An applicant within the City limits, requesting approval of a Special Use Permit, shall file an application with the City. The completed application shall include the following information:

If a zoning amendment is required or requested in writing, such application shall accompany the application for a Special Use Permit.

If the proposed use requires a division of land, an application for subdivision approval shall be submitted in conjunction with the application for a Special Use Permit. Approval of the Special Use Permit shall not become effective until final approval of the subdivision application; provided that if the land is to be divided in phases, the approval of the Special Use Permit shall take effect upon final approval of the phase of the subdivision containing the property on which the Special Use is to be located.

The City Manager, in considering and determining its recommendations to the Nolanville City Council on any request for a Special Use Permit, may require from the applicant plans, information, operating data and expert evaluation concerning the location, function and characteristics of any building or use proposed.

Upon receipt of the recommendation from the City Manager, the Planning and Zoning Commission shall conduct a public hearing in order to formulate its recommendations to the City Council on the Special Use Permit application. Following the public hearing, the Planning and Zoning Commission shall recommend approval, approval subject to modification, or denial of the proposal to the City Council. If the appropriateness of the use cannot be assured at the location, the Planning and Zoning Commission shall recommend denial of the application as being incompatible with existing uses or with other uses permitted by right in the district.

The City Council shall be the final decision-maker on applications for Special Use Permits. Following a public hearing, and in consideration of the Planning and Zoning Commission’s recommendations, the City Council shall approve, modify or deny the proposal for a Special Use Permit. If the appropriateness of the use cannot be assured at the location, the application for Special Use Permit shall be denied as being incompatible with existing uses or with other uses permitted by right in the district.

The City Council may, in the interest of the public welfare and to ensure compliance with this section, establish conditions of operation, location, arrangement and construction of any use for which a permit is authorized. In authorizing the location of any use listed as a Special Use Permit, the City Council may impose such development standards and safeguards as the conditions and location indicate important to the welfare and protection of adjacent property from traffic, noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, aesthetic harm, offensive view or other undesirable or hazardous conditions. Any conditions imposed shall be set forth in the motion approving the special use, and shall be incorporated into or noted on the site plan for final approval.

Conditions imposed upon a particular Special Use Permit shall not be waived by the Zoning Board of Adjustment the Zoning Board of Adjustment [sic]. In conformity with the authority of the City Council to authorize Special Uses, the City Council may waive or modify specific standards otherwise made applicable to the use by this Ordinance, to secure the general objectives of this Section, provided.

The expiration, extension & termination of a Special Use Permit shall be governed by the following rules:

No proposed or existing building, premise or land use authorized as a Special Use may be established, enlarged, modified, structurally altered, or otherwise changed from that approved in the Special Use Permit, unless such amendment is authorized in accordance with the standards and procedures set forth in this Section, and the Special Use Permit and approved site plan are amended accordingly.

The Zoning Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the specific land use designated by any Special Use Permit.

Application for a temporary use permit shall be made on forms provided by the building official.

The use for which the permit is requested shall be authorized as a temporary use in the district in which the use is to be located.

The applicant shall meet all conditions for such temporary use permit set forth in ARTICLE V: DIVISION 2, DIVISION 8, and DIVISION 9 of this Code.

A time limit for the discontinuance of the temporary use shall be specified on the temporary use permit.

If the temporary use is not discontinued after the prescribed time limit the applicant shall be fined up to two hundred fifty dollars ($250.00) for each violation. Each day the violation shall exist shall be considered a separate violation.

The front of the building and any side of the building facing the street on each story or floor of every single-family, two-family, or multifamily residential dwelling unit shall consist of a minimum of eighty percent (80%) masonry construction or a combination of masonry and 3-step hard-coat stucco, exclusive of the following:

All remaining sides or portions of the building, including the rear, shall consist of seventy-five percent (75%) masonry construction or a combination of masonry and 3-step hard-coat stucco, exclusive of doors, windows, glass and entryway treatments, and atriums of glass and metal construction.

The remaining portion of the sides of the building shall consist of masonry, cementitious fiberboard siding, 3-step hard-coat stucco, or metal construction in accordance with the City’s building and fire codes.

The exterior area or sides of chimney flues on exterior walls that are visible from the street shall be enclosed in masonry veneer construction, cementitious fiberboard siding or a combination of masonry and 3-step hard-coat stucco, except that chimney flues not visible from the street may be enclosed by materials approved by the building code for exterior exposure and in compliance with the flue manufacturer’s recommendation.

The front of the building and any side of the building facing the street on each story or floor shall consist of a minimum of seventy-five percent (75%) masonry construction or a combination of masonry and 3-step hard-coat stucco, exclusive of doors, windows, glass and entryway treatments, and atriums of glass and metal construction. The remaining front of the building shall consist of masonry, cementitious fiberboard siding, 3-step hard-coat hard-coat stucco, or metal construction in accordance with the City’s building and fire codes; and

All remaining sides or portions of the building shall consist of fifty percent (50%) masonry construction or a combination of masonry and 3-step hard-coat stucco, exclusive of doors, windows, glass and entryway treatments, and atriums of glass and metal construction. The remaining portion of the sides of the building shall consist of masonry, cementitious fiberboard siding, 3-step hard-coat stucco, or metal construction in accordance with the City’s building and fire codes; and

The rear of the building shall consist of masonry, cementitious fiberboard siding, 3-step hard-coat stucco, or metal construction in accordance with the City’s building and fire codes.

The front of the building and any side of the building facing the street on each story or floor shall consist of eighty-five percent (85%) masonry construction or a combination of masonry and 3-step hard-coat stucco after a minimum of a three (3) foot one hundred percent (100%) masonry construction barrier from the ground floor level construction, exclusive of doors, windows, glass and entryway treatments, and atriums of glass and metal construction, provided that the exterior surface construction of such entryway treatments and atriums are in excess of seventy percent (70%) glass or windows; and

All remaining sides or portions of the building below the first floor ceiling plate line, including the rear, shall consist of not less than seventy-five percent (75%) masonry construction or a combination of masonry and 3-step hard-coat stucco after a minimum of a three (3) foot one hundred percent (100%) masonry construction barrier from the ground floor level construction, exclusive of doors, windows, glass and entryway treatments, and atriums of glass and metal construction, provided that the exterior surface construction of such entryway treatments and atriums are in excess of seventy percent (70%) glass or windows; all in accordance with the City’s building and fire codes.

A Special Use Permit may be granted for the exterior surface construction of the rear of the building to consist of cementitious fiberboard siding or metal construction in accordance with the City’s building and fire codes.

Good outdoor lighting at night benefits everyone and enhances the City’s nighttime character. New lighting technologies have produced lights that are extremely powerful, and these types of lights may be improperly installed so that they create problems of excessive glare and light trespass that reduce residents’ privacy. Excessive glare can be annoying and may cause safety problems. There is a need for lighting regulations that recognizes the benefits of good outdoor lighting and provides clear guidelines for its installation so as to help maintain and complement the City’s character and which strives to provide linkage between the built and natural environment and acknowledges and sustains the unique nature of the City’s corporate-commercial, suburban and rural lifestyles. Appropriately regulated, and properly installed, outdoor lighting will contribute to the safety and welfare of the residents of the City.

Outdoor lighting for nonresidential uses and multifamily uses has the following objectives:

This division shall apply to all installations of new fixtures or additional lighting to any new or existing nonresidential or multifamily use or structure.

Luminaries installed prior to the adoption of the Ordinance from which this division is derived shall immediately be re-aimed or shielded such that the fixture no longer creates a nuisance as defined in Article II SECTION 201.1. Shielding may be accomplished by louvers, baffles, visors, or shields placed on the luminaries, or any other method whereby the light therefrom does not constitute a nuisance as defined in ARTICLE II SECTION 201.1.

Lighting levels shall be measured in footcandles with a direct-reading, portable light meter.

The meter sensor shall be not more than six (6) inches above ground level in a horizontal position. The reading shall be taken only after the cell has been exposed long enough to provide a constant reading.

An unshielded light source, including bare bulbs, above 600 lumens, except for temporary seasonal lighting;

The operation of searchlights, strobes, or pulsating lights;

The use of low pressure sodium bulbs as a light source;

The use of a partial cutoff light source;

The use of a drop lens;

Luminaires located within the compatibility buffer between dissimilar uses;

Any luminaire that produces a disability glare;

Any light or combination of lighting that creates an outdoor lighting nuisance as defined in Article II Section 201.1.

Any lighting installed to illuminate an unimproved surface or private outdoor recreational activities that exceed requirements set forth in this Ordinance without an approved variance, as set forth in Article V DIVISION 4 Section 541.4.

In parking areas containing zero (0) to one hundred fifty (150) parking spaces, maximum height of lighting pole standards shall not exceed twenty-five (25) feet.

In parking areas containing one hundred fifty-one (151) or more parking spaces, maximum height of lighting pole standards shall not exceed thirty-five (35) feet.

Luminaires used for floodlighting shall not direct the luminance above the facade of the object being lighted.

Spotlights and floodlights mounted overhead on poles or building walls and used for area lighting, including but not limited to residential areas, shall be installed so that the fixture is full cutoff as defined herein, with no light above ninety (90) degree nadir.

In parking areas containing zero (0) to one hundred fifty (150) parking spaces, minimum spacing of lighting pole standards shall be no less than two times the height of the standard.

In parking areas containing one hundred fifty-one (151) or more parking spaces, minimum spacing of lighting pole standards shall be no less than four times the height of the light standard, a ratio of four (4) to one (1).

Any person violating any provision of this division shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine as set by the City. A separate offense shall be deemed committed of [on] each day during or on which a violation or failure to comply occurs or continues to occur.

A footcandle reading, as performed in accordance with ARTICLE V DIVISION 4 SECTION 540.4, in excess of those amounts defined in ARTICLE V DIVISION 4 SECTIONS 540.5 through 541.2, shall be prima facie evidence of a violation of this division.

A variance as to the height restriction may be permitted by the Zoning Board of Adjustment for the replacement of luminaries installed prior to the adoption of the Ordinance from which this division is derived if such luminaires are damaged, destroyed, or otherwise become inoperable.

A variance is permissible for such replacement luminaries only in those situations where more than one luminaire existed prior to the adoption of the Ordinance from which this division is derived. The Zoning Board of Adjustment may grant a variance, upon application by the property owner or his designee, if the Zoning Board of Adjustment determines that the replacement of a damaged, destroyed, or otherwise inoperable luminaire with a luminaire conforming to the height requirement set forth in this division would:

Any lighting that is to be placed in the canopy of a tree shall be directed in a downward position to simulate natural light received by the area.

The fixture shall be shielded so that all of the light is directed downward and shall not be directed toward the tree, to reduce light intrusion.

All proposed lighting that is to be placed in a tree shall be affixed to the trunk or branch through the use of an adjustable bracketing system that will allow for the continued growth of the tree.

The mounting height of landscape lighting shall not exceed twenty-five (25) feet.

No lighting shall be bolted, nailed, or glued to the trunk or any appendages of the tree, and such unauthorized attachment will be treated as a violation.

No accessory building shall be constructed upon a lot until the construction of the main use building has been actually commenced. No accessory building shall be used unless the main use building on the lot is also being used.

On all existing rights-of-way of railroad companies, regardless of the zoning district in which such rights-of-way are located, railroad tracks and accessories to railroad movement may be constructed or maintained.

When a single-family residence is built in a nonresidential district it shall comply with all “R-1S” District requirements.

Residential uses shall comply with the Minimum Lot Area per Dwelling Unit standards contained in the district regulations, as may be modified by additional provisions in the district regulations, in this section or elsewhere in this Ordinance.

Lots used for residential uses shall comply with the Minimum Lot Width standards contained in the district regulations, as may be modified by additional provisions in the district regulations, in this section or elsewhere in this Ordinance.

Lot width shall be measured as the distance between the side lot lines measured along the front setback. In the case of a lot having more than one required front yard, the lot width shall be measured along the building line associated with the shortest front lot line.

Notwithstanding any other provisions of this Ordinance, lots fronting on a cul-de-sac shall be a minimum of forty (40) feet wide at the right-of-way.

Residential uses shall comply with the Minimum Floor Area per Dwelling Unit standards contained in the district regulations, as may be modified by additional provisions in the district regulations, in this section or elsewhere in this Ordinance.

The floor area of a dwelling, for the purpose of these minimum floor area per dwelling unit requirements, refers to the total of the horizontal area of each floor, measured from the outside face of the building walls and excluding garages, carports, cellars and accessory buildings.

The location of buildings shall comply with the minimum front yard setback standards contained in the district regulations, as may be modified by additional provisions in the district regulations, in this section or elsewhere in this Ordinance.

Every part of a required front yard shall be open and unobstructed, except for the ordinary projections of window sills, belt courses, cornices and other architectural features of the main building, projecting no more than twelve (12) inches into the required front yard. Roof eaves and roof extensions of the main building or a porch without posts or columns may project into the required front yard for a distance of no more than two (2) feet, and subsurface structures, platforms or slabs may project into the front yard to a height no greater than thirty (30) inches above the average grade of the yard.

For lots with frontage on two (2) intersecting streets, a front yard shall be provided along the shorter of the two (2) street lines.

Where a building line has been established by a plat approved by the City and such line requires a greater or lesser front yard setback 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 so established by such Ordinance or plat, provided that no such front yard setback shall be less than fifteen (15) feet.

In all residential zoning districts, including agricultural, the following building setbacks from street lines shall be required:

In the nonresidential districts, the following building setbacks from street lines shall be required:

Motor vehicle fuel dispenser islands, including any roof or canopy over such islands, may not be located closer than twenty (20) feet to the front property line.

No accessory building shall be located within the required front yard in any district.

The location of buildings shall comply with the Minimum Side Yard Setback standards contained in the district regulations, as may be modified by additional provisions in the district regulations, in this section or elsewhere in this Ordinance.

Every part of a required side yard shall be open and unobstructed, except for accessory buildings as permitted in subsection (c) of this section and the ordinary projections of window sills, belt courses, cornices and other architectural features of the main building projecting no more than twelve (12) inches into the required side yard. Roof eaves of the main building shall project no more than two (2) feet into the required side yard.

Detached accessory buildings may be located within a required side yard, subject to Article V DIVISION 5 Section 551.2, Accessory Buildings.

Where a garage or carport is designed and constructed to be entered from a side street, such garage or carport shall be set back from the side street a minimum distance of twenty (20) feet from the right-of-way line and shall not encroach over a sidewalk so as not to interfere with the use of the street by other vehicles or persons.

In all residential zoning districts, including agricultural, the following building setbacks from street lines shall be required:

The location of buildings shall comply with the minimum rear yard setback standards contained in the district regulations, as may be modified by additional provisions in the district regulations, in this section or elsewhere in this Ordinance.

Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lot, except for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features of the main building projecting no more than two (2) feet into the required rear yard.

No rear yard shall be required for nonresidential buildings if an alley is located adjacent to the rear lot line. In the “M-1” or “M-2” district where rail lines exist at the rear of lots or tracts occupied by industrial or commercial buildings, the buildings may be located for direct service by rail transportation.

Detached accessory buildings may be located within a required rear yard, subject to Article V DIVISION 5 Section 551.2, Accessory Buildings.

In the “R-1S”, “R-1”, “R-2”, “R-TH”, “R-3” or “R-MH” District accessory buildings shall not occupy more than thirty percent (30%) of the required minimum rear yard area. Accessory buildings shall be a minimum of ten (10) feet from the main use building. In the “R-1”, “R-2”, “R-TH”, “R-3”, “R-DT”, or “R-MH” District no accessory building shall be more than one (1) story high.

In all residential zoning districts, including agricultural, the following building setbacks from street lines shall be required:

The size of buildings shall comply with the maximum building coverage standards contained in the district regulations, as may be modified by additional provisions in the district regulations, in this section or elsewhere in this Ordinance.

Lot coverage refers to the percentage of the lot area covered by the foundation or first floor of the main and all accessory buildings.

The size of buildings shall comply with the minimum floor area ratio (FAR) standards contained in the district, as may be modified by additional provisions in the district regulations, in this section or elsewhere in this Ordinance.

Floor area refers to the total of the horizontal area of each floor, measured from the outside face of the building walls. Floor area ratio (FAR) refers to the ratio of the total floor area on a lot to the area of the lot.

Generally. The percent of a lot with impervious improvements shall comply with the maximum (%) coverage standards contained in the district regulations, as may be modified by additional provisions in the district regulations, in this section or elsewhere in this Ordinance.

Measurement. Maximum (%) coverage refers to the percentage of the lot area with any impervious improvements including but not limited to building improvements, patios, driveways, and parking.

The height of buildings and structures shall comply with the maximum height standards contained in the district regulations, as may be modified by additional provisions in the district regulations, in this section or elsewhere in this Ordinance.

Height refers to the vertical distance of a building or structure measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher. Height may be measured in either feet or number of stories. Where the district regulations establish height standards in both feet and number of stories, buildings and structures shall comply with both standards as follows:

The calculation of building height shall exclude chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding fifteen (15) feet in height[.]

Additional height above that permitted by district regulations may be granted by the planning and zoning commission at the time of site plan approval, and the planning and zoning commission may require that the front, side and rear yards be increased above the minimum requirements to mitigate the impacts of such increased height.

Public, semi-public or public service buildings, hospitals, institutions of [or] schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, and churches and temples may be erected to a height not exceeding seventy-five (75) feet if the building is set back from its established setback at least one (1) foot for each two (2) feet additional height above the height limit otherwise provided in the district in which the building is located.

Attached accessory buildings shall conform to the regulations applicable to the main building to which they are attached.

Commercial vehicles, trailers of all types, including travel, camping and hauling trailers, and manufactured homes shall not be parked or stored on any lot occupied by a dwelling or on any lot in any Residential District except in accordance with the following provisions:

No trailer of any type, including travel, camping and hauling shall be occupied either temporarily or permanently while it is parked or stored in any area within the City Limits.

No commercial vehicles, trailers of any type, including travel, camping and hauling trailers, or manufactured homes shall be parked on a City right-of-way, City easement, drainage area, roadway, road, alley, street curb, sidewalk or fire lane for any period of time.

All hobby, race, or rally vehicle repairs (Major or Minor) in any residential district shall be: (1) performed in an enclosed building, or (2) screened from public view by a landscape buffer or opaque fence. Each hobby, race, or rally vehicle repair shall also be performed behind the front yard building line. Only one (1) hobby, race, or rally vehicle repair per lot is permitted at any given time. Any noise audible at the property line associated with the repair shall be restricted to the hours between 8:00 a.m. and 8:00 p.m.

No more than one (1) hobby, race, or rally vehicle per lot shall be permitted in any residential district. Said hobby, race, or rally vehicle shall be located behind the front yard building line and shall be: (1) in an enclosed building, or (2) screened from public view by a landscape buffer or opaque fence.

Along streets and roadways with less than twenty-four (24) feet of improved driving surface, mailboxes serving single-family residences shall not be placed closer than twelve (12) feet from the centerline of the improved surface. An all-weather driving surface of asphalt, concrete crushed stone, or other material as approved by the City shall be placed so as to provide access to the mailbox. Maintenance of the mailbox and driving surface shall be the sole responsibility of the property owner. A light reflective device shall be affixed to each side of the supporting structure of the mailbox which faces in the direction of traffic.

Along streets and roadway[s] with twenty-four (24) feet or more of improved driving surface, mailboxes serving single-family residences may be placed adjacent to the roadway or at the back of the curb.

A building permit shall not be required; however, the location of the mailbox must be approved by the building official or authorized representative prior to construction of the mailbox.

Except as herein provided, every business within the City must be operated out of a permanent, stationary, site-built building. Temporary buildings used for educational purposes by the school district are, however, permissible.

Temporary buildings and building material storage areas to be used for construction purposes may be permitted for a specific period of time in accordance with a temporary permit issued by the building official for a period not exceeding the period of construction. Upon completion or abandonment of construction, such field offices and buildings shall be removed at the owner’s expense.

Temporary buildings for temporary sales offices, and temporary off-street parking areas, may be permitted in conjunction with new home sales. Such uses may not be placed on-site until public improvements are accepted by the City Council, or in the case of developed sites where improvements exist, until a permit is issued. Such structures and parking areas shall be removed when the subdivision is sold out. One temporary sales office is permitted per builder in a subdivision.

It shall be prohibited to place on lots any vehicles, including automobiles, boats, lawn equipment, all-terrain vehicles, or other similar items, for sale or lease, unless the sale of such items are permitted within the district and there is a current certificate of occupancy for the location. Provided however, that this prohibition shall not apply to the sale, by owner, of a private vehicle, boat, trailer, or recreational vehicle, provided such is in operating condition, and when parked, is parked on an all-weather surface on the owner’s residential property.

Portable buildings or structures. including but not limited to cargo boxes or tractor-trailers, are permitted for use as commercial or business operations, and accessory structures for storage for a main business are permitted provided, however, that they meet the following criteria and shall be subject to site plan review and approval:

Every business within the City must provide permanent restroom facilities on-site available for use by the customers of that particular business. Restroom facilities shall be in compliance with all applicable State, County and City building and health code provisions, including restroom facilities for handicapped individuals, for the size and type of business to be conducted at that location.

No person shall conduct outdoor sales either in the open or under a tent or other temporary cover for commercial or business purposes without first obtaining a permit under this section.

Any person desiring to conduct outdoor sales shall apply to the Zoning Official for a permit. The application shall state: the name of the person conducting the activity; the proposed location; the name of the owner of the property where the sales are to be located; the nature of the intended activity; and the proposed dates of use; and other pertinent information on the form. A copy of the activity’s sales tax certificate shall also be submitted prior to issuance of a permit. A site development plan shall also be submitted to the Zoning Official containing all information required by the zoning Ordinance for administrative review. The City reserves the right to require additional information or verifications, such as health permits, depending upon the type of business and regulatory oversight by other governmental entities.

The Zoning Official shall charge and collect a fee before issuance of a permit, in an amount set by the City Council. If the activity ceases, closes, or is terminated for any reason prior to the expiration of the permit, there shall be no refund of the required fee.

Outdoor sales will be allowed for commercial or business purposes only at locations which are properly zoned for the nature of commercial or business activity to be conducted at that location. Further, all outdoor sales activities must comply with the setback requirements, parking requirements and other standards in City Ordinances.

There shall not be more than three (3) permits issued to a person or business, or for a location, within a calendar year, nor shall the aggregate period of outdoor sales within a calendar year exceed seventy-five (75) days.

The permittee must remove all items, tents, and materials used for the conduct of the outdoor sales from the location on or before the final day of the permit period.

All tents or other coverings and materials used for commercial and business purposes must otherwise comply with all applicable fire, safety, and other codes in effect during the dates of the permitted activity.

A copy of the permit shall be conspicuously posted at or upon the entrance to the outdoor sales activity at all hours during the approved dates of the activity.

Any person or entity conducting outdoor sales for commercial or business purposes without complying with this article, or who gives false, misleading, or incomplete information on an application, shall within one (1) day of notice of violation obtain the required permit for a fee in an amount which shall be triple the normal fee, or immediately cease and desist from all activity covered by this article, and remove the outdoor sales activity from the premises before midnight of that day.

Any person conducting outdoor sales on the effective date of this provision is required to be permitted pursuant to this section and must either apply for and receive a permit, or cease the use and remove the activity no later than 5:00 p.m. ninety (90) calendar days after the effective date of this section.

Outdoor sales activities within any parking lot shall not be permitted if the proposed area is not within an enclosed and well-defined area, is within a required parking/paving setback area, reduces the capacity of the parking area below that required by this Ordinance, or occupies an area greater than twenty (20) percent of the ground floor area of the building or tenant space.

This article shall not apply to conducting of outdoor sales or commercial activity by a governmental entity, public utility, or tax-exempt not-for-profit organization formed for education, philanthropic, scientific, or religious purposes, where any proceeds and profits are designed to be contributed to such entity conducting the activity, or where the activity occurs on property owned by a governmental entity. However, such entities and organizations shall comply with all other Ordinances and laws applicable to their activity, and no such activities shall be allowed on the public rights-of-way.

Whenever a structure is erected, converted, or structurally altered for a single-family dwelling, a minimum of 2 parking space[s] shall be provided and maintained on the lot for the building. Such parking spaces shall be arranged on the lot so as to permit satisfactory ingress and egress of an automobile and such parking space shall be in addition to driveway and shall be surfaced and maintained with an all-weather surface such as asphalt, concrete or other similar permanent hard surface material sufficient to prevent mud, dust, loose material, and other nuisances. Parking in the yard is prohibited.

Whenever a structure is erected, converted, or structurally altered for a two-family or multifamily dwelling, two (2) parking spaces shall be provided and maintained on the lot for each dwelling unit in the building. Such parking spaces shall be arranged on the lot so as to permit satisfactory ingress and egress of an automobile and such parking space shall be in addition to driveway and shall be surfaced and maintained with an all-weather surface such as asphalt, concrete or other similar permanent hard surface material sufficient to prevent mud, dust, loose material, and other nuisances. Parking in the yard is prohibited.

Whenever a structure is erected, converted, or structurally altered for a business use (B-1, B-2, B-3, B-4, M-1 or M-2) it shall provide parking spaces and loading berths and shall be surfaced and maintained with an all-weather surface such as asphalt, concrete or other similar permanent hard surface material sufficient to prevent mud, dust, loose material, and other nuisances.

Parking spaces and loading berths required herein, together with aisles and maneuvering areas, enclosed or unenclosed shall be surfaced and maintained with an all-weather surface such as asphalt, concrete or other similar permanent hard surface material sufficient to prevent mud, dust, loose material, and other nuisances. Required spaces and berths shall be connected by an all-weather permanently surfaced driveway to a public street or alley.

In determining the required number of parking spaces, fractional spaces shall be rounded to the next higher whole space. Parking spaces located in buildings used for repair garages or auto laundries shall not be counted as meeting the requirements of minimum off-street parking.

The floor area of buildings already devoted to off-street parking of vehicles shall be excluded from the total floor area when computing requirements for off-street parking.

For sites with more than one (1) use, or for adjacent sites served by a common parking facility, the parking requirements shall be the composite or sum of the requirements for each use or site.

Off-street parking facilities complying with those regulations shall be provided for any new building constructed and for any new use established. Off-street parking facilities complying with these regulations shall be provided for any addition or enlargement of an existing building or use or any change in occupancy or manner of operation that would result in additional parking spaces being required. If sufficient parking does not exist on a lot site, the number spaces required meeting the needs of both the existing and new building or use shall be provided.

Parking facilities being used for off-street parking on the effective date of this Ordinance shall not be reduced in capacity to less than the number of spaces prescribed, or altered in design or function to less than the minimum standards prescribed herein.

All required parking facilities shall be maintained for the duration of the use requiring such areas. Those facilities shall be used for the temporary parking of passenger automobiles, motor vehicles, or light trucks not exceeding one (1) ton in capacity, exclusively. They shall not be used for the sale, display, or storage of merchandise, or for the storage[,] display, or repair of vehicles or equipment.

All required parking facilities shall be located on the same site as the use for which such facilities are required.

The following provisions for off-street parking shall apply to all parking adjacent to a public thoroughfare:

No off-street parking space or loading berth shall be located either in whole or in part of any public street, sidewalk, parkway, alley, or other public right-of-way, or within any fire lane required by Ordinance or code of the City. Maneuvering areas located adjacent to a public street shall be computed from the curb line of the street.

Lighting to the maximum extent, shall be so arranged as to be reflected away from property zoned or used for residential purposes.

No publicly owned property may be considered in determining whether or not any private property meets the parking and loading requirements of this Ordinance.

No entrance or exit to any parking facility for any property in a business or manufacture zoning district shall be located within fifty (50) feet of any intersection of any public streets.

Compact vehicle spaces may be provided in any parking facility required by this regulation; however, no more than twenty-five percent (25%) of the total parking spaces required may be designed for compact vehicles and they must be signed and marked for compact vehicles.

The following design standards shall be observed for off-street parking spaces and loading berths.

All parking space or loading berth shall have adequate drives, aisles, turning and maneuvering space for access and usability, and shall at all times be connected to a public street or alley.

In determining whether to approve an adjustment under this section for parking located in a common, continuous parking facility, intended to meet the needs of all users [sic]. When any adjustment is authorized, off-site parking shall not be permitted.

Safety barriers, protective bumpers, or curbing, and directional markings shall be provided to ensure safety, promote efficient utilization, protect landscaping, and prevent encroachment onto adjoining public or private property.

Visibility of and between pedestrians, bicyclists, and motorists shall be assured when entering individual spaces, when circulating within a parking facility, and when entering or exiting a parking facility.

Internal circulation patterns and the location and direction of all access drives, shall be designed and maintained in accordance with accepted principles of traffic engineering and traffic safety.

The City may approve locating a portion of the required parking for a use on another site when both primary use and the remote parking are located in an area zoned, used, or platted for commercial use.

Off-site parking shall be located within three hundred (300) feet of the use for which it serves, measure[d] as the shortest practical walking distance from the nearest off-site parking space to the nearest entrance of the building or use its serves.

The location of the use and the proposed off-site parking.

Existing and potential parking demand created by other uses in the vicinity.

The characteristics of the use, including employee or customer parking demands, hours of operation and projected convenience and frequency of use of the off-site parking.

Adequacy, convenience, and safety of pedestrians between off-site parking and the use.

Traffic patterns on adjacent streets, and proposed access to the off-site parking.

The report and recommendations of the City Planning and Zoning Commission.

Parking facilities for each use shall be provided in accordance with the minimum requirements as set forth in Table B.

The off-street parking requirements for a use not specifically listed herein shall be the same as required for a use of similar nature as determined by the City.

All commercial or manufacture uses shall provide parking spaces, in addition to those provided herein, to accommodate all trucks and other vehicles used in connection therewith.

Any use that receives or distributes materials or merchandise by vehicle shall provide off-street loading spaces in accordance with the following requirements:

The following shall be applied in computing the number of off-street loading spaces that are required.

At no point on the bounding property line of any use in any district shall the sound pressure level of any use, operation or plant exceed the standards specified in this division. For the purposes of this division, the bounding property line shall be interpreted as being at the far side of any street, alley, stream or other permanently dedicated open space from the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between two (2) parcels of property shall be interpreted as the bounding property line.

The maximum permissible octave band-decibel limits at the bounding property line in any district shall be as shown in the following tables. Sound level may be measured in frequency bands as shown by Table C or by Table D as follows:

The following corrections shall be made to the table of preferred frequencies (Table C) or octave band-decibel limits (Table D) in determining compliance with the noise level standards in any district:

For the purpose of measuring the intensity and frequency of sound, the sound level meter, the octave band analyzer and the impact noises analyzer shall be employed. The flat network and fast meter response of the sound level meter shall be used. Sounds of short duration that cannot be accurately measured with the sound level meter shall be measured with the impact analyzer.

The following uses and activities shall be exempt from the noise level regulations specified in this section:

No operation or use in any district shall cause, create or allow the emission for more than three minutes in any one hour of air contaminants, which at the emission point or with the bounds of the property are:

When the presence of uncombined water is the only reason for failure to comply with subsection (a) of this section, or when such contaminants are emitted inside a building that prevents their escape into the outside atmosphere, the standards in subsection (a) of this section shall not apply.

Open storage and open processing operations (including on-site transportation movements that are the source of wind- or air-borne dust or other particulate matter, and processes involving dust or other particulate air contaminant generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage or sand blasting) shall be so conducted that dust and other particulate matter so generated are not transported across the bounding property line of the tract on which the use is located in concentrations exceeding four grains per one thousand (1,000) cubic feet of air.

No use shall be located or operated in any district that involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located. The odor threshold shall be the concentration of odorous matter in the atmosphere necessary to be perceptible to the olfactory nerve of a normal person.

The odor threshold as set forth in subsection (a) of this section shall be determined by observation by a person. In any case, where uncertainty may arise or where the operator or owner of an odor-emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures as specified by American Society for Testing Materials, ASTMD 1391-57, entitled “Standard Method for Measurement of Odor in Atmospheres” shall be used, and a copy of ASTMD 1391-57 is hereby incorporated into this section by reference.

No use involving the manufacture or storage of compounds or products that decompose by detonation shall be permitted in any district except that chlorates, nitrates, perchlorates, phosphorus, and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the City Manager and the Fire Chief of the City as not presenting a fire or explosion hazard.

No storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents and petroleum products shall be permitted only when such storage or use conforms to the fire code of the City.

No building shall be used for residential purposes, except a watchman may reside on the premises.

No retail sales or services shall be permitted except as incidental to or accessory to a permitted use.

No storage, manufacture, or assembly of goods shall be conducted out of a building unless the nearest point of said activity is more than one hundred (100) feet from the boundary of any Zoning District.

Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon property located in any Residential District.

All manufacturing, fabricating[,] assembly, disassembly, repairing, storing, cleaning, servicing, and testing of goods, water [wares] and merchandise shall be carried on in such a manner as not to be injurious or offensive by reason of the emission or creation of noise, vibration, smoke, dust, or other particle matter, toxic or noxious matter, odors, glare, beat [heat], fire, or explosive hazards.

No activities involving storage, utilization, or manufacture of materials or products which decompose by detonation shall be permitted.

No operation or activity shall cause or create noise in excess of the sound levels prescribed below. In the “M-1” and “M-2” Districts, at no point on or beyond the boundary of any lot shall the sound pressure level resulting from any use, operation, or activity exceed the maximum permitted decibel levels for the designated octave as set forth in Tables G and H below.

No toxic matter, noxious matter, smoke[,] gas, or odorous or particle matter shall be emitted that is detectable beyond the lot lines of the [property] on which the use is located.

Earth-carried vibration shall be limited so that detection by seismograph at any property line of an industrial establishment shall not exceed a value measured and computed as follows:

Exterior lighting fixtures, wherever necessary, shall be shaded to avoid casting direct light upon property located in any Residential District.

The manufacture of flammable materials which produce explosive vapors or gases is prohibited.

No outside storage of equipment and/or material, except equipment in daily use, shall be permitted in such a location where it can be viewed from any public street.

Any operation that produces intense glare or heat shall be performed within a completely enclosed building, and exposed sources of light shall be screened so as not to be detectable beyond the lot lines.

The designation of a use in a zoning district as a special use does not constitute an authorization or assurance that such use will be approved.

Approval of a Special Use Permit shall authorize only the particular use for which the specific Special Use Permit is issued.

No use authorized by a Special Use Permit shall be enlarged, extended or relocated, nor may the number of living unit equivalents be increased, unless an application is made for approval of a new Special Use Permit in accordance with the procedures set forth in this division.

Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the City Code of Ordinances, or any permits required by regional, State and Federal agencies.

The proposed use at the specified location is consistent with the policies embodied in the Comprehensive Plan;

The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;

The proposed use meets all supplemental standards specifically applicable to the use, as established in the Supplementary District Regulations in Article V.

The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods, and (as required by the particular circumstances) includes improvements or modifications (either on-site or within the public rights-of-way) to mitigate development-related adverse impacts, including but not limited to the following:

The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity; and, there are no nuisances attributed to noise, odors, or dust.

A legible and complete application for a permit shall be made at least fifteen (15) business days prior to the date such temporary special event shall commence operation.

The application for a permit shall be submitted to the City of Nolanville, and shall contain the following information in order to be considered complete:

The temporary special event shall be set up and operated in accordance with and pursuant to the approved site plan and any conditions imposed by the permit. Before any modifications, revisions or deletions are made that conflict with the approved site plan including, but not limited to, the addition or removal of signs, concessions[,] vendors, amusements and rides an amended site plan shall be submitted for review and approval three (3) business days prior to commencement or continuation of the event in accordance with and pursuant to the amended site plan. Resubmittals or revised site plans shall be limited to one (1) change per event. Notwithstanding the timely submittal of the amended site plan of the special event shall not be authorized to operate in accordance with and pursuant to said amended site plan until such time as the amended site plan is approved. The amended site plan shall be approved or disapproved no later than three (3) business days after submittal.

A submittal, including a submittal for an amended site plan, shall not be reviewed until it is complete. An amended site plan shall be submitted together with all information, detail and supporting documentation as is required for the initial submission to obtain a permit. In addition, the submission of an amended site plan shall be accompanied by the appropriate fee. Failure to pay the fee or the omission of any component required for an original submittal may result in the delay, denial or revocation of the requested permit and/or amended site plan.

A religious or educational program, presentation or fund-raising event that is contained entirely upon or entirely within the confines of private property and does not require the temporary use of or closing off of public streets, lanes or public property; does not include sales, vendors, or transferring of money; that lasts or runs for no more than eight hours on any one day and is limited to a total of two (2) consecutive days in any calendar month; and, which is planned, presented, performed, offered and sponsored by and for the sole benefit of a nonprofit entity (“exempt event”) shall not be required to obtain a special event permit. The fact that an event or gathering is held on Killeen Independent School District (“KISD”) property does not, in and of itself, make the event or gathering an exempt event. However, any event or gathering that is a component of, and which is specifically related to, the educational mission, programming and curriculum of KISD including KISD sponsored extracurricular activities is an exempt event. Documentation of nonprofit status must be provided to the City.

Safe and orderly movement of normal traffic shall not be substantially interrupted. The City may require the permit holder to provide additional signage for traffic control and safety-related issues, as deemed necessary by staff. If any special event is located adjacent to or abutting a TXDOT-controlled road, a TXDOT sign permit must be obtained and signs must be in place before the event starts. (The specific requirement for TXDOT signs may be waived if staff determines that sufficient traffic-control measures are already in place.)

The temporary special event shall not impede the movement of firefighting equipment, ambulances or any other emergency vehicle.

Waste from nondomestic animals shall be removed daily from the premises which are the subject of the site plan. Animals shall be kept at least three hundred (300) feet away from any residence or commercial establishment during non-operating hours of such event.

The application shall be reviewed and approved or disapproved by the building official, police department, and fire department as well as the City Manager, or his or her duly appointed representative for traffic control, security, fire and other health and safety related issues.

Any person or entity that seeks a permit for an event shall be required to pay all costs and expenses including, but not limited to, labor and overtime costs as well as materials, gasoline and equipment rental or usage incurred by the City to provide on-site police protection for the event and its participants as well as any costs and expenses incurred by the City to erect and take down warning signs, cones and barricades along and about the course to be traveled by the event participants. The City may require that the person or entity seeking a permit or to whom a permit is issued post a cash bond or deposit with the City against which the City may recover all such costs and expenses. Failure to post such a cash deposit or bond may result in the denial of the permit application or revocation of a previously issued permit. Events that are sponsored entirely, or in part, by the City may, in the sole discretion of the City, be exempted from the requirement to post a cash deposit or bond for such City-sponsored event. In the event that security precautions for the event are materially different than those contained in the permit application or in the event public safety is or may be compromised, then such concerns shall first be communicated by a City representative to the permit holder or designee of the permit holder in an effort to expeditiously to resolve any such public safety concerns. In the event such public safety concerns are not adequately addressed, the City Manager or his or her duly appointed representative may revoke the permit.

Only one (1) race or rally upon and across the roads, streets and thoroughfares of the City shall be allowed per day unless otherwise approved by the City. Dates for such races or rallies shall be assigned by the police department and maintained at the Nolanville City Hall. If two (2) or more such race or rally events are planned for the same date, the special event permit will be awarded first to a race or rally event that is sponsored entirely by the City. In all other circumstances, the special event permit shall be awarded to the race or rally event that first submits a fully completed permit application for the date in question.

The permit will be valid for a maximum period of five (5) days. If the permit is issued in conjunction with a seasonal sales permit, this permit shall last for no more than three (3) days and will expire the same day as the seasonal sales permit expires.

It shall be unlawful for any person to “hawk” or wave patrons into a special event.

A special event permit may be denied if:

The City may revoke a special event permit if:

The granting of a special event permit does not relieve the applicant, event operator or property owner from complying with all other provisions of the City’s Code of Ordinances (e.g. tent permits, building permits, electrical permits, food establishment and handling permits). All other permits and licenses required by code or other law for specific activities conducted in conjunction with or as a part of the special event must be applied for separately in a form satisfactory to the City.

A person commits an offense if he/she:

The height of commercial communication towers shall be measured from the average grade of the ground adjacent to the base to the highest point on the structure. If located on a building, the height of the tower shall include the height of the building. Commercial communication towers shall not be subject to the height regulations of the district in which they are located, provided that they shall not encroach into or through any established public or private airport approach path as established by the Federal Aviation Administration.

The principal support structure of all commercial communication towers shall conform to the minimum setback standards of the district in which the use is located. In addition, the following setback standards shall apply to all commercial communication towers:

When a commercial communication tower is proposed in or adjacent to a residential district, it shall be demonstrated that existing or approved commercial communication towers within the proposed service area cannot accommodate the equipment planned to be located on the proposed commercial communications tower. Factors to be considered in evaluating the practicality of siting a tower would include structural capacity, RF interference, geographic service area requirements, and cost (if fees and costs for sharing would exceed the cost of the new tower).

Commercial communication tower peripheral supports and guy anchors may be located within required yard setbacks, provided that they shall be located entirely within the boundaries of the property on which the tower is located and shall be located no closer than five (5) feet from any property line and no closer than twenty (20) feet from a property line if the tower is adjacent to a single-family residential district or residential uses. All commercial communication tower supports and peripheral anchors shall be set back a minimum of fifty (50) feet from any existing or planned street right-of-way line.

All structures accessory to a commercial communication tower, other than peripheral guy anchors, shall conform to the setback standards for the district in which the use is located.

A solid fence or wall of brick, stone or approved masonry construction not less than eight feet in height from finished grade shall be constructed around each commercial communication tower and around each guy anchor, if used. Access to the tower shall be through a locked gate. Barbed wire shall be used along the top of the fence or wall if it is necessary to preclude unauthorized access to the tower.

If high voltage is necessary for the operation of the commercial communication tower and, it is present in a ground grid or in the tower, signs located every twenty (20) feet and attached to the fence or wall shall display in large bold letters the following: “HIGH VOLTAGE - DANGER.”

Commercial communication towers shall comply with screening requirements in that a landscape screen or wall shall be placed around the perimeter of the tower and any accessory structures, including guy anchors, provided that the screening requirement shall be waived when the base of the tower is not visible from adjacent lots or rights-of-way. Landscaping shall be placed on the outside of fences.

Commercial communication towers may be located on lots containing another principal use, and may occupy a leased parcel on a lot meeting the minimum lot size requirement of the district in which it is located. Towers and their associated equipment shall be separated from other structures on the lot by a minimum distance of fifty (50) feet.

Commercial communication towers shall not encroach into or through any established public or private airport approach path as established by the Federal Aviation Administration.

To encourage shared use, all applicants for commercial communication towers shall issue and advertise for a two (2) week period a request for information (RFI) to obtain information from potential lessors.

All obsolete or unused commercial communication towers shall be removed within twelve (12) months of cessation of use.

A commercial communication tower shall comply with current Federal Communications Commission standards for non-ionizing electromagnetic radiation (NIER).

The accessory dwelling shall be located on the same lot/tract as the existing primary dwelling and located in a separate structure.

An accessory dwelling shall not be located on any lot/tract of less than two (2) acres.

No more than one accessory dwelling per tract or lot shall be allowed.

Accessory dwellings shall not be used as rental units.

The accessory dwelling shall be serviced by the same utility meter as the primary dwelling, and the building materials and architecture will be similar to or in concert with the primary dwelling.

The habitable floor area of the accessory dwelling shall not exceed fifty percent (50%) of the habitable floor area of the primary dwelling. The maximum habitable floor area shall not exceed two thousand (2,000) square feet.

An accessory dwelling shall conform to the same side and rear yard setbacks as provided for the primary dwelling in the zoning district in which it is located.

The front setback for an accessory dwelling shall be behind the primary structure at a point not closer than ten (10) feet from the rear wall line of the primary dwelling.

In no case shall the combined area of the primary dwelling, accessory dwelling and/or other accessory buildings exceed the maximum percentage of building coverage allowed for the zoning district in which the structures are located.

Manufactured home parks and manufactured home subdivisions with density exceeding one dwelling unit per two acres shall connect to the sanitary sewer system of the City. Existing manufactured home parks or manufactured home subdivisions shall not be enlarged, expanded or additional manufactured homes permitted unless the same shall be connected to the sanitary sewer system of the City.

Exterior boundaries of manufactured home parks shall be developed with a masonry wall constructed of brick, stone or other approved material having a minimum height of six (6) feet and designed in an irregular or undulating pattern to create an attractive border. The land between the wall and the public street improvements shall be landscaped with street trees and other landscaping materials and shall be maintained by the owner of the manufactured home park.

Notwithstanding any other provision of this Ordinance, manufactured home sites in manufactured home parks and manufactured home lots within manufactured home subdivisions shall be developed according to the dimensional regulations for manufactured home dwellings set forth in ARTICLE IV, DIVISION 7 of this Ordinance.

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

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

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

The relocation of any sexually oriented business.

A sexually oriented business shall be in accordance with the procedures and standards of Ordinance No. 3003-07-20-2009 of the City of Nolanville as Amended [article 4.05 of the Code of Ordinances].

Residential lots shall not be platted into transmission pipeline easements or rights-of-way.

No building, structure, pool or spa shall be constructed in or moved into the transmission pipeline easement or right-of-way.

Limited parallel fencing may be constructed within the transmission pipeline easement or right-of-way. Cross fencing may be constructed, provided that a letter of approval is obtained from the transmission pipeline entity.

The property, if located outside the commercial zone of Business Highway 190, must meet the following criteria:

No side yards are required except that on a corner lot, side yard on a street shall be twenty-five (25) feet. A lot abutting an “R” district shall have a side yard of no less than thirty (30) feet. A rear yard is not required except when it abuts upon an “R” district in which case there shall be a rear yard of not less than thirty (30) feet.

Where any structure is erected, reconstructed or converted for beer and wine retail sales, parking spaces shall be provided in the ratio of not less than one (1) parking spaces for each two hundred (200) square feet of floor space in the building which is used for beer and wine retail sales. Parking areas shall be off-street parking. Such parking space may be located adjacent to the building. Two (2) or more owners may join together to provide the parking space.

No side yards are required except that on a corner lot, side yard on a street shall be twenty-five (25) feet. A lot abutting an “R” district shall have a side yare of no less than thirty (30) feet. A rear yard is not required except when it abuts upon and [an] “R” district in which case there shall be a rear yard of not less than thirty (30) feet.

Where any structure is erected, reconstructed or converted for beer and wine retail sales, parking spaces shall be provided in the ratio of not less than one (1) parking spaces for each two hundred (200) square feet of floor space in the building which is used for beer and wine retail sales. Parking areas shall be off-street parking. Such parking space may be located adjacent to the building. Two (2) or more owners may join together to provide the parking space.

Hours of operation shall be between 6:00 a.m. and 12:00 p.m.

A Tavern shall be restricted to indoor areas, unless in the Special Use Permit application a request is made for outdoor area use. An Outdoor Tavern shall:

No side yards are required except that on a corner lot, side yard on a street shall be twenty-five (25) feet. A lot abutting an “R” district shall have a side yard of no less than thirty-five (35) feet. A rear yard is not required except when it abuts upon and [an] “R” district in which case there shall be a rear yard of not less than thirty-five (35) feet.

Where any structure is erected, reconstructed or converted for beer and wine retail sales, parking spaces shall be provided in the ratio of not less than one (1) parking spaces for each two hundred (200) square feet of floor space in the building which is used for beer and wine retail sales. Parking areas shall be off-street parking. Such parking space may be located adjacent to the building. Two (2) or more owners may join together to provide the parking space.

Hours of operation shall be between 11:00 a.m. and 2:00 a.m.

A Tattoo Studio, Body Piercing Studio, and Smoke Shop shall be restricted to indoor areas.

Hours of operation shall be between 11:00 a.m. and 11:00 p.m.

A gun range (indoor) shall be wholly enclosed in a building that is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line.

Hours of operation shall be between 9:00 a.m. and 9:00 p.m.

A gun range (indoor) shall be wholly enclosed in a building in which in no case shall a projectile penetrate through the building walls.

A gun range (indoor) shall not be located within forty (40) feet of any abutting property line.

Rodeo grounds and livestock pens shall not be located within fifty (50) feet of any property line.

Hours of operation for a rodeo ground shall be between 10:00 a.m. to 9:00 p.m.

There shall be emergency access and adequate parking.

Noise generated by the enterprise may not exceed seventy-five (75) decibels, as measured at the property line.

No odorous or particle matter shall be emitted that is detectable beyond the lot lines of the [property] on which the use is located.

At-home Child Day Care shall be limited to six (6) or fewer children at any one time. The maximum of six (6) children includes the family’s natural or adopted children under the age of fourteen (14).

At-home Child Day Care shall include a fence at least six (6) feet in height along property lines for the outdoor play and instruction area.

At-home Group Day Care shall be limited to six (6) or fewer clients at any one time.

At-home Group day Care shall include a fence at least four (4) feet in height along property lines for the outdoor space.

Sewage Pumping Stations shall not be located within one hundred (100) feet of any property line. Sewage Pumping Stations shall not be located within two hundred and fifty (250) feet of any residential property lot line.

Noise generated by the enterprise may not be detected, as measured at the property line.

No odorous or particle matter shall be emitted that is detectable beyond the lot lines of the [property] on which the use is located.

All Sewage Pumping Stations shall be fully enclosed in a structure. The facility shall be screened from public view by a landscape buffer or opaque masonry fence.

Telephone/Switching/Exchange Buildings shall not be located within twenty-five (25) feet of any property line or within fifty (50) feet of any residential property lot line.

Noise generated by the enterprise may not be detected, as measured at the property line.

No odorous or particle matter shall be emitted that is detectable beyond the lot lines of the [property] on which the use is located.

The facility shall be screened from public view by a landscape buffer or shall be fenced. If a chain-link fence is utilized, a native or adapted vine in at least a five-gallon container shall be planted for every eight linear feet of fence.

Wastewater Treatment Plants shall not be located within three hundred (300) feet of any property line. Wastewater Treatment Plants shall not be located within five hundred (500) feet of any residential property lot line.

Noise generated by the enterprise may not be detected, as measured at the property line.

No odorous or particle matter shall be emitted that is detectable beyond the lot lines of the [property] on which the use is located.

All Wastewater Treatment Plants shall be screened from public view by a landscape buffer or opaque masonry fence.

Water Supply (Elevated Storage Tanks) structures shall not be located within one hundred (100) feet of any property line. Water Supply (Elevated Storage Tanks) structures shall not be located within one hundred (100) feet of any residential property lot line.

Noise generated by the enterprise may not be detected, as measured at the property line.

No odorous or particle matter shall be emitted that is detectable beyond the lot lines of the [property] on which the use is located.

Water Supply (Elevated Storage Tanks) structures shall be fenced. If a chain-link fence is utilized, a native or adapted vine in at least a five-gallon container shall be planted for every eight linear feet of fence.

Water Supply Facilities (Private) shall not be located within one hundred (100) feet of any property line. Water Supply Facilities (Private) shall not be located within one hundred (100) feet of any residential property lot line.

Noise generated by the enterprise may not be detected, as measured at the property line.

No odorous or particle matter shall be emitted that is detectable beyond the lot lines of the [property] on which the use is located.

Water Supply Facilities (Private) shall be fenced. If a chain-link fence is utilized, a native or adapted vine in at least a five-gallon container shall be planted for every eight linear feet of fence.

Any Slaughterhouse shall not be located within five hundred (500) feet of any property line. Any Slaughterhouse shall not be located within one thousand (1000) feet of any residential property lot line.

Noise generated by the enterprise may not be detected, as measured at the property line.

No odorous or particle matter shall be emitted that is detectable beyond the lot lines of the [property] on which the use is located.

Slaughterhouse operations must be conducted in a fully enclosed structure.

All Slaughterhouse facilities shall be screened from public view by a landscape buffer or opaque fence.

The Residential Loft shall be located on the same lot/tract as the existing primary dwelling and located in the same structure.

The habitable floor area of the Residential Loft shall not exceed fifty percent (50%) of the habitable floor area.

Noise generated by the enterprise may not be detected, as measured at the property line.

No odorous or particle matter shall be emitted that is detectable beyond the lot lines of the [property] on which the use is located.

Minimum lot area is one (1) acre.

A family or group home or home for the aged is limited to six (6) or fewer residents at any one time.

A family or group home shall include a fence at least four (4) feet in height along property lines for an outdoor space.

Adequate off-street parking is required for all staff members and visitors at all times.

Mixed use developments shall be required to provide a conceptual plan drawn to scale that identifies the following:

Land uses shall be mixed vertically, integrating a 50/50 mix of residential and retail, with retail being required on the lower level. The percentage ratio shall be provided on the conceptual plan.

Maximum building size is 10,000 square feet;

Outdoor seating areas, if present, and parking shall be set back at least 50 feet and physically separated from any residentially used or zoned property and screen by a wall or fence;

Facility must provide a customer component which may include a retail storefront, tasting/tap room, or a food or beverage servicing area;

Breweries, wineries, and distilleries shall be required to provide a conceptual plan drawn to scale to identify the following:

The designation of a use in a zoning district as a Conditional Permitted Use does not constitute an authorization or assurance that such use will be permitted.

Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the City Code of Ordinances, or any permits required by regional, State and Federal agencies.

The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;

The proposed use is consistent with required conditions of this division;

The proposed use meets all supplemental standards specifically applicable to the use, as established in the Supplementary District Regulations in Article V.

Such accessory uses shall be limited to those customarily associated with and appropriate, incidental and subordinate to the principal use.

Such accessory uses shall be located on the same lot or tract as the associated principal use.

Such accessory uses shall be controlled in the same manner as the associated principal use, except as otherwise expressly provided in this Ordinance.

Such accessory uses shall not permitted without a primary use.

The batching plant site shall comply with all applicable provisions of City, State and Federal laws.

The batch plant shall not be located within six hundred (600) feet of an inhabited residence.

Hours of operation will be limited to Monday through Friday, 7:00 a.m. to 7:00 p.m. and Saturday, 9:00 a.m. to 5:00 p.m. Aggregate trucks shall be prohibited from hauling to or from the site on Saturday.

The batch plant permit shall be valid for a three (3) month period.

No portion of the batch plant or its operation shall be located on a public or private street, or on land dedicated to the City for parks and open space.

The batch plant shall only furnish concrete, asphalt, or both, to the specific project for which the temporary permit is issued. The placement of a temporary batching plant for a private project is restricted to the site of the project.

The temporary plant shall be operated in a manner that eliminates unnecessary dust, noise and odor (as illustrated by, but not limited to, covering trucks, hoppers, chutes, loading and unloading devices and mixing operations, and maintaining driveways and parking areas free of dust).

The site must be clear of all equipment, material and debris upon completion of the project.

All public improvements that are damaged during the operation of the temporary batching plant must be repaired or replaced within thirty (30) days of completion of the project.

Upon expiration of the temporary permit and cessation of activities, the City Building Official shall walk the site to verify compliance with these special conditions.

No residential building or school facility shall be constructed within one hundred (100) feet of the edge of the right-of-way or easement for a high voltage electrical transmission line.

No building located in the B-1: Professional Business District zoned tract of land or any allowable use permitted thereunder, regardless of zoning district, shall be located within fifty (50) feet of the edge of the right-of-way or easement for a high voltage electrical transmission line.

Except as otherwise provided in subsection (b) of this section, no nonresidential building shall be located within the right-of-way or easement for a high voltage electrical transmission line.

A garage sale shall only be permitted as a temporary accessory use to a single-family detached, duplex or single-family attached dwelling.

An individual garage sale shall not exceed three (3) consecutive days.

The number of garage sales shall be limited to four (4) per year per household.

A home-based business shall be permitted only when it is an accessory use to a detached single-family dwelling unit.

A home-based business shall not involve any external structural alteration of the main building.

A home-based business shall be conducted wholly within the main building, and not in any accessory building. The total floor area to be used for a home-based business shall not exceed twenty percent (20%) of the total floor area of the main building, including garages. Notwithstanding the above, instructional classes may be held outside of the main building, providing a maximum of six (6) students may be allowed in each session and other stipulations of this section are met.

Only one (1) employee other than occupants of the residence may be employed in the home occupation. A person who receives a wage, salary or percentage of the profits directly related to the home-based business shall be considered an employee for the purposes of this section, provided that this definition shall not include the coordination or supervision of employees who do not regularly visit the dwelling for purposes related to the business.

No outdoor storage of materials, goods, supplies or equipment shall be allowed.

A home-based business shall not involve more than four (4) patrons on the premises at one time.

Any outdoor activities associated with a home-based business shall be screened from the neighboring property by a solid fence of at least six (6) feet in height.

A home-based business may include the sale of products on the premises, provided that compliance is maintained with all other conditions specified in this section.

A home-based business shall produce no offensive noise, vibration, smoke, electrical interference, dim [sic] odors or heat in excess of those normally found in residential areas. No toxic, explosive, flammable, combustible, corrosive, radioactive, or other hazardous materials shall be used or stored on the site for business purposes.

A home-based business shall not include the physical or medical treatment of persons or animals, beauty shops, dance studios, carpenter shops, electrical shops, massage establishments, plumber shops, heating and air conditioning shops, radio shops, auto repairing or painting, furniture repairing, sign painting or similar activities.

Off-street parking must be provided for and utilized by nonresident employee if applicable.

The use shall not occupy more than five hundred (500) square feet and shall not occupy any parking area required for the primary use.

The use shall employ no mechanical sorting or processing equipment.

The use shall be maintained free of litter, debris and residue on a daily basis.

Containers shall be durable and covered.

The name and phone number of a responsible party shall be clearly posted.

A portable building may be used on a temporary basis as a refreshment stand for a period not to exceed four (4) months on the same lot or parcel within any consecutive twelve (12) month period, measured from the date of the issuance of the temporary permit.

It shall be the responsibility of the applicant to comply with all provisions of this section.

A deposit in a sum [of] two hundred twenty-five dollars ($225.00) shall be required at the time the temporary permit for the refreshment stand is obtained to ensure the removal of the stand if the use is discontinued and the stand is not removed from the site within ten days of the expiration or abandonment of the permit. Such deposit will be refunded once the stand has been removed, and all other requirements have been met.

All other applicable permits must be obtained.

A refreshment stand and all appurtenances thereto, shall comply with all applicable requirements of the district in which it is located. Such facility shall not be required, however, to meet the landscaping, exterior masonry or underground utility requirements of the applicable zoning district.

A refreshment stand may be located on parking spaces, provided that such spaces are not necessary to meet the minimum parking requirements of the other uses on the lot or parcel.

A refreshment stand in a portable building shall not be located within, nor encroach upon, a fire lane, maneuvering aisle, vehicle stacking space or required landscaping areas of the lot or parcel upon which the facility is placed. The location of such facility shall comply with all visibility obstruction regulations of the City.

A site plan shall be submitted providing a well-delineated “safety” area to keep vehicles from entry into the stand and table area; such site plan shall be reviewed and approved by the building official.

Temporary use permits shall be issued only for the following types of temporary seasonal sales uses: Christmas tree sales and pumpkin sales.

A temporary permit for Christmas tree sales shall only be issued for the period from Thanksgiving Day through the day after Christmas Day. A temporary permit for pumpkin sales shall only be issued for the months of September, October and November.

The use shall not involve more than one tent or temporary building on a lot.

The applicant shall have written permission from the property owner.

No structure or activity relating to the use shall be located within the required yard setbacks.

Each builder shall be allowed a maximum of one (1) model homes per subdivision, subject to the limitations set forth in subsection (b) of this section.

No more than three (3) model homes shall be allowed in any one (1) subdivision.

No model home may be constructed prior to the issuance of a building permit by the City.

No model home shall be sold until a final certificate of occupancy has been issued for the structure and a final acceptance of subdivision improvements is obtained from the City in accordance with the rules, regulations and Ordinances of the City.

The developer/owner shall file a hold harmless agreement with the City agreeing to fully release the City from all claims, suits, judgments and demands against the City which have accrued or which may accrue, and to hold the City harmless from all claims, suits, judgments and demands against the City, either severally or jointly, which have accrued or which may accrue as a result of the improvements, including sidewalks, streets, water and sewer lines, installation of electricity and other utilities, not having been fully inspected and improved by the City.

The hold harmless agreement shall also indicate that the City shall assume no liability for the development or construction of the development or the improvements. The City only grants permission for the construction and showing of the model homes and in no way shall be held liable for the development of the development or for any injury or damages which may result from the improvements, including those mentioned in subsection (e) of this section, not having been fully inspected and accepted by the City.

Where any structure is erected, reconstructed or converted for beer and wine retail sales, parking spaces shall be provided in the ratio of not less than one (1) parking spaces for each two hundred (200) square feet of floor space in the building which is used for beer and wine retail sales. Parking areas shall be off-street parking. Such parking space may be located adjacent to the building. Two (2) or more owners may join together to provide the parking space.

No side yards are required except that on a corner lot, side yard on a street shall be twenty-five (25) feet. A lot abutting an “R” district shall have a side yard of no less than thirty (30) feet. A rear yard is not required except when it abuts upon and [an] “R” district in which case there shall be a rear yard of not less than thirty (30) feet.

Open Storage/Outside Storage shall not be located within one hundred (100) feet of any property line. Open Storage/Outside Storage shall not be located within two hundred and fifty (250) feet of any residential property lot line.

Noise generated by the enterprise may not be detected, as measured at the property line.

All Open Storage/Outside Storage facilities shall be screened from public view by a landscape buffer or opaque masonry fence.

The purpose of this division is to facilitate the siting, installation, and construction of small and medium wind energy conversion units within the City, subject to reasonable restrictions, which will preserve the health and safety of the public, ensure compatibility with surrounding land uses, and provide guidelines in the protection of listed species.

The requirements of this division apply within the City where all wind energy conversion units used to generate electricity or perform work that may be connected to a utility grid, serve as an independent source of energy, or serve as a hybrid system.

Wind energy units in place prior to the effective date of this Ordinance as amended, are not required to meet the requirements of this division, however, any pre-existing wind energy unit that is not producing energy for a continuous period of six (6) months must meet the requirements of this division prior to recommencing production of energy.

Any physical modification to an existing and permitted wind energy unit that materially alters the size, type, power output, or number of wind energy units, or other equipment, requires a permit modification from the City.

Accessory use for this division refers to the stipulation that the energy generated by a wind energy unit must be used on-site and any additional energy produced above the total on-site demand can only be sold to an electrical utility that normally provides electrical power to the property.

The leasing of land or establishment of wind energy units on land for the commercial sale of wind energy is prohibited within the City limits.

All required setbacks of this Ordinance are measured from the property line or utility easement, if present and applicable.

If an applicant is able to present evidence that the proposed wind energy system has been engineered with a break-point along the tower, the City may determine that the measurement of the length of the longest segment following a break at the break-point can be used in determining the fall radius and setback.

All applications for wind energy units as a permitted-by-right use are subject to permit review and the requirements of this division.

No wind energy unit may be located in any required front or side setback, or located in front of the front setback of the principal residential, commercial, agricultural, rural, or industrial building on the lot served by the wind energy unit.

The blade tip of any wind energy unit at its lowest point, must have a ground clearance of no less than twelve (12) feet for a vertical axis wind energy unit, and twenty-five (25) feet for a horizontal axis wind energy unit, as measured at the lowest point of the turbine unit for a vertical axis unit, or lowest point of the arc of the blades for a horizontal axis unit.

Each wind energy unit must be set back a minimum distance of one hundred percent (100%) of the total unit height from any right-of-way, or public or private easement where above-ground structures or utility lines exist, or are likely to exist, without proof of the consent of the easement owners.

The maximum height of any structurally mounted or freestanding wind energy unit will be dependent upon the results of the structural engineering plans approved by a registered professional engineer in Texas.

Maximum heights for all wind energy units may not exceed the manufacturer’s height recommendations for the unit.

Wind energy units are allowed as an accessory use to a building or structure requiring energy only in the Districts listed below and as a permitted-by-right use on platted lots as follows:

The following wind energy units are prohibited in all zoning districts:

The wind energy unit may not adversely affect the uses of adjoining and adjacent properties.

All wind energy units must be approved under an Emerging Technology program, such as the California Energy Commission, IEC, or any other small and medium wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy.

All wind energy units require a Building Permit and Electrical Permit by the City. The Building Permit and Electrical Permit must be issued prior to the mounting, pouring of a concrete pad, or construction and assembly of the wind energy unit. All wind energy units must be inspected by the City’s Building and Electrical Inspectors.

The applicant’s submittal for a Building Permit and Electrical Permit must demonstrate compliance with the following standards under this section.

All wind energy units and associated components, including, but not limited to, generator, rotor blades, or other components and covers, must be constructed of materials and be installed to meet or exceed the minimum wind-resistant construction standards of the State Wind Load Factors for the Nolanville area and the City Building Code.

All wind energy units must have automatic and manual braking systems that engage at the maximum wind speeds allowable as designated for the type of wind energy unit in order to prevent uncontrolled rotation and excessive pressure on the tower structure, rotor blades, turbine components, and supporting and mounting structures.

The owner and operator of a wind energy unit must maintain the unit to manufacturer standards. All required periodic maintenance must be performed as recommended by the manufacturer.

All wind energy units must maintain a non-reflective finish. Advertising or identification of any kind on wind energy conversion units is prohibited.

All electrical wires associated with a freestanding wind energy conversion unit must be located on or within the tower or supporting structure in a manner that minimizes their visibility, and must be installed in compliance with the City Electrical Code. All transmission wires must be installed underground and comply with the City Electrical Code. Wind energy units may not be artificially lighted, unless requested or required by the Federal Aviation Administration.

All electrical and mechanical equipment associated with a wind energy unit must meet the Base Flood Elevation requirements of the City.

All proposed wind energy units are subject to the FAA’s requirements.

Wind energy units proposed within military Accident Potential Zones, Air Installation Compatibility Use Zones, or that may interfere with military or civilian Navaid or defense radar systems will require review by the Federal Aviation Administration.

All proposed wind energy units are subject to review by State and Federal agencies responsible for the protection of listed species, migratory bird species, wetlands, and State waters. Permit review may require proof of consultation with jurisdictional agencies and additional biological assessments may have to be performed on the proposed site if it is determined by the reviewing agency that protected species are likely to be impacted on the site.

The wind energy unit is presumed to be at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months.

The property owner or operator shall, at its sole expense, complete decommissioning of the wind energy unit within six months from the time it is determined that the wind energy unit has met the end of its useful life.

Decommissioning must include removal of the entire wind energy unit, including buildings, cabling, electrical components, and any other associated facilities.

Any disturbed earth must be graded and re-seeded.