pole sign or monument sign may be used in combination with other permanent signs listed in Schedule for Permanent Signs.
31.7
PROHIBITED SIGNS
The following signs are prohibited from installation, construction, repair, alteration, or relocation within the City, except as otherwise permitted in this ordinance:
A.
“A” frame or sandwich board, and sidewalk or curb signs, except as temporary signs.
B.
Balloons, or inflatable signs.
C.
Moving, flashing, animated, or rotating signs, signs with moving lights, or signs which create the illusion of movement, except for reader boards which convey a message.
D.
Temporary off-premise signs.
E.
Signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property. However, this does not prohibit signs placed on vehicles and trailers that are incidental to the primary use or ownership of the vehicle or trailer as transportation.
F.
Signs attached to utility poles or other surfaces which are not the property of the utility or serve a public purpose located within a public right-of-way or easement.
G.
Permanent off-premise signs, as defined by the Highway Beautification Act.
31.8
SIGNS EXEMPT FROM REGULATION
The following signs are exempt from the provisions and regulations of this section:
A.
Public signs. Signs required by governmental bodies or specifically authorized for a public purpose by any law, statute, or ordinance. Such public signs may be of any type, number, area, height, location, or illumination as required by law, statute, or ordinance.
B.
Signs on vehicles. Signs placed on or affixed to vehicles and/or trailers where the sign is incidental to the primary use of the vehicle or trailer as transportation.
C.
Warning signs. Signs warning the public of the existence of danger but containing no advertising material; to be removed within three days upon the subsidence of danger. Such warning signs may be of any type, number, area, height, location, or illumination as deemed necessary to warn the public of the existence of danger.
D.
Flags. Flags of governmental entities or nonprofit organizations. Nothing in this ordinance shall be construed to prevent the display of a national or state flag, or to limit flags, insignias, or legal notices, or informational, directional, or traffic signs which are legally required and necessary to the essential functions of government agencies.
E.
Governmental signs. Signs of a duly constituted governmental body, including traffic or similar regulatory devices, legal notices, warnings at railroad crossings, and other instructional or regulatory signs having to do with health, hazards, parking, swimming, dumping, etc.
F.
Address numerals. Address numerals and other signs required to be maintained by law or governmental order, rule, or regulation are allowed, provided that the content and size of the sign do not exceed the requirements of such law, order, rule, or regulation.
G.
Athletic signs. Signs used as scoreboards in athletic stadiums.
H.
Directional signs. Signs which direct vehicles and pedestrian traffic, which may display arrows, words, or other symbols to indicate direction of facilities.
I.
Directory signs. Signs which are located in or adjacent to entrances or foyers.
J.
Instructional signs. Signs providing no advertising of any kind, which provide direction or instruction to guide persons to facilities intended to serve the public, including but not specifically limited to the signs identifying restrooms, public telephones, public walkways, parking areas, and other similar facilities.
K.
Public Seasonal Decorations or Special Public Events
31.9
REGULATIONS GOVERNING SIGN MEASUREMENT
A.
Measurement of Detached Signs: The sign area for a detached on-premise sign shall be the area included within vertical and horizontal line projections of the furthermost points of any logo, letters, or other symbols, composed of the total area of the message, and any border, trim or surface upon which the message is displayed. One sign area will be calculated for a detached sign no matter how the message is displayed. The sign structure shall not be included in the sign area unless there is a sign displayed thereon.
B.
Measurement of Attached Signs: The sign area for an attached on-premise sign shall be the area included within the vertical and horizontal line projection of any logo, letters, or other symbols intended to be read together, composed of the total area of the message and any
C.
[sic] border, trim or surface upon which the message is displayed. There may be several sign areas on the wall of a building depending upon how a sign is displayed.
31.10
PERMIT REQUIREMENTS
Except as herein provided, no permanent sign shall be erected, placed, displayed or located without first obtaining a sign permit from the City.
A.
Application for Permit: Application for a permit for a permanent sign shall be made in writing upon forms furnished by the City Secretary. Such application shall contain the location by street and address number of the proposed sign structure, height, area, sign function, as well as the name, address and phone number of the owner and sign contractor or erector. The City Secretary may require the filing of plans or other pertinent information which, in the City Secretary’s opinion, is necessary to ensure compliance with this Ordinance.
B.
Termination of Permit: A sign permit may be terminated in accordance with the following provisions:
a.
A permit shall be active for the life of the Sign, as long as it is in compliance with this Ordinance.
b.
A permit shall be terminated if the sign for which it has been issued has not been constructed within one year from the date of issuance.
c.
A permit issued for any sign including its supporting structure shall automatically terminate in the event the sign shall fail and not be corrected within 60 days.
d.
Permit Fees: A sign permit fee shall be paid to the City in accordance with the most current fee schedule adopted by the City.
31.11
NONCONFORMING USES
A.
Any existing sign that does not conform to the regulations stated herein shall be deemed a nonconforming sign and shall be subject to the provisions of Section 37 [33] Nonconforming Uses, Lots, and Structures of this Ordinance. It is the declared purpose of this section that nonconforming signs and signs directing attention to nonconforming uses eventually discontinue and the signage comply with the regulations stated herein, having due regard for the investment in such signs.
B.
The City Council may order nonconforming signs which:
a.
Are permanently affixed to the ground on the effective date of this Ordinance,
b.
Were erected in conformity with City ordinances in effect at the time of their erection and
c.
Remain in place after six (6) months from the effective date of this Ordinance, to be removed upon and subject to compliance with Chapter 216, Texas Local Government Code.
C.
Any lawfully existing nonconforming use or building may erect and maintain a sign in accordance with the regulations contained herein.
31.12
AUTHORITY TO REMOVE SIGNS
If in the opinion of the Building Official any sign erected or maintained along or across any sidewalk or public street becomes dangerous to life and limb or is proven to be an obstruction to the proper operation of the Fire Department, it shall be subject to the following:
A.
It shall be the duty of the Building Official to observe and make note of such facts.
B.
The Building Official shall thereupon issue a notice to the owner to correct noted violation within the time period specified in the notice, to be not more than ten days.
C.
If there is no response from the owner or his agent, the Building Official shall then refer the issue to the Building Standards, Plumbing, Adjustments and Appeals Board.
D.
If the Board determines that the facts stated by the Building Official are correct and it [if] in its judgment the sign should be removed, it shall order that the sign be removed at the date specified in the Order of Removal.
E.
In the event the owner, agent or other responsible person should fail or refuse to remove such sign within the time specified by the Board, such person shall be deemed guilty of a misdemeanor.
F.
Each and every day that any sign shall be maintained past the time prescribed in the Board’s Order of Removal, shall constitute a separate and distinct offense, and shall be turned over to the Municipal Court for process.
31.13
MERITORIOUS EXCEPTIONS AND APPEALS
A.
Generally. It is not the intention of these criteria to discourage innovation. It is entirely conceivable that signage proposals could be made that, while clearly nonconforming to this Ordinance and thus not allowable under these criteria, have obvious merit in not only being appropriate to the particular site or location, but also making a positive contribution to the visual environment.
B.
Upon request of an interested party, the City Council shall hear and shall seriously and fairly consider a request for a meritorious exception under this Section.
31.14
PROHIBITION
All signs not specifically authorized herein are prohibited. The administrative official shall have the authority to remove any sign in violation of this Ordinance which is not permanently affixed to the ground on the effective date of this Ordinance.
31.15
CONVERSION OF PORTABLE SIGNS TO PERMANENT SIGNS
Portable signs may be converted into permanent signs by permanently affixing the portable sign to a foundation or pole. In order to convert a portable sign the applicant must submit a diagram indicating the structural design of the proposed permanent sign to be reviewed by the City staff. Any proposed converted sign must meet all the requirements of this section.
(Ordinance 12012009 adopted 12/1/09)
§ 32 Wireless Communication Facilities.
32.1
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 ordinance when made under the conditions herein provided.
32.3
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 RE, R8, R1, R2, and R3 zoning districts if they comply with the following regulations:
A.
Antenna facilities may be building attached, monopoles, or lattice towers;
B.
Up to 3 antenna facilities may be located on a lot of record, co-location is encouraged;
C.
An antenna facility, exclusive of the height of any antenna or mast, shall not exceed thirty-five (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 28 [27] Accessory Buildings. Regardless of the above, the maximum height for a tower permitted without a Special Exception in any residential district shall be 65 feet;
D.
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 Special Exception.
E.
An antenna not fastened to a antenna facility shall not exceed 50 feet without a Special Exception, except for an antenna which does not extend more than eight feet above a building on which it is mounted;
F.
A 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;
G.
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;
H.
Separation: There shall be no minimum or maximum separation requirements for antenna facilities from other structures on the same lot of record;
I.
Antenna facilities shall not be permitted in any easement;
J.
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;
K.
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 manufacturer’s 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;
L.
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 building official to safeguard life, limb, health, property, and public welfare;
M.
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;
N.
No permit shall be issued for the installation of an antenna facility on a multifamily structure or property unless a notarized statement of permission from the owner is presented to the building department;
O.
All antenna facilities shall be subject to an inspection every five years by a qualified expert, such inspection to be conducted and charged for by the City in accordance with provisions in the building code;
P.
A Special Exception must be obtained in the residential zoning districts for any antenna facility which does not comply with the regulations specified hereinabove.
32.4
NONRESIDENTIAL DISTRICTS
Radio, television, microwave broadcast relay, receiving towers, transmission and retransmission facilities, satellite receiving only earth stations (home dish antenna) and any electronic emission equipment of a commercial nature shall be allowed in the nonresidential zoning districts if it complies with the following regulations:
A.
Up to 3 antenna facilities may be located on a lot of record, co-location is encouraged;
B.
Antenna facilities shall be limited to building attached and monopoles only;
C.
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 Special Exception in any nonresidential district shall be 65 feet;
D.
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 Special Exception;
E.
With the exception of stealth facilities, an antenna shall not extend more than eight feet above a building on which it is attached;
F.
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;
G.
Setbacks: With the exception of stealth facilities, antennas and antenna facilities shall not be permitted in front or side yards;
H.
Antenna facilities shall not be permitted in any easement;
I.
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;
J.
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 manufacturer’s 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;
K.
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 building official to safeguard life, limb, health, property, and public welfare;
L.
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;
M.
No permit shall be issued for the installation of an antenna or antenna facility on a multifamily structure or property unless a notarized statement of permission from the owner is presented to the building department;
N.
All antennas, or antenna facilities shall be subject to an inspection every five years by a qualified expert, such inspection to be conducted and charged for by the City in accordance with provisions of the Building Code;
O.
A Specific use permit must be obtained in nonresidential zoning districts for any antenna or tower which does not comply with the regulations specified hereinabove.
P.
Stealth facilities, which meet the definition of stealth as provided in Section 48.4 [43.4], Wireless Communications Facilities Definitions shall be exempt from the height and location requirements of this section. In addition, the City Manager or his designee shall be the final authority as to whether or not any facility meets the definition of “stealth.”
32.5
WRITTEN REPORT UPON DENIAL OF REQUEST
The City of Moody 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.
32.6
SATELLITE RECEIVE-ONLY ANTENNAS 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 ordinance when made under the conditions herein provided. Such conditions are hereby found to be reasonable and clearly defined health, safety and aesthetic objectives.
32.7
SATELLITE RECEIVE-ONLY ANTENNAS
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.
32.8
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.
Only one satellite receive-only antenna per lot of record;
B.
A satellite receive-only antenna shall not exceed ten feet in height;
C.
Setbacks:
a.
Front and side: Satellite receive-only antennas shall not be permitted in front or side yards;
b.
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;
D.
Separation: There shall be no minimum or maximum separation requirements for satellite receive-only antennas from other structures on the same lot of record;
E.
Satellite receive-only antennas shall not be permitted in easements;
F.
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;
G.
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 manufacturer’s recommendations or under the seal of a registered professional engineer of the State of Texas;
H.
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 building official to safeguard life, limb, health, property, and public welfare;
I.
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;
J.
No permit shall be issued for the installation of a satellite receive-only antenna on a multifamily structure or property unless a notarized statement of permission from the owner is presented to the Building Department;
K.
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;
L.
A Special Exception must be obtained for any satellite receive-only antenna which does not comply with the regulations specified hereinabove.
32.9
SPECIAL EXCEPTION
A Special Exception must be obtained for any antenna, tower, and/or satellite receive-only antenna which does not comply with the regulations specified in this section, hereinabove. In considering whether to grant a Special Exception 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 Special Exception 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 Special Exception 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:
a.
Have a clearly defined health, safety or aesthetic objective; and
b.
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;
G.
The unique conditions that govern reasonable reception on any given lot;
H.
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:
a.
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;
b.
Provide photos or drawings of all equipment, structures and antenna;
c.
Describe why the antenna or tower is necessary;
d.
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;
e.
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;
f.
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/promote co-location and, if not, describe why not;
g.
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;
h.
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;
i.
Indicate the proposed provider’s current coverage area for the City. Attach maps showing the areas the proposed provider’s existing antenna[s] 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.
j.
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.
k.
Describe the applicant’s plan to minimize the number of telecommunications antenna[s] and towers needed to cover the City.
l.
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:
m.
Applicant will permit co-location of others at the site;
n.
Applicant will configure its antenna and other equipment to accommodate other providers;
o.
Applicant will identify its backhaul provider connecting antenna sites; and
p.
Applicant will give notice to the City identifying any provider who co-locates to the site and identify their backhaul provider.
(Ordinance 12012009 adopted 12/1/09)
§ 33 Nonconforming Uses, Lots, and Structures.
33.1
CATEGORIES OF NONCONFORMITIES
Within the districts established by this ordinance, or amendments that may later be adopted, there exist
A.
Lots and uses of land,
B.
Buildings and structures,
C.
Uses of land and buildings in combination, and
D.
Characteristics of use which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments. It is the intent of this ordinance to permit these nonconformities to continue under regulations contained herein until they are removed, but not to encourage their survival. It is further the intent of this ordinance that such nonconformities shall not be enlarged upon, expanded or extended, nor be used as ground for adding other buildings and structures or uses prohibited elsewhere in the same district.
33.2
NONCONFORMING USES REGULATED
Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. No nonconforming use of land or buildings, nor any nonconforming structure shall be enlarged, changed, altered, or repaired except in conformance with the regulations contained in this section.
33.3
NONCONFORMING STATUS
Any use, lot, or structure which does not conform to the regulations of the zoning district in which it is located, is nonconforming when:
A.
The use, lot, or structure was in existence and lawfully operating on the date of the passage of this ordinance, and has since been in regular and continuous use; or
B.
The use, lot, or structure is lawful at the time of the adoption of any amendment to this ordinance, but because of the amendment, no longer complies with applicable regulations; or
C.
The use, lot, or structure was in existence at the time of annexation to the City and has since been in regular and continuous use.
33.4
NONCONFORMING LOTS OF RECORD
In any district in which residential, commercial, or industrial buildings are permitted, buildings may be erected on any single lot of record, or multiple lots of contiguous street frontage in the same ownership, which were recorded prior to the effective date of this ordinance. This provision shall apply even though such lot or lots fail to meet the minimum requirements for area, width, or both as governed by the applicable area regulations for that particular zoning district; however, all other provisions of the applicable zoning district area regulations shall apply. Any required variances shall be obtained only through the Zoning Board of Adjustment.
33.5
NONCONFORMING USES OF LAND
Where at the time of passage of this ordinance lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, the use may be continued so long as it remains otherwise lawful, provided:
A.
No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance.
B.
No such nonconforming use shall be moved, in whole or in part, to any portion of the same lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this ordinance.
C.
If any such nonconforming use of land is deemed to be abandoned for any reason for a period of more than 6 months, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.
33.6
NONCONFORMING BUILDINGS
Where a lawful building exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the building, such building may be continued so long as it remains otherwise lawful, subject to the following provisions:
A.
No such nonconforming building may be enlarged or altered in a way which increases its nonconformity, but any building or portion thereof may be altered to decrease its nonconformity or to comply with City building codes.
B.
Should such nonconforming building or nonconforming portion of a building be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance, or when approved by the Zoning Board of Adjustment, after public hearing thereon, when the Board’s findings, having due regard for the property rights of persons affected, were considered in the light of public welfare and the character of the area surrounding the nonconforming building and the conservation and protection of property.
C.
Should such building be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.
33.7
NONCONFORMING USES OF BUILDINGS
If lawful use involving individual buildings exists at the effective date of adoption or amendment of this ordinance that would not be allowed in a particular district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A.
No existing building devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the building to a use permitted in the district in which it is located, or to comply with City building codes.
B.
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building.
C.
If no structural alterations are made, except as required by the City’s building codes, any nonconforming use of a building, or building and premises, may be changed to another nonconforming use provided that the zoning board of adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change the zoning board of adjustment may require appropriate conditions and safeguards in accord with the provisions of this ordinance.
D.
Any building in which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
E.
When a nonconforming use of a building is discontinued or abandoned for six consecutive months, the building shall not thereafter be used except in conformity with the regulations of the district in which it is located.
F.
Where nonconforming use status applies to a building and premises in combination, removal or destruction of the building shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at time of destruction.
G.
Where nonconforming use status applies to a conforming building, such use shall be immediately terminated upon transfer to another ownership or lease.
33.8
REPAIRS AND MAINTENANCE
On any nonconforming building or portion of a building containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 50 percent of the current replacement cost of the nonconforming building or nonconforming portion of the building, as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.
If a nonconforming building or portion of a building containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized City official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
33.9
NONCONFORMING USES DISCONTINUED
A nonconforming use of any building or structure which has been discontinued shall not thereafter be returned to any nonconforming use. A nonconforming use shall be considered discontinued when:
A.
It has been replaced with a conforming use; or
B.
Such building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six months, or the equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced within such six-month period; or
C.
The intention of the owner to permanently discontinue the use is apparent.
33.10
CHANGES THAT LESSEN NONCONFORMITY
Changing to a more restricted or less intensive nonconforming use that lessens the extent of the original nonconformity may be permitted by the Zoning Board of Adjustment.
33.11
CERTIFICATE OF OCCUPANCY
No nonconforming building or use shall be maintained, renewed, changed or extended until a certificate of occupancy shall have been issued by the administrative official. The certificate of occupancy shall state specifically wherein the nonconforming use differs from the provisions of this ordinance, provided that upon enactment or amendment of this ordinance, owners or occupants of nonconforming uses or buildings shall have three months to apply for certificates of occupancy. Failure to make such application within three months shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of this ordinance.
(Ordinance 12012009 adopted 12/1/09)