Palestine City Zoning Code
ARTICLE II
ZONING DISTRICTS AND USE REGULATIONS
DIVISION 4. - SUPPLEMENTARY USE REQUIREMENTS[1]
Editor's note— Sec. 2, Exh. B of Ord. No. O-14-25, adopted March 24, 2025, amended div. 4 in its entirety to read as herein set out. Former div. 4 pertained to the same subject matter, and derived from Ord. No. O-20-20, adopted September 14, 2020; Ord. No. O-18-21, adopted January 25, 2021.
Sec. 39.2.1-1. - Zoning districts established.
In order to classify, regulate, and restrict the use of land, water, buildings, and structures; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and other open spaces about buildings; to regulate the intensity of land use; and to promote the orderly urban growth within the corporate area of the City of Palestine, Texas, the following zoning districts are established:
Central business (CB). The CB district is established to allow a central place for civic activity in Palestine as well as to preserve the unique character it contains in a wide range of mixed uses that include potential historical structures, older single-family residences, in a manner that distinguishes it from neighboring communities. The regulations in this section are intended to encourage a relatively dense mix of residences and businesses that create a built environment which is both aesthetically pleasing, and which encourages walkability and public gatherings.
Highway commercial (HC). The HC district is established to allow a wide array of primarily retail and service uses to a large trading area for persons residing in and/or traveling through the Palestine. Such uses shall be located and designed in such a manner so as to promote aesthetics, the safe and efficient movement of traffic, and to not unduly burden adjoining thoroughfares.
Industrial (I). The I district is established to allow most industrial and manufacturing uses, provided such use is not noxious or offensive by reason of emission of odors, soot, dust, noise, fumes, or vibrations.
Mixed residential (MR). The MR district is established to allow a mix of single-family, duplex, zero lot line, multifamily dwellings on lots 6,000 square feet or larger. This district is intended to provide high-density, mixed residential neighborhoods along with customary accessory uses.
Mixed use neighborhood (MUN). The MUN district is established to allow a mixture of residential, recreational, office, retail, public and institutional uses in a traditional neighborhood pattern.
Manufactured housing and mobile home park (MHP). The MHP district is established to allow for the proper location and planning of attractive manufactured home park developments. Development standards and requirements are included. For the purpose of occupancy, all manufactured homes, mobile homes, and trailers, other than in the AG and RE districts shall be located within a mobile home park within the MHP district.
Residential estate (RE). The RE district is established to allow for larger, single-family dwellings on large lots. This district is intended to provide a more rural setting.
Retail commercial (RC). The RC district is established to allow a variety of low intensity retail uses, office uses, and higher density multifamily uses. In addition, this district can create areas to serve as transitional buffers between residential districts and commercial districts, the number and type of retail uses permitted is limited. The primary purpose of this district is to accommodate existing and new retail, office and institutional areas.
Planned development (PD). The PD district is established to allow an alternative to conventional development by permitting flexibility in the regulations for development by authorizing planned development districts (PD). The purpose in allowing this alternative is to encourage:
•
Innovation in land development in terms of variety, design, layout, and type of structures constructed;
•
Adaptive re-use of significant or historic buildings;
•
Mixing compatible uses;
•
Preservation of significant natural features, open space, and cultural/historic resources;
•
Development that is consistent with the character of the community;
•
Efficient provision of public services and utilities; safe and efficient pedestrian access and circulation;
•
Development of convenient recreational facilities;
•
The use and improvement of land where site conditions make development under conventional zoning difficult or less desirable.
Suburban residential (SR). The SR district is established to allow single-family dwellings on lots 10,000 square feet or larger. This district is intended to provide low-density residential neighborhoods along with their customary accessory uses.
Urban residential (UR). The UR district is established to allow for single-family dwellings on lots 7,500 square feet or larger. This district is intended to provide medium density neighborhoods along with their customary accessory uses.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.1-2. - Zoning district map.
The official zoning map, also known as the "city zoning map," or "zoning map," is adopted and is declared to be a part of this zoning ordinance. This map shall be kept on file in the office of the administrator and shall be available for public inspection during regular office hours. The zoning map shall be identified by the signature of the mayor, attested by the city secretary, and bearing the seal of the city under the following words: "this is The Official Zoning Map as adopted by part of Ordinance No. O-20-20 on September 14, 2020, by the City Council of the City of Palestine, Texas."
Amendments to the zoning map shall become effective after approval by the city council. The zoning map will be periodically updated to reflect amendments. Updated zoning maps shall also be identified by the signature of the mayor attested by the city secretary and bearing the seal of the city under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as a part of the Zoning Ordinance of the City of Palestine, Texas."
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.1-3. - Interpretation of zoning district boundaries.
The boundaries of each district are designed and established as shown on the zoning map of the City of Palestine, Texas. The regulations of this ordinance [chapter] governing the use of land and water and buildings, the height of buildings, lot areas, setbacks, lot coverage, parking and loading requirements are hereby included within the boundaries of each and every district shown upon the zoning map. When uncertainty exists as to the boundaries of the various districts on the zoning map, the following rules shall apply:
(1)
When the district boundaries are roads or streets or alleys, shown as centerlines or parallel lines, and where the designation of the district map indicates that the various districts are bounded by a road or street line, the center line of the road or street or alley shall be construed to be the district boundary line.
(2)
Where the district boundaries indicated follow platted lot or tract lines, the district boundaries shall be construed to follow the lot or tract lines.
(3)
Where the district boundaries indicated appear to follow city limit boundaries, the district boundaries shall be construed to follow the city limit boundaries.
(4)
Where district boundaries are indicated as dividing a lot or tract, the district boundaries shall be decided upon by the city manager or his/her designee as follows:
(a)
The district with more restrictive regulations shall apply to the entire lot/tract (example: if the lot/tract is divided into a residential district and a commercial district, then the residential district shall apply to the entire lot; or if the lot/tract is divided between SR and MR districts then the SR district will apply to the entire lot/tract); or if the applicant/property owner chooses to, then by:
(b)
The city council through the city's rezoning process described in this ordinance [chapter].
(5)
Where boundaries follow the shoreline of a stream, lake, or other body of water, they shall be construed to follow the centerline of streams, rivers, drainage ditches, or other bodies of water.
(6)
Where the application of these rules leaves a reasonable doubt as to the boundaries between districts, the city council shall interpret the boundary location through the city's rezoning process described in this ordinance [chapter].
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.1-4. - Zoning of annexed land.
All land and water areas annexed to the city shall be designated as RE on the zoning map until a different zoning designation is approved by the city council. A zoning map amendment can be reviewed concurrently along with annexation proceedings; however, the annexation approval must occur prior to approval of the amendment to the zoning map.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.1-5. - Areas not included within a zoning district.
(1)
Areas not included. In every case where land has not been included within a district on the zoning map, the land is determined to be in the RE zoning district until a different zoning designation is approved by the city council.
(2)
Vacated areas. When a street, alley, or other public way is vacated by governmental action, and when the lands within the boundaries of such a facility are attached to and become a part of the lands adjoining the vacated street, alley, or public way, the lands formerly within the boundaries of the facility shall be subject to the same zoning regulations as apply to the adjoining lands. A zoning map amendment can be reviewed concurrently along with vacation proceedings; however, the vacation approval must occur prior to approval of the amendment to the zoning map.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.2-1. - Residential estate district (RE).
(1)
Purpose. The RE - Residential estate district is intended for larger, single-family dwellings on large lots. This district is intended to provide a more rural residential setting and preservation of open space and country living. This district may allow cluster of housing as along as overall density follows the spatial requirements and the visual from major thoroughfares is of rural countryside.
(2)
Allowed uses. Buildings or land shall not be used, and buildings shall not be erected, except for the following specified uses, unless otherwise provided for in this ordinance [chapter]. Land and/or buildings in this district may be used as shown in section 39.2.2-13 as denoted by the following abbreviations:
(a)
Permitted use (P). Land and/or buildings in this district may be used by right, subject to all other applicable provisions of this ordinance [chapter] and subject to article II, division 4.
(b)
Specific use (S). Land and/or buildings are subject to article II, division 4. and will be reviewed and permitted in accordance with article IV, division 3, section 39.4.3-2 of this ordinance [chapter].
(c)
Not permitted. Blank cells indicate that a use is not permitted within the zoning district.
(3)
Accessory uses. Accessory use of land shall not exceed 25 percent of the total land area.
(a)
Accessory use shall be determined based on the definition of accessory use in article V.
(b)
Accessory structures shall also be subject to the requirements of section 39.2.2-15.b. below, section 39.2.2-13 and section 39.2.4-2.
(c)
A secondary dwelling unit or mother-in-law suite shall be allowed as an accessory use in this district, subject to:
i.
Be limited to one such use per lot and to a maximum floor area of 800 square feet or 40 percent of the net floor area of the single detached dwelling to which it is accessory, whichever is less; and
ii.
Not be located where there is a residential care use, supportive recovery use or boarding use on the lot.
(4)
Other requirements. Land and/or buildings in this district shall be subject to all the requirements of this ordinance [chapter], specifically:
(a)
Parking and loading: See article III, division 3.
(b)
Landscaping and tree preservation: See article III, division 4.
(c)
Screening and fencing: See article III, division 5.
(d)
Signs: Temporary signage for seasonal sale of products will be allowed in accordance with article III, division 6.
(e)
Outdoor storage: Is not allowed in the front yard or street side yard except when screened from the street/right-of-way with berms, natural vegetation, or a solid screen or fence. All outdoor storage shall also comply with section 39.2.4-35.
(5)
Alternatives. If a property owner wishes to develop property in this district in a manner other than as described, following options are available through a site plan approval process:
(a)
Cluster development: Residential units maybe allowed if it meets the following regulations:
i.
Fifty percent of the land is open space; and
ii.
Residential uses are screened from thoroughfares using trees and other landscaping to ensure a rural setting.
(b)
Principle dwelling and/or accessory use in residential estate district may use shipping containers or tiny house, subject to requirements in section 39.2.4-45 and if the structures are screened from thoroughfares using trees and other landscaping to ensure a rural setting.
(6)
Spatial requirements.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.2-2. - Suburban residential district (SR).
(1)
Purpose. The SR - Suburban residential district is intended to provide a location for medium density single-family residential development.
(2)
Allowed uses. Buildings or land shall not be used, and buildings shall not be erected, except for the following specified uses, unless otherwise provided for in this ordinance [chapter]. Land and/or buildings in this district may be used as shown in section 39.2.2-13 as denoted by the following abbreviations:
(a)
Permitted use (P). Land and/or buildings in this district may be used by right, subject to all other applicable provisions of this ordinance [chapter] and subject to article II, division 4.
(b)
Specific use (S). Land and/or buildings are subject to article II, division 4, and will be reviewed and permitted in accordance with article IV, division 3, section 39.4.3-2 of this ordinance [chapter].
(c)
Not permitted. Blank cells indicate that a use is not permitted within the zoning district.
(3)
Accessory uses. Accessory use of land shall not exceed 25 percent of the total land area.
(a)
Accessory use shall be determined based on the definition of accessory use in article V.
(b)
Accessory structures shall also be subject to the requirements of section 39.2.4-2.
(c)
A secondary dwelling unit or mother-in-law suite shall be allowed as an accessory use in this district, subject to:
i.
Be limited to one such use per lot and to a maximum floor area of 800 square feet or 40 percent of the net floor area of the single detached dwelling to which it is accessory, whichever is less;
ii.
Not be located where there is a residential care use, supportive recovery use or boarding use on the lot; and
iii.
May use tiny house, subject to requirements in section 39.2.4-45.
(4)
Other requirements. Land and/or buildings in this district shall be subject to all the requirements of this ordinance [chapter], specifically:
(a)
Parking and loading: See article III, division 3.
(b)
Landscaping and tree preservation: See article III, division 4.
(c)
Screening and fencing: See article III, division 5.
(d)
Signs: Temporary signage for seasonal sale of products will be allowed in accordance with article III, division 6.
(e)
Outdoor storage: Is not allowed in the front yard or street side yard. All outdoor storage shall also comply with section 39.2.4-35.
(f)
Shipping/cargo containers for primary and/or accessory uses are not allowed in this district.
(g)
Tiny houses are not permitted for a primary use in this district.
(5)
Spatial requirements.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.2-3. - Urban residential district (UR).
(1)
Purpose. The UR - Urban residential district is intended to provide a location for high density single-family residential uses.
(2)
Allowed uses. Buildings or land shall not be used, and buildings shall not be erected, except for the following specified uses, unless otherwise provided for in this ordinance [chapter]. Land and/or buildings in this district may be used as shown in section 39.2.2-13 as denoted by the following abbreviations:
(a)
Permitted use (P). Land and/or buildings in this district may be used by right, subject to all other applicable provisions of this ordinance [chapter] and subject to article II, division 4.
(b)
Specific use (S). Land and/or buildings are subject to article II, division 4, and will be reviewed and permitted in accordance with article IV, division 3, section 39.4.3-2 of this ordinance [chapter].
(c)
Not permitted. Blank cells indicate that a use is not permitted within the zoning district.
(3)
Accessory uses. Accessory use of land shall not exceed 25 percent of the total land area.
(a)
Accessory use shall be determined based on the definition of accessory use in article V.
(b)
Accessory structures shall also be subject to the requirements of subsection 39.2.2-3(5) below and section 39.2.4-2.
(c)
A secondary dwelling unit or mother-in-law suite shall be allowed as an accessory use in this district, subject to:
i.
Be limited to one such use per lot and to a maximum floor area of 450 square feet or 25 percent of the net floor area of the single detached dwelling to which it is accessory, whichever is less;
ii.
Not be located where there is a residential care use, supportive recovery use or boarding use on the lot; and,
iii.
May use tiny house, subject to requirements in section 39.2.4-45.
(4)
Other requirements. Land and/or buildings in this district shall be subject to all the requirements of this ordinance [chapter], specifically:
(a)
Parking and loading: See article III, division 3.
(b)
Landscaping and tree preservation: See article III, division 4.
(c)
Screening and fencing: See article III, division 5.
(d)
Signs: Temporary signage for seasonal sale of products will be allowed in accordance with article III, division 6.
(e)
Outdoor storage: Is not allowed in the front yard or street side yard. All outdoor storage shall also comply with section 39.2.4-35.
(f)
Shipping/cargo containers for primary and/or accessory uses are not allowed in this district.
(g)
Tiny houses are not permitted for a primary use in this district.
(5)
Alternatives. Duplex or townhouse/zero lot line residential maybe allowed in this district through a specific use permit.
(6)
Spatial requirements.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.2-4. - Mixed residential district (MR).
(1)
Purpose. The MR - Mixed residential district is intended to provide a location for an urban small town neighborhood with a variety of residential options in a higher density environment to allow for common public open space and amenities.
(2)
Allowed uses. Buildings or land shall not be used, and buildings shall not be erected, except for the following specified uses, unless otherwise provided for in this ordinance [chapter]. Land and/or buildings in this district may be used as shown in section 39.2.2-13 as denoted by the following abbreviations:
(a)
Permitted use (P). Land and/or buildings in this district may be used by right, subject to all other applicable provisions of this ordinance [chapter].
(b)
Specific use (S). Land and/or buildings are subject to article II, division 4, and will be reviewed and permitted in accordance with article IV, division 3, section 39.4.3-2 of this ordinance [chapter].
(c)
Not permitted. Blank cells indicate that a use is not permitted within the zoning district.
(3)
Accessory uses. Accessory use of land shall not exceed 25 percent of the total land area.
(a)
Accessory use shall be determined based on the definition of accessory use in article V.
(b)
Accessory structures shall also be subject to the requirements of section 39.2.4-2.
(c)
A secondary dwelling unit or mother-in-law suite shall be allowed as an accessory use to single family and/or duplex residential primary use in this district, subject to:
i.
Be limited to one such use per lot and to a maximum floor area of 450 square feet or 25 percent of the net floor area of the single detached or duplex dwelling to which it is accessory, whichever is less;
ii.
Not be located where there is a residential care use, supportive recovery use or boarding use on the lot; and,
iii.
May use tiny house, subject to requirements in section 39.2.4-45.
(4)
Other requirements.
(a)
Site design standards: See article III, division 1.
(b)
Building design standards: See article III, division 2.
(c)
Parking and loading: See article III, division 3.
(d)
Landscaping and tree preservation: See article III, division 4.
(e)
Screening and fencing: See article III, division 5.
(f)
Signs: Temporary signage for seasonal sale of products will be allowed in accordance with article III, division 6.
(g)
Outdoor storage: Is not allowed in this district.
(h)
Shipping/cargo containers for primary and/or accessory uses are not allowed in this district.
(i)
Tiny houses are not permitted for a primary use in this district.
(5)
Spatial requirements.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.2-5. - Mixed use neighborhood district (MUN).
(1)
Purpose. The MUN - Mixed use neighborhood district is intended to provide a mixture of residential, recreational, office, retail, public and institutional uses in a traditional neighborhood pattern.
(2)
Allowed uses. Buildings or land shall not be used, and buildings shall not be erected, except for the following specified uses, unless otherwise provided for in this ordinance [chapter]. Land and/or buildings in this district may be used as shown in section 39.2.2-13 as denoted by the following abbreviations:
(a)
Permitted use (P). Land and/or buildings in this district may be used by right, subject to all other applicable provisions of this ordinance [chapter] and subject to article II, division 4.
(b)
Specific use (S). Land and/or buildings are subject to article II, division 4. and will be reviewed and permitted in accordance with article IV, division 3, section 39.4.3-2 of this ordinance [chapter].
(c)
Not permitted. Blank cells indicate that a use is not permitted within the zoning district.
(3)
Accessory uses. Accessory use of land shall not exceed 25 percent of the total land area.
(a)
Accessory use shall be determined based on the definition of accessory use in article V.
(b)
Accessory structures shall also be subject to the requirements of section 39.2.4-2.
(c)
A secondary dwelling unit or mother-in-law suite shall be allowed as an accessory use to single-family and/or duplex residential primary use in this district, subject to:
i.
Be limited to one such use per lot and to a maximum floor area of 450 square feet or 25 percent of the net floor area of the single detached or duplex dwelling to which it is accessory, whichever is less; and,
ii.
Not be located where there is a residential care use, supportive recovery use or boarding use on the lot; and,
iii.
May use tiny house, subject to requirements in section 39.2.4-45.
(4)
Other requirements.
(a)
Site design standards: See article III, division 1.
(b)
Building design standards: See article III, division 2.
(c)
Parking and loading: See article III, division 3.
(d)
Landscaping and tree preservation: See article III, division 4.
(e)
Screening and fencing: See article III, division 5.
(f)
Signs: Temporary signage for seasonal sale of products will be allowed in accordance with article III, division 6.
(g)
Outdoor storage: Is not allowed in this district.
(h)
Shipping/cargo containers for primary and/or accessory uses are not allowed in this district.
(i)
Tiny houses are not permitted for a primary use in this district.
(j)
Where termination of the nonconforming use occurs, any future use of the property must conform to the current district requirements.
(k)
The design and construction of new structures in the district shall be compatible with the existing character, appearance, quality of development and physical characteristics of the neighborhood and immediate vicinity.
(l)
Existing accessory living units located on any tract of land currently designated as residential are permitted within this district.
(m)
All setbacks in this district for new structures (including buildings moved into the district and expansion of an existing primary structure) shall follow the regulations in subsection 39.2.2-5(5) table except in cases where the setbacks in the table conflict with the setbacks on the adjacent properties, then the setbacks shall either match or be maximum an average of the setbacks on the block along the same side of the street.
(5)
Spatial requirements.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.2-6. - Manufactured housing and mobile home park (MHP).
(1)
Purpose. The MHP - Manufactured home park district is intended to provide for a quality manufactured home park subdivision development containing many of the characteristics and atmosphere of a conventional type single-family residential subdivision on the lot, while adding to the rural, open space character to the city.
(2)
Allowed uses. Buildings or land shall not be used, and buildings shall not be erected, except for the following specified uses, unless otherwise provided for in this ordinance [chapter]. Land and/or buildings in this district may be used as shown in section 39.2.2-13 as denoted by the following abbreviations:
(a)
Permitted use (P). Land and/or buildings in this district may be used by right, subject to all other applicable provisions of this ordinance [chapter].
(b)
Specific use (S). Land and/or buildings are subject to article II, division 4, and will be reviewed and permitted in accordance with article IV, division 3, section 39.4.3-2 of this ordinance [chapter].
(c)
Not permitted. Blank cells indicate that a use is not permitted within the zoning district.
(3)
Accessory uses. Accessory use of land shall not exceed five percent of the total land area.
(a)
Accessory use shall be determined based on the definition of accessory use in article V.
(b)
Accessory structures shall also be subject to the requirements of section 39.2.4-2.
(c)
An accessory structure which has a horizontal area exceeding 25 square feet and is attached to a manufactured home or located within ten feet of its window and has an opaque top or roof that is higher than the nearest window, shall, for purposes of all separation requirements, be considered part of the manufactured home.
(4)
Other requirements.
(a)
Parking and loading: See article III, division 3.
(b)
Landscaping and tree preservation: See article III, division 4.
(c)
Screening and fencing: See article III, division 5.
(d)
Signs: Temporary signage for seasonal sale of products will be allowed in accordance with article III, division 6.
(e)
Outdoor storage: Is not allowed in this district.
(f)
Principle dwelling and/or accessory use in manufactured home park district may use shipping/cargo containers or tiny house, subject to requirements in article II, division 4.
(g)
All standards applying to general subdivision developments with regard to all utilities public and private streets, sidewalks (per chapter 40, subdivision ordinance of the Code of Ordinances and article III, division I, of this ordinance [chapter]) and fire per City of Palestine's adopted Fire Code shall apply to the design and development of a manufactured home park.
(h)
No part of any manufactured home park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the park, and those found in section 39.2.2-13 land use chart.
(i)
Manufactured homes shall be anchored in accordance with standards promulgated by the state department of licensing and regulation.
(j)
All manufactured homes shall be underpinned.
(5)
Spatial requirements.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.2-7. - Central business district (CBD).
(1)
Purpose. The CBD - Central business district is intended to encourage the preservation and development of architecture and uses that have been determined as being historically and culturally significant to the city. This district shall provide flexibility in land uses and regulations that will encourage the continuance of the historic character and encourage a relatively dense mix of residences and businesses that create a built environment which is both aesthetically pleasing, and which encourages walkability and public gatherings.
(2)
Allowed uses. Buildings or land shall not be used, and buildings shall not be erected, except for the following specified uses, unless otherwise provided for in this ordinance [chapter]. Land and/or buildings in this district may be used as shown in section 39.2.2-13 as denoted by the following abbreviations:
(a)
Permitted use (P). Land and/or buildings in this district may be used by right, subject to all other applicable provisions of this ordinance [chapter].
(b)
Specific use (S). Land and/or buildings are subject to article II, division 4, and will be reviewed and permitted in accordance with article IV, division 3, section 39.4.3-2 of this ordinance [chapter].
(c)
Not permitted. Blank cells indicate that a use is not permitted within the zoning district.
(3)
Accessory uses. Accessory use of land shall not exceed five percent of the total land area.
(a)
Accessory use shall be determined based on the definition of accessory use in article V.
(b)
Accessory structures shall also be subject to the requirements of section 39.2.4-2 and subsection 39.2.2-1(5).
(c)
A secondary dwelling unit or mother-in-law suite shall be allowed as an accessory use to single-family and/or duplex residential primary use in this district, subject to:
i.
Be limited to one such use per lot and to a maximum floor area of 450 square feet;
ii.
Not be located where there is a residential care use, supportive recovery use or boarding use on the lot; and,
iii.
May use tiny house, subject to requirements in section 39.2.4-45.
(4)
Other requirements.
(a)
Site design standards: See article III, division 1.
(b)
Building design standards: See article III, division 2.
(c)
Parking and loading: See article III, division 3.
(d)
Landscaping and tree preservation: See article III, division 4.
(e)
Screening and fencing: See article III, division 5.
(f)
Signs: Temporary signage for seasonal sale of products will be allowed in accordance with article III, division 6.
(g)
Outdoor storage is not allowed in this district, except existing outdoor storage shall be considered a nonconforming use.
(h)
Shipping/cargo containers for primary and/or accessory uses are not allowed in this district.
(i)
Tiny houses are not permitted for a primary use in this district. These may be allowed for accessory buildings.
(j)
The design and construction of new structures and remodels in the district shall be compatible with the existing character, appearance, quality of development and physical characteristics of the neighborhood and immediate vicinity, and shall follow historic preservation regulations in this ordinance [chapter] (see article III, division 7).
(k)
All setbacks in this district for new structures (including buildings moved into the district and expansion of an existing primary structure) shall follow the regulations in subsection 39.2.2-7(6) table except in cases where the setbacks in the table conflict with the setbacks on the adjacent 30 properties, then the setbacks shall either match or be maximum an average of the setbacks on the block along the same side of the street.
(5)
Alternatives. All requirements, except land use in this district maybe amended through a site plan approval process subject to providing 1,000 square feet or five percent whichever is greater, of the development area for common public space/plaza, either on the property or elsewhere within this district.
(6)
Spatial requirements.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.2-8. - Retail commercial district (RC).
(1)
Purpose. The RC - Retail commercial district is intended to provide for the development of retail-oriented uses and to accommodate the basic shopping and service needs of residents. All commercial uses, operations, and sales, except for off-street parking and off-street loading facilities, shall be conducted within completely enclosed buildings. However, this district is not intended to prohibit the outside display of merchandise in the normal course of retail business and within regular business hours.
(2)
Allowed uses. Buildings or land shall not be used, and buildings shall not be erected, except for the following specified uses, unless otherwise provided for in this ordinance [chapter]. Land and/or buildings in this district may be used as shown in section 39.2.2-13 as denoted by the following abbreviations:
(a)
Permitted use (P). Land and/or buildings in this district may be used by right, subject to all other applicable provisions of this ordinance [chapter].
(b)
Specific use (S). Land and/or buildings are subject to article II, division 4, and will be reviewed and permitted in accordance with article IV, division 3, section 39.4.3-2. of this ordinance [chapter].
(c)
Not permitted. Blank cells indicate that a use is not permitted within the zoning district.
(3)
Accessory uses. Accessory use of land shall not exceed five percent of the total land area.
(a)
Accessory use shall be determined based on the definition of accessory use in article V.
(b)
Accessory structures shall also be subject to the requirements of section 39.2.4-2.
(4)
Other requirements.
(a)
Site design standards: See article III, division 1.
(b)
Building design standards: See article III, division 2.
(c)
Parking and loading: See article III, division 3.
(d)
Landscaping and tree preservation: See article III, division 4.
(e)
Screening and fencing: See article III, division 5.
(f)
Signs: Temporary signage for seasonal sale of products will be allowed in accordance with article III, division 6.
(g)
Outdoor storage is not allowed in this district, except for inventory for sale or being stored temporarily. All outdoor storage on the property must meet the required setbacks and be screened from the street/right-of-way with berms, natural vegetation, or a solid masonry fence.
(h)
Shipping/cargo containers or tiny house for accessory uses is allowed in this district.
(5)
Spatial requirements.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.2-9. - Highway commercial district (HC).
(1)
Purpose. The HC - Highway commercial district is intended to provide for a variety of office, retail, and service uses for the purpose of creating a high-quality mixture of land uses along highways within the city. This district is also designed to allow multiple story construction.
(2)
Allowed uses. Buildings or land shall not be used, and buildings shall not be erected, except for the following specified uses, unless otherwise provided for in this ordinance [chapter]. Land and/or buildings in this district may be used as shown in section 39.2.2-13 as denoted by the following abbreviations:
(a)
Permitted use (P). Land and/or buildings in this district may be used by right, subject to all other applicable provisions of this ordinance [chapter].
(b)
Specific use (S). Land and/or buildings are subject to article II, division 4, and will be reviewed and permitted in accordance with article IV, division 3, section 39.4.3-2, of this ordinance [chapter].
(c)
Not permitted. Blank cells indicate that a use is not permitted within the zoning district.
(3)
Accessory uses. Accessory use of land shall not exceed five percent of the total land area.
(a)
Accessory use shall be determined based on the definition of accessory use in article V.
(b)
Accessory structures shall also be subject to the requirements of section 39.2.4-2.
(4)
Other requirements.
(a)
Site design standards: See article III, division 1.
(b)
Building design standards: See article III, division 2.
(c)
Parking and loading: See article III, division 3.
(d)
Landscaping and tree preservation: See article III, division 4.
(e)
Screening and fencing: See article III, division 5.
(f)
Signs: Temporary signage for seasonal sale of products will be allowed in accordance with article III, division 6.
(g)
Outdoor storage is not allowed in this district, except for inventory for sale or being stored temporarily. All outdoor storage on the property must meet the required setbacks and be screened from the street/right-of-way with berms, natural vegetation, or a solid masonry fence.
(h)
Shipping/cargo containers or tiny house for accessory use is allowed in this district.
(i)
Tiny houses may be used for office or security use and must conform to the other design standards for the area when used in conjunction with principal building.
(5)
Spatial requirements.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.2-10. - Industrial district (I).
(1)
Purpose. The I - Industrial district is intended to provide for uses in the conduct of light manufacturing, assembling and fabrication, and for warehousing, wholesaling and service operations that do not depend upon frequent customer or client visits.
(2)
Allowed uses. Buildings or land shall not be used, and buildings shall not be erected, except for the following specified uses, unless otherwise provided for in this ordinance [chapter]. Land and/or buildings in this district may be used as shown in section 39.2.2-13 as denoted by the following abbreviations:
(a)
Permitted use (P). Land and/or buildings in this district may be used by right, subject to all other applicable provisions of this ordinance [chapter].
(b)
Specific use (S). Land and/or buildings are subject to article II, division 4, and will be reviewed and permitted in accordance with article IV, division 3, section 39.4.3-2, of this ordinance [chapter].
(c)
Not permitted. Blank cells indicate that a use is not permitted within the zoning district.
(3)
Accessory uses. Accessory use of land shall not exceed ten percent of the total land area.
(a)
Accessory use shall be determined based on the definition of accessory use in article V.
(b)
Accessory structures shall also be subject to the requirements of section 39.2.4-2.
(4)
Other requirements.
(a)
Site design standards: See article III, division 1.
(b)
Building design standards: See article III, division 2.
(c)
Parking and loading: See article III, division 3.
(d)
Landscaping and tree preservation: See article III, division 4.
(e)
Screening and fencing: See article III, division 5.
(f)
Signs: Temporary signage for seasonal sale of products will be allowed in accordance with article III, division 6.
(g)
Outdoor storage is not allowed in the front yard or street side yard. All outdoor storage on the property must meet the required setbacks and be screened from the street/right-of-way with berms, natural vegetation, or a solid masonry fence.
(h)
Shipping/cargo containers for primary and/or accessory uses maybe allowed in this district through a site plan approval process.
(i)
Tiny houses are not permitted for a primary use in this district.
(j)
All manufacturing, assembling or processing of any kind (except storage and off-street parking and loading) located within 100 feet of a residential district boundary shall be conducted within completely enclosed structures.
(5)
Spatial requirements.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.2-11. - Planned development district (PD).
(1)
Purpose. The PD - Planned development district is intended to offer an alternative to conventional development by permitting flexibility in design and variation of the specific spatial requirements based on an overall concept plan, subject to the approval of the PD by the city council in accordance with the requirements set forth in this ordinance [chapter]. A PD shall not be sought to avoid the standards and requirements of other zoning districts. The PD zoning is intended to provide a design option to allow for one or more of the following:
(a)
Encourage innovation in land development in terms of variety, design, layout, and type of structures constructed;
(b)
Promote the efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, land use, and utilities;
(c)
Encourage the adaptive re-use of significant or historic buildings;
(d)
Provide the opportunity to mix compatible uses or residential types;
(e)
Preserve and protect significant natural features, open space, and cultural/historic resources;
(f)
Ensure that new development is consistent with the character of the community;
(g)
Promote efficient provision of public services and utilities;
(h)
Minimize adverse traffic impacts and accommodate safe and efficient pedestrian access and circulation;
(i)
Encourage development of convenient recreational facilities; and
(j)
Encourage the use and improvement of land where site conditions make development under conventional zoning difficult or less desirable.
(2)
Allowed uses. Any permitted use, special exception, or accessory use allowed anywhere in the city within section 39.2.2-13 may be permitted in a PD, if all the objectives and standards of this ordinance [chapter] are determined to be met and there is compliance with the procedures of this ordinance [chapter]. Residential and nonresidential uses may be permitted in combination to create an integrated, mixed-use development. Approval of a PD shall include the identification of the land uses permitted within the PD, and only those uses approved through the PD process shall be permitted.
(3)
Accessory uses. All accessory use regulations shall be identified through the PD process.
(4)
Other requirements.
(a)
Article III of this ordinance [chapter] shall apply in cases where the approved PD is silent, otherwise the regulations identified in the approved PD shall apply.
(b)
The following criteria shall apply to all PDs:
i.
Unified control. The development shall be under the control of one owner or group of owners and shall be capable of being planned and developed as an integral unit.
ii.
Minimum acreage. The gross area of a tract of land to be developed in a planned development. District shall be a minimum of five acres.
iii.
Recognizable benefit. The applicant shall demonstrate that the PD provides at least four of the following site design elements, which could not be attained through a project designed under conventional zoning:
I.
Mixed-use development with residential and nonresidential uses, or a variety of housing types;
II.
Pedestrian/transit-oriented design with buildings oriented to the sidewalk and parking to the side or rear of the site;
III.
High quality architectural design beyond the site plan requirements of this article;
IV.
Extensive landscaping beyond the site plan requirements of this article;
V.
Preservation, enhancement, or restoration of natural resources (trees, slopes, wetland areas, views, etc.);
VI.
Preservation or restoration of significant or historic resources;
VII.
Provision of open space or public plazas or features;
VIII.
Efficient consolidation of poorly dimensioned parcels or property with difficult site conditions (e.g. topography, shape etc.);
IX.
Effective transition between higher and lower density uses, and/or between nonresidential and residential uses; or allowing incompatible adjacent land uses to be developed in a manner that is not possible using a conventional approach;
X.
Shared vehicular and pedestrian access between properties or uses;
XI.
Mitigation to offset impacts on public facilities (such as street improvements); or
XII.
Significant use of sustainable building and site design features such as: water use reduction, water efficient landscaping, innovative wastewater technologies, low impact storm water management, optimize energy performance, on-site renewable energy, passive solar heating, reuse/recycled/renewable materials, indoor air quality, or other elements identified as sustainable by established groups such as the U.S. Green Building Council (LEED) or ANSI National Green Building Standards.
iv.
Compatibility with adjacent uses. The proposed location of uses or structures that are of a significantly different scale or character than the abutting residential districts, such as access drives, parking areas, waste receptacles, swimming pools, tennis courts, and facilities of a similar nature, shall not be located near the perimeter of the PD to avoid negative impact on the residential use of adjacent lands.
v.
Comprehensive plan. The proposed PD shall be consistent with the comprehensive plan.
(5)
Spatial requirements. All spatial requirements shall be identified through the PD process.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.2-12. - Manufactured home overlay district (MHO).
(1)
Purpose. The MHO - Manufactured home overlay district is intended to offer affordable housing option and flexibility in appropriate areas of the city.
(2)
Allowed uses. In addition to the uses allowed in the base district, MHO will allow a manufactured home by right subject to additional regulations as described in section 39.2.4-32, manufactured and mobile homes.
(3)
Accessory uses. All accessory use regulations of the base district shall be allowed.
(4)
Other requirements. Article III, divisions 1—7 of this ordinance [chapter] shall apply.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
_____
Sec. 39.2.2-13. - Land use chart.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021; Ord. No. O-13-24, § 2(Exh. A), 5-28-2024; Ord. No. O-14-25, § 2(Exh. A), 3-24-2025; Ord. No. O-34-25, § 2(Exh. A), 8-25-2025)
Sec. 39.2.3-1. - Purpose.
This division outlines requirements that are applicable for situations that may occur in any location in the City of Palestine, regardless of the zoning district designation.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.3-2. - General zoning compliance.
Compliance. The regulations established by this ordinance [chapter] for each zoning district shall be minimum regulations and shall apply uniformly to each class and kind of structure or land, and in accordance with the following:
(1)
Conformity. No building, structure or land shall be used or occupied, and no building or addition to a building shall be erected, reconstructed, enlarged, or structurally altered except in conformity with all of the regulations of this ordinance [chapter] specified for the zoning district in which it is located.
(a)
For buildings/structures or land in an airport shall follow the regulations in chapter 18 of the City of Palestine Code of Ordinances in addition to the regulations in this ordinance [chapter]. Where the regulations in this ordinance [chapter] conflict with the regulations in chapter 18, then chapter 18 shall control.
(2)
Setbacks. Building setbacks shall be no less than the requirements of this ordinance [chapter], and they shall not be further reduced in size without a variance from the board of adjustments.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.3-3. - Principal use and dwellings.
(1)
Principal buildings. No more than one principal building shall be placed on a parcel. In the case of residential condominium projects, each building site shall be limited to one principal building.
(2)
Principal use collectively. A parcel shall not be devoted to more than one principal use, or contain more than one principal building, except for mixed uses where permitted, or groups of retails, industrial, or agricultural buildings which are determined by the city manager or his/her designee to be a principal use collectively, based on the following considerations:
(a)
Individual buildings share common parking areas.
(b)
Access to the buildings/uses is provided via shared access drives or streets.
(c)
Buildings are under single ownership.
(d)
Individual activities support one another (such as auto dealership/vehicle repair or a convenience store/restaurant/gas station), unless it is a mixed commercial and residential use allowed by the zoning ordinance.
(e)
The buildings are architecturally consistent and compatible.
(3)
Dwellings.
(a)
Only one single-family dwelling and its customary accessory structure may hereafter be erected on any lot of record which is zoned as an AG, RE, SR, UR, MR, MUN, and CBD Districts.
(b)
Accessory dwellings. Attached and detached accessory dwellings may be permitted as identified per section 39.2.2-13 and per division IV of this article II.
(c)
Conversions. No dwelling shall be converted to create additional units unless located in a district which allows multiple units and unless the structure complies with all requirements for new structures in such district.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.3-4. - Manufactured and mobile homes.
(1)
Location. No person shall park, store, or use a mobile home on any lot other than a licensed mobile home park or mobile home subdivision or a specific use permit having been granted within the corporate city limits of the City of Palestine, except that a manufactured or mobile home:
(a)
May be parked or stored as a part of a commercial business that has a permit for sale or manufacture of manufactured or mobile homes.
(b)
May be used as a temporary office or shelter incidental to construction or development of premises on which the mobile home is located, only during the time construction on [or] development is actively underway.
(c)
May be permitted by the planning and zoning commission and the city council after a public hearing, with a temporary permit for one mobile home in the I (industrial) district for security reasons, provided that there is minimum extra lot area of 5,000 square feet for the mobile home. Such temporary permits shall have a time limit placed upon them.
(d)
May be permitted as a part of FEMA disaster recovery effort for a period of 12 months, which may be extended by the planning and zoning commission and the city council after a public hearing.
(2)
Mobile homes prohibited.
(a)
Movement and occupancy. It shall be unlawful for any person to locate or occupy a mobile home within the city unless such mobile home was legally permitted at that location for use or occupancy as a residential dwelling prior to the adoption of the ordinance codified in this chapter (September 14, 2020). In the absence of water connection records, it shall be the responsibility of the owner of the mobile home to establish proof of the date that the mobile home was legally permitted and obtain a certificate of nonconformity per chapter 39, article II, division 3, subsection 39.2.3-17(3) of the City of Palestine Code of Ordinance.
(b)
Replacement. A previously existing mobile home which is removed from the city may be replaced with a manufactured home, subject to the requirements of chapter 39 of the City of Palestine Code of Ordinance and any other city ordinances regarding manufactured home.
(3)
Unlawful occupancy. It shall be unlawful for any person to occupy any manufactured or mobile home or to permit the occupancy of any such manufactured home or mobile home except as specifically permitted in this chapter 39.
(4)
Unlawful use on streets and public ways. No manufactured home or mobile home shall be used for living quarters upon any street, alley, or other public right-of-way in the city.
(5)
Utility connections.
(a)
Electrical. Connections to any source of electricity without approval of a building inspector and the payment of the required fee is prohibited. All electrical connections must comply with the requirements of the adopted National Electric Code.
(b)
Plumbing. Connections to any source of water supply or sewage disposal without the approval of a building inspector and the payment of the required fee is prohibited. All plumbing connections must comply with the requirements of the adopted International Plumbing Code.
(6)
Construction standards for portable or modular buildings, per chapter 22, section 22-51 of the City of Palestine Code of Ordinances shall apply to all manufactured and mobile homes in the city.
(7)
Refer to article IV, division III, section 39.2.3-4.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.3-5. - Setbacks, lots, and yards.
The minimum yards and other open spaces required in this chapter 39 for each and every building existing at the time of the passage of the ordinance codified in this chapter (September 14, 2020), or for any building hereafter erected or altered, shall not be encroached upon or considered a yard or open space or use requirements for any other building.
(1)
Setbacks and width.
(a)
Minimum requirement. Unless otherwise stated, principal and accessory buildings are subject to a minimum required horizontal separation from right-of-way lines or property lines as required per each district's spacing regulations in division 2 of this article II.
(b)
Exemption. Structures such as mailboxes, fences, planters, landscaping beds, flagpoles, yard decorations, and other elements determined by the city manager or his/her designee to be similar, are not subject to setbacks.
(c)
Average front setback. The minimum front setback requirement for a single-family dwelling may be reduced by the city manager or his/her designee in cases where two adjacent lots on each side of the subject parcel are occupied by principal single-family dwellings of which the actual building setbacks are less than required by the zoning district. The average of the established setbacks for those buildings shall be the minimum required front setback for the subject lot.
(d)
Cul-de-sac lots. The front yard setback shall follow the curve of the front lot line.
(e)
Lot width. Lot width shall be measured at the front lot line and at the front setback line. On cul- de-sac lots, width shall only be measured at the front setback line.
(f)
Projections into setback areas.
(g)
Architectural features. Certain architectural features, such as cornices, bay windows, windows without foundations, window wells, gutters, chimneys, pilasters, balcony, and other elements determined by the city manager or his/her designee to be similar, may project no further than three feet into any setback area.
(h)
Open and uncovered elements. An open, uncovered, and unenclosed porch or paved terrace and other structural elements determined by the city manager or his/her designee to be similar, may project into a setback area for a distance of not more than ten feet.
(i)
Covered and enclosed additions. Any permanently constructed porch, patio, carport, terrace, addition, deck, or balcony that is covered by a roof or trellis, or enclosed by a barrier, wall or screen, shall meet the minimum setback requirements of the principal building or accessory building to which it is attached. Any other similar covering or enclosing structural element shall be subject to the same requirement
(2)
Projections into setback areas.
(a)
Architectural features. Certain architectural features, such as cornices, bay windows, windows without foundations, window wells, gutters, chimneys, pilasters, balcony, and other elements determined by the city manager or his/her designee to be similar, may project no further than three feet into any setback area.
(b)
Open and uncovered elements. An open, uncovered, and unenclosed porch or paved terrace and other structural elements determined by the city manager or his/her designee to be similar, may project into a setback area for a distance of not more than ten feet.
(c)
Covered and enclosed additions. Any permanently constructed porch, patio, carport, terrace, addition, deck, or balcony that is covered by a roof or trellis, or enclosed by a barrier, wall or screen, shall meet the minimum setback requirements of the principal building or accessory building to which it is attached. Any other similar covering or enclosing structural element shall be subject to the same requirement.
(3)
Lot requirements and designations.
(a)
Interior lots.
i.
Yards and lot lines. Interior lots shall have one front lot line, one front yard, two side lot lines, two side yards, one rear lot line, and one rear yard.
ii.
Setbacks. Buildings on interior lots shall be subject to one front setback, two side setbacks, and one rear setback.
(b)
Corner lots.
i.
Yards and lot lines. A corner lot with street frontage on two connecting sides shall have the following yards and lot lines:
I.
Residential corner lot shall have one front lot line, two side lot lines, and one rear lot line, one front yard, two side yards, and one rear yard.
1.
For residential lots, the narrower street frontage lot line shall be the front lot line and location of the front yard.
2.
Where the lot lines are of equal length, the city manager or his/her designee shall determine the front lot line and front yard to match the front lot line and front yard on the adjacent lots along the street on which the residence is addressed.
II.
Commercial corner lot shall have two front lot lines, one interior side lot line, and one rear lot line. A commercial corner lot has two front yards, one side yard, and one rear yard.
ii.
Setbacks. On a corner lot with street frontage on two sides, residential buildings shall be subject to the following setbacks: one front setback, two side setbacks, and one rear setback; and commercial buildings shall be subject to the following setbacks: two front setbacks, one side setback, and one rear setback.
(c)
Multi-frontage lots.
i.
Yards and lot lines. A multi-frontage lot with street frontage on three sides shall have the following yards and lot lines:
I.
Residential multi-frontage lot shall have one front lot line, two side lot lines, and one rear lot line, one front yard, two side yards, and one rear yard.
1.
For residential lots, the narrower street frontage lot line shall be the front lot line and location of the front yard.
2.
Where the lot lines are of equal length, the city manager or his/her designee shall determine the front lot line and front yard to match the front lot line and front yard on the street on which the residence is addressed.
II.
Commercial multi frontage lot shall have three front lot lines, and one rear lot line. A commercial corner lot has three front yards, and one rear yard.
ii.
Setbacks. On a multi-frontage lot with street frontage on three sides, buildings shall be subject to the following setbacks.
I.
Residential dwellings shall be subject to one front setback, two side setbacks, and one rear setback.
II.
Commercial buildings shall be subject to three primary front setbacks and a rear setback.
(d)
Through lots.
i.
Yards and lot lines. Through lots shall have two front lot lines, two front yards, two side lot lines, and two side yards.
ii.
Setbacks. Buildings shall be subject to two front setbacks, two side setbacks.
iii.
Orientation of structures. The city manager or his/her designee shall consider the following when determining orientation of the dwelling:
I.
Location and orientation of existing or proposed buildings on the through lot in relation to existing buildings on properties in the same general neighborhood, historic development patterns, and existing developed through lots.
II.
Location and impact of existing vegetation, water, or other natural features affecting the location of buildings or structures on the lot in question.
(4)
Residential lots.
(a)
Duplex lots. Duplex development may be platted so that two units are placed on one lot in accordance with the requirements of the dimensional table of the district in which the duplex is located, or so that the units are placed on pairs of lots with the lot line through the common wall between the units. If lots are platted so that each unit is on an individual lot, the plat shall indicate which lots are paired. Paired lots shall each provide half of the required minimum size and width, but may together meet other requirements of the applicable dimensional standards.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.3-6. - Height.
(1)
Church spires, chimneys, water, fire, radio, and television towers, smokestacks, flagpoles, monuments, and similar structures and their necessary mechanical appurtenances may be erected above the height limits established in this zoning ordinance.
(2)
Measurement. Vertical distance of building height is measured from the elevation of the finished grade at the front of a building, on a level lot, to:
(a)
Mansard, gable, hip or gambrel roof. The average height between the eaves and ridge.
(b)
Parapet/flat roof. The highest point of the roof for a flat roof.
(c)
Other roof type. A point equivalent to the roof types specified in this section, as determined by the city manager or his/her designee.
(3)
Sloping grade and walkout. On a sloping grade, the height shall be measured from the average grade, between front and rear building lines, or between side building lines, whichever dimension reflects the greater degree of slope, to the point of measurement noted in subsection 39.2.3-6(2) above. The height of building additions shall be measured in the same manner.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.3-7. - Steep slopes.
(1)
Objectives. The objectives of this section are to:
(a)
Guard against property damage and personal injury, and minimize the potential for erosion, slope failure;
(b)
Stream siltation, increased runoff, flooding and contamination of surface waters caused by the adverse effects of site preparation and construction on steep slopes;
(c)
Conserve existing woodlands for air and water quality benefits;
(d)
Permit land uses by right that are compatible with protection of steep slope areas, and encourage the use of steep slope areas for open space and conservation uses;
(e)
Require development to avoid steep slope areas wherever possible, and require all land use, clearing, grading and construction to satisfy development standards;
(f)
Regulate expansion of land use or development that existed on steep slope areas prior to enactment of these requirements; and
(g)
Protect adjoining properties from harmful consequences of development permitted under these requirements.
(2)
Applicability.
(a)
Slope. The steep slope restrictions shall apply to all building sites with slopes 15 percent or greater.
(b)
Regulations. When applicable, steep slope regulations shall take precedence over the regulations of the applicable zoning district.
(c)
Land disturbance. These regulations apply to lots where the proposed land disturbing activity is greater than 5,000 square feet.
(d)
River and creeks. Certain requirements apply to properties with river and creek frontage.
(3)
Steep slope area categories.
(a)
Category 1. Average slope of 15 percent but less than 25 percent.
(b)
Category 2. Average slope of 25 percent or more.
(4)
Determination.
(a)
Determination. The city engineer shall determine steep slope category.
(b)
Accuracy. Submitted plans must be sufficiently accurate to make this determination. The burden of proving the correct category boundaries shall be on the applicant, supported by engineering and/or surveying data or mapping, testimony of a soil scientist, or other acceptable evidence.
(5)
Lot requirements. Lot sizes for lots with slopes that are 15 percent or more, or average 15 percent or more, shall be increased by a lot size multiplier of:
(a)
Three times for slope of 15 percent to 24.99 percent; and
(b)
Five times for slope of 25 percent and above
(6)
Cut and fill.
(a)
Slope. Finished slopes of all cuts and fills shall not exceed 33 percent, unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately to the satisfaction of the city engineer.
(b)
Retaining walls.
i.
All cuts shall be supported by retaining walls or other appropriate retaining structures when, depending upon the nature of the soil characteristics, such structures are approved by the city engineer in order to prevent erosion.
ii.
No retaining wall shall exceed five feet in height. All retaining walls require a certification by a professional engineer that the wall was constructed in accordance with approved plans and applicable building codes.
(c)
Stabilization. Permanent vegetative cover shall be planted prior to occupancy of a building.
(7)
Tree preservation. No trees with a diameter at breast height (DBH) of eight inches or more shall be removed from areas with slopes of 25 percent or more.
(8)
Rivers and creeks. Grading may occur adjacent to rivers and creeks but shall not exceed a slope of 4:1 from the toe of the creek, upward.
(9)
Driveways and roads. The alignment of roads and driveways shall follow the natural topography and minimize regrading.
(10)
Land use. Buildings or land shall not be used and buildings shall not be erected on Category 2 sites, except for agricultural farms, parks, playgrounds, golf courses, and other similar uses may be allowed with a special use permit.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.3-8. - Access and frontage.
(1)
Access. All lots shall have frontage on a public street or approved private street and all buildings shall be located on lots in a manner that provides safe and convenient access for servicing, fire protection, and required off-street parking.
(2)
Minimum frontage. Minimum lot frontage shall be equal to the minimum lot width required for the applicable zoning district, unless otherwise permitted in chapter 39 or chapter 40 of the City of Palestine Code of Ordinances.
(3)
Use of residentially zoned property for access. No residentially zoned land shall be used for driveway, walkway, or access purposes to any land which is nonresidential zoned or used for any purpose not permitted in a residential district except for ingress and egress to a use existing at the time of adoption (September 14, 2020) of the ordinance codified in this chapter and which does not abut a public street.
(4)
Access to commercial uses. Where a parcel of property zoned for commercial use abuts more than one street, access from either street to such property will be permitted only if no residentially zoned property lies immediately across such street from such commercial zoned property; provided, however, access may be permitted from any major thoroughfare on the thoroughfare plan map adopted by the city council; and provided, further, that one point of access shall be permitted in any case, notwithstanding other provisions of this ordinance [chapter].
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.3-9. - Grading and excavation.
(1)
Drainage. For storm water drainage in addition to the regulations below chapter 40 shall also apply.
(a)
Slope. Elevations for any site with a building located on it, or a site proposed for a building, shall have a grade sloping away from the walls of the building to prevent the ponding of surface water along foundations.
(b)
Runoff. No site shall be filled or graded in a way that will discharge surface runoff onto adjacent properties in a manner that increases the amount of runoff in excess of pre-development conditions.
(2)
Elevating a building site. Grading and/or filling of materials to elevate the first-floor elevation of a structure is permitted, but shall count against the height measurement of the building if the increase is three feet or greater.
(3)
Excavation. The construction, maintenance, or existence of any unprotected, unbarricaded, open or dangerous excavations, holes, pits, or wells, which in the opinion of the city manager or his/her designee, constitute or are likely to constitute a danger to the public health, safety, or welfare is prohibited; provided, this section shall not apply to any excavation for which a building permit or a temporary permit has been issued by the city and which is properly protected and warning signs posted.
(4)
Standards. Grading guidelines for development of lots and tracts, to maintain protection of adjoining properties and alleviate erosion problems encountered by improper drainage, shall be as follows:
(a)
Excavations or fills made for purpose of development of a lot or tract shall grade permanent slopes no steeper than five feet horizontal to one foot vertical.
(b)
Deviation from excavation or fill limitations for slopes shall be permitted only upon the presentation of a soil investigation report acceptable to the public works director.
(c)
Retaining walls used to comply with the foregoing requirement shall be constructed in accordance with accepted engineering practices and shall be installed in a good workmanship manner satisfactory to the public works director.
(d)
Grading of slopes shall be done in such a manner as to influence proper drainage. Unless an alternative drainage pattern is approved by the public works director, a lot or tract shall be graded such that drainage shall flow to the fronting street gutter. Drainage on the portion of a lot or tract below curb level shall drain to an approved drainageway. This drainage should be accomplished in such a manner as not to cause erosion or damage to any property.
(e)
Replacement of topsoil. During the excavation, the topsoil shall be set aside. Upon completion of an excavation, the topsoil shall be replaced and the site leveled in conformance with the approved grading plan. Upon replacement of the topsoil the property shall be landscaped and grassed as shown on the landscape plan.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.3-10. - Visibility at intersections.
(1)
On a corner lot or a lot with a driveway, no use, structure, or plant material, such as off-street parking spaces, fences, signs, berms, hedges, or planting of shrubs, between two and one-half and ten feet above the ground, or which obstructs safe vision at a street corner, shall be located, erected, or maintained within the following clear vision areas:
(a)
Intersection of streets. The triangular area formed by the intersection of the street right-of-way lines and a line connecting two points which are located on those intersecting right-of-way lines 30 feet from the point of the intersection of the right of way lines.
(b)
Street and driveway. The triangular area formed by the intersection of a street right-of-way line and a driveway and a line connecting two points that are located on the right-of-way line and the driveway 20 feet from the point of intersection of the right-of-way line and driveway.
(2)
Exemption. Public utility structures, traffic signs, or other items approved by the city manager or his/her designee are exempt from this provision. This section does not apply to the CB district.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.3-11. - Walls and fences.
Nothing in these regulations shall be construed to prohibit or prevent the construction of a retaining wall on any property; provided, that such retaining wall does not adversely affect the natural flow of surface water, or create any other adverse effect upon adjacent or adjoining properties. However, any application for a retaining wall shall be subject to the approval of the city engineer before the issuance of a permit.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.3-12. - Swimming pools and spas.
(1)
All swimming pools and spas within residential districts, either below ground or above ground, which has a depth of 18 inches or greater shall:
(a)
Not be constructed in the required front yard setback.
(b)
Not have the edge of the water line be closer to the side or rear property lines than six feet.
(c)
Not have any pool structure, excluding the concrete pool deck, be closer to the side or rear property lines than three feet.
(d)
Be enclosed by a four-foot fence, with no opening larger than four inches in any direction and a self-closing, self-latching gate.
(2)
Construction standards for swimming pools, per chapter 22, section 22-41 of the City of Palestine Code of Ordinances shall apply to all manufactured and mobile homes in the city.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.3-13. - Recreational vehicle parking.
(1)
No person shall place, keep, maintain, or occupy a recreational vehicle upon any lot or parcel of ground within the city for a period exceeding 12 hours, except in a manufactured home park or recreational vehicle park approved by the city, except for:
(a)
A recreational vehicle may be parked and/or be occupied on the driveway of a residential lot for living, sleeping, and housekeeping purposes for no more than 15 days in any three-month period, and will be subject to the following requirements:
i.
A recreational vehicle may not be parked in a primary or secondary front yard.
ii.
The recreational vehicle is located on a parking surface made of concrete, asphalt or other hard all-weather surface approved by the city manager or his/her designee, which is kept free of litter, debris, weeds, and other objectionable material or objects.
iii.
Connections to any source of electricity must be approved by the electrical inspector after the payment of the required fee. All electrical connections must comply with the requirements of the adopted National Electric Code.
iv.
Connections to any source of water supply or sewage disposal must be approved by the plumbing inspector after the payment of the required fee. All plumbing connections must comply with the requirements of the adopted International Plumbing Code.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.3-14. - Refuse containers.
(1)
Refuse containers or dumpsters shall not be located in the front or side yard of any commercial, office, mixed use, or multifamily building. This restriction shall not apply in cases where compliance would cause such containers to be inaccessible (as determined by the city manager or his/her designee) to refuse collection vehicles; however, such containers or dumpsters shall be screened from public view.
(2)
Refuse containers on a premise that is classified and billed as a residential user under chapter 98, section 98- 93 of the City's Code of ordinances shall follow chapter 82, article II, section 82-27 of the City's Code of Ordinances.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.3-15. - Sewer and septic systems.
(1)
The design and construction of sewer and septic systems in the City of Palestine shall be in accordance with chapter 40, article VIII, the city's "Construction Specifications for Public Improvements", and the Texas Commission on Environmental Quality (TCEQ) guidelines.
(a)
Sewer connection. All lot, tract or parcel of land that is within a distance or radius of 100 feet of a public sanitary sewer main, or across which lot, tract, or parcel of land a public sanitary sewer extends, shall be connected to a public sanitary sewer main. Accessory buildings under single ownership may be connected to a common building sewer in accordance with other applicable ordinances of the city.
(b)
Septic system. When there is not a public sanitary sewer within 100 feet of any lot, tract, or parcel of land and when such lot is a minimum one acre or more in size, within the corporate limits such lot may be connected to an approved septic tank or an alternative sewer system per chapter 40, article VIII, section 40-210. Application for the use of a septic tank must be made in writing to the city manager or his/her designee, and such septic tank and the underground drain connections shall be constructed and maintained so as to meet the minimum requirements of the county health department and the state health department, as well as the applicable ordinances of the city and the Texas Commission on Environmental Quality (TCEQ) guidelines.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.3-16. - Noxious impacts prohibited.
Every use shall be conducted and operated in a way that it is not obnoxious or dangerous by reason of heat, glare, fumes, odors, dust, noise, or vibration beyond the parcel on which the use is located.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.3-17. - Nonconformities.
General. Any lawful use of land, or structure, or lot, existing at the date of passage of this ordinance [chapter] and located in a district in which these were permitted before this zoning ordinance passed or was amended, but are now prohibited, regulated, or restricted under the terms of this ordinance [chapter] or subsequent amendments is considered.
(1)
[Generally.] Nonconforming and not in violation of the regulations provided in this ordinance [chapter]. However, such nonconforming use, or structure, or lot shall be subject to the regulations in this section. It is the intent of the City of Palestine to discontinue nonconforming uses, structures, or lots but permit legal nonconformities to continue until they are removed.
(2)
Nonconforming status. Nonconforming status shall exist under the following provisions:
(a)
When a use or structure or lot which does not conform to the regulations prescribed in the district in which such use or structure or lot was in existence and lawfully operating prior to the effective date of the ordinance codified in this chapter, and has been operating since without discontinuance.
(b)
When on the effective date of the ordinance codified in this chapter, the use or structure or lot was a legal nonconforming use or structure or lot under the provisions of the prior zoning ordinance and has been operating since without discontinuance.
(c)
When a use or structure or lot which does not conform to the regulations prescribed in the district in which such use or structure or lot is located was in existence at the time of annexation to the City of Palestine and has since been in regular and continuous use.
(3)
Registration of nonconforming uses/structures/lots.
(a)
The owner of a nonconforming structure or use or lot shall certify by affidavit to the city manager or his/her designee (in the building permit office) that his structure or use or lot was made nonconforming by the passage of the ordinance or its amendment within six months of the use, structure, or lot being made nonconforming.
(b)
On acceptance of the affidavit the city manager or his/her designee shall issue a certificate of nonconformity for the nonconforming use or structure or lot. Such certificate shall designate the location, nature and extent of such nonconformity (use or structure or lot) and any additional data necessary for issuance of said certificate.
(c)
If, upon review of the affidavit, any illegally established violation of previous or existing ordinances or codes is found, the city manager or his/her designee shall not issue said certificate of nonconformity and shall declare such use to be in violation of this ordinance and shall act accordingly.
(d)
Any use, or structure, or lot not in conformance with this ordinance [chapter] and on which no certificate of nonconformity has been issued shall be presumed to be in violation of these zoning regulations and shall be treated accordingly.
(4)
Change of nonconforming use.
(a)
A nonconforming use may be changed to another similar nonconforming use where in the opinion of the board of adjustment such new use:
i.
Will not extend the life of a nonconforming use;
ii.
Will reduce traffic, sound, odor, smoke, or number of employees;
iii.
Will not include structural alteration or expansion;
iv.
Will improve the character and value of surrounding property. Such change in use may be permitted only following formal application for change with the board of adjustment. Where proper findings are made, the board of adjustment may direct the city manager or his/her designee to issue the necessary permits.
(b)
Whenever a nonconforming use has been changed to a conforming use, it shall not revert back to a nonconforming use.
(c)
No nonconforming use may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of the ordinance codified in this chapter.
(5)
Restoration of nonconforming use/structures.
(a)
Nonconforming structures may be restored only if destruction caused by fire, explosion, or act of God is 50 percent or less of its structural valuation prior to such destruction. (The determination of such reduced structural valuation shall be made by an appraiser appointed by the city.)
(b)
Except as provided by paragraph (c) of this subsection, any structure whose destruction exceeds ten percent but less than 50 percent of its prior structural valuation must apply for a building permit for reconstruction within six months and commence reconstruction within 12 months of the date of the described destruction. At time of reconstruction, existing off-street and loading requirements for that particular use shall be complied with.
(c)
A nonconforming residential use/structure may be restored only if destruction caused by fire, explosion, or act of God is 75 percent or less of its structural valuation prior to such destruction.
(6)
Discontinuance or abandonment of nonconforming use/structure. Any nonconforming use of land or structure which has ceased by discontinuance or abandonment for a period of six months shall thereafter conform to the provisions of this ordinance [chapter]. Nonconforming uses of land or structures maybe continued or restored if such nonconforming use or structure was discontinued for less than six-month period.
(7)
Nonconforming lots.
(a)
Use of nonconforming lots. In any district, buildings may be erected on any single lot of record, provided there is access to such buildings or houses from a street. This provision shall apply even though the lot fails to meet the minimum requirements of area, width, or depth, for the district in which located; however, all other requirements shall still apply.
(b)
Spatial requirements. Any buildings constructed on nonconforming lots of record shall meet all development regulations in the district unless property variances are granted by the board of adjustment.
(8)
Property platted prior to 1987.
(a)
Property platted prior to 1987 without established building lines shall conform to the following building setback requirements from property lines:
i.
Residential.
I.
Front yard: Twenty-five feet.
II.
Side yard interior lot line: Meet current zoning setback.
III.
Side yard street side: Ten feet.
IV.
Rear yard: Fifteen feet.
ii.
Nonresidential.
I.
Front yard: Twenty-five feet.
II.
Side yard: Ten feet.
III.
Side yard street side: Fifteen feet.
IV.
Rear yard: Twenty-five feet.
(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)
Sec. 39.2.4-1. - Purpose.
This division outlines requirements that are applicable for situations that may occur in any location in the City of Palestine, regardless of the zoning district designation. These regulations apply in addition to all regulations of the zoning district in which the use is located, as well as all other applicable requirements of chapter 39 and chapter 40, as well as all other applicable requirements of the City's Code of Ordinances.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-2. - Accessory building/structure.
(1)
Accessory structures shall be incidental to the principal use and be located on the same lot.
(2)
Attached accessory structures are subject to the spatial requirements of the principal buildings for the applicable zoning district.
(3)
Detached accessory buildings such as detached garages, carports, storage sheds, gazebos, swimming pools, hot tubs, spas and any other structure that is an accessory use to the primary building are prohibited in front yards and are subject to the spatial requirements for accessory buildings for the applicable zoning district, except farm (produce) stands may be placed within the front yard and within the front setback, subject to any other applicable requirements.
(4)
Cargo/shipping containers, rail cars. and tiny houses may be used as permanent accessory structures only in the districts where these are specifically allowed.
(5)
Some properties within residential zoning districts may also be within one of the designated historic districts and or may be a designated Palestine landmark. The location, height, and exterior materials in conjunction with new accessory structures located in those districts or designated as a Palestine landmark are subject to additional requirements found in chapter 39, article III, division 7, historical preservation.
(6)
All attached and detached accessory buildings and additions shall be compatible and similar to the principal building in terms of architectural style/design, and/or building materials.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-3. - Agricultural operation, farm, ranch, or agritourism.
(1)
Shall be compliant with the State of Texas Agricultural Code.
(2)
Barns, agricultural structures, livestock auctions, livestock feeding, stables public and private, poultry farms, and farmers markets are regulated as accessory structures, but are not subject to square footage restrictions.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-4. - Airport, heliport, airstrip, helicopter landing pad.
Shall be compliant with FAA regulations.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-5. - Alcoholic beverage sales.
(1)
Shall be compliant with chapter 10, alcoholic beverages of the Code of Ordinances of City of Palestine.
(2)
Shall be compliant with the City Charter, article XI, section 11.9, areas where sale of alcoholic beverages permitted.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-6. - Alternative financial establishments, pawnshops.
(1)
In addition to this section, all alternative financial establishments, pawnshops shall be subject to chapter 26, article VI of the Palestine City Code.
(2)
Distance separation. Measurements shall be made in a straight line between the nearest points of one lot to the other lot.
(a)
The use shall be located at least 1,000 feet from any lot containing another alternative financial establishment or pawnshop.
(b)
The use shall be located at least 500 feet from any lot zoned or used for residential purposes, school, place of worship, or child day care center.
(3)
Restricted districts. No alternative financial establishment or pawnshop shall be permitted within the central business district (CBD).
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-7. - Animal services (animal/pet shelter or rescue, hotel, store).
(1)
[Additional requirements.] In addition to the requirements applicable to such uses within the districts where such uses are permitted, the following requirements and regulations shall be complied with:
(2)
Limitations of use. Such facilities shall be limited to the treatment, boarding (not more than 30 days) grooming and short-time breeding of domesticated animals such as horses, cats, and dogs.
(3)
Dimensional requirements.
(a)
Minimum lot area. The lot area shall not be less than 10,000 square feet.
(b)
Minimum lot width. The minimum lot width at the building line shall not be less than 100 feet.
(c)
Minimum yard setback. All buildings and structures excluding fences or walls shall be set back a minimum distance of 25 feet from any residential district boundary. All other setbacks shall conform to the requirements of the district in which such uses are located.
(d)
Additional requirements. Veterinary hospitals or clinics shall not be required to meet any minimum lot coverage or building height except for the angle of light obstruction regulations of the district in which such facilities are permitted.
(4)
Buffering and screening. All buffering and screening shall be a solid fence, masonry wall, or evergreen hedge.
(5)
Additional regulations.
(a)
No such facilities shall be permitted to have outside cages or runs.
(b)
All such facilities shall be soundproof so to prevent any noise from being heard outside any building or structure.
(c)
Buildings, or units in multi-tenant buildings, shall incorporate ventilation and noise attenuation measures.
(d)
Buildings must be located at least 100 feet from any residentially zoned property.
(e)
Outdoor runs and enclosures shall be screened from adjoining properties with a solid fence or wall at least six feet in height, and be subject to the requirements of article III, division 5.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-8. - Automobile repair facilities.
(1)
All work associated with the repairing and servicing of automobiles, motorcycles, trucks, trailers, or similar vehicles shall be conducted within an enclosed building.
(2)
Any outdoor storage shall meet the requirements set forth in section 39.2.4-35 outdoor storage and display requirements of this division.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-9. - Bail bond establishment.
(1)
Distance separation. Measurements shall be made in a straight line between the nearest points of one lot to the other lot.
(a)
The use shall be located at least 1,000 feet from any lot containing another bail bond establishment.
(b)
The use shall be located at least 500 feet from any lot zoned or used for residential purposes, school, place of worship, or child day care center.
(2)
Restricted districts. No bail bond establishment shall be permitted within the central business district (CBD).
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-10. - Bed and breakfast.
(1)
Any structure to be used for a bed and breakfast, or in a similar operation, in a residential district shall be permitted by specific use permit when the structure is a single-family dwelling and shall be subject to all other requirements governing structures in the applicable residential zoning district.
(2)
Bed and breakfast inn and bed and breakfast only uses which are required to have a specific use permit as provided herein shall be subject to the off-street parking requirements of the city.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-11. - Boarding/rooming house.
(1)
The most restrictive of the following requirements will apply to the use of a building as a boardinghouse or rooming house:
(a)
No more than two persons who are not related by blood, marriage, adoption, or other legal relationship, may occupy a lodge within the building; and
(b)
No building may be used as a boardinghouse or rooming house unless the building is equipped with a private sanitary toilet, lavatory, and shower, or bathtub bathing facility, for every four persons occupying said building.
(2)
No building may be used as a boardinghouse or rooming house except through a specific use permit for such use.
(a)
The specific use permit ordinance will indicate, the number of rooms in the building that may be used as a lodge, and the maximum occupancy of the building.
(b)
Any violation of the SUP ordinance is grounds for the revocation by the city council of the specific use permit for a boardinghouse or rooming house.
i.
The revocation of the specific use permit will be in addition to any other penalties provided by the ordinance and any other ordinances of the City of Palestine, Texas, and the statutes and laws of the State of Texas.
(3)
Any person who owns or operates a boardinghouse as defined herein, shall be required to keep and maintain a daily boardinghouse log in which the following information will be recorded:
(a)
Address of boarding house;
(b)
Name and address of owner and manager of such boardinghouse;
(c)
Number of lodges, as defined herein, in such boardinghouse; and
(d)
Name and lodge number for every person who occupied a lodge within the building for such day.
(4)
The daily boardinghouse log shall be kept at the boardinghouse for inspection for one calendar year after the current year during which the log is maintained. The daily boardinghouse logs will be available for inspection by the building official or his designee upon no notice.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-12. - Cemeteries and mausoleums.
(1)
The minimum parcel size for cemeteries and/or mausoleums shall not be less than ten acres, and crematories (building only) shall not be less than two acres unless such uses are extensions of one that exists at the time of adoption of this section.
(2)
No part of any crypt, mausoleum, or other building, other than a subterranean grave, shall be less than 50 feet from the nearest lot line.
(3)
Crypts, mausoleums, or other structures, other than monuments, shall together not occupy more than ten percent of the total area.
(4)
A continuous screening device shall be provided and maintained along with all boundary lines separating said cemetery or crematories from any contiguous land.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-13. - Childcare centers (daycare, after school care).
(1)
The minimum lot area shall not be less than 6,000 square feet or not less than 30 square feet per child, whichever is greater.
(2)
Each day care center shall comply with minimum spatial requirements within the district [where] such use is permitted.
(3)
There shall be a fence six feet in height surrounding all play areas. Such fencing shall be continuous with latching gates at exit and entrance points. The fencing may be of masonry construction, chain link or wood.
(4)
In the case of specific uses, the planning and zoning commission may require that plantings be placed on the outside of the above required fencing and may also require that such fenced areas be setbacks from any property line, and other requirements as may be required by the planning and zoning commission.
(5)
Each day care center prior to receiving a certificate of occupancy from the city must have met all State of Texas regulations and present a copy of the state license or permit to operate such a facility to the building inspector.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-14. - Churches and other houses of worship.
(1)
Minimum lot area: One acre.
(2)
Minimum lot width at building line: 100 feet.
(3)
Minimum setbacks from any property line: 35 feet.
(4)
Maximum building height of principal structure, excluding church spire: 30 feet.
(5)
Maximum percent of lot coverage: 25 percent.
(6)
Access to and from a residential street is prohibited.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-15. - Commercial amusement, indoor.
(1)
In addition to this section, all commercial amusement, indoor establishments shall be subject to chapter 26, article II and article III, chapter 39, article II, section 39.2.4-15 of the Palestine City Code.
(2)
Hours of operation.
(a)
Except as provided in subsection (2)(b) and (2)(c) of this section, no commercial amusement (indoor) establishment shall operate between the hours of 12:01 a.m. to 9:00 a.m., seven days a week.
(b)
A commercial amusement establishment that is within 500 feet of a district restricted to residential use only in this chapter 39, zoning ordinance of the City of Palestine, shall not be allowed to operate between the hours of 11:00 p.m., Sunday through Thursday, and 9:00 a.m. the following day, or between the hours of 12:01 a.m. to 9:00 a.m. on Saturday and Sunday.
(c)
For purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest entry door in the portion of the building used as an amusement machine establishment to the nearest point of a district restricted to residential use or nearest entry door of a school.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-16. - Commercial amusement, outdoor.
Outdoor activities shall be separated at least 300 feet from any residential district.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-17. - Drilling and production of oil and gas, gathering and compression station.
The following regulations shall apply to drilling and production of oil and gas:
(1)
The drilling and production of oil and gas, gathering stations, and compressor stations within the corporate limits of the city shall be permitted by specific use permit process only.
(2)
No drilling, production, compressors, compressor station or gathering station shall be permitted within the floodway or 500-year floodplain as defined by FEMA or within 600 feet of any cultural, historic or archaeological resources, or groundwater recharge areas; or environmentally sensitive areas excluding floodplain or floodways; or within 600 feet of any habitable structure or public building, institution, park, school, or commercial building, for which a building permit has been issued on or before the date the application for a drilling permit is filed with the city; provided, however, that drilling shall be permitted as close as 300 feet if all affected property owners agree in writing. The distance shall be calculated from the well bore, in a straight line, without regard to intervening structures or objects, to the primary structure of the protected use or park boundary.
(3)
Residential separation requirements. No drilling, production, compressor, compressor station, or gathering station shall be permitted within 300 feet of a neighboring property line unless all affected property owners agree in writing.
(a)
If 80 percent of affected property owners agree in writing to permit drilling as close as 300 feet or 300 feet of a neighboring property line, then the operator may apply to the board of adjustment for a special exception from the requirement that all affected property owners must agree in writing; or
(b)
When four or fewer waivers are required, if all but one property owners agree in writing to permit drilling or production within the reduced distance, then the operator may apply to the board of adjustment for a special exception from the requirement that all affected property owners must agree in writing.
(4)
Separation between sites. No drilling or production site or compressor station shall be permitted within 3,500 feet of an existing drill site or compressor station, except that existing pad sites may be expanded so that different operators may share space at the same pad site ("co-location"). Co-locations must have a common drive, common sound walls, and commons screening.
(5)
An approved road repair agreement shall be a part of the special use permit approval.
(6)
An oil and gas permit application shall be filed with the city concurrently with the request for a special use permit; provided, however, that the city shall not be required to consider the oil and gas permit application unless and until a special use permit is approved by the city council.
(7)
If drilling is not commenced on at least one well covered by the special use permit for oil or gas drilling or production within two years from the date of issuance, the special use permit shall expire.
(8)
The city council, may establish a lesser expiration timeline at the time of approval of the special use permit.
(9)
If an extension is desired but drilling has not commenced, the operator(s) may submit to the city council an application to amend the special use permit to extend the timeline.
(10)
The special use permit required by this section is in addition to and is not in lieu of any permit, exception, variance, or other requirements that may be required by any other provision of this chapter 39, other provisions of the City Code, or by any other governmental agency.
In addition to, the following regulations shall apply to gathering stations and compressor stations:
(1)
General separation requirements. No gathering station shall be permitted within the floodway or 500-year floodplain as defined by FEMA or within 2,000 feet of any cultural, historic or archaeological resources, or groundwater recharge areas, or environmentally sensitive areas, excluding floodplain and floodways; or within 2,000 feet of any habitable structure or public building, institution, park, school, or commercial building for which a building permit has been issued on or before the date the application for a drilling permit is filed with the inspector, provided, however, that this minimum setback may be reduced to 1,000 feet if:
(a)
All affected property owners agree in writing. No gathering station shall be permitted closer than 1,000 feet to a neighboring property line unless all affected property owners agree in writing. If 80 percent of affected property owners agree in writing to permit a gathering station as close as 1,000 feet, then the operator may apply to the city for a special use permit.
(b)
When four or fewer waivers are required, if all but one property owners agree in writing to permit a gathering station within the reduced distance, then the operator may apply to the city for a special use permit.
(c)
No gathering station shall be located within 200 feet of a railroad right-of-way.
(2)
Erosion control. Construction of the gathering station shall comply with the erosion control regulations set forth in chapter 40.
(3)
Floodplain and floodways. No gathering station shall be permitted in a floodplain or floodway.
(4)
Security.
(a)
There shall be a locked entrance gate to the gathering station site. The entrance gate shall be fire accessible with a Knox-Box rapid entry system.
(b)
The equipment and facilities at a gathering station site must be enclosed, individually or collectively, in accordance with the requirements of this section.
(5)
Warning signage. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" in a minimum of four-inch lettering shall be posted at the entrance of each gathering station site. The sign shall include the phone number for emergency services (9-1-1), the name and phone number for the owner/operator in three-inch lettering. In addition, if the special use permit is approved, the SUP ordinance number must be displayed on the sign in a minimum of three-inch lettering.
(6)
Parking and driveways. All facilities used for parking, loading, unloading, driveways and all other vehicular access, including private roads or driveways, shall be constructed and maintained in compliance with the North Central Texas Council of Government (NCTCOG) Specifications, and other provisions of the City Code and must meet all minimum fire code requirements, provided that the drive approach from the street be constructed of concrete. The surface for such facilities and drive approach must always be maintained in good condition and repair.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-18. - Educational and scientific research office excluding laboratory facilities.
In addition to the requirements applicable to such uses within the districts where such are permitted, the following requirements and regulations shall be complied with:
(a)
All activities shall be conducted within a completely enclosed building or buildings.
(b)
There shall be no outdoor storage of dismantled parts or supplies visible beyond the premises, and all storage shall be in accordance with chapter 39, article II, division 4, section 39.2.4-35.
(c)
Such uses shall be screened from abutting properties by a solid fence, masonry wall or evergreen hedge.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-19. - Eight-liner business.
In addition to the requirements applicable within the districts where such uses are permitted, or those required through a specific use permit granted within the City of Palestine corporate limits, the following requirements and regulations shall be complied with:
(a)
Eight-liner machines and businesses are prohibited in this city.
(b)
Eight-liner business is prohibited as an accessory use in the City of Palestine.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-20. - Funeral homes and mortuaries.
In addition to the requirements applicable to funeral homes and mortuaries within the districts where such are permitted, the following requirements and regulations shall be complied with:
(a)
Dimensional requirements. The minimum lot area shall not be less than one acre.
(b)
Access. All ingress and egress points shall be to or from primary arterials.
(c)
Buffering and screening. All such operations including the loading and unloading facilities shall be screened from abutting properties by a solid fence, masonry wall or evergreen hedge.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-21. - Gasoline service stations and car washes.
In addition to the requirements applicable to gasoline service stations and car washes within the districts where such are permitted, the following requirements and regulations shall be complied with:
(1)
Gasoline service stations.
(a)
The minimum lot area to be occupied by a gasoline service station shall not be less than 12,000 square feet with a lot frontage of not less than 100 feet;
(b)
All fuel pumps and pump islands shall be set back a minimum distance of at least 15 feet from any street right-of-way line, property line or buffer strip;
(c)
The outside ends of all canopies shall be set back a minimum distance of ten feet from all property lines;
(d)
Permitted uses. Retail sale of: Minor automobile parts and accessories, gasoline, diesel fuel, kerosene, lubricating oils and greases; and articles dispensed by vending machines providing such vending machines are located under the roof of the principal structure and screened on not less than three sides;
(e)
No permanent outdoor storage of materials or products shall be permitted;
(f)
All buffering and screening except as provided for herein shall be screened from abutting properties by a solid fence or masonry wall.
(2)
Car washes.
(a)
The minimum lot area to be occupied by a car wash containing either one conveyor belt washing stall or four or less self-service and/or automatic washing stalls shall not be less than 15,000 square feet with a lot frontage of not less than 100 feet. For each additional washing stall over one or four, an additional 2,000 square feet shall be added to the minimum lot requirement.
(b)
Except as provided for in the above paragraph, all car washes shall comply with the regulations of subsection (1) gasoline service stations above.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-22. - General retail (indoor)—Over 50,000 gross floor area.
(1)
Community spaces. Entrances and parking lot locations shall be clearly identifiable with walkways conveniently tied to logical destinations. Customer drop-off/pick-up points that may be provided should be integrated into the design and should not conflict with traffic lanes or pedestrian paths. Pedestrian ways shall be anchored by special design features, such as towers, arcades, porticoes, light fixtures, planter walls, seating areas, or other architectural features that define circulation paths and outdoor spaces.
(2)
Delivery, trash collection, and loading spaces. If the area is adjacent to residential property, the delivery, trash collection, and loading spaces must be set back at least 150 feet from a residential use, unless such operations are located entirely within an enclosed building that meets the required building setback. If the area is adjacent to residential property, delivery, trash collection, and loading operations shall not be permitted between 10:00 p.m. and 7:00 a.m. Regardless of whether the area is adjacent to residential property, the delivery, trash collection, and loading areas shall be screened or enclosed so they are not visible from public streets, public sidewalks, internal pedestrian walkways, or adjacent properties.
(3)
Outdoor storage and display. Outside storage and display areas, combined, shall be limited to five percent of the gross floor area, but no larger than 10,000 square feet, be screened from public view by an eight-foot wall of like material to the building when facing a public right-of-way or residential property, and shall in no case be allowed within 150 feet of residential property or more than 150 feet from the building.
(4)
Pedestrian and bicycle access. Pedestrian and bicycle access separate from vehicular access is to be provided between the storefront and the main entrance from a public right-of-way, and along the full length of any building where it adjoins a parking lot. Such access shall be a minimum of six feet wide and shall be delineated by paving bricks, stone, or raised concrete with appropriate access impaired ramps in accordance with standard building code regulations with painted stripes at parking isle and drive lane crossings.
(5)
Design features. The building shall incorporate design features that minimize the building's visual impact, including:
(a)
Construction of all facades with a minimum of 90 percent masonry materials, excluding all windows, doors, and glass construction materials. Masonry shall mean brick, stone, concrete masonry units, or stucco. Cement or concrete tilt wall materials shall be prohibited.
(b)
All masonry colors shall be light to medium earth tones ranging from light beige to medium earth yellows, tans, rays, ochers, rust, etc. Primary accent colors may be used on a maximum of ten percent of all building facades for decorative impact.
(c)
All facades shall have horizontal and vertical articulation that provides a visual break to the expanse of masonry.
(d)
The building shall contain at least 40 percent non-reflective glass on the first floor of the front facade to create an attractive store-front appearance.
(e)
Canopies or other design or architectural features designed to enhance the appearance of the building's facade.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-23. - Greenhouse and nursery, commercial.
(1)
The outdoor display/storage of trees, shrubs, and plants shall be permitted at plant nurseries, including garden centers associated with home improvement and general merchandise stores. The display of lawn and garden supplies, grass pallets, and other bulk items shall be permitted, but shall be accessory and ancillary to the primary display of trees, shrubs, and plants.
(2)
The storage/display area shall be designated and approved on the site plan for the use.
(3)
Paving within a plant display area shall be required only for pedestrian walkways.
(4)
All items shall be displayed outside of the setbacks applicable to principal buildings, and no such display shall obstruct or eliminate any designated parking or loading space, access drive, or fire lane.
(5)
Construction of fences shall be in accordance with chapter 39, article III, division 5.
(6)
Minimum fire lanes must be marked and maintained throughout the display/storage area in accordance with the requirements of the fire code. Buildings in a display/sales area shall be separated by a minimum distance of ten feet.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-24. - Group housing, adult group home.
(1)
Requires state licensing and only permits homes complying with the Community Homes for Disabled Persons Act.
(2)
A building permit shall be issued upon the applicant providing proof of meeting the state licensing requirements.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-25. - Gun shooting or archery range, indoor.
In addition to the requirements applicable within the districts where such uses are permitted, or those required through a specific use permit granted within the City of Palestine corporate limits, the following requirements and regulations shall be complied with:
(a)
The sale or consumption of alcohol on the premises of an indoor gun range is prohibited.
(b)
No indoor gun range shall be located closer than 300 feet from a residential zoning district.
(c)
The operator/owner of an indoor gun range shall provide casualty insurance coverage for any injuries to the public that are related to the use of the firearms.
(d)
The loading or unloading of firearms on the premises of an indoor gun range outside the structure where the shooting takes place is prohibited.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-26. - Holiday tree and firewood sales.
(1)
The outdoor sales of Christmas trees and firewood sales may be permitted for a period of not more than 90 days.
(2)
Sales lots located on undeveloped property shall identify and provide adequate off-street parking.
(3)
Electrical connections must be permitted by the building department.
(4)
Sales lots on developed sites which comply with the requirements for outdoor sales shall not require a permit under this section.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-27. - Home occupations.
(1)
Persons desiring a home occupation permit shall make application for same with the building inspector of the City of Palestine, Texas. Said inspector shall evaluate those factors which might have a bearing on determining if such application for home occupation is clearly incidental and secondary to the dwelling unit and meets all the standards and criteria set forth in this section. If such application is determined to be consistent with this section, a permit for the same shall be issued by the building inspector. Once said home occupation permit is issued to the applicant, it cannot be transferred to a second applicant through the sale, leasing, or rental of the premises on which said home occupation is located or in any other manner. Such application for a permit shall contain such information as the building inspector may require, but in any event, shall include the following:
(a)
Name of applicant;
(b)
Location of residence where the home occupation will be conducted;
(c)
Total floor area of the residence;
(d)
Area of room or rooms to be utilized in the conduct of the home occupation;
(e)
A sketch with dimension showing the floor plan and the area to be utilized;
(f)
The exact nature of the home occupation.
(2)
Any home occupation permit shall be for a period of five years and must be renewed every five years from date of issue by application to the city manager or his/her designee according to the provisions set forth in this section. Home occupation permits issued prior to the effective date of this ordinance [chapter] shall expire one year from the date of issuance and must be renewed for a five-year period by application to the city manager or his/her designee according to the provisions of this section.
(3)
Notice of expiration of home occupation permits issued prior to the effective date of this ordinance [chapter] shall be sent by mail by the city manager or his/her designee to the holder of such permit within 30 days from the effective date of the ordinance codified in this chapter. If any occupation permit shall expire under the provisions of this ordinance within 90 days from the effective date of the ordinance codified in this chapter, such permit shall continue to be valid until final determination by the city manager or his/her designee on an application for renewal on [of] same, provided such application is made within ten days after notification by the city manager or his/her designee.
(4)
Any person within 200 feet of said home occupation may seek revocation of a home occupation permit by filing a written complaint thereon with the city manager or his/her designee who shall cause an investigation to be made to determine whether the permit holder is conducting said home occupation in a lawful manner as prescribed by this section. If the city manager or his/her designee determines that the permit holder is in violation of the provisions of this section, said permit holder shall have a ten-day period in which to correct the violations listed by the city manager or his/her designee. If said violations are not corrected within the ten-day period granted, the permit shall be revoked until such time a public hearing is held. Said public hearing shall be held on filed complaint for continuation of said home occupation. Said public hearing shall be held before the zoning board of adjustments and appeals within 30 days of filed complaint in which a public hearing will ultimately determine the continuation or elimination of occupation.
(5)
All home occupations shall comply with the following standards and criteria before permits can be issued:
(a)
The home occupation shall be conducted wholly within the principal building or accessory building;
(b)
No more than one additional person other than the residents residing on the premises shall be employed or engaged in said home occupation at the premises;
(c)
There shall be no alteration or change to the outside appearance, character, or use of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign not exceeding one square foot in area, non-illuminated, mounted flat against the wall of the principal building or accessory building;
(d)
No home occupation shall occupy more space than 20 percent of the total floor area of a residence, exclusive of any open porch, attached garage, or similar space not suited for or intended to be occupied as living quarters, provided, however, that in no event shall such home occupation occupy more than 700 square feet. Rooms which have been constructed as an addition to the residence and any attached garage or porch which has been converted into living quarters may be utilized for such home occupation;
(e)
No articles or materials used in connection with such home occupation shall be stored on the premises other than in the principal building or accessory building so used;
(f)
No commodities or goods of any kind shall be sold on the premises, nor displayed on the premises or elsewhere;
(g)
No equipment or process shall be used in such home occupation which creates noise, vibrations, glare, fumes, odors, or electrical interference detectable to the normal senses outside the dwelling unit, nor shall there be any combustible materials located elsewhere on the premises which are in violation of the city's fire prevention code. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in voltage off the premises;
(h)
No more than one automobile or truck whose size shall not be larger than a stock one-ton panel or pickup truck used in conjunction with such home occupation shall be permitted to park on the premises in question or off the premises in question and within view from surrounding properties. Vehicles may not have attached signs which exceed or extend beyond the dimensions of the vehicle.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-28. - Hotels.
(1)
Building design.
(a)
Accessibility. A guest room shall be accessible only from an internal hallway that is accessible from a central lobby area contained within a hotel.
(2)
Site facilities.
(a)
Number of rooms. All hotels must provide at least 90 rooms. A full-service hotel shall provide at least 120 guest rooms.
(b)
Meeting rooms. Limited-service hotels must have at least 3,000 square feet and up to a maximum of 7,999 square feet of meeting room space. A full-service hotel must provide at least 8,000 square feet of meeting room space. which may be divisible with modular walls.
(c)
Amenities. All full-service hotels shall offer recreational facilities with a combined area of 1,000 square feet. such as, but not limited to, a swimming pool, exercise rooms, game courts, or spas.
(d)
Food service. All hotels must provide at least limited food and beverage service. Limited food and beverage service must, at a minimum, include a self-service continental breakfast provided in an on-site dining room suitable for seating at least 30 guests at a time. Full-service hotels shall provide a full-service restaurant with full kitchen cooking and service staff on premises and be open to the general public for breakfast and dinner with seating for at least 30 customers.
(3)
Parking and circulation. All hotels must have an attached, covered drive-through area adjacent to the hotel lobby entrance to accommodate temporary guest parking during check-in and check-out. In addition to the parking required for on-site restaurant and meeting room space, each hotel must provide at least one parking space per guest room.
(4)
Grandfather Clause. Any hotel property that was constructed prior to the date these requirements were established, shall be exempt from the standards therein. Additionally, if the structure should be rebuilt, it may be rebuilt to the standards by which it was originally constructed.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-29. - Impounded vehicle storage facility.
(1)
Temporary parking and storage of impounded operable or inoperable motor vehicles is limited to a period of time not to exceed 90 days.
(2)
All enclosed and unenclosed facilities must be paved with an all-weather surface.
(3)
Vehicles may not be salvaged, dismantled or repaired at the facility.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-30. - Industrial.
All industrial uses shall conform to the following standards, which are established as minimum requirements:
(1)
Fire and explosion hazards. All buildings, storage and handling of flammable materials, and other activities shall conform to city building and fire codes and to any applicable state and federal regulations or requirements. A land use shall not represent a fire or explosion hazard to another adjacent property or to the general public. The storage, use, or manufacture of materials, goods or products, ranging from free or active burning to intense burning, as determined by the fire marshal, is permitted subject to compliance with all other yard requirements and performance standards previously described and providing that the following conditions are met:
(a)
All flammable liquids, solvents, cleaners, and other hazardous substances capable of contaminating groundwater or soil shall be stored within a building. Secondary containment measures shall be installed and utilized to prevent ground contact by any spills.
(b)
All such materials or products shall be produced, stored, or used in a completely enclosed building or structure that has noncombustible exterior walls and that also meets all related building code requirements.
(c)
The storage and handling of flammable liquids, liquefied petroleum, gases, and explosives shall comply with state rules and regulations.
(d)
All handling of flammable or hazardous substances shall be in accordance with state and federal laws, all required permits shall be obtained, and the establishment shall remain in conformance with all such requirements.
(2)
Smoke and/or air pollution control. Smoke, radiation, fumes, gases, dust, odors or other atmospheric pollutants shall not be emitted beyond the boundaries of a lot in a manner that may cause property damage or hazards to public health, be detrimental to the property rights of others, or constitute a nuisance. Emissions shall be in strict conformance with all applicable federal, state and county health laws.
(3)
Vibration. Vibration caused by an industrial activity shall not be detectable beyond the boundaries of the site on which the activity is conducted.
(4)
Noise. Noise created by an industrial activity shall not adversely affect an adjoining property.
(5)
Glare and radioactive materials. Any process that results in glare (such as arc welding or acetylene torch cutting), shall not emit ultraviolet light, measured at the property line, that exceeds safe levels as established by the National Institute of Standards and Technology and/or the Atomic Energy Commission.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-31. - Junkyards and salvage yards.
In addition to the requirements within the districts where such uses are permitted, the following requirements and regulations shall be complied with:
(1)
Dimension requirements.
(a)
Minimum lot area: Two acres.
(b)
Minimum lot location:
i.
Distance from any residentially zoned district; or federal or state highway within the city: 300 feet.
ii.
Distance from any street right-of-way line: 25 feet.
iii.
Distance from any other property line: 20 feet.
(2)
Buffering and screening. The planning and zoning commission shall recommend to the city council the area to be buffered or screened by a solid fence or screened by a solid fence eight feet in height or other prescribed screening device, with the necessary openings for the operation of business. All state and federal requirements shall apply where applicable.
(3)
Site plan approval. All such uses shall be required to have site plan approval in accordance with chapter 39, article IV, division 6.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-32. - Manufactured home/mobile home community.
(1)
The minimum size of any manufactured home community shall be five acres.
(2)
There shall be adequate provisions for the collection and removal of waste and garbage.
(3)
A separate electrical outlet shall be provided for each unit in the park. If such outlet is of a plug-in type approved and inspected by the city upon installation, then it shall not be necessary to obtain city inspection upon connection and disconnection of individual manufactured homes thereto, provided there has been no modification to the approved outlet.
(4)
Water and sewer requirements shall be as follows:
(a)
City water connections furnishing an ample and adequate supply of water for both health and firefighting purposes, including the adequate provisions of fire hydrants.
(b)
Connection with the municipal sanitary sewer system.
(c)
Separate water and sewer outlets may be provided to each unit in the park. If the original installations are inspected and approved by the city, and in the opinion of the city manager or his/her designee are of such a nature to safely permit connection and disconnection by untrained persons, it shall not be necessary to obtain city inspection and approval upon connection or disconnection of individual manufactured homes thereto, provided there has been no modification to the approved outlet. Notwithstanding the above, sewer connections for lots located within floodplain areas must be inspected for each re-connection.
(5)
The park shall have adequate and sufficient electrical lighting of the streets. The cost of this lighting will be borne by the owner of the park.
(6)
The park shall have minimum 20 percent of the area set aside for open space/park, and play area if children are permitted in the park. The play area shall be enclosed with a fence.
(7)
Each lot or space shall be identified by lot number painted or displayed on a sign board at the front of the lot. Numerals shall be dark in color against a light background to assure easy identification by emergency personnel. Minimum numeral size will be six inches in height. The sign board must be at least ten inches by ten inches in size.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-33. - Manufactured and mobile homes.
In addition to the requirements within the districts where such uses are permitted, the following requirements and regulations in chapter 39, article II, division 3, section 39.2.3-4 and division 4, section 39.4.3-2(6) shall also be complied with.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-34. - Mining and mineral extraction operation.
(1)
This section does not apply to oil and gas operations.
(2)
No quarrying operation shall be carried on or any stockpile placed closer than 50 feet to any property line, unless a greater distance is deemed necessary for the protection of adjacent property by the planning and zoning commission and/or city council during the specific use permit process; provided that this distance requirement may be reduced to 25 feet by written consent of the owner of the abutting property.
(3)
If the site of the mining or quarrying operation is adjacent to the right-of-way of any public street or road, no part of such operation shall take place closer than 25 feet to the nearest line of such right-of-way.
(4)
Slopes shall not exceed 4:1 for portions of a pit more than six feet deep and within 25 feet of a property line or right-of-way without an approved slope stabilization or shoring plan.
(5)
Fencing shall be erected and maintained around the entire site for the protection of the public safety and shall be of a type specified in chapter 39, article III, division 5.
(6)
All equipment and machinery shall be operated and maintained in such a manner as to minimize dust, noise, and vibration. Access roads shall be maintained in a dust-free condition by surfacing or other treatment as may be specified by the planning and zoning commission and/or city council during the specific use permit process.
(7)
The crushing, washing, and refining or other similar processing may be authorized by the planning and zoning commission and/or city council during the specific use permit process as an accessory use, but such processing shall not be in conflict with the use regulations of the district in which the operation is located.
(8)
An operational and site plan must be submitted as a part of the specific use permit application and shall include the following information:
(a)
The areas to be mined and proposed phases.
(b)
The location of permanent structures.
(c)
Locations for storage piles.
(d)
The points of access upon public roads and internal roads.
(e)
Screening and reclamation plans.
(f)
Hours of operation.
(g)
Estimated type and quantity of mineral materials to be removed.
(h)
Description of extraction and processing methods and location of processing plant.
(i)
Equipment to be placed on the site.
(j)
A summary of the procedures and practices that will be used to ensure compliance with the requirements of this section.
(k)
A plan disclosing the final grades and elevation.
(9)
Internal combustion engines may be used if they have mufflers that will reduce noise to comply with required noise levels set forth in this ordinance [chapter] at any point 300 feet from the boundary of the site or operation site and prevent the escape of noxious gases, fumes or ignited carbon or soot.
(10)
The noise level during operations shall not exceed 70 decibels at any point 300 feet from the boundary of the site between 8:00 a.m. and 7:00 p.m. The noise level between 7:00 p.m. and 8:00 a.m. shall not exceed 60 decibels at any point within 300 feet from the boundary of the site. If noise levels at a distance of 300 feet exceed 70 decibels, a sound reduction enclosure shall be required for compliance.
(11)
A road repair agreement shall be filed with the city. A road repair agreement must obligate the operator to repair damage to public streets, including, but not limited to, bridges, caused by the operator (or by the operator's employees, agents, contractors or representatives) in the performance of any activity authorized by or contemplated by the approved oil and gas well permit. A video documenting the existing conditions must be submitted prior to approval of the road repair agreement.
(12)
To guarantee restoration, rehabilitation, and reclamation of mined out areas, every applicant granted a mining permit shall furnish a surety bond to the City of Palestine, in an amount of not less than $2,000.00, the upper limit to be determined by the planning and zoning commission and/or city council during the specific use permit process, as a guarantee that such applicant, in restoring, reclaiming, and rehabilitating such land, shall within a reasonable time and meet the following requirements:
(a)
All excavation shall be made either to a water producing depth, such depth to be not less than five feet below the low water mark, or shall be graded or backfilled with non-noxious, non-flammable and noncombustible solids, to secure that the excavated area shall not collect stagnant water or that the surface of such area which is not permanently submerged is graded or backfilled as necessary so as to reduce the peaks and depressions, so as to produce a gently running surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area.
(b)
Vegetation shall be restored by appropriate seeds, grasses, or planting of shrubs or trees in all parts of the mining area where such area is not to be submerged under water.
(c)
The banks of all excavations not backfilled shall be sloped to the water line at a slope which shall not be less than four horizontal feet to one foot vertical and the bank shall be stabilized and maintained in accordance with the final stabilization requirements of the Texas Pollution Discharge Elimination System (TPDES) Construction General Permit in effect at the time of construction.
(d)
The planning and zoning commission and/or city council during the specific use permit process may impose such other conditions, requirements, or limitations concerning the nature, extent of the use and operation of such mines, quarries, or gravel pits as the city may deem necessary for the protection of adjacent properties and the public interest. The conditions and the amount of the surety bond shall be determined by the planning and zoning commission and/or city council during the specific use permit process prior to the issuance of the permit.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-35. - Nursing/convalescent homes.
In addition to the requirements within the districts where such uses are permitted, the following requirements and regulations shall be complied with:
(1)
The minimum lot area shall not be less than 10,000 square feet.
(2)
The minimum lot width at the building line shall be 100 feet.
(3)
All buildings and structures excluding fences or walls shall be set back a minimum distance of 25 feet from any property line or as required in the district where permitted, whichever is more restrictive.
(4)
Such uses shall meet the minimum requirements as set forth by the state and federal agencies regulating such activities, and shall upon application, for either building permit or occupancy certificate, submit certificates indicating approval by such state or federal agencies.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-36. - Outdoor storage and display.
(1)
Any land use listed in chapter 39, article II, division 2, section 39.2.2-13, land use chart that involves outdoor storage and or display shall comply with these standards whether or not a permit is required.
(2)
Outdoor storage or outdoor display that is legally in effect at the time of adoption of these standards shall be considered legally nonconforming.
(3)
The outdoor storage of any materials, products, or supplies used or designed for commercial or industrial use is hereby expressly prohibited in any residential district; provided, however, that provisions of this subsection shall not apply to the storage of building material on a lot or parcel of land during construction.
(4)
No outdoor display or outdoor storage shall be conducted outside of an enclosed building unless the use complies with the following provisions and limitations, except as may otherwise be permitted by this ordinance [chapter].
(5)
Fire lanes and or maneuvering isles shall be kept clear for vehicular and pedestrian maneuvering.
(6)
Outdoor storage and display may take place where designated off-street parking spaces are located as long as the minimum amount of required off-street parking is maintained on the property.
(7)
Any outdoor storage that is adjacent to a residential district shall be in compliance with the screening standards as outlined in chapter 39, article III, division 5.
(8)
All outdoor storage shall be made of a material that is resistant to damage or deterioration from exposure to the outside environment.
(9)
Outdoor display and storage must be set back a minimum of ten feet from the outside curb or edge of pavement of a public street for visibility purposes. In no event shall any items be placed within the street right-of-way.
(10)
Outdoor storage and display shall be conducted on an improved surface such as concrete, asphalt, concrete pavers or crushed rock that is dust free and shall meet the standards for storage yards as required in chapter 40, development, article XI, off-street parking driveway and storage yard standards, section 40-283; however, in the event that items for display are placed outside of the building and removed after normal business hours, items may be placed on a non-improved surface.
(11)
In the addition of meeting the required ten-foot setback from an adjacent public street, outdoor storage may not be conducted in the front yard setback of the primary building.
(12)
It is a defense to prosecution under this section that the item stored outside is:
(a)
An operable motor vehicle with valid state registration parked on a surface that meets the standards for parking surfaces contained in the off-street parking restrictions of the city, except that this defense is not available if the vehicle is a truck tractor, truck, bus or recreational vehicle and it has a rated capacity in excess of one and one-half tons according to the manufacturer's classification or if the vehicle is over 32 feet in length;
(b)
A boat, trailer or recreational vehicle parked on a surface that meets the standards for parking surfaces contained in the off-street parking restrictions of the city and the item cannot reasonably be placed in an area behind the front yard;
(c)
Landscaping or an ornamental structure, including, but not limited to, a birdbath, plant container or statuette, placed in the front yard or on the front porch for landscaping purposes;
(d)
Lawn furniture made of a material that is resistant to damage or deterioration from exposure to the outside environment;
(e)
Located on a front porch and not visible from the street; or
(f)
A vehicle displaying a registration insignia or identification card issued by the state to a permanently or temporarily disabled person for purposes of V.T.C.A. § 6675a-5e.1.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-37. - Propane sales and distribution.
In addition to the requirements applicable within the districts where such uses are permitted, or any requirements of a specific use permit granted within the City of Palestine corporate limits, the applicant shall provide a safety analysis report prepared by a licensed engineer with submittal of an application for a specific use permit for propane sales and distribution.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-38. - Recreational vehicle (RV) or trailer park.
Recreational vehicles may be used for temporary living quarters in a properly zoned and approved recreational vehicle park subject to the following conditions:
(1)
No recreational vehicle may remain on a lot in a recreational vehicle park in excess of 15 days in any three-month period.
(2)
The owner, operator and manager of the recreational vehicle park shall maintain a written record showing the date that each recreational vehicle is placed in the park, a description and license number of the recreational vehicle, the name of the occupant and upon departure, the date the recreational vehicle is removed from the park. Entries shall be made in this book promptly upon arrival of the recreational vehicle and these records shall be open to inspection by city manager or his/her designee during normal business hours.
(3)
Every recreational vehicle park shall be equipped with sewage pumping and storage facilities approved, inspected and permitted by the city. Additionally, temporary electrical and water hook-ups meeting the building and plumbing codes of the city must be provided for each lot or space reserved for use by recreational vehicles.
(4)
A recreational vehicle park shall not be located in a floodplain or floodway as designated on the city's flood insurance rate map.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-39. - Personal property sales in residential districts.
(1)
It shall be unlawful for any person to display or allow to be displayed for sale or lease on any lot any motor vehicle, boat or vessel subject to registration under V.T.C.A., Parks and Wildlife Code, Chapter 31, or camper shell designed for use on a motor vehicle unless such vehicle is owned by the actual occupant of the premises.
(2)
No more than two motor vehicles, boats or other similar vessels subject to registration under V.T.C.A., Parks and Wildlife Code, Chapter 31, camper shells, tractors, plows, mowing equipment, or other implements of farming, or combination these items, shall be displayed for sale on a lot at any one time on a parcel in the City of Palestine, except no more than two motor vehicles, boats or other similar vessels subject to registration under V.T.C.A., Parks and Wildlife Code, Chapter 31, camper shells, or combination these items, shall be displayed on a lot at any one time on a parcel in the MHP zoning district.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-40. - Restaurant with drive-through.
The hours of operation for food service with drive-through shall begin no earlier than 6:00 p.m. and end no later than 10:00 p.m., where the use is located within 300 feet of a residential use.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-41. - Roadside (produce) stand.
(1)
Stands shall be placed outside of public right-of-way and clear visibility areas.
(2)
Stands may be placed within the front yard and within the front setback, subject to any other applicable requirements of the zoning district it is located in.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-42. - Satellite transmission antenna.
(1)
This section establishes the general standards for the siting of satellite antennas greater than one meter in diameter. Where authorized as a special exception, the following additional standards of approval shall be considered:
(a)
Consider the public health and safety of satellite antenna facilities.
(b)
Protect residential areas and land uses from potential adverse impacts of satellite antennas.
(c)
Encourage users of satellite antenna facilities to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
(d)
Configure satellite transmission antennas in a way that minimizes the adverse visual impact of the facilities through careful design, siting, landscape screening, and innovative camouflaging techniques.
(e)
Avoid potential damage to adjacent properties from satellite antenna failure through engineering and careful siting of facilities.
(2)
Governmental satellite antennas shall be allowed as an accessory use in all zoning districts regardless of the size of the antenna.
(3)
Satellite antennas (whether receive-only or transmission) that exceed one meter in diameter in a residential zoning district or two meters in diameter in a nonresidential zoning district, shall be subject to the following conditions:
(4)
A satellite antenna may be placed on the roof of a residential structure provided it is not placed on the side of the roof that faces a public street unless this would cause an unreasonable increase in the cost of installing, maintaining or using the antenna or would prevent reception of an acceptable quality signal. A satellite antenna may be placed on the roof of a nonresidential structure if screened from public view from line of sight at ground level from the property line.
(5)
The satellite antenna shall not be permitted in front or side yards. The satellite antenna shall be permitted in the rear yard provided it meets the minimum setback as is required for accessory buildings in residential districts and as for all buildings in nonresidential districts.
(6)
Satellite antennas shall not be permitted in easements.
(7)
No part of an antenna, or any attachment thereto may extend beyond the property lines of the owner of such antenna site.
(8)
No auxiliary or outdoor lighting shall be allowed on the satellite antenna except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-43. - Sexually oriented businesses.
In addition to the requirements within the districts where such uses are permitted, the following requirements and regulations in the City of Palestine Code of Ordinances chapter 26, businesses, article VII, sexually oriented businesses shall also be complied with.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-44. - Solar energy equipment.
(1)
Freestanding solar collectors are accessory use structures and shall be subject to the requirements for such, together with all other applicable building codes and ordinances, including height limits.
(2)
A structurally attached solar collector is attached to an existing structure's roof or wall or serving as a structure's roof, wall, window or other structural member.
(a)
Structurally attached solar collectors installed on a building with a sloped roof shall not project vertically above the peak of the roof.
(b)
Structurally attached solar collectors installed on a building with a flat roof shall not project vertically more than five feet above the roof.
(c)
Roof-mounted or structurally attached solar energy systems shall comply with the maximum height requirements in the applicable zoning district.
(3)
A building permit, electrical permit, or any other permit related to work required to install solar energy equipment shall be obtained prior to installation of any solar energy equipment.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-45. - Temporary uses.
(1)
Temporary construction office. The location of a temporary office may be permitted on a site for which a building permit has been issued. Such office permit may be issued for no more than one year, but may be extended if the builder maintains active and continuous construction on the site.
(2)
Temporary sales office. A residential real estate sales office, located on a platted lot, may be permitted within a subdivision for which building permits have been issued and may be located either in a model home, in a temporary building, or in a portable trailer. Each permit shall specify the location of the office and area and shall be valid for a period of ten years to be renewed yearly based on the number of building permits issued.
(3)
Temporary batch plant. A temporary concrete or asphalt batch plant maybe permitted for use by a contractor for the period of active and continuous construction requiring concrete or asphalt. A batch plant shall be located at least 500 feet from any occupied residential lot, and shall not be used for construction at any other location than the project for which it is permitted. An application shall include a copy of the approved state permit for such operation.
(4)
Temporary accessory structure shall be limited to 30 days, per specific use permit.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-46. - Tiny house.
All tiny houses must comply with all applicable building codes adopted by the city and any requirements for accessory buildings.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-47. - Transitional housing.
In addition to the requirements applicable within the districts where such uses are permitted, or those required through a specific use permit granted within the City of Palestine corporate limits, the following requirements and regulations shall be complied with:
(1)
Such facilities shall be limited to only housing (not less than three months or more than two years) for homeless and shall not involve treatment and/or rehabilitation for alcohol, drugs or other substance abuse.
(2)
Dimensional requirements.
(a)
Maximum density: 26 units/acre.
(b)
Minimum lot area: 10,000 square feet.
(c)
Minimum lot width: 100 feet.
(d)
Minimum living area: 500 square feet.
(e)
Minimum yard setback - all buildings and structures excluding fences shall be setback a minimum distance of 25 feet from any residential district boundary. All other setbacks shall comply with the requirements of the district in which the use is located or as required in the specific use permit ordinance.
(3)
The site shall be oriented on/towards a major collector street.
(4)
The site shall be screened from adjacent properties and rights-of-way except for entrance/exit from the site by a minimum six feet solid fence, masonry wall, or evergreen hedge.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-48. - Vehicle sales and rental.
All items shall be displayed outside of the setbacks applicable to principal buildings. Vehicle sales lots may include minor repair and maintenance if conducted totally within an enclosed building. Major vehicle repair and collision services are only allowed if permitted within the applicable zoning district and in accordance with chapter 39, article II, division 4, section 39.2.4-8, automobile repair facilities.
(1)
Outdoor display shall consist only of operational vehicles with current inspection stickers; with hoods, trunks, and doors closed when not open for inspection; and with tires properly inflated. The appearance of the lot shall be orderly.
(2)
Barriers shall be provided on all vehicular sales lots to retain vehicles completely within the property and prohibit ingress and egress except at approved drive approaches.
(3)
Display areas shall be arranged in an orderly manner with items generally parallel to each other.
(4)
Construction of fences shall be in accordance with chapter 39, article III, division 5.
(5)
The storage/display area must be designated and approved on the site plan for the use.
(6)
Paving is required for all parking, display, and storage areas in accordance with city standards, except that paving shall not be required for the display of residential buildings, e.g., mobile or modular homes, if the following conditions are met:
(a)
Units are anchored according to the manufacturer's specifications required for occupancy;
(b)
The space between the ground and the floor level is completely enclosed, i.e., skirted;
(c)
Access sidewalks are provided; and
(d)
Unpaved areas are landscaped and regularly maintained in accordance with a landscape plan approved by the administrator.
(7)
Minimum fire lanes must be marked and maintained throughout the display/storage area in accordance with the requirements of the fire code. Buildings in a display/sales area shall be separated by a minimum distance of ten feet.
(8)
All such facilities shall be soundproof so to prevent any noise from being heard outside any building or structure. Outside cage structures permitted in industrial districts shall not be required to be soundproof.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-49. - Veterinary hospitals or clinics.
In addition to the requirements applicable to such uses within the districts where such are permitted, the following requirements and regulations shall be complied with:
(1)
Such facilities shall be limited to the treatment, boarding (not more than 30 days) grooming and short-time breeding of domesticated animals such as horses, cats, and dogs.
(2)
The lot area shall not be less than 10,000 square feet.
(3)
The minimum lot width at the building line shall not be less than 100 feet.
(4)
All buildings and structures excluding fences or walls shall be set back a minimum distance of 25 feet from any residential district boundary. All other setbacks shall conform to the requirements of the district in which such uses are located.
(5)
Veterinary hospitals or clinics shall not be required to meet any minimum lot coverage or building height except for the angle of light obstruction regulations of the district in which such facilities are permitted.
(6)
All buffering and screening shall be a solid fence, masonry wall, or evergreen hedge.
(7)
No such facilities shall be permitted to have outside cages or runs except those permitted in industrial districts.
(8)
All such facilities shall be soundproof so to prevent any noise from being heard outside any building or structure. Outside cage structures permitted in industrial districts shall not be required to be soundproof.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-50. - Wind energy turbines.
(1)
Freestanding wind energy equipment shall be considered an accessory building and shall be subject to the requirements spatial requirements for accessory buildings, together with all other applicable building codes and ordinances, including height limits.
(2)
Wind energy production/generation shall not be the primary use of any property within the city except in residential estate or industrial districts.
(3)
The wind energy system shall not create a noise above ambient level on the adjacent property.
(4)
All portions of the wind energy system shall be a non-reflective, non-obtrusive color, subject to the approval of the city manager or his/her designee.
(5)
Wind energy equipment shall not be used for displaying any advertising and shall not be illuminated.
(6)
The electrical collection system shall be placed underground within the interior of each parcel.
(7)
A building permit and any other permit related to work required to install wind energy equipment shall be obtained prior to installation of any wind energy equipment.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)
Sec. 39.2.4-51. - Wireless communication facilities.
(1)
Fleet parking and outdoor storage are prohibited as an accessory use at a wireless communication facility.
(2)
Wireless communication facilities (WCF) are limited to freestanding monopoles, self-enclosed monopoles, stealth, and WCFs attached to existing buildings or structures.
(3)
All WCFs above 75 feet shall be structurally designed for the co-location of multiple carrier antenna arrays.
(4)
All new construction of WCF monopoles exceeding 75 feet in height shall be screened, around the base of the pole and related appurtenances, with a masonry wall of minimum six feet height.
(5)
The new construction of freestanding monopoles and stealth facilities shall follow the site plan and building permit processes.
(6)
The collocation of antennas on existing, legal nonconforming wireless telecommunication facilities shall not be considered an expansion of a nonconforming use, structure, or site, provided the collocation does not increase the height of the tower on which it is situated.
(7)
The collocation of antennas on existing WCF towers shall not require a site plan or building permit, provided the collocation does not increase the height of the tower on which it is situated or require additional structural engineered support at the base of the tower that substantially changes its physical dimensions. An electrical permit shall be required, as applicable.
(8)
If attached directly to the vertical side(s) of a building or structure other than a monopole, the attached WCF antennas and related appurtenances shall be painted to blend in with the structure for which it is attached.
(9)
Any WCF equal to or less than 50 feet in height shall have a minimum setback from the right-of-way equal to the height of the tower.
(10)
Towers may not exceed 150 feet in height and must have a minimum setback from any single-family residentially zoned property line or conforming single-family use, and arterial and freeway rights-of-way, a minimum distance equal to three times the maximum height of the tower.
(11)
Any attached WCF on a roof of an existing building shall not exceed 15 feet in height above the top plate of the building.
(12)
Setbacks from roadways shall be measured from the edge of the right-of-way to the base of the pole. Setback distances shall not apply to antenna attachments to building rooftops, water utility tanks, or other existing vertical infrastructure.
(13)
The following are prohibited:
(a)
Interference with city and public safety communication systems and/or area television or radio broadcast;
(b)
Lattice towers;
(c)
Advertising signage, except for the minimum signage required by the Federal Communications Commission (FCC) regulations or necessary for the operation of WCF;
(d)
The use of guy wires is prohibited unless utilized in conjunction with an attached WCF to an existing building.
(Ord. No. O-14-25, § 2(Exh. B), 3-24-2025)