An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure.

Open eaves, cornices, windowsills, and belt courses may project into any required yard a distance not to exceed two (2') feet. Open uncovered porches or open fire escapes may project into a front or rear yard a distance not to exceed five (5') feet. Fences, walls, and hedges in residential districts may be erected in any required yard, or along the edge of any yard, providing that no fence, wall or hedge located in front of the front building line shall exceed four feet (4') in height. The allowable height limit of all fences from the front building line to the rear of the lot is eight (8) feet. The finished side of all wood fences is required to face out.

Editor’s note–Ordinance 2010-11 amended the zoning ordinance by changing requirements relating to fences. The ordinance did not specify the manner of inclusion. The text of subsection 2.1 B. above has been revised by the editor to incorporate such amendment. At the city’s request, “three (4') feet in height” was corrected as provided above.

Where the dedicated street right-of-way is less than fifty (50') feet, the front yard depth shall be determined by measuring fifty feet back from the centerline of the street easement.

No dwelling shall be erected on a lot that does not abut on at least one street, at least forty (40') feet in width, for at least thirty-five (35') feet. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress. Accessory buildings which are not a part of the main building may be built in the rear yard but shall not cover more than thirty percent (30%) of the rear yard, or one thousand five hundred (1,500 sq. ft.) square feet, whichever is less.

On any corner lot on which a front and side yard is required, no wall, fence, sign, structure or any plant growth which obstructs sight lines at elevations between two feet six inches (2'6") and six (6) feet above any portion of the crown of the adjacent roadway shall be maintained in a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of twenty-five (25') feet along the front and side lot lines and connecting the points so established to form a right triangle on the area of the lot adjacent to the street intersection.

An attached or detached private garage which faces on a street shall not be located closer than forty feet (40') to the street easement line.

Editor’s note–At the city’s request, “twenty-five (40') feet” was corrected as provided above.

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

Whenever one or more residential or institutional buildings are proposed to be located in a cluster or grouping which has a different arrangement, orientation, or other site planning variation from that of other buildings, structures or uses in the area or on adjacent properties, the architectural design, location, orientation, service and parking areas of such buildings shall be planned so as not to adversely affect the use of adjacent or other properties in the area, as determined by the planning commission.

In measuring heights, a habitable basement or attic shall be counted as a story. A story in a sloping roof, the area of which story at a height of four (4') feet above the floor does not exceed two-thirds (2/3) of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.

Chimneys, elevators, poles, spires, tanks, towers, and other projections not used for human occupancy may extend above the height limit.

Churches, schools, and other public and semi-public buildings may exceed the height limitation of the District of [if] the minimum depth of rear yards and minimum width of the side yards required in the District are increased one (1') foot for each two (2') feet by which the height of such public or semi-public structure exceeds the prescribed height limit.

The area required for off-street parking shall be in addition to the yard areas herein required; and further provided that the front yard required in a Residential District may be used for the uncovered parking area for four (4) or less vehicles associated with a residential use when the area is surfaced with a surface pavement adequate to prevent the occurrence of mud and dust with continued use.

All sides of the lot within or abutting the Residential district shall be enclosed with an opaque ornamental fence, wall or dense evergreen hedge having a height of not less than five (5) feet nor more than six (6) feet. Such fence, wall, hedge shall be maintained in good condition.

No parking shall be permitted within a front yard setback line established fifteen (15') feet back of the property line of interior in a residential district or immediately abuts the front yard of a residential unit. In all other cases no setback shall be required.

ALL YARDS SHALL BE LANDSCAPED WITH GRASS AND SHRUBS AND MAINTAINED IN GOOD CONDITION THE YEAR ROUND.

Driveways used for ingress and egress shall be confined to and shall not exceed twenty-five [feet] (25') in width exclusive of curb returns.

All of the lot used for driveway purposes shall be paved with a surface pavement and maintained in such manner that no dust or mud will be produced by continued use.

Whenever lighting is provided, the intensity and arrangement of reflectors shall be such as not to interfere with residential district uses.

No sign of any kind shall be erected except information signs used to guide traffic and to state the condition and terms of the use of the lots. Only non-intermittent white lighting if [of] signs shall be permitted.

Residential lots shall be at least one hundred fifty (150') feet wide and shall be at least one hundred forty (140') feet deep. Additionally, 6/10 of an acre is required for the aerobic system, 1 acre is required for use of a conventional system, and 3 acres regardless of system if using the property’s well.

Where (as the result of necessary percolation tests as required by the City), the County deems the minimum lot area insufficient the City shall require additional lot area sufficient to accommodate the sanitary facilities deemed necessary by the County.

shall be interpreted to mean any approach to a private residence, barn or accessory building to be used by any vehicular means.

shall be interpreted to mean any approach to two (2) or more private residences, barns, or accessory buildings to be used by any vehicular means.

Utility Grid Wind Energy Systems are prohibited within the City.

A building permit must be obtained prior to the construction or installation of a Wind Energy System. An application for building permit must be accompanied by:

A Wind Energy System must be installed according to the manufacturer’s recommendations and under the seal of a professional engineer registered in the State of Texas. Additionally, all components of a Wind Energy System shall comply with applicable state and local building codes. ONLY MONOPOLE SYSTEMS WILL BE PERMITTED.

The tower height shall not exceed 75 feet inclusive of blades. Additionally, no tower height shall exceed the tower height recommended by the manufacturer or the distributor of the Wind Energy System[.]

The tower structure of a Wind Energy System must be at least 40 feet from any primary structure and must be at least 1.1 times the height in feet to any property line and must be constructed behind the required building line.

A Wind Energy System may be erected on a lot only after a primary structure has been constructed on the lot. A wind energy system may not be constructed on a vacant lot. If an occupied primary structure is removed from a lot or property, a wind energy system must be removed from said property if a replacement primary structure is not completed within a period of twelve (12) months, within thirty days after the expiration of the twelve-month period.

Sound Pressure Levels shall not exceed sixty (60) decibels (dBA) as measured from the property line closest to the Wind Energy System.

All lighting not required by the FAA is prohibited. When obstruction lighting is required by the FAA, such lighting shall not exceed the minimum requirements of said agency. A tower structure may be artificially lighted ONLY with steady-burning red obstruction lights (FAA type L-810) or flashing red obstruction lights (FAA type L-864) flashing no faster than 20 flashes per minute. Flashing red obstruction lights (FAA type L-864) flashing faster than 20 flashes per minute, medium intensity flashing white obstruction lights (FAA type L-865 or L-866), high intensity flashing white lights (FAA type L-856 or L-857) or dual flashing red obstruction lights and medium intensity flashing white obstruction lights (FAA types L-864/L-865) may be used ONLY when the FAA specifies that the specific lighting pattern is the ONLY lighting pattern acceptable to promote aviation safety and refuses applicant’s request for authorization to use the lighting required by the City herein. Upward lighting, floodlights or other lighting not strictly required by the FAA is prohibited.

No advertising or other signs shall be allowed on a Wind Energy System. All the components of the structure will be a muted earth-tone color designed to blend into the landscape. No bright, chroma or primary colors will be permitted. Acceptable colors include shades of grey and brown and will be submitted as part of the application.

No portion of a wind energy system or the required setback shall encroach upon or be erected, constructed or located within any public right-of-way; public or private easement or within any front, side or rear property setback area. No part of a wind energy system may extend beyond the property lines or required building lines of the lot on which the wind energy system is located unless the adjacent property is contiguous and maintains the same owner.

No grid-interconnected Wind Energy System shall be installed until evidence has been given that the appropriate utility company has been informed of the customer’s intent to install a grid-connected customer-owned generator. Off-grid systems shall be exempt from this requirement.

To ensure the structural integrity of a Wind Energy System, the owner of such System must ensure that it is maintained

in compliance with all provisions of the City of Pecan Hill’s building codes and zoning regulations, as they exist and as they may be amended. If, upon inspection, the City concludes that a Wind Energy System fails to comply with such codes and regulations and/or constitutes a danger to persons or property, then upon written notice to the owner of the Wind Energy System, the owner shall have thirty (30) calendar days to bring such System into compliance with applicable standards. Failure to bring such System into compliance shall constitute grounds for the removal of the Wind Energy System at the owner’s expense. This notice requirement shall not preclude immediate action by the Building Official as allowed by law if public safety requires such action.

Building permit applications for Wind Energy Systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code, as it exists and as it may be amended.

The application shall include a standard drawing and engineer analysis of the system’s tower, and certification by a professional mechanical, structural, or civil engineer.

Owners of any Wind Energy System must provide proof of liability insurance that covers the wind turbine and all other Wind Energy System components, and such insurance coverage must be maintained at all times, in the minimum amount of three hundred thousand dollars ($300,000), or in another amount and form acceptable to the City Council. Proof of such insurance coverage must be provided to the City at the time application is made for a building permit. The property owner must provide a letter from the insurance provider stating that the city will be notified of any changes in insurance coverage. Any lapse of insurance coverage or a reduction in coverage below the minimum amount required will result in immediate cessation of wind energy system use until all requirements have been met.

No part of a Wind Energy System may extend beyond the property lines or required building lines of the lot on which the Wind Energy System is located.

A wind energy system shall be erected and installed according to the instructions of the system manufacturer and under the seal of a professional engineer registered in the State of Texas. All components of the system must be in compliance with this Section 7, the ordinances of the city, and all applicable state and local building codes. All Wind Energy Systems must meet or exceed current standards and regulations of the FAA and any other agency of the state or federal government with the authority to regulate Wind Energy Systems. If such standards and regulations are changed, and if the controlling state or federal agency mandates compliance, then the owners of the Wind Energy System governed by this Ordinance shall bring such Wind Energy System into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. The system must have a certificate of compliance from Underwriters’ Laboratories, Inc. with the most current standard or UL 1741 standard for safety for inverters, converters, controllers, and interconnection system equipment for use with distributed energy resources. All applicable components of the wind energy system shall meet and comply with the city’s building codes and electrical code, as they exist and as they may be amended.

The paint, finish, landscaping, and structural integrity of a wind energy system and each of its components shall be maintained at all times. All such systems shall be kept in good working order. If, upon inspection, the city concludes that a wind energy system fails to comply with such codes and regulations and/or constitutes a danger to persons or property, then the city shall order an immediate cessation of the wind energy system until all violations and/or safety concerns have been resolved.

No advertising or signage of any type, other than the manufacturer’s or installer’s identification, appropriate warning signs, or owner identification, shall be allowed or permitted on a wind energy system.

No more than one wind energy system shall be erected, constructed, operated or permitted on any single lot or tract.

Wind energy systems that have, due to damage, lack of repair, or other circumstances, become unstable, lean significantly out-of-plumb, or otherwise present a danger or hazard to the public health or safety, shall immediately cease operating and be removed or brought into repair within thirty (30) days following notice given by the city. If the wind energy system is not made safe or removed within thirty (30) days of notification from the city, the city may remove the wind energy system and place a lien upon the property for the costs of the removal, upon notice and a hearing consistent with Article 3.1000 [Article 3.07] of the Code of Ordinances relative to substandard structures. However, the city may order immediate action to prevent an imminent threat to public safety or property.

The Mayor may revoke or suspend a special use permit for cause or if it is determined that a wind energy system is not in compliance with the requirements of this article or other laws or regulations. The owner shall be given not less than seven (7) days’ notice of suspension or revocation, which notice shall be presumed received on the expiration of three days after deposit in the mail properly addressed to the owner at the address stated in the application, or immediately upon hand-delivery to the owner.

Upon expiration of the period set forth in the notice, the operation of the wind energy system shall cease. If the violation or event of noncompliance giving rise to the suspension is not corrected, and the suspension lifted and special use permit reinstated.

within ninety (90) days thereafter, the wind energy system shall be removed by the owner at the owner’s sole expense. If a special use permit is revoked and a new special use permit is not thereafter issued within sixty (60) days after the date of revocation, the wind energy system shall be removed by the owner at the owner’s sole expense.

The suspension or revocation of a wind energy system special use permit may be appealed by written notice of appeal, filed with the city, with twenty (20) days after receipt of notice of suspension or revocation. The use and operation of the wind energy system shall cease upon expiration of the period set forth in the notice, notwithstanding the pendency of an appeal. The city council shall have sole and exclusive authority to hear and decide all such appeals, and the decision of the city council shall be final and binding.

It is unlawful for any person to construct, install, maintain or operate a wind energy system that is not in compliance with this article or with any condition contained in a wind energy system special use permit issued pursuant to this article.

It is unlawful for any person to violate any condition, notice or order directed to the owner regarding the discontinuance or removal of a wind energy system or component thereof.

Any owner, person, firm or association violating any of the provisions of this Section 7 shall be deemed guilty of a misdemeanor offense and upon conviction, shall be punished by a fine not to exceed the sum of two thousand dollars ($2000.00) and each and every day a violation [is continued] shall be deemed a separate offense.

A violation of any term or provision of this article may be enjoined by civil injunctive relief. The city may, at its sole option, seek injunctive and other equitable relief to restrain any violation of this article and may, in addition, pursue any lawful remedies to correct, abate, or punish any violation hereof.

The penalties and remedies provided for in this article are not exclusive of each other or of any other remedy at law or in equity, and all such remedies are declared to be cumulative.