New Fairview, TX Zoning Ordinance

New Fairview City Zoning Code

ARTICLE 2

Permitted Uses

§ 11 Permitted Use Table.

LAND USE TABLE LEGEND.

The following table presents the zoning district classifications and the permitted uses within those classifications. Uses are listed as being “Permitted”, permitted by “Specific Use Permit”, and prohibited uses as signified by blank cells. Conditions are provided in Section 12, Special Conditions for Listed Uses. Any use not expressly authorized and permitted herein is expressly prohibited.

11.2

LAND USE TABLE.

City of New Fairview Land Use Table
P = Permitted Use S = Specific Use Permit Blank = Prohibited Use
Residential			Land Use Designation	Nonresidential		Special Conditions
A	SF	MH		C	M
Residential Uses
P	P	P	Agricultural Use	P	P
			Apartment
			Boarding House	P
P	P	P	Caretaker, Guard or Servant Residence or Garage Apartment	P	P	13
P	P		Dwelling, Guesthouse
S	S		Convent, Rectory, Monastery	P
			Dwelling, Assisted Living Facility	P
S		P	Dwelling, HUD-Code Manufactured Home			18
P	P	P	Dwelling, Industrialized Housing
			Dwelling, Mobile Home
			Dwelling, Multi-family
			Dwelling, Single-Family Attached
P	P	P	Dwelling, Single-Family Detached			13
			Dwelling, Two-Family
P	P		Group Home for the Disabled or Disadvantaged
		P	Manufactured Housing Park or Subdivision
Public, Civic and Utility Uses
S			Airport, Public/Private	P	P	2
S			Animal Pound, Shelter	S	S	1
S			Assembly Hall	P	P
S	S	S	Athletic Field and Play Field, Public			1
S	S	S	Cemetery, Mausoleum, Crematorium	S	S
S	S		Community Center	P	P	2, 7
P	P	P	Electrical Generating Station	P	P
P	P	P	Electrical Transmission Line	P	P
			Garage, Public	S	P	2, 7, 9
P	P	P	Gas Regulator Station	P	P
S	S	S	Golf course, Public	P	P
P	P	P	Governmental Administration Facility	P	P	22
S			Library	P	P
S			Lodge, Fraternal, Sorority and Clubs	P	P
			Museum	P	P
P	P	P	Park	P	P
			Philanthropic and/or Charitable Use	P	P
S	S	S	Public Maintenance Building, Storage Yard	S	P	7, 9
P	P	P	Public Safety Facility, Police and Fire	P	P
P	P	P	Public Utility	P	P
S	S	S	Religious Institution	P	P	2, 7
P	P	P	Telephone Exchange, Switching or Relay	P	P
Educational Uses
			School, Business College	P
			School, College or University	P
			School, Commercial Instruction	P
			School, Commercial Trade	P
P	P	P	School, Home			8
P	P	P	School, Home Day			8
			School, Institution, Rehabilitation and Training Center	P	P
S	S	S	School, Nursery	P	P	8
P	P	P	School, Primary or Secondary	P	P	1, 7
			School, Vocational	P	P
Amusement and Entertainment Uses
			Amusement Center, Indoor	P	P	7
			Amusement Center, Outdoor	S	P	1, 7
S			Athletic Field and Play Field, Commercial	P	P	2, 7
			Auditorium	P	P	7
			Camp Ground and Related Facilities	P	P
S	S	S	Country Club	P	P	7
S			Golf Course, Driving Range	S	P	2
			Golf Course, Miniature	P	P
S	S	S	Golf Course, Private	P	P	2, 7
			Go-Cart Track and Other Vehicular Track or Facility		S	1, 7, 14
			Gymnasium	P	P
P	P	P	Private Club	P	P
P			Recreational Ranch or Farm
S			Rodeo Ground/Fair Ground		P	2, 7, 5
			Skating Rink, Indoor	S	P	2
S			Stable, Commercial		S	2
P	S	S	Stable, Private	S	S
			Swimming Pool, Commercial	P	P
			Shooting Range, Indoor	S	P	2
			Shooting Range, Outdoor		S	2
			Theater, Indoor Motion Picture	P	P	7
			Water Park, Commercial	S	P	1, 7
Medical Uses
			Clinic	P	P
			Hospital	P	P	7
			Laboratory, Medical and/or Dental	S	P	2
			Medical, Dental and Optical Retail Sales	P	P
			Medical, Dental Office	P	P
			Medical Equipment Sales, Rental, and Leasing Service	P	P
S	S	S	Nursing Home	P	P	2, 7
			Optician Shop	P	P
			Veterinary Hospital with Outside Pens		S	7, 16
			Veterinary Hospital without Outside Pens	S	P	2
			Veterinarian Office, Small Animal Practice	P	P
			Veterinarian Office, Large Animal Practice	S	P	2
Automotive Uses
			Auto Auction		S	2, 7, 9
			Auto Car Wash	P	P	1, 7
			Auto Impound Lot/Wrecker Business
			Auto Paint and Body Shop		S	2, 3, 7, 10
			Auto Parts and Accessory Sales	P	P	7
			Auto Rental (Car and Truck)	P	P	7, 11
			Auto Repair Garage	S	P	2, 7, 9, 10
			Auto Sales, New and Used	S	S	2, 7, 9, 10
			Auto Service Station	S	P	2, 7, 9
			Bus, Train and Taxi Station or Terminal	S	P	2
			Farm Machinery and Implement Sales and Service	S	P	2, 7, 11
			Heliport	S	P	2
			Helistop	S	P	2
			Motor Freight Terminal		S	2, 7
			Park and Ride Lots	P	P
			Parking Lot, Commercial (Auto)	S	P
			Parking Lot, Commercial (Truck)		S
			Recreational Vehicle Storage (Commercial)		S	2, 7, 11
S	S	S	Private Airstrip	S	S	2
Professional Uses
			Bank, Savings and Loan Association, Financial Institution	P	P	7
			Office, Business	P	P	7
			Office, Professional	P	P	7
			Office, Real Estate Development Tract or Field Office	P	P	7
Commercial, Retail, and Service Uses
			Ambulance Service	P	P	7
			Animal Grooming	P	P	7
			Antique Shop	P	P	7
			Apparel Alteration and Repair or Tailor Shop	P	P	7
			Appliance Repair, Household	P	P	7
			Art Gallery	P	P	7
			Arts, Crafts, and Hobby Shop	P	P	7
			Auction House, Indoor	S	P	2, 7
			Bakery, Retail Confectionery	P	P	7
			Bakery, Wholesale Candy	P	P	7
			Barber Shop, Beauty Salon, other Personal Shop	P	P	7
			Building Material Sales	S	P	2, 7
			Cabinet and/or Upholstery Shop	S	P	2, 7
			Catering Service	P	P	7
			Collectibles Shop	P	P	7
			Contractor, no Outside Storage Permitted	P	P	7
			Contractor, Outside Storage Permitted	S	P	2, 7, 11
			Contractor Storage or Equipment Yard		P	2, 7, 11
			Convenience Store, with or without Fuel Sales	P	P	7
			Copy Shop	P	P	7
			Cosmetic Tattoo Establishment
			Day Care Center, Adult	P	P
			Day Care Center, Child	P	P
P	P	P	Day Care, in the Home	P	P
			Department Store	P	P	7
			Exterminating Service	S	P	2
			Factory Outlet, Retail or Wholesale Store	S	P	2, 7
P	P		Farmer's Market, Outdoor		S	23
			Flea Market
			Funeral Home, Mortuary	S	P
			Furniture, Fixture and Appliance Store	P	P	7
			Gift Shop	P	P	7
S			Greenhouse or Plant Nursery		P	7
			Grocery Store	P	P	7
			Hardware Store	P	P	7
			Health Club, Recreation Facility	P	P	7
P	P	P	Hobby Studio, Private	P	P	7
			Hotel, Motel	P	P	7
			Kennel	S	P	2, 7
S			Landscape Service	S	P	2, 7
			Laundry, Dry Cleaning Full-Service	S	P	2, 7
			Laundry, Dry Cleaning Pickup and Receiving Station	P	P	7
			Laundry, Dry Cleaning Self-Service	P	P	7
			Lithography or Print Shop	P	P	7
			Locksmith Shop	P	P	7
			Machinery Sales or Repair	S	P	3, 7, 9
			Manufactured or Industrialized Home Sales or Rental		P	7
			Meat Market		S	2, 7
			Music Store	P	P	7
			Office Machine Sales and Service	P	P	7
			Office Supply Store	P	P	7
			Pawn Shop	P	P	7
			Pet Shop	P	P	7
			Pharmacy	P	P	7
			Photographic Equipment Sales and Service	P	P	7
			Photographic Service	P	P	7
			Radio, Television Studio	P	P	7
P	S	S	Recycling Collection Center	S	P	2, 7, 19
			Rental Store	S	P	2, 7, 11
			Rental Yard, Commercial and Heavy Equipment	S	P	2, 3, 7, 9
			Restaurant	P	P	7
			Restaurant, Drive-in/Drive-thru	P	P	7
			Restaurant, Refreshment Stand (Temporary or Seasonal)	P	P	7
			Sexually Oriented Business			15
			Shoe Repair	P	P	7
			Sign Shop, Painted or Silk-screened	P	P	7
			Studio	P	P	7
			Stone Monument Sales	P	P	7
			Tattoo Parlor/Body Piercing Studio	P	P	7
			Taxidermist Studio	P	P	7
			Taxidermist Shop	S	P	2, 7
			Tobacco Shop	S	P	2, 7
			Video/Game Rental	P	P	7
			Watch and/or Jewelry Sales and Repair	P	P	7
Manufacturing and Industrial Uses
			Assembly Plant		P	7
			Bottling Works		P	7
			Building Materials Manufacturing		P	7
			Dairy Processing		S	7
			Electronics Manufacturing		P	7
			Laundry, Dry Cleaning and Dyeing Plant		S	7
			Machine Shop		P	7
			Manufacturing Facility (Light)		P	7
			Meat Product Processing
			Mini-warehouse		P	1, 3, 7, 9
			Pharmaceutical Plant
S	S	S	Oil and Gas drilling and production	P	P
			Plastic Products Manufacturing
			Wireless Transmission or Receiving Facility	(As regulated by Sec. 30)
			Salvage Yard
			Stockyard
			Storage and Warehousing Establishment		P	7
			Storage Yard		P	7, 3
			Textile Manufacturing
			Warehousing, Freight Office and/or Storage		P	7
			Welding or Machine Shop		P	7, 9
P			Wind Generation Turbine, Large		P	21
P	S	S	Wind Generation Turbine, Small	S	P	20
Accessory Uses
P	P	P	Accessory Building	P	P
P	P	P	Carport, Residential
S			Christmas Tree Sales	P	P	6
P	P	P	Home Occupation
P	P	P	Temporary Construction Building	P	P	6
P	P	P	Utility Buildings and Structures	P	P

(Ordinance 2010-01-149 adopted 1/19/10; Ordinance 2012-05-167, sec. 1, adopted 10/16/12; Ordinance 202306-02-111 adopted 6/20/2023)

§ 12 Special Conditions for Listed Uses.

12.1

DESCRIPTION OF LAND USE TABLE CONDITIONS AND SPECIAL REGULATIONS.

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

A site plan will be required in accordance with Section 20, Site Plan Requirements.

A site plan, in accordance with Section 20, Site Plan Requirements, will only be required in districts which require a Specific Use Permit.

All storage shall be within completely enclosed buildings or effectively screened with screening not less than six feet nor more than eight feet in height, provided no storage located within 50 feet of such screening shall exceed the maximum height of such screening.

Temporary buildings for construction purposes for a period not to exceed the duration of such construction.

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

Permitted on a temporary basis only, in accordance with Section 26, Temporary Uses and Special Events.

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

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

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

10.

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

11.

All equipment shall be stored and displayed on a hard all-weather surface.

12.

Antenna and towers shall be permitted and regulated in accordance with Section 30, Wireless Communications Facilities.

13.

Accessory Dwelling/Garage Apartments are limited to a maximum of 500 square feet.

14.

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

15.

As regulated by Ordinance 2007-06-121 [article 5.05 of the Code of Ordinances]

16.

Requires 20 acres for animal hospital in SF.

17.

Must comply with Chapter 241 of the Texas Local Government Code

18.

Except for the MH district, HUD-Code Manufactured housing is prohibited in any platted subdivision (either preliminary plat or final plat) platted after the effective date of this ordinance.

19.

Shall be bundled and screened for outside storage

20.

Small Wind Turbines shall meet the following standards:

(a)

Small Wind Turbine shall not be installed or located within one hundred (100) feet from any property line.

(b)

A Small Wind Turbine shall not be installed within fifty (50) feet of another structure on site.

(c)

A Small Wind Turbine shall not be located within 250 feet of a residential structure located upon an adjoining lot or recorded parcel.

(d)

No portion of a Small Wind Turbine, including any blade, guy wire or supporting structure, shall exceed a height, at a required front, side, or rear setback line, of thirty-five (35) feet. However, an additional one foot of height may be permitted for each additional foot the Small Wind Turbine is set back from the front, side, or rear setback line, up to a height not to exceed sixty-five (65) feet. Any height over sixty-five (65) feet must be approved as a special exception by the ZBA.

(e)

No Small Wind Turbine shall generate a sound level in excess of 50 dBA, as measured at the nearest property line, during the hours of 7:00 a.m. to 10:00 p.m., nor a level in excess of 40 dBA during the hours of 10:00 p.m. to 7:00 a.m.

(f)

Each Small Wind Turbine shall be operated and maintained in sound working order in conformance with the manufacturer's specifications at all times. This maintenance shall include the physical appearance of the device so it does not present an unsightly appearance. A copy of the manufacturer's specifications and use instructions shall be submitted to the City with any application prior to issuance of a building permit and shall be retained within the public file for that application.

(g)

Any Small Wind Turbine that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such Wind Turbine shall remove the same within ninety (90) days of receipt of written notice from the City notifying the owner of such abandonment. If the owner does not remove the equipment, along with all associated and ancillary equipment, devices, structures or support for that wind turbine, or does not request a hearing before the ZBA on the issue of whether the equipment is abandoned and subject to removal, the City may remove the equipment and store it in a secure location. The owner shall have thirty (30) days, from the date the City removes said equipment, to reclaim the equipment. If the equipment is not reclaimed in accordance with this section, the City may dispose of the equipment in accordance with the City's existing policy for disposal of abandoned or lost property.

(h)

Failure to remove an abandoned Small Wind Turbine within the allotted time shall be grounds to remove the device at the owner's expense.

(i)

A Building Permit, issued by the City of New Fairview, shall be obtained prior to the installation of a Small Wind Turbine system.

(j)

Every Small Wind Turbine shall be installed strictly per the Manufacturer's Installation specifications, or as modified and certified by a Registered Professional Engineer licensed by the State of Texas.

(k)

No Small Wind Turbine, or associated and ancillary equipment, batteries, devices, structures or support(s) shall be located within any required front, side or rear yard setback area.

(l)

No wiring between a Small Wind Turbine and another Wind Turbine, or the main or accessory structure on site, or any associated and ancillary equipment, batteries, devices, structures or support(s) for any wind turbine, shall be located above ground level.

(m)

When a Small Wind Turbine system is removed from a site, all associated and ancillary equipment, batteries, devices, structures or support(s) for that system shall also be removed.

21.

Large Wind Turbines shall meet the following standards:

(a)

A Large Wind Turbine shall not be installed or located within three hundred (300) feet from any property line.

(b)

A Large Wind Turbine shall not be installed within one hundred fifty (150) feet of another structure on site, unless directly mounted upon that structure.

(c)

A Large Wind Turbine shall not be located within 500 feet of a residential structure located upon an adjoining lot or recorded parcel.

(d)

No portion of a Large Wind Turbine, including any blade, guy wire or supporting structure, shall exceed a height of sixty-five (65) feet. Additional height may be permitted by special exception upon approval of the ZBA.

(e)

No Large Wind Turbine shall generate a sound level in excess of 50 dBA, as measured at the nearest property line, during the hours of 7:00 a.m. to 10:00 p.m., nor a level in excess of 40 dBA during the hours of 10:00 p.m. to 7:00 a.m.

(f)

Each Large Wind Turbine shall be operated and maintained in sound working order in conformance with the manufacturer's specifications at all times. This maintenance shall include the physical appearance of the devices so that it does not present an unsightly appearance. A copy of the manufacturer's specifications and use instructions shall be submitted to the City with any application prior to issuance of a building permit and shall be retained within the public file for that application.

(g)

Any Large Wind Turbine that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such Wind Turbine shall remove the same within ninety (90) days of receipt of written notice from the City notifying the owner of such abandonment. If the owner does not remove the equipment, along with all associated and ancillary equipment, devices, structures or support for that wind turbine, or does not request a hearing before the ZBA on the issue of whether the equipment is abandoned and subject to removal, the City may remove the equipment and store it in a secure location. The owner shall have thirty (30) days, from the date the City removes said equipment, to reclaim the equipment. If the equipment is not reclaimed in accordance with this section, the City may dispose of the equipment in accordance with the City's existing policy for disposal of abandoned or lost property.

(h)

Failure to remove an abandoned Large Wind Turbine within the time allotted shall be grounds to remove the device at the owner's expense.

(i)

A Building Permit, issued by the City of New Fairview, shall be obtained prior to the installation of a Large Wind Turbine system.

(j)

Every Large Wind Turbine shall be installed strictly per the Manufacturer's Installation specification, or as modified and certified by a Registered Professional Engineer licensed by the State of Texas.

(k)

No Large Wind Turbine, or associated and ancillary equipment, batteries, devices, structures or support(s) shall be located within any required front, side or rear yard setback area.

(l)

No wiring between a Large Wind Turbine and another Wind Turbine, or the main or accessory structure on site, or any associated and ancillary equipment, batteries, devices, structures or support(s) for any wind turbine, shall be located above ground level.

(m)

When a Large Wind Turbine system is removed from a site, all associated and ancillary equipment, batteries, devices, structures or support(s) for that system shall also be removed.

22.

Governmental Administrative facilities and/or Police and Fire Public Safety facilities are exempted from regulations and requirements contained herein.

23.

All farmer's markets, outdoor uses within the SF Single-Family zoning district shall be subject to Chapter 5, Article 5.08 of the City of New Fairview Code of Ordinances.

(Ordinance 2010-01-149 adopted 1/19/10; Ordinance 2012-05-167, sec. 2, adopted 10/16/12; Ordinance 202306-02-111 adopted 6/20/2023)

§ 13 Classification of New and Unlisted Uses.

It is recognized that new types of land use may develop and forms of land use not anticipated herein may seek to locate in the City. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

13.1

ADMINISTRATIVE OFFICIAL ACTION.

The administrative official shall refer the question concerning any new or unlisted use to the City Council requesting an interpretation as to the proper zoning classification into which such use should be placed. The use interpretation question shall be determined as to the nature of the use and whether it involves dwelling activity, sales, processing; type of product, storage and the amount and nature thereof (i.e., enclosed or open storage); anticipated employment; transportation requirements; the general degree of noise, odor, fumes, dust, toxic material and vibration likely to be generated, if any; and the general requirements for public utilities such as water and sanitary sewer.

13.2

CITY COUNCIL.

The City Council shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various zoning districts, and determine the zoning district or districts within which such use should be permitted. The City Council shall approve [such] use or make such other determination concerning the classification of such use as appropriate, based upon its findings of fact, and amend this ordinance to reflect said findings and decisions.

(Ordinance 2010-01-149 adopted 1/19/10)